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1 | AN ACT concerning public aid.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Administrative Procedure Act is | ||||||
5 | amended by adding Section 5-45.1 as follows: | ||||||
6 | (5 ILCS 100/5-45.1 new) | ||||||
7 | Sec. 5-45.1. Emergency rulemaking; ID/DD and MC/DD | ||||||
8 | facility rates. To provide for the expeditious and timely | ||||||
9 | implementation of changes made to Section 5-5.4 of the Illinois | ||||||
10 | Public Aid Code by this amendatory Act of the 101st General | ||||||
11 | Assembly, emergency rules implementing the changes made to | ||||||
12 | Section 5-5.4 of the Illinois Public Aid Code by this | ||||||
13 | amendatory Act of the 101st General Assembly may be adopted in | ||||||
14 | accordance with Section 5-45 by the Department of Healthcare | ||||||
15 | and Family Services. The adoption of emergency rules authorized | ||||||
16 | by Section 5-45 and this Section is deemed to be necessary for | ||||||
17 | the public interest, safety, and welfare. | ||||||
18 | This Section is repealed on January 1, 2026. | ||||||
19 | Section 10. The Illinois Public Aid Code is amended by | ||||||
20 | changing Section 5-5.4 as follows:
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21 | (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
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1 | Sec. 5-5.4. Standards of Payment - Department of Healthcare | ||||||
2 | and Family Services.
The Department of Healthcare and Family | ||||||
3 | Services shall develop standards of payment of
nursing facility | ||||||
4 | and ICF/DD services in facilities providing such services
under | ||||||
5 | this Article which:
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6 | (1) Provide for the determination of a facility's payment
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7 | for nursing facility or ICF/DD services on a prospective basis.
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8 | The amount of the payment rate for all nursing facilities | ||||||
9 | certified by the
Department of Public Health under the ID/DD | ||||||
10 | Community Care Act or the Nursing Home Care Act as Intermediate
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11 | Care for the Developmentally Disabled facilities, Long Term | ||||||
12 | Care for Under Age
22 facilities, Skilled Nursing facilities, | ||||||
13 | or Intermediate Care facilities
under the
medical assistance | ||||||
14 | program shall be prospectively established annually on the
| ||||||
15 | basis of historical, financial, and statistical data | ||||||
16 | reflecting actual costs
from prior years, which shall be | ||||||
17 | applied to the current rate year and updated
for inflation, | ||||||
18 | except that the capital cost element for newly constructed
| ||||||
19 | facilities shall be based upon projected budgets. The annually | ||||||
20 | established
payment rate shall take effect on July 1 in 1984 | ||||||
21 | and subsequent years. No rate
increase and no
update for | ||||||
22 | inflation shall be provided on or after July 1, 1994, unless | ||||||
23 | specifically provided for in this
Section.
The changes made by | ||||||
24 | Public Act 93-841
extending the duration of the prohibition | ||||||
25 | against a rate increase or update for inflation are effective | ||||||
26 | retroactive to July 1, 2004.
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1 | For facilities licensed by the Department of Public Health | ||||||
2 | under the Nursing
Home Care Act as Intermediate Care for the | ||||||
3 | Developmentally Disabled facilities
or Long Term Care for Under | ||||||
4 | Age 22 facilities, the rates taking effect on July
1, 1998 | ||||||
5 | shall include an increase of 3%. For facilities licensed by the
| ||||||
6 | Department of Public Health under the Nursing Home Care Act as | ||||||
7 | Skilled Nursing
facilities or Intermediate Care facilities, | ||||||
8 | the rates taking effect on July 1,
1998 shall include an | ||||||
9 | increase of 3% plus $1.10 per resident-day, as defined by
the | ||||||
10 | Department. For facilities licensed by the Department of Public | ||||||
11 | Health under the Nursing Home Care Act as Intermediate Care | ||||||
12 | Facilities for the Developmentally Disabled or Long Term Care | ||||||
13 | for Under Age 22 facilities, the rates taking effect on January | ||||||
14 | 1, 2006 shall include an increase of 3%.
For facilities | ||||||
15 | licensed by the Department of Public Health under the Nursing | ||||||
16 | Home Care Act as Intermediate Care Facilities for the | ||||||
17 | Developmentally Disabled or Long Term Care for Under Age 22 | ||||||
18 | facilities, the rates taking effect on January 1, 2009 shall | ||||||
19 | include an increase sufficient to provide a $0.50 per hour wage | ||||||
20 | increase for non-executive staff. For facilities licensed by | ||||||
21 | the Department of Public Health under the ID/DD Community Care | ||||||
22 | Act as ID/DD Facilities the rates taking effect within 30 days | ||||||
23 | after July 6, 2017 (the effective date of Public Act 100-23) | ||||||
24 | shall include an increase sufficient to provide a $0.75 per | ||||||
25 | hour wage increase for non-executive staff. The Department | ||||||
26 | shall adopt rules, including emergency rules under subsection |
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1 | (y) of Section 5-45 of the Illinois Administrative Procedure | ||||||
2 | Act, to implement the provisions of this paragraph. For | ||||||
3 | facilities licensed by the Department of Public Health under | ||||||
4 | the ID/DD Community Care Act as ID/DD Facilities and under the | ||||||
5 | MC/DD Act as MC/DD Facilities, the rates taking effect within | ||||||
6 | 30 days after the effective date of this amendatory Act of the | ||||||
7 | 100th General Assembly shall include an increase sufficient to | ||||||
8 | provide a $0.50 per hour wage increase for non-executive | ||||||
9 | front-line personnel, including, but not limited to, direct | ||||||
10 | support persons, aides, front-line supervisors, qualified | ||||||
11 | intellectual disabilities professionals, nurses, and | ||||||
12 | non-administrative support staff. The Department shall adopt | ||||||
13 | rules, including emergency rules under subsection (bb) of | ||||||
14 | Section 5-45 of the Illinois Administrative Procedure Act, to | ||||||
15 | implement the provisions of this paragraph. | ||||||
16 | For facilities licensed by the Department of Public Health | ||||||
17 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
18 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
19 | Age 22 facilities, the rates taking
effect on July 1, 1999 | ||||||
20 | shall include an increase of 1.6% plus $3.00 per
resident-day, | ||||||
21 | as defined by the Department. For facilities licensed by the
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22 | Department of Public Health under the Nursing Home Care Act as | ||||||
23 | Skilled Nursing
facilities or Intermediate Care facilities, | ||||||
24 | the rates taking effect on July 1,
1999 shall include an | ||||||
25 | increase of 1.6% and, for services provided on or after
October | ||||||
26 | 1, 1999, shall be increased by $4.00 per resident-day, as |
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1 | defined by
the Department.
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2 | For facilities licensed by the Department of Public Health | ||||||
3 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
4 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
5 | Age 22 facilities, the rates taking
effect on July 1, 2000 | ||||||
6 | shall include an increase of 2.5% per resident-day,
as defined | ||||||
7 | by the Department. For facilities licensed by the Department of
| ||||||
8 | Public Health under the Nursing Home Care Act as Skilled | ||||||
9 | Nursing facilities or
Intermediate Care facilities, the rates | ||||||
10 | taking effect on July 1, 2000 shall
include an increase of 2.5% | ||||||
11 | per resident-day, as defined by the Department.
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12 | For facilities licensed by the Department of Public Health | ||||||
13 | under the
Nursing Home Care Act as skilled nursing facilities | ||||||
14 | or intermediate care
facilities, a new payment methodology must | ||||||
15 | be implemented for the nursing
component of the rate effective | ||||||
16 | July 1, 2003. The Department of Public Aid
(now Healthcare and | ||||||
17 | Family Services) shall develop the new payment methodology | ||||||
18 | using the Minimum Data Set
(MDS) as the instrument to collect | ||||||
19 | information concerning nursing home
resident condition | ||||||
20 | necessary to compute the rate. The Department
shall develop the | ||||||
21 | new payment methodology to meet the unique needs of
Illinois | ||||||
22 | nursing home residents while remaining subject to the | ||||||
23 | appropriations
provided by the General Assembly.
A transition | ||||||
24 | period from the payment methodology in effect on June 30, 2003
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25 | to the payment methodology in effect on July 1, 2003 shall be | ||||||
26 | provided for a
period not exceeding 3 years and 184 days after |
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1 | implementation of the new payment
methodology as follows:
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2 | (A) For a facility that would receive a lower
nursing | ||||||
3 | component rate per patient day under the new system than | ||||||
4 | the facility
received
effective on the date immediately | ||||||
5 | preceding the date that the Department
implements the new | ||||||
6 | payment methodology, the nursing component rate per | ||||||
7 | patient
day for the facility
shall be held at
the level in | ||||||
8 | effect on the date immediately preceding the date that the
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9 | Department implements the new payment methodology until a | ||||||
10 | higher nursing
component rate of
reimbursement is achieved | ||||||
11 | by that
facility.
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12 | (B) For a facility that would receive a higher nursing | ||||||
13 | component rate per
patient day under the payment | ||||||
14 | methodology in effect on July 1, 2003 than the
facility | ||||||
15 | received effective on the date immediately preceding the | ||||||
16 | date that the
Department implements the new payment | ||||||
17 | methodology, the nursing component rate
per patient day for | ||||||
18 | the facility shall be adjusted.
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19 | (C) Notwithstanding paragraphs (A) and (B), the | ||||||
20 | nursing component rate per
patient day for the facility | ||||||
21 | shall be adjusted subject to appropriations
provided by the | ||||||
22 | General Assembly.
| ||||||
23 | For facilities licensed by the Department of Public Health | ||||||
24 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
25 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
26 | Age 22 facilities, the rates taking
effect on March 1, 2001 |
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1 | shall include a statewide increase of 7.85%, as
defined by the | ||||||
2 | Department.
| ||||||
3 | Notwithstanding any other provision of this Section, for | ||||||
4 | facilities licensed by the Department of Public Health under | ||||||
5 | the
Nursing Home Care Act as skilled nursing facilities or | ||||||
6 | intermediate care
facilities, except facilities participating | ||||||
7 | in the Department's demonstration program pursuant to the | ||||||
8 | provisions of Title 77, Part 300, Subpart T of the Illinois | ||||||
9 | Administrative Code, the numerator of the ratio used by the | ||||||
10 | Department of Healthcare and Family Services to compute the | ||||||
11 | rate payable under this Section using the Minimum Data Set | ||||||
12 | (MDS) methodology shall incorporate the following annual | ||||||
13 | amounts as the additional funds appropriated to the Department | ||||||
14 | specifically to pay for rates based on the MDS nursing | ||||||
15 | component methodology in excess of the funding in effect on | ||||||
16 | December 31, 2006: | ||||||
17 | (i) For rates taking effect January 1, 2007, | ||||||
18 | $60,000,000. | ||||||
19 | (ii) For rates taking effect January 1, 2008, | ||||||
20 | $110,000,000. | ||||||
21 | (iii) For rates taking effect January 1, 2009, | ||||||
22 | $194,000,000. | ||||||
23 | (iv) For rates taking effect April 1, 2011, or the | ||||||
24 | first day of the month that begins at least 45 days after | ||||||
25 | the effective date of this amendatory Act of the 96th | ||||||
26 | General Assembly, $416,500,000 or an amount as may be |
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1 | necessary to complete the transition to the MDS methodology | ||||||
2 | for the nursing component of the rate. Increased payments | ||||||
3 | under this item (iv) are not due and payable, however, | ||||||
4 | until (i) the methodologies described in this paragraph are | ||||||
5 | approved by the federal government in an appropriate State | ||||||
6 | Plan amendment and (ii) the assessment imposed by Section | ||||||
7 | 5B-2 of this Code is determined to be a permissible tax | ||||||
8 | under Title XIX of the Social Security Act. | ||||||
9 | Notwithstanding any other provision of this Section, for | ||||||
10 | facilities licensed by the Department of Public Health under | ||||||
11 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
12 | intermediate care facilities, the support component of the | ||||||
13 | rates taking effect on January 1, 2008 shall be computed using | ||||||
14 | the most recent cost reports on file with the Department of | ||||||
15 | Healthcare and Family Services no later than April 1, 2005, | ||||||
16 | updated for inflation to January 1, 2006. | ||||||
17 | For facilities licensed by the Department of Public Health | ||||||
18 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
19 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
20 | Age 22 facilities, the rates taking
effect on April 1, 2002 | ||||||
21 | shall include a statewide increase of 2.0%, as
defined by the | ||||||
22 | Department.
This increase terminates on July 1, 2002;
beginning | ||||||
23 | July 1, 2002 these rates are reduced to the level of the rates
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24 | in effect on March 31, 2002, as defined by the Department.
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25 | For facilities licensed by the Department of Public Health | ||||||
26 | under the
Nursing Home Care Act as skilled nursing facilities |
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1 | or intermediate care
facilities, the rates taking effect on | ||||||
2 | July 1, 2001 shall be computed using the most recent cost | ||||||
3 | reports
on file with the Department of Public Aid no later than | ||||||
4 | April 1, 2000,
updated for inflation to January 1, 2001. For | ||||||
5 | rates effective July 1, 2001
only, rates shall be the greater | ||||||
6 | of the rate computed for July 1, 2001
or the rate effective on | ||||||
7 | June 30, 2001.
| ||||||
8 | Notwithstanding any other provision of this Section, for | ||||||
9 | facilities
licensed by the Department of Public Health under | ||||||
10 | the Nursing Home Care Act
as skilled nursing facilities or | ||||||
11 | intermediate care facilities, the Illinois
Department shall | ||||||
12 | determine by rule the rates taking effect on July 1, 2002,
| ||||||
13 | which shall be 5.9% less than the rates in effect on June 30, | ||||||
14 | 2002.
| ||||||
15 | Notwithstanding any other provision of this Section, for | ||||||
16 | facilities
licensed by the Department of Public Health under | ||||||
17 | the Nursing Home Care Act as
skilled nursing
facilities or | ||||||
18 | intermediate care facilities, if the payment methodologies | ||||||
19 | required under Section 5A-12 and the waiver granted under 42 | ||||||
20 | CFR 433.68 are approved by the United States Centers for | ||||||
21 | Medicare and Medicaid Services, the rates taking effect on July | ||||||
22 | 1, 2004 shall be 3.0% greater than the rates in effect on June | ||||||
23 | 30, 2004. These rates shall take
effect only upon approval and
| ||||||
24 | implementation of the payment methodologies required under | ||||||
25 | Section 5A-12.
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26 | Notwithstanding any other provisions of this Section, for |
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1 | facilities licensed by the Department of Public Health under | ||||||
2 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
3 | intermediate care facilities, the rates taking effect on | ||||||
4 | January 1, 2005 shall be 3% more than the rates in effect on | ||||||
5 | December 31, 2004.
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6 | Notwithstanding any other provision of this Section, for | ||||||
7 | facilities licensed by the Department of Public Health under | ||||||
8 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
9 | intermediate care facilities, effective January 1, 2009, the | ||||||
10 | per diem support component of the rates effective on January 1, | ||||||
11 | 2008, computed using the most recent cost reports on file with | ||||||
12 | the Department of Healthcare and Family Services no later than | ||||||
13 | April 1, 2005, updated for inflation to January 1, 2006, shall | ||||||
14 | be increased to the amount that would have been derived using | ||||||
15 | standard Department of Healthcare and Family Services methods, | ||||||
16 | procedures, and inflators. | ||||||
17 | Notwithstanding any other provisions of this Section, for | ||||||
18 | facilities licensed by the Department of Public Health under | ||||||
19 | the Nursing Home Care Act as intermediate care facilities that | ||||||
20 | are federally defined as Institutions for Mental Disease, or | ||||||
21 | facilities licensed by the Department of Public Health under | ||||||
22 | the Specialized Mental Health Rehabilitation Act of 2013, a | ||||||
23 | socio-development component rate equal to 6.6% of the | ||||||
24 | facility's nursing component rate as of January 1, 2006 shall | ||||||
25 | be established and paid effective July 1, 2006. The | ||||||
26 | socio-development component of the rate shall be increased by a |
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1 | factor of 2.53 on the first day of the month that begins at | ||||||
2 | least 45 days after January 11, 2008 (the effective date of | ||||||
3 | Public Act 95-707). As of August 1, 2008, the socio-development | ||||||
4 | component rate shall be equal to 6.6% of the facility's nursing | ||||||
5 | component rate as of January 1, 2006, multiplied by a factor of | ||||||
6 | 3.53. For services provided on or after April 1, 2011, or the | ||||||
7 | first day of the month that begins at least 45 days after the | ||||||
8 | effective date of this amendatory Act of the 96th General | ||||||
9 | Assembly, whichever is later, the Illinois Department may by | ||||||
10 | rule adjust these socio-development component rates, and may | ||||||
11 | use different adjustment methodologies for those facilities | ||||||
12 | participating, and those not participating, in the Illinois | ||||||
13 | Department's demonstration program pursuant to the provisions | ||||||
14 | of Title 77, Part 300, Subpart T of the Illinois Administrative | ||||||
15 | Code, but in no case may such rates be diminished below those | ||||||
16 | in effect on August 1, 2008.
| ||||||
17 | For facilities
licensed
by the
Department of Public Health | ||||||
18 | under the Nursing Home Care Act as Intermediate
Care for
the | ||||||
19 | Developmentally Disabled facilities or as long-term care | ||||||
20 | facilities for
residents under 22 years of age, the rates | ||||||
21 | taking effect on July 1,
2003 shall
include a statewide | ||||||
22 | increase of 4%, as defined by the Department.
| ||||||
23 | For facilities licensed by the Department of Public Health | ||||||
24 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
25 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
26 | Age 22 facilities, the rates taking
effect on the first day of |
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| |||||||
1 | the month that begins at least 45 days after the effective date | ||||||
2 | of this amendatory Act of the 95th General Assembly shall | ||||||
3 | include a statewide increase of 2.5%, as
defined by the | ||||||
4 | Department. | ||||||
5 | Notwithstanding any other provision of this Section, for | ||||||
6 | facilities licensed by the Department of Public Health under | ||||||
7 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
8 | intermediate care facilities, effective January 1, 2005, | ||||||
9 | facility rates shall be increased by the difference between (i) | ||||||
10 | a facility's per diem property, liability, and malpractice | ||||||
11 | insurance costs as reported in the cost report filed with the | ||||||
12 | Department of Public Aid and used to establish rates effective | ||||||
13 | July 1, 2001 and (ii) those same costs as reported in the | ||||||
14 | facility's 2002 cost report. These costs shall be passed | ||||||
15 | through to the facility without caps or limitations, except for | ||||||
16 | adjustments required under normal auditing procedures.
| ||||||
17 | Rates established effective each July 1 shall govern | ||||||
18 | payment
for services rendered throughout that fiscal year, | ||||||
19 | except that rates
established on July 1, 1996 shall be | ||||||
20 | increased by 6.8% for services
provided on or after January 1, | ||||||
21 | 1997. Such rates will be based
upon the rates calculated for | ||||||
22 | the year beginning July 1, 1990, and for
subsequent years | ||||||
23 | thereafter until June 30, 2001 shall be based on the
facility | ||||||
24 | cost reports
for the facility fiscal year ending at any point | ||||||
25 | in time during the previous
calendar year, updated to the | ||||||
26 | midpoint of the rate year. The cost report
shall be on file |
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1 | with the Department no later than April 1 of the current
rate | ||||||
2 | year. Should the cost report not be on file by April 1, the | ||||||
3 | Department
shall base the rate on the latest cost report filed | ||||||
4 | by each skilled care
facility and intermediate care facility, | ||||||
5 | updated to the midpoint of the
current rate year. In | ||||||
6 | determining rates for services rendered on and after
July 1, | ||||||
7 | 1985, fixed time shall not be computed at less than zero. The
| ||||||
8 | Department shall not make any alterations of regulations which | ||||||
9 | would reduce
any component of the Medicaid rate to a level | ||||||
10 | below what that component would
have been utilizing in the rate | ||||||
11 | effective on July 1, 1984.
| ||||||
12 | (2) Shall take into account the actual costs incurred by | ||||||
13 | facilities
in providing services for recipients of skilled | ||||||
14 | nursing and intermediate
care services under the medical | ||||||
15 | assistance program.
| ||||||
16 | (3) Shall take into account the medical and psycho-social
| ||||||
17 | characteristics and needs of the patients.
| ||||||
18 | (4) Shall take into account the actual costs incurred by | ||||||
19 | facilities in
meeting licensing and certification standards | ||||||
20 | imposed and prescribed by the
State of Illinois, any of its | ||||||
21 | political subdivisions or municipalities and by
the U.S. | ||||||
22 | Department of Health and Human Services pursuant to Title XIX | ||||||
23 | of the
Social Security Act.
| ||||||
24 | The Department of Healthcare and Family Services
shall | ||||||
25 | develop precise standards for
payments to reimburse nursing | ||||||
26 | facilities for any utilization of
appropriate rehabilitative |
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| |||||||
1 | personnel for the provision of rehabilitative
services which is | ||||||
2 | authorized by federal regulations, including
reimbursement for | ||||||
3 | services provided by qualified therapists or qualified
| ||||||
4 | assistants, and which is in accordance with accepted | ||||||
5 | professional
practices. Reimbursement also may be made for | ||||||
6 | utilization of other
supportive personnel under appropriate | ||||||
7 | supervision.
| ||||||
8 | The Department shall develop enhanced payments to offset | ||||||
9 | the additional costs incurred by a
facility serving exceptional | ||||||
10 | need residents and shall allocate at least $4,000,000 of the | ||||||
11 | funds
collected from the assessment established by Section 5B-2 | ||||||
12 | of this Code for such payments. For
the purpose of this | ||||||
13 | Section, "exceptional needs" means, but need not be limited to, | ||||||
14 | ventilator care and traumatic brain injury care. The enhanced | ||||||
15 | payments for exceptional need residents under this paragraph | ||||||
16 | are not due and payable, however, until (i) the methodologies | ||||||
17 | described in this paragraph are approved by the federal | ||||||
18 | government in an appropriate State Plan amendment and (ii) the | ||||||
19 | assessment imposed by Section 5B-2 of this Code is determined | ||||||
20 | to be a permissible tax under Title XIX of the Social Security | ||||||
21 | Act. | ||||||
22 | Beginning January 1, 2014 the methodologies for | ||||||
23 | reimbursement of nursing facility services as provided under | ||||||
24 | this Section 5-5.4 shall no longer be applicable for services | ||||||
25 | provided on or after January 1, 2014. | ||||||
26 | No payment increase under this Section for the MDS |
| |||||||
| |||||||
1 | methodology, exceptional care residents, or the | ||||||
2 | socio-development component rate established by Public Act | ||||||
3 | 96-1530 of the 96th General Assembly and funded by the | ||||||
4 | assessment imposed under Section 5B-2 of this Code shall be due | ||||||
5 | and payable until after the Department notifies the long-term | ||||||
6 | care providers, in writing, that the payment methodologies to | ||||||
7 | long-term care providers required under this Section have been | ||||||
8 | approved by the Centers for Medicare and Medicaid Services of | ||||||
9 | the U.S. Department of Health and Human Services and the | ||||||
10 | waivers under 42 CFR 433.68 for the assessment imposed by this | ||||||
11 | Section, if necessary, have been granted by the Centers for | ||||||
12 | Medicare and Medicaid Services of the U.S. Department of Health | ||||||
13 | and Human Services. Upon notification to the Department of | ||||||
14 | approval of the payment methodologies required under this | ||||||
15 | Section and the waivers granted under 42 CFR 433.68, all | ||||||
16 | increased payments otherwise due under this Section prior to | ||||||
17 | the date of notification shall be due and payable within 90 | ||||||
18 | days of the date federal approval is received. | ||||||
19 | On and after July 1, 2012, the Department shall reduce any | ||||||
20 | rate of reimbursement for services or other payments or alter | ||||||
21 | any methodologies authorized by this Code to reduce any rate of | ||||||
22 | reimbursement for services or other payments in accordance with | ||||||
23 | Section 5-5e. | ||||||
24 | For facilities licensed by the Department of Public Health | ||||||
25 | under the ID/DD Community Care Act as ID/DD Facilities and | ||||||
26 | under the MC/DD Act as MC/DD Facilities, subject to federal |
| |||||||
| |||||||
1 | approval, the rates taking effect for services delivered on or | ||||||
2 | after August 1, 2019 shall be increased by 3.5% over the rates | ||||||
3 | in effect on June 30, 2019. The Department shall adopt rules, | ||||||
4 | including emergency rules under subsection (ii) of Section 5-45 | ||||||
5 | of the Illinois Administrative Procedure Act, to implement the | ||||||
6 | provisions of this Section, including wage increases for direct | ||||||
7 | care staff. | ||||||
8 | For facilities licensed by the Department of Public Health | ||||||
9 | under the ID/DD Community Care Act as ID/DD Facilities and | ||||||
10 | under the MC/DD Act as MC/DD Facilities, subject to federal | ||||||
11 | approval, the rates taking effect on the latter of the approval | ||||||
12 | date of the State Plan Amendment for these facilities or the | ||||||
13 | Waiver Amendment for the home and community-based services | ||||||
14 | settings shall include an increase sufficient to provide a | ||||||
15 | $0.26 per hour wage increase to the base wage for non-executive | ||||||
16 | staff. The Department shall adopt rules, including emergency | ||||||
17 | rules under subsection (ii) of Section 5-45 of the Illinois | ||||||
18 | Administrative Procedure Act, to implement the provisions of | ||||||
19 | this Section, including wage increases for direct care staff. | ||||||
20 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
21 | 101-10, eff. 6-5-19.)
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
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