96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3144


 
Introduced 2/9/2010, by Sen. Ira I. Silverstein
 
SYNOPSIS AS INTRODUCED:
 		





 










305 ILCS 5/5B-1
  from Ch. 23, par. 5B-1


305 ILCS 5/5E-5










     Amends the Illinois Public Aid Code. Eliminates facilities licensed under the MR/DD Community Care Act from the definition of "long-term care facility" in the Long-Term Care Provider Funding Article of the Code. Eliminates facilities licensed under the MR/DD Community Care Act from the definition of "nursing home" in the Nursing Home License Fee Article of the Code. Effective immediately.
  















LRB096 18173 KTG 33548 b

















 


 


A BILL FOR









 




  






SB3144

LRB096 18173 KTG 33548 b





  
1
    AN ACT concerning public aid.
  
 
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 Sections 5B-1 and 5E-5 as follows:
 


6
    (305 ILCS 5/5B-1)  (from Ch. 23, par. 5B-1)



7
    (Text of Section before amendment by P.A. 96-339)

8
    Sec. 5B-1. Definitions. As used in this Article, unless the

9
context requires otherwise:

10
    "Fund" means the Long-Term Care Provider Fund.

11
    "Long-term care facility" means (i) a skilled nursing or 
12
intermediate
long term care facility, whether
public or private 
13
and whether organized for profit or
not-for-profit, that is 
14
subject to licensure by the Illinois Department
of Public 
15
Health under the Nursing Home Care Act, including a
county 
16
nursing home directed and maintained under Section
5-1005 of 
17
the Counties Code, and (ii) a part of a hospital in
which 
18
skilled or intermediate long-term care services within the

19
meaning of Title XVIII or XIX of the Social Security Act are

20
provided; except that the term "long-term care facility" does

21
not include a facility operated solely as an intermediate care

22
facility for the mentally retarded within the meaning of Title

23
XIX of the Social Security Act.

 


 






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1
    "Long-term care provider" means (i) a person licensed
by 
2
the Department of Public Health to operate and maintain a

3
skilled nursing or intermediate long-term care facility or (ii) 
4
a hospital provider that
provides skilled or intermediate 
5
long-term care services within
the meaning of Title XVIII or 
6
XIX of the Social Security Act.
For purposes of this paragraph, 
7
"person" means any political
subdivision of the State, 
8
municipal corporation, individual,
firm, partnership, 
9
corporation, company, limited liability
company, association, 
10
joint stock association, or trust, or a
receiver, executor, 
11
trustee, guardian, or other representative
appointed by order 
12
of any court. "Hospital provider" means a
person licensed by 
13
the Department of Public Health to conduct,
operate, or 
14
maintain a hospital.

15
    "Occupied bed days" shall be computed separately for
each 
16
long-term care facility operated or maintained by a long-term

17
care provider, and means the sum for all beds of the number
of 
18
days during the year on which each bed is occupied by a

19
resident (other than a resident receiving care at an 
20
intermediate
care facility for the mentally retarded within the 
21
meaning of
Title XIX of the Social Security Act).

22
    "Intergovernmental transfer payment" means the payments

23
established under Section 15-3 of this Code, and includes 
24
without
limitation payments payable under that Section for 
25
July, August, and
September of 1992.

26
(Source: P.A. 87-861.)

 
 


 






SB3144
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LRB096 18173 KTG 33548 b




1
    (Text of Section after amendment by P.A. 96-339)

2
    Sec. 5B-1. Definitions. As used in this Article, unless the

3
context requires otherwise:

4
    "Fund" means the Long-Term Care Provider Fund.

5
    "Long-term care facility" means (i) a skilled nursing or 
6
intermediate
long term care facility, whether
public or private 
7
and whether organized for profit or
not-for-profit, that is 
8
subject to licensure by the Illinois Department
of Public 
9
Health under the Nursing Home Care Act or the MR/DD Community 
10
Care Act, including a
county nursing home directed and 
11
maintained under Section
5-1005 of the Counties Code, and (ii) 
12
a part of a hospital in
which skilled or intermediate long-term 
13
care services within the
meaning of Title XVIII or XIX of the 
14
Social Security Act are
provided; except that the term 
15
"long-term care facility" does
not include a facility operated 
16
solely as an intermediate care
facility for the mentally 
17
retarded within the meaning of Title
XIX of the Social Security 
18
Act.

19
    "Long-term care provider" means (i) a person licensed
by 
20
the Department of Public Health to operate and maintain a

21
skilled nursing or intermediate long-term care facility or (ii) 
22
a hospital provider that
provides skilled or intermediate 
23
long-term care services within
the meaning of Title XVIII or 
24
XIX of the Social Security Act.
For purposes of this paragraph, 
25
"person" means any political
subdivision of the State, 
 


 






SB3144
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1
municipal corporation, individual,
firm, partnership, 
2
corporation, company, limited liability
company, association, 
3
joint stock association, or trust, or a
receiver, executor, 
4
trustee, guardian, or other representative
appointed by order 
5
of any court. "Hospital provider" means a
person licensed by 
6
the Department of Public Health to conduct,
operate, or 
7
maintain a hospital.

8
    "Occupied bed days" shall be computed separately for
each 
9
long-term care facility operated or maintained by a long-term

10
care provider, and means the sum for all beds of the number
of 
11
days during the year on which each bed is occupied by a

12
resident (other than a resident receiving care at an 
13
intermediate
care facility for the mentally retarded within the 
14
meaning of
Title XIX of the Social Security Act).

15
    "Intergovernmental transfer payment" means the payments

16
established under Section 15-3 of this Code, and includes 
17
without
limitation payments payable under that Section for 
18
July, August, and
September of 1992.

19
(Source: P.A. 96-339, eff. 7-1-10.)

 


20
    (305 ILCS 5/5E-5)



21
    (Text of Section before amendment by P.A. 96-339)

22
    Sec. 5E-5. Definitions. As used in this Article, unless the

23
context requires otherwise:

24
    "Nursing home" means (i) a skilled nursing or intermediate 
25
long-term care
facility, whether public or private and whether 
 


 






SB3144
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LRB096 18173 KTG 33548 b




1
organized for profit or
not-for-profit, that is subject to 
2
licensure by the Illinois Department
of Public Health under the 
3
Nursing Home Care Act, including a
county nursing home directed 
4
and maintained under Section
5-1005 of the Counties Code, and 
5
(ii) a part of a hospital in
which skilled or intermediate 
6
long-term care services within the
meaning of Title XVIII or 
7
XIX of the Social Security Act are
provided; except that the 
8
term "nursing home" does not include a facility
operated solely 
9
as an intermediate care facility for the mentally retarded

10
within the meaning of Title XIX of the Social Security Act.

11
    "Nursing home provider" means (i) a person licensed
by the 
12
Department of Public Health to operate and maintain a
skilled 
13
nursing or intermediate long-term care facility which charges 
14
its
residents, a third party payor, Medicaid, or Medicare for 
15
skilled nursing or
intermediate long-term care services, or 
16
(ii) a hospital provider that
provides skilled or intermediate 
17
long-term care services within
the meaning of Title XVIII or 
18
XIX of the Social Security Act.
For purposes of this paragraph, 
19
"person" means any political
subdivision of the State, 
20
municipal corporation, individual,
firm, partnership, 
21
corporation, company, limited liability
company, association, 
22
joint stock association, or trust, or a
receiver, executor, 
23
trustee, guardian, or other representative
appointed by order 
24
of any court.  "Hospital provider" means a
person licensed by 
25
the Department of Public Health to conduct,
operate, or 
26
maintain a hospital.

 


 






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1
    "Licensed bed days" shall be computed separately for each 
2
nursing home
operated or maintained by a nursing home provider 
3
and means, with respect to a
nursing home provider, the sum for 
4
all nursing home beds of the number of days
during a calendar 
5
quarter on which each bed is covered by a license issued to

6
that provider under the Nursing Home Care Act or the Hospital 
7
Licensing Act.

8
(Source: P.A. 88-88.)

 
9
    (Text of Section after amendment by P.A. 96-339)

10
    Sec. 5E-5. Definitions. As used in this Article, unless the

11
context requires otherwise:

12
    "Nursing home" means (i) a skilled nursing or intermediate 
13
long-term care
facility, whether public or private and whether 
14
organized for profit or
not-for-profit, that is subject to 
15
licensure by the Illinois Department
of Public Health under the 
16
Nursing Home Care Act or the MR/DD Community Care Act, 
17
including a
county nursing home directed and maintained under 
18
Section
5-1005 of the Counties Code, and (ii) a part of a 
19
hospital in
which skilled or intermediate long-term care 
20
services within the
meaning of Title XVIII or XIX of the Social 
21
Security Act are
provided; except that the term "nursing home" 
22
does not include a facility
operated solely as an intermediate 
23
care facility for the mentally retarded
within the meaning of 
24
Title XIX of the Social Security Act.

25
    "Nursing home provider" means (i) a person licensed
by the 
 


 






SB3144
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LRB096 18173 KTG 33548 b




1
Department of Public Health to operate and maintain a
skilled 
2
nursing or intermediate long-term care facility which charges 
3
its
residents, a third party payor, Medicaid, or Medicare for 
4
skilled nursing or
intermediate long-term care services, or 
5
(ii) a hospital provider that
provides skilled or intermediate 
6
long-term care services within
the meaning of Title XVIII or 
7
XIX of the Social Security Act.
For purposes of this paragraph, 
8
"person" means any political
subdivision of the State, 
9
municipal corporation, individual,
firm, partnership, 
10
corporation, company, limited liability
company, association, 
11
joint stock association, or trust, or a
receiver, executor, 
12
trustee, guardian, or other representative
appointed by order 
13
of any court.  "Hospital provider" means a
person licensed by 
14
the Department of Public Health to conduct,
operate, or 
15
maintain a hospital.

16
    "Licensed bed days" shall be computed separately for each 
17
nursing home
operated or maintained by a nursing home provider 
18
and means, with respect to a
nursing home provider, the sum for 
19
all nursing home beds of the number of days
during a calendar 
20
quarter on which each bed is covered by a license issued to

21
that provider under the Nursing Home Care Act or the Hospital 
22
Licensing Act.

23
(Source: P.A. 96-339, eff. 7-1-10.)

 
 
24
    Section 99. Effective date. This Act takes effect upon 
25
becoming law.