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Public Act 103-0145 | ||||
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AN ACT concerning the fraud.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Act on the Aging is amended by | ||||
changing Section 4.04a as follows:
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(20 ILCS 105/4.04a)
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Sec. 4.04a. Illinois Long-Term Care Council.
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(a) Purpose. The purpose of this Section is to ensure that | ||||
consumers over
the age of 60
residing in facilities licensed | ||||
or regulated under the Nursing Home Care Act,
Skilled Nursing | ||||
and Intermediate Care Facilities Code, Sheltered Care
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Facilities Code, and the Illinois Veterans' Homes Code receive | ||||
high
quality long-term care through an effective
Illinois | ||||
Long-Term Care Council.
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(b) Maintenance and operation of the Illinois Long-Term | ||||
Care Council.
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(1) The Department shall develop a fair and impartial | ||||
process for
recruiting and
receiving nominations for | ||||
members for
the Illinois
Long-Term Care Council from the | ||||
State Long-Term Care Ombudsman, the area
agencies on | ||||
aging, regional ombudsman
programs, provider agencies, and | ||||
other public agencies, using a nomination form
provided by | ||||
the Department.
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(2) The Department shall appoint members to the
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Illinois Long-Term Care Council in a timely manner.
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(3) The Department shall consider and act in good | ||
faith regarding
the Illinois Long-Term Care Council's | ||
annual report and its recommendations.
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(4) The Director shall appoint to
the Illinois | ||
Long-Term Care Council at least 18 but not more than 25 | ||
members.
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(c) Responsibilities of the State Long-Term Care | ||
Ombudsman, area agencies on
aging, regional long-term care
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ombudsman
programs, and provider agencies. The State Long-Term | ||
Care Ombudsman and each
area agency on aging, regional | ||
long-term
care
ombudsman program, and provider agency shall | ||
solicit names and
recommend members to the Department for | ||
appointment to the Illinois Long-Term
Care Council.
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(d) Powers and duties. The Illinois Long-Term Care Council | ||
shall do the
following:
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(1) Make recommendations and comment on issues | ||
pertaining to long-term
care and the State Long-Term Care | ||
Ombudsman Program to the
Department.
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(2) Advise the Department on matters pertaining to the | ||
quality of life and
quality of care in the continuum of | ||
long-term care.
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(3) Evaluate, comment on reports regarding, and make | ||
recommendations on,
the
quality of life and quality of | ||
care in long-term care facilities and on the
duties and
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responsibilities of the State Long-Term Care Ombudsman | ||
Program.
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(4) Prepare and circulate an annual report to the | ||
Governor, the General
Assembly,
and other interested | ||
parties concerning the duties and accomplishments of the
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Illinois Long-Term Care Council and all other related | ||
matters pertaining to
long-term care
and the
protection of | ||
residents' rights.
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(5) Provide an opportunity for public input at each | ||
scheduled meeting.
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(6) Make recommendations to the Director, upon his or | ||
her request, as to
individuals who are capable of serving | ||
as the State Long-Term Care Ombudsman
and who should make | ||
appropriate application for that position should it become
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vacant.
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(e) Composition and operation. The Illinois Long-Term Care | ||
Council shall
be composed of at least 18 but not more than 25 | ||
members concerned about the
quality of life in long-term care | ||
facilities and protecting the rights of
residents,
including | ||
members from long-term care facilities.
The State Long-Term | ||
Care Ombudsman shall be a permanent member of the
Long-Term | ||
Care Council.
Members
shall be appointed for a 4-year term | ||
with initial appointments staggered with
2-year, 3-year, and | ||
4-year terms. A lottery will determine the terms of office
for | ||
the
members of the first term. Members may be reappointed to a | ||
term but no
member may be reappointed to more than 2 |
consecutive terms. The Illinois
Long-Term Care Council shall | ||
meet a minimum of 3 times per calendar year.
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(f) Member requirements. All members shall be individuals | ||
who have
demonstrated concern about the quality of life in | ||
long-term care facilities. A
minimum of 3 members must be | ||
current or former residents of long-term care
facilities or | ||
the family member of a current or former resident of a | ||
long-term
care
facility. A minimum of 2 members shall | ||
represent current or former long-term
care
facility resident | ||
councils or family councils. A minimum of 4 members shall be
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selected from recommendations by organizations whose members | ||
consist of
long-term care facilities.
A representative of | ||
long-term care
facility employees must also be included as a | ||
member.
A minimum of 2 members shall be selected from | ||
recommendations of
membership-based senior advocacy groups or | ||
consumer organizations that engage
solely in
legal | ||
representation on behalf of residents and immediate families.
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There shall be
non-voting State agency members on the | ||
Long-Term Care Council from the
following agencies: (i) the
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Department of Veterans' Affairs; (ii) the Department of Human | ||
Services; (iii)
the
Department of Public Health; (iv) the | ||
Department on Aging; (v) the Department
of
Healthcare and | ||
Family Services; (vi) the Office of the Attorney General | ||
Illinois State Police Medicaid Fraud Control Unit; and
(vii)
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others as appropriate.
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(Source: P.A. 95-331, eff. 8-21-07.)
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Section 10. The Illinois Public Aid Code is amended by | ||
changing Sections 8A-7 and 12-4.41 as follows:
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(305 ILCS 5/8A-7) (from Ch. 23, par. 8A-7)
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Sec. 8A-7. Civil Remedies. (a) A person who receives | ||
financial aid by
means of a false statement, willful | ||
misrepresentation or by his failure
to notify the county | ||
department or local governmental unit, as the case
may be, of a | ||
change in his status as required by Sections 11-18 and 11-19,
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for the purpose of preventing the denial, cancellation or | ||
suspension of
his grant, or a variation in the amount thereof, | ||
or by other fraudulent
device, or a person who knowingly aids | ||
or abets any person in obtaining
financial aid for which he is | ||
not eligible, shall be answerable to the county
department or | ||
the local governmental unit, as the case may be, for refunding
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the entire amount of aid received. If the refund is not made, | ||
it shall be
recoverable in a civil action from the person who | ||
received the aid, or from
anyone who willfully aided such | ||
person to obtain the aid. If an act which
would be unlawful | ||
under Section 8A-2 is proven, the court may as a penalty
assess | ||
an additional sum of money, not to exceed the entire amount of | ||
aid
provided, against the recipient or against any person who | ||
willfully aided
the recipient. If assessed, the penalty shall | ||
be included in any judgment
entered for the aid received, and | ||
paid to the county department or the
local governmental unit, |
as the case may be. Upon entry of the judgment a
lien shall | ||
attach to all property and assets of such person until the
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judgment is satisfied.
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(b) Any person, firm, corporation, association, agency, | ||
institution or
other legal entity, other than an individual | ||
recipient, that willfully,
by means of a false statement or | ||
representation, or by concealment of any
material fact or by | ||
other fraudulent scheme or device on behalf of himself
or | ||
others, obtains or attempts to obtain benefits or payments | ||
under this
Code to which he or it is not entitled, or in a | ||
greater amount than that
to which he or it is entitled, shall | ||
be liable for repayment of any excess
benefits or payments | ||
received and, in addition to any other penalties provided
by | ||
law, civil penalties consisting of (1) the interest on the | ||
amount of
excess benefits or payments at the maximum legal | ||
rate in effect on the date
the payment was made to such person, | ||
firm, corporation, association, agency,
institution or other | ||
legal entity for the period from the date upon which
payment | ||
was made to the date upon which repayment is made to the State,
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(2) an amount not to exceed 3 times the amount of such excess | ||
benefits or
payments, and (3) the sum of $2,000 for each | ||
excessive claim for benefits
or payments. Upon entry of a | ||
judgment for repayment of any excess benefits
or payments, or | ||
for any civil penalties assessed by the court, a lien shall
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attach to all property and assets of such person, firm, | ||
corporation,
association, agency, institution or other legal |
entity until the judgment is satisfied.
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(c) Civil recoveries provided for in this Section may be | ||
recoverable in
court proceedings initiated by the Attorney | ||
General or, in actions
involving a local governmental unit, by | ||
the State's Attorney.
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(d) Any person who commits the offense of vendor fraud or | ||
recipient
fraud as defined in Section 8A-2 and Section 8A-3 of | ||
this Article shall
forfeit, according to the provisions
of | ||
this subsection, any monies, profits or proceeds, and any | ||
interest or
property which the sentencing court determines he | ||
has acquired or maintained,
directly or indirectly, in whole | ||
or in part as a result of such offense.
Such person shall also | ||
forfeit any interest in, securities of, claim against,
or | ||
contractual right of any kind which affords him a source of | ||
influence
over, any enterprise which he has established, | ||
operated, controlled, conducted,
or participated in | ||
conducting, where his relationship to or connection with
any | ||
such thing or activity directly or indirectly, in whole or in | ||
part,
is traceable to any thing or benefit which he has | ||
obtained or acquired through
vendor fraud or recipient fraud.
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Proceedings instituted pursuant to this subsection shall | ||
be subject to
and conducted in accordance with the following | ||
procedures:
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(1) The sentencing court shall, upon petition by the | ||
Attorney General
or State's Attorney at any time following | ||
sentencing, conduct a hearing
to determine whether any |
property or property interest is subject to forfeiture
under | ||
this subsection. At the forfeiture hearing the People shall | ||
have
the burden of establishing, by a preponderance of the | ||
evidence, that the
property or property interests are subject | ||
to such forfeiture.
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(2) In any action brought by the People of the State of | ||
Illinois under
this Section, in which any restraining order, | ||
injunction or prohibition or
any other action in connection | ||
with any property or interest subject to
forfeiture under this | ||
subsection is sought, the circuit court presiding
over the | ||
trial of the person charged with recipient fraud or
vendor | ||
fraud as defined in Sections 8A-2 or 8A-3 of this Article shall
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first determine whether there is probable cause to believe | ||
that the person
so charged has committed the offense of | ||
recipient fraud or
vendor fraud and whether the property or | ||
interest is subject to forfeiture
under this subsection. To | ||
make such a determination, prior to
entering any such order, | ||
the court shall conduct a hearing without a jury,
at which the | ||
People shall establish that there is (i) probable cause that
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the person so charged has committed the offense of recipient
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fraud or vendor fraud and (ii) probable cause that any | ||
property or interest
may be subject to forfeiture pursuant to | ||
this subsection. Such hearing may
be conducted simultaneously | ||
with a preliminary hearing, if the prosecution
is commenced by | ||
information or complaint, or by motion of the People at any
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stage in the proceedings. The court may accept a finding of |
probable cause
at a preliminary hearing following the filing | ||
of an information charging
the offense of recipient fraud or | ||
vendor fraud as defined in Sections 8A-2
or 8A-3 or the return | ||
of an indictment by a grand jury charging the offense
of | ||
recipient fraud or vendor fraud as defined in Sections 8A-2 or | ||
8A-3 of
this Article as sufficient evidence of probable cause | ||
as provided in item
(i) above. Upon such a finding, the circuit | ||
court shall enter such
restraining order, injunction or | ||
prohibition, or shall take such other
action in connection | ||
with any such property or other interest subject to
forfeiture | ||
under this Act as is necessary to insure that such property is
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not removed from the jurisdiction of the court, concealed, | ||
destroyed or
otherwise disposed of by the owner of that | ||
property or interest prior to a
forfeiture hearing under this | ||
subsection. The Attorney General or State's
Attorney shall | ||
file a certified copy of such restraining order, injunction
or | ||
other prohibition with the recorder of deeds or registrar of | ||
titles of
each county where any such property of the defendant | ||
may be located. No
such injunction, restraining order or other | ||
prohibition shall affect the
rights of any bonafide purchaser, | ||
mortgagee, judgement creditor or other
lien holder arising | ||
prior to the date of such filing. The court may, at
any time, | ||
upon verified petition by the defendant, conduct a hearing to
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determine whether all or portions of any such property or | ||
interest which
the court previously determined to be subject | ||
to forfeiture
or subject to any restraining order, injunction, |
or prohibition or other
action, should be released. The court | ||
may in its discretion release such
property to the defendant | ||
for good cause shown.
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(3) Upon conviction of a person under this Article, the | ||
court shall
authorize the Director of the Illinois State | ||
Police to seize
all property or other interest declared | ||
forfeited under this subsection upon
such terms and conditions | ||
as the court shall deem proper.
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(4) The Director of the Illinois State Police is
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authorized to sell all property forfeited and seized pursuant | ||
to this
subsection, unless such property is
required by law to | ||
be destroyed or is harmful to the public.
After the deduction | ||
of all requisite expenses of administration and
sale, the | ||
court shall order the Director to distribute to the Illinois
| ||
Department an amount from the proceeds of the forfeited | ||
property, or monies
forfeited or seized, which will satisfy | ||
any unsatisfied court order of
restitution entered pursuant to | ||
a conviction under this Article. If the
proceeds are less than | ||
the amount necessary to satisfy the order of
restitution, the | ||
Director shall distribute to the Illinois Department the
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entire amount of the remaining proceeds. The Director shall | ||
distribute any
remaining proceeds of such sale, along with any | ||
monies forfeited or seized,
in accordance with the following | ||
schedules:
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(a) 25% shall be distributed to the unit of local | ||
government whose
officers or employees conducted the |
investigation into recipient fraud or
vendor fraud and caused | ||
the arrest or arrests and prosecution leading to
the | ||
forfeiture. Amounts distributed to units of local government | ||
shall be
used solely for enforcement matters relating to | ||
detection, investigation or
prosecution of recipient fraud or | ||
vendor fraud as defined in Section 8A-2
or 8A-3 of this | ||
Article. Where the investigation, arrest or arrests leading to
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the prosecution and forfeiture is undertaken solely by the | ||
Office of the Attorney General Illinois State Police , the | ||
portion provided hereunder shall be paid
into the Medicaid | ||
Fraud and Abuse Prevention Fund, which is hereby created
in | ||
the State treasury. Monies from this fund shall be used by the
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Office of the Attorney General Illinois State Police for the | ||
furtherance of enforcement matters
relating to detection, | ||
investigation or prosecution of recipient fraud or
vendor | ||
fraud. Monies directed to this fund shall be used in addition | ||
to,
and not as a substitute for, funds annually appropriated | ||
to the Office of the Attorney General Illinois State Police | ||
for medicaid fraud enforcement.
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(b) 25% shall be distributed to the county in which the | ||
prosecution and
petition for forfeiture resulting in the | ||
forfeiture was instituted,
and deposited in a special fund in | ||
the county treasury
and appropriated to the State's Attorney | ||
for use solely in enforcement
matters relating to detection, | ||
investigation or prosecution of recipient
fraud or vendor | ||
fraud; however, if the Attorney General brought the
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prosecution resulting in the forfeiture, the portion provided | ||
hereunder
shall be paid into the Medicaid Fraud and Abuse | ||
Prevention Fund, to be used
by the Medicaid Fraud Control Unit | ||
of the Office of the Attorney General Illinois State Police
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for enforcement matters relating to detection, investigation | ||
or prosecution
of recipient fraud or vendor fraud. Where the | ||
Attorney General and a
State's Attorney have jointly | ||
participated in any portion of the
proceedings, 12.5% shall be | ||
distributed to the county in which the
prosecution resulting | ||
in the forfeiture was instituted, and used as
specified | ||
herein, and 12.5% shall be paid into the Medicaid Fraud and | ||
Abuse
Prevention Fund, and used as specified herein.
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(c) 50% shall be transmitted to the State Treasurer for | ||
deposit in the
General Revenue Fund.
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(Source: P.A. 102-538, eff. 8-20-21.)
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(305 ILCS 5/12-4.41)
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Sec. 12-4.41. Public Benefits Fraud Protection Task Force. | ||
(a) Purpose. The purpose of the Public Benefits Fraud | ||
Protection Task Force is to conduct a thorough review of the | ||
nature of public assistance fraud in the State of Illinois; to | ||
ascertain the feasibility of implementing a mechanism to | ||
determine the pervasiveness and frequency of public assistance | ||
fraud; to calculate the detriment of public assistance fraud | ||
to the financial status and socio-economic status of public | ||
aid recipients specifically and Illinois taxpayers generally; |
and to determine if more stringent penalties or compassionate | ||
procedures are necessary. | ||
(b) Definitions. As used in this Section: | ||
"Task Force" means the Public Benefits Fraud Protection | ||
Task Force. | ||
"Public assistance" or "public aid" includes, without | ||
limitation, Medicaid, TANF, the Illinois LINK Program, General | ||
Assistance, Transitional Assistance, the Supplemental | ||
Nutrition Assistance Program, and the Child Care Assistance | ||
Program. | ||
(c) The Public Benefits Fraud Protection Task Force. The | ||
Public Benefits Fraud Protection Task Force is created. The | ||
Task Force shall be composed of 17 members appointed as | ||
follows: | ||
(1) One member of the Illinois Senate appointed by the | ||
President of the Senate, who shall be co-chair to the Task | ||
Force; | ||
(2)
One member of the Illinois Senate appointed by the | ||
Senate Minority Leader; | ||
(3)
One member of the Illinois House of | ||
Representatives appointed by the Speaker of the House of | ||
Representatives, who shall be co-chair to the Task Force; | ||
(4)
One member of the Illinois House of | ||
Representatives appointed by the House Minority Leader; | ||
(5)
The following persons, or their designees: the | ||
Director of Public Health, the Director of Healthcare and |
Family Services, and the Secretary of Human Services; | ||
(6)
The Director of the Illinois Department on Aging, | ||
or his or her designee; | ||
(7) The Executive Inspector General appointed by the | ||
Governor, or his or her designee; | ||
(8)
The Inspector General of the Illinois Department | ||
of Human Services, or his or her designee; | ||
(9)
A representative from the Office of the Attorney | ||
General Illinois State Police Medicaid Fraud Control Unit; | ||
(10) Three persons, who are not currently employed by | ||
a State agency, appointed by the Secretary of Human | ||
Services, one of whom shall be a person with professional | ||
experience in child care issues, one of whom shall be a | ||
person with knowledge and experience in legal aid | ||
services, and one of whom shall be a person with knowledge | ||
and experience in poverty law; | ||
(11) The Attorney General, or his or her designee; | ||
(12) A representative of a union representing front | ||
line State employees who administer public benefits | ||
programs; and | ||
(13) A representative of a statewide business | ||
association. | ||
(d) Compensation and qualifications. Members shall serve | ||
without compensation and shall be adults and residents of | ||
Illinois. | ||
(e) Appointments. Appointments shall be made 90 days from |
the effective date of this amendatory Act of the 96th General | ||
Assembly. | ||
(f) Hearings. The Task Force shall solicit comments from | ||
stakeholders and hold public hearings before filing any report | ||
required by this Section. At the public hearings, the Task | ||
Force shall allow interested persons to present their views | ||
and comments. The Task Force shall submit all reports required | ||
by this Section to the Governor and the General Assembly. In | ||
addition to the reports required by this Section, the Task | ||
Force may provide, at its discretion, interim reports and | ||
recommendations. The Department of Human Services shall | ||
provide administrative support to the Task Force. | ||
(g) Task Force duties. The Task Force shall gather | ||
information and make recommendations relating to at least the | ||
following topics in relation to public assistance fraud: | ||
(1) Reviews of provider billing of public aid claims. | ||
(2) Reviews of recipient utilization of public aid. | ||
(3) Protocols for investigating recipient public aid
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fraud. | ||
(4) Protocols for investigating provider public aid
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fraud. | ||
(5) Reporting of alleged fraud by private citizens
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through qui tam actions. | ||
(6) Examination of current fraud prevention measures
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which may hinder legitimate aid claims. | ||
(7) Coordination between relevant agencies in fraud
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investigation. | ||
(8) Financial audit of the current costs borne by aid
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recipients and Illinois government through fraud. | ||
(9) Examination of enhanced penalties for fraudulent
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recipients and providers. | ||
(10) Enhanced whistleblower protections. | ||
(11) Voluntary assistance from businesses and | ||
community groups in efforts to curb fraud. | ||
(h) Task Force recommendations. Any of the findings, | ||
recommendations, public postings, and other relevant | ||
information regarding the Task Force shall be made available | ||
on the Department of Human Services' website. | ||
(i) Reporting requirements. The Task Force shall submit | ||
findings and recommendations to the Governor and the General | ||
Assembly by December 31, 2011, including any necessary | ||
implementing legislation, and recommendations for changes to | ||
policies, rules, or procedures that are not incorporated in | ||
the implementing legislation. | ||
(j) Dissolution of Task Force. The Task Force shall be | ||
dissolved 90 days after its report has been submitted to the | ||
Governor's Office and the General Assembly.
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(Source: P.A. 96-1346, eff. 1-1-11; 97-333, eff. 8-12-11.)
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Section 15. The Illinois False Claims Act is amended by | ||
changing Sections 2, 4, 6, and 8 as follows:
|
(740 ILCS 175/2) (from Ch. 127, par. 4102)
| ||
Sec. 2. Definitions. As used in this Act:
| ||
(a) "State" means the State of Illinois; any agency of | ||
State
government; the system of State colleges and | ||
universities, any school district, community college district, | ||
county, municipality, municipal corporation, unit of local | ||
government, and any combination of the above under an | ||
intergovernmental agreement that includes provisions for a | ||
governing body of the agency created by the agreement.
| ||
(b) "Guard" means the Illinois National Guard.
| ||
(c) "Investigation" means any inquiry conducted by any | ||
investigator for
the purpose of ascertaining whether any | ||
person is or has been engaged in
any violation of this Act.
| ||
(d) "Investigator" means a person who is charged by the | ||
Attorney General or the Illinois State Police with the duty of | ||
conducting any investigation under this Act, or
any officer or | ||
employee of the State acting under the direction and
| ||
supervision of the Attorney General or the Illinois State | ||
Police , in the course of
an investigation.
| ||
(e) "Documentary material" includes the original or any | ||
copy of any
book, record, report, memorandum, paper, | ||
communication, tabulation,
chart, or other document, or data | ||
compilations stored in or accessible
through computer or other | ||
information retrieval systems, together with
instructions and | ||
all other materials necessary to use or interpret such
data | ||
compilations, and any product of discovery.
|
(f) "Custodian" means the custodian, or any deputy | ||
custodian, designated
by the Attorney General under subsection | ||
(i)(1) of Section 6.
| ||
(g) "Product of discovery" includes:
| ||
(1) the original or duplicate of any deposition, | ||
interrogatory,
document, thing, result of the inspection | ||
of land or other property,
examination, or admission, | ||
which is obtained by any method of discovery in
any | ||
judicial or administrative proceeding of an adversarial | ||
nature;
| ||
(2) any digest, analysis, selection, compilation, or | ||
derivation of any
item listed in paragraph (1); and
| ||
(3) any index or other manner of access to any item | ||
listed in
paragraph (1).
| ||
(Source: P.A. 102-538, eff. 8-20-21.)
| ||
(740 ILCS 175/4) (from Ch. 127, par. 4104)
| ||
Sec. 4. Civil actions for false claims.
| ||
(a) Responsibilities of the Attorney General and the | ||
Illinois State Police . The Attorney General or the Illinois | ||
State Police shall diligently investigate
a civil violation | ||
under Section 3. If the Attorney General finds that a person | ||
violated or is violating Section 3, the Attorney General may | ||
bring a civil action under this Section
against the person.
| ||
The State shall receive an amount for reasonable expenses | ||
that the court finds to have been necessarily incurred by the |
Attorney General, including reasonable attorneys' fees and | ||
costs. All such expenses, fees, and costs shall be awarded | ||
against the defendant. The court may award amounts from the | ||
proceeds of an action or settlement that it considers | ||
appropriate to any governmental entity or program that has | ||
been adversely affected by a defendant. The Attorney General, | ||
if necessary, shall direct the State Treasurer to make a | ||
disbursement of funds as provided in court orders or | ||
settlement agreements. | ||
(b) Actions by private persons.
| ||
(1) A person may bring a civil action
for a violation | ||
of Section 3 for the person and for the State. The action
| ||
shall be brought in the name of the State. The action may | ||
be dismissed
only if the court and the Attorney General | ||
give written consent to the
dismissal and their reasons | ||
for consenting.
| ||
(2) A copy of the complaint and written disclosure of | ||
substantially all
material evidence and information the | ||
person possesses shall be served on
the State. The | ||
complaint shall be filed in camera, shall remain under | ||
seal
for at least 60 days, and shall not be served on the | ||
defendant until the
court so orders. The State may elect | ||
to intervene and proceed with the
action within 60 days | ||
after it receives both the complaint and the material
| ||
evidence and information.
| ||
(3) The State may, for good cause shown, move the |
court for extensions
of the time during which the | ||
complaint remains under seal under paragraph
(2). Any such | ||
motions may be supported by affidavits or other | ||
submissions
in camera. The defendant shall not be required | ||
to respond to any complaint
filed under this Section until | ||
20 days after the complaint is unsealed and
served upon | ||
the defendant.
| ||
(4) Before the expiration of the 60-day period or any | ||
extensions
obtained under paragraph (3), the State shall:
| ||
(A) proceed with the action, in which case the | ||
action shall be
conducted by the State; or
| ||
(B) notify the court that it declines to take over | ||
the action, in which
case the person bringing the | ||
action shall have the right to conduct the action.
| ||
(5) When a person brings an action under this | ||
subsection (b), no person
other than the State may | ||
intervene or bring a related action based on the
facts | ||
underlying the pending action.
| ||
(c) Rights of the parties to Qui Tam actions.
| ||
(1) If the State proceeds
with the action, it shall | ||
have the primary responsibility for prosecuting
the | ||
action, and shall not be bound by an act of the person | ||
bringing the
action. Such person shall have the right to | ||
continue as a party to the
action, subject to the | ||
limitations set forth in paragraph (2).
| ||
(2)(A) The State may dismiss the action |
notwithstanding the objections
of the person initiating | ||
the action if the person has been notified by the
State of | ||
the filing of the motion and the court has provided the | ||
person
with an opportunity for a hearing on the motion.
| ||
(B) The State may settle the action with the defendant | ||
notwithstanding
the objections of the person initiating | ||
the action if the court determines,
after a hearing, that | ||
the proposed settlement is fair, adequate, and reasonable
| ||
under all the circumstances. Upon a showing of good cause, | ||
such hearing
may be held in camera.
| ||
(C) Upon a showing by the State that unrestricted | ||
participation during
the course of the litigation by the | ||
person initiating the action would
interfere with or | ||
unduly delay the State's prosecution of the case, or
would | ||
be repetitious, irrelevant, or for purposes of harassment, | ||
the court
may, in its discretion, impose limitations on | ||
the person's participation,
such as:
| ||
(i) limiting the number of witnesses the person | ||
may call:
| ||
(ii) limiting the length of the testimony of such | ||
witnesses;
| ||
(iii) limiting the person's cross-examination of | ||
witnesses; or
| ||
(iv) otherwise limiting the participation by the | ||
person in the
litigation.
| ||
(D) Upon a showing by the defendant that unrestricted |
participation
during
the course of the litigation by the | ||
person initiating the action would be
for purposes of | ||
harassment or would cause the defendant undue burden or
| ||
unnecessary expense, the court may limit the participation | ||
by the person in
the litigation.
| ||
(3) If the State elects not to proceed with the | ||
action, the person who
initiated the action shall have the | ||
right to conduct the action. If the
State so requests, it | ||
shall be served with copies of all pleadings filed in
the | ||
action and shall be supplied with copies of all deposition | ||
transcripts
(at the State's expense). When a person | ||
proceeds with the action, the
court, without limiting the | ||
status and rights of the person initiating the
action, may | ||
nevertheless permit the State to intervene at a later date | ||
upon
a showing of good cause.
| ||
(4) Whether or not the State proceeds with the action, | ||
upon a showing by
the State that certain actions of | ||
discovery by the person initiating the
action would | ||
interfere with the State's investigation or prosecution of | ||
a
criminal or civil matter arising out of the same facts, | ||
the court may stay
such discovery for a period of not more | ||
than 60 days. Such a showing shall
be conducted in camera. | ||
The court may extend the 60-day period upon a
further | ||
showing in camera that the State has pursued the criminal | ||
or civil
investigation or proceedings with reasonable | ||
diligence and any proposed
discovery in the civil action |
will interfere with the ongoing criminal or
civil | ||
investigation or proceedings.
| ||
(5) Notwithstanding subsection (b), the State may | ||
elect to pursue its
claim through any alternate remedy | ||
available to the State, including any
administrative | ||
proceeding to determine a civil money penalty. If any such
| ||
alternate remedy is pursued in another proceeding, the | ||
person initiating
the action shall have the same rights in | ||
such proceeding as such person
would have had if the | ||
action had continued under this Section. Any finding
of | ||
fact or conclusion of law made in such other proceeding | ||
that has become
final shall be conclusive on all parties | ||
to an action under this Section.
For purposes of the | ||
preceding sentence, a finding or conclusion is final if
it | ||
has been finally determined on appeal to the appropriate | ||
court, if all
time for filing such an appeal with respect | ||
to the finding or conclusion
has expired, or if the | ||
finding or conclusion is not subject to judicial review.
| ||
(d) Award to Qui Tam plaintiff.
| ||
(1) If the State proceeds with an
action brought by a | ||
person under subsection (b), such person shall, subject
to | ||
the second sentence of this paragraph, receive at least | ||
15% but not more
than 25% of the proceeds of the action or | ||
settlement of the claim,
depending upon the extent to | ||
which the person substantially contributed to
the | ||
prosecution of the action. Where the action is one which |
the court
finds to be based primarily on disclosures of | ||
specific information (other
than information provided by | ||
the person bringing the action) relating to
allegations or | ||
transactions in a criminal, civil, or administrative
| ||
hearing, in a legislative, administrative, or Auditor | ||
General's report,
hearing, audit, or investigation, or | ||
from the news media, the court may award
such sums as it | ||
considers appropriate, but in no case more than 10% of the
| ||
proceeds, taking into account the significance of the | ||
information and the
role of the person bringing the action | ||
in advancing the case to litigation.
Any payment to a | ||
person under the first or second sentence of this
| ||
paragraph (1) shall be made from the proceeds. Any such | ||
person shall also
receive an amount for reasonable | ||
expenses which the court finds to have
been necessarily | ||
incurred, plus reasonable attorneys' fees and costs.
The | ||
State shall also receive an amount for reasonable expenses | ||
which the
court finds to have been necessarily incurred by | ||
the Attorney General,
including reasonable attorneys' fees | ||
and costs. All such expenses, fees, and costs shall be | ||
awarded
against the defendant. The court may award amounts | ||
from the proceeds of an action or settlement that it | ||
considers appropriate to any governmental entity or | ||
program that has been adversely affected by a defendant. | ||
The Attorney General, if necessary, shall direct the State | ||
Treasurer to make a disbursement of funds as provided in |
court orders or settlement agreements.
| ||
(2) If the State does not proceed with an action under | ||
this Section, the
person bringing the action or settling | ||
the claim shall receive an amount
which the court decides | ||
is reasonable for collecting the civil penalty and
| ||
damages. The amount shall be not less than 25% and not more | ||
than 30% of
the proceeds of the action or settlement and | ||
shall be paid out of such
proceeds. Such person shall also | ||
receive an amount for reasonable expenses
which the court | ||
finds to have been necessarily incurred, plus reasonable
| ||
attorneys' fees and costs. All such expenses, fees, and | ||
costs shall be
awarded against the defendant. The court | ||
may award amounts from the proceeds of an action or | ||
settlement that it considers appropriate to any | ||
governmental entity or program that has been adversely | ||
affected by a defendant. The Attorney General, if | ||
necessary, shall direct the State Treasurer to make a | ||
disbursement of funds as provided in court orders or | ||
settlement agreements.
| ||
(3) Whether or not the State proceeds with the action, | ||
if the court finds
that the action was brought by a person | ||
who planned and initiated the violation
of Section 3 upon | ||
which the action was brought, then the court may, to the
| ||
extent the court considers appropriate, reduce the share | ||
of the proceeds of
the action which the person would | ||
otherwise receive under paragraph (1) or
(2) of this |
subsection (d), taking into account the role of that | ||
person in
advancing the case to litigation and any | ||
relevant circumstances pertaining
to the violation. If the | ||
person bringing the action is convicted of
criminal | ||
conduct arising from his or her role in the violation of | ||
Section
3, that person shall be dismissed from the civil | ||
action and shall not
receive any share of the proceeds of | ||
the action. Such dismissal shall not
prejudice the right | ||
of the State to continue the action, represented by the | ||
Attorney General.
| ||
(4) If the State does not proceed with the action and | ||
the person
bringing the action conducts the action, the | ||
court may award to the
defendant its reasonable attorneys' | ||
fees and expenses if the defendant
prevails in the action | ||
and the court finds that the claim of the person
bringing | ||
the action was clearly frivolous, clearly vexatious, or | ||
brought
primarily for purposes of harassment.
| ||
(e) Certain actions barred.
| ||
(1) No court shall have jurisdiction over an
action | ||
brought by a former or present member of the Guard under | ||
subsection
(b) of this Section against a member of the | ||
Guard arising out of such
person's service in the Guard.
| ||
(2)(A) No court shall have jurisdiction over an action | ||
brought under
subsection (b) against a member of the | ||
General Assembly, a member of the
judiciary, or an exempt | ||
official if the action is based on evidence or
information |
known to the State when the action was brought.
| ||
(B) For purposes of this paragraph (2), "exempt | ||
official" means any of
the following officials in State | ||
service: directors of departments
established under the | ||
Civil Administrative Code of Illinois, the Adjutant
| ||
General, the Assistant Adjutant General, the Director of | ||
the State
Emergency Services and Disaster Agency, members | ||
of the boards and
commissions, and all other positions | ||
appointed by the Governor by and with
the consent of the | ||
Senate.
| ||
(3) In no event may a person bring an action under | ||
subsection (b) which
is based upon allegations or | ||
transactions which are the subject of a civil
suit or an | ||
administrative civil money penalty proceeding in which the | ||
State
is already a party.
| ||
(4)(A) The court shall dismiss an action or claim | ||
under this Section, unless opposed by the State, if | ||
substantially the same allegations or transactions as | ||
alleged in the action or claim were publicly disclosed: | ||
(i) in a
criminal, civil, or administrative | ||
hearing in which the State or its agent is a party; | ||
(ii) in a State legislative, State
Auditor | ||
General, or other State report, hearing, audit, or
| ||
investigation; or | ||
(iii) from the news media, | ||
unless the action is brought by the
Attorney General or |
the person bringing the action is an original source of
| ||
the information.
| ||
(B) For purposes of this paragraph (4), "original | ||
source" means an
individual who either (i) prior to a | ||
public disclosure under subparagraph (A) of this paragraph | ||
(4), has voluntarily disclosed to the State the | ||
information on which allegations or transactions in a | ||
claim are based, or (ii) has knowledge that is independent | ||
of and materially adds to the publicly disclosed | ||
allegations or transactions, and who has voluntarily | ||
provided the
information to the State before filing an | ||
action under this Section.
| ||
(f) State not liable for certain expenses. The State is | ||
not liable for
expenses which a person incurs in bringing an | ||
action under this Section.
| ||
(g) Relief from retaliatory actions. | ||
(1) In general, any employee, contractor, or agent | ||
shall be entitled to all relief necessary to make that | ||
employee, contractor, or agent whole, if that employee, | ||
contractor, or agent is discharged, demoted, suspended, | ||
threatened,
harassed, or in any other manner discriminated | ||
against in the terms and
conditions of employment because | ||
of lawful acts done
by the employee, contractor, agent, or | ||
associated others in furtherance of an action under this | ||
Section or other efforts to stop one or more violations of | ||
this Act. |
(2) Relief under paragraph (1) shall include | ||
reinstatement with the same seniority status that the | ||
employee, contractor, or agent
would have had but for the | ||
discrimination, 2 times the amount of back pay,
interest | ||
on the back pay, and compensation for any special damages | ||
sustained
as a result of the discrimination, including | ||
litigation costs and
reasonable attorneys' fees. An action | ||
under this subsection (g) may be brought in the
| ||
appropriate circuit court for the relief provided in this | ||
subsection (g). | ||
(3) A civil action under this subsection may not be | ||
brought more than 3 years after the date when the | ||
retaliation occurred.
| ||
(Source: P.A. 102-538, eff. 8-20-21.)
| ||
(740 ILCS 175/6) (from Ch. 127, par. 4106)
| ||
Sec. 6. Subpoenas.
| ||
(a) In general.
| ||
(1) Issuance and service. Whenever the Attorney
| ||
General , or a designee (for purposes of this Section), has | ||
reason to believe that any person may be in possession,
| ||
custody, or control of any documentary material or | ||
information relevant to
an investigation, the Attorney | ||
General , or a designee, may, before commencing a civil
| ||
proceeding under this Act or making an election under | ||
paragraph (4) of subsection (b) of Section 4, issue in |
writing and cause to be served upon
such person, a | ||
subpoena requiring such
person:
| ||
(A) to produce such documentary material for | ||
inspection and copying,
| ||
(B) to answer, in writing, written interrogatories | ||
with respect to such
documentary material or | ||
information,
| ||
(C) to give oral testimony concerning such | ||
documentary material
or information, or
| ||
(D) to furnish any combination of such material, | ||
answers, or testimony.
| ||
The Attorney General may delegate the authority to issue
| ||
subpoenas under this subsection (a) to the Department of | ||
State
Police subject to conditions as the Attorney General | ||
deems appropriate .
Whenever a subpoena is an express | ||
demand for
any
product of discovery, the Attorney General | ||
or his or her delegate shall cause to be served,
in any | ||
manner authorized by this Section, a copy of such demand | ||
upon the
person from whom the discovery was obtained and | ||
shall notify the person to
whom such demand is issued of | ||
the date on which such copy was served. Any information | ||
obtained by the Attorney General or a designee under this | ||
Section may be shared with any qui tam relator if the | ||
Attorney General or designee determines it necessary as | ||
part of any False Claims Act investigation.
| ||
(1.5) Where a subpoena requires the production of |
documentary material, the respondent shall produce the | ||
original of the documentary material, provided, however, | ||
that the Attorney General , or a designee, may agree that | ||
copies may be substituted for the originals. All | ||
documentary material kept or stored in electronic form, | ||
including electronic mail, shall be produced in native | ||
format, as kept in the normal course of business, or as | ||
otherwise directed by the Attorney General or designee . | ||
The production of documentary material shall be made at | ||
the respondent's expense.
| ||
(2) Contents and deadlines. Each subpoena
issued under | ||
paragraph (1):
| ||
(A) Shall state the nature of the conduct | ||
constituting an alleged
violation that is under | ||
investigation and the applicable provision of
law | ||
alleged to be violated.
| ||
(B) Shall identify the individual causing the | ||
subpoena to be
served and to whom communications | ||
regarding the subpoena should be
directed.
| ||
(C) Shall state the date, place, and time at which | ||
the person is
required to appear, produce written | ||
answers to interrogatories, produce
documentary | ||
material or give oral testimony. The date shall not be
| ||
less than 10 days from the date of service of the | ||
subpoena. Compliance
with the subpoena shall be at the | ||
Office of the Attorney General in
either the |
Springfield or Chicago location or at other location | ||
by
agreement.
| ||
(D) If the subpoena is for documentary material or | ||
interrogatories,
shall
describe the documents or | ||
information requested with specificity.
| ||
(E) Shall notify the person of the right to be | ||
assisted by
counsel.
| ||
(F) Shall advise that the person has 20 days from | ||
the date of
service or up until the return date | ||
specified in the demand, whichever
date is earlier, to | ||
move, modify, or set aside the subpoena pursuant to
| ||
subparagraph (j)(2)(A) of this Section.
| ||
(b) Protected material or information.
| ||
(1) In general. A subpoena issued
under subsection
(a) | ||
may not require the production of any documentary | ||
material, the
submission of any answers to written | ||
interrogatories, or the giving of any
oral testimony if | ||
such material, answers, or testimony would be protected
| ||
from disclosure under:
| ||
(A) the standards applicable to subpoenas or | ||
subpoenas duces tecum
issued by a court of this State | ||
to aid in a grand jury
investigation; or
| ||
(B) the standards applicable to discovery requests | ||
under the Code of
Civil Procedure, to the extent that | ||
the application of such standards to
any such subpoena | ||
is appropriate and consistent with the
provisions and
|
purposes of this Section.
| ||
(2) Effect on other orders, rules, and laws. Any such | ||
subpoena which is
an express demand for any product of | ||
discovery supersedes any inconsistent
order, rule, or | ||
provision of law (other than this Section) preventing or
| ||
restraining disclosure of such product of discovery to any | ||
person.
Disclosure of any product of discovery pursuant to | ||
any such
subpoena
does not constitute a waiver of any | ||
right or privilege which the person
making such disclosure | ||
may be entitled to invoke to resist
discovery of trial | ||
preparation materials.
| ||
(c) Service in general. Any
subpoena issued under
| ||
subsection (a) may be served by any person so authorized by the | ||
Attorney
General or by any person authorized
to serve process | ||
on individuals within Illinois, through any method
prescribed | ||
in the Code of Civil Procedure or as otherwise set forth in | ||
this
Act.
| ||
(d) Service upon legal entities and natural persons.
| ||
(1) Legal entities. Service of any subpoena issued
| ||
under subsection (a) or of any petition filed under | ||
subsection (j) may be
made upon a partnership, | ||
corporation, association, or other legal entity by:
| ||
(A) delivering an executed copy of such subpoena | ||
or
petition to any
partner, executive officer, | ||
managing agent, general agent, or registered
agent of | ||
the partnership, corporation, association or entity;
|
(B) delivering an executed copy of such subpoena | ||
or
petition to the
principal office or place of | ||
business of the partnership, corporation,
association, | ||
or entity; or
| ||
(C) depositing an executed copy of such subpoena | ||
or
petition in the
United States mails by registered | ||
or certified mail, with a return receipt
requested, | ||
addressed to such partnership, corporation, | ||
association, or
entity as its principal office or | ||
place of business.
| ||
(2) Natural person. Service of any such subpoena or
| ||
petition may be made
upon any natural person by:
| ||
(A) delivering an executed copy of such subpoena | ||
or
petition to the
person; or
| ||
(B) depositing an executed copy of such subpoena | ||
or
petition in the
United States mails by registered | ||
or certified mail, with a return receipt
requested, | ||
addressed to the person at the person's residence or | ||
principal
office or place of business.
| ||
(e) Proof of service. A verified return by the individual | ||
serving any
subpoena issued under subsection (a) or any
| ||
petition
filed under subsection (j) setting forth the manner | ||
of such service shall
be proof of such service. In the case of | ||
service by registered or certified
mail, such return shall be | ||
accompanied by the return post office receipt of
delivery of | ||
such subpoena.
|
(f) Documentary material.
| ||
(1) Sworn certificates. The production of documentary | ||
material in
response to a subpoena served under this
| ||
Section shall be
made under a sworn certificate, in such | ||
form as the subpoena
designates, by:
| ||
(A) in the case of a natural person, the person to | ||
whom the subpoena is
directed, or
| ||
(B) in the case of a person other than a natural | ||
person, a person
having knowledge of the facts and | ||
circumstances relating to such
production and | ||
authorized to act on behalf of such person.
| ||
The certificate shall state that all of the documentary | ||
material required
by the demand and in the possession, | ||
custody, or control of the person to
whom the subpoena is | ||
directed has been produced and made
available to the
| ||
Attorney General.
| ||
(2) Production of materials. Any person upon whom any | ||
subpoena for the production of documentary material has | ||
been
served under this Section shall make such material | ||
available for inspection
and copying to the Attorney | ||
General at
the place designated in the subpoena, or at | ||
such other place as the
Attorney General and the person | ||
thereafter may agree and
prescribe in writing,
or as the | ||
court may direct under subsection (j)(1). Such material | ||
shall be
made so available on the return date specified in | ||
such subpoena,
or on such
later date as the Attorney |
General may prescribe in
writing. Such person may,
upon | ||
written agreement between the person and the Attorney | ||
General, substitute
copies for originals of all or any | ||
part of such material.
| ||
(g) Interrogatories. Each interrogatory in a subpoena
| ||
served under this Section shall be answered separately and | ||
fully in writing
under oath and shall be submitted under a | ||
sworn certificate, in such form
as the subpoena designates by:
| ||
(1) in the case of a natural person, the person to whom | ||
the subpoena is
directed, or
| ||
(2) in the case of a person other than a natural | ||
person, the person or
persons responsible for answering | ||
each interrogatory.
| ||
If any interrogatory is objected to, the reasons for the | ||
objection shall
be stated in the certificate instead of an | ||
answer. The certificate shall state
that all information | ||
required by the subpoena and in the
possession, custody,
| ||
control, or knowledge of the person to whom the demand is | ||
directed has been
submitted. To the extent that any | ||
information is not furnished, the
information shall be | ||
identified and reasons set forth with particularity
regarding | ||
the reasons why the information was not furnished.
| ||
(h) Oral examinations.
| ||
(1) Procedures. The examination of any person pursuant | ||
to a subpoena for oral testimony served under this Section | ||
shall be
taken before an officer authorized to administer |
oaths and affirmations by
the laws of this State or of the | ||
place where the examination is held. The
officer before | ||
whom the testimony is to be taken shall put the witness on
| ||
oath or affirmation and shall, personally or by someone | ||
acting under the
direction of the officer and in the | ||
officer's presence, record the testimony
of the witness. | ||
The testimony shall be taken stenographically and shall be
| ||
transcribed. When the testimony is fully transcribed, the | ||
officer before
whom the testimony is taken shall promptly | ||
transmit a certified copy of the
transcript of the | ||
testimony in accordance with the instructions of the
| ||
Attorney General. This subsection shall not
preclude the | ||
taking of testimony by any means authorized by, and in a
| ||
manner consistent with, the Code of Civil Procedure.
| ||
(2) Persons present. The investigator conducting the | ||
examination shall
exclude from the place where the | ||
examination is held all persons except the
person giving | ||
the testimony, the attorney for and any other | ||
representative of
the person giving the testimony, the | ||
attorney for the State, any person who may
be agreed upon | ||
by the attorney for the State and the person giving the
| ||
testimony, the officer before whom the testimony is to be | ||
taken, and any
stenographer taking such testimony.
| ||
(3) Where testimony taken. The oral testimony of any | ||
person taken
pursuant to a subpoena served under this
| ||
Section shall be
taken in the county within which such |
person resides, is found, or transacts
business, or in | ||
such other place as may be
agreed upon by the
Attorney | ||
General and such
person.
| ||
(4) Transcript of testimony. When the testimony is | ||
fully transcribed,
the Attorney General or the officer | ||
before whom the
testimony is taken shall
afford the | ||
witness, who may be accompanied by counsel, a reasonable
| ||
opportunity to review and correct the transcript, in
| ||
accordance with the rules applicable to deposition | ||
witnesses in
civil cases. Upon payment of reasonable | ||
charges, the Attorney General
shall furnish a copy of the | ||
transcript to the witness, except that the
Attorney | ||
General may, for good cause, limit the witness to | ||
inspection
of the official transcript of the witness' | ||
testimony.
| ||
(5) Conduct of oral testimony.
| ||
(A) Any person compelled to appear for oral | ||
testimony under a
subpoena issued under subsection (a) | ||
may be accompanied,
represented, and advised by | ||
counsel, who may raise objections based on
matters of | ||
privilege in accordance with the rules applicable to | ||
depositions in
civil cases. If such person refuses
to | ||
answer any question, a petition may be filed in | ||
circuit court under
subsection (j)(1) for an order | ||
compelling such person to answer such question.
| ||
(B) If such person refuses any question on the |
grounds of the
privilege against self-incrimination, | ||
the testimony of such person may be
compelled in | ||
accordance with Article 106 of the Code of Criminal | ||
Procedure of
1963.
| ||
(6) Witness fees and allowances. Any person appearing | ||
for oral
testimony under a subpoena issued under
| ||
subsection (a)
shall be entitled to the same fees and | ||
allowances which are paid to
witnesses in the circuit | ||
court.
| ||
(i) Custodians of documents, answers, and transcripts.
| ||
(1) Designation. The Attorney General or his or her | ||
delegate shall serve as custodian of documentary material, | ||
answers to
interrogatories, and transcripts of oral | ||
testimony received under this
Section.
| ||
(2) Except as otherwise provided in this Section, no
| ||
documentary
material, answers to interrogatories, or | ||
transcripts of oral testimony, or
copies thereof, while in | ||
the possession of the custodian, shall be
available for | ||
examination by any individual, except as determined | ||
necessary
by
the Attorney General and subject to the | ||
conditions imposed by him or her for
effective enforcement | ||
of the laws of this State, or as otherwise provided by
| ||
court order.
| ||
(3) Conditions for return of material. If any | ||
documentary
material has
been produced by any person in | ||
the course of any investigation pursuant to
a subpoena |
under this Section and:
| ||
(A) any case or proceeding before the court or | ||
grand jury arising out of
such investigation, or any | ||
proceeding before any State agency involving
such | ||
material, has been completed, or
| ||
(B) no case or proceeding in which such material | ||
may be used has been
commenced within a reasonable | ||
time after completion of the examination and
analysis | ||
of all documentary material and other information | ||
assembled in the
course of such investigation,
| ||
the custodian shall, upon written request of the person | ||
who produced such
material, return to such person any such | ||
material which has not passed into the
control of any | ||
court, grand jury, or agency through introduction into the
| ||
record of such case or proceeding.
| ||
(j) Judicial proceedings.
| ||
(1) Petition for enforcement. Whenever any
person | ||
fails to comply with any subpoena
issued under
subsection | ||
(a), or whenever satisfactory copying or reproduction of | ||
any
material requested in such demand cannot be done and | ||
such person refuses to
surrender such material, the | ||
Attorney General may file, in the circuit
court of any | ||
county in which such person resides, is found, or | ||
transacts
business, or the circuit court of the county in | ||
which an action filed
pursuant to Section 4 of this Act is | ||
pending if the action relates to the
subject matter of the |
subpoena and serve upon such person a petition for an
| ||
order of such court
for the enforcement of the subpoena.
| ||
(2) Petition to modify or set aside subpoena.
| ||
(A) Any person who has
received a subpoena issued | ||
under subsection
(a) may
file, in the circuit court of | ||
any county within which such person resides,
is found, | ||
or transacts business, and serve upon the Attorney | ||
General a petition for an order of the court to modify | ||
or set aside
such subpoena. In the case of a petition | ||
addressed to an express
demand for
any product of | ||
discovery, a petition to modify or set aside such | ||
demand
may be brought only in the circuit court of the | ||
county in which the
proceeding in which such discovery | ||
was obtained is or was last pending. Any
petition | ||
under this subparagraph (A) must be filed:
| ||
(i) within 20 days after the date of service | ||
of the subpoena, or at any time before the return | ||
date specified in
the subpoena, whichever date is | ||
earlier, or
| ||
(ii) within such longer period as may be | ||
prescribed in writing by
the Attorney General.
| ||
(B) The petition shall specify each ground upon | ||
which the petitioner
relies in seeking relief under | ||
subparagraph (A), and may be based upon any
failure of | ||
the subpoena to comply with the provisions of this
| ||
Section or upon
any constitutional or other legal |
right or privilege of such person. During
the pendency | ||
of the petition in the court, the court may stay, as it | ||
deems
proper, the running of the time allowed for | ||
compliance with the subpoena, in
whole or in part, | ||
except that the person filing the petition shall | ||
comply
with any portion of the subpoena not sought to | ||
be modified or
set aside.
| ||
(3) Petition to modify or set aside demand for product | ||
of
discovery. In the case of any subpoena issued under
| ||
subsection (a)
which is an express demand for any product | ||
of discovery, the person from
whom such discovery was | ||
obtained may file, in the circuit court of the
county in | ||
which the proceeding in which such discovery was obtained | ||
is or
was last pending, a petition for an order of such | ||
court
to modify or set aside those portions of the | ||
subpoena requiring
production of
any such product of | ||
discovery, subject to the same terms, conditions, and
| ||
limitations set forth in subparagraph (j)(2) of this | ||
Section.
| ||
(4) Jurisdiction. Whenever any petition is filed in | ||
any
circuit court
under this subsection (j), such court | ||
shall have jurisdiction to hear and
determine the matter | ||
so presented, and to enter such orders as may
be required | ||
to carry out the provisions of this Section. Any final | ||
order so
entered shall be subject to appeal in the same | ||
manner as appeals of other
final orders in civil matters. |
Any disobedience of any final order entered
under this | ||
Section by any court shall be punished as a contempt of the | ||
court.
| ||
(k) Disclosure exemption. Any documentary material, | ||
answers to written
interrogatories, or oral testimony provided | ||
under any subpoena issued under subsection (a) shall be exempt | ||
from disclosure under
the Illinois Administrative Procedure | ||
Act.
| ||
(Source: P.A. 96-1304, eff. 7-27-10.)
| ||
(740 ILCS 175/8) (from Ch. 127, par. 4108)
| ||
Sec. 8. Funds; Grants.
| ||
(a) There is hereby created the State Whistleblower Reward | ||
and Protection
Fund to be held outside of the State Treasury | ||
with the State Treasurer as custodian. All proceeds of an | ||
action or
settlement of a claim brought under this Act shall be | ||
deposited in the Fund. Any attorneys' fees, expenses, and | ||
costs paid by or awarded against any defendant pursuant to | ||
Section 4 of this Act shall not be considered part of the | ||
proceeds to be deposited in the Fund.
| ||
(b) For all cases resolved before October 1, 2023, monies | ||
Monies in the Fund shall be allocated as
follows: One-sixth of | ||
the monies shall be paid to the Attorney General Whistleblower | ||
Reward and Protection Fund, which is hereby created as a | ||
special fund in the State Treasury, and
one-sixth of the | ||
monies shall be paid to the State Police Whistleblower Reward |
and Protection Fund, which is hereby created as a special fund | ||
in the State Treasury, for
State law enforcement purposes. The | ||
remaining two-thirds of the monies in
the Fund shall be used | ||
for payment of awards to Qui Tam
plaintiffs and as otherwise | ||
specified in
this Act, with any remainder to the General | ||
Revenue Fund. The Attorney General shall direct the State | ||
Treasurer to make
disbursement of funds.
| ||
(c) For all cases resolved on or after October 1, 2023, | ||
monies in the Fund shall be allocated as
follows: One-third of | ||
the monies shall be paid to the Attorney General Whistleblower | ||
Reward and Protection Fund. The remaining two-thirds of the | ||
monies in
the Fund shall be used for payment of awards to Qui | ||
Tam
plaintiffs and as otherwise specified in
this Act, with | ||
any remainder to the General Revenue Fund. The Attorney | ||
General shall direct the State Treasurer to make
disbursement | ||
of funds. | ||
(Source: P.A. 101-148, eff. 7-26-19.)
| ||
Section 99. Effective date. This Act takes effect October | ||
1, 2023. |