103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4072

 

Introduced 5/9/2023, by Rep. Charles Meier - Janet Yang Rohr - Lindsey LaPointe - Suzanne M. Ness - Amy Elik, et al.

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/5-47 new

    Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, in accordance with federal guidance issued by the federal Centers for Medicare and Medicaid Services, the Department of Healthcare and Family Services shall exempt from electronic visit verification requirements all live-in caregivers who provide Medicaid-funded personal care services or home health care services under the Illinois Title XIX State Plan or a waiver of the plan, including personal care services and home health care services provided under various home and community-based services waiver programs authorized under the Social Security Act. Defines "live-in caregiver". Grants the Department rulemaking authority. Effective immediately.


LRB103 32247 KTG 61479 b

 

 

A BILL FOR

 

HB4072LRB103 32247 KTG 61479 b

1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5adding Section 5-47 as follows:
 
6    (305 ILCS 5/5-47 new)
7    Sec. 5-47. Electronic visit verification system; live-in
8caregiver exemption. In accordance with federal guidance
9issued by the federal Centers for Medicare and Medicaid
10Services in its "CMCS Informational Bulletin" on August 8,
112019 that allows state Medicaid agencies to exempt live-in
12caregivers from the electronic visit verification requirements
13authorized under Section 12006(a) of the 21st Century Cures
14Act (Public Law 114-255), the Department of Healthcare and
15Family Services shall exempt from electronic visit
16verification requirements all live-in caregivers who provide
17Medicaid-funded personal care services or home health care
18services under the Illinois Title XIX State Plan or a waiver of
19the plan, including personal care services provided under
20Section 1905(a)(24), 1915(c), 1915(i), 1915(j), 1915(k), or
211115 of the Social Security Act, and home health care services
22provided under Section 1905(a)(7) of the Social Security Act
23or under a waiver or demonstration project authorized under

 

 

HB4072- 2 -LRB103 32247 KTG 61479 b

1the Social Security Act.
2    As used in this Section, "live-in caregiver" means a
3caregiver who permanently or for an extended period of time
4resides in the same residence as the individual receiving
5Medicaid-funded personal care services or home health care
6services. Live-in caregiver status shall be determined by
7meeting requirements established by the U.S. Department of
8Labor, Internal Revenue Service, or extenuating circumstances
9approved by the Department of Healthcare and Family Services.
10    The Department of Healthcare and Family Services may adopt
11any rules necessary to implement this provision, including
12rules on the form and manner in which a caregiver must verify
13that he or she meets the definition of "live in caregiver".
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.