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Full Text of HB4213
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HB4213 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4213
Introduced 1/14/2026, by Rep. Justin Slaughter
SYNOPSIS AS INTRODUCED:
305 ILCS 5/5A-7
from Ch. 23, par. 5A-7
Amends the Hospital Provider Funding Article of the Illinois Public
Aid Code. In provisions concerning outstanding hospital assessments that
are paid under a repayment plan or after the end of a tax deferral plan,
provides that the period of repayment shall not exceed 72 (rather than 36)
months.
LRB104 16334 KTG 29721 b
A BILL FOR
HB4213
LRB104 16334 KTG 29721 b
1
AN ACT concerning public aid.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Illinois Public Aid Code is amended by
5
changing Section 5A-7 as follows:
6
(305 ILCS 5/5A-7)
(from Ch. 23, par. 5A-7)
7
Sec. 5A-7.
Administration; enforcement provisions.
8
(a) The Illinois Department shall establish and maintain a
9
listing of all hospital providers appearing in the licensing
10
records of the Illinois Department of Public Health, which
11
shall show each provider's name and principal place of
12
business and the name and address of each hospital operated,
13
conducted, or maintained by the provider in this State. The
14
listing shall also include the monthly assessment amounts owed
15
for each hospital and any unpaid assessment liability greater
16
than 90 days delinquent. The Illinois Department shall
17
administer and enforce this Article and collect the
18
assessments and penalty assessments imposed under this Article
19
using procedures employed in its administration of this Code
20
generally. The Illinois Department, its Director, and every
21
hospital provider subject to assessment under this Article
22
shall have the following powers, duties, and rights:
23
(1) The Illinois Department may initiate either
HB4213
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LRB104 16334 KTG 29721 b
1
administrative or judicial proceedings, or both, to
2
enforce provisions of this Article. Administrative
3
enforcement proceedings initiated hereunder shall be
4
governed by the Illinois Department's administrative
5
rules. Judicial enforcement proceedings initiated
6
hereunder shall be governed by the rules of procedure
7
applicable in the courts of this State.
8
(2) (Blank).
9
(3) Any unpaid assessment under this Article shall
10
become a lien upon the assets of the hospital upon which it
11
was assessed. If any hospital provider, outside the usual
12
course of its business, sells or transfers the major part
13
of any one or more of (A) the real property and
14
improvements, (B) the machinery and equipment, or (C) the
15
furniture or fixtures, of any hospital that is subject to
16
the provisions of this Article, the seller or transferor
17
shall pay the Illinois Department the amount of any
18
assessment, assessment penalty, and interest (if any) due
19
from it under this Article up to the date of the sale or
20
transfer. The Illinois Department may, in its discretion,
21
foreclose on such a lien, but shall do so in a manner that
22
is consistent with Section 5e of the Retailers' Occupation
23
Tax Act. If the seller or transferor fails to pay any
24
assessment, assessment penalty, and interest (if any) due,
25
the purchaser or transferee of such asset shall be liable
26
for the amount of the assessment, penalties, and interest
HB4213
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LRB104 16334 KTG 29721 b
1
(if any) up to the amount of the reasonable value of the
2
property acquired by the purchaser or transferee. The
3
purchaser or transferee shall continue to be liable until
4
the purchaser or transferee pays the full amount of the
5
assessment, penalties, and interest (if any) up to the
6
amount of the reasonable value of the property acquired by
7
the purchaser or transferee or until the purchaser or
8
transferee receives from the Illinois Department a
9
certificate showing that such assessment, penalty, and
10
interest have been paid or a certificate from the Illinois
11
Department showing that no assessment, penalty, or
12
interest is due from the seller or transferor under this
13
Article.
14
(4) Payments under this Article are not subject to the
15
Illinois Prompt Payment Act. Credits or refunds shall not
16
bear interest.
17
(b) In addition to any other remedy provided for and
18
without sending a notice of assessment liability, the Illinois
19
Department shall collect an unpaid assessment by withholding,
20
as payment of the assessment, reimbursements or other amounts
21
otherwise payable by the Illinois Department to the hospital
22
provider, including, but not limited to, payment amounts
23
otherwise payable from a managed care organization performing
24
duties under contract with the Illinois Department.
25
(1) The requirements of this subsection may be waived
26
in instances when a disaster proclamation has been
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LRB104 16334 KTG 29721 b
1
declared by the Governor. In such circumstances, a
2
hospital must demonstrate temporary financial distress and
3
establish an agreement with the Illinois Department
4
specifying when repayment in full of all taxes owed will
5
occur.
6
(2) The requirements of this subsection may be waived
7
by the Illinois Department in instances when a hospital
8
has entered into and remains in compliance with a
9
repayment plan or a tax deferral plan. A repayment plan or
10
tax deferral plan must be entered into no later than 30
11
days after notice of an unpaid assessment payment. No
12
repayment plan may exceed a period of
72
36
months. No tax
13
deferral plan may exceed a period of 6 months, and
14
repayment after the end of a tax deferral plan shall not
15
exceed
72
36
months. Failure to remain in compliance with
16
a repayment plan or tax deferral plan shall cause
17
immediate termination of such plan unless there is prior
18
written consent from the Illinois Department for a period
19
of non-compliance.
20
(3) Beginning September 1, 2025, the Illinois
21
Department shall immediately collect all overdue unpaid
22
assessments and penalties through the collection methods
23
authorized under this Section, unless a repayment plan or
24
tax deferral plan has already been agreed to by September
25
1, 2025.
26
(4) For any unpaid assessments and penalties that are
HB4213
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LRB104 16334 KTG 29721 b
1
overdue as of the effective date of House Bill 2771 of the
2
104th General Assembly, upon receipt of payment the
3
Department may, at its discretion, transfer funds from the
4
Hospital Provider Fund to the Healthcare Provider Relief
5
Fund, provided that, at the time of each transfer, there
6
are no outstanding assessment-related payments owed to
7
hospitals that cannot be paid from resources remaining in
8
the Hospital Provider Fund after the transfer.
9
(c) To provide for the expeditious and timely
10
implementation of the changes made to this Section by this
11
amendatory Act of the 104th General Assembly, the Department
12
may adopt emergency rules as authorized by Section 5-45 of the
13
Illinois Administrative Procedure Act. The adoption of
14
emergency rules is deemed to be necessary for the public
15
interest, safety, and welfare.
16
(Source: P.A. 104-2, eff. 6-16-25; 104-7, eff. 6-16-25.)
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