Rep. Sara Feigenholtz

Filed: 2/28/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4223

2    AMENDMENT NO. ______. Amend House Bill 4223 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Public Aid Code is amended by
5changing Section 5-5.01a as follows:
 
6    (305 ILCS 5/5-5.01a)
7    Sec. 5-5.01a. Supportive living facilities program.
8    (a) The Department shall establish and provide oversight
9for a program of supportive living facilities that seek to
10promote resident independence, dignity, respect, and
11well-being in the most cost-effective manner.
12    A supportive living facility is (i) either a free-standing
13facility or (ii) a distinct physical and operational entity
14within a mixed-use building that meets the criteria established
15in subsection (d) nursing facility. A supportive living
16facility integrates housing with health, personal care, and

 

 

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1supportive services and is a designated setting that offers
2residents their own separate, private, and distinct living
3units.
4    Sites for the operation of the program shall be selected by
5the Department based upon criteria that may include the need
6for services in a geographic area, the availability of funding,
7and the site's ability to meet the standards.
8    (b) Beginning July 1, 2014, subject to federal approval,
9the Medicaid rates for supportive living facilities shall be
10equal to the supportive living facility Medicaid rate effective
11on June 30, 2014 increased by 8.85%. Once the assessment
12imposed at Article V-G of this Code is determined to be a
13permissible tax under Title XIX of the Social Security Act, the
14Department shall increase the Medicaid rates for supportive
15living facilities effective on July 1, 2014 by 9.09%. The
16Department shall apply this increase retroactively to coincide
17with the imposition of the assessment in Article V-G of this
18Code in accordance with the approval for federal financial
19participation by the Centers for Medicare and Medicaid
20Services.
21    The Medicaid rates for supportive living facilities
22effective on July 1, 2017 must be equal to the rates in effect
23for supportive living facilities on June 30, 2017 increased by
242.8%.
25    (c) The Department may adopt rules to implement this
26Section. Rules that establish or modify the services,

 

 

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1standards, and conditions for participation in the program
2shall be adopted by the Department in consultation with the
3Department on Aging, the Department of Rehabilitation
4Services, and the Department of Mental Health and Developmental
5Disabilities (or their successor agencies).
6    (d) Subject to federal approval by the Centers for Medicare
7and Medicaid Services, the Department shall accept for
8consideration of certification under the program any
9application for a site or building where distinct parts of the
10site or building are designated for purposes other than the
11provision of supportive living services, but only if:
12        (1) those distinct parts of the site or building are
13    not designated for the purpose of providing assisted living
14    services as required under the Assisted Living and Shared
15    Housing Act;
16        (2) those distinct parts of the site or building are
17    completely separate from the part of the building used for
18    the provision of supportive living program services,
19    including separate entrances;
20        (3) those distinct parts of the site or building do not
21    share any common spaces with the part of the building used
22    for the provision of supportive living program services;
23    and
24        (4) those distinct parts of the site or building do not
25    share staffing with the part of the building used for the
26    provision of supportive living program services.

 

 

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1    (e) Facilities or distinct parts of facilities which are
2selected as supportive living facilities and are in good
3standing with the Department's rules are exempt from the
4provisions of the Nursing Home Care Act and the Illinois Health
5Facilities Planning Act.
6(Source: P.A. 100-23, eff. 7-6-17.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".