Sen. Ira I. Silverstein
Filed: 5/15/2009
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 415




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    AMENDMENT NO. ______. Amend House Bill 415 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Illinois Public Aid Code is amended  by 
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adding Sections 5-5.4d and 5-5.4e as follows:
 
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    (305 ILCS 5/5-5.4d  new)
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    Sec. 5-5.4d. MDS payment methodology; quarterly rate 
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adjustments. On and after July 1, 2009, the nursing component 
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of the nursing facility medical assistance rate computed under 
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the Minimum Data Set (MDS) payment methodology shall be 
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calculated and adjusted quarterly.  The Department of 
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Healthcare and Family Services may adopt rules necessary to 
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implement this amendatory Act of the 96th General Assembly 
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through the use of emergency rulemaking in accordance with 
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Section 5-45 of the Illinois Administrative Procedure Act, 
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except that the 24-month limitation on the adoption of 
 


 






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


 






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the General Assembly finds that the adoption of rules to 
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implement this amendatory Act of the 96th General Assembly is 
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deemed an emergency and necessary for the public interest, 
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safety, and welfare.
 

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