Illinois 103rd Regular Session Status: Enacted Bipartisan · 10 R · 8 D cosponsors

HB 2188 — ATTY GENERAL-MEDICAID FRAUD

Last action — Public Act . . . . . . . . . 103-0145

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 07, 2023. Enacted.

Signed by Governor JB Pritzker (Democratic) on June 30, 2023.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 20 sponsors

    2 primary, 18 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (10 R · 8 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Illinois Act on the Aging and the Illinois Public Aid Code by changing all references to the Illinois State Police Medicaid Fraud Control Unit to the Office of the Attorney General Medicaid Fraud Control Unit. Amends the Illinois False Claims Act. Removes references to the Illinois State Police from the definition of "investigator". Provides that the Attorney General (rather than the Attorney General or the Illinois State Police) shall diligently investigate a civil violation for false claims under the Act. Provides that the Attorney General may issue subpoenas under the Act (rather than the Attorney General may delegate the authority to issue subpoenas under the Act to the Department of State Police). In provisions concerning the State Whistleblower Reward and Protection Fund, provides that for all cases settled on or after October 1, 2023, one-third of the monies shall be paid to the Attorney General Whistleblower Reward and Protection Fund. Provides that the remaining two-thirds of the monies in the Fund shall be used for payment of awards to Qui Tam plaintiffs and as otherwise specified in this Act, with any remainder to the General Revenue Fund. Provides that the Attorney General shall direct the State Treasurer to make disbursement of funds. Effective immediately.

Bill Text

What changed in the latest version

44 added · 44 removed

Plain-language change summary

In the updated version of Bill HB 2188, all the previous references to the bill as "Engrossed" have been changed to "Enrolled." This is important because the "Enrolled" designation indicates that the bill has completed the legislative process and is ready for final approval, while "Engrossed" typically refers to a version that has passed one chamber but not yet the other. This change reflects the bill's progress and brings it one step closer to becoming law.

→
Previous
Latest
HB2188 Engrossed LRB103 28952 KTG 55338 b AN ACT concerning the fraud.
HB2188 Enrolled LRB103 28952 KTG 55338 b AN ACT concerning the fraud.
HB2188 Engrossed - 2 - LRB103 28952 KTG 55338 b (2) The Department shall appoint members to the Illinois Long-Term Care Council in a timely manner.
HB2188 Enrolled - 2 - LRB103 28952 KTG 55338 b (2) The Department shall appoint members to the Illinois Long-Term Care Council in a timely manner.
(3) Evaluate, comment on reports regarding, and make recommendations on, the quality of life and quality of care in long-term care facilities and on the duties and HB2188 Engrossed - 3 - LRB103 28952 KTG 55338 b responsibilities of the State Long-Term Care Ombudsman Program.
(3) Evaluate, comment on reports regarding, and make recommendations on, the quality of life and quality of care in long-term care facilities and on the duties and HB2188 Enrolled - 3 - LRB103 28952 KTG 55338 b responsibilities of the State Long-Term Care Ombudsman Program.
Members may be reappointed to a term but no member may be reappointed to more than 2 HB2188 Engrossed - 4 - LRB103 28952 KTG 55338 b consecutive terms.
Members may be reappointed to a term but no member may be reappointed to more than 2 HB2188 Enrolled - 4 - LRB103 28952 KTG 55338 b consecutive terms.
8-21-07.) HB2188 Engrossed - 5 - LRB103 28952 KTG 55338 b Section 10.
8-21-07.) HB2188 Enrolled - 5 - LRB103 28952 KTG 55338 b Section 10.
If assessed, the penalty shall be included in any judgment entered for the aid received, and paid to the county department or the local governmental unit, HB2188 Engrossed - 6 - LRB103 28952 KTG 55338 b as the case may be.
If assessed, the penalty shall be included in any judgment entered for the aid received, and paid to the county department or the local governmental unit, HB2188 Enrolled - 6 - LRB103 28952 KTG 55338 b as the case may be.
Upon entry of a judgment for repayment of any excess benefits or payments, or for any civil penalties assessed by the court, a lien shall attach to all property and assets of such person, firm, corporation, association, agency, institution or other legal HB2188 Engrossed - 7 - LRB103 28952 KTG 55338 b entity until the judgment is satisfied.
Upon entry of a judgment for repayment of any excess benefits or payments, or for any civil penalties assessed by the court, a lien shall attach to all property and assets of such person, firm, corporation, association, agency, institution or other legal HB2188 Enrolled - 7 - LRB103 28952 KTG 55338 b entity until the judgment is satisfied.
(1) The sentencing court shall, upon petition by the Attorney General or State's Attorney at any time following sentencing, conduct a hearing to determine whether any HB2188 Engrossed - 8 - LRB103 28952 KTG 55338 b property or property interest is subject to forfeiture under this subsection.
(1) The sentencing court shall, upon petition by the Attorney General or State's Attorney at any time following sentencing, conduct a hearing to determine whether any HB2188 Enrolled - 8 - LRB103 28952 KTG 55338 b property or property interest is subject to forfeiture under this subsection.
The court may accept a finding of HB2188 Engrossed - 9 - LRB103 28952 KTG 55338 b probable cause at a preliminary hearing following the filing of an information charging the offense of recipient fraud or vendor fraud as defined in Sections 8A-2 or 8A-3 or the return of an indictment by a grand jury charging the offense of recipient fraud or vendor fraud as defined in Sections 8A-2 or 8A-3 of this Article as sufficient evidence of probable cause as provided in item (i) above.
The court may accept a finding of HB2188 Enrolled - 9 - LRB103 28952 KTG 55338 b probable cause at a preliminary hearing following the filing of an information charging the offense of recipient fraud or vendor fraud as defined in Sections 8A-2 or 8A-3 or the return of an indictment by a grand jury charging the offense of recipient fraud or vendor fraud as defined in Sections 8A-2 or 8A-3 of this Article as sufficient evidence of probable cause as provided in item (i) above.
The court may, at any time, upon verified petition by the defendant, conduct a hearing to determine whether all or portions of any such property or interest which the court previously determined to be subject to forfeiture or subject to any restraining order, injunction, HB2188 Engrossed - 10 - LRB103 28952 KTG 55338 b or prohibition or other action, should be released.
The court may, at any time, upon verified petition by the defendant, conduct a hearing to determine whether all or portions of any such property or interest which the court previously determined to be subject to forfeiture or subject to any restraining order, injunction, HB2188 Enrolled - 10 - LRB103 28952 KTG 55338 b or prohibition or other action, should be released.
(a) 25% shall be distributed to the unit of local government whose officers or employees conducted the HB2188 Engrossed - 11 - LRB103 28952 KTG 55338 b investigation into recipient fraud or vendor fraud and caused the arrest or arrests and prosecution leading to the forfeiture.
(a) 25% shall be distributed to the unit of local government whose officers or employees conducted the HB2188 Enrolled - 11 - LRB103 28952 KTG 55338 b investigation into recipient fraud or vendor fraud and caused the arrest or arrests and prosecution leading to the forfeiture.
however, if the Attorney General brought the HB2188 Engrossed - 12 - LRB103 28952 KTG 55338 b prosecution resulting in the forfeiture, the portion provided hereunder shall be paid into the Medicaid Fraud and Abuse Prevention Fund, to be used by the Medicaid Fraud Control Unit of the Office of the Attorney General Illinois State Police for enforcement matters relating to detection, investigation or prosecution of recipient fraud or vendor fraud.
however, if the Attorney General brought the HB2188 Enrolled - 12 - LRB103 28952 KTG 55338 b prosecution resulting in the forfeiture, the portion provided hereunder shall be paid into the Medicaid Fraud and Abuse Prevention Fund, to be used by the Medicaid Fraud Control Unit of the Office of the Attorney General Illinois State Police for enforcement matters relating to detection, investigation or prosecution of recipient fraud or vendor fraud.
HB2188 Engrossed - 13 - LRB103 28952 KTG 55338 b and to determine if more stringent penalties or compassionate procedures are necessary.
HB2188 Enrolled - 13 - LRB103 28952 KTG 55338 b and to determine if more stringent penalties or compassionate procedures are necessary.
the Director of Public Health, the Director of Healthcare and HB2188 Engrossed - 14 - LRB103 28952 KTG 55338 b Family Services, and the Secretary of Human Services;
the Director of Public Health, the Director of Healthcare and HB2188 Enrolled - 14 - LRB103 28952 KTG 55338 b Family Services, and the Secretary of Human Services;
Appointments shall be made 90 days from HB2188 Engrossed - 15 - LRB103 28952 KTG 55338 b the effective date of this amendatory Act of the 96th General Assembly.
Appointments shall be made 90 days from HB2188 Enrolled - 15 - LRB103 28952 KTG 55338 b the effective date of this amendatory Act of the 96th General Assembly.
(7) Coordination between relevant agencies in fraud HB2188 Engrossed - 16 - LRB103 28952 KTG 55338 b investigation.
(7) Coordination between relevant agencies in fraud HB2188 Enrolled - 16 - LRB103 28952 KTG 55338 b investigation.
HB2188 Engrossed - 17 - LRB103 28952 KTG 55338 b (740 ILCS 175/2) (from Ch.
HB2188 Enrolled - 17 - LRB103 28952 KTG 55338 b (740 ILCS 175/2) (from Ch.
HB2188 Engrossed - 18 - LRB103 28952 KTG 55338 b (f) "Custodian" means the custodian, or any deputy custodian, designated by the Attorney General under subsection (i)(1) of Section 6.
HB2188 Enrolled - 18 - LRB103 28952 KTG 55338 b (f) "Custodian" means the custodian, or any deputy custodian, designated by the Attorney General under subsection (i)(1) of Section 6.
The State shall receive an amount for reasonable expenses that the court finds to have been necessarily incurred by the HB2188 Engrossed - 19 - LRB103 28952 KTG 55338 b Attorney General, including reasonable attorneys' fees and costs.
The State shall receive an amount for reasonable expenses that the court finds to have been necessarily incurred by the HB2188 Enrolled - 19 - LRB103 28952 KTG 55338 b Attorney General, including reasonable attorneys' fees and costs.
(3) The State may, for good cause shown, move the HB2188 Engrossed - 20 - LRB103 28952 KTG 55338 b court for extensions of the time during which the complaint remains under seal under paragraph (2).
(3) The State may, for good cause shown, move the HB2188 Enrolled - 20 - LRB103 28952 KTG 55338 b court for extensions of the time during which the complaint remains under seal under paragraph (2).
(2)(A) The State may dismiss the action HB2188 Engrossed - 21 - LRB103 28952 KTG 55338 b notwithstanding the objections of the person initiating the action if the person has been notified by the State of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion.
(2)(A) The State may dismiss the action HB2188 Enrolled - 21 - LRB103 28952 KTG 55338 b notwithstanding the objections of the person initiating the action if the person has been notified by the State of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion.
(D) Upon a showing by the defendant that unrestricted HB2188 Engrossed - 22 - LRB103 28952 KTG 55338 b participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation.
(D) Upon a showing by the defendant that unrestricted HB2188 Enrolled - 22 - LRB103 28952 KTG 55338 b participation during the course of the litigation by the person initiating the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation.
The court may extend the 60-day period upon a further showing in camera that the State has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action HB2188 Engrossed - 23 - LRB103 28952 KTG 55338 b will interfere with the ongoing criminal or civil investigation or proceedings.
The court may extend the 60-day period upon a further showing in camera that the State has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action HB2188 Enrolled - 23 - LRB103 28952 KTG 55338 b will interfere with the ongoing criminal or civil investigation or proceedings.
Where the action is one which HB2188 Engrossed - 24 - LRB103 28952 KTG 55338 b the court finds to be based primarily on disclosures of specific information (other than information provided by the person bringing the action) relating to allegations or transactions in a criminal, civil, or administrative hearing, in a legislative, administrative, or Auditor General's report, hearing, audit, or investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than 10% of the proceeds, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation.
Where the action is one which HB2188 Enrolled - 24 - LRB103 28952 KTG 55338 b the court finds to be based primarily on disclosures of specific information (other than information provided by the person bringing the action) relating to allegations or transactions in a criminal, civil, or administrative hearing, in a legislative, administrative, or Auditor General's report, hearing, audit, or investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than 10% of the proceeds, taking into account the significance of the information and the role of the person bringing the action in advancing the case to litigation.
The Attorney General, if necessary, shall direct the State Treasurer to make a disbursement of funds as provided in HB2188 Engrossed - 25 - LRB103 28952 KTG 55338 b court orders or settlement agreements.
The Attorney General, if necessary, shall direct the State Treasurer to make a disbursement of funds as provided in HB2188 Enrolled - 25 - LRB103 28952 KTG 55338 b court orders or settlement agreements.
(3) Whether or not the State proceeds with the action, if the court finds that the action was brought by a person who planned and initiated the violation of Section 3 upon which the action was brought, then the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action which the person would otherwise receive under paragraph (1) or (2) of this HB2188 Engrossed - 26 - LRB103 28952 KTG 55338 b subsection (d), taking into account the role of that person in advancing the case to litigation and any relevant circumstances pertaining to the violation.
(3) Whether or not the State proceeds with the action, if the court finds that the action was brought by a person who planned and initiated the violation of Section 3 upon which the action was brought, then the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action which the person would otherwise receive under paragraph (1) or (2) of this HB2188 Enrolled - 26 - LRB103 28952 KTG 55338 b subsection (d), taking into account the role of that person in advancing the case to litigation and any relevant circumstances pertaining to the violation.
(2)(A) No court shall have jurisdiction over an action brought under subsection (b) against a member of the General Assembly, a member of the judiciary, or an exempt official if the action is based on evidence or information HB2188 Engrossed - 27 - LRB103 28952 KTG 55338 b known to the State when the action was brought.
(2)(A) No court shall have jurisdiction over an action brought under subsection (b) against a member of the General Assembly, a member of the judiciary, or an exempt official if the action is based on evidence or information HB2188 Enrolled - 27 - LRB103 28952 KTG 55338 b known to the State when the action was brought.
or (iii) from the news media, unless the action is brought by the Attorney General or HB2188 Engrossed - 28 - LRB103 28952 KTG 55338 b the person bringing the action is an original source of the information.
or (iii) from the news media, unless the action is brought by the Attorney General or HB2188 Enrolled - 28 - LRB103 28952 KTG 55338 b the person bringing the action is an original source of the information.
HB2188 Engrossed - 29 - LRB103 28952 KTG 55338 b (2) Relief under paragraph (1) shall include reinstatement with the same seniority status that the employee, contractor, or agent would have had but for the discrimination, 2 times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys' fees.
HB2188 Enrolled - 29 - LRB103 28952 KTG 55338 b (2) Relief under paragraph (1) shall include reinstatement with the same seniority status that the employee, contractor, or agent would have had but for the discrimination, 2 times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys' fees.
Whenever the Attorney General, or a designee (for purposes of this Section), has reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to an investigation, the Attorney General, or a designee, may, before commencing a civil proceeding under this Act or making an election under paragraph (4) of subsection (b) of Section 4, issue in HB2188 Engrossed - 30 - LRB103 28952 KTG 55338 b writing and cause to be served upon such person, a subpoena requiring such person:
Whenever the Attorney General, or a designee (for purposes of this Section), has reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to an investigation, the Attorney General, or a designee, may, before commencing a civil proceeding under this Act or making an election under paragraph (4) of subsection (b) of Section 4, issue in HB2188 Enrolled - 30 - LRB103 28952 KTG 55338 b writing and cause to be served upon such person, a subpoena requiring such person:
(1.5) Where a subpoena requires the production of HB2188 Engrossed - 31 - LRB103 28952 KTG 55338 b documentary material, the respondent shall produce the original of the documentary material, provided, however, that the Attorney General, or a designee, may agree that copies may be substituted for the originals.
(1.5) Where a subpoena requires the production of HB2188 Enrolled - 31 - LRB103 28952 KTG 55338 b documentary material, the respondent shall produce the original of the documentary material, provided, however, that the Attorney General, or a designee, may agree that copies may be substituted for the originals.
Compliance with the subpoena shall be at the Office of the Attorney General in either the HB2188 Engrossed - 32 - LRB103 28952 KTG 55338 b Springfield or Chicago location or at other location by agreement.
Compliance with the subpoena shall be at the Office of the Attorney General in either the HB2188 Enrolled - 32 - LRB103 28952 KTG 55338 b Springfield or Chicago location or at other location by agreement.
or (B) the standards applicable to discovery requests under the Code of Civil Procedure, to the extent that the application of such standards to any such subpoena is appropriate and consistent with the provisions and HB2188 Engrossed - 33 - LRB103 28952 KTG 55338 b purposes of this Section.
or (B) the standards applicable to discovery requests under the Code of Civil Procedure, to the extent that the application of such standards to any such subpoena is appropriate and consistent with the provisions and HB2188 Enrolled - 33 - LRB103 28952 KTG 55338 b purposes of this Section.
HB2188 Engrossed - 34 - LRB103 28952 KTG 55338 b (B) delivering an executed copy of such subpoena or petition to the principal office or place of business of the partnership, corporation, association, or entity;
HB2188 Enrolled - 34 - LRB103 28952 KTG 55338 b (B) delivering an executed copy of such subpoena or petition to the principal office or place of business of the partnership, corporation, association, or entity;
HB2188 Engrossed - 35 - LRB103 28952 KTG 55338 b (f) Documentary material.
HB2188 Enrolled - 35 - LRB103 28952 KTG 55338 b (f) Documentary material.
Such material shall be made so available on the return date specified in such subpoena, or on such later date as the Attorney HB2188 Engrossed - 36 - LRB103 28952 KTG 55338 b General may prescribe in writing.
Such material shall be made so available on the return date specified in such subpoena, or on such later date as the Attorney HB2188 Enrolled - 36 - LRB103 28952 KTG 55338 b General may prescribe in writing.
The examination of any person pursuant to a subpoena for oral testimony served under this Section shall be taken before an officer authorized to administer HB2188 Engrossed - 37 - LRB103 28952 KTG 55338 b oaths and affirmations by the laws of this State or of the place where the examination is held.
The examination of any person pursuant to a subpoena for oral testimony served under this Section shall be taken before an officer authorized to administer HB2188 Enrolled - 37 - LRB103 28952 KTG 55338 b oaths and affirmations by the laws of this State or of the place where the examination is held.
The oral testimony of any person taken pursuant to a subpoena served under this Section shall be taken in the county within which such HB2188 Engrossed - 38 - LRB103 28952 KTG 55338 b person resides, is found, or transacts business, or in such other place as may be agreed upon by the Attorney General and such person.
The oral testimony of any person taken pursuant to a subpoena served under this Section shall be taken in the county within which such HB2188 Enrolled - 38 - LRB103 28952 KTG 55338 b person resides, is found, or transacts business, or in such other place as may be agreed upon by the Attorney General and such person.
(B) If such person refuses any question on the HB2188 Engrossed - 39 - LRB103 28952 KTG 55338 b grounds of the privilege against self-incrimination, the testimony of such person may be compelled in accordance with Article 106 of the Code of Criminal Procedure of 1963.
(B) If such person refuses any question on the HB2188 Enrolled - 39 - LRB103 28952 KTG 55338 b grounds of the privilege against self-incrimination, the testimony of such person may be compelled in accordance with Article 106 of the Code of Criminal Procedure of 1963.
If any documentary material has been produced by any person in the course of any investigation pursuant to a subpoena HB2188 Engrossed - 40 - LRB103 28952 KTG 55338 b under this Section and:
If any documentary material has been produced by any person in the course of any investigation pursuant to a subpoena HB2188 Enrolled - 40 - LRB103 28952 KTG 55338 b under this Section and:
Show all 44 changed rows (4 more)
Previous
Latest
Whenever any person fails to comply with any subpoena issued under subsection (a), or whenever satisfactory copying or reproduction of any material requested in such demand cannot be done and such person refuses to surrender such material, the Attorney General may file, in the circuit court of any county in which such person resides, is found, or transacts business, or the circuit court of the county in which an action filed pursuant to Section 4 of this Act is pending if the action relates to the subject matter of the HB2188 Engrossed - 41 - LRB103 28952 KTG 55338 b subpoena and serve upon such person a petition for an order of such court for the enforcement of the subpoena.
Whenever any person fails to comply with any subpoena issued under subsection (a), or whenever satisfactory copying or reproduction of any material requested in such demand cannot be done and such person refuses to surrender such material, the Attorney General may file, in the circuit court of any county in which such person resides, is found, or transacts business, or the circuit court of the county in which an action filed pursuant to Section 4 of this Act is pending if the action relates to the subject matter of the HB2188 Enrolled - 41 - LRB103 28952 KTG 55338 b subpoena and serve upon such person a petition for an order of such court for the enforcement of the subpoena.
(B) The petition shall specify each ground upon which the petitioner relies in seeking relief under subparagraph (A), and may be based upon any failure of the subpoena to comply with the provisions of this Section or upon any constitutional or other legal HB2188 Engrossed - 42 - LRB103 28952 KTG 55338 b right or privilege of such person.
(B) The petition shall specify each ground upon which the petitioner relies in seeking relief under subparagraph (A), and may be based upon any failure of the subpoena to comply with the provisions of this Section or upon any constitutional or other legal HB2188 Enrolled - 42 - LRB103 28952 KTG 55338 b right or privilege of such person.
HB2188 Engrossed - 43 - LRB103 28952 KTG 55338 b Any disobedience of any final order entered under this Section by any court shall be punished as a contempt of the court.
HB2188 Enrolled - 43 - LRB103 28952 KTG 55338 b Any disobedience of any final order entered under this Section by any court shall be punished as a contempt of the court.
One-sixth of the monies shall be paid to the Attorney General Whistleblower Reward and Protection Fund, which is hereby created as a special fund in the State Treasury, and one-sixth of the monies shall be paid to the State Police Whistleblower Reward HB2188 Engrossed - 44 - LRB103 28952 KTG 55338 b and Protection Fund, which is hereby created as a special fund in the State Treasury, for State law enforcement purposes.
One-sixth of the monies shall be paid to the Attorney General Whistleblower Reward and Protection Fund, which is hereby created as a special fund in the State Treasury, and one-sixth of the monies shall be paid to the State Police Whistleblower Reward HB2188 Enrolled - 44 - LRB103 28952 KTG 55338 b and Protection Fund, which is hereby created as a special fund in the State Treasury, for State law enforcement purposes.
⬇ Download PDF
View plain text versions (3)

How this bill changes current law

7 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill amends the Illinois Act on the Aging and the Illinois Public Aid Code to revise the composition and responsibilities of the Illinois Long-Term Care Council and to clarify civil remedies for fraud in financial aid distribution.

  • 20 ILCS 105/4.04a

    18 but not more than 25 members concerned about the quality of life in long-term care facilities and protecting the rights of residents, including members from long-term care facilities. → at least 18 but not more than 25 members.

    This change clarifies the minimum and maximum number of members on the Illinois Long-Term Care Council.

  • 20 ILCS 105/4.04a

    members from long-term care facilities.

    This change removes the requirement for members of the Illinois Long-Term Care Council to include members from long-term care facilities.

  • 305 ILCS 5/8A-7

    anyone who willfully aided such person to obtain the aid. → or from anyone who willfully aided such person to obtain the aid.

    This change ensures that any person who aids in obtaining aid fraudulently can be held liable.

  • 305 ILCS 5/8A-7

    the county department or the local governmental unit, as the case may be. → the county department or local governmental unit that provided the aid.

    This change specifies that liability for repayment of fraudulently obtained aid is to the specific unit that provided it.

  • 305 ILCS 5/8A-7

    by his failure to notify the county department or local governmental unit, as the case may be, of a change in his status as required by Sections 11-18 and 11-19, for the purpose of preventing the denial, cancellation or suspension of his grant, or a variation in the amount thereof, or by other fraudulent device, or a person who knowingly aids or abets any person in obtaining financial aid for which he is not eligible → by failing to notify the county department or local governmental unit of a change in his status required by Sections 11-18 and 11-19, preventing the denial, cancellation, or suspension of his grant, or a variation in the amount thereof, or by other fraudulent means; or who knowingly aids or abets any person in obtaining financial aid for which they are not eligible.

    This change clarifies the grounds under which someone can be liable for fraudulently receiving aid.

  • 305 ILCS 5/8A-7

    and his status as required by Sections 11-18 and 11-19, for the purpose of preventing the denial, cancellation or suspension of his grant, or a variation in the amount thereof → and his status as required by Sections 11-18 and 11-19, to prevent the denial, cancellation or suspension of his grant or to vary the amount thereof.

    This change simplifies the language relating to failing to report status changes regarding financial aid.

  • The Illinois Long-Term Care Council shall have the authority to provide input and recommendations to the Department regarding necessary legislative changes.

    This change explicitly gives the Illinois Long-Term Care Council the power to recommend legislative changes.

Amendments

2 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Public Act . . . . . . . . . 103-0145

  2. Effective Date October 1, 2023

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Passed; 056-000-000

  7. Placed on Calendar Order of 3rd Reading ** May 8, 2023

  8. Placed on Calendar Order of 3rd Reading April 25, 2023

  9. Second Reading

  10. Placed on Calendar Order of 2nd Reading April 18, 2023

  11. Approved for Consideration Assignments

  12. Referred to Assignments

  13. First Reading

  14. Chief Senate Sponsor Sen. Patrick J. Joyce

  15. Placed on Calendar Order of First Reading

  16. Arrive in Senate

  17. Third Reading - Short Debate - Passed 110-000-000

  18. Added Co-Sponsor Rep. Lakesia Collins

  19. Added Co-Sponsor Rep. Justin Slaughter

  20. Added Co-Sponsor Rep. Michael J. Kelly

  21. Added Co-Sponsor Rep. Martin J. Moylan

  22. Added Co-Sponsor Rep. Joyce Mason

  23. Added Co-Sponsor Rep. Blaine Wilhour

  24. Added Co-Sponsor Rep. Kevin Schmidt

  25. Added Co-Sponsor Rep. Randy E. Frese

  26. Added Co-Sponsor Rep. Dave Severin

  27. Added Co-Sponsor Rep. Amy L. Grant

  28. Added Co-Sponsor Rep. Jason Bunting

  29. Added Co-Sponsor Rep. David Friess

  30. Added Co-Sponsor Rep. Bradley Fritts

  31. Added Co-Sponsor Rep. Adam M. Niemerg

  32. Added Co-Sponsor Rep. Dan Caulkins

  33. Added Co-Sponsor Rep. Chris Miller

  34. Chief Co-Sponsor Changed to Rep. Martin McLaughlin

  35. Added Chief Co-Sponsor Rep. Martin McLaughlin

  36. Placed on Calendar Order of 3rd Reading - Short Debate

  37. Second Reading - Short Debate

  38. Placed on Calendar 2nd Reading - Short Debate

  39. House Committee Amendment No. 1 Tabled

  40. Do Pass as Amended / Short Debate Judiciary - Civil Committee; 014-000-000

  41. House Committee Amendment No. 2 Adopted in Judiciary - Civil Committee; by Voice Vote

  42. House Committee Amendment No. 2 Rules Refers to Judiciary - Civil Committee

  43. House Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee

  44. House Committee Amendment No. 2 Referred to Rules Committee

  45. House Committee Amendment No. 2 Filed with Clerk by Rep. Fred Crespo

  46. House Committee Amendment No. 1 Referred to Rules Committee

  47. House Committee Amendment No. 1 Filed with Clerk by Rep. Fred Crespo

  48. Assigned to Judiciary - Civil Committee

  49. Added Co-Sponsor Rep. Terra Costa Howard

  50. Referred to Rules Committee

  51. First Reading

  52. Filed with the Clerk by Rep. Fred Crespo

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

2 sponsors · 18 co-sponsors · 163 not signed on

Sponsors (2)

Co-sponsors (18)

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 31002
Unaffiliated 8001
Republican 17000
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Harris, N. — Yea
Pacione-Zayas — Yea
Simmons — Yea
Stoller — Yea
Gillespie — Yea
Bennett — Yea
Glowiak Hilton — Yea
Loughran Cappel — Yea
Van Pelt — Not Voting
Bill Cunningham Democrat Yea
Celina Villanueva Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Doris Turner Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Gregg Johnson Democrat Yea
Javier L. Cervantes Democrat Yea
Julie A. Morrison Democrat Yea
Karina Villa Democrat Yea
Kimberly A. Lightford Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mary Edly-Allen Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Michael W. Halpin Democrat Yea
Mike Porfirio Democrat Yea
Omar Aquino Democrat Not Voting
Patrick J. Joyce Democrat Yea
Paul Faraci Democrat Yea
Rachel Ventura Democrat Yea
Ram Villivalam Democrat Yea
Robert F. Martwick Democrat Yea
Robert Peters Democrat Yea
Sara Feigenholtz Democrat Not Voting
Steve Stadelman Democrat Yea
Willie Preston Democrat Yea
Andrew S. Chesney Republican Yea
Chapin Rose Republican Yea
Craig Wilcox Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Donald P. DeWitte Republican Yea
Erica Harriss Republican Yea
Jason Plummer Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sally J. Turner Republican Yea
Seth Lewis Republican Yea
Steve McClure Republican Yea
Sue Rezin Republican Yea
Terri Bryant Republican Yea

Official roll call →

Third Reading

Passed 110 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 35000
Democrat 59005
Unaffiliated 16002
Total 110007
% of votes cast 94%0%0%6%
How each member voted (117)
Member Party Vote
Egofske — Yea
Marron — Yea
Flowers — Yea
Frese — Yea
Yednock — Yea
Ozinga — Not Voting
Robinson — Not Voting
Nichols — Yea
Ortiz — Yea
Burke — Yea
Carroll — Yea
Caulkins — Yea
Costa Howard — Yea
Faver Dias — Yea
Hernandez, Lisa — Yea
Ladisch Douglass — Yea
Williams, Jawaharial — Yea
Yang Rohr — Yea
Abdelnasser Rashid Democrat Yea
Angelica Guerrero-Cuellar Democrat Yea
Ann M. Williams Democrat Yea
Anna Moeller Democrat Yea
Anne Stava Democrat Yea
Anthony DeLuca Democrat Yea
Barbara Hernandez Democrat Yea
Bob Morgan Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Curtis J. Tarver, II Democrat Yea
Dagmara Avelar Democrat Yea
Daniel Didech Democrat Yea
Dave Vella Democrat Yea
Debbie Meyers-Martin Democrat Not Voting
Diane Blair-Sherlock Democrat Yea
Edgar González, Jr. Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Eva-Dina Delgado Democrat Yea
Fred Crespo Democrat Yea
Gregg Johnson Democrat Yea
Harry Benton Democrat Yea
Hoan Huynh Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Not Voting
Jennifer Gong-Gershowitz Democrat Yea
Joyce Mason Democrat Yea
Justin Slaughter Democrat Yea
Kam Buckner Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
Kevin John Olickal Democrat Not Voting
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Lilian Jiménez Democrat Yea
Lindsey LaPointe Democrat Yea
Marcus C. Evans, Jr. Democrat Not Voting
Margaret Croke Democrat Yea
Mark L. Walker Democrat Yea
Martin J. Moylan Democrat Yea
Mary Beth Canty Democrat Yea
Matt Hanson Democrat Yea
Maura Hirschauer Democrat Yea
Maurice A. West, II Democrat Yea
Michael J. Kelly Democrat Yea
Michelle Mussman Democrat Yea
Nabeela Syed Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Norma Hernandez Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sharon Chung Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Suzanne M. Ness Democrat Yea
Thaddeus Jones Democrat Not Voting
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
William "Will" Davis Democrat Yea
Adam M. Niemerg Republican Yea
Amy Elik Republican Yea
Amy L. Grant Republican Yea
Blaine Wilhour Republican Yea
Brad Halbrook Republican Yea
Brad Stephens Republican Yea
Bradley Fritts Republican Yea
Charles Meier Republican Yea
Chris Miller Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Daniel J. Ugaste Republican Yea
Dave Severin Republican Yea
David Friess Republican Yea
Dennis Tipsword Republican Yea
Jackie Haas Republican Yea
Jason R. Bunting Republican Yea
Jed Davis Republican Yea
Jeff Keicher Republican Yea
Jennifer Sanalitro Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Kevin Schmidt Republican Yea
Martin McLaughlin Republican Yea
Michael J. Coffey, Jr. Republican Yea
Norine K. Hammond Republican Yea
Patrick Windhorst Republican Yea
Paul Jacobs Republican Yea
Ryan Spain Republican Yea
Steven Reick Republican Yea
Tom Weber Republican Yea
Tony M. McCombie Republican Yea
Travis Weaver Republican Yea
Wayne A. Rosenthal Republican Yea
William E Hauter Republican Yea

Official roll call →

Third Reading

Passed 14 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 4001
Democrat 8000
Unaffiliated 2000
Total 14001
% of votes cast 93%0%0%7%
How each member voted (15)
Member Party Vote
Ladisch Douglass, Jenn — Yea
Costa Howard — Yea
Ann M. Williams Democrat Yea
Curtis J. Tarver, II Democrat Yea
Daniel Didech Democrat Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Jennifer Gong-Gershowitz Democrat Yea
La Shawn K. Ford Democrat Yea
Will Guzzardi Democrat Yea
Daniel J. Ugaste Republican Yea
David Friess Republican Yea
Martin McLaughlin Republican Not Voting
Patrick Windhorst Republican Yea
Tom Weber Republican Yea

Official roll call →

Subjects

public-safety finance healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 2188 do?
Amends the Illinois Act on the Aging and the Illinois Public Aid Code by changing all references to the Illinois State Police Medicaid Fraud Control Unit to the Office of the Attorney General Medicaid Fraud Control Unit. Amends the Illinois False Claims Act. Removes references to the Illinois State Police from the definition of "investigator". Provides that the Attorney General (rather than the Attorney General or the Illinois State Police) shall diligently investigate a civil violation for false claims under the Act. Provides that the Attorney General may issue subpoenas under the Act (rather than the Attorney General may delegate the authority to issue subpoenas under the Act to the Department of State Police). In provisions concerning the State Whistleblower Reward and Protection Fund, provides that for all cases settled on or after October 1, 2023, one-third of the monies shall be paid to the Attorney General Whistleblower Reward and Protection Fund. Provides that the remaining two-thirds of the monies in the Fund shall be used for payment of awards to Qui Tam plaintiffs and as otherwise specified in this Act, with any remainder to the General Revenue Fund. Provides that the Attorney General shall direct the State Treasurer to make disbursement of funds. Effective immediately.
Who sponsors HB 2188?
HB 2188 is sponsored by Fred Crespo (Democrat), Martin McLaughlin (Republican), Chris Miller (Republican), Dan Caulkins, Adam M. Niemerg (Republican), Bradley Fritts (Republican), David Friess (Republican), Jason R. Bunting (Republican), Amy L. Grant (Republican), Dave Severin (Republican), Randy E. Frese, Kevin Schmidt (Republican), Blaine Wilhour (Republican), Joyce Mason (Democrat), Michael J. Kelly (Democrat), Justin Slaughter (Democrat), Lakesia Collins (Democrat), Patrick J. Joyce (Democrat), Terra Costa Howard (Democrat), and Martin J. Moylan (Democrat).
What is the current status of HB 2188?
This bill has been enacted into law. Introduced February 07, 2023. Enacted.
Where can I track HB 2188?
Track HB 2188 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 2188

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 2188

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →