Public Act 102-0077
 
SB0110 EnrolledLRB102 11332 KTG 16665 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 5-5.2 as follows:
 
 

    (305 ILCS 5/5-5.2)  (from Ch. 23, par. 5-5.2)

 
    Sec. 5-5.2. Payment. 

    (a) All nursing facilities that are grouped pursuant to 
Section
5-5.1 of this Act shall receive the same rate of 
payment for similar
services.

    (b) It shall be a matter of State policy that the Illinois 
Department
shall utilize a uniform billing cycle throughout 
the State for the
long-term care providers.

    (c) Notwithstanding any other provisions of this Code, the 
methodologies for reimbursement of nursing services as 
provided under this Article shall no longer be applicable for 
bills payable for nursing services rendered on or after a new 
reimbursement system based on the Resource Utilization Groups 
(RUGs) has been fully operationalized, which shall take effect 
for services provided on or after January 1, 2014. 
    (d) The new nursing services reimbursement methodology 
utilizing RUG-IV 48 grouper model, which shall be referred to 
as the RUGs reimbursement system, taking effect January 1, 
2014, shall be based on the following:   
        (1)   The methodology shall be resident-driven, 
    facility-specific, and cost-based.   
        (2) Costs shall be annually rebased and case mix index 
    quarterly updated. The nursing services methodology will 
    be assigned to the Medicaid enrolled residents on record 
    as of 30 days prior to the beginning of the rate period in 
    the Department's Medicaid Management Information System 
    (MMIS) as present on the last day of the second quarter 
    preceding the rate period based upon the Assessment 
    Reference Date of the Minimum Data Set (MDS).  
        (3)   Regional wage adjustors based on the Health 
    Service Areas (HSA) groupings and adjusters in effect on 
    April 30, 2012 shall be included, except no adjuster shall 
    be lower than 1.0.  
        (4)   Case mix index shall be assigned to each resident 
    class based on the Centers for Medicare and Medicaid 
    Services staff time measurement study in effect on July 1, 
    2013, utilizing an index maximization approach.
        (5)   The pool of funds available for distribution by 
    case mix and the base facility rate shall be determined 
    using the formula contained in subsection (d-1). 
    (d-1)   Calculation of base year Statewide RUG-IV nursing 
base per diem rate. 
        (1)  Base rate spending pool shall be: 
            (A)   The base year resident days which are 
        calculated by multiplying the number of Medicaid 
        residents in each nursing home as indicated in the MDS 
        data defined in paragraph (4) by 365.
            (B)   Each facility's nursing component per diem in 
        effect on July 1, 2012 shall be multiplied by 
        subsection (A).
            (C)   Thirteen million is added to the product of 
        subparagraph (A) and subparagraph (B) to adjust for 
        the exclusion of nursing homes defined in paragraph 
        (5). 
        (2)  For each nursing home with Medicaid residents as 
    indicated by the MDS data defined in paragraph (4), 
    weighted days adjusted for case mix and regional wage 
    adjustment shall be calculated.  For each home this 
    calculation is the product of:
            (A)   Base year resident days as calculated in 
        subparagraph (A) of paragraph (1).
            (B)   The nursing home's regional wage adjustor 
        based on the Health Service Areas (HSA) groupings and 
        adjustors in effect on April 30, 2012.
            (C)   Facility weighted case mix which is the number 
        of Medicaid residents as indicated by the MDS data 
        defined in paragraph (4) multiplied by the associated 
        case weight for the RUG-IV 48 grouper model using 
        standard RUG-IV procedures for index maximization.
            (D)   The sum of the products calculated for each 
        nursing home in subparagraphs (A) through (C) above 
        shall be the base year case mix, rate adjusted 
        weighted days.
        (3)  The Statewide RUG-IV nursing base per diem rate:
            (A) on January 1, 2014 shall be the quotient of the 
        paragraph (1) divided by  the sum calculated under 
        subparagraph (D) of paragraph (2); and
            (B) on and after July 1, 2014, shall be the amount 
        calculated under subparagraph (A) of this paragraph 
        (3)  plus $1.76. 
        (4)  Minimum Data Set (MDS) comprehensive assessments 
    for Medicaid residents on the last day of the quarter used 
    to establish the base rate.
        (5)  Nursing facilities designated as of July 1, 2012 
    by the Department as "Institutions for Mental Disease" 
    shall be excluded from all calculations under this 
    subsection.  The data from these facilities shall not be 
    used in the computations described in paragraphs (1) 
    through (4) above  to establish the base rate. 
    (e) Beginning July 1, 2014, the Department shall allocate 
funding in the amount up to $10,000,000 for per diem add-ons to 
the RUGS methodology for dates of service on and after July 1, 
2014:
        (1) $0.63 for each resident who scores in I4200 
    Alzheimer's Disease or I4800 non-Alzheimer's Dementia.
        (2) $2.67 for each resident who scores either a "1" or 
    "2" in any items S1200A through S1200I and also scores in 
    RUG groups PA1, PA2, BA1, or BA2. 
    (e-1)   (Blank).
    (e-2) For dates of services beginning January 1, 2014, the 
RUG-IV nursing component per diem for a nursing home shall be 
the product of the statewide RUG-IV nursing base per diem 
rate, the facility average case mix index, and the regional 
wage adjustor.   Transition rates for services provided between 
January 1, 2014 and December 31, 2014 shall be as follows:
        (1)   The transition RUG-IV per diem nursing rate for 
    nursing homes whose rate calculated in this subsection 
    (e-2) is greater than the nursing component rate in effect 
    July 1, 2012 shall be paid the sum of:
            (A)   The nursing component rate in effect July 1, 
        2012; plus
            (B)   The difference of the RUG-IV nursing component 
        per diem calculated for the current quarter minus the 
        nursing component rate in effect July 1, 2012 
        multiplied by 0.88.
        (2)   The transition RUG-IV per diem nursing rate for 
    nursing homes whose rate calculated in this subsection 
    (e-2) is less than the nursing component rate in effect 
    July 1, 2012 shall be paid the sum of:
            (A)   The nursing component rate in effect July 1, 
        2012; plus
            (B)   The difference of the RUG-IV nursing component 
        per diem calculated for the current quarter minus the 
        nursing component rate in effect July 1, 2012 
        multiplied by 0.13. 
    (f)  Notwithstanding any other provision of this Code, on 
and after July 1, 2012, reimbursement rates associated with 
the nursing or support components of the current nursing 
facility rate methodology shall not increase beyond the level 
effective May 1, 2011 until a new reimbursement system based 
on the RUGs IV 48 grouper model has been fully 
operationalized.
    (g) Notwithstanding any other provision of this Code, on 
and after July 1, 2012, for facilities not designated by the 
Department of Healthcare and Family Services as "Institutions 
for Mental Disease", rates effective May 1, 2011 shall be 
adjusted as follows:
        (1) Individual nursing rates for residents classified 
    in RUG IV groups PA1, PA2, BA1, and BA2 during the quarter 
    ending March 31, 2012 shall be reduced by 10%;
        (2) Individual nursing rates for residents classified 
    in all other RUG IV groups shall be reduced by 1.0%;
        (3) Facility rates for the capital and support 
    components shall be reduced by 1.7%.
    (h) Notwithstanding any other provision of this Code, on 
and after July 1, 2012,  nursing facilities designated by the 
Department of Healthcare and Family Services as "Institutions 
for Mental Disease" and "Institutions for Mental Disease" that 
are facilities licensed under the Specialized Mental Health 
Rehabilitation Act of 2013 shall have the nursing, 
socio-developmental, capital, and support components of their 
reimbursement rate effective May 1, 2011 reduced in total by 
2.7%.
    (i) On and after July 1, 2014, the reimbursement rates for 
the support component of the nursing facility rate for 
facilities licensed under the Nursing Home Care Act as skilled 
or intermediate care facilities shall be the rate in effect on 
June 30, 2014 increased by 8.17%. 
    (j) Notwithstanding any other provision of law, subject to 
federal approval, effective July 1, 2019, sufficient funds 
shall be allocated for changes to rates for facilities 
licensed under the Nursing Home Care Act as skilled nursing 
facilities or intermediate care facilities for dates of 
services on and after July 1, 2019: (i) to establish a per diem 
add-on to the direct care per diem rate not to exceed 
$70,000,000 annually in the aggregate taking into account 
federal matching funds for the purpose of addressing the 
facility's unique staffing needs, adjusted quarterly and 
distributed by a weighted formula based on Medicaid bed days 
on the last day of the second quarter preceding the quarter for 
which the rate is being adjusted; and (ii) in   an amount not to 
exceed $170,000,000 annually in the aggregate taking into 
account federal matching funds to permit the support component 
of the nursing facility rate to be updated as follows:
        (1) 80%, or $136,000,000, of the funds shall be used 
    to update each facility's rate in effect on June 30, 2019 
    using the most recent cost reports on file, which have had 
    a limited review conducted by the Department of Healthcare 
    and Family Services and will not hold up enacting the rate 
    increase, with the Department of Healthcare and Family 
    Services and taking into account subsection (i). 
        (2) After completing the calculation in paragraph (1), 
    any facility whose rate is less than the rate in effect on 
    June 30, 2019 shall have its rate restored to the rate in 
    effect on June 30, 2019 from the 20%  of the funds set 
    aside. 
        (3) The remainder of the 20%, or $34,000,000, shall be 
    used to increase each facility's rate by an equal 
    percentage. 
    To implement item (i) in this subsection, facilities shall 
file quarterly reports documenting compliance with its 
annually approved staffing plan, which shall permit compliance 
with Section 3-202.05 of the Nursing Home Care Act.  A facility 
that fails to meet the benchmarks and dates contained in the 
plan may have its add-on adjusted in the quarter following the 
quarterly review. Nothing in this Section shall limit the 
ability of the facility to appeal a ruling of non-compliance 
and a subsequent reduction to the add-on. Funds adjusted for 
noncompliance shall be maintained in the Long-Term Care 
Provider Fund and accounted for separately.  At the end of each 
fiscal year, these funds shall be made available to facilities 
for special staffing projects. 
    In order to provide for the expeditious and timely

implementation of the provisions of Public Act 101-10 this 
amendatory Act of the
101st General Assembly, emergency rules 
to implement any provision of Public Act 101-10 this 
amendatory Act of the 101st General Assembly may be adopted in 
accordance with this subsection by the agency charged with 
administering that provision or
initiative. The agency shall 
simultaneously file emergency rules and permanent rules to 
ensure that there is no interruption in administrative 
guidance.  The 150-day limitation of the effective period of 
emergency rules does not apply to rules adopted under this

subsection, and the effective period may continue through
June 
30, 2021. The 24-month limitation on the adoption of
emergency 
rules does not apply to rules adopted under this
subsection. 
The adoption of emergency rules authorized by this subsection 
is deemed to be necessary for the public interest, safety, and 
welfare. 
    (k) (j) During the first quarter of State Fiscal Year 
2020, the Department of Healthcare of Family Services must 
convene a technical advisory group consisting of members of 
all trade associations representing Illinois skilled nursing 
providers to discuss changes necessary with federal 
implementation of Medicare's Patient-Driven Payment Model. 
Implementation of Medicare's Patient-Driven Payment Model 
shall, by September 1, 2020, end  the collection of the MDS data 
that is necessary to maintain the current RUG-IV Medicaid 
payment methodology. The technical advisory group must 
consider a revised reimbursement methodology that takes into 
account transparency, accountability, actual staffing as 
reported under the federally required Payroll Based Journal 
system, changes to the minimum wage, adequacy in coverage of 
the cost of care, and a quality component that rewards quality 
improvements.
(Source: P.A. 101-10, eff. 6-5-19; 101-348, eff. 8-9-19; 
revised 9-18-19.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.