Public Act 097-0871
 
SB3690 EnrolledLRB097 19413 JDS 64666 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The State Budget Law of the Civil Administrative 
Code of Illinois is amended  by changing Section 50-30 as 
follows:
 
    (15 ILCS 20/50-30)
    Sec. 50-30. Long-term care rebalancing. In light of the 
increasing demands confronting the State in meeting the needs 
of individuals utilizing long-term care services under the 
medical assistance program and any other long-term care related 
benefit program administered by the State, it is the intent of 
the General Assembly to address the needs of both the State and 
the individuals eligible for such services by cost effective 
and efficient means through the advancement of a long-term care 
rebalancing initiative. Notwithstanding any State law to the 
contrary, and subject to federal laws, regulations, and court 
decrees,  the following shall apply to the long-term care 
rebalancing initiative:
        (1) "Long-term care rebalancing", as used in this 
    Section, means removing barriers to community living for 
    people of all ages with disabilities and long-term 
    illnesses by offering individuals utilizing long-term care 
    services a reasonable array of options, in particular 
    adequate choices of community and institutional options, 
    to achieve a balance between the proportion of total 
    Medicaid long-term support expenditures used for 
    institutional services and those used for community-based 
    supports, taking into account the relative costs 
    associated with caring for medically compromised, frail 
    older adults who need institutional care and the costs 
    associated with providing support services to higher 
    functioning, less medically compromised older adults who 
    are able to live independently in the community.
        (2) Subject to the provisions of this Section, the 
    Governor shall create a unified budget report identifying 
    the budgets of all State agencies offering long-term care 
    services to persons in either institutional or community 
    settings, including the budgets of State-operated 
    facilities for persons with developmental disabilities 
    that shall include, but not be limited to, the following 
    service and financial data: 
            (A) A breakdown of long-term care services, 
        defined as institutional or community care, by the 
        State agency primarily responsible for administration 
        of the program. 
            (B) Actual and estimated enrollment, caseload, 
        service hours, or service days provided for long-term 
        care services described in a consistent format for 
        those services, for each of the following age groups:  
        older adults 65 years of age and older, younger adults 
        21 years of age through 64 years of age, and children 
        under 21 years of age. 
            (C) Funding sources for long-term care services. 
            (D) Comparison of service and expenditure data, by 
        services, both in aggregate and per person enrolled. 
        (3) For each fiscal year, the unified budget report 
    described in subdivision (2) shall be prepared with 
    reference to the prioritized outcomes for that fiscal year 
    contemplated by Sections 50-5 and 50-25 of this Code. 
        (4) Each State agency responsible for the 
    administration of long-term care services shall provide an 
    analysis of the progress being made by the agency to 
    transition persons from institutional to community 
    settings, where appropriate, as part of the State's 
    long-term care rebalancing initiative. 
        (5) The Governor may designate amounts set aside for 
    institutional services appropriated from the General 
    Revenue Fund or any other State fund that receives monies 
    for long-term care services to be transferred to all State 
    agencies responsible for the administration of 
    community-based long-term care programs, including, but 
    not limited to, community-based long-term care programs 
    administered by the Department of Healthcare and Family 
    Services, the Department of Human Services, and the 
    Department on Aging, provided that the Director of 
    Healthcare and Family Services first certifies that the 
    amounts being transferred are necessary for the purpose of 
    assisting persons in or at risk of being in institutional 
    care to transition to community-based settings, including 
    the financial data needed to prove the need for the 
    transfer of funds. The total amounts transferred shall not 
    exceed 4% in total of the amounts appropriated from the 
    General Revenue Fund or any other State fund that receives 
    monies for long-term care services for each fiscal year. A 
    notice of the fund transfer must be made to the General 
    Assembly and posted at a minimum on the Department of 
    Healthcare and Family Services website, the Governor's 
    Office of Management and Budget website, and any other 
    website the Governor sees fit. These postings shall serve 
    as notice to the General Assembly of the amounts to be 
    transferred. Notice shall be given at least 30 days prior 
    to transfer. 
        (6) This Section shall be liberally construed and 
    interpreted in a manner that allows the State to advance 
    its long-term care rebalancing initiatives. 

(Source: P.A. 96-1501, eff. 1-25-11.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.