99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5761

 

Introduced , by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
New Act
30 ILCS 105/5.875 new

    Creates the Nursing Home Accountability Act. Defines terms. Requires certain nursing facilities to report specified information concerning wages of their employees as part of an annual cost report. Requires the Department of Public Health to compare the information to the living wage certification standards. Contains provisions concerning the reporting, determinations, posting, and effect of such certification. Contains penalty, inspection of records, and rulemaking provisions. Requires the Department of Healthcare and Family Services, based on required reports by facilities, to determine if an employee of a facility is a recipient of public assistance for the purpose of imposing an employer responsibility penalty. Contains provisions concerning medical assistance information, prohibited practices, employee remedies, administrative appeals, and confidentiality. Establishes the Employer Responsibility for Public Assistance Fund as a special fund in the State treasury (and makes a conforming change in the State Finance Act). Provides that the Department of Healthcare and Family Services may use money in the Employer Responsibility for Public Assistance Fund for specified purposes. Provides for a direct service minimum that sets a 50% direct service worker expenditure threshold that covered facilities shall meet using their medical assistance program funds. Contains provisions concerning reporting requirements, the calculation and determination of the direct service minimum, and repayment of medical assistance program payments in the event a facility does not meet the direct service minimum. Provides that the provisions of the Act are severable. Effective 90 days after becoming law.


LRB099 19805 MJP 44204 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5761LRB099 19805 MJP 44204 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
ARTICLE 1
5
GENERAL PROVISIONS

 
6    Section 1-1. Short title. This Act may be cited as the
7Nursing Home Accountability Act.
 
8    Section 1-5. Legislative findings. The General Assembly
9finds the following:
10        (1) Illinois has a large and growing population of
11    seniors and individuals with disabilities who may at some
12    point require nursing facility care.
13        (2) Nursing facilities are predominately
14    taxpayer-funded through reimbursements from the medical
15    assistance program and Medicare program.
16        (3) The State of Illinois should have assurances that
17    taxpayer funds are being used by nursing facilities engaged
18    in good care practices and workforce practices rather than
19    for the profit of nursing facilities.
20        (4) Nursing facilities that receive public money have a
21    responsibility to report to their residents, the families
22    of their residents, and the taxpayers of this State about

 

 

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1    the minimum hourly wage rates paid to their employees and
2    the number of their employees receiving public assistance,
3    so that the public may make informed decisions about the
4    quality and administration of nursing facilities.
5        (5) According to 2014 Long-term Care Facilities' Cost
6    Reports data, the average hourly wage for nurse assistants
7    in Illinois is $11.82, the average wage for cooks is
8    $10.76, and the average wage for housekeepers is $10.38. In
9    many facilities, the average wages for these and other job
10    titles is below $10 per hour. Many long-term care
11    facilities do not pay nurse assistants, cooks, or
12    housekeepers a living wage of $15 per hour.
13        (6) Nursing facilities that pay a living wage of $15
14    per hour should be recognized with a certification from the
15    State that can be prominently displayed on-site and on
16    their publicly accessible Internet website.
17        (7) The high rate of staff turnover is a chronic
18    problem in nursing facilities. Turnover of certified nurse
19    aides is particularly high. Studies have addressed the
20    importance of continuity of care and the need to stabilize
21    the work force in nursing facilities to improve quality
22    care. Higher wages may actually help nursing facilities
23    reduce turnover and fill vacancies and can lead to greater
24    worker productivity by improving morale and overall job
25    satisfaction.
26        (8) Nursing facility employees deserve affordable,

 

 

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1    comprehensive, employer-provided health insurance
2    coverage. Unfortunately, federal law imposes no penalty on
3    employers who fail to offer affordable, comprehensive
4    health coverage to employees and whose employees receive
5    coverage through the taxpayer-funded medical assistance
6    program.
7        (9) An employer who fails to provide affordable,
8    comprehensive coverage to low-wage workers covered by
9    medical assistance shifts the cost of health care coverage
10    from the employer to the taxpayer. Controlling health care
11    costs can be more readily achieved if a greater share of
12    working people and their families have employer-provided
13    health benefits so that cost shifting is minimized.
14        (10) Nursing facility payment rates under Illinois
15    Medicaid are set based on the expectation that most of the
16    payments will be used to provide services to nursing
17    facility residents to maintain and enhance their
18    well-being. Specifically, the nursing component of a
19    facility's rate is set based on the expected cost of
20    registered nurses, nurse aides, and several other staff
21    types providing the hours of care determined necessary for
22    the well-being of facility residents. The support
23    component of a facility's rate is intended to pay for
24    dietary, housekeeping, and other support services for
25    residents.
26        (11) In State-funded home care programs, the State

 

 

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1    requires participating home care agencies to show that they
2    have spent 77% of program revenue on direct service worker
3    wages and benefits. This has been an effective policy tool
4    ensuring State funds are used as intended in home care,
5    which, alongside nursing facility care, is the other major
6    long-term care service in Illinois Medicaid.
7        (12) While the Department of Healthcare and Family
8    Services collects extensive financial reporting data from
9    each nursing facility participating in Illinois Medicaid
10    each year, the Department does not take similar measures to
11    ensure nursing facilities use State funds on the direct
12    service workforce.
13        (13) The State should act to ensure that taxpayer
14    dollars spent on care in nursing facilities are actually
15    used for the direct services to residents that they are
16    intended to provide.
 
17    Section 1-10. Purposes. The purposes of this Act are to:
18        (1) create a living wage certification program for each
19    nursing facility that provides a base hourly wage of $15
20    per hour for each directly employed or subcontracted
21    employee of the nursing facility;
22        (2) encourage the provision of a living wage to each
23    nursing facility employee by providing information to each
24    nursing facility resident and the public on the wage rates
25    being paid to the employees of the nursing facility;

 

 

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1        (3) ensure that each nursing facility pays a nursing
2    facility employer responsibility penalty for health
3    coverage received by each employee of the nursing facility
4    through the medical assistance program and other public
5    assistance programs fully or partially funded by the State,
6    with that penalty based on the costs incurred by the State
7    for providing these benefits to the employee of the nursing
8    facility;
9        (4) ensure that each nursing facility employee who
10    receives public assistance is protected from possible
11    retaliation by the nursing facility for seeking or
12    obtaining that assistance; and
13        (5) establish a direct service worker minimum
14    percentage for nursing facilities participating in the
15    medical assistance program to encourage the facilities to
16    spend medical assistance program funds providing service
17    to residents, and require repayment of a portion of medical
18    assistance program funds if they do not.
 
19    Section 1-15. Definitions. As used in this Act, unless the
20context clearly requires otherwise:
21    "Base hourly wage" means the hourly wage of an employee
22that is exclusive of:
23        (1) deductions for payroll taxes, benefits, or other
24    employment charges; and
25        (2) adjustments for overtime compensation.

 

 

HB5761- 6 -LRB099 19805 MJP 44204 b

1    "Covered employee" means an employee who:
2        (1) is a recipient of public assistance;
3        (2) works an average of 20 hours or more per week for
4    the nursing facility; and
5        (3) works more than 45 days during the calendar year
6    for the nursing facility.
7    "Covered employee" includes an individual who is a leased
8employee or otherwise under the direction and control of the
9nursing facility.
10    "Direct service worker" means registered nurses, licensed
11practical nurses, certified nurse assistants, therapists,
12rehabilitation aides, therapy aides, psychiatric service
13aides, activity aides, social service workers, dietary aides,
14housekeepers, and laundry employees. This is the workforce
15that, primarily through interpersonal contact with residents,
16helps maintain resident well-being and provides the type of
17services the medical assistance program pays for through the
18nursing component rate for nursing facilities, as well as
19certain services of the type the medical assistance program
20pays for through the support component rate for nursing
21facilities, described in Sections 5-5.4 and 5-5.4d of the
22Illinois Public Aid Code.
23    "Direct service worker percentage" means a nursing
24facility's direct service worker wages, benefits, and payroll
25taxes per patient day divided by its Medicaid revenue per
26patient day.

 

 

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1    "Employee" means an individual who is employed directly or
2subcontracted by the nursing facility on a full-time,
3part-time, temporary, or seasonal basis.
4    "Fund" means the Employer Responsibility for Public
5Assistance Fund established under Section 10-40 of this Act.
6    "Living wage certification standard" means the base hourly
7wage of $15, which shall be adjusted annually by the Department
8of Healthcare and Family Services in consultation with the
9Illinois Department of Labor to reflect any increase in the
10appropriate regional Consumer Price Index.
11    "Medical assistance program" means the program established
12in Article V of the Illinois Public Aid Code.
13    "Nursing facility" means both:
14        (1) a long-term care facility as defined in the Nursing
15    Home Care Act; and
16        (2) each member of a controlled group of corporations,
17    as defined in Section 1563(a) of the Internal Revenue Code.
18    "Public assistance" includes, but is not limited to,
19assistance under the medical assistance program, cash
20assistance, or another benefit under a program that is wholly
21or partially funded by the State. "Public assistance" does not
22include the assistance provided under the federal Children's
23Health Insurance Program, Supplemental Nutrition Assistance
24Program, or Low-Income Home Energy Assistance Program.
 
25
ARTICLE 5

 

 

HB5761- 8 -LRB099 19805 MJP 44204 b

1
NURSING FACILITY
2
LIVING WAGE CERTIFICATION

 
3    Section 5-5. Reporting requirements.
4    (a) Beginning 90 days after the effective date of this Act,
5each nursing facility that is certified to participate in the
6medical assistance program shall provide the following
7information on an annual basis as part of its cost report under
8Sections 5-5.7 and 5B-5 of the Illinois Public Aid Code:
9        (1) the minimum base hourly wage paid for each job
10    classification at the nursing facility, categorized by
11    full-time, part-time, temporary, and seasonal employees,
12    and including the total number of employees for each
13    category;
14        (2) the number of employees for each job classification
15    at the nursing facility, categorized by full-time,
16    part-time, temporary, and seasonal employees, and
17    including the total number of employees; and
18        (3) the total number of employees who receive a base
19    hourly wage at, above, and below the living wage
20    certification standard at the nursing facility,
21    categorized by full-time, part-time, temporary, and
22    seasonal employees, and including the total number of
23    employees.
24    (b) Information provided under subsection (a) shall be
25based on payroll records and other data in a uniform format

 

 

HB5761- 9 -LRB099 19805 MJP 44204 b

1that is verifiable and able to be audited.
 
2    Section 5-10. Determination and certification.
3    (a) The Department of Public Health shall determine whether
4a nursing facility qualifies for a living wage certification by
5comparing the information provided under Section 5-5 of this
6Act to the living wage certification standard for the
7corresponding period.
8    (b) The Department of Public Health shall issue a
9certification document to each nursing facility whose
10employees all meet the living wage certification standard. The
11document shall detail the nursing facility's certification as
12an employer that provides wages to its employees that meet the
13living wage certification standard.
14    (c) The analysis of information provided and the issuance
15of a certification document under this Section shall occur
16annually.
 
17    Section 5-15. Posting of information.
18    (a) The Department of Public Health shall post the
19following on its publicly accessible Internet website,
20including the page dedicated to long-term care facility
21information, or other appropriate websites of the State:
22        (1) The information provided under Section 5-5 of this
23    Act.
24        (2) The list of nursing facilities that have received a

 

 

HB5761- 10 -LRB099 19805 MJP 44204 b

1    certification document under Section 5-10 of this Act for
2    the current year.
3    (b) Each nursing facility shall post the following in a
4publicly accessible area of the nursing facility:
5        (1) The information provided under Section 5-5 of this
6    Act.
7        (2) The certification document under Section 5-10 of
8    this Act that the nursing facility received for the current
9    year, if it received one.
 
10    Section 5-20. Effect of certification. Nothing in this
11Article shall require a nursing facility to provide wages to
12some or all of its employees in an amount equal to or exceeding
13the living wage certification standard.
 
14    Section 5-25. Inspection of records and data. The
15Department of Public Health shall inspect payroll records and
16other data under Section 5-5 of this Act during the annual
17inspection of the nursing facility to verify that the
18information provided under Section 5-5 of this Act is complete
19and accurate.
 
20    Section 5-30. Administration by Department of Public
21Health. The Department of Public Health shall adopt rules
22necessary to implement this Article.
 

 

 

HB5761- 11 -LRB099 19805 MJP 44204 b

1    Section 5-35. Civil penalties.
2    (a) The Department of Public Health shall impose a civil
3penalty upon a nursing facility that fails to:
4        (1) provide complete, accurate, timely, or properly
5    formatted information that is required under Section 5-5 of
6    this Act; or
7        (2) submit the information under Section 5-5 of this
8    Act for inspection as required by Section 5-25 of this Act.
9    (b) The Department of Public Health shall determine the
10appropriate amount of the penalty imposed under subsection (a)
11of this Section.
 
12
ARTICLE 10
13
NURSING FACILITY
14
EMPLOYER RESPONSIBILITY PENALTY

 
15    Section 10-5. Reporting requirements. Each nursing
16facility shall annually provide information required by the
17Department of Healthcare and Family Services to administer and
18enforce the provisions of this Article, including, but not
19limited to:
20    (a) the Social Security number of each employee of the
21nursing facility;
22    (b) the number of hours that the employee worked at the
23nursing facility during the fiscal year; and
24    (c) the number of days that the employee was employed at

 

 

HB5761- 12 -LRB099 19805 MJP 44204 b

1the nursing facility during the fiscal year.
 
2    Section 10-10. Determinations. The Department of
3Healthcare and Family Services shall match Social Security
4numbers of recipients of public assistance with the information
5provided under Section 10-5 of this Act, to determine if the
6nursing facility is subject to an employer responsibility
7penalty under this Article.
 
8    Section 10-15. Employer responsibility penalty.
9    (a) A nursing facility shall be subject to an employer
10responsibility penalty if it employs an employee who is a
11recipient of public assistance.
12    (b) The amount of the penalty shall be determined as
13follows:
14        (1) The amount of the employer responsibility penalty
15    shall be based on the actual cost of providing public
16    assistance to each covered employee for the most recent
17    fiscal year.
18        (2) The employer responsibility penalty for each
19    covered employee shall be determined by multiplying the
20    actual cost of providing public assistance to the covered
21    employee by a fraction, the numerator of which is the
22    amount of annualized hours worked by the covered employee
23    per year and the denominator of which is 1,820 hours per
24    year.

 

 

HB5761- 13 -LRB099 19805 MJP 44204 b

1        (3) An employer responsibility penalty may not exceed
2    100% of the actual cost of providing public assistance to
3    the covered employee.
4    (c) The Department of Healthcare and Family Services shall
5annually send a notice of the following to each nursing
6facility that is subject to an employer responsibility penalty
7under this Article:
8        (1) The amount of the employer responsibility penalty
9    imposed.
10        (2) The date on which payment is due.
11    (d) A nursing facility shall pay any employer
12responsibility penalty imposed under this Article to the
13Department of Healthcare and Family Services for deposit into
14the fund established under Section 10-40 of this Act.
15    (e) Interest shall be determined as follows:
16        (1) Interest shall be assessed at 10% per annum on an
17    employer responsibility penalty that is not paid on or
18    before the due date of the payment.
19        (2) Interest under this subsection (e) shall begin to
20    accrue the day after the due date of the employer
21    responsibility penalty.
22        (3) Interest under this subsection (e) shall be
23    deposited into the fund established under Section 10-40 of
24    this Act.
25    (f) If an employer responsibility penalty is not paid
26within 60 days after the due date of the payment, an interest

 

 

HB5761- 14 -LRB099 19805 MJP 44204 b

1penalty equal to the interest charged under subsection (e)
2shall be assessed and due for each month, or part thereof, that
3the employer responsibility penalty payment is not received.
4    The additional interest penalty under this subsection (f)
5shall be deposited in the fund under Section 10-40 of this Act.
6    (g) If a nursing facility is a medical assistance provider
7or is related through common ownership or control, as defined
8in 42 CFR 413.17(b) (relating to cost to related
9organizations), to a medical assistance provider and the
10nursing facility fails to pay all or part of an employer
11responsibility penalty within 60 days after the due date of the
12payment, the Department of Healthcare and Family Services may
13deduct the unpaid penalty and any interest owed on the penalty
14from any medical assistance program payment due to the nursing
15facility until the full amount due under this Section is
16recovered.
17    A deduction under this subsection (g) may be made:
18        (1) only after written notice to the nursing facility
19    under paragraph (1); and
20        (2) in amounts over a period of time, taking into
21    account the financial condition of the nursing facility.
22    (h) Within 60 days after the end of each calendar quarter,
23the Department of Healthcare and Family Services shall notify
24the Department of Public Health of each nursing facility with
25penalty or interest amounts that have remained unpaid for 90
26days or more.

 

 

HB5761- 15 -LRB099 19805 MJP 44204 b

1    The Department of Public Health may not renew the license
2of a nursing facility unless:
3        (1) the Department of Healthcare and Family Services
4    notifies the Department of Public Health that the nursing
5    facility has paid any outstanding amount due under this
6    Section in its entirety; or
7        (2) the Department of Healthcare and Family Services
8    agrees to permit the nursing facility to repay the
9    outstanding amount due under this Section in installments
10    and that, to date, the nursing facility has paid the
11    installments in the amount and by the date required by the
12    Department of Healthcare and Family Services.
13    (i) After a nursing facility changes ownership or control,
14the successor shall be liable for the outstanding amount due
15under this Section from the nursing facility before the change
16of ownership or control.
 
17    Section 10-20. Information regarding medical assistance.
18    (a) Each nursing facility shall provide information to each
19newly hired and existing employee regarding the availability of
20medical assistance coverage for a low-income employee.
21    (b) The Department of Healthcare and Family Services shall
22develop a simple, uniform written notice containing the
23information required under this Section.
 
24    Section 10-25. Prohibited practices. A nursing facility

 

 

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1may not:
2        (1) designate an employee as an independent
3    contractor, reduce an employee's hours of work, or
4    terminate an employee if the purpose of the action is to
5    avoid the obligations under this Article;
6        (2) request or otherwise seek to obtain information on
7    the income, family income, or other eligibility
8    requirements for public assistance regarding an employee,
9    other than the information about the employee's employment
10    status otherwise known to the nursing facility and
11    consistent with federal and State law;
12        (3) require as a condition of employment that an
13    employee not enroll or withdraw from enrollment in public
14    assistance;
15        (4) encourage or discourage an employee to enroll in
16    public assistance for which the employee is eligible, but
17    the nursing facility may provide information on public
18    assistance as otherwise provided by federal or State law;
19    or
20        (5) discharge or in any manner discriminate or
21    retaliate against an employee who enrolls in public
22    assistance.
 
23    Section 10-30. Employee remedies. An employee of a nursing
24facility who is discharged, threatened with discharge,
25demoted, suspended, or in any other manner discriminated or

 

 

HB5761- 17 -LRB099 19805 MJP 44204 b

1retaliated against in the terms and conditions of employment by
2the nursing facility because the employee has enrolled in
3public assistance shall be entitled to reinstatement and
4reimbursement for lost wages and work benefits caused by the
5acts of the nursing facility.
 
6    Section 10-35. Administrative appeal. A nursing facility
7that is aggrieved by a determination of the Department of
8Healthcare and Family Services under this Article may file a
9request for review of whether the Department of Healthcare and
10Family Services correctly determined the number of covered
11employees that are the subject of the penalty through the
12Department's administrative procedures for appeals.
 
13    Section 10-40. Employer Responsibility for Public
14Assistance Fund.
15    (a) There is created in the State treasury the Employer
16Responsibility for Public Assistance Fund.
17    (b) The Employer Responsibility for Public Assistance Fund
18shall receive money from the employer responsibility penalty,
19interest, and other penalties under Section 10-15.
20    (c) The Department of Healthcare and Family Services may
21use money in the Fund to pay:
22        (1) the State's share of public assistance costs for
23    covered employees; and
24        (2) the costs to implement and administer this Article.
 

 

 

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1    Section 10-45. Confidentiality. Each document and record
2that contains personal or identifying information and results
3from the operation of Sections 10-5 and 10-10 of this Act shall
4be subject to the confidentiality requirements and privacy
5standards under the Health Insurance Portability and
6Accountability Act of 1996.
 
7    Section 10-50. Administration by the Department of
8Healthcare and Family Services. The Department of Healthcare
9and Family Services shall adopt rules necessary to implement
10this Article.
 
11
ARTICLE 15
12
DIRECT SERVICE MINIMUM

 
13    Section 15-5. Reporting requirements.
14    (a) Beginning 90 days after the effective date of this
15Section, each nursing facility that is certified to participate
16in the medical assistance program shall provide as part of its
17financial reporting under Sections 5-5.7 and 5B-5 of the
18Illinois Public Aid Code information necessary for the
19Department of Healthcare and Family Services to administer and
20enforce the provisions of this Article.
21    (b) Information provided shall be subject to the audit
22provisions under Section 5-5.7 of the Illinois Public Aid Code

 

 

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1and comply with any uniform standards and charting of accounts
2developed under Sections 5-5.7 and 5B-5 of the Illinois Public
3Aid Code.
 
4    Section 15-10. Calculation and determination.
5    (a) The Department of Healthcare and Family Services shall
6examine information on medical assistance program revenue and
7the split between spending on direct service worker costs
8versus other items (including, but not limited to,
9administrative expenses, capital expenses, and owner profits),
10provided under Section 15-5 of this Act, to determine if the
11nursing facility's direct service worker percentage is at or
12above 50% or not.
13    (b) A nursing facility's direct service worker spending per
14patient day will be calculated by dividing the sum of direct
15service worker wages, benefits, and payroll taxes by total
16patient days.
17    (c) A nursing facility's Medicaid revenue per patient day
18shall be calculated by dividing total Medicaid revenue by
19Medicaid patient days.
 
20    Section 15-15. Repayment of medical assistance program
21payments.
22    (a) If a nursing facility's direct service worker
23percentage is determined to be below 50% under Section 15-10 of
24this Act, the nursing facility shall repay a portion of its

 

 

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1medical assistance program payments based on how far its direct
2service worker percentage is below this minimum percentage. The
3amount of repayment shall be determined by multiplying total
4medical assistance program payments times the difference of 50%
5and the facility's direct service worker percentage.
6    (b) The Department of Healthcare and Family Services shall
7send notice to a nursing facility subject to repayment stating:
8        (1) the amount that must be repaid; and
9        (2) the date on which payment is due.
10    (c) If a nursing facility fails to pay all or part of a
11repayment within 60 days after the due date of the repayment,
12the Department of Healthcare and Family Services may deduct the
13unpaid amount from any medical assistance program payment due
14to the nursing facility until the full amount due under this
15Section is recovered.
16    A deduction this subsection may be made:
17        (1) only after written notice to the nursing facility;
18    and
19        (2) in amounts over a period of time, taking into
20    account the financial condition of the nursing facility.
21    (d) Within 60 days after the end of each calendar quarter,
22the Department of Healthcare and Family Services shall notify
23the Department of Public Health of each nursing facility with
24repayment amounts that have remained unpaid for 90 days or
25more.
26    The Department of Public Health may not renew the license

 

 

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1of a nursing facility unless:
2        (1) the Department of Healthcare and Family Services
3    notifies the Department of Public Health that the nursing
4    facility has paid any outstanding amount due under this
5    Section in its entirety; or
6        (2) the Department of Healthcare and Family Services
7    agrees to permit the nursing facility to repay the
8    outstanding amount due under this Section in installments
9    and that, to date, the nursing facility has paid the
10    installments in the amount and by the date required by the
11    Department of Healthcare and Family Services.
12    (e) After a nursing facility changes ownership or control,
13the successor shall be liable for the outstanding amount due
14under this Section from the nursing facility before the change
15of ownership or control.
16    (f) Other Department of Healthcare and Family Services
17repayment procedures shall be broadly consistent with Part 140
18of Title 89 of the Illinois Administrative Code regarding
19nursing facility payment and Department practices.
 
20    Section 15-20. Administration by the Department of
21Healthcare and Family Services. The Department of Healthcare
22and Family Services shall adopt rules necessary to implement
23this Article.
 
24
ARTICLE 90

 

 

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1
AMENDATORY PROVISIONS

 
2    Section 90. The State Finance Act is amended by adding
3Section 5.875 as follows:
 
4    (30 ILCS 105/5.875 new)
5    Sec. 5.875. The Employer Responsibility for Public
6Assistance Fund.
 
7
ARTICLE 99
8
SEVERABILITY; EFFECTIVE DATE

 
9    Section 99-97. Severability. The provisions of this Act
10are severable. If any provision of this Act or its application
11to any person or circumstance is held invalid, the invalidity
12shall not affect other provisions or applications of this Act
13that can be given effect without the invalid provision or
14application.
 
15    Section 99-99. Effective date. This Act takes effect in 90
16days after becoming law.