Bill Text: IL SB0213 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Court of Claims Act. Provides that the Court of Claims has exclusive jurisdiction to hear and determine all quantum meruit claims by medical vendors for medical services rendered by the claimant to a person eligible for medical assistance under programs administered by the Department of Healthcare and Family Services if: (1) the services or goods were provided between January 1, 2015 and June 30, 2020; (2) at the time the services or goods were provided, the vendor was certified by Medicaid to provide medical services to persons eligible for medical assistance; (3) the State accepted the services or goods provided; (4) the State has been unjustly enriched or benefited from the services or goods; and (5) the claim was filed with the Court of Claims before March 31, 2021. Provides that the existence of a vendor agreement between a vendor and the State shall not be a bar, defense, or otherwise defeat a quantum meruit claim. Provides that the amount due to a vendor shall not exceed the Medicaid fee for service rates that would have otherwise been paid to the vendor for a valid claim at the time the services were rendered. Makes a corresponding change. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-18 - Rule 3-9(a) / Re-referred to Assignments [SB0213 Detail]

Download: Illinois-2021-SB0213-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB0213 Introduced 2/17/2021, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
705 ILCS 505/8 from Ch. 37, par. 439.8
705 ILCS 505/22 from Ch. 37, par. 439.22
Amends the Court of Claims Act. Provides that the Court of Claims has exclusive jurisdiction to hear and determine all quantum meruit claims by medical vendors for medical services rendered by the claimant to a person eligible for medical assistance under programs administered by the Department of Healthcare and Family Services if: (1) the services or goods were provided between January 1, 2015 and June 30, 2020; (2) at the time the services or goods were provided, the vendor was certified by Medicaid to provide medical services to persons eligible for medical assistance; (3) the State accepted the services or goods provided; (4) the State has been unjustly enriched or benefited from the services or goods; and (5) the claim was filed with the Court of Claims before March 31, 2021. Provides that the existence of a vendor agreement between a vendor and the State shall not be a bar, defense, or otherwise defeat a quantum meruit claim. Provides that the amount due to a vendor shall not exceed the Medicaid fee for service rates that would have otherwise been paid to the vendor for a valid claim at the time the services were rendered. Makes a corresponding change. Effective immediately.
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A BILL FOR
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AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Court of Claims Act is amended by changing
Sections 8 and 22 as follows:
(705 ILCS 505/8) (from Ch. 37, par. 439.8)
Sec. 8. Court of Claims jurisdiction; deliberation
periods. The court shall have exclusive jurisdiction to hear
and determine the following matters:
(a) All claims against the State founded upon any law
of the State of Illinois or upon any regulation adopted
thereunder by an executive or administrative officer or
agency; provided, however, the court shall not have
jurisdiction (i) to hear or determine claims arising under
the Workers' Compensation Act or the Workers' Occupational
Diseases Act, or claims for expenses in civil litigation,
or (ii) to review administrative decisions for which a
statute provides that review shall be in the circuit or
appellate court.
(b) All claims against the State founded upon any
contract entered into with the State of Illinois.
(c) All claims against the State for time unjustly
served in prisons of this State when the person imprisoned

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received a pardon from the Governor stating that such
pardon is issued on the ground of innocence of the crime
for which he or she was imprisoned or he or she received a
certificate of innocence from the Circuit Court as
provided in Section 2-702 of the Code of Civil Procedure;
provided, the amount of the award is at the discretion of
the court; and provided, the court shall make no award in
excess of the following amounts: for imprisonment of 5
years or less, not more than $85,350; for imprisonment of
14 years or less but over 5 years, not more than $170,000;
for imprisonment of over 14 years, not more than $199,150;
and provided further, the court shall fix attorney's fees
not to exceed 25% of the award granted. On or after the
effective date of this amendatory Act of the 95th General
Assembly, the court shall annually adjust the maximum
awards authorized by this subsection (c) to reflect the
increase, if any, in the Consumer Price Index For All
Urban Consumers for the previous calendar year, as
determined by the United States Department of Labor,
except that no annual increment may exceed 5%. For the
annual adjustments, if the Consumer Price Index decreases
during a calendar year, there shall be no adjustment for
that calendar year. The transmission by the Prisoner
Review Board or the clerk of the circuit court of the
information described in Section 11(b) to the clerk of the
Court of Claims is conclusive evidence of the validity of

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the claim. The changes made by this amendatory Act of the
95th General Assembly apply to all claims pending on or
filed on or after the effective date.
(d) All claims against the State for damages in cases
sounding in tort, if a like cause of action would lie
against a private person or corporation in a civil suit,
and all like claims sounding in tort against the Medical
Center Commission, the Board of Trustees of the University
of Illinois, the Board of Trustees of Southern Illinois
University, the Board of Trustees of Chicago State
University, the Board of Trustees of Eastern Illinois
University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State
University, the Board of Trustees of Northeastern Illinois
University, the Board of Trustees of Northern Illinois
University, the Board of Trustees of Western Illinois
University, or the Board of Trustees of the Illinois
Mathematics and Science Academy; provided, that an award
for damages in a case sounding in tort, other than certain
cases involving the operation of a State vehicle described
in this paragraph, shall not exceed the sum of $2,000,000
to or for the benefit of any claimant. The $2,000,000
limit prescribed by this Section does not apply to an
award of damages in any case sounding in tort arising out
of the operation by a State employee of a vehicle owned,
leased or controlled by the State. The defense that the

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State or the Medical Center Commission or the Board of
Trustees of the University of Illinois, the Board of
Trustees of Southern Illinois University, the Board of
Trustees of Chicago State University, the Board of
Trustees of Eastern Illinois University, the Board of
Trustees of Governors State University, the Board of
Trustees of Illinois State University, the Board of
Trustees of Northeastern Illinois University, the Board of
Trustees of Northern Illinois University, the Board of
Trustees of Western Illinois University, or the Board of
Trustees of the Illinois Mathematics and Science Academy
is not liable for the negligence of its officers, agents,
and employees in the course of their employment is not
applicable to the hearing and determination of such
claims. The changes to this Section made by this
amendatory Act of the 100th General Assembly apply only to
claims filed on or after July 1, 2015.
The court shall annually adjust the maximum awards
authorized by this subsection to reflect the increase, if
any, in the Consumer Price Index For All Urban Consumers
for the previous calendar year, as determined by the
United States Department of Labor. The Comptroller shall
make the new amount resulting from each annual adjustment
available to the public via the Comptroller's official
website by January 31 of every year.
(e) All claims for recoupment made by the State of

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Illinois against any claimant.
(f) All claims pursuant to the Line of Duty
Compensation Act. A claim under that Act must be heard and
determined within one year after the application for that
claim is filed with the Court as provided in that Act.
(g) All claims filed pursuant to the Crime Victims
Compensation Act.
(h) All claims pursuant to the Illinois National
Guardsman's Compensation Act. A claim under that Act must
be heard and determined within one year after the
application for that claim is filed with the Court as
provided in that Act.
(i) All claims authorized by subsection (a) of Section
10-55 of the Illinois Administrative Procedure Act for the
expenses incurred by a party in a contested case on the
administrative level.
(j) All quantum meruit claims by medical vendors for
medical services rendered by the claimant pursuant to Section
5-5.01a of the Illinois Public Aid Code to a person eligible
for medical assistance under programs administered by the
Department of Healthcare and Family Services if:
(1) the services or goods were provided between
January 1, 2015 and June 30, 2020;
(2) at the time the services or goods were provided,
the vendor was certified by Medicaid to provide medical
services to a person eligible for medical assistance under

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programs administered by the Department of Healthcare and
Family Services and the Department of Human Services;
(3) the State accepted the services or goods provided;
(4) the State has been unjustly enriched or benefited
from the services or goods; and
(5) the claim was filed with the Court of Claims
before March 31, 2021.
The existence of a vendor agreement between a vendor and
the State shall not be a bar, defense, or otherwise defeat a
quantum meruit claim under this subsection. The amount due to
a vendor under this subsection shall not exceed the Medicaid
fee for service rates that would have otherwise been paid to
the vendor for a valid claim at the time the services were
rendered.
(Source: P.A. 100-1124, eff. 11-27-18.)
(705 ILCS 505/22) (from Ch. 37, par. 439.22)
Sec. 22. Every claim cognizable by the court Court and not
otherwise sooner barred by law shall be forever barred from
prosecution therein unless it is filed with the clerk of the
court Clerk of the Court within the time set forth as follows:
(a) All claims arising out of a contract must be filed
within 5 years after it first accrues, saving to minors,
and persons under legal disability at the time the claim
accrues, in which cases the claim must be filed within 5
years from the time the disability ceases.

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(b) All claims cognizable against the State by vendors
of goods or services under the "The Illinois Public Aid
Code", approved April 11, 1967, as amended, must file
within one year after the accrual of the cause of action,
as provided in Section 11-13 of that Code. This
restriction shall not apply to claims made pursuant to
subsection (j) of Section 8.
(c) All claims arising under paragraph (c) of Section
8 of this Act must be automatically heard by the court
within 120 days after the person asserting such claim is
either issued a certificate of innocence from the circuit
court Circuit Court as provided in Section 2-702 of the
Code of Civil Procedure, or is granted a pardon by the
Governor, whichever occurs later, without the person
asserting the claim being required to file a petition
under Section 11 of this Act, except as otherwise provided
by the Crime Victims Compensation Act. Any claims filed by
the claimant under paragraph (c) of Section 8 of this Act
must be filed within 2 years after the person asserting
such claim is either issued a certificate of innocence as
provided in Section 2-702 of the Code of Civil Procedure,
or is granted a pardon by the Governor, whichever occurs
later.
(d) All claims arising under paragraph (f) of Section
8 of this Act must be filed within the time set forth in
Section 3 of the Line of Duty Compensation Act.

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(e) All claims arising under paragraph (h) of Section
8 of this Act must be filed within one year of the date of
the death of the guardsman or militiaman as provided in
Section 3 of the "Illinois National Guardsman's and Naval
Militiaman's Compensation Act", approved August 12, 1971,
as amended.
(f) All claims arising under paragraph (g) of Section
8 of this Act must be filed within one year of the crime on
which a claim is based as provided in Section 6.1 of the
"Crime Victims Compensation Act", approved August 23,
1973, as amended.
(g) All claims arising from the Comptroller's refusal
to issue a replacement warrant pursuant to Section 10.10
of the State Comptroller Act must be filed within 5 years
after the date of the Comptroller's refusal.
(h) All other claims must be filed within 2 years
after it first accrues, saving to minors, and persons
under legal disability at the time the claim accrues, in
which case the claim must be filed within 2 years from the
time the disability ceases.
(i) The changes made by Public Act 86-458 apply to all
warrants issued within the 5-year 5 year period preceding
August 31, 1989 (the effective date of Public Act 86-458).
The changes made to this Section by Public Act 100-1124
this amendatory Act of the 100th General Assembly apply to
claims pending on November 27, 2018 (the effective date of

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Public Act 100-1124) this amendatory Act of the 100th
General Assembly and to claims filed thereafter.
(j) All time limitations established under this Act
and the rules promulgated under this Act shall be binding
and jurisdictional, except upon extension authorized by
law or rule and granted pursuant to a motion timely filed.
(Source: P.A. 100-1124, eff. 11-27-18; revised 7-16-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.