305 ILCS 5/5B-7
2021 Illinois Compiled Statutes|Chapter 305 - PUBLIC AID|305 ILCS 5/ - Illinois Public Aid Code.|Article V-B - Long-Term Care Provider Funding

 (from Ch. 23, par. 5B-7)Sec. 5B-7.     Administration; enforcement provisions.(a) To the extent practicable, the Illinois Department shall administer  and enforce this Article and collect the assessments, interest, and penalty  assessments imposed under this Article, using procedures employed in its  administration of this Code generally and, as it deems  appropriate, in a manner similar to that in which the Department  of Revenue administers and collects the retailers' occupation tax  under the Retailers' Occupation Tax Act ("ROTA").   Instead  of certificates of registration, the Illinois Department shall  establish and maintain a listing of all long-term care providers  appearing in the licensing records of the Department of Public  Health, which shall show each provider's name, principal place of business,  and the name and address of each long-term care facility operated or  maintained by the provider in this State.  In addition, the following  provisions of the Retailers' Occupation Tax Act are incorporated by  reference into this Section, except that the Illinois Department  and its Director (rather than the Department of Revenue and its Director)  and every long-term care provider subject to assessment measured by  occupied bed days and to the return filing requirements of this Article  (rather than persons subject to retailers' occupation tax measured by gross  receipts from the sale of tangible personal property at retail and to the  return filing requirements of ROTA) shall have the powers, duties, and  rights specified in these ROTA provisions, as modified in this Section or  by the Illinois Department in a manner consistent with this Article and  except as manifestly inconsistent with the other provisions of this Article:(1) ROTA, Section 4 (examination of return; notice of     correction; evidence; limitations; protest and hearing), except that (i) the Illinois Department shall issue notices of assessment liability (rather than notices of tax liability as provided in ROTA, Section 4); (ii) in the case of a fraudulent return or in the case of an extended period agreed to by the Illinois Department and the long-term care provider before the expiration of the limitation period, no notice of assessment liability shall be issued more than 3 years after the later of the due date of the return required by Section 5B-5 or the date the return (or an amended return) was filed (rather within the period stated in ROTA, Section 4); and (iii) the penalty provisions of ROTA, Section 4 shall not apply.(2) ROTA, Section 5 (failure to make return; failure     to pay assessment), except that the penalty and interest provisions of ROTA, Section 5 shall not apply.(3) ROTA, Section 5a (lien; attachment; termination;     notice; protest; review; release of lien; status of lien).(4) ROTA, Section 5b (State lien notices; State lien     index; duties of recorder and registrar of titles).(5) ROTA, Section 5c (liens; certificate of release).(6) ROTA, Section 5d (Department not required to     furnish bond; claim to property attached or levied upon).(7) ROTA, Section 5e (foreclosure on liens;     enforcement).(8) ROTA, Section 5f (demand for payment; levy and     sale of property; limitation).(9) ROTA, Section 5g (sale of property; redemption).(10) ROTA, Section 5j (sales on transfers outside     usual course of business; report; payment of assessment; rights and duties of purchaser; penalty).(11) ROTA, Section 6 (erroneous payments; credit or     refund), provided that (i) the Illinois Department may only apply an amount otherwise subject to credit or refund to a liability arising under this Article; (ii) except in the case of an extended period agreed to by the Illinois Department and the long term care provider prior to the expiration of this limitation period, a claim for credit or refund must be filed no more than 3 years after the due date of the return required by Section 5B-5 (rather than the time limitation stated in ROTA, Section 6); and (iii) credits or refunds shall not bear interest.(12) ROTA, Section 6a (claims for credit or refund).(13) ROTA, Section 6b (tentative determination of     claim; notice; hearing; review), provided that a long-term care provider or its representative shall have 60 days (rather than 20 days) within which to file a protest and request for hearing in response to a tentative determination of claim.(14) ROTA, Section 6c (finality of tentative     determinations).(15) ROTA, Section 8  (investigations and hearings).(16) ROTA, Section 9 (witness; immunity).(17) ROTA, Section 10 (issuance of subpoenas;     attendance of witnesses; production of books and records).(18) ROTA, Section 11 (information confidential;     exceptions).(19) ROTA, Section 12 (rules and regulations;     hearing; appeals), except that a long-term care provider shall not be required to file a bond or be subject to a lien in lieu thereof in order to seek court review under the Administrative Review Law of a final assessment or revised final assessment or the equivalent thereof issued by the Illinois Department under this Article.(b) In addition to any other remedy provided for and without sending a  notice of assessment liability, the Illinois Department may collect an  unpaid assessment by withholding, as payment of the assessment,  reimbursements or other amounts otherwise payable by the Illinois  Department to the provider.    (Source: P.A. 87-861.)