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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 3. The Illinois Administrative Procedure Act is | ||||||||||||||||||||||||
5 | amended by adding Section 5-45.8 as follows: | ||||||||||||||||||||||||
6 | (5 ILCS 100/5-45.8 new) | ||||||||||||||||||||||||
7 | Sec. 5-45.8. Emergency rulemaking; nursing facility | ||||||||||||||||||||||||
8 | payment rates. To provide for the expeditious and timely | ||||||||||||||||||||||||
9 | implementation of changes made to Section 5-5.2 of the | ||||||||||||||||||||||||
10 | Illinois Public Aid Code by this amendatory Act of the 102nd | ||||||||||||||||||||||||
11 | General Assembly, emergency rules may be adopted in accordance | ||||||||||||||||||||||||
12 | with Section 5-45 by the Department of Healthcare and Family | ||||||||||||||||||||||||
13 | Services. The adoption of emergency rules authorized by | ||||||||||||||||||||||||
14 | Section 5-45 and this Section is deemed to be necessary for the | ||||||||||||||||||||||||
15 | public interest, safety, and welfare. | ||||||||||||||||||||||||
16 | This Section is repealed on January 1, 2026. | ||||||||||||||||||||||||
17 | Section 5. The Nurse Agency Licensing Act is amended by | ||||||||||||||||||||||||
18 | changing Sections 3 and 14 as follows:
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19 | (225 ILCS 510/3) (from Ch. 111, par. 953)
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20 | Sec. 3. Definitions. As used in this Act:
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21 | (a) "Certified nurse aide" means an individual certified |
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1 | as defined in
Section 3-206 of the Nursing Home Care Act, | ||||||
2 | Section 3-206 of the ID/DD Community Care Act, or Section | ||||||
3 | 3-206 of the MC/DD Act, as now or hereafter amended.
| ||||||
4 | (b) "Department" means the Department of Labor.
| ||||||
5 | (c) "Director" means the Director of Labor.
| ||||||
6 | (d) "Health care facility" is defined as in Section 3 of | ||||||
7 | the Illinois
Health Facilities Planning Act, as now or | ||||||
8 | hereafter amended.
| ||||||
9 | (e) "Licensee" means any nursing agency which is properly | ||||||
10 | licensed under
this Act.
| ||||||
11 | (f) "Nurse" means a registered nurse or a licensed | ||||||
12 | practical nurse as
defined in the Nurse Practice Act.
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13 | (g) "Nurse agency" means any individual, firm, | ||||||
14 | corporation,
partnership or other legal entity that employs, | ||||||
15 | assigns or refers nurses
or certified nurse aides to a health | ||||||
16 | care facility for a
fee. The term "nurse agency" includes | ||||||
17 | nurses registries. The term "nurse
agency" does not include | ||||||
18 | services provided by home
health agencies licensed and | ||||||
19 | operated under the Home Health, Home Services, and Home | ||||||
20 | Nursing Agency
Licensing Act or a licensed or certified
| ||||||
21 | individual who provides his or her own services as a regular | ||||||
22 | employee of a
health care facility, nor does it apply to a | ||||||
23 | health care facility's
organizing nonsalaried employees to | ||||||
24 | provide services only in that
facility.
| ||||||
25 | (h) "Covenant not to compete" means an agreement between | ||||||
26 | an employer and an employee that restricts such employee from |
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1 | performing: | ||||||
2 | (1) any work for another employer for a specified | ||||||
3 | period of time; | ||||||
4 | (2) any work in a specified geographical area; or | ||||||
5 | (3) work for another employer that is similar to such | ||||||
6 | employee's work for the employer included as a party to | ||||||
7 | the agreement. | ||||||
8 | (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
| ||||||
9 | (225 ILCS 510/14) (from Ch. 111, par. 964)
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10 | Sec. 14. Minimum Standards. (a) The Department, by rule, | ||||||
11 | shall
establish minimum standards for the operation of nurse | ||||||
12 | agencies. Those
standards shall include, but are not limited | ||||||
13 | to: (1) the maintenance of written
policies and procedures; | ||||||
14 | and (2) the development of personnel policies which
include a | ||||||
15 | personal interview, a reference check, an annual
evaluation of | ||||||
16 | each employee (which may be based in part upon information | ||||||
17 | provided by
health care facilities utilizing nurse agency | ||||||
18 | personnel) and periodic
health examinations.
| ||||||
19 | (b) Each nurse agency shall have a nurse serving as a | ||||||
20 | manager or
supervisor of all nurses and certified nurses | ||||||
21 | aides.
| ||||||
22 | (c) Each nurse agency shall
ensure that its employees meet | ||||||
23 | the minimum
licensing, training, and orientation standards for
| ||||||
24 | which those employees
are licensed or certified.
| ||||||
25 | (d) A nurse agency shall not employ, assign, or refer for |
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1 | use in an Illinois
health care facility a nurse or certified | ||||||
2 | nurse aide unless certified or
licensed under applicable | ||||||
3 | provisions of State and federal law or regulations.
Each | ||||||
4 | certified nurse aide shall comply with all pertinent
| ||||||
5 | regulations of the Illinois Department of Public Health | ||||||
6 | relating to the
health and other qualifications of personnel | ||||||
7 | employed in health care facilities.
| ||||||
8 | (e) The Department may adopt rules to monitor the usage of | ||||||
9 | nurse agency services to
determine their impact.
| ||||||
10 | (f) Nurse agencies are prohibited from requiring, as a | ||||||
11 | condition of
employment, assignment, or referral, that their | ||||||
12 | employees
recruit new employees for the nurse agency from
| ||||||
13 | among the permanent employees of the health care facility to | ||||||
14 | which the
nurse agency employees have been employed,
assigned, | ||||||
15 | or referred,
and the health care facility to which such | ||||||
16 | employees are employed, assigned,
or referred is prohibited | ||||||
17 | from requiring, as a condition of employment,
that their | ||||||
18 | employees recruit new employees from these nurse agency
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19 | employees. Violation of this provision is a business offense.
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20 | (g) Nurse agencies are prohibited from entering into | ||||||
21 | covenants not to compete with certified nurse aides who are | ||||||
22 | employed by the agencies. After the effective date of this | ||||||
23 | amendatory Act of the 102nd General Assembly, a covenant not | ||||||
24 | to compete entered into between a nurse agency and a certified | ||||||
25 | nurse aide is illegal and void. | ||||||
26 | (Source: P.A. 86-817.)
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1 | Section 10. The Illinois Public Aid Code is amended by | ||||||
2 | changing Sections 5-5.2, 5-5.4, 5B-2, 5B-4, 5B-5, 5B-8, and | ||||||
3 | 5E-10 as follows:
| ||||||
4 | (305 ILCS 5/5-5.2) (from Ch. 23, par. 5-5.2)
| ||||||
5 | Sec. 5-5.2. Payment.
| ||||||
6 | (a) All nursing facilities that are grouped pursuant to | ||||||
7 | Section
5-5.1 of this Act shall receive the same rate of | ||||||
8 | payment for similar
services.
| ||||||
9 | (b) It shall be a matter of State policy that the Illinois | ||||||
10 | Department
shall utilize a uniform billing cycle throughout | ||||||
11 | the State for the
long-term care providers.
| ||||||
12 | (b-1) It shall be a matter of State policy that the | ||||||
13 | Illinois Department shall set nursing facility rates by rule | ||||||
14 | utilizing an evidence-based methodology that rewards | ||||||
15 | appropriate staffing, quality-of-life improvements for nursing | ||||||
16 | facility residents, including the cessation of payments for | ||||||
17 | rooms with 3 or more people residing in them by January 1, | ||||||
18 | 2027, and the reduction of racial inequities and health | ||||||
19 | disparities for nursing facility residents enrolled in | ||||||
20 | Medicaid. | ||||||
21 | (c) (Blank). Notwithstanding any other provisions of this | ||||||
22 | Code, the methodologies for reimbursement of nursing services | ||||||
23 | as provided under this Article shall no longer be applicable | ||||||
24 | for bills payable for nursing services rendered on or after a |
| |||||||
| |||||||
1 | new reimbursement system based on the Resource Utilization | ||||||
2 | Groups (RUGs) has been fully operationalized, which shall take | ||||||
3 | effect for services provided on or after January 1, 2014. | ||||||
4 | (d) The new nursing services reimbursement methodology | ||||||
5 | utilizing the Patient Driven Payment Model RUG-IV 48 grouper | ||||||
6 | model , which shall be referred to as the PDPM RUGs | ||||||
7 | reimbursement system, taking effect January 1, 2022, upon | ||||||
8 | federal approval by the Centers for Medicare and Medicaid | ||||||
9 | Services, 2014, shall be based on the following: | ||||||
10 | (1) The methodology shall be resident-centered | ||||||
11 | resident-driven , facility-specific, and based on guidance | ||||||
12 | from the Centers for Medicare and Medicaid Services | ||||||
13 | cost-based . | ||||||
14 | (2) Costs shall be annually rebased and case mix index | ||||||
15 | quarterly updated. The nursing services methodology will | ||||||
16 | be assigned to the Medicaid enrolled residents on record | ||||||
17 | as of 30 days prior to the beginning of the rate period in | ||||||
18 | the Department's Medicaid Management Information System | ||||||
19 | (MMIS) as present on the last day of the second quarter | ||||||
20 | preceding the rate period based upon the Assessment | ||||||
21 | Reference Date of the Minimum Data Set (MDS). | ||||||
22 | (3) Regional wage adjustors based on the Health | ||||||
23 | Service Areas (HSA) groupings and adjusters in effect on | ||||||
24 | January 1, 2022 April 30, 2012 shall be included. | ||||||
25 | (4) PDPM nursing case-mix indices in effect on May 1, | ||||||
26 | 2021 Case mix index shall be assigned to each resident |
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1 | class based on the Centers for Medicare and Medicaid | ||||||
2 | Services staff time measurement study called Staff Time | ||||||
3 | And Resource Intensity Verification (STRIVE) in effect on | ||||||
4 | July 1, 2013 , adjusted by a uniform multiplier to achieve | ||||||
5 | the same statewide case mix index value observed for the | ||||||
6 | quarter beginning April 1, 2021 while holding PA1, PA2, | ||||||
7 | BA1, and BB1 resident classes at the level applicable | ||||||
8 | under the RUG-IV payment model prior to January 1, 2022. | ||||||
9 | utilizing an index maximization approach. | ||||||
10 | (5) (Blank). The pool of funds available for | ||||||
11 | distribution by case mix and the base facility rate shall | ||||||
12 | be determined using the formula contained in subsection | ||||||
13 | (d-1). | ||||||
14 | (6) The statewide base rate for dates of service on | ||||||
15 | and after January 1, 2022 shall be $85.25. | ||||||
16 | (7) The Department shall establish, by rule, a | ||||||
17 | multiplier based on information from the most recent | ||||||
18 | available federal staffing report, currently the Payroll | ||||||
19 | Based Journal, adjusted for acuity if applicable using the | ||||||
20 | same quarter's MDS. The multiplier may not exceed 1.0 | ||||||
21 | unless the nursing facility is at least at 92% of the | ||||||
22 | STRIVE study in effect on May 1, 2021. | ||||||
23 | (d-1) (Blank). Calculation of base year Statewide RUG-IV | ||||||
24 | nursing base per diem rate. | ||||||
25 | (1) Base rate spending pool shall be: | ||||||
26 | (A) The base year resident days which are |
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1 | calculated by multiplying the number of Medicaid | ||||||
2 | residents in each nursing home as indicated in the MDS | ||||||
3 | data defined in paragraph (4) by 365. | ||||||
4 | (B) Each facility's nursing component per diem in | ||||||
5 | effect on July 1, 2012 shall be multiplied by | ||||||
6 | subsection (A) . | ||||||
7 | (C) Thirteen million is added to the product of | ||||||
8 | subparagraph (A) and subparagraph (B) to adjust for | ||||||
9 | the exclusion of nursing homes defined in paragraph | ||||||
10 | (5). | ||||||
11 | (2) For each nursing home with Medicaid residents as | ||||||
12 | indicated by the MDS data defined in paragraph (4), | ||||||
13 | weighted days adjusted for case mix and regional wage | ||||||
14 | adjustment shall be calculated. For each home this | ||||||
15 | calculation is the product of: | ||||||
16 | (A) Base year resident days as calculated in | ||||||
17 | subparagraph (A) of paragraph (1). | ||||||
18 | (B) The nursing home's regional wage adjustor | ||||||
19 | based on the Health Service Areas (HSA) groupings and | ||||||
20 | adjustors in effect on April 30, 2012. | ||||||
21 | (C) Facility weighted case mix which is the number | ||||||
22 | of Medicaid residents as indicated by the MDS data | ||||||
23 | defined in paragraph (4) multiplied by the associated | ||||||
24 | case weight for the RUG-IV 48 grouper model using | ||||||
25 | standard RUG-IV procedures for index maximization. | ||||||
26 | (D) The sum of the products calculated for each |
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1 | nursing home in subparagraphs (A) through (C) above | ||||||
2 | shall be the base year case mix, rate adjusted | ||||||
3 | weighted days. | ||||||
4 | (3) The Statewide RUG-IV nursing base per diem rate: | ||||||
5 | (A) on January 1, 2014 shall be the quotient of the | ||||||
6 | paragraph (1) divided by the sum calculated under | ||||||
7 | subparagraph (D) of paragraph (2); and | ||||||
8 | (B) on and after July 1, 2014, shall be the amount | ||||||
9 | calculated under subparagraph (A) of this paragraph | ||||||
10 | (3) plus $1.76. | ||||||
11 | (4) Minimum Data Set (MDS) comprehensive assessments | ||||||
12 | for Medicaid residents on the last day of the quarter used | ||||||
13 | to establish the base rate. | ||||||
14 | (5) Nursing facilities designated as of July 1, 2012 | ||||||
15 | by the Department as "Institutions for Mental Disease" | ||||||
16 | shall be excluded from all calculations under this | ||||||
17 | subsection. The data from these facilities shall not be | ||||||
18 | used in the computations described in paragraphs (1) | ||||||
19 | through (4) above to establish the base rate. | ||||||
20 | (e) Beginning July 1, 2014 through December 31, 2021 , the | ||||||
21 | Department shall allocate funding in the amount up to | ||||||
22 | $10,000,000 for per diem add-ons to the RUGS methodology for | ||||||
23 | dates of service on and after July 1, 2014: | ||||||
24 | (1) $0.63 for each resident who scores in I4200 | ||||||
25 | Alzheimer's Disease or I4800 non-Alzheimer's Dementia. | ||||||
26 | (2) $2.67 for each resident who scores either a "1" or |
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| |||||||
1 | "2" in any items S1200A through S1200I and also scores in | ||||||
2 | RUG groups PA1, PA2, BA1, or BA2. | ||||||
3 | (3) Beginning on and after January 1, 2022, the | ||||||
4 | Department shall allocate funding, by rule, for per diem | ||||||
5 | add-ons to the PDPM methodology for each resident with a | ||||||
6 | diagnosis of Alzheimer's disease. | ||||||
7 | (e-1) (Blank). | ||||||
8 | (e-2) (Blank). For dates of services beginning January 1, | ||||||
9 | 2014, the RUG-IV nursing component per diem for a nursing home | ||||||
10 | shall be the product of the statewide RUG-IV nursing base per | ||||||
11 | diem rate, the facility average case mix index, and the | ||||||
12 | regional wage adjustor. Transition rates for services provided | ||||||
13 | between January 1, 2014 and December 31, 2014 shall be as | ||||||
14 | follows: | ||||||
15 | (1) The transition RUG-IV per diem nursing rate for | ||||||
16 | nursing homes whose rate calculated in this subsection | ||||||
17 | (e-2) is greater than the nursing component rate in effect | ||||||
18 | July 1, 2012 shall be paid the sum of: | ||||||
19 | (A) The nursing component rate in effect July 1, | ||||||
20 | 2012; plus | ||||||
21 | (B) The difference of the RUG-IV nursing component | ||||||
22 | per diem calculated for the current quarter minus the | ||||||
23 | nursing component rate in effect July 1, 2012 | ||||||
24 | multiplied by 0.88. | ||||||
25 | (2) The transition RUG-IV per diem nursing rate for | ||||||
26 | nursing homes whose rate calculated in this subsection |
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| |||||||
1 | (e-2) is less than the nursing component rate in effect | ||||||
2 | July 1, 2012 shall be paid the sum of: | ||||||
3 | (A) The nursing component rate in effect July 1, | ||||||
4 | 2012; plus | ||||||
5 | (B) The difference of the RUG-IV nursing component | ||||||
6 | per diem calculated for the current quarter minus the | ||||||
7 | nursing component rate in effect July 1, 2012 | ||||||
8 | multiplied by 0.13. | ||||||
9 | (f) Notwithstanding any other provision of this Code, on | ||||||
10 | and after July 1, 2012, reimbursement rates associated with | ||||||
11 | the nursing or support components of the current nursing | ||||||
12 | facility rate methodology shall not increase beyond the level | ||||||
13 | effective May 1, 2011 until a new reimbursement system based | ||||||
14 | on the RUGs IV 48 grouper model has been fully | ||||||
15 | operationalized. | ||||||
16 | (g) Notwithstanding any other provision of this Code, on | ||||||
17 | and after July 1, 2012, for facilities not designated by the | ||||||
18 | Department of Healthcare and Family Services as "Institutions | ||||||
19 | for Mental Disease", rates effective May 1, 2011 shall be | ||||||
20 | adjusted as follows: | ||||||
21 | (1) Individual nursing rates for residents classified | ||||||
22 | in RUG IV groups PA1, PA2, BA1, and BA2 during the quarter | ||||||
23 | ending March 31, 2012 shall be reduced by 10%; | ||||||
24 | (2) Individual nursing rates for residents classified | ||||||
25 | in all other RUG IV groups shall be reduced by 1.0%; | ||||||
26 | (3) Facility rates for the capital and support |
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| |||||||
1 | components shall be reduced by 1.7%. | ||||||
2 | (h) Notwithstanding any other provision of this Code, on | ||||||
3 | and after July 1, 2012, nursing facilities designated by the | ||||||
4 | Department of Healthcare and Family Services as "Institutions | ||||||
5 | for Mental Disease" and "Institutions for Mental Disease" that | ||||||
6 | are facilities licensed under the Specialized Mental Health | ||||||
7 | Rehabilitation Act of 2013 shall have the nursing, | ||||||
8 | socio-developmental, capital, and support components of their | ||||||
9 | reimbursement rate effective May 1, 2011 reduced in total by | ||||||
10 | 2.7%. | ||||||
11 | (i) On and after July 1, 2014, the reimbursement rates for | ||||||
12 | the support component of the nursing facility rate for | ||||||
13 | facilities licensed under the Nursing Home Care Act as skilled | ||||||
14 | or intermediate care facilities shall be the rate in effect on | ||||||
15 | June 30, 2014 increased by 8.17%. | ||||||
16 | (j) Notwithstanding any other provision of law, subject to | ||||||
17 | federal approval, effective July 1, 2019, sufficient funds | ||||||
18 | shall be allocated for changes to rates for facilities | ||||||
19 | licensed under the Nursing Home Care Act as skilled nursing | ||||||
20 | facilities or intermediate care facilities for dates of | ||||||
21 | services on and after July 1, 2019: (i) to establish , through | ||||||
22 | December 31, 2021 or upon implementation of the staffing | ||||||
23 | multiplier payments under paragraph (7) of subsection (d), | ||||||
24 | whichever is later, a per diem add-on to the direct care per | ||||||
25 | diem rate not to exceed $70,000,000 annually in the aggregate | ||||||
26 | taking into account federal matching funds for the purpose of |
| |||||||
| |||||||
1 | addressing the facility's unique staffing needs, adjusted | ||||||
2 | quarterly and distributed by a weighted formula based on | ||||||
3 | Medicaid bed days on the last day of the second quarter | ||||||
4 | preceding the quarter for which the rate is being adjusted . | ||||||
5 | Beginning January 1, 2022, or upon implementation of the | ||||||
6 | staffing multiplier payments under paragraph (7) of subsection | ||||||
7 | (d), whichever is later, the annual $70,000,000 described in | ||||||
8 | the preceding sentence shall be dedicated to the staffing | ||||||
9 | multiplier payments under paragraph (7) of subsection (d) ; and | ||||||
10 | (ii) in an amount not to exceed $170,000,000 annually in the | ||||||
11 | aggregate taking into account federal matching funds to permit | ||||||
12 | the support component of the nursing facility rate to be | ||||||
13 | updated as follows: | ||||||
14 | (1) 80%, or $136,000,000, of the funds shall be used | ||||||
15 | to update each facility's rate in effect on June 30, 2019 | ||||||
16 | using the most recent cost reports on file, which have had | ||||||
17 | a limited review conducted by the Department of Healthcare | ||||||
18 | and Family Services and will not hold up enacting the rate | ||||||
19 | increase, with the Department of Healthcare and Family | ||||||
20 | Services and taking into account subsection (i) . | ||||||
21 | (2) After completing the calculation in paragraph (1), | ||||||
22 | any facility whose rate is less than the rate in effect on | ||||||
23 | June 30, 2019 shall have its rate restored to the rate in | ||||||
24 | effect on June 30, 2019 from the 20% of the funds set | ||||||
25 | aside. | ||||||
26 | (3) The remainder of the 20%, or $34,000,000, shall be |
| |||||||
| |||||||
1 | used to increase each facility's rate by an equal | ||||||
2 | percentage. | ||||||
3 | In order to provide for the expeditious and timely
| ||||||
4 | implementation of the provisions of this amendatory Act of the
| ||||||
5 | 102nd General Assembly, emergency rules to implement any | ||||||
6 | provision of this amendatory Act of the
102nd General Assembly | ||||||
7 | may be adopted in accordance with this subsection by the | ||||||
8 | agency charged with administering that provision or
| ||||||
9 | initiative. The 24-month limitation on the adoption of
| ||||||
10 | emergency rules does not apply to rules adopted under this
| ||||||
11 | subsection. The adoption of emergency rules authorized by this | ||||||
12 | subsection is deemed to be necessary for the public interest, | ||||||
13 | safety, and welfare. | ||||||
14 | To implement item (i) in this subsection, facilities shall | ||||||
15 | file quarterly reports documenting compliance with its | ||||||
16 | annually approved staffing plan, which shall permit compliance | ||||||
17 | with Section 3-202.05 of the Nursing Home Care Act. A facility | ||||||
18 | that fails to meet the benchmarks and dates contained in the | ||||||
19 | plan may have its add-on adjusted in the quarter following the | ||||||
20 | quarterly review. Nothing in this Section shall limit the | ||||||
21 | ability of the facility to appeal a ruling of non-compliance | ||||||
22 | and a subsequent reduction to the add-on. Funds adjusted for | ||||||
23 | noncompliance shall be maintained in the Long-Term Care | ||||||
24 | Provider Fund and accounted for separately. At the end of each | ||||||
25 | fiscal year, these funds shall be made available to facilities | ||||||
26 | for special staffing projects. |
| |||||||
| |||||||
1 | In order to provide for the expeditious and timely
| ||||||
2 | implementation of the provisions of this amendatory Act of the
| ||||||
3 | 101st General Assembly, emergency rules to implement any | ||||||
4 | provision of this amendatory Act of the 101st General Assembly | ||||||
5 | may be adopted in accordance with this subsection by the | ||||||
6 | agency charged with administering that provision or
| ||||||
7 | initiative. The agency shall simultaneously file emergency | ||||||
8 | rules and permanent rules to ensure that there is no | ||||||
9 | interruption in administrative guidance. The 150-day | ||||||
10 | limitation of the effective period of emergency rules does not | ||||||
11 | apply to rules adopted under this
subsection, and the | ||||||
12 | effective period may continue through
June 30, 2021. The | ||||||
13 | 24-month limitation on the adoption of
emergency rules does | ||||||
14 | not apply to rules adopted under this
subsection. The adoption | ||||||
15 | of emergency rules authorized by this subsection is deemed to | ||||||
16 | be necessary for the public interest, safety, and welfare. | ||||||
17 | (k) (j) During the first quarter of State Fiscal Year | ||||||
18 | 2020, the Department of Healthcare of Family Services must | ||||||
19 | convene a technical advisory group consisting of members of | ||||||
20 | all trade associations representing Illinois skilled nursing | ||||||
21 | providers to discuss changes necessary with federal | ||||||
22 | implementation of Medicare's Patient-Driven Payment Model. | ||||||
23 | Implementation of Medicare's Patient-Driven Payment Model | ||||||
24 | shall, by September 1, 2020, end the collection of the MDS data | ||||||
25 | that is necessary to maintain the current RUG-IV Medicaid | ||||||
26 | payment methodology. The technical advisory group must |
| |||||||
| |||||||
1 | consider a revised reimbursement methodology that takes into | ||||||
2 | account transparency, accountability, actual staffing as | ||||||
3 | reported under the federally required Payroll Based Journal | ||||||
4 | system, changes to the minimum wage, adequacy in coverage of | ||||||
5 | the cost of care, and a quality component that rewards quality | ||||||
6 | improvements. | ||||||
7 | (l) The Department shall establish, by rule, payments to | ||||||
8 | improve the quality of care delivered by facilities, | ||||||
9 | including: | ||||||
10 | (1) Incentive payments determined by facility | ||||||
11 | performance on specified quality measures, including, but | ||||||
12 | not limited to, the consistent assignment of staff and | ||||||
13 | staff retention. | ||||||
14 | (2) Incentive payments for infection control and | ||||||
15 | facility modifications in support of a transition to the | ||||||
16 | cessation of payment for facility rooms in which 3 or more | ||||||
17 | people reside by January 1, 2027. | ||||||
18 | (3) Payments based on CNA tenure, professional | ||||||
19 | development, and wage thresholds for the purpose of | ||||||
20 | increasing CNA compensation. It is the intent of this | ||||||
21 | subsection that payments made in accordance with this | ||||||
22 | paragraph be directly incorporated into increased | ||||||
23 | compensation for CNAs. For purposes of this paragraph, | ||||||
24 | "CNA" means certified nurse aide. | ||||||
25 | (m) The Department shall utilize any federal monies | ||||||
26 | allocated for nursing facilities under the American Rescue |
| |||||||
| |||||||
1 | Plan Act of 2021 or any other similar COVID-response funds for | ||||||
2 | payments to enhance the quality of life of facility residents | ||||||
3 | or to support workforce development initiatives for nursing | ||||||
4 | facility staff. | ||||||
5 | (Source: P.A. 101-10, eff. 6-5-19; 101-348, eff. 8-9-19; | ||||||
6 | revised 9-18-19.)
| ||||||
7 | (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
| ||||||
8 | Sec. 5-5.4. Standards of Payment - Department of | ||||||
9 | Healthcare and Family Services.
The Department of Healthcare | ||||||
10 | and Family Services shall develop standards of payment of
| ||||||
11 | nursing facility and ICF/DD services in facilities providing | ||||||
12 | such services
under this Article which:
| ||||||
13 | (1) Provide for the determination of a facility's payment
| ||||||
14 | for nursing facility or ICF/DD services on a prospective | ||||||
15 | basis.
The amount of the payment rate for all nursing | ||||||
16 | facilities certified by the
Department of Public Health under | ||||||
17 | the ID/DD Community Care Act or the Nursing Home Care Act as | ||||||
18 | Intermediate
Care for the Developmentally Disabled facilities, | ||||||
19 | Long Term Care for Under Age
22 facilities, Skilled Nursing | ||||||
20 | facilities, or Intermediate Care facilities
under the
medical | ||||||
21 | assistance program shall be prospectively established annually | ||||||
22 | on the
basis of historical, financial, and statistical data | ||||||
23 | reflecting actual costs
from prior years, which shall be | ||||||
24 | applied to the current rate year and updated
for inflation, | ||||||
25 | except that the capital cost element for newly constructed
|
| |||||||
| |||||||
1 | facilities shall be based upon projected budgets. The annually | ||||||
2 | established
payment rate shall take effect on July 1 in 1984 | ||||||
3 | and subsequent years. No rate
increase and no
update for | ||||||
4 | inflation shall be provided on or after July 1, 1994, unless | ||||||
5 | specifically provided for in this
Section.
The changes made by | ||||||
6 | Public Act 93-841
extending the duration of the prohibition | ||||||
7 | against a rate increase or update for inflation are effective | ||||||
8 | retroactive to July 1, 2004.
| ||||||
9 | For facilities licensed by the Department of Public Health | ||||||
10 | under the Nursing
Home Care Act as Intermediate Care for the | ||||||
11 | Developmentally Disabled facilities
or Long Term Care for | ||||||
12 | Under Age 22 facilities, the rates taking effect on July
1, | ||||||
13 | 1998 shall include an increase of 3%. For facilities licensed | ||||||
14 | by the
Department of Public Health under the Nursing Home Care | ||||||
15 | Act as Skilled Nursing
facilities or Intermediate Care | ||||||
16 | facilities, the rates taking effect on July 1,
1998 shall | ||||||
17 | include an increase of 3% plus $1.10 per resident-day, as | ||||||
18 | defined by
the Department. For facilities licensed by the | ||||||
19 | Department of Public Health under the Nursing Home Care Act as | ||||||
20 | Intermediate Care Facilities for the Developmentally Disabled | ||||||
21 | or Long Term Care for Under Age 22 facilities, the rates taking | ||||||
22 | effect on January 1, 2006 shall include an increase of 3%.
For | ||||||
23 | facilities licensed by the Department of Public Health under | ||||||
24 | the Nursing Home Care Act as Intermediate Care Facilities for | ||||||
25 | the Developmentally Disabled or Long Term Care for Under Age | ||||||
26 | 22 facilities, the rates taking effect on January 1, 2009 |
| |||||||
| |||||||
1 | shall include an increase sufficient to provide a $0.50 per | ||||||
2 | hour wage increase for non-executive staff. For facilities | ||||||
3 | licensed by the Department of Public Health under the ID/DD | ||||||
4 | Community Care Act as ID/DD Facilities the rates taking effect | ||||||
5 | within 30 days after July 6, 2017 (the effective date of Public | ||||||
6 | Act 100-23) shall include an increase sufficient to provide a | ||||||
7 | $0.75 per hour wage increase for non-executive staff. The | ||||||
8 | Department shall adopt rules, including emergency rules under | ||||||
9 | subsection (y) of Section 5-45 of the Illinois Administrative | ||||||
10 | Procedure Act, to implement the provisions of this paragraph. | ||||||
11 | For facilities licensed by the Department of Public Health | ||||||
12 | under the ID/DD Community Care Act as ID/DD Facilities and | ||||||
13 | under the MC/DD Act as MC/DD Facilities, the rates taking | ||||||
14 | effect within 30 days after the effective date of this | ||||||
15 | amendatory Act of the 100th General Assembly shall include an | ||||||
16 | increase sufficient to provide a $0.50 per hour wage increase | ||||||
17 | for non-executive front-line personnel, including, but not | ||||||
18 | limited to, direct support persons, aides, front-line | ||||||
19 | supervisors, qualified intellectual disabilities | ||||||
20 | professionals, nurses, and non-administrative support staff. | ||||||
21 | The Department shall adopt rules, including emergency rules | ||||||
22 | under subsection (bb) of Section 5-45 of the Illinois | ||||||
23 | Administrative Procedure Act, to implement the provisions of | ||||||
24 | this paragraph. | ||||||
25 | For facilities licensed by the Department of Public Health | ||||||
26 | under the
Nursing Home Care Act as Intermediate Care for the |
| |||||||
| |||||||
1 | Developmentally Disabled
facilities or Long Term Care for | ||||||
2 | Under Age 22 facilities, the rates taking
effect on July 1, | ||||||
3 | 1999 shall include an increase of 1.6% plus $3.00 per
| ||||||
4 | resident-day, as defined by the Department. For facilities | ||||||
5 | licensed by the
Department of Public Health under the Nursing | ||||||
6 | Home Care Act as Skilled Nursing
facilities or Intermediate | ||||||
7 | Care facilities, the rates taking effect on July 1,
1999 shall | ||||||
8 | include an increase of 1.6% and, for services provided on or | ||||||
9 | after
October 1, 1999, shall be increased by $4.00 per | ||||||
10 | resident-day, as defined by
the Department.
| ||||||
11 | For facilities licensed by the Department of Public Health | ||||||
12 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
13 | Developmentally Disabled
facilities or Long Term Care for | ||||||
14 | Under Age 22 facilities, the rates taking
effect on July 1, | ||||||
15 | 2000 shall include an increase of 2.5% per resident-day,
as | ||||||
16 | defined by the Department. For facilities licensed by the | ||||||
17 | Department of
Public Health under the Nursing Home Care Act as | ||||||
18 | Skilled Nursing facilities or
Intermediate Care facilities, | ||||||
19 | the rates taking effect on July 1, 2000 shall
include an | ||||||
20 | increase of 2.5% per resident-day, as defined by the | ||||||
21 | Department.
| ||||||
22 | For facilities licensed by the Department of Public Health | ||||||
23 | under the
Nursing Home Care Act as skilled nursing facilities | ||||||
24 | or intermediate care
facilities, a new payment methodology | ||||||
25 | must be implemented for the nursing
component of the rate | ||||||
26 | effective July 1, 2003. The Department of Public Aid
(now |
| |||||||
| |||||||
1 | Healthcare and Family Services) shall develop the new payment | ||||||
2 | methodology using the Minimum Data Set
(MDS) as the instrument | ||||||
3 | to collect information concerning nursing home
resident | ||||||
4 | condition necessary to compute the rate. The Department
shall | ||||||
5 | develop the new payment methodology to meet the unique needs | ||||||
6 | of
Illinois nursing home residents while remaining subject to | ||||||
7 | the appropriations
provided by the General Assembly.
A | ||||||
8 | transition period from the payment methodology in effect on | ||||||
9 | June 30, 2003
to the payment methodology in effect on July 1, | ||||||
10 | 2003 shall be provided for a
period not exceeding 3 years and | ||||||
11 | 184 days after implementation of the new payment
methodology | ||||||
12 | as follows:
| ||||||
13 | (A) For a facility that would receive a lower
nursing | ||||||
14 | component rate per patient day under the new system than | ||||||
15 | the facility
received
effective on the date immediately | ||||||
16 | preceding the date that the Department
implements the new | ||||||
17 | payment methodology, the nursing component rate per | ||||||
18 | patient
day for the facility
shall be held at
the level in | ||||||
19 | effect on the date immediately preceding the date that the
| ||||||
20 | Department implements the new payment methodology until a | ||||||
21 | higher nursing
component rate of
reimbursement is achieved | ||||||
22 | by that
facility.
| ||||||
23 | (B) For a facility that would receive a higher nursing | ||||||
24 | component rate per
patient day under the payment | ||||||
25 | methodology in effect on July 1, 2003 than the
facility | ||||||
26 | received effective on the date immediately preceding the |
| |||||||
| |||||||
1 | date that the
Department implements the new payment | ||||||
2 | methodology, the nursing component rate
per patient day | ||||||
3 | for the facility shall be adjusted.
| ||||||
4 | (C) Notwithstanding paragraphs (A) and (B), the | ||||||
5 | nursing component rate per
patient day for the facility | ||||||
6 | shall be adjusted subject to appropriations
provided by | ||||||
7 | the General Assembly.
| ||||||
8 | For facilities licensed by the Department of Public Health | ||||||
9 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
10 | Developmentally Disabled
facilities or Long Term Care for | ||||||
11 | Under Age 22 facilities, the rates taking
effect on March 1, | ||||||
12 | 2001 shall include a statewide increase of 7.85%, as
defined | ||||||
13 | by the Department.
| ||||||
14 | Notwithstanding any other provision of this Section, for | ||||||
15 | facilities licensed by the Department of Public Health under | ||||||
16 | the
Nursing Home Care Act as skilled nursing facilities or | ||||||
17 | intermediate care
facilities, except facilities participating | ||||||
18 | in the Department's demonstration program pursuant to the | ||||||
19 | provisions of Title 77, Part 300, Subpart T of the Illinois | ||||||
20 | Administrative Code, the numerator of the ratio used by the | ||||||
21 | Department of Healthcare and Family Services to compute the | ||||||
22 | rate payable under this Section using the Minimum Data Set | ||||||
23 | (MDS) methodology shall incorporate the following annual | ||||||
24 | amounts as the additional funds appropriated to the Department | ||||||
25 | specifically to pay for rates based on the MDS nursing | ||||||
26 | component methodology in excess of the funding in effect on |
| |||||||
| |||||||
1 | December 31, 2006: | ||||||
2 | (i) For rates taking effect January 1, 2007, | ||||||
3 | $60,000,000. | ||||||
4 | (ii) For rates taking effect January 1, 2008, | ||||||
5 | $110,000,000. | ||||||
6 | (iii) For rates taking effect January 1, 2009, | ||||||
7 | $194,000,000. | ||||||
8 | (iv) For rates taking effect April 1, 2011, or the | ||||||
9 | first day of the month that begins at least 45 days after | ||||||
10 | the effective date of this amendatory Act of the 96th | ||||||
11 | General Assembly, $416,500,000 or an amount as may be | ||||||
12 | necessary to complete the transition to the MDS | ||||||
13 | methodology for the nursing component of the rate. | ||||||
14 | Increased payments under this item (iv) are not due and | ||||||
15 | payable, however, until (i) the methodologies described in | ||||||
16 | this paragraph are approved by the federal government in | ||||||
17 | an appropriate State Plan amendment and (ii) the | ||||||
18 | assessment imposed by Section 5B-2 of this Code is | ||||||
19 | determined to be a permissible tax under Title XIX of the | ||||||
20 | Social Security Act. | ||||||
21 | Notwithstanding any other provision of this Section, for | ||||||
22 | facilities licensed by the Department of Public Health under | ||||||
23 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
24 | intermediate care facilities, the support component of the | ||||||
25 | rates taking effect on January 1, 2008 shall be computed using | ||||||
26 | the most recent cost reports on file with the Department of |
| |||||||
| |||||||
1 | Healthcare and Family Services no later than April 1, 2005, | ||||||
2 | updated for inflation to January 1, 2006. | ||||||
3 | For facilities licensed by the Department of Public Health | ||||||
4 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
5 | Developmentally Disabled
facilities or Long Term Care for | ||||||
6 | Under Age 22 facilities, the rates taking
effect on April 1, | ||||||
7 | 2002 shall include a statewide increase of 2.0%, as
defined by | ||||||
8 | the Department.
This increase terminates on July 1, 2002;
| ||||||
9 | beginning July 1, 2002 these rates are reduced to the level of | ||||||
10 | the rates
in effect on March 31, 2002, as defined by the | ||||||
11 | Department.
| ||||||
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, the rates taking effect on | ||||||
15 | July 1, 2001 shall be computed using the most recent cost | ||||||
16 | reports
on file with the Department of Public Aid no later than | ||||||
17 | April 1, 2000,
updated for inflation to January 1, 2001. For | ||||||
18 | rates effective July 1, 2001
only, rates shall be the greater | ||||||
19 | of the rate computed for July 1, 2001
or the rate effective on | ||||||
20 | June 30, 2001.
| ||||||
21 | Notwithstanding any other provision of this Section, for | ||||||
22 | facilities
licensed by the Department of Public Health under | ||||||
23 | the Nursing Home Care Act
as skilled nursing facilities or | ||||||
24 | intermediate care facilities, the Illinois
Department shall | ||||||
25 | determine by rule the rates taking effect on July 1, 2002,
| ||||||
26 | which shall be 5.9% less than the rates in effect on June 30, |
| |||||||
| |||||||
1 | 2002.
| ||||||
2 | Notwithstanding any other provision of this Section, for | ||||||
3 | facilities
licensed by the Department of Public Health under | ||||||
4 | the Nursing Home Care Act as
skilled nursing
facilities or | ||||||
5 | intermediate care facilities, if the payment methodologies | ||||||
6 | required under Section 5A-12 and the waiver granted under 42 | ||||||
7 | CFR 433.68 are approved by the United States Centers for | ||||||
8 | Medicare and Medicaid Services, the rates taking effect on | ||||||
9 | July 1, 2004 shall be 3.0% greater than the rates in effect on | ||||||
10 | June 30, 2004. These rates shall take
effect only upon | ||||||
11 | approval and
implementation of the payment methodologies | ||||||
12 | required under Section 5A-12.
| ||||||
13 | Notwithstanding any other provisions of this Section, for | ||||||
14 | facilities licensed by the Department of Public Health under | ||||||
15 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
16 | intermediate care facilities, the rates taking effect on | ||||||
17 | January 1, 2005 shall be 3% more than the rates in effect on | ||||||
18 | December 31, 2004.
| ||||||
19 | Notwithstanding any other provision of this Section, for | ||||||
20 | facilities licensed by the Department of Public Health under | ||||||
21 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
22 | intermediate care facilities, effective January 1, 2009, the | ||||||
23 | per diem support component of the rates effective on January | ||||||
24 | 1, 2008, computed using the most recent cost reports on file | ||||||
25 | with the Department of Healthcare and Family Services no later | ||||||
26 | than April 1, 2005, updated for inflation to January 1, 2006, |
| |||||||
| |||||||
1 | shall be increased to the amount that would have been derived | ||||||
2 | using standard Department of Healthcare and Family Services | ||||||
3 | methods, procedures, and inflators. | ||||||
4 | Notwithstanding any other provisions of this Section, for | ||||||
5 | facilities licensed by the Department of Public Health under | ||||||
6 | the Nursing Home Care Act as intermediate care facilities that | ||||||
7 | are federally defined as Institutions for Mental Disease, or | ||||||
8 | facilities licensed by the Department of Public Health under | ||||||
9 | the Specialized Mental Health Rehabilitation Act of 2013, a | ||||||
10 | socio-development component rate equal to 6.6% of the | ||||||
11 | facility's nursing component rate as of January 1, 2006 shall | ||||||
12 | be established and paid effective July 1, 2006. The | ||||||
13 | socio-development component of the rate shall be increased by | ||||||
14 | a factor of 2.53 on the first day of the month that begins at | ||||||
15 | least 45 days after January 11, 2008 (the effective date of | ||||||
16 | Public Act 95-707). As of August 1, 2008, the | ||||||
17 | socio-development component rate shall be equal to 6.6% of the | ||||||
18 | facility's nursing component rate as of January 1, 2006, | ||||||
19 | multiplied by a factor of 3.53. For services provided on or | ||||||
20 | after April 1, 2011, or the first day of the month that begins | ||||||
21 | at least 45 days after the effective date of this amendatory | ||||||
22 | Act of the 96th General Assembly, whichever is later, the | ||||||
23 | Illinois Department may by rule adjust these socio-development | ||||||
24 | component rates, and may use different adjustment | ||||||
25 | methodologies for those facilities participating, and those | ||||||
26 | not participating, in the Illinois Department's demonstration |
| |||||||
| |||||||
1 | program pursuant to the provisions of Title 77, Part 300, | ||||||
2 | Subpart T of the Illinois Administrative Code, but in no case | ||||||
3 | may such rates be diminished below those in effect on August 1, | ||||||
4 | 2008.
| ||||||
5 | For facilities
licensed
by the
Department of Public Health | ||||||
6 | under the Nursing Home Care Act as Intermediate
Care for
the | ||||||
7 | Developmentally Disabled facilities or as long-term care | ||||||
8 | facilities for
residents under 22 years of age, the rates | ||||||
9 | taking effect on July 1,
2003 shall
include a statewide | ||||||
10 | increase of 4%, as defined by the Department.
| ||||||
11 | For facilities licensed by the Department of Public Health | ||||||
12 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
13 | Developmentally Disabled
facilities or Long Term Care for | ||||||
14 | Under Age 22 facilities, the rates taking
effect on the first | ||||||
15 | day of the month that begins at least 45 days after the | ||||||
16 | effective date of this amendatory Act of the 95th General | ||||||
17 | Assembly shall include a statewide increase of 2.5%, as
| ||||||
18 | defined by the Department. | ||||||
19 | Notwithstanding any other provision of this Section, for | ||||||
20 | facilities licensed by the Department of Public Health under | ||||||
21 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
22 | intermediate care facilities, effective January 1, 2005, | ||||||
23 | facility rates shall be increased by the difference between | ||||||
24 | (i) a facility's per diem property, liability, and malpractice | ||||||
25 | insurance costs as reported in the cost report filed with the | ||||||
26 | Department of Public Aid and used to establish rates effective |
| |||||||
| |||||||
1 | July 1, 2001 and (ii) those same costs as reported in the | ||||||
2 | facility's 2002 cost report. These costs shall be passed | ||||||
3 | through to the facility without caps or limitations, except | ||||||
4 | for adjustments required under normal auditing procedures.
| ||||||
5 | Rates established effective each July 1 shall govern | ||||||
6 | payment
for services rendered throughout that fiscal year, | ||||||
7 | except that rates
established on July 1, 1996 shall be | ||||||
8 | increased by 6.8% for services
provided on or after January 1, | ||||||
9 | 1997. Such rates will be based
upon the rates calculated for | ||||||
10 | the year beginning July 1, 1990, and for
subsequent years | ||||||
11 | thereafter until June 30, 2001 shall be based on the
facility | ||||||
12 | cost reports
for the facility fiscal year ending at any point | ||||||
13 | in time during the previous
calendar year, updated to the | ||||||
14 | midpoint of the rate year. The cost report
shall be on file | ||||||
15 | with the Department no later than April 1 of the current
rate | ||||||
16 | year. Should the cost report not be on file by April 1, the | ||||||
17 | Department
shall base the rate on the latest cost report filed | ||||||
18 | by each skilled care
facility and intermediate care facility, | ||||||
19 | updated to the midpoint of the
current rate year. In | ||||||
20 | determining rates for services rendered on and after
July 1, | ||||||
21 | 1985, fixed time shall not be computed at less than zero. The
| ||||||
22 | Department shall not make any alterations of regulations which | ||||||
23 | would reduce
any component of the Medicaid rate to a level | ||||||
24 | below what that component would
have been utilizing in the | ||||||
25 | rate effective on July 1, 1984.
| ||||||
26 | (2) Shall take into account the actual costs incurred by |
| |||||||
| |||||||
1 | facilities
in providing services for recipients of skilled | ||||||
2 | nursing and intermediate
care services under the medical | ||||||
3 | assistance program.
| ||||||
4 | (3) Shall take into account the medical and psycho-social
| ||||||
5 | characteristics and needs of the patients.
| ||||||
6 | (4) Shall take into account the actual costs incurred by | ||||||
7 | facilities in
meeting licensing and certification standards | ||||||
8 | imposed and prescribed by the
State of Illinois, any of its | ||||||
9 | political subdivisions or municipalities and by
the U.S. | ||||||
10 | Department of Health and Human Services pursuant to Title XIX | ||||||
11 | of the
Social Security Act.
| ||||||
12 | The Department of Healthcare and Family Services
shall | ||||||
13 | develop precise standards for
payments to reimburse nursing | ||||||
14 | facilities for any utilization of
appropriate rehabilitative | ||||||
15 | personnel for the provision of rehabilitative
services which | ||||||
16 | is authorized by federal regulations, including
reimbursement | ||||||
17 | for services provided by qualified therapists or qualified
| ||||||
18 | assistants, and which is in accordance with accepted | ||||||
19 | professional
practices. Reimbursement also may be made for | ||||||
20 | utilization of other
supportive personnel under appropriate | ||||||
21 | supervision.
| ||||||
22 | The Department shall develop enhanced payments to offset | ||||||
23 | the additional costs incurred by a
facility serving | ||||||
24 | exceptional need residents and shall allocate at least | ||||||
25 | $4,000,000 of the funds
collected from the assessment | ||||||
26 | established by Section 5B-2 of this Code for such payments. |
| |||||||
| |||||||
1 | For
the purpose of this Section, "exceptional needs" means, | ||||||
2 | but need not be limited to, ventilator care and traumatic | ||||||
3 | brain injury care. The enhanced payments for exceptional need | ||||||
4 | residents under this paragraph are not due and payable, | ||||||
5 | however, until (i) the methodologies described in this | ||||||
6 | paragraph are approved by the federal government in an | ||||||
7 | appropriate State Plan amendment and (ii) the assessment | ||||||
8 | imposed by Section 5B-2 of this Code is determined to be a | ||||||
9 | permissible tax under Title XIX of the Social Security Act. | ||||||
10 | Beginning January 1, 2014 the methodologies for | ||||||
11 | reimbursement of nursing facility services as provided under | ||||||
12 | this Section 5-5.4 shall no longer be applicable for services | ||||||
13 | provided on or after January 1, 2014. | ||||||
14 | No payment increase under this Section for the MDS | ||||||
15 | methodology, exceptional care residents, or the | ||||||
16 | socio-development component rate established by Public Act | ||||||
17 | 96-1530 of the 96th General Assembly and funded by the | ||||||
18 | assessment imposed under Section 5B-2 of this Code shall be | ||||||
19 | due and payable until after the Department notifies the | ||||||
20 | long-term care providers, in writing, that the payment | ||||||
21 | methodologies to long-term care providers required under this | ||||||
22 | Section have been approved by the Centers for Medicare and | ||||||
23 | Medicaid Services of the U.S. Department of Health and Human | ||||||
24 | Services and the waivers under 42 CFR 433.68 for the | ||||||
25 | assessment imposed by this Section, if necessary, have been | ||||||
26 | granted by the Centers for Medicare and Medicaid Services of |
| |||||||
| |||||||
1 | the U.S. Department of Health and Human Services. Upon | ||||||
2 | notification to the Department of approval of the payment | ||||||
3 | methodologies required under this Section and the waivers | ||||||
4 | granted under 42 CFR 433.68, all increased payments otherwise | ||||||
5 | due under this Section prior to the date of notification shall | ||||||
6 | be due and payable within 90 days of the date federal approval | ||||||
7 | is received. | ||||||
8 | On and after July 1, 2012, the Department shall reduce any | ||||||
9 | rate of reimbursement for services or other payments or alter | ||||||
10 | any methodologies authorized by this Code to reduce any rate | ||||||
11 | of reimbursement for services or other payments in accordance | ||||||
12 | with Section 5-5e. | ||||||
13 | For facilities licensed by the Department of Public Health | ||||||
14 | under the ID/DD Community Care Act as ID/DD Facilities and | ||||||
15 | under the MC/DD Act as MC/DD Facilities, subject to federal | ||||||
16 | approval, the rates taking effect for services delivered on or | ||||||
17 | after August 1, 2019 shall be increased by 3.5% over the rates | ||||||
18 | in effect on June 30, 2019. The Department shall adopt rules, | ||||||
19 | including emergency rules under subsection (ii) of Section | ||||||
20 | 5-45 of the Illinois Administrative Procedure Act, to | ||||||
21 | implement the provisions of this Section, including wage | ||||||
22 | increases for direct care staff. | ||||||
23 | For facilities licensed by the Department of Public Health | ||||||
24 | under the ID/DD Community Care Act as ID/DD Facilities and | ||||||
25 | under the MC/DD Act as MC/DD Facilities, subject to federal | ||||||
26 | approval, the rates taking effect on the latter of the |
| |||||||
| |||||||
1 | approval date of the State Plan Amendment for these facilities | ||||||
2 | or the Waiver Amendment for the home and community-based | ||||||
3 | services settings shall include an increase sufficient to | ||||||
4 | provide a $0.26 per hour wage increase to the base wage for | ||||||
5 | non-executive staff. The Department shall adopt rules, | ||||||
6 | including emergency rules as authorized by Section 5-45 of the | ||||||
7 | Illinois Administrative Procedure Act, to implement the | ||||||
8 | provisions of
this Section, including wage increases for | ||||||
9 | direct care staff. | ||||||
10 | For facilities licensed by the Department of Public Health | ||||||
11 | under the ID/DD Community Care Act as ID/DD Facilities and | ||||||
12 | under the MC/DD Act as MC/DD Facilities, subject to federal | ||||||
13 | approval of the State Plan Amendment and the Waiver Amendment | ||||||
14 | for the home and community-based services settings, the rates | ||||||
15 | taking effect for the services delivered on or after July 1, | ||||||
16 | 2020 shall include an increase sufficient to provide a $1.00 | ||||||
17 | per hour wage increase for non-executive staff. For services | ||||||
18 | delivered on or after January 1, 2021, subject to federal | ||||||
19 | approval of the State Plan Amendment and the Waiver Amendment | ||||||
20 | for the home and community-based services settings, shall | ||||||
21 | include an increase sufficient to provide a $0.50 per hour | ||||||
22 | increase for non-executive staff. The Department shall adopt | ||||||
23 | rules, including emergency rules as authorized by Section 5-45 | ||||||
24 | of the Illinois Administrative Procedure Act, to implement the | ||||||
25 | provisions of this Section, including wage increases for | ||||||
26 | direct care staff. |
| |||||||
| |||||||
1 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
2 | 101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
| ||||||
3 | (305 ILCS 5/5B-2) (from Ch. 23, par. 5B-2)
| ||||||
4 | Sec. 5B-2. Assessment; no local authorization to tax.
| ||||||
5 | (a) For the privilege of engaging in the occupation of | ||||||
6 | long-term care
provider, beginning July 1, 2011 through | ||||||
7 | December 31, 2021, or upon federal approval by the Centers for | ||||||
8 | Medicare and Medicaid Services of the long-term care provider | ||||||
9 | assessment described in subsection (a-1), whichever is later, | ||||||
10 | an assessment is imposed upon each long-term care provider in | ||||||
11 | an amount equal to $6.07 times the number of occupied bed days | ||||||
12 | due and payable each month. Notwithstanding any provision of | ||||||
13 | any other Act to the
contrary, this assessment shall be | ||||||
14 | construed as a tax, but shall not be billed or passed on to any | ||||||
15 | resident of a nursing home operated by the nursing home | ||||||
16 | provider.
| ||||||
17 | (a-1) For the privilege of engaging in the occupation of | ||||||
18 | long-term care provider, beginning January 1, 2022, an | ||||||
19 | assessment is imposed upon each long-term care provider in an | ||||||
20 | amount equal to $17 times the number of occupied bed days due | ||||||
21 | and payable each month. Notwithstanding any provision of any | ||||||
22 | other Act to the contrary, this assessment shall be construed | ||||||
23 | as a tax, but shall not be billed or passed on to any resident | ||||||
24 | of a nursing home operated by the nursing home provider. | ||||||
25 | Implementation of the assessment described in this subsection |
| |||||||
| |||||||
1 | shall be subject to federal approval by the Centers for | ||||||
2 | Medicare and Medicaid Services. | ||||||
3 | (a-2) Every 6 months the Department shall calculate the | ||||||
4 | payments to nursing facilities under Section 5-5.2. If the | ||||||
5 | State share of those payments for the 6-month period | ||||||
6 | calculated exceeds the average nursing rate payment per | ||||||
7 | resident in effect on June 30, 2019, the Department may | ||||||
8 | increase the assessment described in subsection (a-1) for the | ||||||
9 | next 6 months to an amount that will generate the State share | ||||||
10 | sufficient to cover the increased cost, as long as the revenue | ||||||
11 | generated from the assessment does not exceed the federal cap | ||||||
12 | as established by the Centers for Medicare and Medicaid | ||||||
13 | Services. The Department shall notify each facility subject to | ||||||
14 | the assessment of the adjusted rate at least 30 days prior to | ||||||
15 | the date upon which the new rate takes effect and any new rate | ||||||
16 | imposed on the facilities shall take effect at the start of the | ||||||
17 | 6-month period that begins 6 months after the period used to | ||||||
18 | calculate the new rate. | ||||||
19 | (b) Nothing in this amendatory Act of 1992 shall be | ||||||
20 | construed to
authorize any home rule unit or other unit of | ||||||
21 | local government to license
for revenue or impose a tax or | ||||||
22 | assessment upon long-term care providers or
the occupation of | ||||||
23 | long-term care provider, or a tax or assessment measured
by | ||||||
24 | the income or earnings or occupied bed days of a long-term care | ||||||
25 | provider.
| ||||||
26 | (c) The assessment imposed by this Section shall not be |
| |||||||
| |||||||
1 | due and payable, however, until after the Department notifies | ||||||
2 | the long-term care providers, in writing, that the payment | ||||||
3 | methodologies to long-term care providers required under | ||||||
4 | Section 5-5.4 of this Code have been approved by the Centers | ||||||
5 | for Medicare and Medicaid Services of the U.S. Department of | ||||||
6 | Health and Human Services and that the waivers under 42 CFR | ||||||
7 | 433.68 for the assessment imposed by this Section, if | ||||||
8 | necessary, have been granted by the Centers for Medicare and | ||||||
9 | Medicaid Services of the U.S. Department of Health and Human | ||||||
10 | Services. | ||||||
11 | (Source: P.A. 96-1530, eff. 2-16-11; 97-10, eff. 6-14-11; | ||||||
12 | 97-584, eff. 8-26-11.)
| ||||||
13 | (305 ILCS 5/5B-4) (from Ch. 23, par. 5B-4)
| ||||||
14 | Sec. 5B-4. Payment of assessment; penalty.
| ||||||
15 | (a) The assessment imposed by Section 5B-2 shall be due | ||||||
16 | and payable monthly, on the last State business day of the | ||||||
17 | month for occupied bed days reported for the preceding third | ||||||
18 | month prior to the month in which the tax is payable and due. A | ||||||
19 | facility that has delayed payment due to the State's failure | ||||||
20 | to reimburse for services rendered may request an extension on | ||||||
21 | the due date for payment pursuant to subsection (b) and shall | ||||||
22 | pay the assessment within 30 days of reimbursement by the | ||||||
23 | Department.
The Illinois Department may provide that county | ||||||
24 | nursing homes directed and
maintained pursuant to Section | ||||||
25 | 5-1005 of the Counties Code may meet their
assessment |
| |||||||
| |||||||
1 | obligation by certifying to the Illinois Department that | ||||||
2 | county
expenditures have been obligated for the operation of | ||||||
3 | the county nursing
home in an amount at least equal to the | ||||||
4 | amount of the assessment.
| ||||||
5 | (a-5) The Illinois Department shall provide for an | ||||||
6 | electronic submission process for each long-term care facility | ||||||
7 | to report at a minimum the number of occupied bed days of the | ||||||
8 | long-term care facility for the reporting period and other | ||||||
9 | reasonable information the Illinois Department requires for | ||||||
10 | the administration of its responsibilities under this Code. | ||||||
11 | Beginning July 1, 2013, a separate electronic submission shall | ||||||
12 | be completed for each long-term care facility in this State | ||||||
13 | operated by a long-term care provider. The Illinois Department | ||||||
14 | shall provide a self-reporting notice of the assessment form | ||||||
15 | that the long-term care facility completes for the required | ||||||
16 | period and submits with its assessment payment to the Illinois | ||||||
17 | Department. To the extent practicable, the Department shall | ||||||
18 | coordinate the assessment reporting requirements with other | ||||||
19 | reporting required of long-term care facilities. | ||||||
20 | (b) The Illinois Department is authorized to establish
| ||||||
21 | delayed payment schedules for long-term care providers that | ||||||
22 | are
unable to make assessment payments when due under this | ||||||
23 | Section
due to financial difficulties, as determined by the | ||||||
24 | Illinois
Department. The Illinois Department may not deny a | ||||||
25 | request for delay of payment of the assessment imposed under | ||||||
26 | this Article if the long-term care provider has not been paid |
| |||||||
| |||||||
1 | for services provided during the month on which the assessment | ||||||
2 | is levied or the Medicaid managed care organization has not | ||||||
3 | been paid by the State .
| ||||||
4 | (c) If a long-term care provider fails to pay the full
| ||||||
5 | amount of an assessment payment when due (including any | ||||||
6 | extensions
granted under subsection (b)), there shall, unless | ||||||
7 | waived by the
Illinois Department for reasonable cause, be | ||||||
8 | added to the
assessment imposed by Section 5B-2 a
penalty | ||||||
9 | assessment equal to the lesser of (i) 5% of the amount of
the | ||||||
10 | assessment payment not paid on or before the due date plus 5% | ||||||
11 | of the
portion thereof remaining unpaid on the last day of each | ||||||
12 | month
thereafter or (ii) 100% of the assessment payment amount | ||||||
13 | not paid on or
before the due date. For purposes of this | ||||||
14 | subsection, payments
will be credited first to unpaid | ||||||
15 | assessment payment amounts (rather than
to penalty or | ||||||
16 | interest), beginning with the most delinquent assessment | ||||||
17 | payments. Payment cycles of longer than 60 days shall be one | ||||||
18 | factor the Director takes into account in granting a waiver | ||||||
19 | under this Section.
| ||||||
20 | (c-5) If a long-term care facility fails to file its | ||||||
21 | assessment bill with payment, there shall, unless waived by | ||||||
22 | the Illinois Department for reasonable cause, be added to the | ||||||
23 | assessment due a penalty assessment equal to 25% of the | ||||||
24 | assessment due. After July 1, 2013, no penalty shall be | ||||||
25 | assessed under this Section if the Illinois Department does | ||||||
26 | not provide a process for the electronic submission of the |
| |||||||
| |||||||
1 | information required by subsection (a-5). | ||||||
2 | (d) Nothing in this amendatory Act of 1993 shall be | ||||||
3 | construed to prevent
the Illinois Department from collecting | ||||||
4 | all amounts due under this Article
pursuant to an assessment | ||||||
5 | imposed before the effective date of this amendatory
Act of | ||||||
6 | 1993.
| ||||||
7 | (e) Nothing in this amendatory Act of the 96th General | ||||||
8 | Assembly shall be construed to prevent
the Illinois Department | ||||||
9 | from collecting all amounts due under this Code
pursuant to an | ||||||
10 | assessment, tax, fee, or penalty imposed before the effective | ||||||
11 | date of this amendatory
Act of the 96th General Assembly. | ||||||
12 | (f) No installment of the assessment imposed by Section | ||||||
13 | 5B-2 shall be due and payable until after the Department | ||||||
14 | notifies the long-term care providers, in writing, that the | ||||||
15 | payment methodologies to long-term care providers required | ||||||
16 | under Section 5-5.2 5-5.4 of this Code have been approved by | ||||||
17 | the Centers for Medicare and Medicaid Services of the U.S. | ||||||
18 | Department of Health and Human Services and the waivers under | ||||||
19 | 42 CFR 433.68 for the assessment imposed by this Section, if | ||||||
20 | necessary, have been granted by the Centers for Medicare and | ||||||
21 | Medicaid Services of the U.S. Department of Health and Human | ||||||
22 | Services. Upon notification to the Department of approval of | ||||||
23 | the payment methodologies required under Section 5-5.2 5-5.4 | ||||||
24 | of this Code and the waivers granted under 42 CFR 433.68, all | ||||||
25 | installments otherwise due under Section 5B-4 prior to the | ||||||
26 | date of notification shall be due and payable to the |
| |||||||
| |||||||
1 | Department upon written direction from the Department within | ||||||
2 | 90 days after issuance by the Comptroller of the payments | ||||||
3 | required under Section 5-5.2 5-5.4 of this Code. | ||||||
4 | (Source: P.A. 100-501, eff. 6-1-18; 101-649, eff. 7-7-20.)
| ||||||
5 | (305 ILCS 5/5B-5) (from Ch. 23, par. 5B-5)
| ||||||
6 | Sec. 5B-5. Annual reporting; penalty; maintenance of | ||||||
7 | records.
| ||||||
8 | (a) After December 31 of each year, and on or before
March | ||||||
9 | 31 of the succeeding year, every long-term care provider | ||||||
10 | subject to
assessment under this Article shall file a report | ||||||
11 | with the Illinois
Department. The report shall be in a form and | ||||||
12 | manner prescribed by the Illinois Department and shall state | ||||||
13 | the revenue received by the long-term care provider, reported | ||||||
14 | in such categories as may be required by the Illinois | ||||||
15 | Department, and other reasonable information the Illinois | ||||||
16 | Department requires for the administration of its | ||||||
17 | responsibilities under this Code.
| ||||||
18 | (b) If a long-term care provider operates or maintains
| ||||||
19 | more than one long-term care facility in this State, the | ||||||
20 | provider
may not file a single return covering all those | ||||||
21 | long-term care
facilities, but shall file a separate return | ||||||
22 | for each
long-term care facility and shall compute and pay the | ||||||
23 | assessment
for each long-term care facility separately.
| ||||||
24 | (c) Notwithstanding any other provision in this Article, | ||||||
25 | in
the case of a person who ceases to operate or maintain a |
| |||||||
| |||||||
1 | long-term
care facility in respect of which the person is | ||||||
2 | subject to
assessment under this Article as a long-term care | ||||||
3 | provider, the person shall file a final, amended return with | ||||||
4 | the Illinois
Department not more than 90 days after the | ||||||
5 | cessation reflecting
the adjustment and shall pay with the | ||||||
6 | final return the
assessment for the year as so adjusted (to the | ||||||
7 | extent not
previously paid). If a person fails to file a final | ||||||
8 | amended return on a timely basis, there shall, unless waived | ||||||
9 | by the Illinois Department for reasonable cause, be added to | ||||||
10 | the assessment due a penalty assessment equal to 25% of the | ||||||
11 | assessment due.
| ||||||
12 | (d) Notwithstanding any other provision of this Article, a
| ||||||
13 | provider who commences operating or maintaining a long-term | ||||||
14 | care
facility that was under a prior ownership and remained | ||||||
15 | licensed by the Department of Public Health shall notify the | ||||||
16 | Illinois Department of any the change in ownership regardless | ||||||
17 | of percentage, and shall be responsible to immediately pay any | ||||||
18 | prior amounts owed by the facility. In addition, within 90 | ||||||
19 | days after the effective date of this amendatory Act of the | ||||||
20 | 102nd General Assembly, all providers operating or maintaining | ||||||
21 | a long-term care facility shall notify the Illinois Department | ||||||
22 | of all owners of that facility and the percentage ownership of | ||||||
23 | each owner.
| ||||||
24 | (e) The Department shall develop a procedure for sharing | ||||||
25 | with a potential buyer of a facility information regarding | ||||||
26 | outstanding assessments and penalties owed by that facility.
|
| |||||||
| |||||||
1 | (f) In the case of a long-term care provider existing as a
| ||||||
2 | corporation or legal entity other than an individual, the | ||||||
3 | return
filed by it shall be signed by its president, | ||||||
4 | vice-president,
secretary, or treasurer or by its properly | ||||||
5 | authorized agent.
| ||||||
6 | (g) If a long-term care provider fails to file its return
| ||||||
7 | on or before the due date of the return,
there shall, unless | ||||||
8 | waived by the Illinois Department for
reasonable cause, be | ||||||
9 | added to the assessment imposed by Section
5B-2 a penalty | ||||||
10 | assessment equal to 25%
of the assessment imposed for the | ||||||
11 | year. After July 1, 2013, no penalty shall be assessed if the | ||||||
12 | Illinois Department has not established a process for the | ||||||
13 | electronic submission of information.
| ||||||
14 | (h) Every long-term care provider subject to assessment
| ||||||
15 | under this Article shall keep records and books that will
| ||||||
16 | permit the determination of occupied bed days on a calendar | ||||||
17 | year
basis. All such books and records shall be kept in the | ||||||
18 | English
language and shall, at all times during business hours | ||||||
19 | of the
day, be subject to inspection by the Illinois | ||||||
20 | Department or its
duly authorized agents and employees.
| ||||||
21 | (i) The Illinois Department shall establish a process for | ||||||
22 | long-term care providers to electronically submit all | ||||||
23 | information required by this Section no later than July 1, | ||||||
24 | 2013. | ||||||
25 | (Source: P.A. 96-1530, eff. 2-16-11; 97-403, eff. 1-1-12; | ||||||
26 | 97-813, eff. 7-13-12.)
|
| |||||||
| |||||||
1 | (305 ILCS 5/5B-8) (from Ch. 23, par. 5B-8)
| ||||||
2 | Sec. 5B-8. Long-Term Care Provider Fund.
| ||||||
3 | (a) There is created in the State Treasury the Long-Term
| ||||||
4 | Care Provider Fund. Interest earned by the Fund shall be
| ||||||
5 | credited to the Fund. The Fund shall not be used to replace any
| ||||||
6 | moneys appropriated to the Medicaid program by the General | ||||||
7 | Assembly.
| ||||||
8 | (b) The Fund is created for the purpose of receiving and
| ||||||
9 | disbursing moneys in accordance with this Article. | ||||||
10 | Disbursements
from the Fund shall be made only as follows:
| ||||||
11 | (1) For payments to nursing
facilities, including | ||||||
12 | county nursing facilities but excluding
State-operated | ||||||
13 | facilities, under Title XIX of the Social Security
Act and | ||||||
14 | Article V of this Code.
| ||||||
15 | (1.5) For payments to managed care organizations as
| ||||||
16 | defined in Section 5-30.1 of this Code.
| ||||||
17 | (2) For the reimbursement of moneys collected by the
| ||||||
18 | Illinois Department through error or mistake.
| ||||||
19 | (3) For payment of administrative expenses incurred by | ||||||
20 | the
Illinois Department or its agent in performing the | ||||||
21 | activities
authorized by this Article.
| ||||||
22 | (3.5) For reimbursement of expenses incurred by | ||||||
23 | long-term care facilities, and payment of administrative | ||||||
24 | expenses incurred by the Department of Public Health, in | ||||||
25 | relation to the conduct and analysis of background checks |
| |||||||
| |||||||
1 | for identified offenders under the Nursing Home Care Act.
| ||||||
2 | (4) For payments of any amounts that are reimbursable | ||||||
3 | to the
federal government for payments from this Fund that | ||||||
4 | are required
to be paid by State warrant.
| ||||||
5 | (5) For making transfers to the General Obligation | ||||||
6 | Bond
Retirement and Interest Fund, as those transfers are | ||||||
7 | authorized
in the proceedings authorizing debt under the | ||||||
8 | Short Term Borrowing Act,
but transfers made under this | ||||||
9 | paragraph (5) shall not exceed the
principal amount of | ||||||
10 | debt issued in anticipation of the receipt by
the State of | ||||||
11 | moneys to be deposited into the Fund.
| ||||||
12 | (6) For making transfers, at the direction of the | ||||||
13 | Director of the Governor's Office of Management and Budget | ||||||
14 | during each fiscal year beginning on or after July 1, | ||||||
15 | 2011, to other State funds in an annual amount of | ||||||
16 | $20,000,000 of the tax collected pursuant to this Article | ||||||
17 | for the purpose of enforcement of nursing home standards, | ||||||
18 | support of the ombudsman program, and efforts to expand | ||||||
19 | home and community-based services. No transfer under this | ||||||
20 | paragraph shall occur until (i) the payment methodologies | ||||||
21 | created by Public Act 96-1530 under Section 5-5.4 of this | ||||||
22 | Code have been approved by the Centers for Medicare and | ||||||
23 | Medicaid Services of the U.S. Department of Health and | ||||||
24 | Human Services and (ii) the assessment imposed by Section | ||||||
25 | 5B-2 of this Code is determined to be a permissible tax | ||||||
26 | under Title XIX of the Social Security Act. |
| |||||||
| |||||||
1 | (7) For making transfers, at the direction of the | ||||||
2 | Director of the Governor's Office of Management and Budget | ||||||
3 | during each fiscal year beginning on or after January 1, | ||||||
4 | 2022, to the Healthcare Provider Relief Fund in an annual | ||||||
5 | amount of $49,000,000 of the tax collected pursuant to | ||||||
6 | this Article for the purpose of enforcement of nursing | ||||||
7 | home standards, payments for other long-term care | ||||||
8 | priorities of the Department, including payments to | ||||||
9 | managed care organizations, and efforts to expand home and | ||||||
10 | community-based services. For the 6-month period during | ||||||
11 | State Fiscal Year 2022, on and after January 1, 2022 | ||||||
12 | through June 30, 2022, the amount listed above shall be | ||||||
13 | prorated to an amount of 1/12th per month. | ||||||
14 | Disbursements from the Fund, other than transfers made | ||||||
15 | pursuant to paragraphs (5) and (6) of this subsection, shall | ||||||
16 | be by
warrants drawn by the State Comptroller upon receipt of | ||||||
17 | vouchers
duly executed and certified by the Illinois | ||||||
18 | Department.
| ||||||
19 | (c) The Fund shall consist of the following:
| ||||||
20 | (1) All moneys collected or received by the Illinois
| ||||||
21 | Department from the long-term care provider assessment | ||||||
22 | imposed by
this Article.
| ||||||
23 | (2) All federal matching funds received by the | ||||||
24 | Illinois
Department as a result of expenditures made from | ||||||
25 | the Fund by the Illinois
Department that are attributable | ||||||
26 | to moneys deposited in the Fund .
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | (3) Any interest or penalty levied in conjunction with | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | the
administration of this Article.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | (4) (Blank).
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | (5) All other monies received for the Fund from any | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | other source,
including interest earned thereon.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | (Source: P.A. 96-1530, eff. 2-16-11; 97-584, eff. 8-26-11.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | (305 ILCS 5/5E-10)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Sec. 5E-10. Fee. Through December 31, 2021 or upon federal | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | approval by the Centers for
Medicare and Medicaid Services of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | the long-term care provider
assessment described in subsection | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | (a-1) of Section 5B-2 of this Code, whichever is later, every | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | Every nursing home provider shall pay to the Illinois
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | Department, on or before September 10, December 10, March 10, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | and June 10, a
fee in the amount of $1.50 for each licensed | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | nursing bed day for the calendar
quarter in which the payment | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | is due. This fee shall not be billed or passed on
to any | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | resident of a nursing home operated by the nursing home | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | provider. All
fees received by the Illinois Department under | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | this Section shall be deposited
into the Long-Term Care | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | Provider Fund.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | (Source: P.A. 88-88; 89-21, eff. 7-1-95.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | becoming law. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||