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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Mental Health and Developmental | ||||||
5 | Disabilities Administrative Act is amended by changing | ||||||
6 | Sections 18.4 and 18.5 as follows:
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7 | (20 ILCS 1705/18.4)
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8 | Sec. 18.4. Community Mental Health Medicaid Trust Fund; | ||||||
9 | reimbursement.
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10 | (a) The Community Mental Health Medicaid Trust Fund is | ||||||
11 | hereby created
in the State Treasury.
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12 | (b) Amounts
paid to the State during each State fiscal year | ||||||
13 | by the federal government under Title XIX
or Title XXI of the | ||||||
14 | Social Security Act for services delivered by community
mental | ||||||
15 | health providers, and any interest earned thereon, shall be
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16 | deposited 100% into the Community Mental Health Medicaid Trust | ||||||
17 | Fund. Not more than $4,500,000 of the Community Mental Health | ||||||
18 | Medicaid Trust Fund may be used by the Department of Human | ||||||
19 | Services' Division of Mental Health for oversight and | ||||||
20 | administration of community mental health services, and of that | ||||||
21 | amount no more than $1,000,000 may be used for the support of | ||||||
22 | community mental health service initiatives. The remainder | ||||||
23 | shall be used for the purchase of community mental health |
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1 | services. as follows: | ||||||
2 | (1) The first $75,000,000 shall be deposited directly | ||||||
3 | into the Community Mental Health Medicaid Trust Fund to be | ||||||
4 | used for the purchase of community mental health services; | ||||||
5 | (2) The next $4,500,000 shall be deposited directly | ||||||
6 | into the Community Mental Health Medicaid Trust Fund to be | ||||||
7 | used by the Department of Human Services' Division of | ||||||
8 | Mental Health for the oversight and administration of | ||||||
9 | community mental health services and up to $1,000,000 of | ||||||
10 | this amount may be used for support of community mental | ||||||
11 | health service initiatives; | ||||||
12 | (3) The next $3,500,000 shall be deposited directly | ||||||
13 | into the General Revenue Fund;
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14 | (4) Any additional amounts shall be deposited into the | ||||||
15 | Community Mental Health Medicaid Trust Fund to be used for | ||||||
16 | the purchase of community mental health services.
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17 | (c) The Department shall reimburse community mental health
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18 | providers for
services provided to eligible
individuals. | ||||||
19 | Moneys in the Community Mental Health Medicaid Trust Fund may | ||||||
20 | be
used for that purpose.
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21 | (c-5) The Community Mental Health Medicaid Trust Fund is | ||||||
22 | not subject to administrative charge-backs. | ||||||
23 | (c-10) The Department of Human Services shall annually | ||||||
24 | report to the Governor and the General Assembly, by September | ||||||
25 | 1, on both the total revenue deposited into the Trust Fund and | ||||||
26 | the total expenditures made from the Trust Fund for the |
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1 | previous fiscal year. This report shall include detailed | ||||||
2 | descriptions of both revenues and expenditures regarding the | ||||||
3 | Trust Fund from the previous fiscal year. This report shall be | ||||||
4 | presented by the Secretary of Human Services to the appropriate | ||||||
5 | Appropriations Committee in the House of Representatives, as | ||||||
6 | determined by the Speaker of the House, and in the Senate, as | ||||||
7 | determined by the President of the Senate. This report shall be | ||||||
8 | made available to the public and shall be published on the | ||||||
9 | Department of Human Services' website in an appropriate | ||||||
10 | location, a minimum of one week prior to presentation of the | ||||||
11 | report to the General Assembly. | ||||||
12 | (d) As used in this Section:
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13 | "Trust Fund" means the Community Mental Health Medicaid | ||||||
14 | Trust Fund. | ||||||
15 | "Community mental health provider" means a community | ||||||
16 | agency that is funded by the Department to
provide a service.
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17 | "Service" means a mental health service
provided pursuant | ||||||
18 | to the provisions of administrative rules adopted by the | ||||||
19 | Department and funded by the Department of Human Services' | ||||||
20 | Division of Mental Health.
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21 | (Source: P.A. 94-58, eff. 6-17-05; 94-839, eff. 6-6-06; 95-707, | ||||||
22 | eff. 1-11-08.)
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23 | (20 ILCS 1705/18.5) | ||||||
24 | Sec. 18.5. Community Developmental Disability Services | ||||||
25 | Medicaid Trust Fund; reimbursement. |
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1 | (a) The Community Developmental Disability Services | ||||||
2 | Medicaid Trust Fund is hereby created in the State treasury.
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3 | (b) Except as provided in subsection (b-5), any funds in | ||||||
4 | excess of $16,700,000 in any fiscal year paid to the State by | ||||||
5 | the federal government under Title XIX or Title XXI of the | ||||||
6 | Social Security Act for services delivered by community | ||||||
7 | developmental disability services providers for services | ||||||
8 | relating to Developmental Training and Community Integrated | ||||||
9 | Living Arrangements as a result of the conversion of such | ||||||
10 | providers from a grant payment methodology to a fee-for-service | ||||||
11 | payment methodology, or any other funds paid to the State for | ||||||
12 | any subsequent revenue maximization initiatives performed by | ||||||
13 | such providers, and any interest earned thereon, shall be | ||||||
14 | deposited directly into the Community Developmental Disability | ||||||
15 | Services Medicaid Trust Fund . One-third of this amount shall be | ||||||
16 | used only to pay for Medicaid-reimbursed community | ||||||
17 | developmental disability services provided to eligible | ||||||
18 | individuals , and the remainder shall be transferred to the | ||||||
19 | General Revenue Fund . | ||||||
20 | (b-5) Beginning in State fiscal year 2008, any funds paid | ||||||
21 | to the State by the federal government under Title XIX or Title | ||||||
22 | XXI of the Social Security Act for services delivered through | ||||||
23 | the Children's Residential Waiver and the Children's In-Home | ||||||
24 | Support Waiver shall be deposited directly into the Community | ||||||
25 | Developmental Disability Services Medicaid Trust Fund and | ||||||
26 | shall not be subject to the transfer provisions of subsection |
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1 | (b). | ||||||
2 | (b-10) The Community Developmental Disability Services | ||||||
3 | Medicaid Trust Fund is not subject to administrative | ||||||
4 | charge-backs. | ||||||
5 | (b-15) The Department of Human Services shall annually | ||||||
6 | report to the Governor and the General Assembly, by September | ||||||
7 | 1, on both the total revenue deposited into the Trust Fund and | ||||||
8 | the total expenditures made from the Trust Fund for the | ||||||
9 | previous fiscal year. This report shall include detailed | ||||||
10 | descriptions of both revenues and expenditures regarding the | ||||||
11 | Trust Fund from the previous fiscal year. This report shall be | ||||||
12 | presented by the Secretary of Human Services to the appropriate | ||||||
13 | Appropriations Committee in the House of Representatives, as | ||||||
14 | determined by the Speaker of the House, and in the Senate, as | ||||||
15 | determined by the President of the Senate. This report shall be | ||||||
16 | made available to the public and shall be published on the | ||||||
17 | Department of Human Services' website in an appropriate | ||||||
18 | location, a minimum of one week prior to presentation of the | ||||||
19 | report to the General Assembly. | ||||||
20 | (c) For purposes of this Section: | ||||||
21 | "Trust Fund" means the Community Developmental Disability | ||||||
22 | Services Medicaid Trust Fund. | ||||||
23 | "Medicaid-reimbursed developmental disability services" | ||||||
24 | means services provided by a community developmental | ||||||
25 | disability provider under an agreement with the Department that | ||||||
26 | is eligible for reimbursement under the federal Title XIX |
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1 | program or Title XXI program. | ||||||
2 | "Provider" means a qualified entity as defined in the | ||||||
3 | State's Home and
Community-Based Services Waiver for Persons | ||||||
4 | with Developmental Disabilities that is funded by the | ||||||
5 | Department to provide a Medicaid-reimbursed service. | ||||||
6 | "Revenue maximization alternatives" do not include | ||||||
7 | increases in
funds paid to the State as a result of growth in | ||||||
8 | spending through service expansion or
rate increases.
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9 | (Source: P.A. 95-707, eff. 1-11-08.)
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
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