Full Text of HB0156 101st General Assembly
HB0156sam002 101ST GENERAL ASSEMBLY | Sen. Emil Jones, III Filed: 1/11/2021
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| 1 | | AMENDMENT TO HOUSE BILL 156
| 2 | | AMENDMENT NO. ______. Amend House Bill 156 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Public Aid Code is amended by | 5 | | adding Section 5A-2.1 as follows: | 6 | | (305 ILCS 5/5A-2.1 new) | 7 | | Sec. 5A-2.1. Continuation of Section 5A-2 of this Code; | 8 | | validation. | 9 | | (a) The General Assembly finds and declares that: | 10 | | (1) Public Act 101-650, which took effect on July 7, | 11 | | 2020, contained provisions that would have changed the | 12 | | repeal date for Section 5A-2 of this Act from July 1, 2020 | 13 | | to December 31, 2022. | 14 | | (2) The Statute on Statutes sets forth general rules on | 15 | | the repeal of statutes and the construction of multiple | 16 | | amendments, but Section 1 of that Act also states that |
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| 1 | | these rules will not be observed when the result would be | 2 | | "inconsistent with the manifest intent of the General | 3 | | Assembly or repugnant to the context of the statute". | 4 | | (3) This amendatory Act of the 101st General Assembly | 5 | | manifests the intention of the General Assembly to extend | 6 | | the repeal date for Section 5A-2 of this Code and have | 7 | | Section 5A-2 of this Code, as amended by Public Act | 8 | | 101-650, continue in effect until December 31, 2022. | 9 | | (b) Any construction of this Code that results in the | 10 | | repeal of Section 5A-2 of this Code on July 1, 2020 would be | 11 | | inconsistent with the manifest intent of the General Assembly | 12 | | and repugnant to the context of this Code. | 13 | | (c) It is hereby declared to have been the intent of the | 14 | | General Assembly that Section 5A-2 of this Code shall not be | 15 | | subject to repeal on July 1, 2020. | 16 | | (d) Section 5A-2 of this Code shall be deemed to have been | 17 | | in continuous effect since July 8, 1992 (the effective date of | 18 | | Public Act 87-861), and it shall continue to be in effect, as | 19 | | amended by Public Act 101-650, until it is otherwise lawfully | 20 | | amended or repealed. All previously enacted amendments to the | 21 | | Section taking effect on or after July 8, 1992, are hereby | 22 | | validated. | 23 | | (e) In order to ensure the continuing effectiveness of | 24 | | Section 5A-2 of this Code, that Section is set forth in
full | 25 | | and reenacted by this amendatory Act of the 101st General
| 26 | | Assembly. In this amendatory Act of the 101st General Assembly, |
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| 1 | | the base text of the reenacted Section is set forth as amended | 2 | | by Public Act 101-650. | 3 | | (f) All actions of the Illinois Department or any other | 4 | | person or entity taken in reliance on or pursuant to Section | 5 | | 5A-2 of this Code are hereby validated. | 6 | | Section 10. The Illinois Public Aid Code is amended by | 7 | | reenacting Section 5A-2 as follows: | 8 | | (305 ILCS 5/5A-2) (from Ch. 23, par. 5A-2) | 9 | | Sec. 5A-2. Assessment.
| 10 | | (a)(1)
Subject to Sections 5A-3 and 5A-10, for State fiscal | 11 | | years 2009 through 2018, or as long as continued under Section | 12 | | 5A-16, an annual assessment on inpatient services is imposed on | 13 | | each hospital provider in an amount equal to $218.38 multiplied | 14 | | by the difference of the hospital's occupied bed days less the | 15 | | hospital's Medicare bed days, provided, however, that the | 16 | | amount of $218.38 shall be increased by a uniform percentage to | 17 | | generate an amount equal to 75% of the State share of the | 18 | | payments authorized under Section 5A-12.5, with such increase | 19 | | only taking effect upon the date that a State share for such | 20 | | payments is required under federal law. For the period of April | 21 | | through June 2015, the amount of $218.38 used to calculate the | 22 | | assessment under this paragraph shall, by emergency rule under | 23 | | subsection (s) of Section 5-45 of the Illinois Administrative | 24 | | Procedure Act, be increased by a uniform percentage to generate |
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| 1 | | $20,250,000 in the aggregate for that period from all hospitals | 2 | | subject to the annual assessment under this paragraph. | 3 | | (2) In addition to any other assessments imposed under this | 4 | | Article, effective July 1, 2016 and semi-annually thereafter | 5 | | through June 2018, or as provided in Section 5A-16, in addition | 6 | | to any federally required State share as authorized under | 7 | | paragraph (1), the amount of $218.38 shall be increased by a | 8 | | uniform percentage to generate an amount equal to 75% of the | 9 | | ACA Assessment Adjustment, as defined in subsection (b-6) of | 10 | | this Section. | 11 | | For State fiscal years 2009 through 2018, or as provided in | 12 | | Section 5A-16, a hospital's occupied bed days and Medicare bed | 13 | | days shall be determined using the most recent data available | 14 | | from each hospital's 2005 Medicare cost report as contained in | 15 | | the Healthcare Cost Report Information System file, for the | 16 | | quarter ending on December 31, 2006, without regard to any | 17 | | subsequent adjustments or changes to such data. If a hospital's | 18 | | 2005 Medicare cost report is not contained in the Healthcare | 19 | | Cost Report Information System, then the Illinois Department | 20 | | may obtain the hospital provider's occupied bed days and | 21 | | Medicare bed days from any source available, including, but not | 22 | | limited to, records maintained by the hospital provider, which | 23 | | may be inspected at all times during business hours of the day | 24 | | by the Illinois Department or its duly authorized agents and | 25 | | employees. | 26 | | (3) Subject to Sections 5A-3, 5A-10, and 5A-16, for State |
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| 1 | | fiscal years 2019 and 2020, an annual assessment on inpatient | 2 | | services is imposed on each hospital provider in an amount | 3 | | equal to $197.19 multiplied by the difference of the hospital's | 4 | | occupied bed days less the hospital's Medicare bed days. For | 5 | | State fiscal years 2019 and 2020, a hospital's occupied bed | 6 | | days and Medicare bed days shall be determined using the most | 7 | | recent data available from each hospital's 2015 Medicare cost | 8 | | report as contained in the Healthcare Cost Report Information | 9 | | System file, for the quarter ending on March 31, 2017, without | 10 | | regard to any subsequent adjustments or changes to such data. | 11 | | If a hospital's 2015 Medicare cost report is not contained in | 12 | | the Healthcare Cost Report Information System, then the | 13 | | Illinois Department may obtain the hospital provider's | 14 | | occupied bed days and Medicare bed days from any source | 15 | | available, including, but not limited to, records maintained by | 16 | | the hospital provider, which may be inspected at all times | 17 | | during business hours of the day by the Illinois Department or | 18 | | its duly authorized agents and employees. Notwithstanding any | 19 | | other provision in this Article, for a hospital provider that | 20 | | did not have a 2015 Medicare cost report, but paid an | 21 | | assessment in State fiscal year 2018 on the basis of | 22 | | hypothetical data, that assessment amount shall be used for | 23 | | State fiscal years 2019 and 2020. | 24 | | (4) Subject to Sections 5A-3 and 5A-10, for the period of | 25 | | July 1, 2020 through December 31, 2020 and calendar years 2021 | 26 | | and 2022, an annual assessment on inpatient services is imposed |
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| 1 | | on each hospital provider in an amount equal to $221.50 | 2 | | multiplied by the difference of the hospital's occupied bed | 3 | | days less the hospital's Medicare bed days, provided however: | 4 | | for the period of July 1, 2020 through December 31, 2020, (i) | 5 | | the assessment shall be equal to 50% of the annual amount; and | 6 | | (ii) the amount of $221.50 shall be retroactively adjusted by a | 7 | | uniform percentage to generate an amount equal to 50% of the | 8 | | Assessment Adjustment, as defined in subsection (b-7). For the | 9 | | period of July 1, 2020 through December 31, 2020 and calendar | 10 | | years 2021 and 2022, a hospital's occupied bed days and | 11 | | Medicare bed days shall be determined using the most recent | 12 | | data available from each hospital's 2015 Medicare cost report | 13 | | as contained in the Healthcare Cost Report Information System | 14 | | file, for the quarter ending on March 31, 2017, without regard | 15 | | to any subsequent adjustments or changes to such data. If a | 16 | | hospital's 2015 Medicare cost report is not contained in the | 17 | | Healthcare Cost Report Information System, then the Illinois | 18 | | Department may obtain the hospital provider's occupied bed days | 19 | | and Medicare bed days from any source available, including, but | 20 | | not limited to, records maintained by the hospital provider, | 21 | | which may be inspected at all times during business hours of | 22 | | the day by the Illinois Department or its duly authorized | 23 | | agents and employees. Should the change in the assessment | 24 | | methodology for fiscal years 2021 through December 31, 2022 not | 25 | | be approved on or before June 30, 2020, the assessment and | 26 | | payments under this Article in effect for fiscal year 2020 |
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| 1 | | shall remain in place until the new assessment is approved. If | 2 | | the assessment methodology for July 1, 2020 through December | 3 | | 31, 2022, is approved on or after July 1, 2020, it shall be | 4 | | retroactive to July 1, 2020, subject to federal approval and | 5 | | provided that the payments authorized under Section 5A-12.7 | 6 | | have the same effective date as the new assessment methodology. | 7 | | In giving retroactive effect to the assessment approved after | 8 | | June 30, 2020, credit toward the new assessment shall be given | 9 | | for any payments of the previous assessment for periods after | 10 | | June 30, 2020. Notwithstanding any other provision of this | 11 | | Article, for a hospital provider that did not have a 2015 | 12 | | Medicare cost report, but paid an assessment in State Fiscal | 13 | | Year 2020 on the basis of hypothetical data, the data that was | 14 | | the basis for the 2020 assessment shall be used to calculate | 15 | | the assessment under this paragraph. | 16 | | (b) (Blank).
| 17 | | (b-5)(1) Subject to Sections 5A-3 and 5A-10, for the | 18 | | portion of State fiscal year 2012, beginning June 10, 2012 | 19 | | through June 30, 2012, and for State fiscal years 2013 through | 20 | | 2018, or as provided in Section 5A-16, an annual assessment on | 21 | | outpatient services is imposed on each hospital provider in an | 22 | | amount equal to .008766 multiplied by the hospital's outpatient | 23 | | gross revenue, provided, however, that the amount of .008766 | 24 | | shall be increased by a uniform percentage to generate an | 25 | | amount equal to 25% of the State share of the payments | 26 | | authorized under Section 5A-12.5, with such increase only |
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| 1 | | taking effect upon the date that a State share for such | 2 | | payments is required under federal law. For the period | 3 | | beginning June 10, 2012 through June 30, 2012, the annual | 4 | | assessment on outpatient services shall be prorated by | 5 | | multiplying the assessment amount by a fraction, the numerator | 6 | | of which is 21 days and the denominator of which is 365 days. | 7 | | For the period of April through June 2015, the amount of | 8 | | .008766 used to calculate the assessment under this paragraph | 9 | | shall, by emergency rule under subsection (s) of Section 5-45 | 10 | | of the Illinois Administrative Procedure Act, be increased by a | 11 | | uniform percentage to generate $6,750,000 in the aggregate for | 12 | | that period from all hospitals subject to the annual assessment | 13 | | under this paragraph. | 14 | | (2) In addition to any other assessments imposed under this | 15 | | Article, effective July 1, 2016 and semi-annually thereafter | 16 | | through June 2018, in addition to any federally required State | 17 | | share as authorized under paragraph (1), the amount of .008766 | 18 | | shall be increased by a uniform percentage to generate an | 19 | | amount equal to 25% of the ACA Assessment Adjustment, as | 20 | | defined in subsection (b-6) of this Section. | 21 | | For the portion of State fiscal year 2012, beginning June | 22 | | 10, 2012 through June 30, 2012, and State fiscal years 2013 | 23 | | through 2018, or as provided in Section 5A-16, a hospital's | 24 | | outpatient gross revenue shall be determined using the most | 25 | | recent data available from each hospital's 2009 Medicare cost | 26 | | report as contained in the Healthcare Cost Report Information |
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| 1 | | System file, for the quarter ending on June 30, 2011, without | 2 | | regard to any subsequent adjustments or changes to such data. | 3 | | If a hospital's 2009 Medicare cost report is not contained in | 4 | | the Healthcare Cost Report Information System, then the | 5 | | Department may obtain the hospital provider's outpatient gross | 6 | | revenue from any source available, including, but not limited | 7 | | to, records maintained by the hospital provider, which may be | 8 | | inspected at all times during business hours of the day by the | 9 | | Department or its duly authorized agents and employees. | 10 | | (3) Subject to Sections 5A-3, 5A-10, and 5A-16, for State | 11 | | fiscal years 2019 and 2020, an annual assessment on outpatient | 12 | | services is imposed on each hospital provider in an amount | 13 | | equal to .01358 multiplied by the hospital's outpatient gross | 14 | | revenue. For State fiscal years 2019 and 2020, a hospital's | 15 | | outpatient gross revenue shall be determined using the most | 16 | | recent data available from each hospital's 2015 Medicare cost | 17 | | report as contained in the Healthcare Cost Report Information | 18 | | System file, for the quarter ending on March 31, 2017, without | 19 | | regard to any subsequent adjustments or changes to such data. | 20 | | If a hospital's 2015 Medicare cost report is not contained in | 21 | | the Healthcare Cost Report Information System, then the | 22 | | Department may obtain the hospital provider's outpatient gross | 23 | | revenue from any source available, including, but not limited | 24 | | to, records maintained by the hospital provider, which may be | 25 | | inspected at all times during business hours of the day by the | 26 | | Department or its duly authorized agents and employees. |
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| 1 | | Notwithstanding any other provision in this Article, for a | 2 | | hospital provider that did not have a 2015 Medicare cost | 3 | | report, but paid an assessment in State fiscal year 2018 on the | 4 | | basis of hypothetical data, that assessment amount shall be | 5 | | used for State fiscal years 2019 and 2020. | 6 | | (4) Subject to Sections 5A-3 and 5A-10, for the period of | 7 | | July 1, 2020 through December 31, 2020 and calendar years 2021 | 8 | | and 2022, an annual assessment on outpatient services is | 9 | | imposed on each hospital provider in an amount equal to .01525 | 10 | | multiplied by the hospital's outpatient gross revenue, | 11 | | provided however: (i) for the period of July 1, 2020 through | 12 | | December 31, 2020, the assessment shall be equal to 50% of the | 13 | | annual amount; and (ii) the amount of .01525 shall be | 14 | | retroactively adjusted by a uniform percentage to generate an | 15 | | amount equal to 50% of the Assessment Adjustment, as defined in | 16 | | subsection (b-7). For the period of July 1, 2020 through | 17 | | December 31, 2020 and calendar years 2021 and 2022, a | 18 | | hospital's outpatient gross revenue shall be determined using | 19 | | the most recent data available from each hospital's 2015 | 20 | | Medicare cost report as contained in the Healthcare Cost Report | 21 | | Information System file, for the quarter ending on March 31, | 22 | | 2017, without regard to any subsequent adjustments or changes | 23 | | to such data. If a hospital's 2015 Medicare cost report is not | 24 | | contained in the Healthcare Cost Report Information System, | 25 | | then the Illinois Department may obtain the hospital provider's | 26 | | outpatient revenue data from any source available, including, |
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| 1 | | but not limited to, records maintained by the hospital | 2 | | provider, which may be inspected at all times during business | 3 | | hours of the day by the Illinois Department or its duly | 4 | | authorized agents and employees. Should the change in the | 5 | | assessment methodology above for fiscal years 2021 through | 6 | | calendar year 2022 not be approved prior to July 1, 2020, the | 7 | | assessment and payments under this Article in effect for fiscal | 8 | | year 2020 shall remain in place until the new assessment is | 9 | | approved. If the change in the assessment methodology above for | 10 | | July 1, 2020 through December 31, 2022, is approved after June | 11 | | 30, 2020, it shall have a retroactive effective date of July 1, | 12 | | 2020, subject to federal approval and provided that the | 13 | | payments authorized under Section 12A-7 have the same effective | 14 | | date as the new assessment methodology. In giving retroactive | 15 | | effect to the assessment approved after June 30, 2020, credit | 16 | | toward the new assessment shall be given for any payments of | 17 | | the previous assessment for periods after June 30, 2020. | 18 | | Notwithstanding any other provision of this Article, for a | 19 | | hospital provider that did not have a 2015 Medicare cost | 20 | | report, but paid an assessment in State Fiscal Year 2020 on the | 21 | | basis of hypothetical data, the data that was the basis for the | 22 | | 2020 assessment shall be used to calculate the assessment under | 23 | | this paragraph. | 24 | | (b-6)(1) As used in this Section, "ACA Assessment | 25 | | Adjustment" means: | 26 | | (A) For the period of July 1, 2016 through December 31, |
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| 1 | | 2016, the product of .19125 multiplied by the sum of the | 2 | | fee-for-service payments to hospitals as authorized under | 3 | | Section 5A-12.5 and the adjustments authorized under | 4 | | subsection (t) of Section 5A-12.2 to managed care | 5 | | organizations for hospital services due and payable in the | 6 | | month of April 2016 multiplied by 6. | 7 | | (B) For the period of January 1, 2017 through June 30, | 8 | | 2017, the product of .19125 multiplied by the sum of the | 9 | | fee-for-service payments to hospitals as authorized under | 10 | | Section 5A-12.5 and the adjustments authorized under | 11 | | subsection (t) of Section 5A-12.2 to managed care | 12 | | organizations for hospital services due and payable in the | 13 | | month of October 2016 multiplied by 6, except that the | 14 | | amount calculated under this subparagraph (B) shall be | 15 | | adjusted, either positively or negatively, to account for | 16 | | the difference between the actual payments issued under | 17 | | Section 5A-12.5 for the period beginning July 1, 2016 | 18 | | through December 31, 2016 and the estimated payments due | 19 | | and payable in the month of April 2016 multiplied by 6 as | 20 | | described in subparagraph (A). | 21 | | (C) For the period of July 1, 2017 through December 31, | 22 | | 2017, the product of .19125 multiplied by the sum of the | 23 | | fee-for-service payments to hospitals as authorized under | 24 | | Section 5A-12.5 and the adjustments authorized under | 25 | | subsection (t) of Section 5A-12.2 to managed care | 26 | | organizations for hospital services due and payable in the |
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| 1 | | month of April 2017 multiplied by 6, except that the amount | 2 | | calculated under this subparagraph (C) shall be adjusted, | 3 | | either positively or negatively, to account for the | 4 | | difference between the actual payments issued under | 5 | | Section 5A-12.5 for the period beginning January 1, 2017 | 6 | | through June 30, 2017 and the estimated payments due and | 7 | | payable in the month of October 2016 multiplied by 6 as | 8 | | described in subparagraph (B). | 9 | | (D) For the period of January 1, 2018 through June 30, | 10 | | 2018, the product of .19125 multiplied by the sum of the | 11 | | fee-for-service payments to hospitals as authorized under | 12 | | Section 5A-12.5 and the adjustments authorized under | 13 | | subsection (t) of Section 5A-12.2 to managed care | 14 | | organizations for hospital services due and payable in the | 15 | | month of October 2017 multiplied by 6, except that: | 16 | | (i) the amount calculated under this subparagraph | 17 | | (D) shall be adjusted, either positively or | 18 | | negatively, to account for the difference between the | 19 | | actual payments issued under Section 5A-12.5 for the | 20 | | period of July 1, 2017 through December 31, 2017 and | 21 | | the estimated payments due and payable in the month of | 22 | | April 2017 multiplied by 6 as described in subparagraph | 23 | | (C); and | 24 | | (ii) the amount calculated under this subparagraph | 25 | | (D) shall be adjusted to include the product of .19125 | 26 | | multiplied by the sum of the fee-for-service payments, |
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| 1 | | if any, estimated to be paid to hospitals under | 2 | | subsection (b) of Section 5A-12.5. | 3 | | (2) The Department shall complete and apply a final | 4 | | reconciliation of the ACA Assessment Adjustment prior to June | 5 | | 30, 2018 to account for: | 6 | | (A) any differences between the actual payments issued | 7 | | or scheduled to be issued prior to June 30, 2018 as | 8 | | authorized in Section 5A-12.5 for the period of January 1, | 9 | | 2018 through June 30, 2018 and the estimated payments due | 10 | | and payable in the month of October 2017 multiplied by 6 as | 11 | | described in subparagraph (D); and | 12 | | (B) any difference between the estimated | 13 | | fee-for-service payments under subsection (b) of Section | 14 | | 5A-12.5 and the amount of such payments that are actually | 15 | | scheduled to be paid. | 16 | | The Department shall notify hospitals of any additional | 17 | | amounts owed or reduction credits to be applied to the June | 18 | | 2018 ACA Assessment Adjustment. This is to be considered the | 19 | | final reconciliation for the ACA Assessment Adjustment. | 20 | | (3) Notwithstanding any other provision of this Section, if | 21 | | for any reason the scheduled payments under subsection (b) of | 22 | | Section 5A-12.5 are not issued in full by the final day of the | 23 | | period authorized under subsection (b) of Section 5A-12.5, | 24 | | funds collected from each hospital pursuant to subparagraph (D) | 25 | | of paragraph (1) and pursuant to paragraph (2), attributable to | 26 | | the scheduled payments authorized under subsection (b) of |
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| 1 | | Section 5A-12.5 that are not issued in full by the final day of | 2 | | the period attributable to each payment authorized under | 3 | | subsection (b) of Section 5A-12.5, shall be refunded. | 4 | | (4) The increases authorized under paragraph (2) of | 5 | | subsection (a) and paragraph (2) of subsection (b-5) shall be | 6 | | limited to the federally required State share of the total | 7 | | payments authorized under Section 5A-12.5 if the sum of such | 8 | | payments yields an annualized amount equal to or less than | 9 | | $450,000,000, or if the adjustments authorized under | 10 | | subsection (t) of Section 5A-12.2 are found not to be | 11 | | actuarially sound; however, this limitation shall not apply to | 12 | | the fee-for-service payments described in subsection (b) of | 13 | | Section 5A-12.5. | 14 | | (b-7)(1) As used in this Section, "Assessment Adjustment" | 15 | | means: | 16 | | (A) For the period of July 1, 2020 through December 31, | 17 | | 2020, the product of .3853 multiplied by the total of the | 18 | | actual payments made under subsections (c) through (k) of | 19 | | Section 5A-12.7 attributable to the period, less the total | 20 | | of the assessment imposed under subsections (a) and (b-5) | 21 | | of this Section for the period. | 22 | | (B) For each calendar quarter beginning on and after | 23 | | January 1, 2021, the product of .3853 multiplied by the | 24 | | total of the actual payments made under subsections (c) | 25 | | through (k) of Section 5A-12.7 attributable to the period, | 26 | | less the total of the assessment imposed under subsections |
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| 1 | | (a) and (b-5) of this Section for the period. | 2 | | (2) The Department shall calculate and notify each hospital | 3 | | of the total Assessment Adjustment and any additional | 4 | | assessment owed by the hospital or refund owed to the hospital | 5 | | on either a semi-annual or annual basis. Such notice shall be | 6 | | issued at least 30 days prior to any period in which the | 7 | | assessment will be adjusted. Any additional assessment owed by | 8 | | the hospital or refund owed to the hospital shall be uniformly | 9 | | applied to the assessment owed by the hospital in monthly | 10 | | installments for the subsequent semi-annual period or calendar | 11 | | year. If no assessment is owed in the subsequent year, any | 12 | | amount owed by the hospital or refund due to the hospital, | 13 | | shall be paid in a lump sum. | 14 | | (3) The Department shall publish all details of the | 15 | | Assessment Adjustment calculation performed each year on its | 16 | | website within 30 days of completing the calculation, and also | 17 | | submit the details of the Assessment Adjustment calculation as | 18 | | part of the Department's annual report to the General Assembly. | 19 | | (c) (Blank).
| 20 | | (d) Notwithstanding any of the other provisions of this | 21 | | Section, the Department is authorized to adopt rules to reduce | 22 | | the rate of any annual assessment imposed under this Section, | 23 | | as authorized by Section 5-46.2 of the Illinois Administrative | 24 | | Procedure Act.
| 25 | | (e) Notwithstanding any other provision of this Section, | 26 | | any plan providing for an assessment on a hospital provider as |
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| 1 | | a permissible tax under Title XIX of the federal Social | 2 | | Security Act and Medicaid-eligible payments to hospital | 3 | | providers from the revenues derived from that assessment shall | 4 | | be reviewed by the Illinois Department of Healthcare and Family | 5 | | Services, as the Single State Medicaid Agency required by | 6 | | federal law, to determine whether those assessments and | 7 | | hospital provider payments meet federal Medicaid standards. If | 8 | | the Department determines that the elements of the plan may | 9 | | meet federal Medicaid standards and a related State Medicaid | 10 | | Plan Amendment is prepared in a manner and form suitable for | 11 | | submission, that State Plan Amendment shall be submitted in a | 12 | | timely manner for review by the Centers for Medicare and | 13 | | Medicaid Services of the United States Department of Health and | 14 | | Human Services and subject to approval by the Centers for | 15 | | Medicare and Medicaid Services of the United States Department | 16 | | of Health and Human Services. No such plan shall become | 17 | | effective without approval by the Illinois General Assembly by | 18 | | the enactment into law of related legislation. Notwithstanding | 19 | | any other provision of this Section, the Department is | 20 | | authorized to adopt rules to reduce the rate of any annual | 21 | | assessment imposed under this Section. Any such rules may be | 22 | | adopted by the Department under Section 5-50 of the Illinois | 23 | | Administrative Procedure Act. | 24 | | (Source: P.A. 100-581, eff. 3-12-18; 101-10, eff. 6-5-19; | 25 | | 101-650, eff. 7-7-20.)
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| 1 | | Section 15. The Transportation Network Providers Act is | 2 | | amended by adding Section 33 as follows: | 3 | | (625 ILCS 57/33 new) | 4 | | Sec. 33. Continuation of Act; validation. | 5 | | (a) The General Assembly finds and declares that: | 6 | | (1) Public Act 101-639, which took effect on June 12,
| 7 | | 2020, changed the repeal date set for the Transportation | 8 | | Network Providers Act from June 1, 2020 to June 1, 2021. | 9 | | (2) The Statute on Statutes sets forth general rules on
| 10 | | the repeal of statutes and the construction of multiple
| 11 | | amendments, but Section 1 of that Act also states that
| 12 | | these rules will not be observed when the result would be
| 13 | | "inconsistent with the manifest intent of the General
| 14 | | Assembly or repugnant to the context of the statute". | 15 | | (3) This amendatory Act of the 101st General Assembly
| 16 | | manifests the intention of the General Assembly to extend
| 17 | | the repeal of the Transportation Network Providers
Act and | 18 | | have the Transportation Network Providers Act
continue in | 19 | | effect until June 1, 2021. | 20 | | (4) The Transportation Network Providers Act was
| 21 | | originally enacted to protect, promote, and preserve the
| 22 | | general welfare. Any construction of this Act that results
| 23 | | in the repeal of this Act on June 1, 2020 would be
| 24 | | inconsistent with the manifest intent of the General
| 25 | | Assembly and repugnant to the context of the Transportation |
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| 1 | | Network Providers Act. | 2 | | (b) It is hereby declared to have been the intent of the
| 3 | | General Assembly that the Transportation Network Providers Act | 4 | | not be subject to repeal on June 1, 2020. | 5 | | (c) The Transportation Network Providers Act shall be
| 6 | | deemed to have been in continuous effect since June 1, 2015
| 7 | | (the effective date of Public Act 98-1173), and it shall
| 8 | | continue to be in effect until it is otherwise
lawfully | 9 | | repealed. All previously enacted amendments to the Act
taking | 10 | | effect on or after June 1, 2020, are hereby
validated. | 11 | | (d) All actions taken in reliance on or pursuant to the
| 12 | | Transportation Network Providers Act by any person or entity | 13 | | are hereby validated. | 14 | | (e) In order to ensure the continuing effectiveness of the
| 15 | | Transportation Network Providers Act, it is set forth in
full | 16 | | and reenacted by this amendatory Act of the 101st General
| 17 | | Assembly. Striking and underscoring are used only to show | 18 | | changes being made to the base text. This reenactment is | 19 | | intended as a continuation of
the Act. It is not intended to | 20 | | supersede any amendment to the
Act that is enacted by the 101st | 21 | | General Assembly. | 22 | | (f) The Transportation Network Providers Act applies to all | 23 | | claims, civil actions, and proceedings pending on or filed on | 24 | | or before the effective date of this amendatory Act of the | 25 | | 101st General Assembly. |
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| 1 | | Section 20. The Transportation Network Providers Act is | 2 | | reenacted as follows: | 3 | | (625 ILCS 57/Act title) | 4 | | An Act concerning regulation. | 5 | | (625 ILCS 57/1)
| 6 | | Sec. 1. Short title. This Act may be cited as the | 7 | | Transportation Network Providers Act.
| 8 | | (Source: P.A. 98-1173, eff. 6-1-15 .) | 9 | | (625 ILCS 57/5)
| 10 | | Sec. 5. Definitions. | 11 | | "Transportation network company" or "TNC" means an entity | 12 | | operating in this State that uses a digital network or software | 13 | | application service to connect passengers to transportation | 14 | | network company services provided by transportation network | 15 | | company drivers. A TNC is not deemed to own, control, operate, | 16 | | or manage the vehicles used by TNC drivers, and is not a | 17 | | taxicab association or a for-hire vehicle owner. | 18 | | "Transportation network company driver" or "TNC driver" | 19 | | means an individual who operates a motor vehicle that is: | 20 | | (1) owned, leased, or otherwise authorized for use by | 21 | | the individual; | 22 | | (2) not a taxicab or for-hire public passenger vehicle; | 23 | | and |
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| 1 | | (3) used to provide transportation network company | 2 | | services. | 3 | | "Transportation network company services" or "TNC | 4 | | services" means transportation of a passenger between points | 5 | | chosen by the passenger and prearranged with a TNC driver | 6 | | through the use of a TNC digital network or software | 7 | | application. TNC services shall begin when a TNC driver accepts | 8 | | a request for transportation received through the TNC's digital | 9 | | network or software application service, continue while the TNC | 10 | | driver transports the passenger in the TNC driver's vehicle, | 11 | | and end when the passenger exits the TNC driver's vehicle. TNC | 12 | | service is not a taxicab, for-hire vehicle, or street hail | 13 | | service.
| 14 | | (Source: P.A. 98-1173, eff. 6-1-15 .) | 15 | | (625 ILCS 57/10)
| 16 | | Sec. 10. Insurance. | 17 | | (a) Transportation network companies and participating TNC | 18 | | drivers shall comply with the automobile liability insurance | 19 | | requirements of this Section as required. | 20 | | (b) The following automobile liability insurance | 21 | | requirements shall apply from the moment a participating TNC | 22 | | driver logs on to the transportation network company's digital | 23 | | network or software application until the TNC driver accepts a | 24 | | request to transport a passenger, and from the moment the TNC | 25 | | driver completes the transaction on the digital network or |
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| 1 | | software application or the ride is complete, whichever is | 2 | | later, until the TNC driver either accepts another ride request | 3 | | on the digital network or software application or logs off the | 4 | | digital network or software application: | 5 | | (1) Automobile liability insurance shall be in the | 6 | | amount of at least $50,000 for death and personal injury | 7 | | per person, $100,000 for death and personal injury per | 8 | | incident, and $25,000 for property damage. | 9 | | (2) Contingent automobile liability insurance in the | 10 | | amounts required in paragraph (1) of this subsection (b) | 11 | | shall be maintained by a transportation network company and | 12 | | provide coverage in the event a participating TNC driver's | 13 | | own automobile liability policy excludes coverage | 14 | | according to its policy terms or does not provide at least | 15 | | the limits of coverage required in paragraph (1) of this | 16 | | subsection (b). | 17 | | (c) The following automobile liability insurance | 18 | | requirements shall apply from the moment a TNC driver accepts a | 19 | | ride request on the transportation network company's digital | 20 | | network or software application until the TNC driver completes | 21 | | the transaction on the digital network or software application | 22 | | or until the ride is complete, whichever is later:
| 23 | | (1) Automobile liability insurance shall be primary | 24 | | and in the amount of $1,000,000 for death, personal injury, | 25 | | and property damage. The requirements for the coverage | 26 | | required by this paragraph (1) may be satisfied by any of |
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| 1 | | the following:
| 2 | | (A) automobile liability insurance maintained by a | 3 | | participating TNC driver;
| 4 | | (B) automobile liability company insurance | 5 | | maintained by a transportation network company; or
| 6 | | (C) any combination of subparagraphs (A) and (B).
| 7 | | (2) Insurance coverage provided under this subsection | 8 | | (c) shall also provide for uninsured motorist coverage and | 9 | | underinsured motorist coverage in the amount of $50,000 | 10 | | from the moment a passenger enters the vehicle of a | 11 | | participating TNC driver until the passenger exits the | 12 | | vehicle.
| 13 | | (3) The insurer, in the case of insurance coverage | 14 | | provided under this subsection (c), shall have the duty to | 15 | | defend and indemnify the insured.
| 16 | | (4) Coverage under an automobile liability insurance | 17 | | policy required under this subsection (c) shall not be | 18 | | dependent on a personal automobile insurance policy first | 19 | | denying a claim nor shall a personal automobile insurance | 20 | | policy be required to first deny a claim. | 21 | | (d) In every instance when automobile liability insurance | 22 | | maintained by a participating TNC driver to fulfill the | 23 | | insurance obligations of this Section has lapsed or ceased to | 24 | | exist, the transportation network company shall provide the | 25 | | coverage required by this Section beginning with the first | 26 | | dollar of a claim. |
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| 1 | | (e) This Section shall not limit the liability of a | 2 | | transportation network company arising out of an automobile | 3 | | accident involving a participating TNC driver in any action for | 4 | | damages against a transportation network company for an amount | 5 | | above the required insurance coverage. | 6 | | (f) The transportation network company shall disclose in | 7 | | writing to TNC drivers, as part of its agreement with those TNC | 8 | | drivers, the following:
| 9 | | (1) the insurance coverage and limits of liability that | 10 | | the transportation network company provides while the TNC | 11 | | driver uses a vehicle in connection with a transportation | 12 | | network company's digital network or software application; | 13 | | and
| 14 | | (2) that the TNC driver's own insurance policy may not | 15 | | provide coverage while the TNC driver uses a vehicle in | 16 | | connection with a transportation network company digital | 17 | | network depending on its terms. | 18 | | (g) An insurance policy required by this Section may be | 19 | | placed with an admitted Illinois insurer, or with an authorized | 20 | | surplus line insurer under Section 445 of the Illinois | 21 | | Insurance Code; and is not subject to any restriction or | 22 | | limitation on the issuance of a policy contained in Section | 23 | | 445a of the Illinois Insurance Code. | 24 | | (h) Any insurance policy required by this Section shall | 25 | | satisfy the financial responsibility requirement for a motor | 26 | | vehicle under Sections 7-203 and 7-601 of the Illinois Vehicle |
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| 1 | | Code.
| 2 | | (i) If a transportation network company's insurer makes a | 3 | | payment for a claim covered under comprehensive coverage or | 4 | | collision coverage, the transportation network company shall | 5 | | cause its insurer to issue the payment directly to the business | 6 | | repairing the vehicle, or jointly to the owner of the vehicle | 7 | | and the primary lienholder on the covered vehicle. | 8 | | (Source: P.A. 98-1173, eff. 6-1-15; 99-56, eff. 7-16-15.) | 9 | | (625 ILCS 57/15)
| 10 | | Sec. 15. Driver requirements. | 11 | | (a) Prior to permitting an individual to act as a TNC | 12 | | driver on its digital platform, the TNC shall: | 13 | | (1) require the individual to submit an application to | 14 | | the TNC or a third party on behalf of the TNC, which | 15 | | includes information regarding his or her full legal name, | 16 | | social security number, address, age, date of birth, | 17 | | driver's license, driving history, motor vehicle | 18 | | registration, automobile liability insurance, and other | 19 | | information required by the TNC; | 20 | | (2) conduct, or have a third party conduct, a local and | 21 | | national criminal history background check for each | 22 | | individual applicant that shall include: | 23 | | (A) Multi-State or Multi-Jurisdictional Criminal | 24 | | Records Locator or other similar commercial nationwide
| 25 | | database with validation (primary source search); and
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| 1 | | (B) National Sex Offenders Registry database; and | 2 | | (3) obtain and review a driving history research report | 3 | | for the individual. | 4 | | (b) The TNC shall not permit an individual to act as a TNC | 5 | | driver on its digital platform who: | 6 | | (1) has had more than 3 moving violations in the prior | 7 | | three-year period, or one major violation in the prior | 8 | | three-year period including, but not limited to, | 9 | | attempting to evade the police, reckless driving, or | 10 | | driving on a suspended or revoked license; | 11 | | (2) has been convicted, within the past 7 years, of | 12 | | driving under the influence of drugs or alcohol, fraud, | 13 | | sexual offenses, use of a motor vehicle to commit a felony, | 14 | | a crime involving property damage, or theft, acts of | 15 | | violence, or acts of terror; | 16 | | (3) is a match in the National Sex Offenders Registry | 17 | | database; | 18 | | (4) does not possess a valid driver's license; | 19 | | (5) does not possess proof of registration for the | 20 | | motor vehicle used to provide TNC services; | 21 | | (6) does not possess proof of automobile liability | 22 | | insurance for the motor vehicle used to provide TNC | 23 | | services; or | 24 | | (7) is under 19 years of age.
| 25 | | (c) An individual who submits an application under | 26 | | paragraph (1) of subsection (a) that contains false or |
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| 1 | | incomplete information shall be guilty of a petty offense. | 2 | | (Source: P.A. 100-738, eff. 8-7-18.) | 3 | | (625 ILCS 57/20)
| 4 | | Sec. 20. Non-discrimination. | 5 | | (a) The TNC shall adopt and notify TNC drivers of a policy | 6 | | of non-discrimination on the basis of destination, race, color, | 7 | | national origin, religious belief or affiliation, sex, | 8 | | disability, age, sexual orientation, or gender identity with | 9 | | respect to passengers and potential passengers. | 10 | | (b) TNC drivers shall comply with all applicable laws | 11 | | regarding non-discrimination against passengers or potential | 12 | | passengers on the basis of destination, race, color, national | 13 | | origin, religious belief or affiliation, sex, disability, age, | 14 | | sexual orientation, or gender identity. | 15 | | (c) TNC drivers shall comply with all applicable laws | 16 | | relating to accommodation of service animals. | 17 | | (d) A TNC shall not impose additional charges for providing | 18 | | services to persons with physical disabilities because of those | 19 | | disabilities. | 20 | | (e) A TNC shall provide passengers an opportunity to | 21 | | indicate whether they require a wheelchair accessible vehicle. | 22 | | If a TNC cannot arrange wheelchair-accessible TNC service in | 23 | | any instance, it shall direct the passenger to an alternate | 24 | | provider of wheelchair-accessible service, if available. | 25 | | (f) If a unit of local government has requirements for |
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| 1 | | licensed chauffeurs not to discriminate in providing service in | 2 | | under-served areas, TNC drivers participating in TNC services | 3 | | within that unit of local government shall be subject to the | 4 | | same non-discrimination requirements for providing service in | 5 | | under-served areas.
| 6 | | (Source: P.A. 98-1173, eff. 6-1-15 .) | 7 | | (625 ILCS 57/25)
| 8 | | Sec. 25. Safety. | 9 | | (a) The TNC shall implement a zero tolerance policy on the | 10 | | use of drugs or alcohol while a TNC driver is providing TNC | 11 | | services or is logged into the TNC's digital network but is not | 12 | | providing TNC services. | 13 | | (b) The TNC shall provide notice of the zero tolerance | 14 | | policy on its website, as well as procedures to report a | 15 | | complaint about a driver with whom a passenger was matched and | 16 | | whom the passenger reasonably suspects was under the influence | 17 | | of drugs or alcohol during the course of the trip. | 18 | | (c) Upon receipt of a passenger's complaint alleging a | 19 | | violation of the zero tolerance policy, the TNC shall | 20 | | immediately suspend the TNC driver's access to the TNC's | 21 | | digital platform, and shall conduct an investigation into the | 22 | | reported incident. The suspension shall last the duration of | 23 | | the investigation. | 24 | | (d) The TNC shall require that any motor vehicle that a TNC | 25 | | driver will use to provide TNC services meets vehicle safety |
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| 1 | | and emissions requirements for a private motor vehicle in this | 2 | | State. | 3 | | (e) TNCs or TNC drivers are not common carriers, contract | 4 | | carriers or motor carriers, as defined by applicable State law, | 5 | | nor do they provide taxicab or for-hire vehicle service.
| 6 | | (Source: P.A. 98-1173, eff. 6-1-15 .) | 7 | | (625 ILCS 57/30)
| 8 | | Sec. 30. Operational. | 9 | | (a) A TNC may charge a fare for the services provided to | 10 | | passengers; provided that, if a fare is charged, the TNC shall | 11 | | disclose to passengers the fare calculation method on its | 12 | | website or within the software application service. | 13 | | (b) The TNC shall provide passengers with the applicable | 14 | | rates being charged and the option to receive an estimated fare | 15 | | before the passenger enters the TNC driver's vehicle. | 16 | | (c) The TNC's software application or website shall display | 17 | | a picture of the TNC driver, and the license plate number of | 18 | | the motor vehicle utilized for providing the TNC service before | 19 | | the passenger enters the TNC driver's vehicle. | 20 | | (d) Within a reasonable period of time following the | 21 | | completion of a trip, a TNC shall transmit an electronic | 22 | | receipt to the passenger that lists: | 23 | | (1) the origin and destination of the trip; | 24 | | (2) the total time and distance of the trip; and | 25 | | (3) an itemization of the total fare paid, if any. |
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| 1 | | (e) Dispatches for TNC services shall be made only to | 2 | | eligible TNC drivers under Section 15 of this Act who are | 3 | | properly licensed under State law and local ordinances | 4 | | addressing these drivers if applicable. | 5 | | (f) A taxicab may accept a request for transportation | 6 | | received through a TNC's digital network or software | 7 | | application service, and may charge a fare for those services | 8 | | that is similar to those charged by a TNC.
| 9 | | (Source: P.A. 98-1173, eff. 6-1-15 .) | 10 | | (625 ILCS 57/32) | 11 | | Sec. 32. Preemption. A unit of local government, whether or
| 12 | | not it is a home rule unit, may not regulate transportation
| 13 | | network companies, transportation network company drivers, or
| 14 | | transportation network company services in a manner that is
| 15 | | less restrictive than the regulation by the State under this
| 16 | | Act. This Section is a limitation under subsection (i) of
| 17 | | Section 6 of Article VII of the Illinois Constitution on the
| 18 | | concurrent exercise by home rule units of powers and functions | 19 | | exercised by the State.
| 20 | | (Source: P.A. 99-56, eff. 7-16-15.) | 21 | | (625 ILCS 57/34) | 22 | | Sec. 34. Repeal. This Act is repealed on June 1, 2021.
| 23 | | (Source: P.A. 101-639, eff. 6-12-20.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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