Sen. Ira I. Silverstein
Filed: 5/15/2009
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| 1 | AMENDMENT TO HOUSE BILL 415
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| 2 | AMENDMENT NO. ______. Amend House Bill 415 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Illinois Public Aid Code is amended by | ||||||
| 5 | adding Sections 5-5.4d and 5-5.4e as follows: | ||||||
| 6 | (305 ILCS 5/5-5.4d new) | ||||||
| 7 | Sec. 5-5.4d. MDS payment methodology; quarterly rate | ||||||
| 8 | adjustments. On and after July 1, 2009, the nursing component | ||||||
| 9 | of the nursing facility medical assistance rate computed under | ||||||
| 10 | the Minimum Data Set (MDS) payment methodology shall be | ||||||
| 11 | calculated and adjusted quarterly. The Department of | ||||||
| 12 | Healthcare and Family Services may adopt rules necessary to | ||||||
| 13 | implement this amendatory Act of the 96th General Assembly | ||||||
| 14 | through the use of emergency rulemaking in accordance with | ||||||
| 15 | Section 5-45 of the Illinois Administrative Procedure Act, | ||||||
| 16 | except that the 24-month limitation on the adoption of | ||||||
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| 1 | emergency rules under Section 5-45 and the provisions of | ||||||
| 2 | Sections 5-115 and 5-125 of that Act do not apply to rules | ||||||
| 3 | adopted under this Section. For purposes of that Act, the | ||||||
| 4 | General Assembly finds that the adoption of rules to implement | ||||||
| 5 | this amendatory Act of the 96th General Assembly is deemed an | ||||||
| 6 | emergency and necessary for the public interest, safety, and | ||||||
| 7 | welfare. | ||||||
| 8 | (305 ILCS 5/5-5.4e new) | ||||||
| 9 | Sec. 5-5.4e. Nursing facilities; ventilator rates. On and | ||||||
| 10 | after October 1, 2009, the Department of Healthcare and Family | ||||||
| 11 | Services shall adopt rules to provide medical assistance | ||||||
| 12 | reimbursement under this Article for the care of persons on | ||||||
| 13 | ventilators in skilled nursing facilities licensed under the | ||||||
| 14 | Nursing Home Care Act and certified to participate under the | ||||||
| 15 | medical assistance program. Accordingly, necessary amendments | ||||||
| 16 | to the rules implementing the Minimum Data Set (MDS) payment | ||||||
| 17 | methodology shall also be made to provide a separate per diem | ||||||
| 18 | ventilator rate based on days of service. The Department may | ||||||
| 19 | adopt rules necessary to implement this amendatory Act of the | ||||||
| 20 | 96th General Assembly through the use of emergency rulemaking | ||||||
| 21 | in accordance with Section 5-45 of the Illinois Administrative | ||||||
| 22 | Procedure Act, except that the 24-month limitation on the | ||||||
| 23 | adoption of emergency rules under Section 5-45 and the | ||||||
| 24 | provisions of Sections 5-115 and 5-125 of that Act do not apply | ||||||
| 25 | to rules adopted under this Section. For purposes of that Act, | ||||||
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| 1 | the General Assembly finds that the adoption of rules to | ||||||
| 2 | implement this amendatory Act of the 96th General Assembly is | ||||||
| 3 | deemed an emergency and necessary for the public interest, | ||||||
| 4 | safety, and welfare.
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| 5 | Section 99. Effective date. This Act takes effect upon | ||||||
| 6 | becoming law.".
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