Public Act 096-0003
 		





HB1027 Enrolled
LRB096 10844 RCE 21073 b






    AN ACT concerning finance. 

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
    Section 1. Short title. This Act may be cited as the 
Interfund Borrowing Act of 2009.
 
    Section 5. Interfund transfers. 
    (a) Notwithstanding any other provision of State law to the 
contrary, on the effective date of this Act, or as soon 
thereafter as practical, for the purpose of making hospital 
access payments as set forth in the Title XIX State plan 
amendments 08-06 and 08-07  submitted by the Department of 
Healthcare and Family Services and approved by the Center for 
Medicaid and State Operations as required in 305 ILCS 
5/5A-12.2, the State Comptroller shall direct and the State 
Treasurer shall transfer amounts into the Hospital Provider 
Fund from the designated funds not exceeding the following 
totals:
 
    General Obligation Bond Retirement
        and Interest Fund........................$335,000,000
    State Employees' Retirement System Fund......$175,000,000
 
    (b) On and after the effective date of this Act of the 96th 
General Assembly through April 14, 2009, if either the General 
Obligation Bond Retirement and Interest Fund or the State 
Employees' Retirement System  Fund has   insufficient cash from 
which the State Comptroller may make expenditures properly 
supported by appropriations from the fund, then the State 
Treasurer and State Comptroller shall transfer from the General 
Revenue Fund to the fund only such amount as is immediately 
necessary to satisfy outstanding expenditure obligations on a 
timely basis, subject to the provisions of the State Prompt 
Payment Act. All or a portion of the amounts transferred from 
the General Revenue Fund to a fund pursuant to this subsection 
(b) from time to time may be re-transferred by the State 
Comptroller and the State Treasurer from the receiving fund 
into the General Revenue Fund as soon as and to the extent that 
deposits are made into or receipts are collected by the 
receiving fund.
    (c) As soon as practical upon receipt of assessment 
payments to the Hospital Provider Fund pursuant to 305 ILCS 
5/5A-2 and 5/5A-4, but under no circumstance later than April 
14, 2009, any amounts transferred to the Hospital Provider Fund 
under the authority of this Section shall be transferred back 
and receipted by the specific fund of origin, with the General 
Obligation Bond Retirement and Interest Fund first being repaid 
in full.  These transfers back to the funds of origin shall be 
made and receipted notwithstanding any other State law to the 
contrary.  If, as of April 14, 2009, there is insufficient money 
in the Hospital Provider Fund to make the transfers as provided 
in this Section, then those transfers shall instead be made 
from the General Revenue Fund.  Transfers must be made from the 
Hospital Provider Fund to the General Revenue Fund to replace 
any such transfers made as soon as there is sufficient money in 
the Hospital Provider Fund to do so.


 
    Section 10. Interest payable to the General Obligation Bond 
Retirement and Interest Fund and the State Employees' 
Retirement System Fund.  As soon as practical after all amounts 
initially transferred from the General Obligation Bond 
Retirement and Interest Fund and the State Employees' 
Retirement System Fund have been transferred back pursuant to 
Section 5 of this Act, the State Treasurer shall calculate the 
amounts of interest that would have accrued to both the General 
Obligation Bond Retirement and Interest Fund and the  State 
Employees' Retirement System Fund if those transfers had not 
occurred and transfer those amounts from the Hospital Provider 
Fund to the General Obligation Bond Retirement and Interest 
Fund and the State Employees' Retirement System Fund.
 
    Section 15. Prohibition on payments to contractors. No fees 
or expenses shall be paid by the State to any contractual legal 
counsel, financial advisor, or other consultant or contractor 
in relation to the actions authorized pursuant to this Act.
 
    Section 90. The Illinois Public Aid Code is amended  by 
changing Section 5A-8 as follows:
 
    (305 ILCS 5/5A-8)  (from Ch. 23, par. 5A-8)

    Sec. 5A-8. Hospital Provider Fund.

    (a) There is created in the State Treasury the Hospital 
Provider Fund.
Interest earned by the Fund shall be credited to 
the Fund.  The
Fund shall not be used to replace any moneys 
appropriated to the
Medicaid program by the General Assembly.


    (b) The Fund is created for the purpose of receiving moneys

in accordance with Section 5A-6 and disbursing moneys only for 
the following
purposes, notwithstanding any other provision of 
law:


        (1) For making payments to hospitals as required under 
    Articles V, VI,
and XIV of this Code, under the Children's 
    Health Insurance Program Act, and under the Covering ALL 
    KIDS Health Insurance Act.


        (2) For the reimbursement of moneys collected by the

    Illinois Department from hospitals or hospital providers 
    through error or
mistake in performing the
activities 
    authorized under this Article and Article V of this Code.


        (3) For payment of administrative expenses incurred by 
    the
Illinois Department or its agent in performing the 
    activities
authorized by this Article.


        (4) For payments of any amounts which are reimbursable 
    to
the federal government for payments from this Fund which 
    are
required to be paid by State warrant.


        (5) For making transfers, as those transfers are 
    authorized
in the proceedings authorizing debt under the 
    Short Term Borrowing Act,
but transfers made under this 
    paragraph (5) shall not exceed the
principal amount of debt 
    issued in anticipation of the receipt by
the State of 
    moneys to be deposited into the Fund.


        (6) For making transfers to any other fund in the State 
    treasury, but
transfers made under this paragraph (6) shall 
    not exceed the amount transferred
previously from that 
    other fund into the Hospital Provider Fund.


        (7) For State fiscal years 2004 and 2005 for making 
    transfers to the Health and Human Services
Medicaid Trust 
    Fund, including 20% of the moneys received from
hospital 
    providers under Section 5A-4 and transferred into the 
    Hospital
Provider
Fund under Section 5A-6. For State fiscal 
    year 2006 for making transfers to the Health and Human 
    Services Medicaid Trust Fund of up to $130,000,000 per year 
    of the moneys received from hospital providers under 
    Section 5A-4 and transferred into the Hospital Provider 
    Fund under Section 5A-6. Transfers under this paragraph 
    shall be made within 7
days after the payments have been 
    received pursuant to the schedule of payments
provided in 
    subsection (a) of Section 5A-4.


        (7.5) For State fiscal year 2007 for making
    transfers 
    of the moneys received from hospital providers under 
    Section 5A-4 and transferred into the Hospital Provider 
    Fund under Section 5A-6 to the designated funds not 
    exceeding the following amounts
in that State fiscal year:
        Health and Human Services
            Medicaid Trust Fund.................

$20,000,000
        Long-Term Care Provider Fund............

$30,000,000
        General Revenue Fund...................

$80,000,000.
        Transfers under this paragraph shall be made within 7 
    days after the payments have been received pursuant to the 
    schedule of payments provided in subsection (a) of Section 
    5A-4.

        (7.8) For State fiscal year 2008, for making transfers 
    of the moneys received from hospital providers under 
    Section 5A-4 and transferred into the Hospital Provider 
    Fund under Section 5A-6 to the designated funds not 
    exceeding the following amounts in that State fiscal year:
        Health and Human Services
            Medicaid Trust Fund..................$40,000,000 
        Long-Term Care Provider Fund..............$60,000,000
        General Revenue Fund...................$160,000,000. 
        Transfers under this paragraph shall be made within 7 
    days after the payments have been received pursuant to the 
    schedule of payments provided in subsection (a) of Section 
    5A-4. 
        (7.9) For State fiscal years 2009 through 2013, for 
    making transfers of the moneys received from hospital 
    providers under Section 5A-4 and transferred into the 
    Hospital Provider Fund under Section 5A-6 to the designated 
    funds not exceeding the following amounts in that State 
    fiscal year:
        Health and Human Services
            Medicaid Trust Fund...................$20,000,000
        Long Term Care Provider Fund..............$30,000,000
        General Revenue Fund.....................$80,000,000.
        Except as provided under this paragraph, transfers 
    Transfers under this paragraph shall be made within 7 
    business days after the payments have been received 
    pursuant to the schedule of payments provided in subsection 
    (a) of Section 5A-4. For State fiscal year 2009, transfers 
    to the General Revenue Fund under this paragraph shall be 
    made on or before June 30, 2009, as sufficient funds become 
    available in the Hospital Provider Fund to both make the 
    transfers and continue hospital payments. 
        (8) For making refunds to hospital providers pursuant 
    to Section 5A-10.


    Disbursements from the Fund, other than transfers 
authorized under
paragraphs (5) and (6) of this subsection, 
shall be by
warrants drawn by the State Comptroller upon 
receipt of vouchers
duly executed and certified by the Illinois 
Department.


    (c) The Fund shall consist of the following:


        (1) All moneys collected or received by the Illinois

    Department from the hospital provider assessment imposed 
    by this
Article.


        (2) All federal matching funds received by the Illinois

    Department as a result of expenditures made by the Illinois

    Department that are attributable to moneys deposited in the 
    Fund.


        (3) Any interest or penalty levied in conjunction with 
    the
administration of this Article.


        (4) Moneys transferred from another fund in the State 
    treasury.



        (5) All other moneys received for the Fund from any 
    other
source, including interest earned thereon.


    (d) (Blank).



(Source: P.A. 94-242, eff. 7-18-05; 94-839, eff. 6-6-06; 
95-707, eff. 1-11-08; 95-859, eff. 8-19-08.)

 
    Section 95. Repeal. The Interfund Borrowing Act of 2009 is 
repealed on July 1, 2009.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.