Full Text of HB0173 100th General Assembly
HB0173ham001 100TH GENERAL ASSEMBLY | Rep. Elgie R. Sims, Jr. Filed: 4/24/2017
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| 1 | | AMENDMENT TO HOUSE BILL 173
| 2 | | AMENDMENT NO. ______. Amend House Bill 173 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Public Aid Code is amended by | 5 | | changing Section 5B-4 as follows:
| 6 | | (305 ILCS 5/5B-4) (from Ch. 23, par. 5B-4)
| 7 | | Sec. 5B-4. Payment of assessment; penalty.
| 8 | | (a) The assessment imposed by Section 5B-2 shall be due and | 9 | | payable monthly, on the last State business day of the month | 10 | | for occupied bed days reported for the preceding third month | 11 | | prior to the month in which the tax is payable and due. When | 12 | | the State fails A facility that has delayed payment due to the | 13 | | State's failure to reimburse for services rendered in the month | 14 | | on which the assessment is imposed, may request an extension on | 15 | | the due date for payment pursuant to subsection (b) and shall | 16 | | pay of the assessment must be no earlier than within 30 days |
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| 1 | | after of reimbursement by the State Department .
The Illinois | 2 | | Department may provide that county nursing homes directed and
| 3 | | maintained pursuant to Section 5-1005 of the Counties Code may | 4 | | meet their
assessment obligation by certifying to the Illinois | 5 | | Department that county
expenditures have been obligated for the | 6 | | operation of the county nursing
home in an amount at least | 7 | | equal to the amount of the assessment.
| 8 | | (a-5) The Illinois Department shall provide for an | 9 | | electronic submission process for each long-term care facility | 10 | | to report at a minimum the number of occupied bed days of the | 11 | | long-term care facility for the reporting period and other | 12 | | reasonable information the Illinois Department requires for | 13 | | the administration of its responsibilities under this Code. | 14 | | Beginning July 1, 2013, a separate electronic submission shall | 15 | | be completed for each long-term care facility in this State | 16 | | operated by a long-term care provider. The Illinois Department | 17 | | shall prepare an assessment bill stating the amount due and | 18 | | payable each month and submit it to each long-term care | 19 | | facility via an electronic process. Each assessment payment | 20 | | shall be accompanied by a copy of the assessment bill sent to | 21 | | the long-term care facility by the Illinois Department. To the | 22 | | extent practicable, the Department shall coordinate the | 23 | | assessment reporting requirements with other reporting | 24 | | required of long-term care facilities. | 25 | | (b) The Illinois Department is authorized to establish
| 26 | | delayed payment schedules for long-term care providers that are
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| 1 | | unable to make assessment payments when due under this Section
| 2 | | due to financial difficulties, as determined by the Illinois
| 3 | | Department. The Illinois Department may not collect may not | 4 | | deny a request for delay of payment of the assessment imposed | 5 | | under this Article if the long-term care provider has not been | 6 | | paid for services provided during the month on which the | 7 | | assessment is levied , and the long-term care provider does not | 8 | | need to take any additional action .
| 9 | | (c) If a long-term care provider fails to pay the full
| 10 | | amount of an assessment payment when due ( under the extended | 11 | | due date required in subsection (a) when the State has failed | 12 | | to make payment for the month in which services are rendered | 13 | | and including any extensions
granted under subsection (b)), | 14 | | there shall, unless waived by the
Illinois Department for | 15 | | reasonable cause, be added to the
assessment imposed by Section | 16 | | 5B-2 a
penalty assessment equal to the lesser of (i) 5% of the | 17 | | amount of
the assessment payment not paid on or before the due | 18 | | date plus 5% of the
portion thereof remaining unpaid on the | 19 | | last day of each month
thereafter or (ii) 100% of the | 20 | | assessment payment amount not paid on or
before the due date. | 21 | | For purposes of this subsection, payments
will be credited | 22 | | first to unpaid assessment payment amounts (rather than
to | 23 | | penalty or interest), beginning with the most delinquent | 24 | | assessment payments. Payment cycles of longer than 60 days | 25 | | shall be one factor the Director takes into account in granting | 26 | | a waiver under this Section.
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| 1 | | (c-5) If a long-term care facility fails to file its | 2 | | assessment bill with payment, there shall, unless waived by the | 3 | | Illinois Department for reasonable cause, be added to the | 4 | | assessment due a penalty assessment equal to 25% of the | 5 | | assessment due. No penalty shall be assessed under this Section | 6 | | if the long-term care facility submits its assessment bill | 7 | | prior to the payment if the payment is delayed under subsection | 8 | | (b) when the long-term care facility has not been paid for | 9 | | services provided during the month on which the assessment is | 10 | | levied. After July 1, 2013, no penalty shall be assessed under | 11 | | this Section if the Illinois Department does not provide a | 12 | | process for the electronic submission of the information | 13 | | required by subsection (a-5). | 14 | | (d) Nothing in this amendatory Act of 1993 shall be | 15 | | construed to prevent
the Illinois Department from collecting | 16 | | all amounts due under this Article
pursuant to an assessment | 17 | | imposed before the effective date of this amendatory
Act of | 18 | | 1993.
| 19 | | (e) Nothing in this amendatory Act of the 96th General | 20 | | Assembly shall be construed to prevent
the Illinois Department | 21 | | from collecting all amounts due under this Code
pursuant to an | 22 | | assessment, tax, fee, or penalty imposed before the effective | 23 | | date of this amendatory
Act of the 96th General Assembly. | 24 | | (f) No installment of the assessment imposed by Section | 25 | | 5B-2 shall be due and payable until after the Department | 26 | | notifies the long-term care providers, in writing, that the |
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| 1 | | payment methodologies to long-term care providers required | 2 | | under Section 5-5.4 of this Code have been approved by the | 3 | | Centers for Medicare and Medicaid Services of the U.S. | 4 | | Department of Health and Human Services and the waivers under | 5 | | 42 CFR 433.68 for the assessment imposed by this Section, if | 6 | | necessary, have been granted by the Centers for Medicare and | 7 | | Medicaid Services of the U.S. Department of Health and Human | 8 | | Services. Upon notification to the Department of approval of | 9 | | the payment methodologies required under Section 5-5.4 of this | 10 | | Code and the waivers granted under 42 CFR 433.68, all | 11 | | installments otherwise due under Section 5B-4 prior to the date | 12 | | of notification shall be due and payable to the Department upon | 13 | | written direction from the Department within 90 days after | 14 | | issuance by the Comptroller of the payments required under | 15 | | Section 5-5.4 of this Code. | 16 | | (Source: P.A. 96-444, eff. 8-14-09; 96-1530, eff. 2-16-11; | 17 | | 97-10, eff. 6-14-11; 97-403, eff. 1-1-12; 97-584, eff. 8-26-11; | 18 | | 97-813, eff. 7-13-12.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.".
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