305 ILCS 5/11-13

Current through Public Act 103-1052

Section 305 ILCS 5/11-13 - Conditions For Receipt of Vendor Payments-Limitation Period For Vendor Action-Penalty For Violation

A vendor payment, as defined in Section 2-5 of Article II, shall constitute payment in full for the goods or services covered thereby. Acceptance of the payment by or in behalf of the vendor shall bar him from obtaining, or attempting to obtain, additional payment therefor from the recipient or any other person. A vendor payment shall not, however, bar recovery of the value of goods and services the obligation for which, under the rules and regulations of the Illinois Department, is to be met from the income and resources available to the recipient, and in respect to which the vendor payment of the Illinois Department or the local governmental unit represents supplementation of such available income and resources.

Vendors seeking to enforce obligations of a governmental unit or the Illinois Department for goods or services (1) furnished to or in behalf of recipients and (2) subject to a vendor payment as defined in Section 2-5, shall commence their actions in the appropriate Circuit Court or the Court of Claims, as the case may require, within one year next after the cause of action accrued.

A cause of action accrues within the meaning of this Section upon the following date:

(1) If the vendor can prove that he submitted a bill for the service rendered to the Illinois Department or a governmental unit within 180 days after the date the service was rendered, then (a) upon the date the Illinois Department or a governmental unit mails to the vendor information that itis paying a bill in part or is refusing to pay a bill in whole or in part,or (b) upon the date one year following the date the vendor submitted suchbill if the Illinois Department or a governmental unit fails to mail tothe vendor such payment information within one year following the date thevendor submitted the bill; or

(2) If the vendor cannot prove that he submitted a bill for the servicerendered within 180 days after the date the service was rendered, then uponthe date 12 months following the date the vendor rendered theservice to the recipient.

In the case of long term care facilities, where the Illinois Department initiates the monthly billing process for the vendor, the cause of action shall accrue 12 months after the last day of the month the service was rendered.

This paragraph governs only vendor payments asdefined in this Code and as limited by regulations of the Illinois Department; it does not apply to goods or services purchased or contractedFor by a recipient under circumstances in which the payment is to be made directly by the recipient.

Any vendor who accepts a vendor payment and who knowingly obtains or attempts to obtain additional payment for the goods or services covered by the vendor payment from the recipient or any other person shall be guiltyof a Class B misdemeanor.

305 ILCS 5/11-13

P.A. 86-430.

Amended by P.A. 097-0689,§ 75, eff. 6/14/2012.