SB1510 EnrolledLRB101 08498 CPF 53575 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    Section 1-5. The Illinois Public Aid Code is amended by
6adding Section 5A-2.1 as follows:
 
7    (305 ILCS 5/5A-2.1 new)
8    Sec. 5A-2.1. Continuation of Section 5A-2 of this Code;
9validation.
10    (a) The General Assembly finds and declares that:
11        (1) Public Act 101-650, which took effect on July 7,
12    2020, contained provisions that would have changed the
13    repeal date for Section 5A-2 of this Act from July 1, 2020
14    to December 31, 2022.
15        (2) The Statute on Statutes sets forth general rules on
16    the repeal of statutes and the construction of multiple
17    amendments, but Section 1 of that Act also states that
18    these rules will not be observed when the result would be
19    "inconsistent with the manifest intent of the General
20    Assembly or repugnant to the context of the statute".
21        (3) This amendatory Act of the 101st General Assembly
22    manifests the intention of the General Assembly to extend

 

 

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1    the repeal date for Section 5A-2 of this Code and have
2    Section 5A-2 of this Code, as amended by Public Act
3    101-650, continue in effect until December 31, 2022.
4    (b) Any construction of this Code that results in the
5repeal of Section 5A-2 of this Code on July 1, 2020 would be
6inconsistent with the manifest intent of the General Assembly
7and repugnant to the context of this Code.
8    (c) It is hereby declared to have been the intent of the
9General Assembly that Section 5A-2 of this Code shall not be
10subject to repeal on July 1, 2020.
11    (d) Section 5A-2 of this Code shall be deemed to have been
12in continuous effect since July 8, 1992 (the effective date of
13Public Act 87-861), and it shall continue to be in effect, as
14amended by Public Act 101-650, until it is otherwise lawfully
15amended or repealed. All previously enacted amendments to the
16Section taking effect on or after July 8, 1992, are hereby
17validated.
18    (e) In order to ensure the continuing effectiveness of
19Section 5A-2 of this Code, that Section is set forth in full
20and reenacted by this amendatory Act of the 101st General
21Assembly. In this amendatory Act of the 101st General Assembly,
22the base text of the reenacted Section is set forth as amended
23by Public Act 101-650.
24    (f) All actions of the Illinois Department or any other
25person or entity taken in reliance on or pursuant to Section
265A-2 of this Code are hereby validated.
 

 

 

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1    Section 1-10. The Illinois Public Aid Code is amended by
2reenacting Section 5A-2 as follows:
 
3    (305 ILCS 5/5A-2)  (from Ch. 23, par. 5A-2)
4    Sec. 5A-2. Assessment.
5    (a)(1) Subject to Sections 5A-3 and 5A-10, for State fiscal
6years 2009 through 2018, or as long as continued under Section
75A-16, an annual assessment on inpatient services is imposed on
8each hospital provider in an amount equal to $218.38 multiplied
9by the difference of the hospital's occupied bed days less the
10hospital's Medicare bed days, provided, however, that the
11amount of $218.38 shall be increased by a uniform percentage to
12generate an amount equal to 75% of the State share of the
13payments authorized under Section 5A-12.5, with such increase
14only taking effect upon the date that a State share for such
15payments is required under federal law. For the period of April
16through June 2015, the amount of $218.38 used to calculate the
17assessment under this paragraph shall, by emergency rule under
18subsection (s) of Section 5-45 of the Illinois Administrative
19Procedure Act, be increased by a uniform percentage to generate
20$20,250,000 in the aggregate for that period from all hospitals
21subject to the annual assessment under this paragraph.
22    (2) In addition to any other assessments imposed under this
23Article, effective July 1, 2016 and semi-annually thereafter
24through June 2018, or as provided in Section 5A-16, in addition

 

 

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1to any federally required State share as authorized under
2paragraph (1), the amount of $218.38 shall be increased by a
3uniform percentage to generate an amount equal to 75% of the
4ACA Assessment Adjustment, as defined in subsection (b-6) of
5this Section.
6    For State fiscal years 2009 through 2018, or as provided in
7Section 5A-16, a hospital's occupied bed days and Medicare bed
8days shall be determined using the most recent data available
9from each hospital's 2005 Medicare cost report as contained in
10the Healthcare Cost Report Information System file, for the
11quarter ending on December 31, 2006, without regard to any
12subsequent adjustments or changes to such data. If a hospital's
132005 Medicare cost report is not contained in the Healthcare
14Cost Report Information System, then the Illinois Department
15may obtain the hospital provider's occupied bed days and
16Medicare bed days from any source available, including, but not
17limited to, records maintained by the hospital provider, which
18may be inspected at all times during business hours of the day
19by the Illinois Department or its duly authorized agents and
20employees.
21    (3) Subject to Sections 5A-3, 5A-10, and 5A-16, for State
22fiscal years 2019 and 2020, an annual assessment on inpatient
23services is imposed on each hospital provider in an amount
24equal to $197.19 multiplied by the difference of the hospital's
25occupied bed days less the hospital's Medicare bed days. For
26State fiscal years 2019 and 2020, a hospital's occupied bed

 

 

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1days and Medicare bed days shall be determined using the most
2recent data available from each hospital's 2015 Medicare cost
3report as contained in the Healthcare Cost Report Information
4System file, for the quarter ending on March 31, 2017, without
5regard to any subsequent adjustments or changes to such data.
6If a hospital's 2015 Medicare cost report is not contained in
7the Healthcare Cost Report Information System, then the
8Illinois Department may obtain the hospital provider's
9occupied bed days and Medicare bed days from any source
10available, including, but not limited to, records maintained by
11the hospital provider, which may be inspected at all times
12during business hours of the day by the Illinois Department or
13its duly authorized agents and employees. Notwithstanding any
14other provision in this Article, for a hospital provider that
15did not have a 2015 Medicare cost report, but paid an
16assessment in State fiscal year 2018 on the basis of
17hypothetical data, that assessment amount shall be used for
18State fiscal years 2019 and 2020.
19    (4) Subject to Sections 5A-3 and 5A-10, for the period of
20July 1, 2020 through December 31, 2020 and calendar years 2021
21and 2022, an annual assessment on inpatient services is imposed
22on each hospital provider in an amount equal to $221.50
23multiplied by the difference of the hospital's occupied bed
24days less the hospital's Medicare bed days, provided however:
25for the period of July 1, 2020 through December 31, 2020, (i)
26the assessment shall be equal to 50% of the annual amount; and

 

 

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1(ii) the amount of $221.50 shall be retroactively adjusted by a
2uniform percentage to generate an amount equal to 50% of the
3Assessment Adjustment, as defined in subsection (b-7). For the
4period of July 1, 2020 through December 31, 2020 and calendar
5years 2021 and 2022, a hospital's occupied bed days and
6Medicare bed days shall be determined using the most recent
7data available from each hospital's 2015 Medicare cost report
8as contained in the Healthcare Cost Report Information System
9file, for the quarter ending on March 31, 2017, without regard
10to any subsequent adjustments or changes to such data. If a
11hospital's 2015 Medicare cost report is not contained in the
12Healthcare Cost Report Information System, then the Illinois
13Department may obtain the hospital provider's occupied bed days
14and Medicare bed days from any source available, including, but
15not limited to, records maintained by the hospital provider,
16which may be inspected at all times during business hours of
17the day by the Illinois Department or its duly authorized
18agents and employees. Should the change in the assessment
19methodology for fiscal years 2021 through December 31, 2022 not
20be approved on or before June 30, 2020, the assessment and
21payments under this Article in effect for fiscal year 2020
22shall remain in place until the new assessment is approved. If
23the assessment methodology for July 1, 2020 through December
2431, 2022, is approved on or after July 1, 2020, it shall be
25retroactive to July 1, 2020, subject to federal approval and
26provided that the payments authorized under Section 5A-12.7

 

 

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1have the same effective date as the new assessment methodology.
2In giving retroactive effect to the assessment approved after
3June 30, 2020, credit toward the new assessment shall be given
4for any payments of the previous assessment for periods after
5June 30, 2020. Notwithstanding any other provision of this
6Article, for a hospital provider that did not have a 2015
7Medicare cost report, but paid an assessment in State Fiscal
8Year 2020 on the basis of hypothetical data, the data that was
9the basis for the 2020 assessment shall be used to calculate
10the assessment under this paragraph.
11    (b) (Blank).
12    (b-5)(1) Subject to Sections 5A-3 and 5A-10, for the
13portion of State fiscal year 2012, beginning June 10, 2012
14through June 30, 2012, and for State fiscal years 2013 through
152018, or as provided in Section 5A-16, an annual assessment on
16outpatient services is imposed on each hospital provider in an
17amount equal to .008766 multiplied by the hospital's outpatient
18gross revenue, provided, however, that the amount of .008766
19shall be increased by a uniform percentage to generate an
20amount equal to 25% of the State share of the payments
21authorized under Section 5A-12.5, with such increase only
22taking effect upon the date that a State share for such
23payments is required under federal law. For the period
24beginning June 10, 2012 through June 30, 2012, the annual
25assessment on outpatient services shall be prorated by
26multiplying the assessment amount by a fraction, the numerator

 

 

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1of which is 21 days and the denominator of which is 365 days.
2For the period of April through June 2015, the amount of
3.008766 used to calculate the assessment under this paragraph
4shall, by emergency rule under subsection (s) of Section 5-45
5of the Illinois Administrative Procedure Act, be increased by a
6uniform percentage to generate $6,750,000 in the aggregate for
7that period from all hospitals subject to the annual assessment
8under this paragraph.
9    (2) In addition to any other assessments imposed under this
10Article, effective July 1, 2016 and semi-annually thereafter
11through June 2018, in addition to any federally required State
12share as authorized under paragraph (1), the amount of .008766
13shall be increased by a uniform percentage to generate an
14amount equal to 25% of the ACA Assessment Adjustment, as
15defined in subsection (b-6) of this Section.
16    For the portion of State fiscal year 2012, beginning June
1710, 2012 through June 30, 2012, and State fiscal years 2013
18through 2018, or as provided in Section 5A-16, a hospital's
19outpatient gross revenue shall be determined using the most
20recent data available from each hospital's 2009 Medicare cost
21report as contained in the Healthcare Cost Report Information
22System file, for the quarter ending on June 30, 2011, without
23regard to any subsequent adjustments or changes to such data.
24If a hospital's 2009 Medicare cost report is not contained in
25the Healthcare Cost Report Information System, then the
26Department may obtain the hospital provider's outpatient gross

 

 

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1revenue from any source available, including, but not limited
2to, records maintained by the hospital provider, which may be
3inspected at all times during business hours of the day by the
4Department or its duly authorized agents and employees.
5    (3) Subject to Sections 5A-3, 5A-10, and 5A-16, for State
6fiscal years 2019 and 2020, an annual assessment on outpatient
7services is imposed on each hospital provider in an amount
8equal to .01358 multiplied by the hospital's outpatient gross
9revenue. For State fiscal years 2019 and 2020, a hospital's
10outpatient gross revenue shall be determined using the most
11recent data available from each hospital's 2015 Medicare cost
12report as contained in the Healthcare Cost Report Information
13System file, for the quarter ending on March 31, 2017, without
14regard to any subsequent adjustments or changes to such data.
15If a hospital's 2015 Medicare cost report is not contained in
16the Healthcare Cost Report Information System, then the
17Department may obtain the hospital provider's outpatient gross
18revenue from any source available, including, but not limited
19to, records maintained by the hospital provider, which may be
20inspected at all times during business hours of the day by the
21Department or its duly authorized agents and employees.
22Notwithstanding any other provision in this Article, for a
23hospital provider that did not have a 2015 Medicare cost
24report, but paid an assessment in State fiscal year 2018 on the
25basis of hypothetical data, that assessment amount shall be
26used for State fiscal years 2019 and 2020.

 

 

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1    (4) Subject to Sections 5A-3 and 5A-10, for the period of
2July 1, 2020 through December 31, 2020 and calendar years 2021
3and 2022, an annual assessment on outpatient services is
4imposed on each hospital provider in an amount equal to .01525
5multiplied by the hospital's outpatient gross revenue,
6provided however: (i) for the period of July 1, 2020 through
7December 31, 2020, the assessment shall be equal to 50% of the
8annual amount; and (ii) the amount of .01525 shall be
9retroactively adjusted by a uniform percentage to generate an
10amount equal to 50% of the Assessment Adjustment, as defined in
11subsection (b-7). For the period of July 1, 2020 through
12December 31, 2020 and calendar years 2021 and 2022, a
13hospital's outpatient gross revenue shall be determined using
14the most recent data available from each hospital's 2015
15Medicare cost report as contained in the Healthcare Cost Report
16Information System file, for the quarter ending on March 31,
172017, without regard to any subsequent adjustments or changes
18to such data. If a hospital's 2015 Medicare cost report is not
19contained in the Healthcare Cost Report Information System,
20then the Illinois Department may obtain the hospital provider's
21outpatient revenue data from any source available, including,
22but not limited to, records maintained by the hospital
23provider, which may be inspected at all times during business
24hours of the day by the Illinois Department or its duly
25authorized agents and employees. Should the change in the
26assessment methodology above for fiscal years 2021 through

 

 

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1calendar year 2022 not be approved prior to July 1, 2020, the
2assessment and payments under this Article in effect for fiscal
3year 2020 shall remain in place until the new assessment is
4approved. If the change in the assessment methodology above for
5July 1, 2020 through December 31, 2022, is approved after June
630, 2020, it shall have a retroactive effective date of July 1,
72020, subject to federal approval and provided that the
8payments authorized under Section 12A-7 have the same effective
9date as the new assessment methodology. In giving retroactive
10effect to the assessment approved after June 30, 2020, credit
11toward the new assessment shall be given for any payments of
12the previous assessment for periods after June 30, 2020.
13Notwithstanding any other provision of this Article, for a
14hospital provider that did not have a 2015 Medicare cost
15report, but paid an assessment in State Fiscal Year 2020 on the
16basis of hypothetical data, the data that was the basis for the
172020 assessment shall be used to calculate the assessment under
18this paragraph.
19    (b-6)(1) As used in this Section, "ACA Assessment
20Adjustment" means:
21        (A) For the period of July 1, 2016 through December 31,
22    2016, the product of .19125 multiplied by the sum of the
23    fee-for-service payments to hospitals as authorized under
24    Section 5A-12.5 and the adjustments authorized under
25    subsection (t) of Section 5A-12.2 to managed care
26    organizations for hospital services due and payable in the

 

 

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1    month of April 2016 multiplied by 6.
2        (B) For the period of January 1, 2017 through June 30,
3    2017, the product of .19125 multiplied by the sum of the
4    fee-for-service payments to hospitals as authorized under
5    Section 5A-12.5 and the adjustments authorized under
6    subsection (t) of Section 5A-12.2 to managed care
7    organizations for hospital services due and payable in the
8    month of October 2016 multiplied by 6, except that the
9    amount calculated under this subparagraph (B) shall be
10    adjusted, either positively or negatively, to account for
11    the difference between the actual payments issued under
12    Section 5A-12.5 for the period beginning July 1, 2016
13    through December 31, 2016 and the estimated payments due
14    and payable in the month of April 2016 multiplied by 6 as
15    described in subparagraph (A).
16        (C) For the period of July 1, 2017 through December 31,
17    2017, the product of .19125 multiplied by the sum of the
18    fee-for-service payments to hospitals as authorized under
19    Section 5A-12.5 and the adjustments authorized under
20    subsection (t) of Section 5A-12.2 to managed care
21    organizations for hospital services due and payable in the
22    month of April 2017 multiplied by 6, except that the amount
23    calculated under this subparagraph (C) shall be adjusted,
24    either positively or negatively, to account for the
25    difference between the actual payments issued under
26    Section 5A-12.5 for the period beginning January 1, 2017

 

 

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1    through June 30, 2017 and the estimated payments due and
2    payable in the month of October 2016 multiplied by 6 as
3    described in subparagraph (B).
4        (D) For the period of January 1, 2018 through June 30,
5    2018, the product of .19125 multiplied by the sum of the
6    fee-for-service payments to hospitals as authorized under
7    Section 5A-12.5 and the adjustments authorized under
8    subsection (t) of Section 5A-12.2 to managed care
9    organizations for hospital services due and payable in the
10    month of October 2017 multiplied by 6, except that:
11            (i) the amount calculated under this subparagraph
12        (D) shall be adjusted, either positively or
13        negatively, to account for the difference between the
14        actual payments issued under Section 5A-12.5 for the
15        period of July 1, 2017 through December 31, 2017 and
16        the estimated payments due and payable in the month of
17        April 2017 multiplied by 6 as described in subparagraph
18        (C); and
19            (ii) the amount calculated under this subparagraph
20        (D) shall be adjusted to include the product of .19125
21        multiplied by the sum of the fee-for-service payments,
22        if any, estimated to be paid to hospitals under
23        subsection (b) of Section 5A-12.5.
24    (2) The Department shall complete and apply a final
25reconciliation of the ACA Assessment Adjustment prior to June
2630, 2018 to account for:

 

 

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1        (A) any differences between the actual payments issued
2    or scheduled to be issued prior to June 30, 2018 as
3    authorized in Section 5A-12.5 for the period of January 1,
4    2018 through June 30, 2018 and the estimated payments due
5    and payable in the month of October 2017 multiplied by 6 as
6    described in subparagraph (D); and
7        (B) any difference between the estimated
8    fee-for-service payments under subsection (b) of Section
9    5A-12.5 and the amount of such payments that are actually
10    scheduled to be paid.
11    The Department shall notify hospitals of any additional
12amounts owed or reduction credits to be applied to the June
132018 ACA Assessment Adjustment. This is to be considered the
14final reconciliation for the ACA Assessment Adjustment.
15    (3) Notwithstanding any other provision of this Section, if
16for any reason the scheduled payments under subsection (b) of
17Section 5A-12.5 are not issued in full by the final day of the
18period authorized under subsection (b) of Section 5A-12.5,
19funds collected from each hospital pursuant to subparagraph (D)
20of paragraph (1) and pursuant to paragraph (2), attributable to
21the scheduled payments authorized under subsection (b) of
22Section 5A-12.5 that are not issued in full by the final day of
23the period attributable to each payment authorized under
24subsection (b) of Section 5A-12.5, shall be refunded.
25    (4) The increases authorized under paragraph (2) of
26subsection (a) and paragraph (2) of subsection (b-5) shall be

 

 

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1limited to the federally required State share of the total
2payments authorized under Section 5A-12.5 if the sum of such
3payments yields an annualized amount equal to or less than
4$450,000,000, or if the adjustments authorized under
5subsection (t) of Section 5A-12.2 are found not to be
6actuarially sound; however, this limitation shall not apply to
7the fee-for-service payments described in subsection (b) of
8Section 5A-12.5.
9    (b-7)(1) As used in this Section, "Assessment Adjustment"
10means:
11        (A) For the period of July 1, 2020 through December 31,
12    2020, the product of .3853 multiplied by the total of the
13    actual payments made under subsections (c) through (k) of
14    Section 5A-12.7 attributable to the period, less the total
15    of the assessment imposed under subsections (a) and (b-5)
16    of this Section for the period.
17        (B) For each calendar quarter beginning on and after
18    January 1, 2021, the product of .3853 multiplied by the
19    total of the actual payments made under subsections (c)
20    through (k) of Section 5A-12.7 attributable to the period,
21    less the total of the assessment imposed under subsections
22    (a) and (b-5) of this Section for the period.
23    (2) The Department shall calculate and notify each hospital
24of the total Assessment Adjustment and any additional
25assessment owed by the hospital or refund owed to the hospital
26on either a semi-annual or annual basis. Such notice shall be

 

 

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1issued at least 30 days prior to any period in which the
2assessment will be adjusted. Any additional assessment owed by
3the hospital or refund owed to the hospital shall be uniformly
4applied to the assessment owed by the hospital in monthly
5installments for the subsequent semi-annual period or calendar
6year. If no assessment is owed in the subsequent year, any
7amount owed by the hospital or refund due to the hospital,
8shall be paid in a lump sum.
9    (3) The Department shall publish all details of the
10Assessment Adjustment calculation performed each year on its
11website within 30 days of completing the calculation, and also
12submit the details of the Assessment Adjustment calculation as
13part of the Department's annual report to the General Assembly.
14    (c) (Blank).
15    (d) Notwithstanding any of the other provisions of this
16Section, the Department is authorized to adopt rules to reduce
17the rate of any annual assessment imposed under this Section,
18as authorized by Section 5-46.2 of the Illinois Administrative
19Procedure Act.
20    (e) Notwithstanding any other provision of this Section,
21any plan providing for an assessment on a hospital provider as
22a permissible tax under Title XIX of the federal Social
23Security Act and Medicaid-eligible payments to hospital
24providers from the revenues derived from that assessment shall
25be reviewed by the Illinois Department of Healthcare and Family
26Services, as the Single State Medicaid Agency required by

 

 

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1federal law, to determine whether those assessments and
2hospital provider payments meet federal Medicaid standards. If
3the Department determines that the elements of the plan may
4meet federal Medicaid standards and a related State Medicaid
5Plan Amendment is prepared in a manner and form suitable for
6submission, that State Plan Amendment shall be submitted in a
7timely manner for review by the Centers for Medicare and
8Medicaid Services of the United States Department of Health and
9Human Services and subject to approval by the Centers for
10Medicare and Medicaid Services of the United States Department
11of Health and Human Services. No such plan shall become
12effective without approval by the Illinois General Assembly by
13the enactment into law of related legislation. Notwithstanding
14any other provision of this Section, the Department is
15authorized to adopt rules to reduce the rate of any annual
16assessment imposed under this Section. Any such rules may be
17adopted by the Department under Section 5-50 of the Illinois
18Administrative Procedure Act.
19(Source: P.A. 100-581, eff. 3-12-18; 101-10, eff. 6-5-19;
20101-650, eff. 7-7-20.)
 
21
Article 5.

 
22    Section 5-5. The Illinois Public Aid Code is amended by
23changing Sections 5-5.07, 5-5e.1, and 14-12 as follows:
 

 

 

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1    (305 ILCS 5/5-5.07)
2    Sec. 5-5.07. Inpatient psychiatric stay; DCFS per diem
3rate. The Department of Children and Family Services shall pay
4the DCFS per diem rate for inpatient psychiatric stay at a
5free-standing psychiatric hospital effective the 11th day when
6a child is in the hospital beyond medical necessity, and the
7parent or caregiver has denied the child access to the home and
8has refused or failed to make provisions for another living
9arrangement for the child or the child's discharge is being
10delayed due to a pending inquiry or investigation by the
11Department of Children and Family Services. If any portion of a
12hospital stay is reimbursed under this Section, the hospital
13stay shall not be eligible for payment under the provisions of
14Section 14-13 of this Code. This Section is inoperative on and
15after July 1, 2021 2020 2019. Notwithstanding the provision of
16Public Act 101-209 stating that this Section is inoperative on
17and after July 1, 2020, this Section is operative from July 1,
182020 through June 30, 2021.
19(Source: P.A. 100-646, eff. 7-27-18; reenacted by 101-15, eff.
206-14-19; reenacted by 101-209, eff. 8-5-19; revised 9-24-19.)
 
21
Article 10.

 
22    Section 10-5. The Illinois Public Aid Code is amended by
23changing Section 14-12 as follows:
 

 

 

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1    (305 ILCS 5/14-12)
2    Sec. 14-12. Hospital rate reform payment system. The
3hospital payment system pursuant to Section 14-11 of this
4Article shall be as follows:
5    (a) Inpatient hospital services. Effective for discharges
6on and after July 1, 2014, reimbursement for inpatient general
7acute care services shall utilize the All Patient Refined
8Diagnosis Related Grouping (APR-DRG) software, version 30,
9distributed by 3MTM Health Information System.
10        (1) The Department shall establish Medicaid weighting
11    factors to be used in the reimbursement system established
12    under this subsection. Initial weighting factors shall be
13    the weighting factors as published by 3M Health Information
14    System, associated with Version 30.0 adjusted for the
15    Illinois experience.
16        (2) The Department shall establish a
17    statewide-standardized amount to be used in the inpatient
18    reimbursement system. The Department shall publish these
19    amounts on its website no later than 10 calendar days prior
20    to their effective date.
21        (3) In addition to the statewide-standardized amount,
22    the Department shall develop adjusters to adjust the rate
23    of reimbursement for critical Medicaid providers or
24    services for trauma, transplantation services, perinatal
25    care, and Graduate Medical Education (GME).
26        (4) The Department shall develop add-on payments to

 

 

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1    account for exceptionally costly inpatient stays,
2    consistent with Medicare outlier principles. Outlier fixed
3    loss thresholds may be updated to control for excessive
4    growth in outlier payments no more frequently than on an
5    annual basis, but at least triennially. Upon updating the
6    fixed loss thresholds, the Department shall be required to
7    update base rates within 12 months.
8        (5) The Department shall define those hospitals or
9    distinct parts of hospitals that shall be exempt from the
10    APR-DRG reimbursement system established under this
11    Section. The Department shall publish these hospitals'
12    inpatient rates on its website no later than 10 calendar
13    days prior to their effective date.
14        (6) Beginning July 1, 2014 and ending on June 30, 2024,
15    in addition to the statewide-standardized amount, the
16    Department shall develop an adjustor to adjust the rate of
17    reimbursement for safety-net hospitals defined in Section
18    5-5e.1 of this Code excluding pediatric hospitals.
19        (7) Beginning July 1, 2014, in addition to the
20    statewide-standardized amount, the Department shall
21    develop an adjustor to adjust the rate of reimbursement for
22    Illinois freestanding inpatient psychiatric hospitals that
23    are not designated as children's hospitals by the
24    Department but are primarily treating patients under the
25    age of 21.
26        (7.5) (Blank).

 

 

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1        (8) Beginning July 1, 2018, in addition to the
2    statewide-standardized amount, the Department shall adjust
3    the rate of reimbursement for hospitals designated by the
4    Department of Public Health as a Perinatal Level II or II+
5    center by applying the same adjustor that is applied to
6    Perinatal and Obstetrical care cases for Perinatal Level
7    III centers, as of December 31, 2017.
8        (9) Beginning July 1, 2018, in addition to the
9    statewide-standardized amount, the Department shall apply
10    the same adjustor that is applied to trauma cases as of
11    December 31, 2017 to inpatient claims to treat patients
12    with burns, including, but not limited to, APR-DRGs 841,
13    842, 843, and 844.
14        (10) Beginning July 1, 2018, the
15    statewide-standardized amount for inpatient general acute
16    care services shall be uniformly increased so that base
17    claims projected reimbursement is increased by an amount
18    equal to the funds allocated in paragraph (1) of subsection
19    (b) of Section 5A-12.6, less the amount allocated under
20    paragraphs (8) and (9) of this subsection and paragraphs
21    (3) and (4) of subsection (b) multiplied by 40%.
22        (11) Beginning July 1, 2018, the reimbursement for
23    inpatient rehabilitation services shall be increased by
24    the addition of a $96 per day add-on.
25    (b) Outpatient hospital services. Effective for dates of
26service on and after July 1, 2014, reimbursement for outpatient

 

 

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1services shall utilize the Enhanced Ambulatory Procedure
2Grouping (EAPG) software, version 3.7 distributed by 3MTM
3Health Information System.
4        (1) The Department shall establish Medicaid weighting
5    factors to be used in the reimbursement system established
6    under this subsection. The initial weighting factors shall
7    be the weighting factors as published by 3M Health
8    Information System, associated with Version 3.7.
9        (2) The Department shall establish service specific
10    statewide-standardized amounts to be used in the
11    reimbursement system.
12            (A) The initial statewide standardized amounts,
13        with the labor portion adjusted by the Calendar Year
14        2013 Medicare Outpatient Prospective Payment System
15        wage index with reclassifications, shall be published
16        by the Department on its website no later than 10
17        calendar days prior to their effective date.
18            (B) The Department shall establish adjustments to
19        the statewide-standardized amounts for each Critical
20        Access Hospital, as designated by the Department of
21        Public Health in accordance with 42 CFR 485, Subpart F.
22        For outpatient services provided on or before June 30,
23        2018, the EAPG standardized amounts are determined
24        separately for each critical access hospital such that
25        simulated EAPG payments using outpatient base period
26        paid claim data plus payments under Section 5A-12.4 of

 

 

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1        this Code net of the associated tax costs are equal to
2        the estimated costs of outpatient base period claims
3        data with a rate year cost inflation factor applied.
4        (3) In addition to the statewide-standardized amounts,
5    the Department shall develop adjusters to adjust the rate
6    of reimbursement for critical Medicaid hospital outpatient
7    providers or services, including outpatient high volume or
8    safety-net hospitals. Beginning July 1, 2018, the
9    outpatient high volume adjustor shall be increased to
10    increase annual expenditures associated with this adjustor
11    by $79,200,000, based on the State Fiscal Year 2015 base
12    year data and this adjustor shall apply to public
13    hospitals, except for large public hospitals, as defined
14    under 89 Ill. Adm. Code 148.25(a).
15        (4) Beginning July 1, 2018, in addition to the
16    statewide standardized amounts, the Department shall make
17    an add-on payment for outpatient expensive devices and
18    drugs. This add-on payment shall at least apply to claim
19    lines that: (i) are assigned with one of the following
20    EAPGs: 490, 1001 to 1020, and coded with one of the
21    following revenue codes: 0274 to 0276, 0278; or (ii) are
22    assigned with one of the following EAPGs: 430 to 441, 443,
23    444, 460 to 465, 495, 496, 1090. The add-on payment shall
24    be calculated as follows: the claim line's covered charges
25    multiplied by the hospital's total acute cost to charge
26    ratio, less the claim line's EAPG payment plus $1,000,

 

 

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1    multiplied by 0.8.
2        (5) Beginning July 1, 2018, the statewide-standardized
3    amounts for outpatient services shall be increased by a
4    uniform percentage so that base claims projected
5    reimbursement is increased by an amount equal to no less
6    than the funds allocated in paragraph (1) of subsection (b)
7    of Section 5A-12.6, less the amount allocated under
8    paragraphs (8) and (9) of subsection (a) and paragraphs (3)
9    and (4) of this subsection multiplied by 46%.
10        (6) Effective for dates of service on or after July 1,
11    2018, the Department shall establish adjustments to the
12    statewide-standardized amounts for each Critical Access
13    Hospital, as designated by the Department of Public Health
14    in accordance with 42 CFR 485, Subpart F, such that each
15    Critical Access Hospital's standardized amount for
16    outpatient services shall be increased by the applicable
17    uniform percentage determined pursuant to paragraph (5) of
18    this subsection. It is the intent of the General Assembly
19    that the adjustments required under this paragraph (6) by
20    Public Act 100-1181 shall be applied retroactively to
21    claims for dates of service provided on or after July 1,
22    2018.
23        (7) Effective for dates of service on or after March 8,
24    2019 (the effective date of Public Act 100-1181), the
25    Department shall recalculate and implement an updated
26    statewide-standardized amount for outpatient services

 

 

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1    provided by hospitals that are not Critical Access
2    Hospitals to reflect the applicable uniform percentage
3    determined pursuant to paragraph (5).
4            (1) Any recalculation to the
5        statewide-standardized amounts for outpatient services
6        provided by hospitals that are not Critical Access
7        Hospitals shall be the amount necessary to achieve the
8        increase in the statewide-standardized amounts for
9        outpatient services increased by a uniform percentage,
10        so that base claims projected reimbursement is
11        increased by an amount equal to no less than the funds
12        allocated in paragraph (1) of subsection (b) of Section
13        5A-12.6, less the amount allocated under paragraphs
14        (8) and (9) of subsection (a) and paragraphs (3) and
15        (4) of this subsection, for all hospitals that are not
16        Critical Access Hospitals, multiplied by 46%.
17            (2) It is the intent of the General Assembly that
18        the recalculations required under this paragraph (7)
19        by Public Act 100-1181 shall be applied prospectively
20        to claims for dates of service provided on or after
21        March 8, 2019 (the effective date of Public Act
22        100-1181) and that no recoupment or repayment by the
23        Department or an MCO of payments attributable to
24        recalculation under this paragraph (7), issued to the
25        hospital for dates of service on or after July 1, 2018
26        and before March 8, 2019 (the effective date of Public

 

 

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1        Act 100-1181), shall be permitted.
2        (8) The Department shall ensure that all necessary
3    adjustments to the managed care organization capitation
4    base rates necessitated by the adjustments under
5    subparagraph (6) or (7) of this subsection are completed
6    and applied retroactively in accordance with Section
7    5-30.8 of this Code within 90 days of March 8, 2019 (the
8    effective date of Public Act 100-1181).
9        (9) Within 60 days after federal approval of the change
10    made to the assessment in Section 5A-2 by this amendatory
11    Act of the 101st General Assembly, the Department shall
12    incorporate into the EAPG system for outpatient services
13    those services performed by hospitals currently billed
14    through the Non-Institutional Provider billing system.
15    (c) In consultation with the hospital community, the
16Department is authorized to replace 89 Ill. Admin. Code 152.150
17as published in 38 Ill. Reg. 4980 through 4986 within 12 months
18of June 16, 2014 (the effective date of Public Act 98-651). If
19the Department does not replace these rules within 12 months of
20June 16, 2014 (the effective date of Public Act 98-651), the
21rules in effect for 152.150 as published in 38 Ill. Reg. 4980
22through 4986 shall remain in effect until modified by rule by
23the Department. Nothing in this subsection shall be construed
24to mandate that the Department file a replacement rule.
25    (d) Transition period. There shall be a transition period
26to the reimbursement systems authorized under this Section that

 

 

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1shall begin on the effective date of these systems and continue
2until June 30, 2018, unless extended by rule by the Department.
3To help provide an orderly and predictable transition to the
4new reimbursement systems and to preserve and enhance access to
5the hospital services during this transition, the Department
6shall allocate a transitional hospital access pool of at least
7$290,000,000 annually so that transitional hospital access
8payments are made to hospitals.
9        (1) After the transition period, the Department may
10    begin incorporating the transitional hospital access pool
11    into the base rate structure; however, the transitional
12    hospital access payments in effect on June 30, 2018 shall
13    continue to be paid, if continued under Section 5A-16.
14        (2) After the transition period, if the Department
15    reduces payments from the transitional hospital access
16    pool, it shall increase base rates, develop new adjustors,
17    adjust current adjustors, develop new hospital access
18    payments based on updated information, or any combination
19    thereof by an amount equal to the decreases proposed in the
20    transitional hospital access pool payments, ensuring that
21    the entire transitional hospital access pool amount shall
22    continue to be used for hospital payments.
23    (d-5) Hospital and health care transformation program. The
24Department shall develop a hospital and health care
25transformation program to provide financial assistance to
26hospitals in transforming their services and care models to

 

 

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1better align with the needs of the communities they serve. The
2payments authorized in this Section shall be subject to
3approval by the federal government.
4        (1) Phase 1. In State fiscal years 2019 through 2020,
5    the Department shall allocate funds from the transitional
6    access hospital pool to create a hospital transformation
7    pool of at least $262,906,870 annually and make hospital
8    transformation payments to hospitals. Subject to Section
9    5A-16, in State fiscal years 2019 and 2020, an Illinois
10    hospital that received either a transitional hospital
11    access payment under subsection (d) or a supplemental
12    payment under subsection (f) of this Section in State
13    fiscal year 2018, shall receive a hospital transformation
14    payment as follows:
15            (A) If the hospital's Rate Year 2017 Medicaid
16        inpatient utilization rate is equal to or greater than
17        45%, the hospital transformation payment shall be
18        equal to 100% of the sum of its transitional hospital
19        access payment authorized under subsection (d) and any
20        supplemental payment authorized under subsection (f).
21            (B) If the hospital's Rate Year 2017 Medicaid
22        inpatient utilization rate is equal to or greater than
23        25% but less than 45%, the hospital transformation
24        payment shall be equal to 75% of the sum of its
25        transitional hospital access payment authorized under
26        subsection (d) and any supplemental payment authorized

 

 

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1        under subsection (f).
2            (C) If the hospital's Rate Year 2017 Medicaid
3        inpatient utilization rate is less than 25%, the
4        hospital transformation payment shall be equal to 50%
5        of the sum of its transitional hospital access payment
6        authorized under subsection (d) and any supplemental
7        payment authorized under subsection (f).
8        (2) Phase 2.
9            (A) The funding amount from phase one shall be
10        incorporated into directed payment and pass-through
11        payment methodologies described in Section 5A-12.7.
12            (B) Because there are communities in Illinois that
13        experience significant health care disparities due to
14        systemic racism, as recently emphasized by the
15        COVID-19 pandemic, aggravated by social determinants
16        of health and a lack of sufficiently allocated
17        healthcare resources, particularly community-based
18        services, preventive care, obstetric care, chronic
19        disease management, and specialty care, the Department
20        shall establish a health care transformation program
21        that shall be supported by the transformation funding
22        pool. It is the intention of the General Assembly that
23        innovative partnerships funded by the pool must be
24        designed to establish or improve integrated health
25        care delivery systems that will provide significant
26        access to the Medicaid and uninsured populations in

 

 

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1        their communities, as well as improve health care
2        equity. It is also the intention of the General
3        Assembly that partnerships recognize and address the
4        disparities revealed by the COVID-19 pandemic, as well
5        as the need for post-COVID care. During State fiscal
6        years 2021 through 2027, the hospital and health care
7        transformation program shall be supported by an annual
8        transformation funding pool of up to $150,000,000,
9        pending federal matching funds, to be allocated during
10        the specified fiscal years for the purpose of
11        facilitating hospital and health care transformation.
12        No disbursement of moneys for transformation projects
13        from the transformation funding pool described under
14        this Section shall be considered an award, a grant, or
15        an expenditure of grant funds. Funding agreements made
16        in accordance with the transformation program shall be
17        considered purchases of care under the Illinois
18        Procurement Code, and funds shall be expended by the
19        Department in a manner that maximizes federal funding
20        to expend the entire allocated amount.
21            The Department shall convene, within 30 days after
22        the effective date of this amendatory Act of the 101st
23        General Assembly, a workgroup that includes subject
24        matter experts on healthcare disparities and
25        stakeholders from distressed communities, which could
26        be a subcommittee of the Medicaid Advisory Committee,

 

 

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1        to review and provide recommendations on how
2        Department policy, including health care
3        transformation, can improve health disparities and the
4        impact on communities disproportionately affected by
5        COVID-19. The workgroup shall consider and make
6        recommendations on the following issues: a community
7        safety-net designation of certain hospitals, racial
8        equity, and a regional partnership to bring additional
9        specialty services to communities. Whereas there are
10        communities in Illinois that suffer from significant
11        health care disparities aggravated by social
12        determinants of health and a lack of sufficiently
13        allocated healthcare resources, particularly
14        community-based services and preventive care, there is
15        established a new hospital and health care
16        transformation program, which shall be supported by a
17        transformation funding pool. An application for
18        funding from the hospital and health care
19        transformation program may incorporate the campus of a
20        hospital closed after January 1, 2018 or a hospital
21        that has provided notice of its intent to close
22        pursuant to Section 8.7 of the Illinois Health
23        Facilities Planning Act. During State Fiscal Years
24        2021 through 2023, the hospital and health care
25        transformation program shall be supported by an annual
26        transformation funding pool of at least $150,000,000

 

 

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1        to be allocated during the specified fiscal years for
2        the purpose of facilitating hospital and health care
3        transformation. The Department shall not allocate
4        funds associated with the hospital and health care
5        transformation pool as established in this
6        subparagraph until the General Assembly has
7        established in law or resolution, further criteria for
8        dispersal or allocation of those funds after the
9        effective date of this amendatory Act of 101st General
10        Assembly.
11            (C) As provided in paragraph (9) of Section 3 of
12        the Illinois Health Facilities Planning Act, any
13        hospital participating in the transformation program
14        may be excluded from the requirements of the Illinois
15        Health Facilities Planning Act for those projects
16        related to the hospital's transformation. To be
17        eligible, the hospital must submit to the Health
18        Facilities and Services Review Board approval from the
19        Department that the project is a part of the hospital's
20        transformation.
21            (D) As provided in subsection (a-20) of Section
22        32.5 of the Emergency Medical Services (EMS) Systems
23        Act, a hospital that received hospital transformation
24        payments under this Section may convert to a
25        freestanding emergency center. To be eligible for such
26        a conversion, the hospital must submit to the

 

 

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1        Department of Public Health approval from the
2        Department that the project is a part of the hospital's
3        transformation.
4            (E) Criteria for proposals. To be eligible for
5        funding under this Section, a transformation proposal
6        shall meet all of the following criteria:
7                (i) the proposal shall be designed based on
8            community needs assessment completed by either a
9            University partner or other qualified entity with
10            significant community input;
11                (ii) the proposal shall be a collaboration
12            among providers across the care and community
13            spectrum, including preventative care, primary
14            care specialty care, hospital services, mental
15            health and substance abuse services, as well as
16            community-based entities that address the social
17            determinants of health;
18                (iii) the proposal shall be specifically
19            designed to improve healthcare outcomes and reduce
20            healthcare disparities, and improve the
21            coordination, effectiveness, and efficiency of
22            care delivery;
23                (iv) the proposal shall have specific
24            measurable metrics related to disparities that
25            will be tracked by the Department and made public
26            by the Department;

 

 

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1                (v) the proposal shall include a commitment to
2            include Business Enterprise Program certified
3            vendors or other entities controlled and managed
4            by minorities or women; and
5                (vi) the proposal shall specifically increase
6            access to primary, preventive, or specialty care.
7            (F) Entities eligible to be funded.
8                (i) Proposals for funding should come from
9            collaborations operating in one of the most
10            distressed communities in Illinois as determined
11            by the U.S. Centers for Disease Control and
12            Prevention's Social Vulnerability Index for
13            Illinois and areas disproportionately impacted by
14            COVID-19 or from rural areas of Illinois.
15                (ii) The Department shall prioritize
16            partnerships from distressed communities, which
17            include Business Enterprise Program certified
18            vendors or other entities controlled and managed
19            by minorities or women and also include one or more
20            of the following: safety-net hospitals, critical
21            access hospitals, the campuses of hospitals that
22            have closed since January 1, 2018, or other
23            healthcare providers designed to address specific
24            healthcare disparities, including the impact of
25            COVID-19 on individuals and the community and the
26            need for post-COVID care. All funded proposals

 

 

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1            must include specific measurable goals and metrics
2            related to improved outcomes and reduced
3            disparities which shall be tracked by the
4            Department.
5                (iii) The Department should target the funding
6            in the following ways: $30,000,000 of
7            transformation funds to projects that are a
8            collaboration between a safety-net hospital,
9            particularly community safety-net hospitals, and
10            other providers and designed to address specific
11            healthcare disparities, $20,000,000 of
12            transformation funds to collaborations between
13            safety-net hospitals and a larger hospital partner
14            that increases specialty care in distressed
15            communities, $30,000,000 of transformation funds
16            to projects that are a collaboration between
17            hospitals and other providers in distressed areas
18            of the State designed to address specific
19            healthcare disparities, $15,000,000 to
20            collaborations between critical access hospitals
21            and other providers designed to address specific
22            healthcare disparities, and $15,000,000 to
23            cross-provider collaborations designed to address
24            specific healthcare disparities, and $5,000,000 to
25            collaborations that focus on workforce
26            development.

 

 

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1                (iv) The Department may allocate up to
2            $5,000,000 for planning, racial equity analysis,
3            or consulting resources for the Department or
4            entities without the resources to develop a plan to
5            meet the criteria of this Section. Any contract for
6            consulting services issued by the Department under
7            this subparagraph shall comply with the provisions
8            of Section 5-45 of the State Officials and
9            Employees Ethics Act. Based on availability of
10            federal funding, the Department may directly
11            procure consulting services or provide funding to
12            the collaboration. The provision of resources
13            under this subparagraph is not a guarantee that a
14            project will be approved.
15                (v) The Department shall take steps to ensure
16            that safety-net hospitals operating in
17            under-resourced communities receive priority
18            access to hospital and healthcare transformation
19            funds, including consulting funds, as provided
20            under this Section.
21            (G) Process for submitting and approving projects
22        for distressed communities. The Department shall issue
23        a template for application. The Department shall post
24        any proposal received on the Department's website for
25        at least 2 weeks for public comment, and any such
26        public comment shall also be considered in the review

 

 

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1        process. Applicants may request that proprietary
2        financial information be redacted from publicly posted
3        proposals and the Department in its discretion may
4        agree. Proposals for each distressed community must
5        include all of the following:
6                (i) A detailed description of how the project
7            intends to affect the goals outlined in this
8            subsection, describing new interventions, new
9            technology, new structures, and other changes to
10            the healthcare delivery system planned.
11                (ii) A detailed description of the racial and
12            ethnic makeup of the entities' board and
13            leadership positions and the salaries of the
14            executive staff of entities in the partnership
15            that is seeking to obtain funding under this
16            Section.
17                (iii) A complete budget, including an overall
18            timeline and a detailed pathway to sustainability
19            within a 5-year period, specifying other sources
20            of funding, such as in-kind, cost-sharing, or
21            private donations, particularly for capital needs.
22            There is an expectation that parties to the
23            transformation project dedicate resources to the
24            extent they are able and that these expectations
25            are delineated separately for each entity in the
26            proposal.

 

 

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1                (iv) A description of any new entities formed
2            or other legal relationships between collaborating
3            entities and how funds will be allocated among
4            participants.
5                (v) A timeline showing the evolution of sites
6            and specific services of the project over a 5-year
7            period, including services available to the
8            community by site.
9                (vi) Clear milestones indicating progress
10            toward the proposed goals of the proposal as
11            checkpoints along the way to continue receiving
12            funding. The Department is authorized to refine
13            these milestones in agreements, and is authorized
14            to impose reasonable penalties, including
15            repayment of funds, for substantial lack of
16            progress.
17                (vii) A clear statement of the level of
18            commitment the project will include for minorities
19            and women in contracting opportunities, including
20            as equity partners where applicable, or as
21            subcontractors and suppliers in all phases of the
22            project.
23                (viii) If the community study utilized is not
24            the study commissioned and published by the
25            Department, the applicant must define the
26            methodology used, including documentation of clear

 

 

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1            community participation.
2                (ix) A description of the process used in
3            collaborating with all levels of government in the
4            community served in the development of the
5            project, including, but not limited to,
6            legislators and officials of other units of local
7            government.
8                (x) Documentation of a community input process
9            in the community served, including links to
10            proposal materials on public websites.
11                (xi) Verifiable project milestones and quality
12            metrics that will be impacted by transformation.
13            These project milestones and quality metrics must
14            be identified with improvement targets that must
15            be met.
16                (xii) Data on the number of existing employees
17            by various job categories and wage levels by the
18            zip code of the employees' residence and
19            benchmarks for the continued maintenance and
20            improvement of these levels. The proposal must
21            also describe any retraining or other workforce
22            development planned for the new project.
23                (xiii) If a new entity is created by the
24            project, a description of how the board will be
25            reflective of the community served by the
26            proposal.

 

 

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1                (xiv) An explanation of how the proposal will
2            address the existing disparities that exacerbated
3            the impact of COVID-19 and the need for post-COVID
4            care in the community, if applicable.
5                (xv) An explanation of how the proposal is
6            designed to increase access to care, including
7            specialty care based upon the community's needs.
8            (H) The Department shall evaluate proposals for
9        compliance with the criteria listed under subparagraph
10        (G). Proposals meeting all of the criteria may be
11        eligible for funding with the areas of focus
12        prioritized as described in item (ii) of subparagraph
13        (F). Based on the funds available, the Department may
14        negotiate funding agreements with approved applicants
15        to maximize federal funding. Nothing in this
16        subsection requires that an approved project be funded
17        to the level requested. Agreements shall specify the
18        amount of funding anticipated annually, the
19        methodology of payments, the limit on the number of
20        years such funding may be provided, and the milestones
21        and quality metrics that must be met by the projects in
22        order to continue to receive funding during each year
23        of the program. Agreements shall specify the terms and
24        conditions under which a health care facility that
25        receives funds under a purchase of care agreement and
26        closes in violation of the terms of the agreement must

 

 

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1        pay an early closure fee no greater than 50% of the
2        funds it received under the agreement, prior to the
3        Health Facilities and Services Review Board
4        considering an application for closure of the
5        facility. Any project that is funded shall be required
6        to provide quarterly written progress reports, in a
7        form prescribed by the Department, and at a minimum
8        shall include the progress made in achieving any
9        milestones or metrics or Business Enterprise Program
10        commitments in its plan. The Department may reduce or
11        end payments, as set forth in transformation plans, if
12        milestones or metrics or Business Enterprise Program
13        commitments are not achieved. The Department shall
14        seek to make payments from the transformation fund in a
15        manner that is eligible for federal matching funds.
16            In reviewing the proposals, the Department shall
17        take into account the needs of the community, data from
18        the study commissioned by the Department from the
19        University of Illinois-Chicago if applicable, feedback
20        from public comment on the Department's website, as
21        well as how the proposal meets the criteria listed
22        under subparagraph (G). Alignment with the
23        Department's overall strategic initiatives shall be an
24        important factor. To the extent that fiscal year
25        funding is not adequate to fund all eligible projects
26        that apply, the Department shall prioritize

 

 

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1        applications that most comprehensively and effectively
2        address the criteria listed under subparagraph (G).
3        (3) (Blank).
4        (4) Hospital Transformation Review Committee. There is
5    created the Hospital Transformation Review Committee. The
6    Committee shall consist of 14 members. No later than 30
7    days after March 12, 2018 (the effective date of Public Act
8    100-581), the 4 legislative leaders shall each appoint 3
9    members; the Governor shall appoint the Director of
10    Healthcare and Family Services, or his or her designee, as
11    a member; and the Director of Healthcare and Family
12    Services shall appoint one member. Any vacancy shall be
13    filled by the applicable appointing authority within 15
14    calendar days. The members of the Committee shall select a
15    Chair and a Vice-Chair from among its members, provided
16    that the Chair and Vice-Chair cannot be appointed by the
17    same appointing authority and must be from different
18    political parties. The Chair shall have the authority to
19    establish a meeting schedule and convene meetings of the
20    Committee, and the Vice-Chair shall have the authority to
21    convene meetings in the absence of the Chair. The Committee
22    may establish its own rules with respect to meeting
23    schedule, notice of meetings, and the disclosure of
24    documents; however, the Committee shall not have the power
25    to subpoena individuals or documents and any rules must be
26    approved by 9 of the 14 members. The Committee shall

 

 

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1    perform the functions described in this Section and advise
2    and consult with the Director in the administration of this
3    Section. In addition to reviewing and approving the
4    policies, procedures, and rules for the hospital and health
5    care transformation program, the Committee shall consider
6    and make recommendations related to qualifying criteria
7    and payment methodologies related to safety-net hospitals
8    and children's hospitals. Members of the Committee
9    appointed by the legislative leaders shall be subject to
10    the jurisdiction of the Legislative Ethics Commission, not
11    the Executive Ethics Commission, and all requests under the
12    Freedom of Information Act shall be directed to the
13    applicable Freedom of Information officer for the General
14    Assembly. The Department shall provide operational support
15    to the Committee as necessary. The Committee is dissolved
16    on April 1, 2019.
17    (e) Beginning 36 months after initial implementation, the
18Department shall update the reimbursement components in
19subsections (a) and (b), including standardized amounts and
20weighting factors, and at least triennially and no more
21frequently than annually thereafter. The Department shall
22publish these updates on its website no later than 30 calendar
23days prior to their effective date.
24    (f) Continuation of supplemental payments. Any
25supplemental payments authorized under Illinois Administrative
26Code 148 effective January 1, 2014 and that continue during the

 

 

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1period of July 1, 2014 through December 31, 2014 shall remain
2in effect as long as the assessment imposed by Section 5A-2
3that is in effect on December 31, 2017 remains in effect.
4    (g) Notwithstanding subsections (a) through (f) of this
5Section and notwithstanding the changes authorized under
6Section 5-5b.1, any updates to the system shall not result in
7any diminishment of the overall effective rates of
8reimbursement as of the implementation date of the new system
9(July 1, 2014). These updates shall not preclude variations in
10any individual component of the system or hospital rate
11variations. Nothing in this Section shall prohibit the
12Department from increasing the rates of reimbursement or
13developing payments to ensure access to hospital services.
14Nothing in this Section shall be construed to guarantee a
15minimum amount of spending in the aggregate or per hospital as
16spending may be impacted by factors, including, but not limited
17to, the number of individuals in the medical assistance program
18and the severity of illness of the individuals.
19    (h) The Department shall have the authority to modify by
20rulemaking any changes to the rates or methodologies in this
21Section as required by the federal government to obtain federal
22financial participation for expenditures made under this
23Section.
24    (i) Except for subsections (g) and (h) of this Section, the
25Department shall, pursuant to subsection (c) of Section 5-40 of
26the Illinois Administrative Procedure Act, provide for

 

 

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1presentation at the June 2014 hearing of the Joint Committee on
2Administrative Rules (JCAR) additional written notice to JCAR
3of the following rules in order to commence the second notice
4period for the following rules: rules published in the Illinois
5Register, rule dated February 21, 2014 at 38 Ill. Reg. 4559
6(Medical Payment), 4628 (Specialized Health Care Delivery
7Systems), 4640 (Hospital Services), 4932 (Diagnostic Related
8Grouping (DRG) Prospective Payment System (PPS)), and 4977
9(Hospital Reimbursement Changes), and published in the
10Illinois Register dated March 21, 2014 at 38 Ill. Reg. 6499
11(Specialized Health Care Delivery Systems) and 6505 (Hospital
12Services).
13    (j) Out-of-state hospitals. Beginning July 1, 2018, for
14purposes of determining for State fiscal years 2019 and 2020
15and subsequent fiscal years the hospitals eligible for the
16payments authorized under subsections (a) and (b) of this
17Section, the Department shall include out-of-state hospitals
18that are designated a Level I pediatric trauma center or a
19Level I trauma center by the Department of Public Health as of
20December 1, 2017.
21    (k) The Department shall notify each hospital and managed
22care organization, in writing, of the impact of the updates
23under this Section at least 30 calendar days prior to their
24effective date.
25(Source: P.A. 100-581, eff. 3-12-18; 100-1181, eff. 3-8-19;
26101-81, eff. 7-12-19; 101-650, eff. 7-7-20.)
 

 

 

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1
Article 13.

 
2    Section 13-5. The Illinois Public Aid Code is amended by
3changing Section 12-4.53 as follows:
 
4    (305 ILCS 5/12-4.53)
5    Sec. 12-4.53. Prospective Payment System (PPS) rates.
6Effective January 1, 2021, and subsequent years, based on
7specific appropriation, the Prospective Payment System (PPS)
8rates for FQHCs shall be increased based on the cost principles
9found at 45 Code of Federal Regulations Part 75 or its
10successor. Such rates shall be increased by using any of the
11following methods: reducing the current minimum productivity
12and efficiency standards no lower than 3500 encounters per FTE
13physician; increasing the statewide median cost cap from 105%
14to 120%, or a one-time re-basing of rates utilizing 2018 FQHC
15cost reports, or another alternative payment method acceptable
16to the Centers for Medicare and Medicaid Services and the
17FQHCs, including an across the board percentage increase to
18existing rates.
19(Source: P.A. 101-636, eff. 6-10-20.)
 
20
Article 15.

 
21    Section 15-1. Short title. This Act may be cited as the

 

 

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1COVID-19 Medically Necessary Diagnostic Testing Act.
 
2    Section 15-5. Findings. The General Assembly finds that
3COVID-19 has infected hundreds of thousands of Illinois
4residents and taken the lives of tens of thousands all within
5less than a year's time. Nursing home residents are at
6particular risk of the virus due to many factors, and routine
7testing among residents and staff is critical to control the
8spread within facilities. Nursing facilities are required by
9federal and State regulation to conduct COVID-19 routine
10testing at specified intervals.
11    The General Assembly finds that some insurance companies
12are denying coverage of routine COVID-19 testing for insured
13staff because it is not deemed medically necessary.
14    The General Assembly also finds that diagnostic testing for
15COVID-19 is a medically necessary basic health care service for
16nursing home employees, regardless of whether the employee has
17symptoms of COVID-19 infection or is asymptomatic, or whether
18the employee has a known or suspected exposure to a person with
19COVID-19.
20    The General Assembly therefore finds and declares that
21routine COVID-19 testing of nursing home facility employees, as
22mandated by State or federal laws, rules, regulations, or
23guidance, is medically necessary and insurance companies must
24cover the cost associated with such testing.
 

 

 

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1    Section 15-10. Applicability. This Act applies to
2companies as defined in subsection (e) of Section 2 of the
3Illinois Insurance Code, which offer insurance policies and
4coverage to employees of long-term care facilities as defined
5in Section 1-113 of the Nursing Home Care Act.
 
6    Section 15-15. Definitions.
7    "COVID-19" means the disease caused by SARS-CoV-2 or any
8further mutation.
9    "Diagnostic testing" means testing administered for the
10purposes of diagnosing COVID-19 or a related virus and the
11administration of such tests if the test is:
12        (1) approved, cleared, or authorized under Section
13    510(k), 513, 515, or 564 of the Federal Food, Drug, and
14    Cosmetic Act (21 U.S.C. 360(k), 360c, 360e, and 360bbb-3);
15        (2) the subject of a request or intended request for
16    emergency use authorization under Section 564 of the
17    Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3),
18    until the emergency use authorization request has been
19    denied or the developer of the test does not submit a
20    request within a reasonable timeframe;
21        (3) developed and authorized by a state that has
22    notified the Secretary of the United States Department of
23    Health and Human Services of its intention to review a test
24    intended to diagnose COVID-19; or
25        (4) determined by the Secretary of the United States

 

 

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1    Department of Health and Human Services or the Director of
2    the Centers for Disease Control and Prevention as
3    appropriate for the diagnosis of COVID-19.
4    "Enrollee" means a nursing home employee who is covered by
5a health plan.
6    "Health plan" means all policies, contracts, and
7certificates of health insurance coverage that are or will be
8enforced, issued, delivered, amended, or renewed in this State
9and subject to the authority of the Director of Insurance under
10any insurance law.
11    "Nursing home employee" means anyone employed by or under
12contract with a long-term care facility as defined in Section
131-113 of the Nursing Home Care Act, or under contract with a
14third party to provide services within a long-term care
15facility.
16    "Testing provider" means any professional person,
17organization, health facility, or other person or institution
18licensed or authorized by the State to deliver or furnish
19COVID-19 diagnostic tests. Testing providers include
20physicians and other primary care providers; urgent care
21centers; State-run or county-run clinics or testing sites;
22pharmacies; university laboratories; hospital emergency
23departments; skilled nursing facilities; and any other
24outpatient provider setting for which the diagnosis of COVID-19
25is within the scope of the provider's State licensure or
26authorization.
 

 

 

SB1510 Enrolled- 50 -LRB101 08498 CPF 53575 b

1    Section 15-20. Diagnostic testing.
2    (a) A health plan shall not impose utilization management
3requirements on COVID-19 diagnostic tests for nursing home
4employees.
5    (b) A health plan may inquire as to whether an enrollee is
6a nursing home employee as defined in this Act, but shall
7require no further evidence or verification of the enrollee's
8nursing home employee status when determining whether the
9enrollee is a nursing home employee.
10    (c) Medically necessary COVID-19 testing is urgent care,
11and health plans shall not extend the applicable wait time for
12a COVID-19 testing appointment, even if such an extension would
13otherwise be permitted.
14    (d) A health plan shall reimburse the testing provider for
15medically necessary COVID-19 testing at the contracted rate if
16the health plan has a contract with the testing provider. If
17the health plan and the testing provider do not have a contract
18that encompasses COVID-19 testing, the health plan shall
19reimburse the provider at the provider's cash price, when
20required by federal law. In all other instances, the health
21plan shall reimburse the provider for the reasonable and
22customary value of the services.
23    (e) Changes to a contract between a health plan and a
24provider delegating financial risk for COVID-19 diagnostic
25testing, including related items and services, shall be

 

 

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1considered a material change to the parties' contract. A health
2plan shall not delegate the financial risk to a contracted
3provider for the cost of the enrollee services provided under
4this Section unless the parties have negotiated and agreed upon
5a new provision of the parties' contract.
6    (f) The timeframes specified in the Illinois Insurance Code
7apply for the submission and payment of claims for COVID-19
8diagnostic testing and related items and services. A health
9plan shall not delay or deny payment of a testing provider's
10claim for services received by an enrollee in accordance with
11this Section.
12    (g) For purposes of the submission of claims in accordance
13with this Section, "provider" includes the State of Illinois,
14university laboratories, and State-run or county-run clinics
15or other testing sites.
16    (h) Failure by a health plan to comply with the
17requirements of this Act may constitute a basis for
18disciplinary action against the health plan. The Director of
19Insurance shall have all the civil, criminal, and
20administrative remedies available under the Illinois Insurance
21Code.
 
22
Article 30.

 
23    Section 30-5. The Nursing Home Care Act is amended by
24changing Section 3-206 as follows:
 

 

 

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1    (210 ILCS 45/3-206)  (from Ch. 111 1/2, par. 4153-206)
2    Sec. 3-206. The Department shall prescribe a curriculum for
3training nursing assistants, habilitation aides, and child
4care aides.
5    (a) No person, except a volunteer who receives no
6compensation from a facility and is not included for the
7purpose of meeting any staffing requirements set forth by the
8Department, shall act as a nursing assistant, habilitation
9aide, or child care aide in a facility, nor shall any person,
10under any other title, not licensed, certified, or registered
11to render medical care by the Department of Financial and
12Professional Regulation, assist with the personal, medical, or
13nursing care of residents in a facility, unless such person
14meets the following requirements:
15        (1) Be at least 16 years of age, of temperate habits
16    and good moral character, honest, reliable and
17    trustworthy.
18        (2) Be able to speak and understand the English
19    language or a language understood by a substantial
20    percentage of the facility's residents.
21        (3) Provide evidence of employment or occupation, if
22    any, and residence for 2 years prior to his present
23    employment.
24        (4) Have completed at least 8 years of grade school or
25    provide proof of equivalent knowledge.

 

 

SB1510 Enrolled- 53 -LRB101 08498 CPF 53575 b

1        (5) Begin a current course of training for nursing
2    assistants, habilitation aides, or child care aides,
3    approved by the Department, within 45 days of initial
4    employment in the capacity of a nursing assistant,
5    habilitation aide, or child care aide at any facility. Such
6    courses of training shall be successfully completed within
7    120 days of initial employment in the capacity of nursing
8    assistant, habilitation aide, or child care aide at a
9    facility. Nursing assistants, habilitation aides, and
10    child care aides who are enrolled in approved courses in
11    community colleges or other educational institutions on a
12    term, semester or trimester basis, shall be exempt from the
13    120-day completion time limit. The Department shall adopt
14    rules for such courses of training. These rules shall
15    include procedures for facilities to carry on an approved
16    course of training within the facility. The Department
17    shall allow an individual to satisfy the supervised
18    clinical experience requirement for placement on the
19    Health Care Worker Registry under 77 Ill. Adm. Code 300.663
20    through supervised clinical experience at an assisted
21    living establishment licensed under the Assisted Living
22    and Shared Housing Act. The Department shall adopt rules
23    requiring that the Health Care Worker Registry include
24    information identifying where an individual on the Health
25    Care Worker Registry received his or her clinical training.
26        The Department may accept comparable training in lieu

 

 

SB1510 Enrolled- 54 -LRB101 08498 CPF 53575 b

1    of the 120-hour course for student nurses, foreign nurses,
2    military personnel, or employees of the Department of Human
3    Services.
4        The Department shall accept on-the-job experience in
5    lieu of clinical training from any individual who
6    participated in the temporary nursing assistant program
7    during the COVID-19 pandemic before the end date of the
8    temporary nursing assistant program and left the program in
9    good standing, and the Department shall notify all approved
10    certified nurse assistant training programs in the State of
11    this requirement. The individual shall receive one hour of
12    credit for every hour employed as a temporary nursing
13    assistant, up to 40 total hours, and shall be permitted 90
14    days after the end date of the temporary nursing assistant
15    program to enroll in an approved certified nursing
16    assistant training program and 240 days to successfully
17    complete the certified nursing assistant training program.
18    Temporary nursing assistants who enroll in a certified
19    nursing assistant training program within 90 days of the
20    end of the temporary nursing assistant program may continue
21    to work as a nursing assistant for up to 240 days after
22    enrollment in the certified nursing assistant training
23    program. As used in this Section, "temporary nursing
24    assistant program" means the program implemented by the
25    Department of Public Health by emergency rule, as listed in
26    44 Ill. Reg. 7936, effective April 21, 2020.

 

 

SB1510 Enrolled- 55 -LRB101 08498 CPF 53575 b

1        The facility shall develop and implement procedures,
2    which shall be approved by the Department, for an ongoing
3    review process, which shall take place within the facility,
4    for nursing assistants, habilitation aides, and child care
5    aides.
6        At the time of each regularly scheduled licensure
7    survey, or at the time of a complaint investigation, the
8    Department may require any nursing assistant, habilitation
9    aide, or child care aide to demonstrate, either through
10    written examination or action, or both, sufficient
11    knowledge in all areas of required training. If such
12    knowledge is inadequate the Department shall require the
13    nursing assistant, habilitation aide, or child care aide to
14    complete inservice training and review in the facility
15    until the nursing assistant, habilitation aide, or child
16    care aide demonstrates to the Department, either through
17    written examination or action, or both, sufficient
18    knowledge in all areas of required training.
19        (6) Be familiar with and have general skills related to
20    resident care.
21    (a-0.5) An educational entity, other than a secondary
22school, conducting a nursing assistant, habilitation aide, or
23child care aide training program shall initiate a criminal
24history record check in accordance with the Health Care Worker
25Background Check Act prior to entry of an individual into the
26training program. A secondary school may initiate a criminal

 

 

SB1510 Enrolled- 56 -LRB101 08498 CPF 53575 b

1history record check in accordance with the Health Care Worker
2Background Check Act at any time during or after a training
3program.
4    (a-1) Nursing assistants, habilitation aides, or child
5care aides seeking to be included on the Health Care Worker
6Registry under the Health Care Worker Background Check Act on
7or after January 1, 1996 must authorize the Department of
8Public Health or its designee to request a criminal history
9record check in accordance with the Health Care Worker
10Background Check Act and submit all necessary information. An
11individual may not newly be included on the Health Care Worker
12Registry unless a criminal history record check has been
13conducted with respect to the individual.
14    (b) Persons subject to this Section shall perform their
15duties under the supervision of a licensed nurse.
16    (c) It is unlawful for any facility to employ any person in
17the capacity of nursing assistant, habilitation aide, or child
18care aide, or under any other title, not licensed by the State
19of Illinois to assist in the personal, medical, or nursing care
20of residents in such facility unless such person has complied
21with this Section.
22    (d) Proof of compliance by each employee with the
23requirements set out in this Section shall be maintained for
24each such employee by each facility in the individual personnel
25folder of the employee. Proof of training shall be obtained
26only from the Health Care Worker Registry.

 

 

SB1510 Enrolled- 57 -LRB101 08498 CPF 53575 b

1    (e) Each facility shall obtain access to the Health Care
2Worker Registry's web application, maintain the employment and
3demographic information relating to each employee, and verify
4by the category and type of employment that each employee
5subject to this Section meets all the requirements of this
6Section.
7    (f) Any facility that is operated under Section 3-803 shall
8be exempt from the requirements of this Section.
9    (g) Each skilled nursing and intermediate care facility
10that admits persons who are diagnosed as having Alzheimer's
11disease or related dementias shall require all nursing
12assistants, habilitation aides, or child care aides, who did
13not receive 12 hours of training in the care and treatment of
14such residents during the training required under paragraph (5)
15of subsection (a), to obtain 12 hours of in-house training in
16the care and treatment of such residents. If the facility does
17not provide the training in-house, the training shall be
18obtained from other facilities, community colleges or other
19educational institutions that have a recognized course for such
20training. The Department shall, by rule, establish a recognized
21course for such training. The Department's rules shall provide
22that such training may be conducted in-house at each facility
23subject to the requirements of this subsection, in which case
24such training shall be monitored by the Department.
25    The Department's rules shall also provide for
26circumstances and procedures whereby any person who has

 

 

SB1510 Enrolled- 58 -LRB101 08498 CPF 53575 b

1received training that meets the requirements of this
2subsection shall not be required to undergo additional training
3if he or she is transferred to or obtains employment at a
4different facility or a facility other than a long-term care
5facility but remains continuously employed for pay as a nursing
6assistant, habilitation aide, or child care aide. Individuals
7who have performed no nursing or nursing-related services for a
8period of 24 consecutive months shall be listed as "inactive"
9and as such do not meet the requirements of this Section.
10Licensed sheltered care facilities shall be exempt from the
11requirements of this Section.
12    An individual employed during the COVID-19 pandemic as a
13nursing assistant in accordance with any Executive Orders,
14emergency rules, or policy memoranda related to COVID-19 shall
15be assumed to meet competency standards and may continue to be
16employed as a certified nurse assistant when the pandemic ends
17and the Executive Orders or emergency rules lapse. Such
18individuals shall be listed on the Department's Health Care
19Worker Registry website as "active".
20(Source: P.A. 100-297, eff. 8-24-17; 100-432, eff. 8-25-17;
21100-863, eff. 8-14-18.)
 
22
Article 40.

 
23    Section 40-5. The Nurse Practice Act is amended by changing
24Sections 55-35 and 60-40 as follows:
 

 

 

SB1510 Enrolled- 59 -LRB101 08498 CPF 53575 b

1    (225 ILCS 65/55-35)
2    (Section scheduled to be repealed on January 1, 2028)
3    Sec. 55-35. Continuing education for LPN licensees. The
4Department may adopt rules of continuing education for licensed
5practical nurses that require 20 hours of continuing education
6per 2-year license renewal cycle. The rules shall address
7variances in part or in whole for good cause, including without
8limitation illness or hardship. The continuing education rules
9must ensure that licensees are given the opportunity to
10participate in programs sponsored by or through their State or
11national professional associations, hospitals, or other
12providers of continuing education. The continuing education
13rules must allow for a licensee to complete all required hours
14of continuing education in an online format. Each licensee is
15responsible for maintaining records of completion of
16continuing education and shall be prepared to produce the
17records when requested by the Department.
18(Source: P.A. 95-639, eff. 10-5-07.)
 
19    (225 ILCS 65/60-40)
20    (Section scheduled to be repealed on January 1, 2028)
21    Sec. 60-40. Continuing education for RN licensees. The
22Department may adopt rules of continuing education for
23registered professional nurses licensed under this Act that
24require 20 hours of continuing education per 2-year license

 

 

SB1510 Enrolled- 60 -LRB101 08498 CPF 53575 b

1renewal cycle. The rules shall address variances in part or in
2whole for good cause, including without limitation illness or
3hardship. The continuing education rules must ensure that
4licensees are given the opportunity to participate in programs
5sponsored by or through their State or national professional
6associations, hospitals, or other providers of continuing
7education. The continuing education rules must allow for a
8licensee to complete all required hours of continuing education
9in an online format. Each licensee is responsible for
10maintaining records of completion of continuing education and
11shall be prepared to produce the records when requested by the
12Department.
13(Source: P.A. 95-639, eff. 10-5-07.)
 
14    Section 40-10. The Nursing Home Administrators Licensing
15and Disciplinary Act is amended by changing Section 11 as
16follows:
 
17    (225 ILCS 70/11)  (from Ch. 111, par. 3661)
18    (Section scheduled to be repealed on January 1, 2028)
19    Sec. 11. Expiration; renewal; continuing education. The
20expiration date and renewal period for each license issued
21under this Act shall be set by rule.
22    Each licensee shall provide proof of having obtained 36
23hours of continuing education in the 2 year period preceding
24the renewal date of the license as a condition of license

 

 

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1renewal. The continuing education rules must allow for a
2licensee to complete all required hours of continuing education
3in an online format. The continuing education requirement may
4be waived in part or in whole for such good cause as may be
5determined by rule.
6    Any continuing education course for nursing home
7administrators approved by the National Continuing Education
8Review Service of the National Association of Boards of
9Examiners of Nursing Home Administrators will be accepted
10toward satisfaction of these requirements.
11    Any continuing education course for nursing home
12administrators sponsored by the Life Services Network of
13Illinois, Illinois Council on Long Term Care, County Nursing
14Home Association of Illinois, Illinois Health Care
15Association, Illinois Chapter of American College of Health
16Care Administrators, and the Illinois Nursing Home
17Administrators Association will be accepted toward
18satisfaction of these requirements.
19    Any school, college or university, State agency, or other
20entity may apply to the Department for approval as a continuing
21education sponsor. Criteria for qualification as a continuing
22education sponsor shall be established by rule.
23    It shall be the responsibility of each continuing education
24sponsor to maintain records, as prescribed by rule, to verify
25attendance.
26    The Department shall establish by rule a means for the

 

 

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1verification of completion of the continuing education
2required by this Section. This verification may be accomplished
3through audits of records maintained by registrants; by
4requiring the filing of continuing education certificates with
5the Department; or by other means established by the
6Department.
7    Any nursing home administrator who has permitted his or her
8license to expire or who has had his or her license on inactive
9status may have his or her license restored by making
10application to the Department and filing proof acceptable to
11the Department, as defined by rule, of his or her fitness to
12have his or her license restored and by paying the required
13fee. Proof of fitness may include evidence certifying to active
14lawful practice in another jurisdiction satisfactory to the
15Department and by paying the required restoration fee.
16    However, any nursing home administrator whose license
17expired while he or she was (1) in federal service on active
18duty with the Armed Forces of the United States, or the State
19Militia called into service or training, or (2) in training or
20education under the supervision of the United States
21preliminary to induction into the military services, may have
22his or her license renewed or restored without paying any
23lapsed renewal fees if within 2 years after honorable
24termination of such service, training or education, he or she
25furnishes the Department with satisfactory evidence to the
26effect that he or she has been so engaged and that his or her

 

 

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1service, training or education has been so terminated.
2(Source: P.A. 95-703, eff. 12-31-07.)
 
3
Article 99.

 
4    Section 99-99. Effective date. This Act takes effect upon
5becoming law.