Sen. Susan Garrett

Filed: 3/11/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 769

2    AMENDMENT NO. ______. Amend Senate Bill 769 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Public Aid Code is amended by
5changing Sections 5-5.4, 5B-2, 5B-4, and 5B-8 as follows:
 
6    (305 ILCS 5/5-5.4)  (from Ch. 23, par. 5-5.4)
7    Sec. 5-5.4. Standards of Payment - Department of Healthcare
8and Family Services. The Department of Healthcare and Family
9Services shall develop standards of payment of nursing facility
10and ICF/DD services in facilities providing such services under
11this Article which:
12    (1) Provide for the determination of a facility's payment
13for nursing facility or ICF/DD services on a prospective basis.
14The amount of the payment rate for all nursing facilities
15certified by the Department of Public Health under the MR/DD
16Community Care Act or the Nursing Home Care Act as Intermediate

 

 

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1Care for the Developmentally Disabled facilities, Long Term
2Care for Under Age 22 facilities, Skilled Nursing facilities,
3or Intermediate Care facilities under the medical assistance
4program shall be prospectively established annually on the
5basis of historical, financial, and statistical data
6reflecting actual costs from prior years, which shall be
7applied to the current rate year and updated for inflation,
8except that the capital cost element for newly constructed
9facilities shall be based upon projected budgets. The annually
10established payment rate shall take effect on July 1 in 1984
11and subsequent years. No rate increase and no update for
12inflation shall be provided on or after July 1, 1994 and before
13July 1, 2012, unless specifically provided for in this Section.
14The changes made by Public Act 93-841 extending the duration of
15the prohibition against a rate increase or update for inflation
16are effective retroactive to July 1, 2004.
17    For facilities licensed by the Department of Public Health
18under the Nursing Home Care Act as Intermediate Care for the
19Developmentally Disabled facilities or Long Term Care for Under
20Age 22 facilities, the rates taking effect on July 1, 1998
21shall include an increase of 3%. For facilities licensed by the
22Department of Public Health under the Nursing Home Care Act as
23Skilled Nursing facilities or Intermediate Care facilities,
24the rates taking effect on July 1, 1998 shall include an
25increase of 3% plus $1.10 per resident-day, as defined by the
26Department. For facilities licensed by the Department of Public

 

 

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1Health under the Nursing Home Care Act as Intermediate Care
2Facilities for the Developmentally Disabled or Long Term Care
3for Under Age 22 facilities, the rates taking effect on January
41, 2006 shall include an increase of 3%. For facilities
5licensed by the Department of Public Health under the Nursing
6Home Care Act as Intermediate Care Facilities for the
7Developmentally Disabled or Long Term Care for Under Age 22
8facilities, the rates taking effect on January 1, 2009 shall
9include an increase sufficient to provide a $0.50 per hour wage
10increase for non-executive staff.
11    For facilities licensed by the Department of Public Health
12under the Nursing Home Care Act as Intermediate Care for the
13Developmentally Disabled facilities or Long Term Care for Under
14Age 22 facilities, the rates taking effect on July 1, 1999
15shall include an increase of 1.6% plus $3.00 per resident-day,
16as defined by the Department. For facilities licensed by the
17Department of Public Health under the Nursing Home Care Act as
18Skilled Nursing facilities or Intermediate Care facilities,
19the rates taking effect on July 1, 1999 shall include an
20increase of 1.6% and, for services provided on or after October
211, 1999, shall be increased by $4.00 per resident-day, as
22defined by the Department.
23    For facilities licensed by the Department of Public Health
24under the Nursing Home Care Act as Intermediate Care for the
25Developmentally Disabled facilities or Long Term Care for Under
26Age 22 facilities, the rates taking effect on July 1, 2000

 

 

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1shall include an increase of 2.5% per resident-day, as defined
2by the Department. For facilities licensed by the Department of
3Public Health under the Nursing Home Care Act as Skilled
4Nursing facilities or Intermediate Care facilities, the rates
5taking effect on July 1, 2000 shall include an increase of 2.5%
6per resident-day, as defined by the Department.
7    For facilities licensed by the Department of Public Health
8under the Nursing Home Care Act as skilled nursing facilities
9or intermediate care facilities, a new payment methodology must
10be implemented for the nursing component of the rate effective
11July 1, 2003. The Department of Public Aid (now Healthcare and
12Family Services) shall develop the new payment methodology
13using the Minimum Data Set (MDS) as the instrument to collect
14information concerning nursing home resident condition
15necessary to compute the rate. The Department shall develop the
16new payment methodology to meet the unique needs of Illinois
17nursing home residents while remaining subject to the
18appropriations provided by the General Assembly. A transition
19period from the payment methodology in effect on June 30, 2003
20to the payment methodology in effect on July 1, 2003 shall be
21provided for a period not exceeding 3 years and 184 days after
22implementation of the new payment methodology as follows:
23        (A) For a facility that would receive a lower nursing
24    component rate per patient day under the new system than
25    the facility received effective on the date immediately
26    preceding the date that the Department implements the new

 

 

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1    payment methodology, the nursing component rate per
2    patient day for the facility shall be held at the level in
3    effect on the date immediately preceding the date that the
4    Department implements the new payment methodology until a
5    higher nursing component rate of reimbursement is achieved
6    by that facility.
7        (B) For a facility that would receive a higher nursing
8    component rate per patient day under the payment
9    methodology in effect on July 1, 2003 than the facility
10    received effective on the date immediately preceding the
11    date that the Department implements the new payment
12    methodology, the nursing component rate per patient day for
13    the facility shall be adjusted.
14        (C) Notwithstanding paragraphs (A) and (B), the
15    nursing component rate per patient day for the facility
16    shall be adjusted subject to appropriations provided by the
17    General Assembly.
18    For facilities licensed by the Department of Public Health
19under the Nursing Home Care Act as Intermediate Care for the
20Developmentally Disabled facilities or Long Term Care for Under
21Age 22 facilities, the rates taking effect on March 1, 2001
22shall include a statewide increase of 7.85%, as defined by the
23Department.
24    Notwithstanding any other provision of this Section, for
25facilities licensed by the Department of Public Health under
26the Nursing Home Care Act as skilled nursing facilities or

 

 

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1intermediate care facilities, except facilities participating
2in the Department's demonstration program pursuant to the
3provisions of Title 77, Part 300, Subpart T of the Illinois
4Administrative Code, the numerator of the ratio used by the
5Department of Healthcare and Family Services to compute the
6rate payable under this Section using the Minimum Data Set
7(MDS) methodology shall incorporate the following annual
8amounts as the additional funds appropriated to the Department
9specifically to pay for rates based on the MDS nursing
10component methodology in excess of the funding in effect on
11December 31, 2006:
12        (i) For rates taking effect January 1, 2007,
13    $60,000,000.
14        (ii) For rates taking effect January 1, 2008,
15    $110,000,000.
16        (iii) For rates taking effect January 1, 2009,
17    $194,000,000.
18        (iv) For rates taking effect April 1, 2011, or the
19    first day of the month that begins at least 45 days after
20    the effective date of this amendatory Act of the 96th
21    General Assembly, $416,500,000 or an amount as may be
22    necessary to complete the transition to the MDS methodology
23    for the nursing component of the rate. Increased payments
24    under this item (iv) are not due and payable, however,
25    until (i) the methodologies described in this paragraph are
26    approved by the federal government in an appropriate State

 

 

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1    Plan amendment and (ii) the assessment imposed by Section
2    5B-2 of this Code is determined to be a permissible tax
3    under Title XIX of the Social Security Act.
4    Notwithstanding any other provision of this Section, for
5facilities licensed by the Department of Public Health under
6the Nursing Home Care Act as skilled nursing facilities or
7intermediate care facilities, the support component of the
8rates taking effect on January 1, 2008 shall be computed using
9the most recent cost reports on file with the Department of
10Healthcare and Family Services no later than April 1, 2005,
11updated for inflation to January 1, 2006.
12    For facilities licensed by the Department of Public Health
13under the Nursing Home Care Act as Intermediate Care for the
14Developmentally Disabled facilities or Long Term Care for Under
15Age 22 facilities, the rates taking effect on April 1, 2002
16shall include a statewide increase of 2.0%, as defined by the
17Department. This increase terminates on July 1, 2002; beginning
18July 1, 2002 these rates are reduced to the level of the rates
19in effect on March 31, 2002, as defined by the Department.
20    For facilities licensed by the Department of Public Health
21under the Nursing Home Care Act as skilled nursing facilities
22or intermediate care facilities, the rates taking effect on
23July 1, 2001 shall be computed using the most recent cost
24reports on file with the Department of Public Aid no later than
25April 1, 2000, updated for inflation to January 1, 2001. For
26rates effective July 1, 2001 only, rates shall be the greater

 

 

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1of the rate computed for July 1, 2001 or the rate effective on
2June 30, 2001.
3    Notwithstanding any other provision of this Section, for
4facilities licensed by the Department of Public Health under
5the Nursing Home Care Act as skilled nursing facilities or
6intermediate care facilities, the Illinois Department shall
7determine by rule the rates taking effect on July 1, 2002,
8which shall be 5.9% less than the rates in effect on June 30,
92002.
10    Notwithstanding any other provision of this Section, for
11facilities licensed by the Department of Public Health under
12the Nursing Home Care Act as skilled nursing facilities or
13intermediate care facilities, if the payment methodologies
14required under Section 5A-12 and the waiver granted under 42
15CFR 433.68 are approved by the United States Centers for
16Medicare and Medicaid Services, the rates taking effect on July
171, 2004 shall be 3.0% greater than the rates in effect on June
1830, 2004. These rates shall take effect only upon approval and
19implementation of the payment methodologies required under
20Section 5A-12.
21    Notwithstanding any other provisions of this Section, for
22facilities licensed by the Department of Public Health under
23the Nursing Home Care Act as skilled nursing facilities or
24intermediate care facilities, the rates taking effect on
25January 1, 2005 shall be 3% more than the rates in effect on
26December 31, 2004.

 

 

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1    Notwithstanding any other provision of this Section, for
2facilities licensed by the Department of Public Health under
3the Nursing Home Care Act as skilled nursing facilities or
4intermediate care facilities, effective January 1, 2009, the
5per diem support component of the rates effective on January 1,
62008, computed using the most recent cost reports on file with
7the Department of Healthcare and Family Services no later than
8April 1, 2005, updated for inflation to January 1, 2006, shall
9be increased to the amount that would have been derived using
10standard Department of Healthcare and Family Services methods,
11procedures, and inflators.
12    Notwithstanding any other provisions of this Section, for
13facilities licensed by the Department of Public Health under
14the Nursing Home Care Act as intermediate care facilities that
15are federally defined as Institutions for Mental Disease, a
16socio-development component rate equal to 6.6% of the
17facility's nursing component rate as of January 1, 2006 shall
18be established and paid effective July 1, 2006. The
19socio-development component of the rate shall be increased by a
20factor of 2.53 on the first day of the month that begins at
21least 45 days after January 11, 2008 (the effective date of
22Public Act 95-707). As of August 1, 2008, the socio-development
23component rate shall be equal to 6.6% of the facility's nursing
24component rate as of January 1, 2006, multiplied by a factor of
253.53. For services provided on or after April 1, 2011, or the
26first day of the month that begins at least 45 days after the

 

 

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1effective date of this amendatory Act of the 96th General
2Assembly, whichever is later, the Illinois Department may by
3rule adjust these socio-development component rates, and may
4use different adjustment methodologies for those facilities
5participating, and those not participating, in the Illinois
6Department's demonstration program pursuant to the provisions
7of Title 77, Part 300, Subpart T of the Illinois Administrative
8Code, but in no case may such rates be diminished below those
9in effect on August 1, 2008.
10    For facilities licensed by the Department of Public Health
11under the Nursing Home Care Act as Intermediate Care for the
12Developmentally Disabled facilities or as long-term care
13facilities for residents under 22 years of age, the rates
14taking effect on July 1, 2003 shall include a statewide
15increase of 4%, as defined by the Department.
16    For facilities licensed by the Department of Public Health
17under the Nursing Home Care Act as Intermediate Care for the
18Developmentally Disabled facilities or Long Term Care for Under
19Age 22 facilities, the rates taking effect on the first day of
20the month that begins at least 45 days after the effective date
21of this amendatory Act of the 95th General Assembly shall
22include a statewide increase of 2.5%, as defined by the
23Department.
24    Notwithstanding any other provision of this Section, for
25facilities licensed by the Department of Public Health under
26the Nursing Home Care Act as skilled nursing facilities or

 

 

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1intermediate care facilities, effective January 1, 2005,
2facility rates shall be increased by the difference between (i)
3a facility's per diem property, liability, and malpractice
4insurance costs as reported in the cost report filed with the
5Department of Public Aid and used to establish rates effective
6July 1, 2001 and (ii) those same costs as reported in the
7facility's 2002 cost report. These costs shall be passed
8through to the facility without caps or limitations, except for
9adjustments required under normal auditing procedures.
10    Rates established effective each July 1 shall govern
11payment for services rendered throughout that fiscal year,
12except that rates established on July 1, 1996 shall be
13increased by 6.8% for services provided on or after January 1,
141997. Such rates will be based upon the rates calculated for
15the year beginning July 1, 1990, and for subsequent years
16thereafter until June 30, 2001 shall be based on the facility
17cost reports for the facility fiscal year ending at any point
18in time during the previous calendar year, updated to the
19midpoint of the rate year. The cost report shall be on file
20with the Department no later than April 1 of the current rate
21year. Should the cost report not be on file by April 1, the
22Department shall base the rate on the latest cost report filed
23by each skilled care facility and intermediate care facility,
24updated to the midpoint of the current rate year. In
25determining rates for services rendered on and after July 1,
261985, fixed time shall not be computed at less than zero. The

 

 

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1Department shall not make any alterations of regulations which
2would reduce any component of the Medicaid rate to a level
3below what that component would have been utilizing in the rate
4effective on July 1, 1984.
5    (2) Shall take into account the actual costs incurred by
6facilities in providing services for recipients of skilled
7nursing and intermediate care services under the medical
8assistance program.
9    (3) Shall take into account the medical and psycho-social
10characteristics and needs of the patients.
11    (4) Shall take into account the actual costs incurred by
12facilities in meeting licensing and certification standards
13imposed and prescribed by the State of Illinois, any of its
14political subdivisions or municipalities and by the U.S.
15Department of Health and Human Services pursuant to Title XIX
16of the Social Security Act.
17    The Department of Healthcare and Family Services shall
18develop precise standards for payments to reimburse nursing
19facilities for any utilization of appropriate rehabilitative
20personnel for the provision of rehabilitative services which is
21authorized by federal regulations, including reimbursement for
22services provided by qualified therapists or qualified
23assistants, and which is in accordance with accepted
24professional practices. Reimbursement also may be made for
25utilization of other supportive personnel under appropriate
26supervision.

 

 

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1    The Department shall develop enhanced payments to offset
2the additional costs incurred by a facility serving exceptional
3need residents and shall allocate at least $8,000,000 of the
4funds collected from the assessment established by Section 5B-2
5of this Code for such payments. For the purpose of this
6Section, "exceptional needs" means, but need not be limited to,
7ventilator care, tracheotomy care, bariatric care, complex
8wound care, and traumatic brain injury care. The enhanced
9payments for exceptional need residents under this paragraph
10are not due and payable, however, until (i) the methodologies
11described in this paragraph are approved by the federal
12government in an appropriate State Plan amendment and (ii) the
13assessment imposed by Section 5B-2 of this Code is determined
14to be a permissible tax under Title XIX of the Social Security
15Act.
16    (5) Beginning July 1, 2012 the methodologies for
17reimbursement of nursing facility services as provided under
18this Section 5-5.4 shall no longer be applicable for bills
19payable for State fiscal years 2012 and thereafter.
20    (6) No payment increase under this Section for the MDS
21methodology, exceptional care residents, or the
22socio-development component rate established by Public Act
2396-1530 of the 96th General Assembly and funded by the
24assessment imposed under Section 5B-2 of this Code shall be due
25and payable until after the Department notifies the long-term
26care providers, in writing, that the payment methodologies to

 

 

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1long-term care providers required under this Section have been
2approved by the Centers for Medicare and Medicaid Services of
3the U.S. Department of Health and Human Services and the
4waivers under 42 CFR 433.68 for the assessment imposed by this
5Section, if necessary, have been granted by the Centers for
6Medicare and Medicaid Services of the U.S. Department of Health
7and Human Services. Upon notification to the Department of
8approval of the payment methodologies required under this
9Section and the waivers granted under 42 CFR 433.68, all
10increased payments otherwise due under this Section prior to
11the date of notification shall be due and payable within 90
12days of the date federal approval is received.
13(Source: P.A. 95-12, eff. 7-2-07; 95-331, eff. 8-21-07; 95-707,
14eff. 1-11-08; 95-744, eff. 7-18-08; 96-45, eff. 7-15-09;
1596-339, eff. 7-1-10; 96-959, eff. 7-1-10; 96-1000, eff. 7-2-10;
1696-1530, eff. 2-16-11.)
 
17    (305 ILCS 5/5B-2)  (from Ch. 23, par. 5B-2)
18    Sec. 5B-2. Assessment; no local authorization to tax.
19    (a) For the privilege of engaging in the occupation of
20long-term care provider, beginning July 1, 2011 an assessment
21is imposed upon each long-term care provider in an amount equal
22to $6.07 times the number of occupied bed days due and payable
23each month. Notwithstanding any provision of any other Act to
24the contrary, this assessment shall be construed as a tax, but
25may not be added to the charges of an individual's nursing home

 

 

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1care that is paid for in whole, or in part, by a federal,
2State, or combined federal-state medical care program.
3    (b) Nothing in this amendatory Act of 1992 shall be
4construed to authorize any home rule unit or other unit of
5local government to license for revenue or impose a tax or
6assessment upon long-term care providers or the occupation of
7long-term care provider, or a tax or assessment measured by the
8income or earnings or occupied bed days of a long-term care
9provider.
10    (c) The assessment imposed by this Section shall not be due
11and payable, however, until after the Department notifies the
12long-term care providers, in writing, that the payment
13methodologies to long-term care providers required under
14Section 5-5.4 of this Code have been approved by the Centers
15for Medicare and Medicaid Services of the U.S. Department of
16Health and Human Services and the waivers under 42 CFR 433.68
17for the assessment imposed by this Section, if necessary, have
18been granted by the Centers for Medicare and Medicaid Services
19of the U.S. Department of Health and Human Services.
20(Source: P.A. 96-1530, eff. 2-16-11.)
 
21    (305 ILCS 5/5B-4)  (from Ch. 23, par. 5B-4)
22    Sec. 5B-4. Payment of assessment; penalty.
23    (a) The assessment imposed by Section 5B-2 shall be due and
24payable monthly, on the last State business day of the month
25for occupied bed days reported for the preceding third month

 

 

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1prior to the month in which the tax is payable and due. A
2facility that has delayed payment due to the State's failure to
3reimburse for services rendered may request an extension on the
4due date for payment pursuant to subsection (b) and shall pay
5the assessment within 30 days of reimbursement by the
6Department. The Illinois Department may provide that county
7nursing homes directed and maintained pursuant to Section
85-1005 of the Counties Code may meet their assessment
9obligation by certifying to the Illinois Department that county
10expenditures have been obligated for the operation of the
11county nursing home in an amount at least equal to the amount
12of the assessment.
13    (a-5) Each assessment payment shall be accompanied by an
14assessment report to be completed by the long-term care
15provider. A separate report shall be completed for each
16long-term care facility in this State operated by a long-term
17care provider. The report shall be in a form and manner
18prescribed by the Illinois Department and shall at a minimum
19provide for the reporting of the number of occupied bed days of
20the long-term care facility for the reporting period and other
21reasonable information the Illinois Department requires for
22the administration of its responsibilities under this Code. To
23the extent practicable, the Department shall coordinate the
24assessment reporting requirements with other reporting
25required of long-term care facilities.
26    (b) The Illinois Department is authorized to establish

 

 

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1delayed payment schedules for long-term care providers that are
2unable to make assessment payments when due under this Section
3due to financial difficulties, as determined by the Illinois
4Department. The Illinois Department may not deny a request for
5delay of payment of the assessment imposed under this Article
6if the long-term care provider has not been paid for services
7provided during the month on which the assessment is levied.
8    (c) If a long-term care provider fails to pay the full
9amount of an assessment payment when due (including any
10extensions granted under subsection (b)), there shall, unless
11waived by the Illinois Department for reasonable cause, be
12added to the assessment imposed by Section 5B-2 a penalty
13assessment equal to the lesser of (i) 5% of the amount of the
14assessment payment not paid on or before the due date plus 5%
15of the portion thereof remaining unpaid on the last day of each
16month thereafter or (ii) 100% of the assessment payment amount
17not paid on or before the due date. For purposes of this
18subsection, payments will be credited first to unpaid
19assessment payment amounts (rather than to penalty or
20interest), beginning with the most delinquent assessment
21payments. Payment cycles of longer than 60 days shall be one
22factor the Director takes into account in granting a waiver
23under this Section.
24    (c-5) If a long-term care provider fails to file its report
25with payment, there shall, unless waived by the Illinois
26Department for reasonable cause, be added to the assessment due

 

 

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1a penalty assessment equal to 25% of the assessment due.
2    (d) Nothing in this amendatory Act of 1993 shall be
3construed to prevent the Illinois Department from collecting
4all amounts due under this Article pursuant to an assessment
5imposed before the effective date of this amendatory Act of
61993.
7    (e) Nothing in this amendatory Act of the 96th General
8Assembly shall be construed to prevent the Illinois Department
9from collecting all amounts due under this Code pursuant to an
10assessment, tax, fee, or penalty imposed before the effective
11date of this amendatory Act of the 96th General Assembly.
12    (f) No installment of the assessment imposed by Section
135B-2 shall be due and payable until after the Department
14notifies the long-term care providers, in writing, that the
15payment methodologies to long-term care providers required
16under Section 5-5.4 of this Code have been approved by the
17Centers for Medicare and Medicaid Services of the U.S.
18Department of Health and Human Services and the waivers under
1942 CFR 433.68 for the assessment imposed by this Section, if
20necessary, have been granted by the Centers for Medicare and
21Medicaid Services of the U.S. Department of Health and Human
22Services. Upon notification to the Department of approval of
23the payment methodologies required under Section 5-5.4 of this
24Code and the waivers granted under 42 CFR 433.68, all
25installments otherwise due under Section 5B-4 prior to the date
26of notification shall be due and payable to the Department upon

 

 

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1written direction from the Department within 90 days after
2issuance by the Comptroller of the payments required under
3Section 5-5.4 of this Code.
4(Source: P.A. 96-444, eff. 8-14-09; 96-1530, eff. 2-16-11.)
 
5    (305 ILCS 5/5B-8)  (from Ch. 23, par. 5B-8)
6    Sec. 5B-8. Long-Term Care Provider Fund.
7    (a) There is created in the State Treasury the Long-Term
8Care Provider Fund. Interest earned by the Fund shall be
9credited to the Fund. The Fund shall not be used to replace any
10moneys appropriated to the Medicaid program by the General
11Assembly.
12    (b) The Fund is created for the purpose of receiving and
13disbursing moneys in accordance with this Article.
14Disbursements from the Fund shall be made only as follows:
15        (1) For payments to nursing facilities, including
16    county nursing facilities but excluding State-operated
17    facilities, under Title XIX of the Social Security Act and
18    Article V of this Code.
19        (2) For the reimbursement of moneys collected by the
20    Illinois Department through error or mistake.
21        (3) For payment of administrative expenses incurred by
22    the Illinois Department or its agent in performing the
23    activities authorized by this Article.
24        (3.5) For reimbursement of expenses incurred by
25    long-term care facilities, and payment of administrative

 

 

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1    expenses incurred by the Department of Public Health, in
2    relation to the conduct and analysis of background checks
3    for identified offenders under the Nursing Home Care Act.
4        (4) For payments of any amounts that are reimbursable
5    to the federal government for payments from this Fund that
6    are required to be paid by State warrant.
7        (5) For making transfers to the General Obligation Bond
8    Retirement and Interest Fund, as those transfers are
9    authorized in the proceedings authorizing debt under the
10    Short Term Borrowing Act, but transfers made under this
11    paragraph (5) shall not exceed the principal amount of debt
12    issued in anticipation of the receipt by the State of
13    moneys to be deposited into the Fund.
14        (6) For making transfers, at the direction of the
15    Director of the Governor's Office of Management and Budget
16    during each fiscal year beginning on or after July 1, 2011,
17    to other State funds in an annual amount of $20,000,000 of
18    the tax collected pursuant to this Article for the purpose
19    of enforcement of nursing home standards, support of the
20    ombudsman program, and efforts to expand home and
21    community-based services. No transfer under this paragraph
22    shall occur until (i) the payment methodologies created by
23    Public Act 96-1530 under Section 5-5.4 of this Code have
24    been approved by the Centers for Medicare and Medicaid
25    Services of the U.S. Department of Health and Human
26    Services and (ii) the assessment imposed by Section 5B-2 of

 

 

09700SB0769sam001- 21 -LRB097 04502 KTG 52678 a

1    this Code is determined to be a permissible tax under Title
2    XIX of the Social Security Act.
3    Disbursements from the Fund, other than transfers made
4pursuant to paragraphs (5) and (6) of this subsection, shall be
5by warrants drawn by the State Comptroller upon receipt of
6vouchers duly executed and certified by the Illinois
7Department.
8    (c) The Fund shall consist of the following:
9        (1) All moneys collected or received by the Illinois
10    Department from the long-term care provider assessment
11    imposed by this Article.
12        (2) All federal matching funds received by the Illinois
13    Department as a result of expenditures made by the Illinois
14    Department that are attributable to moneys deposited in the
15    Fund.
16        (3) Any interest or penalty levied in conjunction with
17    the administration of this Article.
18        (4) (Blank).
19        (5) All other monies received for the Fund from any
20    other source, including interest earned thereon.
21(Source: P.A. 95-707, eff. 1-11-08; 96-1530, eff. 2-16-11.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".