Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Illinois Compiled Statutes

 ILCS Listing   Public Acts  Search   Guide   Disclaimer

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

305 ILCS 5/5A-15

    (305 ILCS 5/5A-15)
    (Text of Section from P.A. 100-580)
    Sec. 5A-15. Protection of federal revenue.
    (a) If the federal Centers for Medicare and Medicaid Services finds that any federal upper payment limit applicable to the payments under this Article is exceeded then:
        (1) the payments under this Article that exceed the
    
applicable federal upper payment limit shall be reduced uniformly to the extent necessary to comply with the applicable federal upper payment limit; and
        (2) any assessment rate imposed under this Article
    
shall be reduced such that the aggregate assessment is reduced by the same percentage reduction applied in paragraph (1); and
        (3) any transfers from the Hospital Provider Fund
    
under Section 5A-8 shall be reduced by the same percentage reduction applied in paragraph (1).
    (b) Any payment reductions made under the authority granted in this Section are exempt from the requirements and actions under Section 5A-10.
    (c) If any payments made as a result of the requirements of this Article are subject to a disallowance, deferral, or adjustment of federal matching funds then:
        (1) the Department shall recoup the payments related
    
to those federal matching funds paid by the Department from the parties paid by the Department;
        (2) if the payments that are subject to a
    
disallowance, deferral, or adjustment of federal matching funds were made to MCOs, the Department shall recoup the payments related to the disallowance, deferral, or adjustment from the MCOs no sooner than the Department is required to remit federal matching funds to the Centers for Medicare and Medicaid Services or any other federal agency, and hospitals that received payments from the MCOs that were made with such disallowed, deferred, or adjusted federal matching funds must return those payments to the MCOs at least 10 business days before the MCOs are required to remit such payments to the Department; and
        (3) any assessment paid to the Department by
    
hospitals under this Article that is attributable to the payments that are subject to a disallowance, deferral, or adjustment of federal matching funds, shall be refunded to the hospitals by the Department.
    If an MCO is unable to recoup funds from a hospital for any reason, then the Department, upon written notice from an MCO, shall work in good faith with the MCO to mitigate losses associated with the lack of recoupment. Losses by an MCO shall not exceed 1% of the total payments distributed by the MCO to hospitals pursuant to the Hospital Assessment Program.
(Source: P.A. 100-580, eff. 3-12-18.)
 
    (Text of Section from P.A. 100-581)
    Sec. 5A-15. Protection of federal revenue.
    (a) If the federal Centers for Medicare and Medicaid Services finds that any federal upper payment limit applicable to the payments under this Article is exceeded then:
        (1) (i) if such finding is made before payments have
    
been issued, the payments under this Article and the increases in claims-based hospital payment rates specified under Section 14-12 of this Code, as authorized under this amendatory Act of the 100th General Assembly, that exceed the applicable federal upper payment limit shall be reduced uniformly to the extent necessary to comply with the applicable federal upper payment limit; or (ii) if such finding is made after payments have been issued, the payments under this Article that exceed the applicable federal upper payment limit shall be reduced uniformly to the extent necessary to comply with the applicable federal upper payment limit; and
        (2) any assessment rate imposed under this Article
    
shall be reduced such that the aggregate assessment is reduced by the same percentage reduction applied in paragraph (1); and
        (3) any transfers from the Hospital Provider Fund
    
under Section 5A-8 shall be reduced by the same percentage reduction applied in paragraph (1).
    (b) Any payment reductions made under the authority granted in this Section are exempt from the requirements and actions under Section 5A-10.
(Source: P.A. 100-581, eff. 3-12-18.)