Section 190.10  Definitions

"Department" means the Illinois Department of Public Health.

"Prior Fiscal Year Payments" means a reimbursement voucher processed for goods/services rendered in any prior state fiscal year.

Only the date(s) of service and the state fiscal year of the expenditure are needed to determine if a voucher represents a prior fiscal year payment.

In the event that the dates of service straddle two different state or federal fiscal years (e.g., June 26-July 3), the invoice/billing will be prorated between the two fiscal years according to the services provided each day or the number of days of service in each fiscal year.  Where this proration is not possible or practical, the invoice/billing will be paid from the funds of the fiscal year in which the services commence or, if such funds are not available, the invoice/billing will be paid from the current fiscal year funds and will be treated as a prior fiscal year payment for services rendered in the first fiscal year.

Section 190.20  Conditions/Term for Prior Fiscal Year Payments

If the Department receives valid billings for goods/services provided in a prior state fiscal year, the Department shall pay for those goods/services subject to the following conditions:

a)         Prior fiscal year payments must be limited to grant payments allowable under "An Act in relation to State finance" (Ill. Rev. Stat. 1983, ch. 127, par. 161).  Valid billings must be billings for which goods/services are provided under the Department's Chronic Renal Disease Program (77 Ill. Adm. Code 700), Hemophilia Program (77 Ill. Adm. Code 705), Rape Victims Assistance Program (77 Ill. Adm. Code 545), Perinatal Program (77 Ill. Adm. Code 640) or the Federal Women, Infant and Children (WIC) Supplemental Food Program.

b)         As always, current appropriation authority must be available to make the payment.  If the current appropriation(s) for the applicable program is (are) exhausted, then the payment must be held until new/supplemental appropriation authority becomes available.

c)         If the payment is to be made from federal funds, the applicable federal grant award must also have funds available to make the payment.  If the applicable federal grant award is exhausted or has been finalized and closed, further payments are prohibited.

d)         The invoice/billing for services rendered must be received by the Department within all applicable deadlines prescribed by program regulations, (vendor/grantee) agreements and contracts; however, the Department shall refuse to pay invoices/billings for services rendered more than twelve (12) months prior to the date the invoice is received by the Department.  The only exception to this policy will be for payment of monies due as a result of such actions as, but not limited to, Illinois Department of Public Health audits, Public Aid audits and prior year adjustments.

Section 190.30  Processing of Prior Fiscal Year Payments

a)         Assuming that invoices/billings received meet the conditions necessary for payment (outlined in Section 190.20), payments will be made in the order that billings are received by the Department, rather than use date of service or some other criteria for payment.

b)         During the three month lapse period (from July 1 through September 30), some programs will have the option of paying for prior years' services from either the lapsing appropriations or new (current) appropriation accounts.  In order to get maximum use of Department appropriations and avoid any possible delays in payment while the Department's new appropriation bill is being signed into law, valid prior fiscal year billings will be paid from lapsing appropriations until the end of the lapse period or the lapse period appropriations are exhausted.

c)         Payments for prior fiscal years services must be invoiced separately from payments for current fiscal years services.  Invoices/vouchers for prior fiscal years goods/services must indicate on the face of the invoice/voucher the prior fiscal year during which goods/services were rendered and the date(s) of service.  Such invoices/vouchers should be separated from current fiscal year invoices/vouchers for purposes of transmittal to the Department.  There shall also be a transmittal memorandum, note, etc., that clearly indicates that the invoices/vouchers are for services rendered in a prior state fiscal year.

Section 190.40  Court of Claims

a)         The Court of Claims cases which are currently in process will be handled in the same manner as Court of Claims cases were handled prior to the enactment of Public Act 83-99; however, if the claim is for services rendered in a state fiscal year in which the Department's appropriation (for that program) was exhausted, the claimant may submit a new invoice/voucher for payment.  If the new billing or invoice meets the criteria outlined in Section 190.20, the Department will pay the billing from current fiscal year appropriations and so notify the Attorney General as a part of the Agency report to the Attorney General.

b)         Henceforth, if a grantee submits an invoice/billing after the appropriation for the year in which the service was rendered has expired (or has been exhausted), the billing shall be processed in accordance with Sections 190.10 through 190.30.  If the grantee/vendor files a claim in the Court of Claims, however, the Department will prepare the required Agency report to the Attorney General so that such claim may be paid by the Court (assuming the lapsed appropriation for the year in which the service was rendered was not exhausted).