96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1144


 
Introduced 2/11/2009, by Rep. William Davis
 
SYNOPSIS AS INTRODUCED:















30 ILCS 105/25
 from Ch. 127, par. 161







 Amends the State Finance Act. Provides that certain payments for medical, pharmaceutical, and child care services may be paid out of appropriations for those purposes for a fiscal year if the services were rendered in that fiscal year (now, without regard to the fiscal year in which rendered). Allows payment during a 4-month lapse period after the end of the fiscal year.
















LRB096 09543 RCE 19702 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB1144

LRB096 09543 RCE 19702 b






1
 AN ACT concerning finance.


2
 Be it enacted by the People of the State of Illinois,

3
represented in the General Assembly:



4
 Section 5. The State Finance Act is amended by changing 
5
Section 25 as follows:




6
 (30 ILCS 105/25) (from Ch. 127, par. 161)



7
 Sec. 25. Fiscal year limitations. 

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

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.

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, except as otherwise 
18
provided in this Section. Any service involving
professional or 
19
artistic skills or any personal services by an employee whose

20
compensation is subject to income tax withholding must be 
21
performed as of June
30 of the fiscal year in order to be 
22
considered an "outstanding liability as of
June 30" that is 
23
thereby eligible for payment out of the expiring
appropriation.

 


 






HB1144
- 2 -
LRB096 09543 RCE 19702 b





1
 However, payment of tuition reimbursement claims under 
2
Section 14-7.03 or
18-3 of the School Code may be made by the 
3
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

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.

10
 Medical and pharmaceutical payments for services rendered 
11
during the fiscal year may be made by the Department of 
12
Veterans' Affairs, from
its
appropriations for those purposes 
13
for that any fiscal year, out of the expiring appropriations 
14
during the 4-month period ending at the close of business on 
15
October 31 , without regard to the
fact that the medical 
16
services being compensated for by such payment may have
been 
17
rendered in a prior fiscal year.

18
 Medical and pharmaceutical payments for services rendered 
19
during the fiscal year may be made by the Department of 
20
Healthcare and Family Services and medical and pharmaceutical 
21
payments for services rendered during the fiscal year and child 
22
care
payments for services rendered during the fiscal year may 
23
be made by the Department of
Human Services (as successor to 
24
the Department of Public Aid), from
appropriations for those 
25
purposes for any fiscal year, out of the expiring 
26
appropriations during the 4-month period ending at the close of 
 


 






HB1144
- 3 -
LRB096 09543 RCE 19702 b





1
business on October 31 ,
without regard to the fact that the 
2
medical or child care services being
compensated for by such 
3
payment may have been rendered in a prior fiscal
year; and 
4
payments may be made for services rendered during the fiscal 
5
year at the direction of the Department of
Central Management 
6
Services from the Health Insurance Reserve Fund, from 
7
appropriations for those purposes for that fiscal year, out of 
8
the expiring appropriations during the 4-month period ending at 
9
the close of business on October 31 and the
Local Government 
10
Health Insurance Reserve Fund without regard to any fiscal
year 
11
limitations.

12
 Medical and pharmaceutical payments for services rendered 
13
during the fiscal year may be made by the Department of Human 
14
Services, from its appropriations relating to substance abuse 
15
treatment services for that any fiscal year, out of the 
16
expiring appropriations during the 4-month period ending at the 
17
close of business on October 31, without regard to the fact 
18
that the medical services being compensated for by such payment 
19
may have been rendered in a prior fiscal year, provided the 
20
payments are made on a fee-for-service basis consistent with 
21
requirements established for Medicaid reimbursement by the 
22
Department of Healthcare and Family Services.
23
 Additionally, payments may be made by the Department of 
24
Human Services from
its appropriations, or any other State 
25
agency from its appropriations with
the approval of the 
26
Department of Human Services, from the Immigration Reform
and 
 


 






HB1144
- 4 -
LRB096 09543 RCE 19702 b





1
Control Fund for purposes authorized pursuant to the 
2
Immigration Reform
and Control Act of 1986, without regard to 
3
any fiscal year limitations.

4
 Further, with respect to costs incurred in fiscal years 
5
2002 and 2003 only,
payments may be made by the State Treasurer 
6
from its
appropriations
from the Capital Litigation Trust Fund 
7
without regard to any fiscal year
limitations.

8
 Lease payments may be made by the Department of Central 
9
Management
Services under the sale and leaseback provisions of

10
Section 7.4 of
the State Property Control Act with respect to 
11
the James R. Thompson Center and
the
Elgin Mental Health Center 
12
and surrounding land from appropriations for that
purpose 
13
without regard to any fiscal year
limitations.

14
 Lease payments may be made under the sale and leaseback 
15
provisions of
Section 7.5 of the State Property Control Act 
16
with
respect to the
Illinois State Toll Highway Authority 
17
headquarters building and surrounding
land
without regard to 
18
any fiscal year
limitations.

19
 (c) Further, payments for services rendered during the 
20
fiscal year may be made by the Department of Public Health and 
21
the
Department of Human Services (acting as successor to the 
22
Department of Public
Health under the Department of Human 
23
Services Act)
from their respective appropriations for those 
24
purposes for that fiscal year for grants for medical care to or 
25
on
behalf of persons
suffering from chronic renal disease, 
26
persons suffering from hemophilia, rape
victims, and premature 
 


 






HB1144
- 5 -
LRB096 09543 RCE 19702 b





1
and high-mortality risk infants and their mothers and
for 
2
grants for supplemental food supplies provided under the United 
3
States
Department of Agriculture Women, Infants and Children 
4
Nutrition Program,
from appropriations for those purposes for 
5
that fiscal year, out of the expiring appropriations during the 
6
4-month period ending at the close of business on October 31 
7
for any fiscal year without regard to the fact that the 
8
services being
compensated for by such payment may have been 
9
rendered in a prior fiscal year.

10
 (d) The Department of Public Health and the Department of 
11
Human Services
(acting as successor to the Department of Public 
12
Health under the Department of
Human Services Act) shall each 
13
annually submit to the State Comptroller, Senate
President, 
14
Senate
Minority Leader, Speaker of the House, House Minority 
15
Leader, and the
respective Chairmen and Minority Spokesmen of 
16
the
Appropriations Committees of the Senate and the House, on 
17
or before
December 31, a report of fiscal year funds used to 
18
pay for services
provided in any prior fiscal year. This report 
19
shall document by program or
service category those 
20
expenditures from the most recently completed fiscal
year used 
21
to pay for services provided in prior fiscal years.

22
 (e) The Department of Healthcare and Family Services, the 
23
Department of Human Services
(acting as successor to the 
24
Department of Public Aid), and the Department of Human Services 
25
making fee-for-service payments relating to substance abuse 
26
treatment services provided during a previous fiscal year shall 
 


 






HB1144
- 6 -
LRB096 09543 RCE 19702 b





1
each annually
submit to the State
Comptroller, Senate 
2
President, Senate Minority Leader, Speaker of the House,
House 
3
Minority Leader, the respective Chairmen and Minority 
4
Spokesmen of the
Appropriations Committees of the Senate and 
5
the House, on or before November
30, a report that shall 
6
document by program or service category those
expenditures from 
7
the most recently completed fiscal year used to pay for (i)

8
services provided in prior fiscal years and (ii) services for 
9
which claims were
received in prior fiscal years.

10
 (f) The Department of Human Services (as successor to the 
11
Department of
Public Aid) shall annually submit to the State

12
Comptroller, Senate President, Senate Minority Leader, Speaker 
13
of the House,
House Minority Leader, and the respective 
14
Chairmen and Minority Spokesmen of
the Appropriations 
15
Committees of the Senate and the House, on or before
December 
16
31, a report
of fiscal year funds used to pay for services 
17
(other than medical care)
provided in any prior fiscal year. 
18
This report shall document by program or
service category those 
19
expenditures from the most recently completed fiscal
year used 
20
to pay for services provided in prior fiscal years.

21
 (g) In addition, each annual report required to be 
22
submitted by the
Department of Healthcare and Family Services 
23
under subsection (e) shall include the following
information 
24
with respect to the State's Medicaid program:


25
  (1) Explanations of the exact causes of the variance 
26
 between the previous
year's estimated and actual 
 


 






HB1144
- 7 -
LRB096 09543 RCE 19702 b





1
 liabilities.


2
  (2) Factors affecting the Department of Healthcare and 
3
 Family Services' liabilities,
including but not limited to 
4
 numbers of aid recipients, levels of medical
service 
5
 utilization by aid recipients, and inflation in the cost of 
6
 medical
services.


7
  (3) The results of the Department's efforts to combat 
8
 fraud and abuse.

9
 (h) As provided in Section 4 of the General Assembly 
10
Compensation Act,
any utility bill for service provided to a 
11
General Assembly
member's district office for a period 
12
including portions of 2 consecutive
fiscal years may be paid 
13
from funds appropriated for such expenditure in
either fiscal 
14
year.

15
 (i) An agency which administers a fund classified by the 
16
Comptroller as an
internal service fund may issue rules for:


17
  (1) billing user agencies in advance for payments or 
18
 authorized inter-fund transfers
based on estimated charges 
19
 for goods or services;


20
  (2) issuing credits, refunding through inter-fund 
21
 transfers, or reducing future inter-fund transfers
during

22
 the subsequent fiscal year for all user agency payments or 
23
 authorized inter-fund transfers received during the
prior 
24
 fiscal year which were in excess of the final amounts owed 
25
 by the user
agency for that period; and


26
  (3) issuing catch-up billings to user agencies
during 
 


 






HB1144
- 8 -
LRB096 09543 RCE 19702 b





1
 the subsequent fiscal year for amounts remaining due when 
2
 payments or authorized inter-fund transfers
received from 
3
 the user agency during the prior fiscal year were less than 
4
 the
total amount owed for that period.

5
User agencies are authorized to reimburse internal service 
6
funds for catch-up
billings by vouchers drawn against their 
7
respective appropriations for the
fiscal year in which the 
8
catch-up billing was issued or by increasing an authorized 
9
inter-fund transfer during the current fiscal year. For the 
10
purposes of this Act, "inter-fund transfers" means transfers 
11
without the use of the voucher-warrant process, as authorized 
12
by Section 9.01 of the State Comptroller Act.

13
(Source: P.A. 95-331, eff. 8-21-07.)