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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0197 Introduced , by Rep. Scott Drury SYNOPSIS AS INTRODUCED:
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| 30 ILCS 105/25 | from Ch. 127, par. 161 |
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Amends the State Finance Act. Reinserts the provisions of the bill as introduced with changes. Provides that to the extent permitted by federal law, for fiscal year 2017 and each fiscal year thereafter, outstanding liabilities as of June 30, payable from appropriations which have otherwise expired, may be paid out of the expiring appropriations only during the 2-month period ending at the close of business on August 31, except that claims that have been incurred for which a proper bill or invoice as defined by the State Prompt Payment Act has not been received by August 31 may be paid out of the expiring appropriations only during the period ending at the close of business on October 15. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
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1 | | AN ACT concerning finance.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The State Finance Act is amended by changing |
5 | | Section 25 as follows:
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6 | | (30 ILCS 105/25) (from Ch. 127, par. 161)
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7 | | Sec. 25. Fiscal year limitations.
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8 | | (a) All appropriations shall be
available for expenditure |
9 | | for the fiscal year or for a lesser period if the
Act making |
10 | | that appropriation so specifies. A deficiency or emergency
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11 | | appropriation shall be available for expenditure only through |
12 | | June 30 of
the year when the Act making that appropriation is |
13 | | enacted unless that Act
otherwise provides.
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14 | | (b) Outstanding liabilities as of June 30, payable from |
15 | | appropriations
which have otherwise expired, may be paid out of |
16 | | the expiring
appropriations during the 2-month period ending at |
17 | | the
close of business on August 31. Any service involving
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18 | | professional or artistic skills or any personal services by an |
19 | | employee whose
compensation is subject to income tax |
20 | | withholding must be performed as of June
30 of the fiscal year |
21 | | in order to be considered an "outstanding liability as of
June |
22 | | 30" that is thereby eligible for payment out of the expiring
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23 | | appropriation.
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1 | | (b-1) However, payment of tuition reimbursement claims |
2 | | under Section 14-7.03 or
18-3 of the School Code may be made by |
3 | | the State Board of Education from its
appropriations for those |
4 | | respective purposes for any fiscal year, even though
the claims |
5 | | reimbursed by the payment may be claims attributable to a prior
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6 | | fiscal year, and payments may be made at the direction of the |
7 | | State
Superintendent of Education from the fund from which the |
8 | | appropriation is made
without regard to any fiscal year |
9 | | limitations, except as required by subsection (j) of this |
10 | | Section. Beginning on June 30, 2021, payment of tuition |
11 | | reimbursement claims under Section 14-7.03 or 18-3 of the |
12 | | School Code as of June 30, payable from appropriations that |
13 | | have otherwise expired, may be paid out of the expiring |
14 | | appropriation during the 4-month period ending at the close of |
15 | | business on October 31.
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16 | | (b-2) All outstanding liabilities as of June 30, 2010, |
17 | | payable from appropriations that would otherwise expire at the |
18 | | conclusion of the lapse period for fiscal year 2010, and |
19 | | interest penalties payable on those liabilities under the State |
20 | | Prompt Payment Act, may be paid out of the expiring |
21 | | appropriations until December 31, 2010, without regard to the |
22 | | fiscal year in which the payment is made, as long as vouchers |
23 | | for the liabilities are received by the Comptroller no later |
24 | | than August 31, 2010. |
25 | | (b-2.5) All outstanding liabilities as of June 30, 2011, |
26 | | payable from appropriations that would otherwise expire at the |
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1 | | conclusion of the lapse period for fiscal year 2011, and |
2 | | interest penalties payable on those liabilities under the State |
3 | | Prompt Payment Act, may be paid out of the expiring |
4 | | appropriations until December 31, 2011, without regard to the |
5 | | fiscal year in which the payment is made, as long as vouchers |
6 | | for the liabilities are received by the Comptroller no later |
7 | | than August 31, 2011. |
8 | | (b-2.6) All outstanding liabilities as of June 30, 2012, |
9 | | payable from appropriations that would otherwise expire at the |
10 | | conclusion of the lapse period for fiscal year 2012, and |
11 | | interest penalties payable on those liabilities under the State |
12 | | Prompt Payment Act, may be paid out of the expiring |
13 | | appropriations until December 31, 2012, without regard to the |
14 | | fiscal year in which the payment is made, as long as vouchers |
15 | | for the liabilities are received by the Comptroller no later |
16 | | than August 31, 2012. |
17 | | (b-2.7) For fiscal years 2012, 2013, and 2014, interest |
18 | | penalties payable under the State Prompt Payment Act associated |
19 | | with a voucher for which payment is issued after June 30 may be |
20 | | paid out of the next fiscal year's appropriation. The future |
21 | | year appropriation must be for the same purpose and from the |
22 | | same fund as the original payment. An interest penalty voucher |
23 | | submitted against a future year appropriation must be submitted |
24 | | within 60 days after the issuance of the associated voucher, |
25 | | and the Comptroller must issue the interest payment within 60 |
26 | | days after acceptance of the interest voucher. |
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1 | | (b-3) Medical payments may be made by the Department of |
2 | | Veterans' Affairs from
its
appropriations for those purposes |
3 | | for any fiscal year, without regard to the
fact that the |
4 | | medical services being compensated for by such payment may have
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5 | | been rendered in a prior fiscal year, except as required by |
6 | | subsection (j) of this Section. Beginning on June 30, 2021, |
7 | | medical payments payable from appropriations that have |
8 | | otherwise expired may be paid out of the expiring appropriation |
9 | | during the 4-month period ending at the close of business on |
10 | | October 31.
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11 | | (b-4) Medical payments and child care
payments may be made |
12 | | by the Department of
Human Services (as successor to the |
13 | | Department of Public Aid) from
appropriations for those |
14 | | purposes for any fiscal year,
without regard to the fact that |
15 | | the medical or child care services being
compensated for by |
16 | | such payment may have been rendered in a prior fiscal
year; and |
17 | | payments may be made at the direction of the Department of
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18 | | Healthcare and Family Services (or successor agency) from the |
19 | | Health Insurance Reserve Fund without regard to any fiscal
year |
20 | | limitations, except as required by subsection (j) of this |
21 | | Section. Beginning on June 30, 2021, medical and child care |
22 | | payments made by the Department of Human Services and payments |
23 | | made at the discretion of the Department of Healthcare and |
24 | | Family Services (or successor agency) from the Health Insurance |
25 | | Reserve Fund and payable from appropriations that have |
26 | | otherwise expired may be paid out of the expiring appropriation |
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1 | | during the 4-month period ending at the close of business on |
2 | | October 31.
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3 | | (b-5) Medical payments may be made by the Department of |
4 | | Human Services from its appropriations relating to substance |
5 | | abuse treatment services for any fiscal year, without regard to |
6 | | the fact that the medical services being compensated for by |
7 | | such payment may have been rendered in a prior fiscal year, |
8 | | provided the payments are made on a fee-for-service basis |
9 | | consistent with requirements established for Medicaid |
10 | | reimbursement by the Department of Healthcare and Family |
11 | | Services, except as required by subsection (j) of this Section. |
12 | | Beginning on June 30, 2021, medical payments made by the |
13 | | Department of Human Services relating to substance abuse |
14 | | treatment services payable from appropriations that have |
15 | | otherwise expired may be paid out of the expiring appropriation |
16 | | during the 4-month period ending at the close of business on |
17 | | October 31. |
18 | | (b-6) Additionally, payments may be made by the Department |
19 | | of Human Services from
its appropriations, or any other State |
20 | | agency from its appropriations with
the approval of the |
21 | | Department of Human Services, from the Immigration Reform
and |
22 | | Control Fund for purposes authorized pursuant to the |
23 | | Immigration Reform
and Control Act of 1986, without regard to |
24 | | any fiscal year limitations, except as required by subsection |
25 | | (j) of this Section. Beginning on June 30, 2021, payments made |
26 | | by the Department of Human Services from the Immigration Reform |
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1 | | and Control Fund for purposes authorized pursuant to the |
2 | | Immigration Reform and Control Act of 1986 payable from |
3 | | appropriations that have otherwise expired may be paid out of |
4 | | the expiring appropriation during the 4-month period ending at |
5 | | the close of business on October 31.
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6 | | (b-7) Payments may be made in accordance with a plan |
7 | | authorized by paragraph (11) or (12) of Section 405-105 of the |
8 | | Department of Central Management Services Law from |
9 | | appropriations for those payments without regard to fiscal year |
10 | | limitations. |
11 | | (b-8) Reimbursements to eligible airport sponsors for the |
12 | | construction or upgrading of Automated Weather Observation |
13 | | Systems may be made by the Department of Transportation from |
14 | | appropriations for those purposes for any fiscal year, without |
15 | | regard to the fact that the qualification or obligation may |
16 | | have occurred in a prior fiscal year, provided that at the time |
17 | | the expenditure was made the project had been approved by the |
18 | | Department of Transportation prior to June 1, 2012 and, as a |
19 | | result of recent changes in federal funding formulas, can no |
20 | | longer receive federal reimbursement. |
21 | | (b-9) Medical payments not exceeding $150,000,000 may be |
22 | | made by the Department on Aging from its appropriations |
23 | | relating to the Community Care Program for fiscal year 2014, |
24 | | without regard to the fact that the medical services being |
25 | | compensated for by such payment may have been rendered in a |
26 | | prior fiscal year, provided the payments are made on a |
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1 | | fee-for-service basis consistent with requirements established |
2 | | for Medicaid reimbursement by the Department of Healthcare and |
3 | | Family Services, except as required by subsection (j) of this |
4 | | Section. |
5 | | (b-10) Notwithstanding any provision of law to the contrary |
6 | | and to the extent permitted by federal law, for fiscal year |
7 | | 2017 and each fiscal year thereafter, outstanding liabilities |
8 | | as of June 30, payable from appropriations which have otherwise |
9 | | expired, may be paid out of the expiring appropriations only |
10 | | during the 2-month period ending at the close of business on |
11 | | August 31, except that claims that have been incurred for which |
12 | | a proper bill or invoice as defined by the State Prompt Payment |
13 | | Act has not been received by August 31 may be paid out of the |
14 | | expiring appropriations only during the period ending at the |
15 | | close of business on October 15. Any service involving |
16 | | professional or artistic skills or any personal services by an |
17 | | employee whose compensation is subject to income tax |
18 | | withholding must be performed as of June 30 of the fiscal year |
19 | | in order to be considered an "outstanding liability as of June |
20 | | 30" that is thereby eligible for payment out of the expiring |
21 | | appropriation. |
22 | | (c) Further, payments may be made by the Department of |
23 | | Public Health and the
Department of Human Services (acting as |
24 | | successor to the Department of Public
Health under the |
25 | | Department of Human Services Act)
from their respective |
26 | | appropriations for grants for medical care to or on
behalf of |
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1 | | premature and high-mortality risk infants and their mothers and
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2 | | for grants for supplemental food supplies provided under the |
3 | | United States
Department of Agriculture Women, Infants and |
4 | | Children Nutrition Program,
for any fiscal year without regard |
5 | | to the fact that the services being
compensated for by such |
6 | | payment may have been rendered in a prior fiscal year, except |
7 | | as required by subsection (j) of this Section. Beginning on |
8 | | June 30, 2021, payments made by the Department of Public Health |
9 | | and the Department of Human Services from their respective |
10 | | appropriations for grants for medical care to or on behalf of |
11 | | premature and high-mortality risk infants and their mothers and |
12 | | for grants for supplemental food supplies provided under the |
13 | | United States Department of Agriculture Women, Infants and |
14 | | Children Nutrition Program payable from appropriations that |
15 | | have otherwise expired may be paid out of the expiring |
16 | | appropriations during the 4-month period ending at the close of |
17 | | business on October 31.
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18 | | (d) The Department of Public Health and the Department of |
19 | | Human Services
(acting as successor to the Department of Public |
20 | | Health under the Department of
Human Services Act) shall each |
21 | | annually submit to the State Comptroller, Senate
President, |
22 | | Senate
Minority Leader, Speaker of the House, House Minority |
23 | | Leader, and the
respective Chairmen and Minority Spokesmen of |
24 | | the
Appropriations Committees of the Senate and the House, on |
25 | | or before
December 31, a report of fiscal year funds used to |
26 | | pay for services
provided in any prior fiscal year. This report |
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1 | | shall document by program or
service category those |
2 | | expenditures from the most recently completed fiscal
year used |
3 | | to pay for services provided in prior fiscal years.
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4 | | (e) The Department of Healthcare and Family Services, the |
5 | | Department of Human Services
(acting as successor to the |
6 | | Department of Public Aid), and the Department of Human Services |
7 | | making fee-for-service payments relating to substance abuse |
8 | | treatment services provided during a previous fiscal year shall |
9 | | each annually
submit to the State
Comptroller, Senate |
10 | | President, Senate Minority Leader, Speaker of the House,
House |
11 | | Minority Leader, the respective Chairmen and Minority |
12 | | Spokesmen of the
Appropriations Committees of the Senate and |
13 | | the House, on or before November
30, a report that shall |
14 | | document by program or service category those
expenditures from |
15 | | the most recently completed fiscal year used to pay for (i)
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16 | | services provided in prior fiscal years and (ii) services for |
17 | | which claims were
received in prior fiscal years.
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18 | | (f) The Department of Human Services (as successor to the |
19 | | Department of
Public Aid) shall annually submit to the State
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20 | | Comptroller, Senate President, Senate Minority Leader, Speaker |
21 | | of the House,
House Minority Leader, and the respective |
22 | | Chairmen and Minority Spokesmen of
the Appropriations |
23 | | Committees of the Senate and the House, on or before
December |
24 | | 31, a report
of fiscal year funds used to pay for services |
25 | | (other than medical care)
provided in any prior fiscal year. |
26 | | This report shall document by program or
service category those |
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1 | | expenditures from the most recently completed fiscal
year used |
2 | | to pay for services provided in prior fiscal years.
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3 | | (g) In addition, each annual report required to be |
4 | | submitted by the
Department of Healthcare and Family Services |
5 | | under subsection (e) shall include the following
information |
6 | | with respect to the State's Medicaid program:
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7 | | (1) Explanations of the exact causes of the variance |
8 | | between the previous
year's estimated and actual |
9 | | liabilities.
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10 | | (2) Factors affecting the Department of Healthcare and |
11 | | Family Services' liabilities,
including but not limited to |
12 | | numbers of aid recipients, levels of medical
service |
13 | | utilization by aid recipients, and inflation in the cost of |
14 | | medical
services.
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15 | | (3) The results of the Department's efforts to combat |
16 | | fraud and abuse.
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17 | | (h) As provided in Section 4 of the General Assembly |
18 | | Compensation Act,
any utility bill for service provided to a |
19 | | General Assembly
member's district office for a period |
20 | | including portions of 2 consecutive
fiscal years may be paid |
21 | | from funds appropriated for such expenditure in
either fiscal |
22 | | year.
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23 | | (i) An agency which administers a fund classified by the |
24 | | Comptroller as an
internal service fund may issue rules for:
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25 | | (1) billing user agencies in advance for payments or |
26 | | authorized inter-fund transfers
based on estimated charges |
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1 | | for goods or services;
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2 | | (2) issuing credits, refunding through inter-fund |
3 | | transfers, or reducing future inter-fund transfers
during
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4 | | the subsequent fiscal year for all user agency payments or |
5 | | authorized inter-fund transfers received during the
prior |
6 | | fiscal year which were in excess of the final amounts owed |
7 | | by the user
agency for that period; and
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8 | | (3) issuing catch-up billings to user agencies
during |
9 | | the subsequent fiscal year for amounts remaining due when |
10 | | payments or authorized inter-fund transfers
received from |
11 | | the user agency during the prior fiscal year were less than |
12 | | the
total amount owed for that period.
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13 | | User agencies are authorized to reimburse internal service |
14 | | funds for catch-up
billings by vouchers drawn against their |
15 | | respective appropriations for the
fiscal year in which the |
16 | | catch-up billing was issued or by increasing an authorized |
17 | | inter-fund transfer during the current fiscal year. For the |
18 | | purposes of this Act, "inter-fund transfers" means transfers |
19 | | without the use of the voucher-warrant process, as authorized |
20 | | by Section 9.01 of the State Comptroller Act.
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21 | | (i-1) Beginning on July 1, 2021, all outstanding |
22 | | liabilities, not payable during the 4-month lapse period as |
23 | | described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and |
24 | | (c) of this Section, that are made from appropriations for that |
25 | | purpose for any fiscal year, without regard to the fact that |
26 | | the services being compensated for by those payments may have |
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1 | | been rendered in a prior fiscal year, are limited to only those |
2 | | claims that have been incurred but for which a proper bill or |
3 | | invoice as defined by the State Prompt Payment Act has not been |
4 | | received by September 30th following the end of the fiscal year |
5 | | in which the service was rendered. |
6 | | (j) Notwithstanding any other provision of this Act, the |
7 | | aggregate amount of payments to be made without regard for |
8 | | fiscal year limitations as contained in subsections (b-1), |
9 | | (b-3), (b-4), (b-5), (b-6), and (c) of this Section, and |
10 | | determined by using Generally Accepted Accounting Principles, |
11 | | shall not exceed the following amounts: |
12 | | (1) $6,000,000,000 for outstanding liabilities related |
13 | | to fiscal year 2012; |
14 | | (2) $5,300,000,000 for outstanding liabilities related |
15 | | to fiscal year 2013; |
16 | | (3) $4,600,000,000 for outstanding liabilities related |
17 | | to fiscal year 2014; |
18 | | (4) $4,000,000,000 for outstanding liabilities related |
19 | | to fiscal year 2015; |
20 | | (5) $3,300,000,000 for outstanding liabilities related |
21 | | to fiscal year 2016; |
22 | | (6) $2,600,000,000 for outstanding liabilities related |
23 | | to fiscal year 2017; |
24 | | (7) $2,000,000,000 for outstanding liabilities related |
25 | | to fiscal year 2018; |
26 | | (8) $1,300,000,000 for outstanding liabilities related |
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1 | | to fiscal year 2019; |
2 | | (9) $600,000,000 for outstanding liabilities related |
3 | | to fiscal year 2020; and |
4 | | (10) $0 for outstanding liabilities related to fiscal |
5 | | year 2021 and fiscal years thereafter. |
6 | | (k) Department of Healthcare and Family Services Medical |
7 | | Assistance Payments. |
8 | | (1) Definition of Medical Assistance. |
9 | | For purposes of this subsection, the term "Medical |
10 | | Assistance" shall include, but not necessarily be |
11 | | limited to, medical programs and services authorized |
12 | | under Titles XIX and XXI of the Social Security Act, |
13 | | the Illinois Public Aid Code, the Children's Health |
14 | | Insurance Program Act, the Covering ALL KIDS Health |
15 | | Insurance Act, the Long Term Acute Care Hospital |
16 | | Quality Improvement Transfer Program Act, and medical |
17 | | care to or on behalf of persons suffering from chronic |
18 | | renal disease, persons suffering from hemophilia, and |
19 | | victims of sexual assault. |
20 | | (2) Limitations on Medical Assistance payments that |
21 | | may be paid from future fiscal year appropriations. |
22 | | (A) The maximum amounts of annual unpaid Medical |
23 | | Assistance bills received and recorded by the |
24 | | Department of Healthcare and Family Services on or |
25 | | before June 30th of a particular fiscal year |
26 | | attributable in aggregate to the General Revenue Fund, |
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1 | | Healthcare Provider Relief Fund, Tobacco Settlement |
2 | | Recovery Fund, Long-Term Care Provider Fund, and the |
3 | | Drug Rebate Fund that may be paid in total by the |
4 | | Department from future fiscal year Medical Assistance |
5 | | appropriations to those funds are:
$700,000,000 for |
6 | | fiscal year 2013 and $100,000,000 for fiscal year 2014 |
7 | | and each fiscal year thereafter. |
8 | | (B) Bills for Medical Assistance services rendered |
9 | | in a particular fiscal year, but received and recorded |
10 | | by the Department of Healthcare and Family Services |
11 | | after June 30th of that fiscal year, may be paid from |
12 | | either appropriations for that fiscal year or future |
13 | | fiscal year appropriations for Medical Assistance. |
14 | | Such payments shall not be subject to the requirements |
15 | | of subparagraph (A). |
16 | | (C) Medical Assistance bills received by the |
17 | | Department of Healthcare and Family Services in a |
18 | | particular fiscal year, but subject to payment amount |
19 | | adjustments in a future fiscal year may be paid from a |
20 | | future fiscal year's appropriation for Medical |
21 | | Assistance. Such payments shall not be subject to the |
22 | | requirements of subparagraph (A). |
23 | | (D) Medical Assistance payments made by the |
24 | | Department of Healthcare and Family Services from |
25 | | funds other than those specifically referenced in |
26 | | subparagraph (A) may be made from appropriations for |
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1 | | those purposes for any fiscal year without regard to |
2 | | the fact that the Medical Assistance services being |
3 | | compensated for by such payment may have been rendered |
4 | | in a prior fiscal year. Such payments shall not be |
5 | | subject to the requirements of subparagraph (A). |
6 | | (3) Extended lapse period for Department of Healthcare |
7 | | and Family Services Medical Assistance payments. |
8 | | Notwithstanding any other State law to the contrary, |
9 | | outstanding Department of Healthcare and Family Services |
10 | | Medical Assistance liabilities, as of June 30th, payable |
11 | | from appropriations which have otherwise expired, may be |
12 | | paid out of the expiring appropriations during the 6-month |
13 | | period ending at the close of business on December 31st. |
14 | | (l) The changes to this Section made by Public Act 97-691 |
15 | | shall be effective for payment of Medical Assistance bills |
16 | | incurred in fiscal year 2013 and future fiscal years. The |
17 | | changes to this Section made by Public Act 97-691 shall not be |
18 | | applied to Medical Assistance bills incurred in fiscal year |
19 | | 2012 or prior fiscal years. |
20 | | (m) The Comptroller must issue payments against |
21 | | outstanding liabilities that were received prior to the lapse |
22 | | period deadlines set forth in this Section as soon thereafter |
23 | | as practical, but no payment may be issued after the 4 months |
24 | | following the lapse period deadline without the signed |
25 | | authorization of the Comptroller and the Governor. |
26 | | (Source: P.A. 97-75, eff. 6-30-11; 97-333, eff. 8-12-11; |