Full Text of HB0173 100th General Assembly
HB0173ham002 100TH GENERAL ASSEMBLY | Rep. Elgie R. Sims, Jr. Filed: 4/27/2017
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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 , except | 12 | | as described by the criteria in subsection (b) . A facility that | 13 | | has delayed payment due to the State's failure to reimburse for | 14 | | services rendered may request an extension on the due date for | 15 | | payment pursuant to subsection (b) and shall pay the assessment | 16 | | within 30 days of reimbursement by the Department.
The Illinois |
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| 1 | | Department may provide that county nursing homes directed and
| 2 | | maintained pursuant to Section 5-1005 of the Counties Code may | 3 | | meet their
assessment obligation by certifying to the Illinois | 4 | | Department that county
expenditures have been obligated for the | 5 | | operation of the county nursing
home in an amount at least | 6 | | equal to the amount of the assessment.
| 7 | | (a-5) The Illinois Department shall provide for an | 8 | | electronic submission process for each long-term care facility | 9 | | to report at a minimum the number of occupied bed days of the | 10 | | long-term care facility for the reporting period and other | 11 | | reasonable information the Illinois Department requires for | 12 | | the administration of its responsibilities under this Code. | 13 | | Beginning July 1, 2013, a separate electronic submission shall | 14 | | be completed for each long-term care facility in this State | 15 | | operated by a long-term care provider. The Illinois Department | 16 | | shall prepare an assessment bill stating the amount due and | 17 | | payable each month and submit it to each long-term care | 18 | | facility via an electronic process. Each assessment payment | 19 | | shall be accompanied by a copy of the assessment bill sent to | 20 | | the long-term care facility by the Illinois Department. To the | 21 | | extent practicable, the Department shall coordinate the | 22 | | assessment reporting requirements with other reporting | 23 | | required of long-term care facilities. | 24 | | (b) Delay of payment. | 25 | | (1) Nonpayment delay. Payments of assessments shall be | 26 | | automatically delayed for any month for which payment for |
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| 1 | | all Medicaid bed days has not been received by a facility | 2 | | from the Department, a Medicaid managed care organization, | 3 | | or any entity authorized by the Department to make payments | 4 | | on its behalf until at least 30 days have elapsed since the | 5 | | receipt of payment. The Department shall establish, by | 6 | | rule, a process for the determination of delayed payment | 7 | | dates that shall include, at a minimum, notice | 8 | | requirements, but shall not require the facility to apply | 9 | | and be approved for a delay of payment due to nonpayment | 10 | | nor shall any other criteria for the delay be imposed. | 11 | | (2) Hardship deferral. The Illinois Department is | 12 | | authorized to establish
delayed payment schedules for | 13 | | long-term care providers that are
unable to make assessment | 14 | | payments when due under this Section
due to financial | 15 | | difficulties, based on criteria established as determined | 16 | | by the Illinois
Department. The Illinois Department may not | 17 | | deny a request for delay of payment of the assessment | 18 | | imposed under this Article if the long-term care provider | 19 | | has not been paid for services provided during the month on | 20 | | which the assessment is levied.
| 21 | | (c) If a long-term care provider fails to pay the full
| 22 | | amount of an assessment payment when due (including any | 23 | | extensions
granted under subsection (b)), there shall, unless | 24 | | waived by the
Illinois Department for reasonable cause, be | 25 | | added to the
assessment imposed by Section 5B-2 a
penalty | 26 | | assessment equal to the lesser of (i) 5% of the amount of
the |
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| 1 | | assessment payment not paid on or before the due date plus 5% | 2 | | of the
portion thereof remaining unpaid on the last day of each | 3 | | month
thereafter or (ii) 100% of the assessment payment amount | 4 | | not paid on or
before the due date. For purposes of this | 5 | | subsection, payments
will be credited first to unpaid | 6 | | assessment payment amounts (rather than
to penalty or | 7 | | interest), beginning with the most delinquent assessment | 8 | | payments. Payment cycles of longer than 60 days shall be one | 9 | | factor the Director takes into account in granting a waiver | 10 | | under this Section.
| 11 | | (c-5) If a long-term care facility fails to file its | 12 | | assessment bill with payment, there shall, unless waived by the | 13 | | Illinois Department for reasonable cause, be added to the | 14 | | assessment due a penalty assessment equal to 25% of the | 15 | | assessment due. After July 1, 2013, no penalty shall be | 16 | | assessed under this Section if the Illinois Department does not | 17 | | provide a process for the electronic submission of the | 18 | | information required by subsection (a-5). | 19 | | (d) Nothing in this amendatory Act of 1993 shall be | 20 | | construed to prevent
the Illinois Department from collecting | 21 | | all amounts due under this Article
pursuant to an assessment | 22 | | imposed before the effective date of this amendatory
Act of | 23 | | 1993.
| 24 | | (e) Nothing in this amendatory Act of the 96th General | 25 | | Assembly shall be construed to prevent
the Illinois Department | 26 | | from collecting all amounts due under this Code
pursuant to an |
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| 1 | | assessment, tax, fee, or penalty imposed before the effective | 2 | | date of this amendatory
Act of the 96th General Assembly. | 3 | | (f) No installment of the assessment imposed by Section | 4 | | 5B-2 shall be due and payable until after the Department | 5 | | notifies the long-term care providers, in writing, that the | 6 | | payment methodologies to long-term care providers required | 7 | | under Section 5-5.4 of this Code have been approved by the | 8 | | Centers for Medicare and Medicaid Services of the U.S. | 9 | | Department of Health and Human Services and the waivers under | 10 | | 42 CFR 433.68 for the assessment imposed by this Section, if | 11 | | necessary, have been granted by the Centers for Medicare and | 12 | | Medicaid Services of the U.S. Department of Health and Human | 13 | | Services. Upon notification to the Department of approval of | 14 | | the payment methodologies required under Section 5-5.4 of this | 15 | | Code and the waivers granted under 42 CFR 433.68, all | 16 | | installments otherwise due under Section 5B-4 prior to the date | 17 | | of notification shall be due and payable to the Department upon | 18 | | written direction from the Department within 90 days after | 19 | | issuance by the Comptroller of the payments required under | 20 | | Section 5-5.4 of this Code. | 21 | | (Source: P.A. 96-444, eff. 8-14-09; 96-1530, eff. 2-16-11; | 22 | | 97-10, eff. 6-14-11; 97-403, eff. 1-1-12; 97-584, eff. 8-26-11; | 23 | | 97-813, eff. 7-13-12.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.".
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