Public Act 096-0743
 		





HB0415 Enrolled
LRB096 03664 DRJ 13692 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 
adding Sections 5-5.4d and 5-5.4e as follows:
 
    (305 ILCS 5/5-5.4d  new)
    Sec. 5-5.4d. MDS payment methodology; quarterly rate 
adjustments. On and after July 1, 2009, the nursing component 
of the nursing facility medical assistance rate computed under 
the Minimum Data Set (MDS) payment methodology shall be 
calculated and adjusted quarterly.  The Department of 
Healthcare and Family Services may adopt rules necessary to 
implement this amendatory Act of the 96th General Assembly 
through the use of emergency rulemaking in accordance with 
Section 5-45 of the Illinois Administrative Procedure Act, 
except that the 24-month limitation on the adoption of 
emergency rules under Section 5-45 and the provisions of 
Sections 5-115 and 5-125 of that Act do not apply to rules 
adopted under this Section.  For purposes of that Act, the 
General Assembly finds that the adoption of rules to implement 
this amendatory Act of the 96th General Assembly is deemed an 
emergency and necessary for the public interest, safety, and 
welfare.
 
    (305 ILCS 5/5-5.4e  new)
    Sec. 5-5.4e. Nursing facilities; ventilator rates. On and 
after October 1, 2009, the Department of Healthcare and Family 
Services shall adopt rules to provide medical assistance 
reimbursement under this Article for the care of persons on 
ventilators in skilled nursing facilities licensed under the 
Nursing Home Care Act and certified to participate under the 
medical assistance program.  Accordingly, necessary amendments 
to the rules implementing the Minimum Data Set (MDS) payment 
methodology shall also be made to provide a separate per diem 
ventilator rate based on days of service.  The Department may 
adopt rules necessary to implement this amendatory Act of the 
96th General Assembly through the use of emergency rulemaking 
in accordance with Section 5-45 of the Illinois Administrative 
Procedure Act, except that the 24-month limitation on the 
adoption of emergency rules under Section 5-45 and the 
provisions of Sections 5-115 and 5-125 of that Act do not apply 
to rules adopted under this Section.  For purposes of that Act, 
the General Assembly finds that the adoption of rules to 
implement this amendatory Act of the 96th General Assembly is 
deemed an emergency and necessary for the public interest, 
safety, and welfare.
 

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