Public Act 100-0501
 
HB0173 EnrolledLRB100 03844 KTG 13849 b



    AN ACT concerning public aid.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
    Section 5. The Illinois Public Aid Code is amended  by 
changing Section 5B-4 as follows:
 



    (305 ILCS 5/5B-4)  (from Ch. 23, par. 5B-4)



    Sec. 5B-4. Payment of assessment; penalty. 

    (a) The assessment imposed by Section 5B-2 shall be due and 
payable monthly, on the last State business day of the month 
for occupied bed days reported for the preceding third month 
prior to the month in which the tax is payable and due. A 
facility that has delayed payment due to the State's failure to 
reimburse for services rendered may request an extension on the 
due date for payment pursuant to subsection (b) and shall pay 
the assessment within 30 days of reimbursement by the 
Department.
The Illinois Department may provide that county 
nursing homes directed and
maintained pursuant to Section 
5-1005 of the Counties Code may meet their
assessment 
obligation by certifying to the Illinois Department that county

expenditures have been obligated for the operation of the 
county nursing
home in an amount at least equal to the amount 
of the assessment.

    (a-5) The Illinois Department shall provide for an 
electronic submission process for each long-term care facility 
to report at a minimum the number of occupied bed days of the 
long-term care facility for the reporting period and other 
reasonable information the Illinois Department requires for 
the administration of its responsibilities under this Code. 
Beginning July 1, 2013, a separate electronic submission shall 
be completed for each long-term care facility in this State 
operated by a long-term care provider. The Illinois Department 
shall prepare an assessment bill stating the amount due and 
payable each month and submit it to each long-term care 
facility via an electronic process. Each assessment payment 
shall be accompanied by a copy of the assessment bill sent to 
the long-term care facility by the Illinois Department. To the 
extent practicable, the Department shall coordinate the 
assessment reporting requirements with other reporting 
required of long-term care facilities.
    (b) The Illinois Department is authorized to establish

delayed payment schedules for long-term care providers that are

unable to make assessment payments when due under this Section

due to financial difficulties, as determined by the Illinois

Department. The Illinois Department may not deny a request for 
delay of payment of the assessment imposed under this Article 
if the long-term care provider has not been paid for services 
provided during the month on which the assessment is levied or 
the Medicaid managed care organization has not been paid by the 
State. 

    (c) If a long-term care provider fails to pay the full

amount of an assessment payment when due (including any 
extensions
granted under subsection (b)), there shall, unless 
waived by the
Illinois Department for reasonable cause, be 
added to the
assessment imposed by Section 5B-2 a
penalty 
assessment equal to the lesser of (i) 5% of the amount of
the 
assessment payment not paid on or before the due date plus 5% 
of the
portion thereof remaining unpaid on the last day of each 
month
thereafter or (ii) 100% of the assessment payment amount 
not paid on or
before the due date.  For purposes of this 
subsection, payments
will be credited first to unpaid 
assessment payment amounts (rather than
to penalty or 
interest), beginning with the most delinquent assessment 
payments. Payment cycles of longer than 60 days shall be one 
factor the Director takes into account in granting a waiver 
under this Section. 

    (c-5) If a long-term care facility fails to file its 
assessment bill with payment, there shall, unless waived by the 
Illinois Department for reasonable cause, be added to the 
assessment due a penalty assessment equal to 25% of the 
assessment due. After July 1, 2013, no penalty shall be 
assessed under this Section if the Illinois Department does not 
provide a process for the electronic submission of the 
information required by subsection (a-5). 
    (d) Nothing in this amendatory Act of 1993 shall be 
construed to prevent
the Illinois Department from collecting 
all amounts due under this Article
pursuant to an assessment 
imposed before the effective date of this amendatory
Act of 
1993.

    (e) Nothing in this amendatory Act of the 96th General 
Assembly shall be construed to prevent
the Illinois Department 
from collecting all amounts due under this Code
pursuant to an 
assessment, tax, fee, or penalty imposed before the effective 
date of this amendatory
Act of the 96th General Assembly. 
    (f) No installment of the  assessment imposed by Section 
5B-2 shall be due and payable until after the Department 
notifies the long-term care providers, in writing, that the 
payment methodologies to long-term care providers required 
under Section 5-5.4 of this Code have been approved by the 
Centers for Medicare and Medicaid Services of the U.S. 
Department of Health and Human Services and the waivers under 
42 CFR 433.68 for the assessment imposed by this Section, if 
necessary, have been granted by the Centers for Medicare and 
Medicaid Services of the U.S. Department of Health and Human 
Services. Upon notification to the Department of approval of 
the payment methodologies required under Section 5-5.4 of this 
Code and the waivers granted under 42 CFR 433.68, all 
installments otherwise due under Section 5B-4 prior to the date 
of notification shall be due and payable to the Department upon 
written direction from the Department within 90 days after 
issuance by the Comptroller of the payments required under 
Section 5-5.4 of this Code. 
(Source: P.A. 96-444, eff. 8-14-09; 96-1530, eff. 2-16-11; 
97-10, eff. 6-14-11; 97-403, eff. 1-1-12; 97-584, eff. 8-26-11; 
97-813, eff. 7-13-12.)