SB2578 103RD GENERAL ASSEMBLY

LRB103 32328 KTG 61673 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2578

Introduced 5/9/2023, by Sen. Doris Turner

SYNOPSIS AS INTRODUCED:

305 ILCS 5/5-47 new

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, in accordance with federal guidance issued by the federal Centers for Medicare and Medicaid Services, the Department of Healthcare and Family Services shall exempt from electronic visit verification requirements all live-in caregivers who provide Medicaid-funded personal care services or home health care services under the Illinois Title XIX State Plan or a waiver of the plan, including personal care services and home health care services provided under various home and community-based services waiver programs authorized under the Social Security Act. Defines "live-in caregiver". Grants the Department rulemaking authority. Effective immediately.

A BILL FOR

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 Section 5-47 as follows:

(305 ILCS 5/5-47 new)

Sec. 5-47. Electronic visit verification system; live-in caregiver exemption. In accordance with federal guidance issued by the federal Centers for Medicare and Medicaid Services in its "CMCS Informational Bulletin" on August 8, 2019 that allows state Medicaid agencies to exempt live-in caregivers from the electronic visit verification requirements authorized under Section 12006(a) of the 21st Century Cures Act (Public Law 114-255), the Department of Healthcare and Family Services shall exempt from electronic visit verification requirements all live-in caregivers who provide Medicaid-funded personal care services or home health care services under the Illinois Title XIX State Plan or a waiver of the plan, including personal care services provided under Section 1905(a)(24), 1915(c), 1915(i), 1915(j), 1915(k), or 1115 of the Social Security Act, and home health care services provided under Section 1905(a)(7) of the Social Security Act or under a waiver or demonstration project authorized under the Social Security Act.

As used in this Section, "live-in caregiver" means a caregiver who permanently or for an extended period of time resides in the same residence as the individual receiving Medicaid-funded personal care services or home health care services. Live-in caregiver status shall be determined by meeting requirements established by the U.S. Department of Labor, Internal Revenue Service, or extenuating circumstances approved by the Department of Healthcare and Family Services.

The Department of Healthcare and Family Services may adopt any rules necessary to implement this provision, including rules on the form and manner in which a caregiver must verify that he or she meets the definition of "live in caregiver".

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