|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning State government.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Illinois Public Aid Code is amended by | ||||||
5 | changing Section 5-5.4 as follows: | ||||||
6 | (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
| ||||||
7 | Sec. 5-5.4. Standards of Payment - Department of Healthcare | ||||||
8 | and Family Services.
The Department of Healthcare and Family | ||||||
9 | Services shall develop standards of payment of skilled
nursing | ||||||
10 | and intermediate care services in facilities providing such | ||||||
11 | services
under this Article which:
| ||||||
12 | (1) Provide for the determination of a facility's payment
| ||||||
13 | for skilled nursing and intermediate care services on a | ||||||
14 | prospective basis.
The amount of the payment rate for all | ||||||
15 | nursing facilities certified by the
Department of Public Health | ||||||
16 | under the Nursing Home Care Act as Intermediate
Care for the | ||||||
17 | Developmentally Disabled facilities, Long Term Care for Under | ||||||
18 | Age
22 facilities, Skilled Nursing facilities, or Intermediate | ||||||
19 | Care facilities
under the
medical assistance program shall be | ||||||
20 | prospectively established annually on the
basis of historical, | ||||||
21 | financial, and statistical data reflecting actual costs
from | ||||||
22 | prior years, which shall be applied to the current rate year | ||||||
23 | and updated
for inflation, except that the capital cost element |
| |||||||
| |||||||
1 | for newly constructed
facilities shall be based upon projected | ||||||
2 | budgets. The annually established
payment rate shall take | ||||||
3 | effect on July 1 in 1984 and subsequent years. No rate
increase | ||||||
4 | and no
update for inflation shall be provided on or after July | ||||||
5 | 1, 1994 and before
July 1, 2009, unless specifically provided | ||||||
6 | for in this
Section.
The changes made by Public Act 93-841
| ||||||
7 | extending the duration of the prohibition against a rate | ||||||
8 | increase or update for inflation are effective retroactive to | ||||||
9 | July 1, 2004.
| ||||||
10 | For facilities licensed by the Department of Public Health | ||||||
11 | under the Nursing
Home Care Act as Intermediate Care for the | ||||||
12 | Developmentally Disabled facilities
or Long Term Care for Under | ||||||
13 | Age 22 facilities, the rates taking effect on July
1, 1998 | ||||||
14 | shall include an increase of 3%. For facilities licensed by the
| ||||||
15 | Department of Public Health under the Nursing Home Care Act as | ||||||
16 | Skilled Nursing
facilities or Intermediate Care facilities, | ||||||
17 | the rates taking effect on July 1,
1998 shall include an | ||||||
18 | increase of 3% plus $1.10 per resident-day, as defined by
the | ||||||
19 | Department. For facilities licensed by the Department of Public | ||||||
20 | Health under the Nursing Home Care Act as Intermediate Care | ||||||
21 | Facilities for the Developmentally Disabled or Long Term Care | ||||||
22 | for Under Age 22 facilities, the rates taking effect on January | ||||||
23 | 1, 2006 shall include an increase of 3%.
For facilities | ||||||
24 | licensed by the Department of Public Health under the Nursing | ||||||
25 | Home Care Act as Intermediate Care Facilities for the | ||||||
26 | Developmentally Disabled or Long Term Care for Under Age 22 |
| |||||||
| |||||||
1 | facilities, the rates taking effect on January 1, 2009 shall | ||||||
2 | include an increase sufficient to provide a $0.50 per hour wage | ||||||
3 | increase for non-executive staff.
| ||||||
4 | For facilities licensed by the Department of Public Health | ||||||
5 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
6 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
7 | Age 22 facilities, the rates taking
effect on July 1, 1999 | ||||||
8 | shall include an increase of 1.6% plus $3.00 per
resident-day, | ||||||
9 | as defined by the Department. For facilities licensed by the
| ||||||
10 | Department of Public Health under the Nursing Home Care Act as | ||||||
11 | Skilled Nursing
facilities or Intermediate Care facilities, | ||||||
12 | the rates taking effect on July 1,
1999 shall include an | ||||||
13 | increase of 1.6% and, for services provided on or after
October | ||||||
14 | 1, 1999, shall be increased by $4.00 per resident-day, as | ||||||
15 | defined by
the Department.
| ||||||
16 | For facilities licensed by the Department of Public Health | ||||||
17 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
18 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
19 | Age 22 facilities, the rates taking
effect on July 1, 2000 | ||||||
20 | shall include an increase of 2.5% per resident-day,
as defined | ||||||
21 | by the Department. For facilities licensed by the Department of
| ||||||
22 | Public Health under the Nursing Home Care Act as Skilled | ||||||
23 | Nursing facilities or
Intermediate Care facilities, the rates | ||||||
24 | taking effect on July 1, 2000 shall
include an increase of 2.5% | ||||||
25 | per resident-day, as defined by the Department.
| ||||||
26 | For facilities licensed by the Department of Public Health |
| |||||||
| |||||||
1 | under the
Nursing Home Care Act as skilled nursing facilities | ||||||
2 | or intermediate care
facilities, a new payment methodology must | ||||||
3 | be implemented for the nursing
component of the rate effective | ||||||
4 | July 1, 2003. The Department of Public Aid
(now Healthcare and | ||||||
5 | Family Services) shall develop the new payment methodology | ||||||
6 | using the Minimum Data Set
(MDS) as the instrument to collect | ||||||
7 | information concerning nursing home
resident condition | ||||||
8 | necessary to compute the rate. The Department
shall develop the | ||||||
9 | new payment methodology to meet the unique needs of
Illinois | ||||||
10 | nursing home residents while remaining subject to the | ||||||
11 | appropriations
provided by the General Assembly.
A transition | ||||||
12 | period from the payment methodology in effect on June 30, 2003
| ||||||
13 | to the payment methodology in effect on July 1, 2003 shall be | ||||||
14 | provided for a
period not exceeding 3 years and 184 days after | ||||||
15 | implementation of the new payment
methodology as follows:
| ||||||
16 | (A) For a facility that would receive a lower
nursing | ||||||
17 | component rate per patient day under the new system than | ||||||
18 | the facility
received
effective on the date immediately | ||||||
19 | preceding the date that the Department
implements the new | ||||||
20 | payment methodology, the nursing component rate per | ||||||
21 | patient
day for the facility
shall be held at
the level in | ||||||
22 | effect on the date immediately preceding the date that the
| ||||||
23 | Department implements the new payment methodology until a | ||||||
24 | higher nursing
component rate of
reimbursement is achieved | ||||||
25 | by that
facility.
| ||||||
26 | (B) For a facility that would receive a higher nursing |
| |||||||
| |||||||
1 | component rate per
patient day under the payment | ||||||
2 | methodology in effect on July 1, 2003 than the
facility | ||||||
3 | received effective on the date immediately preceding the | ||||||
4 | date that the
Department implements the new payment | ||||||
5 | methodology, the nursing component rate
per patient day for | ||||||
6 | the facility shall be adjusted.
| ||||||
7 | (C) Notwithstanding paragraphs (A) and (B), the | ||||||
8 | nursing component rate per
patient day for the facility | ||||||
9 | shall be adjusted subject to appropriations
provided by the | ||||||
10 | General Assembly.
| ||||||
11 | For facilities licensed by the Department of Public Health | ||||||
12 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
13 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
14 | Age 22 facilities, the rates taking
effect on March 1, 2001 | ||||||
15 | shall include a statewide increase of 7.85%, as
defined by the | ||||||
16 | Department.
| ||||||
17 | Notwithstanding any other provision of this Section, for | ||||||
18 | facilities licensed by the Department of Public Health under | ||||||
19 | the
Nursing Home Care Act as skilled nursing facilities or | ||||||
20 | intermediate care
facilities, the numerator of the ratio used | ||||||
21 | by the Department of Healthcare and Family Services to compute | ||||||
22 | the rate payable under this Section using the Minimum Data Set | ||||||
23 | (MDS) methodology shall incorporate the following annual | ||||||
24 | amounts as the additional funds appropriated to the Department | ||||||
25 | specifically to pay for rates based on the MDS nursing | ||||||
26 | component methodology in excess of the funding in effect on |
| |||||||
| |||||||
1 | December 31, 2006: | ||||||
2 | (i) For rates taking effect January 1, 2007, | ||||||
3 | $60,000,000. | ||||||
4 | (ii) For rates taking effect January 1, 2008, | ||||||
5 | $110,000,000. | ||||||
6 | (iii) For rates taking effect January 1, 2009, | ||||||
7 | $194,000,000. | ||||||
8 | Notwithstanding any other provision of this Section, for | ||||||
9 | facilities licensed by the Department of Public Health under | ||||||
10 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
11 | intermediate care facilities, the support component of the | ||||||
12 | rates taking effect on January 1, 2008 shall be computed using | ||||||
13 | the most recent cost reports on file with the Department of | ||||||
14 | Healthcare and Family Services no later than April 1, 2005, | ||||||
15 | updated for inflation to January 1, 2006. | ||||||
16 | Notwithstanding any other provision of this Section, for | ||||||
17 | facilities licensed by the Department of Public Health under | ||||||
18 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
19 | intermediate care facilities, the Department of Healthcare and | ||||||
20 | Family Services shall adjust the rate of any nursing facility | ||||||
21 | that participates in the Department of Public Health nursing | ||||||
22 | home conversion and bed reduction pilot program under | ||||||
23 | subsection (m) of Section 30 of the Older Adult Services Act so | ||||||
24 | that the nursing facility rate reflects adjustments | ||||||
25 | necessitated by the conversion activity. | ||||||
26 | For facilities licensed by the Department of Public Health |
| |||||||
| |||||||
1 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
2 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
3 | Age 22 facilities, the rates taking
effect on April 1, 2002 | ||||||
4 | shall include a statewide increase of 2.0%, as
defined by the | ||||||
5 | Department.
This increase terminates on July 1, 2002;
beginning | ||||||
6 | July 1, 2002 these rates are reduced to the level of the rates
| ||||||
7 | in effect on March 31, 2002, as defined by the Department.
| ||||||
8 | For facilities licensed by the Department of Public Health | ||||||
9 | under the
Nursing Home Care Act as skilled nursing facilities | ||||||
10 | or intermediate care
facilities, the rates taking effect on | ||||||
11 | July 1, 2001 shall be computed using the most recent cost | ||||||
12 | reports
on file with the Department of Public Aid no later than | ||||||
13 | April 1, 2000,
updated for inflation to January 1, 2001. For | ||||||
14 | rates effective July 1, 2001
only, rates shall be the greater | ||||||
15 | of the rate computed for July 1, 2001
or the rate effective on | ||||||
16 | June 30, 2001.
| ||||||
17 | Notwithstanding any other provision of this Section, for | ||||||
18 | facilities
licensed by the Department of Public Health under | ||||||
19 | the Nursing Home Care Act
as skilled nursing facilities or | ||||||
20 | intermediate care facilities, the Illinois
Department shall | ||||||
21 | determine by rule the rates taking effect on July 1, 2002,
| ||||||
22 | which shall be 5.9% less than the rates in effect on June 30, | ||||||
23 | 2002.
| ||||||
24 | Notwithstanding any other provision of this Section, for | ||||||
25 | facilities
licensed by the Department of Public Health under | ||||||
26 | the Nursing Home Care Act as
skilled nursing
facilities or |
| |||||||
| |||||||
1 | intermediate care facilities, if the payment methodologies | ||||||
2 | required under Section 5A-12 and the waiver granted under 42 | ||||||
3 | CFR 433.68 are approved by the United States Centers for | ||||||
4 | Medicare and Medicaid Services, the rates taking effect on July | ||||||
5 | 1, 2004 shall be 3.0% greater than the rates in effect on June | ||||||
6 | 30, 2004. These rates shall take
effect only upon approval and
| ||||||
7 | implementation of the payment methodologies required under | ||||||
8 | Section 5A-12.
| ||||||
9 | Notwithstanding any other provisions of this Section, for | ||||||
10 | facilities licensed by the Department of Public Health under | ||||||
11 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
12 | intermediate care facilities, the rates taking effect on | ||||||
13 | January 1, 2005 shall be 3% more than the rates in effect on | ||||||
14 | December 31, 2004.
| ||||||
15 | Notwithstanding any other provision of this Section, for | ||||||
16 | facilities licensed by the Department of Public Health under | ||||||
17 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
18 | intermediate care facilities, effective January 1, 2009, the | ||||||
19 | per diem support component of the rates effective on January 1, | ||||||
20 | 2008, computed using the most recent cost reports on file with | ||||||
21 | the Department of Healthcare and Family Services no later than | ||||||
22 | April 1, 2005, updated for inflation to January 1, 2006, shall | ||||||
23 | be increased to the amount that would have been derived using | ||||||
24 | standard Department of Healthcare and Family Services methods, | ||||||
25 | procedures, and inflators. | ||||||
26 | Notwithstanding any other provisions of this Section, for |
| |||||||
| |||||||
1 | facilities licensed by the Department of Public Health under | ||||||
2 | the Nursing Home Care Act as intermediate care facilities that | ||||||
3 | are federally defined as Institutions for Mental Disease, a | ||||||
4 | socio-development component rate equal to 6.6% of the | ||||||
5 | facility's nursing component rate as of January 1, 2006 shall | ||||||
6 | be established and paid effective July 1, 2006. The | ||||||
7 | socio-development component of the rate shall be increased by a | ||||||
8 | factor of 2.53 on the first day of the month that begins at | ||||||
9 | least 45 days after January 11, 2008 (the effective date of | ||||||
10 | Public Act 95-707). As of August 1, 2008, the socio-development | ||||||
11 | component rate shall be equal to 6.6% of the facility's nursing | ||||||
12 | component rate as of January 1, 2006, multiplied by a factor of | ||||||
13 | 3.53. The Illinois Department may by rule adjust these | ||||||
14 | socio-development component rates, but in no case may such | ||||||
15 | rates be diminished.
| ||||||
16 | For facilities
licensed
by the
Department of Public Health | ||||||
17 | under the Nursing Home Care Act as Intermediate
Care for
the | ||||||
18 | Developmentally Disabled facilities or as long-term care | ||||||
19 | facilities for
residents under 22 years of age, the rates | ||||||
20 | taking effect on July 1,
2003 shall
include a statewide | ||||||
21 | increase of 4%, as defined by the Department.
| ||||||
22 | For facilities licensed by the Department of Public Health | ||||||
23 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
24 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
25 | Age 22 facilities, the rates taking
effect on the first day of | ||||||
26 | the month that begins at least 45 days after the effective date |
| |||||||
| |||||||
1 | of this amendatory Act of the 95th General Assembly shall | ||||||
2 | include a statewide increase of 2.5%, as
defined by the | ||||||
3 | Department. | ||||||
4 | Notwithstanding any other provision of this Section, for | ||||||
5 | facilities licensed by the Department of Public Health under | ||||||
6 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
7 | intermediate care facilities, effective January 1, 2005, | ||||||
8 | facility rates shall be increased by the difference between (i) | ||||||
9 | a facility's per diem property, liability, and malpractice | ||||||
10 | insurance costs as reported in the cost report filed with the | ||||||
11 | Department of Public Aid and used to establish rates effective | ||||||
12 | July 1, 2001 and (ii) those same costs as reported in the | ||||||
13 | facility's 2002 cost report. These costs shall be passed | ||||||
14 | through to the facility without caps or limitations, except for | ||||||
15 | adjustments required under normal auditing procedures.
| ||||||
16 | Rates established effective each July 1 shall govern | ||||||
17 | payment
for services rendered throughout that fiscal year, | ||||||
18 | except that rates
established on July 1, 1996 shall be | ||||||
19 | increased by 6.8% for services
provided on or after January 1, | ||||||
20 | 1997. Such rates will be based
upon the rates calculated for | ||||||
21 | the year beginning July 1, 1990, and for
subsequent years | ||||||
22 | thereafter until June 30, 2001 shall be based on the
facility | ||||||
23 | cost reports
for the facility fiscal year ending at any point | ||||||
24 | in time during the previous
calendar year, updated to the | ||||||
25 | midpoint of the rate year. The cost report
shall be on file | ||||||
26 | with the Department no later than April 1 of the current
rate |
| |||||||
| |||||||
1 | year. Should the cost report not be on file by April 1, the | ||||||
2 | Department
shall base the rate on the latest cost report filed | ||||||
3 | by each skilled care
facility and intermediate care facility, | ||||||
4 | updated to the midpoint of the
current rate year. In | ||||||
5 | determining rates for services rendered on and after
July 1, | ||||||
6 | 1985, fixed time shall not be computed at less than zero. The
| ||||||
7 | Department shall not make any alterations of regulations which | ||||||
8 | would reduce
any component of the Medicaid rate to a level | ||||||
9 | below what that component would
have been utilizing in the rate | ||||||
10 | effective on July 1, 1984.
| ||||||
11 | (2) Shall take into account the actual costs incurred by | ||||||
12 | facilities
in providing services for recipients of skilled | ||||||
13 | nursing and intermediate
care services under the medical | ||||||
14 | assistance program.
| ||||||
15 | (3) Shall take into account the medical and psycho-social
| ||||||
16 | characteristics and needs of the patients.
| ||||||
17 | (4) Shall take into account the actual costs incurred by | ||||||
18 | facilities in
meeting licensing and certification standards | ||||||
19 | imposed and prescribed by the
State of Illinois, any of its | ||||||
20 | political subdivisions or municipalities and by
the U.S. | ||||||
21 | Department of Health and Human Services pursuant to Title XIX | ||||||
22 | of the
Social Security Act.
| ||||||
23 | The Department of Healthcare and Family Services
shall | ||||||
24 | develop precise standards for
payments to reimburse nursing | ||||||
25 | facilities for any utilization of
appropriate rehabilitative | ||||||
26 | personnel for the provision of rehabilitative
services which is |
| |||||||
| |||||||
1 | authorized by federal regulations, including
reimbursement for | ||||||
2 | services provided by qualified therapists or qualified
| ||||||
3 | assistants, and which is in accordance with accepted | ||||||
4 | professional
practices. Reimbursement also may be made for | ||||||
5 | utilization of other
supportive personnel under appropriate | ||||||
6 | supervision.
| ||||||
7 | (Source: P.A. 94-48, eff. 7-1-05; 94-85, eff. 6-28-05; 94-697, | ||||||
8 | eff. 11-21-05; 94-838, eff. 6-6-06; 94-964, eff. 6-28-06; | ||||||
9 | 95-12, eff. 7-2-07; 95-331, eff. 8-21-07; 95-707, eff. 1-11-08; | ||||||
10 | 95-744, eff. 7-18-08.)
| ||||||
11 | Section 10. The Older Adult Services Act is amended by | ||||||
12 | changing Section 30 as follows: | ||||||
13 | (320 ILCS 42/30)
| ||||||
14 | Sec. 30. Nursing home conversion program. | ||||||
15 | (a) The Department of Public Health, in collaboration with | ||||||
16 | the Department on Aging and the Department of Healthcare and | ||||||
17 | Family Services, shall establish a nursing home conversion | ||||||
18 | program. Start-up grants, pursuant to subsections (l) and (m) | ||||||
19 | of this Section, shall be made available to nursing homes as | ||||||
20 | appropriations permit as an incentive to reduce certified beds, | ||||||
21 | retrofit, and retool operations to meet new service delivery | ||||||
22 | expectations and demands. | ||||||
23 | (b) Grant moneys shall be made available for capital and | ||||||
24 | other costs related to: (1) the conversion of all or a part of |
| |||||||
| |||||||
1 | a nursing home to an assisted living establishment or a special | ||||||
2 | program or unit for persons with Alzheimer's disease or related | ||||||
3 | disorders licensed under the Assisted Living and Shared Housing | ||||||
4 | Act or a supportive living facility established under Section | ||||||
5 | 5-5.01a of the Illinois Public Aid Code; (2) the conversion of | ||||||
6 | multi-resident bedrooms in the facility into single-occupancy | ||||||
7 | rooms; and (3) the development of any of the services | ||||||
8 | identified in a priority service plan that can be provided by a | ||||||
9 | nursing home within the confines of a nursing home or | ||||||
10 | transportation services. Grantees shall be required to provide | ||||||
11 | a minimum of a 20% match toward the total cost of the project. | ||||||
12 | (c) Nothing in this Act shall prohibit the co-location of | ||||||
13 | services or the development of multifunctional centers under | ||||||
14 | subsection (f) of Section 20, including a nursing home offering | ||||||
15 | community-based services or a community provider establishing | ||||||
16 | a residential facility. | ||||||
17 | (d) A certified nursing home with at least 50% of its | ||||||
18 | resident population having their care paid for by the Medicaid | ||||||
19 | program is eligible to apply for a grant under this Section. | ||||||
20 | (e) Any nursing home receiving a grant under this Section | ||||||
21 | shall reduce the number of certified nursing home beds by a | ||||||
22 | number equal to or greater than the number of beds being | ||||||
23 | converted for one or more of the permitted uses under item (1) | ||||||
24 | or (2) of subsection (b). The nursing home shall retain the | ||||||
25 | Certificate of Need for its nursing and sheltered care beds | ||||||
26 | that were converted for 15 years. If the beds are reinstated by |
| |||||||
| |||||||
1 | the provider or its successor in interest, the provider shall | ||||||
2 | pay to the fund from which the grant was awarded, on an | ||||||
3 | amortized basis, the amount of the grant. The Department shall | ||||||
4 | establish, by rule, the bed reduction methodology for nursing | ||||||
5 | homes that receive a grant pursuant to item (3) of subsection | ||||||
6 | (b). | ||||||
7 | (f) Any nursing home receiving a grant under this Section | ||||||
8 | shall agree that, for a minimum of 10 years after the date that | ||||||
9 | the grant is awarded, a minimum of 50% of the nursing home's | ||||||
10 | resident population shall have their care paid for by the | ||||||
11 | Medicaid program. If the nursing home provider or its successor | ||||||
12 | in interest ceases to comply with the requirement set forth in | ||||||
13 | this subsection, the provider shall pay to the fund from which | ||||||
14 | the grant was awarded, on an amortized basis, the amount of the | ||||||
15 | grant. | ||||||
16 | (g) Before awarding grants, the Department of Public Health | ||||||
17 | shall seek recommendations from the Department on Aging and the | ||||||
18 | Department of Healthcare and Family Services. The Department of | ||||||
19 | Public Health shall attempt to balance the distribution of | ||||||
20 | grants among geographic regions, and among small and large | ||||||
21 | nursing homes. The Department of Public Health shall develop, | ||||||
22 | by rule, the criteria for the award of grants based upon the | ||||||
23 | following factors:
| ||||||
24 | (1) the unique needs of older adults (including those | ||||||
25 | with moderate and low incomes), caregivers, and providers | ||||||
26 | in the geographic area of the State the grantee seeks to |
| |||||||
| |||||||
1 | serve; | ||||||
2 | (2) whether the grantee proposes to provide services in | ||||||
3 | a priority service area; | ||||||
4 | (3) the extent to which the conversion or transition | ||||||
5 | will result in the reduction of certified nursing home beds | ||||||
6 | in an area with excess beds; | ||||||
7 | (4) the compliance history of the nursing home; and | ||||||
8 | (5) any other relevant factors identified by the | ||||||
9 | Department, including standards of need. | ||||||
10 | (h) A conversion funded in whole or in part by a grant | ||||||
11 | under this Section must not: | ||||||
12 | (1) diminish or reduce the quality of services | ||||||
13 | available to nursing home residents; | ||||||
14 | (2) force any nursing home resident to involuntarily | ||||||
15 | accept home-based or community-based services instead of | ||||||
16 | nursing home services; | ||||||
17 | (3) diminish or reduce the supply and distribution of | ||||||
18 | nursing home services in any community below the level of | ||||||
19 | need, as defined by the Department by rule; or | ||||||
20 | (4) cause undue hardship on any person who requires | ||||||
21 | nursing home care. | ||||||
22 | (i) The Department shall prescribe, by rule, the grant | ||||||
23 | application process. At a minimum, every application must | ||||||
24 | include: | ||||||
25 | (1) the type of grant sought; | ||||||
26 | (2) a description of the project; |
| |||||||
| |||||||
1 | (3) the objective of the project; | ||||||
2 | (4) the likelihood of the project meeting identified | ||||||
3 | needs; | ||||||
4 | (5) the plan for financing, administration, and | ||||||
5 | evaluation of the project; | ||||||
6 | (6) the timetable for implementation;
| ||||||
7 | (7) the roles and capabilities of responsible | ||||||
8 | individuals and organizations; | ||||||
9 | (8) documentation of collaboration with other service | ||||||
10 | providers, local community government leaders, and other | ||||||
11 | stakeholders, other providers, and any other stakeholders | ||||||
12 | in the community;
| ||||||
13 | (9) documentation of community support for the | ||||||
14 | project, including support by other service providers, | ||||||
15 | local community government leaders, and other | ||||||
16 | stakeholders; | ||||||
17 | (10) the total budget for the project;
| ||||||
18 | (11) the financial condition of the applicant; and | ||||||
19 | (12) any other application requirements that may be | ||||||
20 | established by the Department by rule.
| ||||||
21 | (j) A conversion project funded in whole or in part by a | ||||||
22 | grant under this Section is exempt from the requirements of the | ||||||
23 | Illinois Health Facilities Planning Act.
The Department of | ||||||
24 | Public Health, however, shall send to the Health Facilities | ||||||
25 | Planning Board a copy of each grant award made under this | ||||||
26 | Section. |
| |||||||
| |||||||
1 | (k) Applications for grants are public information, except | ||||||
2 | that nursing home financial condition and any proprietary data | ||||||
3 | shall be classified as nonpublic data.
| ||||||
4 | (l) The Department of Public Health may award grants from | ||||||
5 | the Long Term Care Civil Money Penalties Fund established under | ||||||
6 | Section 1919(h)(2)(A)(ii) of the Social Security Act and 42 CFR | ||||||
7 | 488.422(g) if the award meets federal requirements.
| ||||||
8 | (m) The Department of Public Health shall conduct a pilot | ||||||
9 | program for nursing home conversion projects.
The scope of the | ||||||
10 | projects included in this pilot program shall be limited to the | ||||||
11 | conversion of multi-resident bedrooms in a facility into | ||||||
12 | single-occupancy rooms.
The Department shall have the same | ||||||
13 | authority under this subsection, and facilities participating | ||||||
14 | in the pilot program shall have the same guarantees under this | ||||||
15 | subsection, as are otherwise available to the Department and | ||||||
16 | grantees under this Section. | ||||||
17 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
|