Full Text of SB0998 94th General Assembly
SB0998ham002 94TH GENERAL ASSEMBLY
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Rep. Gary Hannig
Filed: 5/30/2005
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| AMENDMENT TO SENATE BILL 998
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| AMENDMENT NO. ______. Amend Senate Bill 998, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 1. Short title. This Act may be cited as the | 6 |
| FY2006 Budget Implementation (Human Services) Act. | 7 |
| Section 5. Purpose. It is the purpose of this Act to | 8 |
| implement the Governor's FY2006 budget recommendations | 9 |
| concerning human services. | 10 |
| Section 10. The Illinois Administrative Procedure Act is | 11 |
| amended by changing Section 5-45 as follows:
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| (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
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| Sec. 5-45. Emergency rulemaking.
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| (a) "Emergency" means the existence of any situation that | 15 |
| any agency
finds reasonably constitutes a threat to the public | 16 |
| interest, safety, or
welfare.
| 17 |
| (b) If any agency finds that an
emergency exists that | 18 |
| requires adoption of a rule upon fewer days than
is required by | 19 |
| Section 5-40 and states in writing its reasons for that
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| finding, the agency may adopt an emergency rule without prior | 21 |
| notice or
hearing upon filing a notice of emergency rulemaking | 22 |
| with the Secretary of
State under Section 5-70. The notice |
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| shall include the text of the
emergency rule and shall be | 2 |
| published in the Illinois Register. Consent
orders or other | 3 |
| court orders adopting settlements negotiated by an agency
may | 4 |
| be adopted under this Section. Subject to applicable | 5 |
| constitutional or
statutory provisions, an emergency rule | 6 |
| becomes effective immediately upon
filing under Section 5-65 or | 7 |
| at a stated date less than 10 days
thereafter. The agency's | 8 |
| finding and a statement of the specific reasons
for the finding | 9 |
| shall be filed with the rule. The agency shall take
reasonable | 10 |
| and appropriate measures to make emergency rules known to the
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| persons who may be affected by them.
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| (c) An emergency rule may be effective for a period of not | 13 |
| longer than
150 days, but the agency's authority to adopt an | 14 |
| identical rule under Section
5-40 is not precluded. No | 15 |
| emergency rule may be adopted more
than once in any 24 month | 16 |
| period, except that this limitation on the number
of emergency | 17 |
| rules that may be adopted in a 24 month period does not apply
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| to (i) emergency rules that make additions to and deletions | 19 |
| from the Drug
Manual under Section 5-5.16 of the Illinois | 20 |
| Public Aid Code or the
generic drug formulary under Section | 21 |
| 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | 22 |
| emergency rules adopted by the Pollution Control
Board before | 23 |
| July 1, 1997 to implement portions of the Livestock Management
| 24 |
| Facilities Act , ; or (iii) emergency rules adopted by the | 25 |
| Illinois Department of Public Health under subsections (a) | 26 |
| through (i) of Section 2 of the Department of Public Health Act | 27 |
| when necessary to protect the public's health. Two or more | 28 |
| emergency rules having substantially the same
purpose and | 29 |
| effect shall be deemed to be a single rule for purposes of this
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| Section.
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| (d) In order to provide for the expeditious and timely | 32 |
| implementation
of the State's fiscal year 1999 budget, | 33 |
| emergency rules to implement any
provision of Public Act 90-587 | 34 |
| or 90-588
or any other budget initiative for fiscal year 1999 |
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| may be adopted in
accordance with this Section by the agency | 2 |
| charged with administering that
provision or initiative, | 3 |
| except that the 24-month limitation on the adoption
of | 4 |
| emergency rules and the provisions of Sections 5-115 and 5-125 | 5 |
| do not apply
to rules adopted under this subsection (d). The | 6 |
| adoption of emergency rules
authorized by this subsection (d) | 7 |
| shall be deemed to be necessary for the
public interest, | 8 |
| safety, and welfare.
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| (e) In order to provide for the expeditious and timely | 10 |
| implementation
of the State's fiscal year 2000 budget, | 11 |
| emergency rules to implement any
provision of this amendatory | 12 |
| Act of the 91st General Assembly
or any other budget initiative | 13 |
| for fiscal year 2000 may be adopted in
accordance with this | 14 |
| Section by the agency charged with administering that
provision | 15 |
| or initiative, except that the 24-month limitation on the | 16 |
| adoption
of emergency rules and the provisions of Sections | 17 |
| 5-115 and 5-125 do not apply
to rules adopted under this | 18 |
| subsection (e). The adoption of emergency rules
authorized by | 19 |
| this subsection (e) shall be deemed to be necessary for the
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| public interest, safety, and welfare.
| 21 |
| (f) In order to provide for the expeditious and timely | 22 |
| implementation
of the State's fiscal year 2001 budget, | 23 |
| emergency rules to implement any
provision of this amendatory | 24 |
| Act of the 91st General Assembly
or any other budget initiative | 25 |
| for fiscal year 2001 may be adopted in
accordance with this | 26 |
| Section by the agency charged with administering that
provision | 27 |
| or initiative, except that the 24-month limitation on the | 28 |
| adoption
of emergency rules and the provisions of Sections | 29 |
| 5-115 and 5-125 do not apply
to rules adopted under this | 30 |
| subsection (f). The adoption of emergency rules
authorized by | 31 |
| this subsection (f) shall be deemed to be necessary for the
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| public interest, safety, and welfare.
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| (g) In order to provide for the expeditious and timely | 34 |
| implementation
of the State's fiscal year 2002 budget, |
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| emergency rules to implement any
provision of this amendatory | 2 |
| Act of the 92nd General Assembly
or any other budget initiative | 3 |
| for fiscal year 2002 may be adopted in
accordance with this | 4 |
| Section by the agency charged with administering that
provision | 5 |
| or initiative, except that the 24-month limitation on the | 6 |
| adoption
of emergency rules and the provisions of Sections | 7 |
| 5-115 and 5-125 do not apply
to rules adopted under this | 8 |
| subsection (g). The adoption of emergency rules
authorized by | 9 |
| this subsection (g) shall be deemed to be necessary for the
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| public interest, safety, and welfare.
| 11 |
| (h) In order to provide for the expeditious and timely | 12 |
| implementation
of the State's fiscal year 2003 budget, | 13 |
| emergency rules to implement any
provision of this amendatory | 14 |
| Act of the 92nd General Assembly
or any other budget initiative | 15 |
| for fiscal year 2003 may be adopted in
accordance with this | 16 |
| Section by the agency charged with administering that
provision | 17 |
| or initiative, except that the 24-month limitation on the | 18 |
| adoption
of emergency rules and the provisions of Sections | 19 |
| 5-115 and 5-125 do not apply
to rules adopted under this | 20 |
| subsection (h). The adoption of emergency rules
authorized by | 21 |
| this subsection (h) shall be deemed to be necessary for the
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| public interest, safety, and welfare.
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| (i) In order to provide for the expeditious and timely | 24 |
| implementation
of the State's fiscal year 2004 budget, | 25 |
| emergency rules to implement any
provision of this amendatory | 26 |
| Act of the 93rd General Assembly
or any other budget initiative | 27 |
| for fiscal year 2004 may be adopted in
accordance with this | 28 |
| Section by the agency charged with administering that
provision | 29 |
| or initiative, except that the 24-month limitation on the | 30 |
| adoption
of emergency rules and the provisions of Sections | 31 |
| 5-115 and 5-125 do not apply
to rules adopted under this | 32 |
| subsection (i). The adoption of emergency rules
authorized by | 33 |
| this subsection (i) shall be deemed to be necessary for the
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| public interest, safety, and welfare.
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| (j) In order to provide for the expeditious and timely | 2 |
| implementation of the provisions of the State's fiscal year | 3 |
| 2005 budget as provided under the Fiscal Year 2005 Budget | 4 |
| Implementation (Human Services) Act, emergency rules to | 5 |
| implement any provision of the Fiscal Year 2005 Budget | 6 |
| Implementation (Human Services) Act may be adopted in | 7 |
| accordance with this Section by the agency charged with | 8 |
| administering that provision, except that the 24-month | 9 |
| limitation on the adoption of emergency rules and the | 10 |
| provisions of Sections 5-115 and 5-125 do not apply to rules | 11 |
| adopted under this subsection (j). The Department of Public Aid | 12 |
| may also adopt rules under this subsection (j) necessary to | 13 |
| administer the Illinois Public Aid Code and the Children's | 14 |
| Health Insurance Program Act. The adoption of emergency rules | 15 |
| authorized by this subsection (j) shall be deemed to be | 16 |
| necessary for the public interest, safety, and welfare.
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| (k) In order to provide for the expeditious and timely | 18 |
| implementation of the provisions of the State's fiscal year | 19 |
| 2006 budget, emergency rules to implement any provision of this | 20 |
| amendatory Act of the 94th General Assembly or any other budget | 21 |
| initiative for fiscal year 2006 may be adopted in accordance | 22 |
| with this Section by the agency charged with administering that | 23 |
| provision or initiative, except that the 24-month limitation on | 24 |
| the adoption of emergency rules and the provisions of Sections | 25 |
| 5-115 and 5-125 do not apply to rules adopted under this | 26 |
| subsection (k). The Department of Public Aid may also adopt | 27 |
| rules under this subsection (k) necessary to administer the | 28 |
| Illinois Public Aid Code, the Senior Citizens and Disabled | 29 |
| Persons Property Tax Relief and Pharmaceutical Assistance Act, | 30 |
| the Senior Citizens and Disabled Persons Prescription Drug | 31 |
| Discount Program Act, and the Children's Health Insurance | 32 |
| Program Act. The adoption of emergency rules authorized by this | 33 |
| subsection (k) shall be deemed to be necessary for the public | 34 |
| interest, safety, and welfare.
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| (Source: P.A. 92-10, eff. 6-11-01; 92-597, eff. 6-28-02; 93-20, | 2 |
| eff. 6-20-03; 93-829, eff. 7-28-04; 93-841, eff. 7-30-04; | 3 |
| revised 10-25-04.)
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| Section 12. The Illinois Act on the Aging is amended by | 5 |
| changing Section 4.02 as follows:
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| (20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
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| Sec. 4.02. The Department shall establish a program of | 8 |
| services to
prevent unnecessary institutionalization of | 9 |
| persons age 60 and older in
need of long term care or who are | 10 |
| established as persons who suffer from
Alzheimer's disease or a | 11 |
| related disorder under the Alzheimer's Disease
Assistance Act, | 12 |
| thereby enabling them
to remain in their own homes or in other | 13 |
| living arrangements. Such
preventive services, which may be | 14 |
| coordinated with other programs for the
aged and monitored by | 15 |
| area agencies on aging in cooperation with the
Department, may | 16 |
| include, but are not limited to, any or all of the following:
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| (a) home health services;
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| (b) home nursing services;
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| (c) homemaker services;
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| (d) chore and housekeeping services;
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| (e) day care services;
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| (f) home-delivered meals;
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| (g) education in self-care;
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| (h) personal care services;
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| (i) adult day health services;
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| (j) habilitation services;
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| (k) respite care;
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| (k-5) community reintegration services;
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| (l) other nonmedical social services that may enable | 30 |
| the person
to become self-supporting; or
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| (m) clearinghouse for information provided by senior | 32 |
| citizen home owners
who want to rent rooms to or share |
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| living space with other senior citizens.
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| The Department shall establish eligibility standards for | 3 |
| such
services taking into consideration the unique economic and | 4 |
| social needs
of the target population for whom they are to be | 5 |
| provided. Such eligibility
standards shall be based on the | 6 |
| recipient's ability to pay for services;
provided, however, | 7 |
| that in determining the amount and nature of services
for which | 8 |
| a person may qualify, consideration shall not be given to the
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| value of cash, property or other assets held in the name of the | 10 |
| person's
spouse pursuant to a written agreement dividing | 11 |
| marital property into equal
but separate shares or pursuant to | 12 |
| a transfer of the person's interest in a
home to his spouse, | 13 |
| provided that the spouse's share of the marital
property is not | 14 |
| made available to the person seeking such services.
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| Beginning July 1, 2002, the Department shall require as a | 16 |
| condition of
eligibility that all financially eligible | 17 |
| applicants and recipients apply
for medical assistance
under | 18 |
| Article V of the Illinois Public Aid Code in accordance with | 19 |
| rules
promulgated by the Department.
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| The Department shall, in conjunction with the Department of | 21 |
| Public Aid,
seek appropriate amendments under Sections 1915 and | 22 |
| 1924 of the Social
Security Act. The purpose of the amendments | 23 |
| shall be to extend eligibility
for home and community based | 24 |
| services under Sections 1915 and 1924 of the
Social Security | 25 |
| Act to persons who transfer to or for the benefit of a
spouse | 26 |
| those amounts of income and resources allowed under Section | 27 |
| 1924 of
the Social Security Act. Subject to the approval of | 28 |
| such amendments, the
Department shall extend the provisions of | 29 |
| Section 5-4 of the Illinois
Public Aid Code to persons who, but | 30 |
| for the provision of home or
community-based services, would | 31 |
| require the level of care provided in an
institution, as is | 32 |
| provided for in federal law. Those persons no longer
found to | 33 |
| be eligible for receiving noninstitutional services due to | 34 |
| changes
in the eligibility criteria shall be given 60 days |
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| notice prior to actual
termination. Those persons receiving | 2 |
| notice of termination may contact the
Department and request | 3 |
| the determination be appealed at any time during the
60 day | 4 |
| notice period. With the exception of the lengthened notice and | 5 |
| time
frame for the appeal request, the appeal process shall | 6 |
| follow the normal
procedure. In addition, each person affected | 7 |
| regardless of the
circumstances for discontinued eligibility | 8 |
| shall be given notice and the
opportunity to purchase the | 9 |
| necessary services through the Community Care
Program. If the | 10 |
| individual does not elect to purchase services, the
Department | 11 |
| shall advise the individual of alternative services. The target
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| population identified for the purposes of this Section are | 13 |
| persons age 60
and older with an identified service need. | 14 |
| Priority shall be given to those
who are at imminent risk of | 15 |
| institutionalization. The services shall be
provided to | 16 |
| eligible persons age 60 and older to the extent that the cost
| 17 |
| of the services together with the other personal maintenance
| 18 |
| expenses of the persons are reasonably related to the standards
| 19 |
| established for care in a group facility appropriate to the | 20 |
| person's
condition. These non-institutional services, pilot | 21 |
| projects or
experimental facilities may be provided as part of | 22 |
| or in addition to
those authorized by federal law or those | 23 |
| funded and administered by the
Department of Human Services. | 24 |
| The Departments of Human Services, Public Aid,
Public Health, | 25 |
| Veterans' Affairs, and Commerce and Economic Opportunity and
| 26 |
| other appropriate agencies of State, federal and local | 27 |
| governments shall
cooperate with the Department on Aging in the | 28 |
| establishment and development
of the non-institutional | 29 |
| services. The Department shall require an annual
audit from all | 30 |
| chore/housekeeping and homemaker vendors contracting with
the | 31 |
| Department under this Section. The annual audit shall assure | 32 |
| that each
audited vendor's procedures are in compliance with | 33 |
| Department's financial
reporting guidelines requiring an | 34 |
| administrative and employee wage and benefits cost split as |
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| defined in administrative rules
a 27% administrative cost split | 2 |
| and a 73%
employee wages and benefits cost split . The audit is | 3 |
| a public record under
the Freedom of Information Act. The | 4 |
| Department shall execute, relative to
the nursing home | 5 |
| prescreening project, written inter-agency
agreements with the | 6 |
| Department of Human Services and the Department
of Public Aid, | 7 |
| to effect the following: (1) intake procedures and common
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| eligibility criteria for those persons who are receiving | 9 |
| non-institutional
services; and (2) the establishment and | 10 |
| development of non-institutional
services in areas of the State | 11 |
| where they are not currently available or are
undeveloped. On | 12 |
| and after July 1, 1996, all nursing home prescreenings for
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| individuals 60 years of age or older shall be conducted by the | 14 |
| Department.
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| The Department is authorized to establish a system of | 16 |
| recipient copayment
for services provided under this Section, | 17 |
| such copayment to be based upon
the recipient's ability to pay | 18 |
| but in no case to exceed the actual cost of
the services | 19 |
| provided. Additionally, any portion of a person's income which
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| is equal to or less than the federal poverty standard shall not | 21 |
| be
considered by the Department in determining the copayment. | 22 |
| The level of
such copayment shall be adjusted whenever | 23 |
| necessary to reflect any change
in the officially designated | 24 |
| federal poverty standard.
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| The Department, or the Department's authorized | 26 |
| representative, shall
recover the amount of moneys expended for | 27 |
| services provided to or in
behalf of a person under this | 28 |
| Section by a claim against the person's
estate or against the | 29 |
| estate of the person's surviving spouse, but no
recovery may be | 30 |
| had until after the death of the surviving spouse, if
any, and | 31 |
| then only at such time when there is no surviving child who
is | 32 |
| under age 21, blind, or permanently and totally disabled. This
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| paragraph, however, shall not bar recovery, at the death of the | 34 |
| person, of
moneys for services provided to the person or in |
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| behalf of the person under
this Section to which the person was | 2 |
| not entitled;
provided that such recovery shall not be enforced | 3 |
| against any real estate while
it is occupied as a homestead by | 4 |
| the surviving spouse or other dependent, if no
claims by other | 5 |
| creditors have been filed against the estate, or, if such
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| claims have been filed, they remain dormant for failure of | 7 |
| prosecution or
failure of the claimant to compel administration | 8 |
| of the estate for the purpose
of payment. This paragraph shall | 9 |
| not bar recovery from the estate of a spouse,
under Sections | 10 |
| 1915 and 1924 of the Social Security Act and Section 5-4 of the
| 11 |
| Illinois Public Aid Code, who precedes a person receiving | 12 |
| services under this
Section in death. All moneys for services
| 13 |
| paid to or in behalf of the person under this Section shall be | 14 |
| claimed for
recovery from the deceased spouse's estate. | 15 |
| "Homestead", as used
in this paragraph, means the dwelling | 16 |
| house and
contiguous real estate occupied by a surviving spouse
| 17 |
| or relative, as defined by the rules and regulations of the | 18 |
| Illinois Department
of Public Aid, regardless of the value of | 19 |
| the property.
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| The Department shall develop procedures to enhance | 21 |
| availability of
services on evenings, weekends, and on an | 22 |
| emergency basis to meet the
respite needs of caregivers. | 23 |
| Procedures shall be developed to permit the
utilization of | 24 |
| services in successive blocks of 24 hours up to the monthly
| 25 |
| maximum established by the Department. Workers providing these | 26 |
| services
shall be appropriately trained.
| 27 |
| Beginning on the effective date of this Amendatory Act of | 28 |
| 1991, no person
may perform chore/housekeeping and homemaker | 29 |
| services under a program
authorized by this Section unless that | 30 |
| person has been issued a certificate
of pre-service to do so by | 31 |
| his or her employing agency. Information
gathered to effect | 32 |
| such certification shall include (i) the person's name,
(ii) | 33 |
| the date the person was hired by his or her current employer, | 34 |
| and
(iii) the training, including dates and levels. Persons |
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| engaged in the
program authorized by this Section before the | 2 |
| effective date of this
amendatory Act of 1991 shall be issued a | 3 |
| certificate of all pre- and
in-service training from his or her | 4 |
| employer upon submitting the necessary
information. The | 5 |
| employing agency shall be required to retain records of
all | 6 |
| staff pre- and in-service training, and shall provide such | 7 |
| records to
the Department upon request and upon termination of | 8 |
| the employer's contract
with the Department. In addition, the | 9 |
| employing agency is responsible for
the issuance of | 10 |
| certifications of in-service training completed to their
| 11 |
| employees.
| 12 |
| The Department is required to develop a system to ensure | 13 |
| that persons
working as homemakers and chore housekeepers | 14 |
| receive increases in their
wages when the federal minimum wage | 15 |
| is increased by requiring vendors to
certify that they are | 16 |
| meeting the federal minimum wage statute for homemakers
and | 17 |
| chore housekeepers. An employer that cannot ensure that the | 18 |
| minimum
wage increase is being given to homemakers and chore | 19 |
| housekeepers
shall be denied any increase in reimbursement | 20 |
| costs.
| 21 |
| The Department on Aging and the Department of Human | 22 |
| Services
shall cooperate in the development and submission of | 23 |
| an annual report on
programs and services provided under this | 24 |
| Section. Such joint report
shall be filed with the Governor and | 25 |
| the General Assembly on or before
September 30 each year.
| 26 |
| The requirement for reporting to the General Assembly shall | 27 |
| be satisfied
by filing copies of the report with the Speaker, | 28 |
| the Minority Leader and
the Clerk of the House of | 29 |
| Representatives and the President, the Minority
Leader and the | 30 |
| Secretary of the Senate and the Legislative Research Unit,
as | 31 |
| required by Section 3.1 of the General Assembly Organization | 32 |
| Act and
filing such additional copies with the State Government | 33 |
| Report Distribution
Center for the General Assembly as is | 34 |
| required under paragraph (t) of
Section 7 of the State Library |
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| Act.
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| Those persons previously found eligible for receiving | 3 |
| non-institutional
services whose services were discontinued | 4 |
| under the Emergency Budget Act of
Fiscal Year 1992, and who do | 5 |
| not meet the eligibility standards in effect
on or after July | 6 |
| 1, 1992, shall remain ineligible on and after July 1,
1992. | 7 |
| Those persons previously not required to cost-share and who | 8 |
| were
required to cost-share effective March 1, 1992, shall | 9 |
| continue to meet
cost-share requirements on and after July 1, | 10 |
| 1992. Beginning July 1, 1992,
all clients will be required to | 11 |
| meet
eligibility, cost-share, and other requirements and will | 12 |
| have services
discontinued or altered when they fail to meet | 13 |
| these requirements.
| 14 |
| (Source: P.A. 92-597, eff. 6-28-02; 93-85, eff. 1-1-04; 93-902, | 15 |
| eff. 8-10-04.)
| 16 |
| Section 15. The Children's Health Insurance Program Act is | 17 |
| amended by changing Section 30 as follows:
| 18 |
| (215 ILCS 106/30)
| 19 |
| Sec. 30. Cost sharing.
| 20 |
| (a) Children enrolled in a health benefits program pursuant | 21 |
| to subdivision
(a)(2) of Section 25 and persons enrolled in a | 22 |
| health benefits waiver program pursuant to Section 40 shall be | 23 |
| subject to the following cost sharing
requirements:
| 24 |
| (1) There shall be no co-payment required for well-baby | 25 |
| or well-child
care, including age-appropriate | 26 |
| immunizations as required under
federal law.
| 27 |
| (2) Health insurance premiums for family members, | 28 |
| either children or adults, in families whose household
| 29 |
| income is above 150% of the federal poverty level shall be | 30 |
| payable
monthly, subject to rules promulgated by the | 31 |
| Department for grace periods and
advance payments, and | 32 |
| shall be as follows:
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| (A) $15 per month for one family member
child .
| 2 |
| (B) $25 per month for 2 family members
children .
| 3 |
| (C) $30 per month for 3 family members
or more | 4 |
| children . | 5 |
| (D) $35 per month for 4 family members. | 6 |
| (E) $40 per month for 5 or more family members.
| 7 |
| (3) Co-payments for children or adults in families | 8 |
| whose income is at or below
150% of the federal poverty | 9 |
| level, at a minimum and to the extent permitted
under | 10 |
| federal law, shall be $2 for all medical visits and | 11 |
| prescriptions
provided under this Act.
| 12 |
| (4) Co-payments for children or adults in families | 13 |
| whose income is above 150%
of the federal poverty level, at | 14 |
| a minimum and to the extent permitted under
federal law | 15 |
| shall be as follows:
| 16 |
| (A) $5 for medical visits.
| 17 |
| (B) $3 for generic prescriptions and $5 for brand | 18 |
| name
prescriptions.
| 19 |
| (C) $25 for emergency room use for a non-emergency
| 20 |
| situation as defined by the Department by rule.
| 21 |
| (5) The maximum amount of out-of-pocket expenses for | 22 |
| co-payments shall be
$100 per family per year.
| 23 |
| (b) Individuals enrolled in a privately sponsored health | 24 |
| insurance plan
pursuant to subdivision (a)(1) of Section 25 | 25 |
| shall be subject to the cost
sharing provisions as stated in | 26 |
| the privately sponsored health insurance plan.
| 27 |
| (Source: P.A. 90-736, eff. 8-12-98; 91-266, eff. 7-23-99 .)
| 28 |
| Section 20. The Illinois Public Aid Code is amended by | 29 |
| changing Sections 5-5.4, 5-5.12, and 12-4.35 as follows: | 30 |
| (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
| 31 |
| Sec. 5-5.4. Standards of Payment - Department of Public | 32 |
| Aid.
The Department of Public Aid shall develop standards of |
|
|
|
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| 1 |
| payment of skilled
nursing and intermediate care services in | 2 |
| facilities providing such services
under this Article which:
| 3 |
| (1) Provide for the determination of a facility's payment
| 4 |
| for skilled nursing and intermediate care services on a | 5 |
| prospective basis.
The amount of the payment rate for all | 6 |
| nursing facilities certified by the
Department of Public Health | 7 |
| under the Nursing Home Care Act as Intermediate
Care for the | 8 |
| Developmentally Disabled facilities, Long Term Care for Under | 9 |
| Age
22 facilities, Skilled Nursing facilities, or Intermediate | 10 |
| Care facilities
under the
medical assistance program shall be | 11 |
| prospectively established annually on the
basis of historical, | 12 |
| financial, and statistical data reflecting actual costs
from | 13 |
| prior years, which shall be applied to the current rate year | 14 |
| and updated
for inflation, except that the capital cost element | 15 |
| for newly constructed
facilities shall be based upon projected | 16 |
| budgets. The annually established
payment rate shall take | 17 |
| effect on July 1 in 1984 and subsequent years. No rate
increase | 18 |
| and no
update for inflation shall be provided on or after July | 19 |
| 1, 1994 and before
July 1, 2006
2005 , unless specifically | 20 |
| provided for in this
Section.
The changes made by this | 21 |
| amendatory Act of the 93rd General Assembly extending the | 22 |
| duration of the prohibition against a rate increase or update | 23 |
| for inflation are effective retroactive to July 1, 2004.
| 24 |
| For facilities licensed by the Department of Public Health | 25 |
| under the Nursing
Home Care Act as Intermediate Care for the | 26 |
| Developmentally Disabled facilities
or Long Term Care for Under | 27 |
| Age 22 facilities, the rates taking effect on July
1, 1998 | 28 |
| shall include an increase of 3%. For facilities licensed by the
| 29 |
| Department of Public Health under the Nursing Home Care Act as | 30 |
| Skilled Nursing
facilities or Intermediate Care facilities, | 31 |
| the rates taking effect on July 1,
1998 shall include an | 32 |
| increase of 3% plus $1.10 per resident-day, as defined by
the | 33 |
| Department.
| 34 |
| For facilities licensed by the Department of Public Health |
|
|
|
09400SB0998ham002 |
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| 1 |
| under the
Nursing Home Care Act as Intermediate Care for the | 2 |
| Developmentally Disabled
facilities or Long Term Care for Under | 3 |
| Age 22 facilities, the rates taking
effect on July 1, 1999 | 4 |
| shall include an increase of 1.6% plus $3.00 per
resident-day, | 5 |
| as defined by the Department. For facilities licensed by the
| 6 |
| Department of Public Health under the Nursing Home Care Act as | 7 |
| Skilled Nursing
facilities or Intermediate Care facilities, | 8 |
| the rates taking effect on July 1,
1999 shall include an | 9 |
| increase of 1.6% and, for services provided on or after
October | 10 |
| 1, 1999, shall be increased by $4.00 per resident-day, as | 11 |
| defined by
the Department.
| 12 |
| For facilities licensed by the Department of Public Health | 13 |
| under the
Nursing Home Care Act as Intermediate Care for the | 14 |
| Developmentally Disabled
facilities or Long Term Care for Under | 15 |
| Age 22 facilities, the rates taking
effect on July 1, 2000 | 16 |
| shall include an increase of 2.5% per resident-day,
as defined | 17 |
| by the Department. For facilities licensed by the Department of
| 18 |
| Public Health under the Nursing Home Care Act as Skilled | 19 |
| Nursing facilities or
Intermediate Care facilities, the rates | 20 |
| taking effect on July 1, 2000 shall
include an increase of 2.5% | 21 |
| per resident-day, as defined by the 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 must | 25 |
| be implemented for the nursing
component of the rate effective | 26 |
| July 1, 2003. The Department of Public Aid
shall develop the | 27 |
| new payment methodology using the Minimum Data Set
(MDS) as the | 28 |
| instrument to collect information concerning nursing home
| 29 |
| resident condition necessary to compute the rate. The | 30 |
| Department of Public Aid
shall develop the new payment | 31 |
| methodology to meet the unique needs of
Illinois nursing home | 32 |
| residents while remaining subject to the appropriations
| 33 |
| provided by the General Assembly.
A transition period from the | 34 |
| payment methodology in effect on June 30, 2003
to the payment |
|
|
|
09400SB0998ham002 |
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| 1 |
| methodology in effect on July 1, 2003 shall be provided for a
| 2 |
| period not exceeding 2 years after implementation of the new | 3 |
| payment
methodology as follows:
| 4 |
| (A) For a facility that would receive a lower
nursing | 5 |
| component rate per patient day under the new system than | 6 |
| the facility
received
effective on the date immediately | 7 |
| preceding the date that the Department
implements the new | 8 |
| payment methodology, the nursing component rate per | 9 |
| patient
day for the facility
shall be held at
the level in | 10 |
| effect on the date immediately preceding the date that the
| 11 |
| Department implements the new payment methodology until a | 12 |
| higher nursing
component rate of
reimbursement is achieved | 13 |
| by that
facility.
| 14 |
| (B) For a facility that would receive a higher nursing | 15 |
| component rate per
patient day under the payment | 16 |
| methodology in effect on July 1, 2003 than the
facility | 17 |
| received effective on the date immediately preceding the | 18 |
| date that the
Department implements the new payment | 19 |
| methodology, the nursing component rate
per patient day for | 20 |
| the facility shall be adjusted.
| 21 |
| (C) Notwithstanding paragraphs (A) and (B), the | 22 |
| nursing component rate per
patient day for the facility | 23 |
| shall be adjusted subject to appropriations
provided by the | 24 |
| General Assembly.
| 25 |
| For facilities licensed by the Department of Public Health | 26 |
| under the
Nursing Home Care Act as Intermediate Care for the | 27 |
| Developmentally Disabled
facilities or Long Term Care for Under | 28 |
| Age 22 facilities, the rates taking
effect on March 1, 2001 | 29 |
| shall include a statewide increase of 7.85%, as
defined by the | 30 |
| Department.
| 31 |
| For facilities licensed by the Department of Public Health | 32 |
| under the
Nursing Home Care Act as Intermediate Care for the | 33 |
| Developmentally Disabled
facilities or Long Term Care for Under | 34 |
| Age 22 facilities, the rates taking
effect on April 1, 2002 |
|
|
|
09400SB0998ham002 |
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| 1 |
| shall include a statewide increase of 2.0%, as
defined by the | 2 |
| Department.
This increase terminates on July 1, 2002;
beginning | 3 |
| July 1, 2002 these rates are reduced to the level of the rates
| 4 |
| in effect on March 31, 2002, as defined by the Department.
| 5 |
| For facilities licensed by the Department of Public Health | 6 |
| under the
Nursing Home Care Act as skilled nursing facilities | 7 |
| or intermediate care
facilities, the rates taking effect on | 8 |
| July 1, 2001 shall be computed using the most recent cost | 9 |
| reports
on file with the Department of Public Aid no later than | 10 |
| April 1, 2000,
updated for inflation to January 1, 2001. For | 11 |
| rates effective July 1, 2001
only, rates shall be the greater | 12 |
| of the rate computed for July 1, 2001
or the rate effective on | 13 |
| June 30, 2001.
| 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, the Illinois
Department shall | 18 |
| determine by rule the rates taking effect on July 1, 2002,
| 19 |
| which shall be 5.9% less than the rates in effect on June 30, | 20 |
| 2002.
| 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, if the payment methodologies | 25 |
| required under Section 5A-12 and the waiver granted under 42 | 26 |
| CFR 433.68 are approved by the United States Centers for | 27 |
| Medicare and Medicaid Services, the rates taking effect on July | 28 |
| 1, 2004 shall be 3.0% greater than the rates in effect on June | 29 |
| 30, 2004. These rates shall take
effect only upon approval and
| 30 |
| implementation of the payment methodologies required under | 31 |
| Section 5A-12.
| 32 |
| Notwithstanding any other provisions of this Section, for | 33 |
| facilities licensed by the Department of Public Health under | 34 |
| the Nursing Home Care Act as skilled nursing facilities or |
|
|
|
09400SB0998ham002 |
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| 1 |
| intermediate care facilities, the rates taking effect on | 2 |
| January 1, 2005 shall be 3% more than the rates in effect on | 3 |
| December 31, 2004.
| 4 |
| For facilities
licensed
by the
Department of Public Health | 5 |
| under the Nursing Home Care Act as Intermediate
Care for
the | 6 |
| Developmentally Disabled facilities or as long-term care | 7 |
| facilities for
residents under 22 years of age, the rates | 8 |
| taking effect on July 1,
2003 shall
include a statewide | 9 |
| increase of 4%, as defined by the Department.
| 10 |
| Notwithstanding any other provision of this Section, for | 11 |
| facilities licensed by the Department of Public Health under | 12 |
| the Nursing Home Care Act as skilled nursing facilities or | 13 |
| intermediate care facilities, effective January 1, 2005, | 14 |
| facility rates shall be increased by the difference between (i) | 15 |
| a facility's per diem property, liability, and malpractice | 16 |
| insurance costs as reported in the cost report filed with the | 17 |
| Department of Public Aid and used to establish rates effective | 18 |
| July 1, 2001 and (ii) those same costs as reported in the | 19 |
| facility's 2002 cost report. These costs shall be passed | 20 |
| through to the facility without caps or limitations, except for | 21 |
| adjustments required under normal auditing procedures.
| 22 |
| Rates established effective each July 1 shall govern | 23 |
| payment
for services rendered throughout that fiscal year, | 24 |
| except that rates
established on July 1, 1996 shall be | 25 |
| increased by 6.8% for services
provided on or after January 1, | 26 |
| 1997. Such rates will be based
upon the rates calculated for | 27 |
| the year beginning July 1, 1990, and for
subsequent years | 28 |
| thereafter until June 30, 2001 shall be based on the
facility | 29 |
| cost reports
for the facility fiscal year ending at any point | 30 |
| in time during the previous
calendar year, updated to the | 31 |
| midpoint of the rate year. The cost report
shall be on file | 32 |
| with the Department no later than April 1 of the current
rate | 33 |
| year. Should the cost report not be on file by April 1, the | 34 |
| Department
shall base the rate on the latest cost report filed |
|
|
|
09400SB0998ham002 |
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|
| 1 |
| by each skilled care
facility and intermediate care facility, | 2 |
| updated to the midpoint of the
current rate year. In | 3 |
| determining rates for services rendered on and after
July 1, | 4 |
| 1985, fixed time shall not be computed at less than zero. The
| 5 |
| Department shall not make any alterations of regulations which | 6 |
| would reduce
any component of the Medicaid rate to a level | 7 |
| below what that component would
have been utilizing in the rate | 8 |
| effective on July 1, 1984.
| 9 |
| (2) Shall take into account the actual costs incurred by | 10 |
| facilities
in providing services for recipients of skilled | 11 |
| nursing and intermediate
care services under the medical | 12 |
| assistance program.
| 13 |
| (3) Shall take into account the medical and psycho-social
| 14 |
| characteristics and needs of the patients.
| 15 |
| (4) Shall take into account the actual costs incurred by | 16 |
| facilities in
meeting licensing and certification standards | 17 |
| imposed and prescribed by the
State of Illinois, any of its | 18 |
| political subdivisions or municipalities and by
the U.S. | 19 |
| Department of Health and Human Services pursuant to Title XIX | 20 |
| of the
Social Security Act.
| 21 |
| The Department of Public Aid shall develop precise | 22 |
| standards for
payments to reimburse nursing facilities for any | 23 |
| utilization of
appropriate rehabilitative personnel for the | 24 |
| provision of rehabilitative
services which is authorized by | 25 |
| federal regulations, including
reimbursement for services | 26 |
| provided by qualified therapists or qualified
assistants, and | 27 |
| which is in accordance with accepted professional
practices. | 28 |
| Reimbursement also may be made for utilization of other
| 29 |
| supportive personnel under appropriate supervision.
| 30 |
| (Source: P.A. 92-10, eff. 6-11-01; 92-31, eff. 6-28-01; 92-597, | 31 |
| eff. 6-28-02; 92-651, eff. 7-11-02; 92-848, eff. 1-1-03; 93-20, | 32 |
| eff. 6-20-03; 93-649, eff. 1-8-04; 93-659, eff. 2-3-04; 93-841, | 33 |
| eff. 7-30-04; 93-1087, eff. 2-28-05.)
|
|
|
|
09400SB0998ham002 |
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|
| 1 |
| (305 ILCS 5/5-5.12) (from Ch. 23, par. 5-5.12)
| 2 |
| Sec. 5-5.12. Pharmacy payments.
| 3 |
| (a) Every request submitted by a pharmacy for reimbursement | 4 |
| under this
Article for prescription drugs provided to a | 5 |
| recipient of aid under this
Article shall include the name of | 6 |
| the prescriber or an acceptable
identification number as | 7 |
| established by the Department.
| 8 |
| (b) Pharmacies providing prescription drugs under
this | 9 |
| Article shall be reimbursed at a rate which shall include
a | 10 |
| professional dispensing fee as determined by the Illinois
| 11 |
| Department, plus the current acquisition cost of the | 12 |
| prescription
drug dispensed. The Illinois Department shall | 13 |
| update its
information on the acquisition costs of all | 14 |
| prescription drugs
no less frequently than every 30 days. | 15 |
| However, the Illinois
Department may set the rate of | 16 |
| reimbursement for the acquisition
cost, by rule, at a | 17 |
| percentage of the current average wholesale
acquisition cost.
| 18 |
| (c) (Blank).
Reimbursement under this Article for | 19 |
| prescription drugs shall be
limited to reimbursement for 4 | 20 |
| brand-name prescription drugs per patient per
month. This | 21 |
| subsection applies only if (i) the brand-name drug was not
| 22 |
| prescribed for an acute or urgent condition, (ii) the | 23 |
| brand-name drug was not
prescribed for Alzheimer's disease, | 24 |
| arthritis, diabetes, HIV/AIDS, a mental
health condition, or | 25 |
| respiratory disease, and (iii) a therapeutically
equivalent | 26 |
| generic medication has been approved by the federal Food and | 27 |
| Drug
Administration.
| 28 |
| (d) The Department shall not impose requirements for prior | 29 |
| approval
based on a preferred drug list for anti-retroviral, | 30 |
| anti-hemophilic factor
concentrates,
or
any atypical | 31 |
| antipsychotics, conventional antipsychotics,
or | 32 |
| anticonvulsants used for the treatment of serious mental
| 33 |
| illnesses
until 30 days after it has conducted a study of the | 34 |
| impact of such
requirements on patient care and submitted a |
|
|
|
09400SB0998ham002 |
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LRB094 04681 WGH 47436 a |
|
| 1 |
| report to the Speaker of the
House of Representatives and the | 2 |
| President of the Senate.
| 3 |
| (Source: P.A. 92-597, eff. 6-28-02; 92-825, eff. 8-21-02; | 4 |
| 93-106, eff.
7-8-03.)
| 5 |
| (305 ILCS 5/12-4.35)
| 6 |
| Sec. 12-4.35. Medical services for certain noncitizens.
| 7 |
| (a) Notwithstanding
Subject to specific appropriation for | 8 |
| this purpose, and notwithstanding
Section 1-11 of this Code or | 9 |
| Section 20(a) of the Children's Health Insurance
Program Act, | 10 |
| the Department of Public Aid may provide medical services to
| 11 |
| noncitizens who have not yet attained 19 years of age and who | 12 |
| are not eligible
for medical assistance under Article V of this | 13 |
| Code or under the Children's
Health Insurance Program created | 14 |
| by the Children's Health Insurance Program Act
due to their not | 15 |
| meeting the otherwise applicable provisions of Section 1-11
of | 16 |
| this Code or Section 20(a) of the Children's Health Insurance | 17 |
| Program Act.
The medical services available, standards for | 18 |
| eligibility, and other conditions
of participation under this | 19 |
| Section shall be established by rule by the
Department; | 20 |
| however, any such rule shall be at least as restrictive as the
| 21 |
| rules for medical assistance under Article V of this Code or | 22 |
| the Children's
Health Insurance Program created by the | 23 |
| Children's Health Insurance Program
Act.
| 24 |
| (b) The Department is authorized to take any action, | 25 |
| including without
limitation cessation of enrollment, | 26 |
| reduction of available medical services,
and changing | 27 |
| standards for eligibility, that is deemed necessary by the
| 28 |
| Department during a State fiscal year to assure that payments | 29 |
| under this
Section do not exceed available funds
the amounts | 30 |
| appropriated for this purpose .
| 31 |
| (c) Continued
In the event that the appropriation in any | 32 |
| fiscal year for the
Children's Health Insurance Program created | 33 |
| by the Children's Health Insurance
Program Act is determined by |
|
|
|
09400SB0998ham002 |
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|
| 1 |
| the Department to be insufficient to continue
enrollment of | 2 |
| otherwise eligible children under that Program during that | 3 |
| fiscal
year, the Department is authorized to use funds | 4 |
| appropriated for the purposes
of this Section to fund that | 5 |
| Program and to take any other action necessary to
continue the | 6 |
| operation of that Program. Furthermore, continued enrollment | 7 |
| of
individuals into the program created under this Section in | 8 |
| any fiscal year is
contingent upon continued enrollment of | 9 |
| individuals into the Children's Health
Insurance Program | 10 |
| during that fiscal year.
| 11 |
| (d) (Blank).
The General Assembly finds that the adoption | 12 |
| of rules to meet the
purposes of subsections (a), (b), and (c) | 13 |
| is an emergency and necessary for
the public interest, safety, | 14 |
| and welfare. The Department may adopt such rules
through the | 15 |
| use of emergency rulemaking in accordance with Section 5-45 of | 16 |
| the
Illinois Administrative Procedure Act, except that the | 17 |
| limitation on the number
of emergency rules that may be adopted | 18 |
| in a 24-month period shall not apply.
| 19 |
| (Source: P.A. 90-588, eff. 7-1-98.)
| 20 |
| Section 25. The All-Inclusive Care for the Elderly Act is | 21 |
| amended by changing Sections 10 and 15 as follows:
| 22 |
| (320 ILCS 40/10) (from Ch. 23, par. 6910)
| 23 |
| Sec. 10. Services for eligible persons. Within the context | 24 |
| of the
PACE program established under this Act, the Illinois | 25 |
| Department of Public
Aid may include any or all of the services | 26 |
| in Article 5 of the Illinois
Public Aid Code.
| 27 |
| An eligible person may elect to receive services from the | 28 |
| PACE program.
If such an election is made, the eligible person | 29 |
| shall not remain eligible
for payment through the regular | 30 |
| Medicare or Medicaid program. All services
and programs | 31 |
| provided through the PACE program shall be provided in
| 32 |
| accordance with this Act. An eligible person may elect to |
|
|
|
09400SB0998ham002 |
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|
| 1 |
| disenroll from
the PACE program at any time.
| 2 |
| For purposes of this Act, "eligible person" means a frail | 3 |
| elderly
individual who voluntarily enrolls in the PACE program, | 4 |
| whose income and
resources do not exceed limits established by | 5 |
| the Illinois Department of
Public Aid and for whom a licensed | 6 |
| physician certifies that such a program
provides an appropriate | 7 |
| alternative to institutionalized care. The term
"frail | 8 |
| elderly" means an individual who meets the age and functional | 9 |
| eligibility
requirements , as established by the Illinois | 10 |
| Department of Public Aid and
the Department on Aging for | 11 |
| nursing home care, and who is 65 years of age
or older .
| 12 |
| (Source: P.A. 87-411.)
| 13 |
| (320 ILCS 40/15) (from Ch. 23, par. 6915)
| 14 |
| Sec. 15. Program implementation.
| 15 |
| (a) Upon receipt of federal approval
waivers , the Illinois | 16 |
| Department of Public
Aid shall implement the PACE program | 17 |
| pursuant to the provisions of the approved Title XIX State plan
| 18 |
| as a demonstration program to provide
the services set forth in | 19 |
| Section 10 to eligible persons, as defined in
Section 10, for a | 20 |
| period of 3 years. After the 3 year demonstration, the
General | 21 |
| Assembly shall reexamine the PACE program and determine if the
| 22 |
| program should be implemented on a permanent basis .
| 23 |
| (b) Using a risk-based financing model, the nonprofit | 24 |
| organization providing
the PACE program shall assume | 25 |
| responsibility for all costs generated by
the PACE program | 26 |
| participants, and it shall create and maintain a risk
reserve | 27 |
| fund that will cover any cost overages for any participant. The
| 28 |
| PACE program is responsible for the entire range of services in | 29 |
| the
consolidated service model, including hospital and nursing | 30 |
| home care,
according to participant need as determined by a | 31 |
| multidisciplinary team.
The nonprofit organization providing | 32 |
| the PACE program is responsible for
the full financial risk at | 33 |
| the conclusion of the demonstration period
and when permanent |
|
|
|
09400SB0998ham002 |
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| 1 |
| waivers from the federal Health Care Financing
Administration | 2 |
| are granted . Specific arrangements of the risk-based
financing | 3 |
| model shall be adopted and negotiated by the federal Centers | 4 |
| for Medicare and Medicaid Services
Health Care
Financing | 5 |
| Administration , the nonprofit organization providing the PACE
| 6 |
| program, and the Illinois Department of Public Aid .
| 7 |
| (Source: P.A. 87-411.)
| 8 |
| Section 99. Effective date. This Act takes effect July 1, | 9 |
| 2005.".
|
|