Rep. Robyn Gabel

Filed: 5/7/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 774

2    AMENDMENT NO. ______. Amend Senate Bill 774 by replacing
3line 23 on page 17 through line 18 on page 24 with the
4following:
 
5    "Section 15. The Illinois Public Aid Code is amended by
6changing Section 5-5.01a as follows:
 
7    (305 ILCS 5/5-5.01a)
8    Sec. 5-5.01a. Supportive living facilities program.
9    (a) The Department shall establish and provide oversight
10for a program of supportive living facilities that seek to
11promote resident independence, dignity, respect, and
12well-being in the most cost-effective manner.
13    A supportive living facility is (i) a free-standing
14facility or (ii) a distinct physical and operational entity
15within a mixed-use building that meets the criteria
16established in subsection (d). A supportive living facility

 

 

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1integrates housing with health, personal care, and supportive
2services and is a designated setting that offers residents
3their own separate, private, and distinct living units.
4    Sites for the operation of the program shall be selected
5by the Department based upon criteria that may include the
6need for services in a geographic area, the availability of
7funding, and the site's ability to meet the standards.
8    (b) Beginning July 1, 2014, subject to federal approval,
9the Medicaid rates for supportive living facilities shall be
10equal to the supportive living facility Medicaid rate
11effective on June 30, 2014 increased by 8.85%. Once the
12assessment imposed at Article V-G of this Code is determined
13to be a permissible tax under Title XIX of the Social Security
14Act, the Department shall increase the Medicaid rates for
15supportive living facilities effective on July 1, 2014 by
169.09%. The Department shall apply this increase retroactively
17to coincide with the imposition of the assessment in Article
18V-G of this Code in accordance with the approval for federal
19financial participation by the Centers for Medicare and
20Medicaid Services.
21    The Medicaid rates for supportive living facilities
22effective on July 1, 2017 must be equal to the rates in effect
23for supportive living facilities on June 30, 2017 increased by
242.8%.
25    The Medicaid rates for supportive living facilities
26effective on July 1, 2018 must be equal to the rates in effect

 

 

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1for supportive living facilities on June 30, 2018.
2    Subject to federal approval, the Medicaid rates for
3supportive living services on and after July 1, 2019 must be at
4least 54.3% of the average total nursing facility services per
5diem for the geographic areas defined by the Department while
6maintaining the rate differential for dementia care and must
7be updated whenever the total nursing facility service per
8diems are updated. Beginning July 1, 2022, upon the
9implementation of the Patient Driven Payment Model, Medicaid
10rates for supportive living services must be at least 54.3% of
11the average total nursing services per diem rate for the
12geographic areas. For purposes of this provision, the average
13total nursing services per diem rate shall include all add-ons
14for nursing facilities for the geographic area provided for in
15Section 5-5.2. The rate differential for dementia care must be
16maintained in these rates and the rates shall be updated
17whenever nursing facility per diem rates are updated.
18    Subject to federal approval, beginning January 1, 2024,
19the dementia care rate for supportive living services must be
20no less than the non-dementia care supportive living services
21rate multiplied by 1.5.
22    (c) The Department may adopt rules to implement this
23Section. Rules that establish or modify the services,
24standards, and conditions for participation in the program
25shall be adopted by the Department in consultation with the
26Department on Aging, the Department of Rehabilitation

 

 

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1Services, and the Department of Mental Health and
2Developmental Disabilities (or their successor agencies).
3    (d) Subject to federal approval by the Centers for
4Medicare and Medicaid Services, the Department shall accept
5for consideration of certification under the program any
6application for a site or building where distinct parts of the
7site or building are designated for purposes other than the
8provision of supportive living services, but only if:
9        (1) those distinct parts of the site or building are
10    not designated for the purpose of providing assisted
11    living services as required under the Assisted Living and
12    Shared Housing Act;
13        (2) those distinct parts of the site or building are
14    completely separate from the part of the building used for
15    the provision of supportive living program services,
16    including separate entrances;
17        (3) those distinct parts of the site or building do
18    not share any common spaces with the part of the building
19    used for the provision of supportive living program
20    services; and
21        (4) those distinct parts of the site or building do
22    not share staffing with the part of the building used for
23    the provision of supportive living program services.
24    (e) Facilities or distinct parts of facilities which are
25selected as supportive living facilities and are in good
26standing with the Department's rules are exempt from the

 

 

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1provisions of the Nursing Home Care Act and the Illinois
2Health Facilities Planning Act.
3    (f) Section 9817 of the American Rescue Plan Act of 2021
4(Public Law 117-2) authorizes a 10% enhanced federal medical
5assistance percentage for supportive living services for a
612-month period from April 1, 2021 through March 31, 2022.
7Subject to federal approval, including the approval of any
8necessary waiver amendments or other federally required
9documents or assurances, for a 12-month period the Department
10must pay a supplemental $26 per diem rate to all supportive
11living facilities with the additional federal financial
12participation funds that result from the enhanced federal
13medical assistance percentage from April 1, 2021 through March
1431, 2022. The Department may issue parameters around how the
15supplemental payment should be spent, including quality
16improvement activities. The Department may alter the form,
17methods, or timeframes concerning the supplemental per diem
18rate to comply with any subsequent changes to federal law,
19changes made by guidance issued by the federal Centers for
20Medicare and Medicaid Services, or other changes necessary to
21receive the enhanced federal medical assistance percentage.
22    (g) All applications for the expansion of supportive
23living dementia care settings involving sites not approved by
24the Department on January 1, 2024 (the effective date of
25Public Act 103-102) this amendatory Act of the 103rd General
26Assembly may allow new elderly non-dementia units in addition

 

 

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1to new dementia care units. The Department may approve such
2applications only if the application has: (1) no more than one
3non-dementia care unit for each dementia care unit and (2) the
4site is not located within 4 miles of an existing supportive
5living program site in Cook County (including the City of
6Chicago), not located within 12 miles of an existing
7supportive living program site in DuPage County, Kane County,
8Lake County, McHenry County, or Will County, or not located
9within 25 miles of an existing supportive living program site
10in any other county.
11    (f) Subject to federal approval, the Department shall
12allow a certified medication aide to administer medication in
13a supportive living facility. For purposes of this subsection,
14"certified medication aide" means a person who has met the
15qualifications for certification under Section 79 of the
16Assisted Living and Shared Housing Act and assists with
17medication administration while under the supervision of a
18registered professional nurse as authorized by Section 50-75
19of the Nurse Practice Act. The Department may adopt rules to
20implement this subsection.
21(Source: P.A. 102-43, eff. 7-6-21; 102-699, eff. 4-19-22;
22103-102, Article 20, Section 20-5, eff. 1-1-24; 103-102,
23Article 100, Section 100-5, eff. 1-1-24; revised 12-15-23.)".