Section 153.100  Reimbursement for Long Term Care Services

a)         Notwithstanding the provisions set forth in 89 Ill. Adm. Code 140, 144 and 147 for reimbursement of long term care services, effective January 18, 1994, reimbursement rates for long term care facilities (SNF/ICF and ICF/MR) and day training providers will remain at the levels in effect on January 18, 1994, except as otherwise provided in this Section.

b)         Capital and support rates in effect on January 18, 1994, will be adjusted based on final audits of cost report data in accordance with 89 Ill. Adm. Code 140.582(b) and 140.590.

c)         Capital rates will be increased for major capital improvements in accordance with 89 Ill. Adm. Code 140.560(c) and (e).

d)         New facilities which are assigned median rates in accordance with 89 Ill. Adm. Code 140.560(b) will have rates recalculated based upon receipt of their first cost report and 89 Ill. Adm. Code 147.150.

e)         Requests for IOCs upon which rate determinations are based upon a Medicaid resident being transferred from a State operated facility for persons with developmental disabilities to a community setting will be considered on a case-by-case basis.

f)         Fiscal year 1996 support rates may change based on the first cost report filed by new ownership reflecting six months or more of the new ownership's operation  for any facility which changed ownership between July 1, 1992, and January 18, 1994.  Only changes in ownership in arms-length transactions between unrelated parties will be recognized for this rate change. The new support rate for those facilities will be calculated in accordance with 89 Ill. Adm. Code 140.560 and 140.561.  Support rates for facilities which qualify under this exception will not be decreased by the provisions in this Section.  The capital rates of facilities which changed ownership between July 1, 1992, and January 18, 1994, will not be subject to changes in the capital rate based on the provisions of 89 Ill. Adm. Code 140.571(b)(4), but can still be affected by the provisions of subsection (d) of this Section.

g)         For those for-profit facilities whose fiscal year 1994 capital rate does not include a real estate tax component because it is based upon a non-profit facility's cost report, effective July 1, 1995, the real estate tax component will be added to the capital rate based upon the fiscal year 1994 median real estate tax rate for the geographic area in which the home is located.

h)         For any capital rate increases for real estate tax additions made after December 31, 2011, a non-profit facility that changes ownership and the new owner is a for-profit facility, the facility must request in writing the real estate tax component be added to the capital rate.  The request shall include the "Notice of Assessment" or the first real estate tax bill from the applicable county.  The information from the county must indicate the initial date of tax assessment on the long term care facility site and building.  In order to provide for efficient, accurate and timely rate adjustments, the facility shall submit its request within two years after the change in ownership date.  The real estate tax component shall be added to the new owner's rate effective with the date of initial tax assessment determined by the county that was included in the facility's request.  The effective date cannot go back beyond the change of ownership date as recognized by IDPH.  The real estate tax component will be added at the geographic area median tax rate in effect for the month in which the real estate tax becomes effective.  If the request is not received by the Department within two years after the IDPH change in ownership date, the real estate tax component shall be added effective the first day after the month subsequent to receipt of the facility's completed request.

i)          For those non-profit facilities whose fiscal year 1994 capital rate includes a real estate tax component based upon a for-profit facility's cost report, effective July 1, 1995, the real estate tax component of the capital rate will be removed (unless the non-profit facility rents the home from an unrelated for-profit entity).

j)          If a for-profit facility changes ownership on or after July 1, 1995, and the new owner is a non-profit facility, the real estate tax component will be removed from the capital rate effective with the date of change in ownership as recognized by the Illinois Department of Public Health.  The real estate tax component will not be removed for a non-profit facility that rents the facility from an unrelated for-profit entity.

k)         The flat per diem paid to ICFs/MR to cover the cost of non-emergency dental services pursuant to 89 Ill. Adm. Code 144.275 and 144.300 will be increased from $.30 to $.40.

l)          Day training provider rates shall be increased by three percent for services provided on or after July 1, 1996.

m)        Effective for services provided on or after July 1, 1996, facilities which are located in an area which has changed geographic designation due to unique labor force factors shall have rates recalculated based upon the ceilings and norms of the newly designated geographic area.

n)         Long term care facilities that have been assigned a median tax rate on the basis of geographic area in accordance with 89 Ill. Adm. Code 140.560(b) and subsections (g) and (h) of this Section shall subsequently have those rates recalculated based upon the first full tax bill received by that facility.  The revised rate will be the greater of the recalculated rate or the rate in effect from the aforementioned Section and subsections.  Rates revised in accordance with this subsection shall result in payments retroactive to the applicable effective date of the updated rate.  The updated rate will be effective the first day of the month subsequent to receipt by the Department of the facility's completed request.  The facility shall request in writing that its tax rate be updated with the first full tax bill.  This tax bill must be included with the request made to the Department.  In order to calculate the potential tax rate, the real estate tax from the first full tax bill for the long term care property will be divided by the greater of the annualized capital days (see 89 Ill. Adm. Code 140.570(b)(3)) from the cost report used to calculate the remainder of the capital rate in accordance with 89 Ill. Adm. Code 140.570 through 140.574, or 93 percent of annualized bed days based upon the number of licensed beds available at the end of the period covered by the tax bill.  No inflation factor will be used for this calculation.

o)         Interim IOCs may be conducted in an ICF/MR, at the facility's written request, if there has been a change in the resident population of at least 25 percent since the last IOC used to set the rate.  A facility is limited to one request in any 12 month period.  The rate effective date will be the first day of the month following the month of the facility's written request. The written request must contain documentation supporting the change in the resident population.

p)         Interim IOCs may be conducted for developmental training services when the population of an ICF/MR changes by at least 25 percent since the last IOC used to set the rate.  The ICF/MR is limited to one request in any 12 month period.  The rate effective date will be the first day of the month following the month of the facility's written request.  Documentation must be submitted supporting the change in the resident population.

q)         Rates shall be adjusted for an ICF/MR entering into a downsizing agreement with the Department of Human Services, under the provisions of 89 Ill. Adm. Code 140.560, with the rate effective on the date a benchmark for such downsizing is achieved.

r)          For an ICF/MR with 16 or fewer licensed beds, rate changes shall be made in the program active treatment rate component to reflect an increase of 13 hours of base nursing and nurse supervision for administration of medication by unlicensed direct service staff, effective for services provided on or after January 1, 2000.

s)         The nursing component of a nursing facility's per diem shall be adjusted in accordance with 89 Ill. Adm. Code 147.150.

t)          Effective for any capital rates calculated with an effective date of July 1, 2006 or later, the capital rates shall be adjusted based upon audits of cost report data in accordance with the updates and clarifications contained in 89 Ill. Adm. Code 140.534 and 140.560.

(Source:  Amended at 36 Ill. Reg. 17405, effective December 1, 2012)