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Public Act 097-0647
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| SB0773 Enrolled | LRB097 04506 KTG 44545 b |
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AN ACT concerning public aid.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Public Aid Code is amended by |
changing Section 12-9 as follows:
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(305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
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Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The |
Public Aid Recoveries Trust Fund shall consist of (1)
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recoveries by the Department of Healthcare and Family Services |
(formerly Illinois Department of Public Aid) authorized by this |
Code
in respect to applicants or recipients under Articles III, |
IV, V, and VI,
including recoveries made by the Department of |
Healthcare and Family Services (formerly Illinois Department |
of Public
Aid) from the estates of deceased recipients, (2) |
recoveries made by the
Department of Healthcare and Family |
Services (formerly Illinois Department of Public Aid) in |
respect to applicants and recipients under
the Children's |
Health Insurance Program Act, the Covering ALL KIDS Health |
Insurance Act, and the Senior Citizens and Disabled Persons |
Property Tax Relief and Pharmaceutical Assistance Act, (3) |
federal funds received on
behalf of and earned by State |
universities and local governmental entities
for services |
provided to
applicants or recipients covered under this Code, |
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the Children's Health Insurance Program Act, the Covering ALL |
KIDS Health Insurance Act, and the Senior Citizens and Disabled |
Persons Property Tax Relief and Pharmaceutical Assistance Act, |
(3.5) federal financial participation revenue related to |
eligible disbursements made by the Department of Healthcare and |
Family Services from appropriations required by this Section, |
and (4) all other moneys received to the Fund, including |
interest thereon. The Fund shall be held
as a special fund in |
the State Treasury.
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Disbursements from this Fund shall be only (1) for the |
reimbursement of
claims collected by the Department of |
Healthcare and Family Services (formerly Illinois Department |
of Public Aid) through error
or mistake, (2) for payment to |
persons or agencies designated as payees or
co-payees on any |
instrument, whether or not negotiable, delivered to the
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Department of Healthcare and Family Services (formerly
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Illinois Department of Public Aid) as a recovery under this |
Section, such
payment to be in proportion to the respective |
interests of the payees in the
amount so collected, (3) for |
payments to the Department of Human Services
for collections |
made by the Department of Healthcare and Family Services |
(formerly Illinois Department of Public Aid) on behalf of
the |
Department of Human Services under this Code, the Children's |
Health Insurance Program Act, and the Covering ALL KIDS Health |
Insurance Act, (4) for payment of
administrative expenses |
incurred in performing the
activities authorized under this |
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Code, the Children's Health Insurance Program Act, the Covering |
ALL KIDS Health Insurance Act, and the Senior Citizens and |
Disabled Persons Property Tax Relief and Pharmaceutical |
Assistance Act, (5)
for payment of fees to persons or agencies |
in the performance of activities
pursuant to the collection of |
monies owed the State that are collected
under this Code, the |
Children's Health Insurance Program Act, the Covering ALL KIDS |
Health Insurance Act, and the Senior Citizens and Disabled |
Persons Property Tax Relief and Pharmaceutical Assistance Act, |
(6) for payments of any amounts which are
reimbursable to the |
federal government which are required to be paid by State
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warrant by either the State or federal government, and (7) for |
payments
to State universities and local governmental entities |
of federal funds for
services provided to
applicants or |
recipients covered under this Code, the Children's Health |
Insurance Program Act, the Covering ALL KIDS Health Insurance |
Act, and the Senior Citizens and Disabled Persons Property Tax |
Relief and Pharmaceutical Assistance Act. Disbursements
from |
this Fund for purposes of items (4) and (5) of this
paragraph |
shall be subject to appropriations from the Fund to the |
Department of Healthcare and Family Services (formerly |
Illinois
Department of Public Aid).
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The balance in this Fund on the first day of each calendar |
quarter, after
payment therefrom of any amounts reimbursable to |
the federal government, and
minus the amount reasonably |
anticipated to be needed to make the disbursements
during that |
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quarter authorized by this Section, shall be certified by the
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Director of Healthcare and Family Services and transferred by |
the
State Comptroller to the Drug Rebate Fund or the Healthcare |
Provider Relief Fund in
the State Treasury, as appropriate, |
within 30 days of the first day of
each calendar quarter. The |
Director of Healthcare and Family Services may certify and the |
State Comptroller shall transfer to the Drug Rebate Fund |
amounts on a more frequent basis.
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On July 1, 1999, the State Comptroller shall transfer the |
sum of $5,000,000
from the Public Aid Recoveries Trust Fund |
(formerly the Public Assistance
Recoveries Trust Fund) into the |
DHS Recoveries Trust Fund.
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(Source: P.A. 95-331, eff. 8-21-07; 96-1100, eff. 1-1-11.)
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Section 99. Effective date. This Act takes effect January |
1, 2012. |