305 ILCS 5/12-9
2021 Illinois Compiled Statutes|Chapter 305 - PUBLIC AID|305 ILCS 5/ - Illinois Public Aid Code.|Article XII - Administration

 (from Ch. 23, par. 12-9)Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The Public Aid Recoveries Trust Fund shall consist of (1)  recoveries by the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) authorized by this Code  in respect to applicants or recipients under Articles III, IV, V, and VI,  including recoveries made by the Department of Healthcare and Family Services (formerly Illinois Department of Public  Aid) from the estates of deceased recipients, (2) recoveries made by the  Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) in respect to applicants and recipients under  the Children's Health Insurance Program Act, and the Covering ALL KIDS Health Insurance Act, (2.5) recoveries made by the Department of Healthcare and Family Services in connection with the imposition of an administrative penalty as provided under Section 12-4.45, (3) federal funds received on  behalf of and earned by State universities and local governmental entities  for services provided to  applicants or recipients covered under this Code, the Children's Health Insurance Program Act, and the Covering ALL KIDS Health Insurance Act, (3.5) federal financial participation revenue related to eligible disbursements made by the Department of Healthcare and Family Services from appropriations required by this Section, and (4) all other moneys received to the Fund, including interest thereon.  The Fund shall be held  as a special fund in the State Treasury.Disbursements from this Fund shall be only (1) for the reimbursement of  claims collected by the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) through error  or mistake, (2) for payment to persons or agencies designated as payees or  co-payees on any instrument, whether or not negotiable, delivered to the  Department of Healthcare and Family Services (formerly  Illinois Department of Public Aid) as a recovery under this Section, such  payment to be in proportion to the respective interests of the payees in the  amount so collected, (3) for payments to the Department of Human Services  for collections made by the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) on behalf of  the Department of Human Services under this Code, the Children's Health Insurance Program Act, and the Covering ALL KIDS Health Insurance Act, (4) for payment of  administrative expenses incurred in performing the  activities authorized under this Code, the Children's Health Insurance Program Act, and the Covering ALL KIDS Health Insurance Act, (5)  for payment of fees to persons or agencies in the performance of activities  pursuant to the collection of monies owed the State that are collected  under this Code, the Children's Health Insurance Program Act, and the Covering ALL KIDS Health Insurance Act, (6) for payments of any amounts which are  reimbursable to the federal government which are required to be paid by State  warrant by either the State or federal government, and (7) for payments  to State universities and local governmental entities of federal funds for  services provided to  applicants or recipients covered under this Code, the Children's Health Insurance Program Act, and the Covering ALL KIDS Health Insurance Act.  Disbursements  from this Fund for purposes of items (4) and (5) of this  paragraph shall be subject to appropriations from the Fund to the Department of Healthcare and Family Services (formerly Illinois  Department of Public Aid).The balance in this Fund after  payment therefrom of  any amounts reimbursable to the federal government, and  minus the amount reasonably anticipated to be needed to make the disbursements   authorized by this Section during the current and following 3 calendar months, shall be certified by the  Director of Healthcare and Family Services and transferred by the  State Comptroller to the Drug Rebate Fund or the Healthcare Provider Relief Fund in  the State Treasury, as appropriate, on at least an annual basis by June 30th of each fiscal year. The Director of Healthcare and Family Services may certify and the State Comptroller shall transfer to the Drug Rebate Fund or the Healthcare Provider Relief Fund amounts on a more frequent basis.On July 1, 1999, the State Comptroller shall transfer the sum of $5,000,000  from the Public Aid Recoveries Trust Fund (formerly the Public Assistance  Recoveries Trust Fund) into the DHS Recoveries Trust Fund.  (Source: P.A. 97-647, eff. 1-1-12; 97-689, eff. 6-14-12; 98-130, eff. 8-2-13; 98-651, eff. 6-16-14.)