PUB AID RECOVERIES TRUST FUND

Illinois General Assembly - Full Text of HB4756

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Full Text of HB4756

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HB4756 - 104th General Assembly

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HB4756 Engrossed
LRB104 20182 KTG 33633 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 12-9 as follows:

6

(305 ILCS 5/12-9)

(from Ch. 23, par. 12-9)
7

Sec. 12-9.
Public Aid Recoveries Trust Fund; uses.
The
8
Public Aid Recoveries Trust Fund shall consist of (1)
9
recoveries by the Department of Healthcare and Family Services
10
(formerly Illinois Department of Public Aid) authorized by
11
this Code in respect to applicants or recipients under
12
Articles III, IV, V, and VI, including recoveries made by the
13
Department of Healthcare and Family Services (formerly
14
Illinois Department of Public Aid) from the estates of
15
deceased recipients, (2) recoveries made by the Department of
16
Healthcare and Family Services (formerly Illinois Department
17
of Public Aid) in respect to applicants and recipients under
18
the Children's Health Insurance Program Act, and the Covering
19
ALL KIDS Health Insurance Act, (2.5) recoveries made by the
20
Department of Healthcare and Family Services in connection
21
with the imposition of an administrative penalty as provided
22
under Section 12-4.45, (3) federal funds received on behalf of
23
and earned by State universities, other State agencies or

HB4756 Engrossed
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LRB104 20182 KTG 33633 b
1
departments, and local governmental entities for services
2
provided to applicants or recipients covered under this Code,
3
the Children's Health Insurance Program Act, and the Covering
4
ALL KIDS Health Insurance Act, (3.5) federal financial
5
participation revenue related to eligible disbursements made
6
by the Department of Healthcare and Family Services from
7
appropriations required by this Section, and (4) all other
8
moneys received to the Fund, including interest thereon. The
9
Fund shall be held as a special fund in the State Treasury.
10

Disbursements from this Fund shall be only (1) for the
11
reimbursement of claims collected by the Department of
12
Healthcare and Family Services (formerly Illinois Department
13
of Public Aid) through error or mistake, (2) for payment to
14
persons or agencies designated as payees or co-payees on any
15
instrument, whether or not negotiable, delivered to the
16
Department of Healthcare and Family Services (formerly
17
Illinois Department of Public Aid) as a recovery under this
18
Section, such payment to be in proportion to the respective
19
interests of the payees in the amount so collected, (3) for
20
payments to the Department of Human Services for collections
21
made by the Department of Healthcare and Family Services
22
(formerly Illinois Department of Public Aid) on behalf of the
23
Department of Human Services under this Code, the Children's
24
Health Insurance Program Act, and the Covering ALL KIDS Health
25
Insurance Act, (4) for payment of administrative expenses
26
incurred in performing the activities authorized under this

HB4756 Engrossed
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LRB104 20182 KTG 33633 b
1
Code, the Children's Health Insurance Program Act, and the
2
Covering ALL KIDS Health Insurance Act, (5) for payment of
3
fees to persons or agencies in the performance of activities
4
pursuant to the collection of monies owed the State that are
5
collected under this Code, the Children's Health Insurance
6
Program Act, and the Covering ALL KIDS Health Insurance Act,
7
(6)
separate from those disbursements allowed under items (4)
8
and (5), for payment of contingency fees to third-party
9
entities that the Office of Inspector General authorizes to
10
conduct audits under Sections 12-4.25 and 12-4.40, or any
11
similar audits required by State or federal law, (7)
for
12
payments of any amounts which are reimbursable to the federal
13
government which are required to be paid by State warrant by
14
either the State or federal government, and
(8)

(7)
for
15
payments to State universities, other State agencies or
16
departments, and local governmental entities of federal funds
17
for services provided to applicants or recipients covered
18
under this Code, the Children's Health Insurance Program Act,
19
and the Covering ALL KIDS Health Insurance Act. Disbursements
20
from this Fund for purposes of items (4) and (5) of this
21
paragraph shall be subject to appropriations from the Fund to
22
the Department of Healthcare and Family Services (formerly
23
Illinois Department of Public Aid).
24

The balance in this Fund after payment therefrom of any
25
amounts reimbursable to the federal government, and minus the
26
amount anticipated to be needed to make the disbursements

HB4756 Engrossed
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LRB104 20182 KTG 33633 b
1
authorized by this Section, shall be certified by the Director
2
of Healthcare and Family Services and transferred by the State
3
Comptroller to the Drug Rebate Fund or the Healthcare Provider
4
Relief Fund in the State Treasury, as appropriate, on at least
5
an annual basis by June 30th of each fiscal year. The Director
6
of Healthcare and Family Services may certify and the State
7
Comptroller shall transfer to the Drug Rebate Fund or the
8
Healthcare Provider Relief Fund amounts on a more frequent
9
basis.
10
(Source: P.A. 103-593, eff. 6-7-24.)

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