Bill Text: IL HB3347 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Creates the Military Emergency Direct Insurance Contingency Act and the Military Emergency Direct Insurance Contingency Program under the Act. Provides for the administration of the program by the Department of Healthcare and Family Services. Sets forth eligibility requirements for veterans. Requires the Department to purchase or provide health care benefits for eligible veterans that are identical to the benefits provided to adults under the State's Medicaid program, except for nursing facility services and non-emergency transportation. Includes provisions for co-payments and monthly premiums for health care services. Gives the Department a charge upon claims and causes of action and a right of subrogation, and gives the Department the right to recover the reasonable value of benefits provided. Requires an annual report to the General Assembly by January 1 of each year beginning in 2014. Amends the Illinois Public Aid Code to add cross-references to the Military Emergency Direct Insurance Contingency Act. Repeals the Veterans' Health Insurance Program Act of 2008. Repeals the Military Emergency Direct Insurance Contingency Act on January 1, 2017. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB3347 Detail]

Download: Illinois-2013-HB3347-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB3347 Introduced , by Rep. Jil Tracy SYNOPSIS AS INTRODUCED:
New Act
305 ILCS 5/11-22 from Ch. 23, par. 11-22
305 ILCS 5/11-22a from Ch. 23, par. 11-22a
305 ILCS 5/11-22b from Ch. 23, par. 11-22b
305 ILCS 5/11-22c from Ch. 23, par. 11-22c
330 ILCS 126/Act rep.
Creates the Military Emergency Direct Insurance Contingency Act and the Military Emergency Direct Insurance Contingency Program under the Act. Provides for the administration of the program by the Department of Healthcare and Family Services. Sets forth eligibility requirements for veterans. Requires the Department to purchase or provide health care benefits for eligible veterans that are identical to the benefits provided to adults under the State's Medicaid program, except for nursing facility services and non-emergency transportation. Includes provisions for co-payments and monthly premiums for health care services. Gives the Department a charge upon claims and causes of action and a right of subrogation, and gives the Department the right to recover the reasonable value of benefits provided. Requires an annual report to the General Assembly by January 1 of each year beginning in 2014. Amends the Illinois Public Aid Code to add cross-references to the Military Emergency Direct Insurance Contingency Act. Repeals the Veterans' Health Insurance Program Act of 2008. Repeals the Military Emergency Direct Insurance Contingency Act on January 1, 2017. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Military Emergency Direct Insurance Contingency Act.
Section 3. Legislative intent. The General Assembly finds
that those who have served their country honorably in military
service and who are residing in this State deserve access to
affordable, comprehensive health insurance. Many veterans are
uninsured and unable to afford healthcare. This lack of
healthcare, including preventative care, often exacerbates
health conditions. The effects of lack of insurance negatively
impact those residents of the State who are insured because the
cost of paying for care to the uninsured is often shifted to
those who have insurance in the form of higher health insurance
premiums. It is, therefore, the intent of this legislation to
provide access to affordable health insurance for veterans
residing in Illinois who are unable to afford such coverage.
However, the State has only a limited amount of resources, and
the General Assembly therefore declares that while it intends
to cover as many such veterans as possible, the State may not
be able to cover every eligible person who qualifies for this
Program as a matter of entitlement due to limited funding.

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Section 5. Definitions. The following words have the
following meanings:
"Department" means the Department of Healthcare and Family
Services, or any successor agency.
"Director" means the Director of Healthcare and Family
Services, or any successor agency.
"Medical assistance" means health care benefits provided
under Article V of the Illinois Public Aid Code.
"Program" means the Military Emergency Direct Insurance
Contingency Program.
"Resident" means an individual who has an Illinois
residence, as provided in Section 5-3 of the Illinois Public
Aid Code.
"Veteran" means any person who has served in a branch of
the United States military for greater than 180 consecutive
days after initial training.
"Veterans Affairs" or "VA" means the United States
Department of Veterans Affairs.
Section 10. Operation of the Program.
(a) The Military Emergency Direct Insurance Contingency
Program is created. This Program is not an entitlement.
Enrollment is based on the availability of funds, and
enrollment may be capped based on funds appropriated for the
Program. As soon as practical after the effective date of this

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Act, coverage for this Program shall begin. The Program shall
be administered by the Department of Healthcare and Family
Services in collaboration with the Department of Veterans'
Affairs. The Department shall have the same powers and
authority to administer the Program as are provided to the
Department in connection with the Department's administration
of the Illinois Public Aid Code. The Department shall
coordinate the Program with other health programs operated by
the Department and other State and federal agencies.
(b) The Department shall operate the Program in a manner so
that the estimated cost of the Program during the fiscal year
will not exceed the total appropriation for the Program. The
Department may take any appropriate action to limit spending or
enrollment into the Program, including, but not limited to,
ceasing to accept or process applications, reviewing
eligibility more frequently than annually, adjusting
cost-sharing, or reducing the income threshold for eligibility
as necessary to control expenditures for the Program.
Section 15. Eligibility.
(a) To be eligible for the Program, a person must:
(1) be a veteran who is not on active duty and who has
not been dishonorably discharged from service;
(2) be a resident of the State of Illinois;
(3) be at least 19 years of age and no older than 64
years of age;

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(4) be uninsured, as defined by the Department by rule,
for a period of time established by the Department by rule,
which shall be no less than 6 months;
(5) not be eligible for medical assistance under the
Illinois Public Aid Code;
(6) not be eligible for medical benefits through the
Veterans Health Administration; except that if he or she is
eligible for services provided at a VA facility but resides
60 miles or more from such a facility, he or she is
eligible for the Program; and
(7) have a household income no greater than the sum of
(i) an amount equal to 25% of the federal poverty level
plus (ii) an amount equal to the Veterans Administration
means test income threshold at the initiation of the
Program; depending on the availability of funds, this level
may be increased to an amount equal to the sum of (iii) an
amount equal to 50% of the federal poverty level plus (iv)
an amount equal to the Veterans Administration means test
income threshold. This means test income threshold is
subject to alteration by the Department as set forth in
subsection (b) of Section 10.
(b) A veteran who is determined eligible for the Program
shall remain eligible for 12 months, provided the veteran
remains a resident of the State and is not excluded under
subsection (c) of this Section and provided the Department has
not limited the enrollment period as set forth in subsection

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(b) of Section 10.
(b-5) If a veteran was enrolled in the program operated
under the Veterans' Health Insurance Program Act of 2008 on the
effective date of this Act, he or she shall be enrolled in the
Program operated under this Act on that date, notwithstanding
any other provision of this Act.
(c) A veteran is not eligible for coverage under the
Program if:
(1) the premium required under Section 35 of this Act
has not been timely paid; if the required premiums are not
paid, the liability of the Program shall be limited to
benefits incurred under the Program for the time period for
which premiums have been paid and for grace periods as
established under subsection (d); if the required monthly
premium is not paid, the veteran is ineligible for
re-enrollment for a minimum period of 3 months; or
(2) the veteran is a resident of a nursing facility or
an inmate of a public institution, as defined by 42 CFR
435.1009.
(d) The Department shall adopt rules for the Program,
including, but not limited to, rules relating to eligibility,
re-enrollment, grace periods, notice requirements, hearing
procedures, cost-sharing, covered services, and provider
requirements.
Section 20. Notice of decisions to terminate eligibility.

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Whenever the Department decides to either deny or terminate
eligibility under this Act, the veteran shall have a right to
notice and a hearing, as provided by the Department by rule.
Section 25. Illinois Department of Veterans' Affairs. The
Department shall coordinate with the Illinois Department of
Veterans' Affairs and the Veterans Assistance Commissions to
allow State Veterans' Affairs service officers and the Veterans
Assistance Commissions to assist veterans to apply for the
Program. All applicants must be reviewed for Veterans Health
Administration eligibility or other existing health benefits
prior to consideration for the Program.
Section 30. Health care benefits.
(a) For veterans eligible and enrolled, the Department
shall purchase or provide health care benefits for eligible
veterans that are identical to the benefits provided to adults
under the State's approved plan under Title XIX of the Social
Security Act, except for nursing facility services and
non-emergency transportation.
(b) Providers shall be subject to approval by the
Department to provide health care under the Illinois Public Aid
Code and shall be reimbursed at the same rates as providers
reimbursed under the State's approved plan under Title XIX of
the Social Security Act.
(c) As an alternative to the benefits set forth in

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subsection (a) of this Section, and when cost-effective, the
Department may offer veterans subsidies toward the cost of
privately sponsored health insurance, including
employer-sponsored health insurance.
Section 35. Cost-sharing. The Department, by rule, shall
set forth requirements concerning co-payments and monthly
premiums for health care services. This cost-sharing shall be
based on household income, as defined by the Department by
rule, and is subject to alteration by the Department as set
forth in subsection (b) of Section 10.
Section 40. Charge upon claims and causes of action; right
of subrogation; recoveries. Sections 11-22, 11-22a, 11-22b,
and 11-22c of the Illinois Public Aid Code apply to health
benefits provided to veterans under this Act, as provided in
those Sections.
Section 45. Reporting. The Department shall prepare an
annual report for submission to the General Assembly. The
report shall be due to the General Assembly by January 1 of
each year beginning in 2014. This report shall include
information regarding implementation of the Program, including
the number of veterans enrolled and any available information
regarding other benefits derived from the Program, including
screening for and acquisition of other veterans' benefits

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through the Veterans' Service Officers and the Veterans'
Assistance Commissions. This report may also include
recommendations regarding improvements that may be made to the
Program and regarding the extension of the repeal date set
forth in Section 85 of this Act.
Section 50. Emergency rulemaking. The Department may adopt
rules necessary to establish and implement this Act through the
use of emergency rulemaking in accordance with Section 5-45 of
the Illinois Administrative Procedure Act. For the purposes of
that Act, the General Assembly finds that the adoption of rules
to implement this Act is deemed an emergency and necessary for
the public interest, safety, and welfare.
Section 85. Repeal. This Act is repealed on January 1,
2017.
Section 90. The Illinois Public Aid Code is amended by
changing Sections 11-22, 11-22a, 11-22b, and 11-22c as follows:
(305 ILCS 5/11-22) (from Ch. 23, par. 11-22)
Sec. 11-22. Charge upon claims and causes of action for
injuries. The Illinois Department shall have a charge upon all
claims, demands and causes of action for injuries to an
applicant for or recipient of (i) financial aid under Articles
III, IV, and V, (ii) health care benefits provided under the

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Covering ALL KIDS Health Insurance Act, or (iii) health care
benefits provided under the Veterans' Health Insurance Program
Act, or the Veterans' Health Insurance Program Act of 2008, or
the Military Emergency Direct Insurance Contingency Act for the
total amount of medical assistance provided the recipient from
the time of injury to the date of recovery upon such claim,
demand or cause of action. In addition, if the applicant or
recipient was employable, as defined by the Department, at the
time of the injury, the Department shall also have a charge
upon any such claims, demands and causes of action for the
total amount of aid provided to the recipient and his
dependents, including all cash assistance and medical
assistance only to the extent includable in the claimant's
action, from the time of injury to the date of recovery upon
such claim, demand or cause of action. Any definition of
"employable" adopted by the Department shall apply only to
persons above the age of compulsory school attendance.
If the injured person was employable at the time of the
injury and is provided aid under Articles III, IV, or V and any
dependent or member of his family is provided aid under Article
VI, or vice versa, both the Illinois Department and the local
governmental unit shall have a charge upon such claims, demands
and causes of action for the aid provided to the injured person
and any dependent member of his family, including all cash
assistance, medical assistance and food stamps, from the time
of the injury to the date of recovery.

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"Recipient", as used herein, means (i) in the case of
financial aid provided under this Code, the grantee of record
and any persons whose needs are included in the financial aid
provided to the grantee of record or otherwise met by grants
under the appropriate Article of this Code for which such
person is eligible, (ii) in the case of health care benefits
provided under the Covering ALL KIDS Health Insurance Act, the
child to whom those benefits are provided, and (iii) in the
case of health care benefits provided under the Veterans'
Health Insurance Program Act, or the Veterans' Health Insurance
Program Act of 2008, or the Military Emergency Direct Insurance
Contingency Act, the veteran to whom benefits are provided.
In each case, the notice shall be served by certified mail
or registered mail, upon the party or parties against whom the
applicant or recipient has a claim, demand or cause of action.
The notice shall claim the charge and describe the interest the
Illinois Department, the local governmental unit, or the
county, has in the claim, demand, or cause of action. The
charge shall attach to any verdict or judgment entered and to
any money or property which may be recovered on account of such
claim, demand, cause of action or suit from and after the time
of the service of the notice.
On petition filed by the Illinois Department, or by the
local governmental unit or county if either is claiming a
charge, or by the recipient, or by the defendant, the court, on
written notice to all interested parties, may adjudicate the

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rights of the parties and enforce the charge. The court may
approve the settlement of any claim, demand or cause of action
either before or after a verdict, and nothing in this Section
shall be construed as requiring the actual trial or final
adjudication of any claim, demand or cause of action upon which
the Illinois Department, the local governmental unit or county
has charge. The court may determine what portion of the
recovery shall be paid to the injured person and what portion
shall be paid to the Illinois Department, the local
governmental unit or county having a charge against the
recovery. In making this determination, the court shall conduct
an evidentiary hearing and shall consider competent evidence
pertaining to the following matters:
(1) the amount of the charge sought to be enforced
against the recovery when expressed as a percentage of the
gross amount of the recovery; the amount of the charge
sought to be enforced against the recovery when expressed
as a percentage of the amount obtained by subtracting from
the gross amount of the recovery the total attorney's fees
and other costs incurred by the recipient incident to the
recovery; and whether the Department, unit of local
government or county seeking to enforce the charge against
the recovery should as a matter of fairness and equity bear
its proportionate share of the fees and costs incurred to
generate the recovery from which the charge is sought to be
satisfied;

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(2) the amount, if any, of the attorney's fees and
other costs incurred by the recipient incident to the
recovery and paid by the recipient up to the time of
recovery, and the amount of such fees and costs remaining
unpaid at the time of recovery;
(3) the total hospital, doctor and other medical
expenses incurred for care and treatment of the injury to
the date of recovery therefor, the portion of such expenses
theretofore paid by the recipient, by insurance provided by
the recipient, and by the Department, unit of local
government and county seeking to enforce a charge against
the recovery, and the amount of such previously incurred
expenses which remain unpaid at the time of recovery and by
whom such incurred, unpaid expenses are to be paid;
(4) whether the recovery represents less than
substantially full recompense for the injury and the
hospital, doctor and other medical expenses incurred to the
date of recovery for the care and treatment of the injury,
so that reduction of the charge sought to be enforced
against the recovery would not likely result in a double
recovery or unjust enrichment to the recipient;
(5) the age of the recipient and of persons dependent
for support upon the recipient, the nature and permanency
of the recipient's injuries as they affect not only the
future employability and education of the recipient but
also the reasonably necessary and foreseeable future

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material, maintenance, medical, rehabilitative and
training needs of the recipient, the cost of such
reasonably necessary and foreseeable future needs, and the
resources available to meet such needs and pay such costs;
(6) the realistic ability of the recipient to repay in
whole or in part the charge sought to be enforced against
the recovery when judged in light of the factors enumerated
above.
The burden of producing evidence sufficient to support the
exercise by the court of its discretion to reduce the amount of
a proven charge sought to be enforced against the recovery
shall rest with the party seeking such reduction.
The court may reduce and apportion the Illinois
Department's lien proportionate to the recovery of the
claimant. The court may consider the nature and extent of the
injury, economic and noneconomic loss, settlement offers,
comparative negligence as it applies to the case at hand,
hospital costs, physician costs, and all other appropriate
costs. The Illinois Department shall pay its pro rata share of
the attorney fees based on the Illinois Department's lien as it
compares to the total settlement agreed upon. This Section
shall not affect the priority of an attorney's lien under the
Attorneys Lien Act. The charges of the Illinois Department
described in this Section, however, shall take priority over
all other liens and charges existing under the laws of the
State of Illinois with the exception of the attorney's lien

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under said statute.
Whenever the Department or any unit of local government has
a statutory charge under this Section against a recovery for
damages incurred by a recipient because of its advancement of
any assistance, such charge shall not be satisfied out of any
recovery until the attorney's claim for fees is satisfied,
irrespective of whether or not an action based on recipient's
claim has been filed in court.
This Section shall be inapplicable to any claim, demand or
cause of action arising under (a) the Workers' Compensation Act
or the predecessor Workers' Compensation Act of June 28, 1913,
(b) the Workers' Occupational Diseases Act or the predecessor
Workers' Occupational Diseases Act of March 16, 1936; and (c)
the Wrongful Death Act.
(Source: P.A. 94-693, eff. 7-1-06; 94-816, eff. 5-30-06;
95-755, eff. 7-25-08.)
(305 ILCS 5/11-22a) (from Ch. 23, par. 11-22a)
Sec. 11-22a. Right of Subrogation. To the extent of the
amount of (i) medical assistance provided by the Department to
or on behalf of a recipient under Article V or VI, (ii) health
care benefits provided for a child under the Covering ALL KIDS
Health Insurance Act, or (iii) health care benefits provided to
a veteran under the Veterans' Health Insurance Program Act, or
the Veterans' Health Insurance Program Act of 2008, or the
Military Emergency Direct Insurance Contingency Act, the

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Department shall be subrogated to any right of recovery such
recipient may have under the terms of any private or public
health care coverage or casualty coverage, including coverage
under the "Workers' Compensation Act", approved July 9, 1951,
as amended, or the "Workers' Occupational Diseases Act",
approved July 9, 1951, as amended, without the necessity of
assignment of claim or other authorization to secure the right
of recovery to the Department. To enforce its subrogation
right, the Department may (i) intervene or join in an action or
proceeding brought by the recipient, his or her guardian,
personal representative, estate, dependents, or survivors
against any person or public or private entity that may be
liable; (ii) institute and prosecute legal proceedings against
any person or public or private entity that may be liable for
the cost of such services; or (iii) institute and prosecute
legal proceedings, to the extent necessary to reimburse the
Illinois Department for its costs, against any noncustodial
parent who (A) is required by court or administrative order to
provide insurance or other coverage of the cost of health care
services for a child eligible for medical assistance under this
Code and (B) has received payment from a third party for the
costs of those services but has not used the payments to
reimburse either the other parent or the guardian of the child
or the provider of the services.
(Source: P.A. 94-693, eff. 7-1-06; 94-816, eff. 5-30-06;
95-755, eff. 7-25-08.)

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(305 ILCS 5/11-22b) (from Ch. 23, par. 11-22b)
Sec. 11-22b. Recoveries.
(a) As used in this Section:
(1) "Carrier" means any insurer, including any private
company, corporation, mutual association, trust fund,
reciprocal or interinsurance exchange authorized under the
laws of this State to insure persons against liability or
injuries caused to another and any insurer providing
benefits under a policy of bodily injury liability
insurance covering liability arising out of the ownership,
maintenance or use of a motor vehicle which provides
uninsured motorist endorsement or coverage.
(2) "Beneficiary" means any person or their dependents
who has received benefits or will be provided benefits
under this Code, under the Covering ALL KIDS Health
Insurance Act, or under the Veterans' Health Insurance
Program Act, or the Veterans' Health Insurance Program Act
of 2008, or the Military Emergency Direct Insurance
Contingency Act because of an injury for which another
person may be liable. It includes such beneficiary's
guardian, conservator or other personal representative,
his estate or survivors.
(b)(1) When benefits are provided or will be provided to a
beneficiary under this Code, under the Covering ALL KIDS Health
Insurance Act, or under the Veterans' Health Insurance Program

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Act, or the Veterans' Health Insurance Program Act of 2008, or
the Military Emergency Direct Insurance Contingency Act
because of an injury for which another person is liable, or for
which a carrier is liable in accordance with the provisions of
any policy of insurance issued pursuant to the Illinois
Insurance Code, the Illinois Department shall have a right to
recover from such person or carrier the reasonable value of
benefits so provided. The Attorney General may, to enforce such
right, institute and prosecute legal proceedings against the
third person or carrier who may be liable for the injury in an
appropriate court, either in the name of the Illinois
Department or in the name of the injured person, his guardian,
personal representative, estate, or survivors.
(2) The Department may:
(A) compromise or settle and release any such claim for
benefits provided under this Code, or
(B) waive any such claims for benefits provided under
this Code, in whole or in part, for the convenience of the
Department or if the Department determines that collection
would result in undue hardship upon the person who suffered
the injury or, in a wrongful death action, upon the heirs
of the deceased.
(3) No action taken on behalf of the Department pursuant to
this Section or any judgment rendered in such action shall be a
bar to any action upon the claim or cause of action of the
beneficiary, his guardian, conservator, personal

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representative, estate, dependents or survivors against the
third person who may be liable for the injury, or shall operate
to deny to the beneficiary the recovery for that portion of any
damages not covered hereunder.
(c)(1) When an action is brought by the Department pursuant
to subsection (b), it shall be commenced within the period
prescribed by Article XIII of the Code of Civil Procedure.
However, the Department may not commence the action prior
to 5 months before the end of the applicable period prescribed
by Article XIII of the Code of Civil Procedure. Thirty days
prior to commencing an action, the Department shall notify the
beneficiary of the Department's intent to commence such an
action.
(2) The death of the beneficiary does not abate any right
of action established by subsection (b).
(3) When an action or claim is brought by persons entitled
to bring such actions or assert such claims against a third
person who may be liable for causing the death of a
beneficiary, any settlement, judgment or award obtained is
subject to the Department's claim for reimbursement of the
benefits provided to the beneficiary under this Code, under the
Covering ALL KIDS Health Insurance Act, or under the Veterans'
Health Insurance Program Act, or the Veterans' Health Insurance
Program Act of 2008, or the Military Emergency Direct Insurance
Contingency Act.
(4) When the action or claim is brought by the beneficiary

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alone and the beneficiary incurs a personal liability to pay
attorney's fees and costs of litigation, the Department's claim
for reimbursement of the benefits provided to the beneficiary
shall be the full amount of benefits paid on behalf of the
beneficiary under this Code, under the Covering ALL KIDS Health
Insurance Act, or under the Veterans' Health Insurance Program
Act, or the Veterans' Health Insurance Program Act of 2008, or
the Military Emergency Direct Insurance Contingency Act less a
pro rata share which represents the Department's reasonable
share of attorney's fees paid by the beneficiary and that
portion of the cost of litigation expenses determined by
multiplying by the ratio of the full amount of the expenditures
of the full amount of the judgment, award or settlement.
(d)(1) If either the beneficiary or the Department brings
an action or claim against such third party or carrier, the
beneficiary or the Department shall within 30 days of filing
the action give to the other written notice by personal service
or registered mail of the action or claim and of the name of
the court in which the action or claim is brought. Proof of
such notice shall be filed in such action or claim. If an
action or claim is brought by either the Department or the
beneficiary, the other may, at any time before trial on the
facts, become a party to such action or claim or shall
consolidate his action or claim with the other if brought
independently.
(2) If an action or claim is brought by the Department

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pursuant to subsection (b)(1), written notice to the
beneficiary, guardian, personal representative, estate or
survivor given pursuant to this Section shall advise him of his
right to intervene in the proceeding, his right to obtain a
private attorney of his choice and the Department's right to
recover the reasonable value of the benefits provided.
(e) In the event of judgment or award in a suit or claim
against such third person or carrier:
(1) If the action or claim is prosecuted by the
beneficiary alone, the court shall first order paid from
any judgment or award the reasonable litigation expenses
incurred in preparation and prosecution of such action or
claim, together with reasonable attorney's fees, when an
attorney has been retained. After payment of such expenses
and attorney's fees the court shall, on the application of
the Department, allow as a first lien against the amount of
such judgment or award the amount of the Department's
expenditures for the benefit of the beneficiary under this
Code, under the Covering ALL KIDS Health Insurance Act, or
under the Veterans' Health Insurance Program Act, or the
Veterans' Health Insurance Program Act of 2008, or the
Military Emergency Direct Insurance Contingency Act, as
provided in subsection (c)(4).
(2) If the action or claim is prosecuted both by the
beneficiary and the Department, the court shall first order
paid from any judgment or award the reasonable litigation

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expenses incurred in preparation and prosecution of such
action or claim, together with reasonable attorney's fees
for plaintiffs attorneys based solely on the services
rendered for the benefit of the beneficiary. After payment
of such expenses and attorney's fees, the court shall apply
out of the balance of such judgment or award an amount
sufficient to reimburse the Department the full amount of
benefits paid on behalf of the beneficiary under this Code,
under the Covering ALL KIDS Health Insurance Act, or under
the Veterans' Health Insurance Program Act, or the
Veterans' Health Insurance Program Act of 2008, or the
Military Emergency Direct Insurance Contingency Act.
(f) The court shall, upon further application at any time
before the judgment or award is satisfied, allow as a further
lien the amount of any expenditures of the Department in
payment of additional benefits arising out of the same cause of
action or claim provided on behalf of the beneficiary under
this Code, under the Covering ALL KIDS Health Insurance Act, or
under the Veterans' Health Insurance Program Act, or the
Veterans' Health Insurance Program Act of 2008, or the Military
Emergency Direct Insurance Contingency Act, when such benefits
were provided or became payable subsequent to the original
order.
(g) No judgment, award, or settlement in any action or
claim by a beneficiary to recover damages for injuries, when
the Department has an interest, shall be satisfied without

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first giving the Department notice and a reasonable opportunity
to perfect and satisfy its lien.
(h) When the Department has perfected a lien upon a
judgment or award in favor of a beneficiary against any third
party for an injury for which the beneficiary has received
benefits under this Code, under the Covering ALL KIDS Health
Insurance Act, or under the Veterans' Health Insurance Program
Act, or the Veterans' Health Insurance Program Act of 2008, or
the Military Emergency Direct Insurance Contingency Act, the
Department shall be entitled to a writ of execution as lien
claimant to enforce payment of said lien against such third
party with interest and other accruing costs as in the case of
other executions. In the event the amount of such judgment or
award so recovered has been paid to the beneficiary, the
Department shall be entitled to a writ of execution against
such beneficiary to the extent of the Department's lien, with
interest and other accruing costs as in the case of other
executions.
(i) Except as otherwise provided in this Section,
notwithstanding any other provision of law, the entire amount
of any settlement of the injured beneficiary's action or claim,
with or without suit, is subject to the Department's claim for
reimbursement of the benefits provided and any lien filed
pursuant thereto to the same extent and subject to the same
limitations as in Section 11-22 of this Code.
(Source: P.A. 94-693, eff. 7-1-06; 94-816, eff. 5-30-06;

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95-755, eff. 7-25-08.)
(305 ILCS 5/11-22c) (from Ch. 23, par. 11-22c)
Sec. 11-22c. Recovery of back wages.
(a) As used in this Section, "recipient" means any person
receiving financial assistance under Article IV or Article VI
of this Code, receiving health care benefits under the Covering
ALL KIDS Health Insurance Act, or receiving health care
benefits under the Veterans' Health Insurance Program Act, or
the Veterans' Health Insurance Program Act of 2008, or the
Military Emergency Direct Insurance Contingency Act.
(b) If a recipient maintains any suit, charge or other
court or administrative action against an employer seeking back
pay for a period during which the recipient received financial
assistance under Article IV or Article VI of this Code, health
care benefits under the Covering ALL KIDS Health Insurance Act,
or health care benefits under the Veterans' Health Insurance
Program Act, or the Veterans' Health Insurance Program Act of
2008, or the Military Emergency Direct Insurance Contingency
Act, the recipient shall report such fact to the Department. To
the extent of the amount of assistance provided to or on behalf
of the recipient under Article IV or Article VI, health care
benefits provided under the Covering ALL KIDS Health Insurance
Act, or health care benefits provided under the Veterans'
Health Insurance Program Act, or the Veterans' Health Insurance
Program Act of 2008, or the Military Emergency Direct Insurance

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Contingency Act, the Department may by intervention or
otherwise without the necessity of assignment of claim, attach
a lien on the recovery of back wages equal to the amount of
assistance provided by the Department to the recipient under
Article IV or Article VI, under the Covering ALL KIDS Health
Insurance Act, or under the Veterans' Health Insurance Program
Act, or the Veterans' Health Insurance Program Act of 2008, or
the Military Emergency Direct Insurance Contingency Act.
(Source: P.A. 94-693, eff. 7-1-06; 94-816, eff. 5-30-06;
95-755, eff. 7-25-08.)
(330 ILCS 126/Act rep.)
Section 92. The Veterans' Health Insurance Program Act of
2008 is repealed.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.