SB1510ham003 101ST GENERAL ASSEMBLY

Rep. Gregory Harris

Filed: 1/12/2021

 

 


 

 


 
10100SB1510ham003LRB101 08498 KTG 74902 a

1
AMENDMENT TO SENATE BILL 1510

2    AMENDMENT NO. ______. Amend Senate Bill 1510, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5
"Article 1.

 
6    Section 1-5. The Illinois Public Aid Code is amended by
7adding Section 5A-2.1 as follows:
 
8    (305 ILCS 5/5A-2.1 new)
9    Sec. 5A-2.1. Continuation of Section 5A-2 of this Code;
10validation.
11    (a) The General Assembly finds and declares that:
12        (1) Public Act 101-650, which took effect on July 7,
13    2020, contained provisions that would have changed the
14    repeal date for Section 5A-2 of this Act from July 1, 2020
15    to December 31, 2022.

 

 

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1        (2) The Statute on Statutes sets forth general rules on
2    the repeal of statutes and the construction of multiple
3    amendments, but Section 1 of that Act also states that
4    these rules will not be observed when the result would be
5    "inconsistent with the manifest intent of the General
6    Assembly or repugnant to the context of the statute".
7        (3) This amendatory Act of the 101st General Assembly
8    manifests the intention of the General Assembly to extend
9    the repeal date for Section 5A-2 of this Code and have
10    Section 5A-2 of this Code, as amended by Public Act
11    101-650, continue in effect until December 31, 2022.
12    (b) Any construction of this Code that results in the
13repeal of Section 5A-2 of this Code on July 1, 2020 would be
14inconsistent with the manifest intent of the General Assembly
15and repugnant to the context of this Code.
16    (c) It is hereby declared to have been the intent of the
17General Assembly that Section 5A-2 of this Code shall not be
18subject to repeal on July 1, 2020.
19    (d) Section 5A-2 of this Code shall be deemed to have been
20in continuous effect since July 8, 1992 (the effective date of
21Public Act 87-861), and it shall continue to be in effect, as
22amended by Public Act 101-650, until it is otherwise lawfully
23amended or repealed. All previously enacted amendments to the
24Section taking effect on or after July 8, 1992, are hereby
25validated.
26    (e) In order to ensure the continuing effectiveness of

 

 

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1Section 5A-2 of this Code, that Section is set forth in full
2and reenacted by this amendatory Act of the 101st General
3Assembly. In this amendatory Act of the 101st General Assembly,
4the base text of the reenacted Section is set forth as amended
5by Public Act 101-650.
6    (f) All actions of the Illinois Department or any other
7person or entity taken in reliance on or pursuant to Section
85A-2 of this Code are hereby validated.
 
9    Section 1-10. The Illinois Public Aid Code is amended by
10reenacting Section 5A-2 as follows:
 
11    (305 ILCS 5/5A-2)  (from Ch. 23, par. 5A-2)
12    Sec. 5A-2. Assessment.
13    (a)(1) Subject to Sections 5A-3 and 5A-10, for State fiscal
14years 2009 through 2018, or as long as continued under Section
155A-16, an annual assessment on inpatient services is imposed on
16each hospital provider in an amount equal to $218.38 multiplied
17by the difference of the hospital's occupied bed days less the
18hospital's Medicare bed days, provided, however, that the
19amount of $218.38 shall be increased by a uniform percentage to
20generate an amount equal to 75% of the State share of the
21payments authorized under Section 5A-12.5, with such increase
22only taking effect upon the date that a State share for such
23payments is required under federal law. For the period of April
24through June 2015, the amount of $218.38 used to calculate the

 

 

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1assessment under this paragraph shall, by emergency rule under
2subsection (s) of Section 5-45 of the Illinois Administrative
3Procedure Act, be increased by a uniform percentage to generate
4$20,250,000 in the aggregate for that period from all hospitals
5subject to the annual assessment under this paragraph.
6    (2) In addition to any other assessments imposed under this
7Article, effective July 1, 2016 and semi-annually thereafter
8through June 2018, or as provided in Section 5A-16, in addition
9to any federally required State share as authorized under
10paragraph (1), the amount of $218.38 shall be increased by a
11uniform percentage to generate an amount equal to 75% of the
12ACA Assessment Adjustment, as defined in subsection (b-6) of
13this Section.
14    For State fiscal years 2009 through 2018, or as provided in
15Section 5A-16, a hospital's occupied bed days and Medicare bed
16days shall be determined using the most recent data available
17from each hospital's 2005 Medicare cost report as contained in
18the Healthcare Cost Report Information System file, for the
19quarter ending on December 31, 2006, without regard to any
20subsequent adjustments or changes to such data. If a hospital's
212005 Medicare cost report is not contained in the Healthcare
22Cost Report Information System, then the Illinois Department
23may obtain the hospital provider's occupied bed days and
24Medicare bed days from any source available, including, but not
25limited to, records maintained by the hospital provider, which
26may be inspected at all times during business hours of the day

 

 

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1by the Illinois Department or its duly authorized agents and
2employees.
3    (3) Subject to Sections 5A-3, 5A-10, and 5A-16, for State
4fiscal years 2019 and 2020, an annual assessment on inpatient
5services is imposed on each hospital provider in an amount
6equal to $197.19 multiplied by the difference of the hospital's
7occupied bed days less the hospital's Medicare bed days. For
8State fiscal years 2019 and 2020, a hospital's occupied bed
9days and Medicare bed days shall be determined using the most
10recent data available from each hospital's 2015 Medicare cost
11report as contained in the Healthcare Cost Report Information
12System file, for the quarter ending on March 31, 2017, without
13regard to any subsequent adjustments or changes to such data.
14If a hospital's 2015 Medicare cost report is not contained in
15the Healthcare Cost Report Information System, then the
16Illinois Department may obtain the hospital provider's
17occupied bed days and Medicare bed days from any source
18available, including, but not limited to, records maintained by
19the hospital provider, which may be inspected at all times
20during business hours of the day by the Illinois Department or
21its duly authorized agents and employees. Notwithstanding any
22other provision in this Article, for a hospital provider that
23did not have a 2015 Medicare cost report, but paid an
24assessment in State fiscal year 2018 on the basis of
25hypothetical data, that assessment amount shall be used for
26State fiscal years 2019 and 2020.

 

 

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1    (4) Subject to Sections 5A-3 and 5A-10, for the period of
2July 1, 2020 through December 31, 2020 and calendar years 2021
3and 2022, an annual assessment on inpatient services is imposed
4on each hospital provider in an amount equal to $221.50
5multiplied by the difference of the hospital's occupied bed
6days less the hospital's Medicare bed days, provided however:
7for the period of July 1, 2020 through December 31, 2020, (i)
8the assessment shall be equal to 50% of the annual amount; and
9(ii) the amount of $221.50 shall be retroactively adjusted by a
10uniform percentage to generate an amount equal to 50% of the
11Assessment Adjustment, as defined in subsection (b-7). For the
12period of July 1, 2020 through December 31, 2020 and calendar
13years 2021 and 2022, a hospital's occupied bed days and
14Medicare bed days shall be determined using the most recent
15data available from each hospital's 2015 Medicare cost report
16as contained in the Healthcare Cost Report Information System
17file, for the quarter ending on March 31, 2017, without regard
18to any subsequent adjustments or changes to such data. If a
19hospital's 2015 Medicare cost report is not contained in the
20Healthcare Cost Report Information System, then the Illinois
21Department may obtain the hospital provider's occupied bed days
22and Medicare bed days from any source available, including, but
23not limited to, records maintained by the hospital provider,
24which may be inspected at all times during business hours of
25the day by the Illinois Department or its duly authorized
26agents and employees. Should the change in the assessment

 

 

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1methodology for fiscal years 2021 through December 31, 2022 not
2be approved on or before June 30, 2020, the assessment and
3payments under this Article in effect for fiscal year 2020
4shall remain in place until the new assessment is approved. If
5the assessment methodology for July 1, 2020 through December
631, 2022, is approved on or after July 1, 2020, it shall be
7retroactive to July 1, 2020, subject to federal approval and
8provided that the payments authorized under Section 5A-12.7
9have the same effective date as the new assessment methodology.
10In giving retroactive effect to the assessment approved after
11June 30, 2020, credit toward the new assessment shall be given
12for any payments of the previous assessment for periods after
13June 30, 2020. Notwithstanding any other provision of this
14Article, for a hospital provider that did not have a 2015
15Medicare cost report, but paid an assessment in State Fiscal
16Year 2020 on the basis of hypothetical data, the data that was
17the basis for the 2020 assessment shall be used to calculate
18the assessment under this paragraph.
19    (b) (Blank).
20    (b-5)(1) Subject to Sections 5A-3 and 5A-10, for the
21portion of State fiscal year 2012, beginning June 10, 2012
22through June 30, 2012, and for State fiscal years 2013 through
232018, or as provided in Section 5A-16, an annual assessment on
24outpatient services is imposed on each hospital provider in an
25amount equal to .008766 multiplied by the hospital's outpatient
26gross revenue, provided, however, that the amount of .008766

 

 

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1shall be increased by a uniform percentage to generate an
2amount equal to 25% of the State share of the payments
3authorized under Section 5A-12.5, with such increase only
4taking effect upon the date that a State share for such
5payments is required under federal law. For the period
6beginning June 10, 2012 through June 30, 2012, the annual
7assessment on outpatient services shall be prorated by
8multiplying the assessment amount by a fraction, the numerator
9of which is 21 days and the denominator of which is 365 days.
10For the period of April through June 2015, the amount of
11.008766 used to calculate the assessment under this paragraph
12shall, by emergency rule under subsection (s) of Section 5-45
13of the Illinois Administrative Procedure Act, be increased by a
14uniform percentage to generate $6,750,000 in the aggregate for
15that period from all hospitals subject to the annual assessment
16under this paragraph.
17    (2) In addition to any other assessments imposed under this
18Article, effective July 1, 2016 and semi-annually thereafter
19through June 2018, in addition to any federally required State
20share as authorized under paragraph (1), the amount of .008766
21shall be increased by a uniform percentage to generate an
22amount equal to 25% of the ACA Assessment Adjustment, as
23defined in subsection (b-6) of this Section.
24    For the portion of State fiscal year 2012, beginning June
2510, 2012 through June 30, 2012, and State fiscal years 2013
26through 2018, or as provided in Section 5A-16, a hospital's

 

 

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1outpatient gross revenue shall be determined using the most
2recent data available from each hospital's 2009 Medicare cost
3report as contained in the Healthcare Cost Report Information
4System file, for the quarter ending on June 30, 2011, without
5regard to any subsequent adjustments or changes to such data.
6If a hospital's 2009 Medicare cost report is not contained in
7the Healthcare Cost Report Information System, then the
8Department may obtain the hospital provider's outpatient gross
9revenue from any source available, including, but not limited
10to, records maintained by the hospital provider, which may be
11inspected at all times during business hours of the day by the
12Department or its duly authorized agents and employees.
13    (3) Subject to Sections 5A-3, 5A-10, and 5A-16, for State
14fiscal years 2019 and 2020, an annual assessment on outpatient
15services is imposed on each hospital provider in an amount
16equal to .01358 multiplied by the hospital's outpatient gross
17revenue. For State fiscal years 2019 and 2020, a hospital's
18outpatient gross revenue shall be determined using the most
19recent data available from each hospital's 2015 Medicare cost
20report as contained in the Healthcare Cost Report Information
21System file, for the quarter ending on March 31, 2017, without
22regard to any subsequent adjustments or changes to such data.
23If a hospital's 2015 Medicare cost report is not contained in
24the Healthcare Cost Report Information System, then the
25Department may obtain the hospital provider's outpatient gross
26revenue from any source available, including, but not limited

 

 

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1to, records maintained by the hospital provider, which may be
2inspected at all times during business hours of the day by the
3Department or its duly authorized agents and employees.
4Notwithstanding any other provision in this Article, for a
5hospital provider that did not have a 2015 Medicare cost
6report, but paid an assessment in State fiscal year 2018 on the
7basis of hypothetical data, that assessment amount shall be
8used for State fiscal years 2019 and 2020.
9    (4) Subject to Sections 5A-3 and 5A-10, for the period of
10July 1, 2020 through December 31, 2020 and calendar years 2021
11and 2022, an annual assessment on outpatient services is
12imposed on each hospital provider in an amount equal to .01525
13multiplied by the hospital's outpatient gross revenue,
14provided however: (i) for the period of July 1, 2020 through
15December 31, 2020, the assessment shall be equal to 50% of the
16annual amount; and (ii) the amount of .01525 shall be
17retroactively adjusted by a uniform percentage to generate an
18amount equal to 50% of the Assessment Adjustment, as defined in
19subsection (b-7). For the period of July 1, 2020 through
20December 31, 2020 and calendar years 2021 and 2022, a
21hospital's outpatient gross revenue shall be determined using
22the most recent data available from each hospital's 2015
23Medicare cost report as contained in the Healthcare Cost Report
24Information System file, for the quarter ending on March 31,
252017, without regard to any subsequent adjustments or changes
26to such data. If a hospital's 2015 Medicare cost report is not

 

 

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1contained in the Healthcare Cost Report Information System,
2then the Illinois Department may obtain the hospital provider's
3outpatient revenue data from any source available, including,
4but not limited to, records maintained by the hospital
5provider, which may be inspected at all times during business
6hours of the day by the Illinois Department or its duly
7authorized agents and employees. Should the change in the
8assessment methodology above for fiscal years 2021 through
9calendar year 2022 not be approved prior to July 1, 2020, the
10assessment and payments under this Article in effect for fiscal
11year 2020 shall remain in place until the new assessment is
12approved. If the change in the assessment methodology above for
13July 1, 2020 through December 31, 2022, is approved after June
1430, 2020, it shall have a retroactive effective date of July 1,
152020, subject to federal approval and provided that the
16payments authorized under Section 12A-7 have the same effective
17date as the new assessment methodology. In giving retroactive
18effect to the assessment approved after June 30, 2020, credit
19toward the new assessment shall be given for any payments of
20the previous assessment for periods after June 30, 2020.
21Notwithstanding any other provision of this Article, for a
22hospital provider that did not have a 2015 Medicare cost
23report, but paid an assessment in State Fiscal Year 2020 on the
24basis of hypothetical data, the data that was the basis for the
252020 assessment shall be used to calculate the assessment under
26this paragraph.

 

 

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1    (b-6)(1) As used in this Section, "ACA Assessment
2Adjustment" means:
3        (A) For the period of July 1, 2016 through December 31,
4    2016, the product of .19125 multiplied by the sum of the
5    fee-for-service payments to hospitals as authorized under
6    Section 5A-12.5 and the adjustments authorized under
7    subsection (t) of Section 5A-12.2 to managed care
8    organizations for hospital services due and payable in the
9    month of April 2016 multiplied by 6.
10        (B) For the period of January 1, 2017 through June 30,
11    2017, the product of .19125 multiplied by the sum of the
12    fee-for-service payments to hospitals as authorized under
13    Section 5A-12.5 and the adjustments authorized under
14    subsection (t) of Section 5A-12.2 to managed care
15    organizations for hospital services due and payable in the
16    month of October 2016 multiplied by 6, except that the
17    amount calculated under this subparagraph (B) shall be
18    adjusted, either positively or negatively, to account for
19    the difference between the actual payments issued under
20    Section 5A-12.5 for the period beginning July 1, 2016
21    through December 31, 2016 and the estimated payments due
22    and payable in the month of April 2016 multiplied by 6 as
23    described in subparagraph (A).
24        (C) For the period of July 1, 2017 through December 31,
25    2017, the product of .19125 multiplied by the sum of the
26    fee-for-service payments to hospitals as authorized under

 

 

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1    Section 5A-12.5 and the adjustments authorized under
2    subsection (t) of Section 5A-12.2 to managed care
3    organizations for hospital services due and payable in the
4    month of April 2017 multiplied by 6, except that the amount
5    calculated under this subparagraph (C) shall be adjusted,
6    either positively or negatively, to account for the
7    difference between the actual payments issued under
8    Section 5A-12.5 for the period beginning January 1, 2017
9    through June 30, 2017 and the estimated payments due and
10    payable in the month of October 2016 multiplied by 6 as
11    described in subparagraph (B).
12        (D) For the period of January 1, 2018 through June 30,
13    2018, the product of .19125 multiplied by the sum of the
14    fee-for-service payments to hospitals as authorized under
15    Section 5A-12.5 and the adjustments authorized under
16    subsection (t) of Section 5A-12.2 to managed care
17    organizations for hospital services due and payable in the
18    month of October 2017 multiplied by 6, except that:
19            (i) the amount calculated under this subparagraph
20        (D) shall be adjusted, either positively or
21        negatively, to account for the difference between the
22        actual payments issued under Section 5A-12.5 for the
23        period of July 1, 2017 through December 31, 2017 and
24        the estimated payments due and payable in the month of
25        April 2017 multiplied by 6 as described in subparagraph
26        (C); and

 

 

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1            (ii) the amount calculated under this subparagraph
2        (D) shall be adjusted to include the product of .19125
3        multiplied by the sum of the fee-for-service payments,
4        if any, estimated to be paid to hospitals under
5        subsection (b) of Section 5A-12.5.
6    (2) The Department shall complete and apply a final
7reconciliation of the ACA Assessment Adjustment prior to June
830, 2018 to account for:
9        (A) any differences between the actual payments issued
10    or scheduled to be issued prior to June 30, 2018 as
11    authorized in Section 5A-12.5 for the period of January 1,
12    2018 through June 30, 2018 and the estimated payments due
13    and payable in the month of October 2017 multiplied by 6 as
14    described in subparagraph (D); and
15        (B) any difference between the estimated
16    fee-for-service payments under subsection (b) of Section
17    5A-12.5 and the amount of such payments that are actually
18    scheduled to be paid.
19    The Department shall notify hospitals of any additional
20amounts owed or reduction credits to be applied to the June
212018 ACA Assessment Adjustment. This is to be considered the
22final reconciliation for the ACA Assessment Adjustment.
23    (3) Notwithstanding any other provision of this Section, if
24for any reason the scheduled payments under subsection (b) of
25Section 5A-12.5 are not issued in full by the final day of the
26period authorized under subsection (b) of Section 5A-12.5,

 

 

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1funds collected from each hospital pursuant to subparagraph (D)
2of paragraph (1) and pursuant to paragraph (2), attributable to
3the scheduled payments authorized under subsection (b) of
4Section 5A-12.5 that are not issued in full by the final day of
5the period attributable to each payment authorized under
6subsection (b) of Section 5A-12.5, shall be refunded.
7    (4) The increases authorized under paragraph (2) of
8subsection (a) and paragraph (2) of subsection (b-5) shall be
9limited to the federally required State share of the total
10payments authorized under Section 5A-12.5 if the sum of such
11payments yields an annualized amount equal to or less than
12$450,000,000, or if the adjustments authorized under
13subsection (t) of Section 5A-12.2 are found not to be
14actuarially sound; however, this limitation shall not apply to
15the fee-for-service payments described in subsection (b) of
16Section 5A-12.5.
17    (b-7)(1) As used in this Section, "Assessment Adjustment"
18means:
19        (A) For the period of July 1, 2020 through December 31,
20    2020, the product of .3853 multiplied by the total of the
21    actual payments made under subsections (c) through (k) of
22    Section 5A-12.7 attributable to the period, less the total
23    of the assessment imposed under subsections (a) and (b-5)
24    of this Section for the period.
25        (B) For each calendar quarter beginning on and after
26    January 1, 2021, the product of .3853 multiplied by the

 

 

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1    total of the actual payments made under subsections (c)
2    through (k) of Section 5A-12.7 attributable to the period,
3    less the total of the assessment imposed under subsections
4    (a) and (b-5) of this Section for the period.
5    (2) The Department shall calculate and notify each hospital
6of the total Assessment Adjustment and any additional
7assessment owed by the hospital or refund owed to the hospital
8on either a semi-annual or annual basis. Such notice shall be
9issued at least 30 days prior to any period in which the
10assessment will be adjusted. Any additional assessment owed by
11the hospital or refund owed to the hospital shall be uniformly
12applied to the assessment owed by the hospital in monthly
13installments for the subsequent semi-annual period or calendar
14year. If no assessment is owed in the subsequent year, any
15amount owed by the hospital or refund due to the hospital,
16shall be paid in a lump sum.
17    (3) The Department shall publish all details of the
18Assessment Adjustment calculation performed each year on its
19website within 30 days of completing the calculation, and also
20submit the details of the Assessment Adjustment calculation as
21part of the Department's annual report to the General Assembly.
22    (c) (Blank).
23    (d) Notwithstanding any of the other provisions of this
24Section, the Department is authorized to adopt rules to reduce
25the rate of any annual assessment imposed under this Section,
26as authorized by Section 5-46.2 of the Illinois Administrative

 

 

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1Procedure Act.
2    (e) Notwithstanding any other provision of this Section,
3any plan providing for an assessment on a hospital provider as
4a permissible tax under Title XIX of the federal Social
5Security Act and Medicaid-eligible payments to hospital
6providers from the revenues derived from that assessment shall
7be reviewed by the Illinois Department of Healthcare and Family
8Services, as the Single State Medicaid Agency required by
9federal law, to determine whether those assessments and
10hospital provider payments meet federal Medicaid standards. If
11the Department determines that the elements of the plan may
12meet federal Medicaid standards and a related State Medicaid
13Plan Amendment is prepared in a manner and form suitable for
14submission, that State Plan Amendment shall be submitted in a
15timely manner for review by the Centers for Medicare and
16Medicaid Services of the United States Department of Health and
17Human Services and subject to approval by the Centers for
18Medicare and Medicaid Services of the United States Department
19of Health and Human Services. No such plan shall become
20effective without approval by the Illinois General Assembly by
21the enactment into law of related legislation. Notwithstanding
22any other provision of this Section, the Department is
23authorized to adopt rules to reduce the rate of any annual
24assessment imposed under this Section. Any such rules may be
25adopted by the Department under Section 5-50 of the Illinois
26Administrative Procedure Act.

 

 

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1(Source: P.A. 100-581, eff. 3-12-18; 101-10, eff. 6-5-19;
2101-650, eff. 7-7-20.)
 
3
Article 5.

 
4    Section 5-5. The Illinois Public Aid Code is amended by
5changing Sections 5-5.07, 5-5e.1, and 14-12 as follows:
 
6    (305 ILCS 5/5-5.07)
7    Sec. 5-5.07. Inpatient psychiatric stay; DCFS per diem
8rate. The Department of Children and Family Services shall pay
9the DCFS per diem rate for inpatient psychiatric stay at a
10free-standing psychiatric hospital effective the 11th day when
11a child is in the hospital beyond medical necessity, and the
12parent or caregiver has denied the child access to the home and
13has refused or failed to make provisions for another living
14arrangement for the child or the child's discharge is being
15delayed due to a pending inquiry or investigation by the
16Department of Children and Family Services. If any portion of a
17hospital stay is reimbursed under this Section, the hospital
18stay shall not be eligible for payment under the provisions of
19Section 14-13 of this Code. This Section is inoperative on and
20after July 1, 2021 2020 2019. Notwithstanding the provision of
21Public Act 101-209 stating that this Section is inoperative on
22and after July 1, 2020, this Section is operative from July 1,
232020 through June 30, 2021.

 

 

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1(Source: P.A. 100-646, eff. 7-27-18; reenacted by 101-15, eff.
26-14-19; reenacted by 101-209, eff. 8-5-19; revised 9-24-19.)
 
3
Article 10.

 
4    Section 10-5. The Illinois Public Aid Code is amended by
5changing Section 14-12 as follows:
 
6    (305 ILCS 5/14-12)
7    Sec. 14-12. Hospital rate reform payment system. The
8hospital payment system pursuant to Section 14-11 of this
9Article shall be as follows:
10    (a) Inpatient hospital services. Effective for discharges
11on and after July 1, 2014, reimbursement for inpatient general
12acute care services shall utilize the All Patient Refined
13Diagnosis Related Grouping (APR-DRG) software, version 30,
14distributed by 3MTM Health Information System.
15        (1) The Department shall establish Medicaid weighting
16    factors to be used in the reimbursement system established
17    under this subsection. Initial weighting factors shall be
18    the weighting factors as published by 3M Health Information
19    System, associated with Version 30.0 adjusted for the
20    Illinois experience.
21        (2) The Department shall establish a
22    statewide-standardized amount to be used in the inpatient
23    reimbursement system. The Department shall publish these

 

 

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1    amounts on its website no later than 10 calendar days prior
2    to their effective date.
3        (3) In addition to the statewide-standardized amount,
4    the Department shall develop adjusters to adjust the rate
5    of reimbursement for critical Medicaid providers or
6    services for trauma, transplantation services, perinatal
7    care, and Graduate Medical Education (GME).
8        (4) The Department shall develop add-on payments to
9    account for exceptionally costly inpatient stays,
10    consistent with Medicare outlier principles. Outlier fixed
11    loss thresholds may be updated to control for excessive
12    growth in outlier payments no more frequently than on an
13    annual basis, but at least triennially. Upon updating the
14    fixed loss thresholds, the Department shall be required to
15    update base rates within 12 months.
16        (5) The Department shall define those hospitals or
17    distinct parts of hospitals that shall be exempt from the
18    APR-DRG reimbursement system established under this
19    Section. The Department shall publish these hospitals'
20    inpatient rates on its website no later than 10 calendar
21    days prior to their effective date.
22        (6) Beginning July 1, 2014 and ending on June 30, 2024,
23    in addition to the statewide-standardized amount, the
24    Department shall develop an adjustor to adjust the rate of
25    reimbursement for safety-net hospitals defined in Section
26    5-5e.1 of this Code excluding pediatric hospitals.

 

 

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1        (7) Beginning July 1, 2014, in addition to the
2    statewide-standardized amount, the Department shall
3    develop an adjustor to adjust the rate of reimbursement for
4    Illinois freestanding inpatient psychiatric hospitals that
5    are not designated as children's hospitals by the
6    Department but are primarily treating patients under the
7    age of 21.
8        (7.5) (Blank).
9        (8) Beginning July 1, 2018, in addition to the
10    statewide-standardized amount, the Department shall adjust
11    the rate of reimbursement for hospitals designated by the
12    Department of Public Health as a Perinatal Level II or II+
13    center by applying the same adjustor that is applied to
14    Perinatal and Obstetrical care cases for Perinatal Level
15    III centers, as of December 31, 2017.
16        (9) Beginning July 1, 2018, in addition to the
17    statewide-standardized amount, the Department shall apply
18    the same adjustor that is applied to trauma cases as of
19    December 31, 2017 to inpatient claims to treat patients
20    with burns, including, but not limited to, APR-DRGs 841,
21    842, 843, and 844.
22        (10) Beginning July 1, 2018, the
23    statewide-standardized amount for inpatient general acute
24    care services shall be uniformly increased so that base
25    claims projected reimbursement is increased by an amount
26    equal to the funds allocated in paragraph (1) of subsection

 

 

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1    (b) of Section 5A-12.6, less the amount allocated under
2    paragraphs (8) and (9) of this subsection and paragraphs
3    (3) and (4) of subsection (b) multiplied by 40%.
4        (11) Beginning July 1, 2018, the reimbursement for
5    inpatient rehabilitation services shall be increased by
6    the addition of a $96 per day add-on.
7    (b) Outpatient hospital services. Effective for dates of
8service on and after July 1, 2014, reimbursement for outpatient
9services shall utilize the Enhanced Ambulatory Procedure
10Grouping (EAPG) software, version 3.7 distributed by 3MTM
11Health Information System.
12        (1) The Department shall establish Medicaid weighting
13    factors to be used in the reimbursement system established
14    under this subsection. The initial weighting factors shall
15    be the weighting factors as published by 3M Health
16    Information System, associated with Version 3.7.
17        (2) The Department shall establish service specific
18    statewide-standardized amounts to be used in the
19    reimbursement system.
20            (A) The initial statewide standardized amounts,
21        with the labor portion adjusted by the Calendar Year
22        2013 Medicare Outpatient Prospective Payment System
23        wage index with reclassifications, shall be published
24        by the Department on its website no later than 10
25        calendar days prior to their effective date.
26            (B) The Department shall establish adjustments to

 

 

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1        the statewide-standardized amounts for each Critical
2        Access Hospital, as designated by the Department of
3        Public Health in accordance with 42 CFR 485, Subpart F.
4        For outpatient services provided on or before June 30,
5        2018, the EAPG standardized amounts are determined
6        separately for each critical access hospital such that
7        simulated EAPG payments using outpatient base period
8        paid claim data plus payments under Section 5A-12.4 of
9        this Code net of the associated tax costs are equal to
10        the estimated costs of outpatient base period claims
11        data with a rate year cost inflation factor applied.
12        (3) In addition to the statewide-standardized amounts,
13    the Department shall develop adjusters to adjust the rate
14    of reimbursement for critical Medicaid hospital outpatient
15    providers or services, including outpatient high volume or
16    safety-net hospitals. Beginning July 1, 2018, the
17    outpatient high volume adjustor shall be increased to
18    increase annual expenditures associated with this adjustor
19    by $79,200,000, based on the State Fiscal Year 2015 base
20    year data and this adjustor shall apply to public
21    hospitals, except for large public hospitals, as defined
22    under 89 Ill. Adm. Code 148.25(a).
23        (4) Beginning July 1, 2018, in addition to the
24    statewide standardized amounts, the Department shall make
25    an add-on payment for outpatient expensive devices and
26    drugs. This add-on payment shall at least apply to claim

 

 

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1    lines that: (i) are assigned with one of the following
2    EAPGs: 490, 1001 to 1020, and coded with one of the
3    following revenue codes: 0274 to 0276, 0278; or (ii) are
4    assigned with one of the following EAPGs: 430 to 441, 443,
5    444, 460 to 465, 495, 496, 1090. The add-on payment shall
6    be calculated as follows: the claim line's covered charges
7    multiplied by the hospital's total acute cost to charge
8    ratio, less the claim line's EAPG payment plus $1,000,
9    multiplied by 0.8.
10        (5) Beginning July 1, 2018, the statewide-standardized
11    amounts for outpatient services shall be increased by a
12    uniform percentage so that base claims projected
13    reimbursement is increased by an amount equal to no less
14    than the funds allocated in paragraph (1) of subsection (b)
15    of Section 5A-12.6, less the amount allocated under
16    paragraphs (8) and (9) of subsection (a) and paragraphs (3)
17    and (4) of this subsection multiplied by 46%.
18        (6) Effective for dates of service on or after July 1,
19    2018, the Department shall establish adjustments to the
20    statewide-standardized amounts for each Critical Access
21    Hospital, as designated by the Department of Public Health
22    in accordance with 42 CFR 485, Subpart F, such that each
23    Critical Access Hospital's standardized amount for
24    outpatient services shall be increased by the applicable
25    uniform percentage determined pursuant to paragraph (5) of
26    this subsection. It is the intent of the General Assembly

 

 

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1    that the adjustments required under this paragraph (6) by
2    Public Act 100-1181 shall be applied retroactively to
3    claims for dates of service provided on or after July 1,
4    2018.
5        (7) Effective for dates of service on or after March 8,
6    2019 (the effective date of Public Act 100-1181), the
7    Department shall recalculate and implement an updated
8    statewide-standardized amount for outpatient services
9    provided by hospitals that are not Critical Access
10    Hospitals to reflect the applicable uniform percentage
11    determined pursuant to paragraph (5).
12            (1) Any recalculation to the
13        statewide-standardized amounts for outpatient services
14        provided by hospitals that are not Critical Access
15        Hospitals shall be the amount necessary to achieve the
16        increase in the statewide-standardized amounts for
17        outpatient services increased by a uniform percentage,
18        so that base claims projected reimbursement is
19        increased by an amount equal to no less than the funds
20        allocated in paragraph (1) of subsection (b) of Section
21        5A-12.6, less the amount allocated under paragraphs
22        (8) and (9) of subsection (a) and paragraphs (3) and
23        (4) of this subsection, for all hospitals that are not
24        Critical Access Hospitals, multiplied by 46%.
25            (2) It is the intent of the General Assembly that
26        the recalculations required under this paragraph (7)

 

 

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1        by Public Act 100-1181 shall be applied prospectively
2        to claims for dates of service provided on or after
3        March 8, 2019 (the effective date of Public Act
4        100-1181) and that no recoupment or repayment by the
5        Department or an MCO of payments attributable to
6        recalculation under this paragraph (7), issued to the
7        hospital for dates of service on or after July 1, 2018
8        and before March 8, 2019 (the effective date of Public
9        Act 100-1181), shall be permitted.
10        (8) The Department shall ensure that all necessary
11    adjustments to the managed care organization capitation
12    base rates necessitated by the adjustments under
13    subparagraph (6) or (7) of this subsection are completed
14    and applied retroactively in accordance with Section
15    5-30.8 of this Code within 90 days of March 8, 2019 (the
16    effective date of Public Act 100-1181).
17        (9) Within 60 days after federal approval of the change
18    made to the assessment in Section 5A-2 by this amendatory
19    Act of the 101st General Assembly, the Department shall
20    incorporate into the EAPG system for outpatient services
21    those services performed by hospitals currently billed
22    through the Non-Institutional Provider billing system.
23    (c) In consultation with the hospital community, the
24Department is authorized to replace 89 Ill. Admin. Code 152.150
25as published in 38 Ill. Reg. 4980 through 4986 within 12 months
26of June 16, 2014 (the effective date of Public Act 98-651). If

 

 

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1the Department does not replace these rules within 12 months of
2June 16, 2014 (the effective date of Public Act 98-651), the
3rules in effect for 152.150 as published in 38 Ill. Reg. 4980
4through 4986 shall remain in effect until modified by rule by
5the Department. Nothing in this subsection shall be construed
6to mandate that the Department file a replacement rule.
7    (d) Transition period. There shall be a transition period
8to the reimbursement systems authorized under this Section that
9shall begin on the effective date of these systems and continue
10until June 30, 2018, unless extended by rule by the Department.
11To help provide an orderly and predictable transition to the
12new reimbursement systems and to preserve and enhance access to
13the hospital services during this transition, the Department
14shall allocate a transitional hospital access pool of at least
15$290,000,000 annually so that transitional hospital access
16payments are made to hospitals.
17        (1) After the transition period, the Department may
18    begin incorporating the transitional hospital access pool
19    into the base rate structure; however, the transitional
20    hospital access payments in effect on June 30, 2018 shall
21    continue to be paid, if continued under Section 5A-16.
22        (2) After the transition period, if the Department
23    reduces payments from the transitional hospital access
24    pool, it shall increase base rates, develop new adjustors,
25    adjust current adjustors, develop new hospital access
26    payments based on updated information, or any combination

 

 

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1    thereof by an amount equal to the decreases proposed in the
2    transitional hospital access pool payments, ensuring that
3    the entire transitional hospital access pool amount shall
4    continue to be used for hospital payments.
5    (d-5) Hospital and health care transformation program. The
6Department shall develop a hospital and health care
7transformation program to provide financial assistance to
8hospitals in transforming their services and care models to
9better align with the needs of the communities they serve. The
10payments authorized in this Section shall be subject to
11approval by the federal government.
12        (1) Phase 1. In State fiscal years 2019 through 2020,
13    the Department shall allocate funds from the transitional
14    access hospital pool to create a hospital transformation
15    pool of at least $262,906,870 annually and make hospital
16    transformation payments to hospitals. Subject to Section
17    5A-16, in State fiscal years 2019 and 2020, an Illinois
18    hospital that received either a transitional hospital
19    access payment under subsection (d) or a supplemental
20    payment under subsection (f) of this Section in State
21    fiscal year 2018, shall receive a hospital transformation
22    payment as follows:
23            (A) If the hospital's Rate Year 2017 Medicaid
24        inpatient utilization rate is equal to or greater than
25        45%, the hospital transformation payment shall be
26        equal to 100% of the sum of its transitional hospital

 

 

10100SB1510ham003- 29 -LRB101 08498 KTG 74902 a

1        access payment authorized under subsection (d) and any
2        supplemental payment authorized under subsection (f).
3            (B) If the hospital's Rate Year 2017 Medicaid
4        inpatient utilization rate is equal to or greater than
5        25% but less than 45%, the hospital transformation
6        payment shall be equal to 75% of the sum of its
7        transitional hospital access payment authorized under
8        subsection (d) and any supplemental payment authorized
9        under subsection (f).
10            (C) If the hospital's Rate Year 2017 Medicaid
11        inpatient utilization rate is less than 25%, the
12        hospital transformation payment shall be equal to 50%
13        of the sum of its transitional hospital access payment
14        authorized under subsection (d) and any supplemental
15        payment authorized under subsection (f).
16        (2) Phase 2.
17            (A) The funding amount from phase one shall be
18        incorporated into directed payment and pass-through
19        payment methodologies described in Section 5A-12.7.
20            (B) Because there are communities in Illinois that
21        experience significant health care disparities due to
22        systemic racism, as recently emphasized by the
23        COVID-19 pandemic, aggravated by social determinants
24        of health and a lack of sufficiently allocated
25        healthcare resources, particularly community-based
26        services, preventive care, obstetric care, chronic

 

 

10100SB1510ham003- 30 -LRB101 08498 KTG 74902 a

1        disease management, and specialty care, the Department
2        shall establish a health care transformation program
3        that shall be supported by the transformation funding
4        pool. It is the intention of the General Assembly that
5        innovative partnerships funded by the pool must be
6        designed to establish or improve integrated health
7        care delivery systems that will provide significant
8        access to the Medicaid and uninsured populations in
9        their communities, as well as improve health care
10        equity. It is also the intention of the General
11        Assembly that partnerships recognize and address the
12        disparities revealed by the COVID-19 pandemic, as well
13        as the need for post-COVID care. During State fiscal
14        years 2021 through 2027, the hospital and health care
15        transformation program shall be supported by an annual
16        transformation funding pool of up to $150,000,000,
17        pending federal matching funds, to be allocated during
18        the specified fiscal years for the purpose of
19        facilitating hospital and health care transformation.
20        No disbursement of moneys for transformation projects
21        from the transformation funding pool described under
22        this Section shall be considered an award, a grant, or
23        an expenditure of grant funds. Funding agreements made
24        in accordance with the transformation program shall be
25        considered purchases of care under the Illinois
26        Procurement Code, and funds shall be expended by the

 

 

10100SB1510ham003- 31 -LRB101 08498 KTG 74902 a

1        Department in a manner that maximizes federal funding
2        to expend the entire allocated amount.
3            The Department shall convene, within 30 days after
4        the effective date of this amendatory Act of the 101st
5        General Assembly, a workgroup that includes subject
6        matter experts on healthcare disparities and
7        stakeholders from distressed communities, which could
8        be a subcommittee of the Medicaid Advisory Committee,
9        to review and provide recommendations on how
10        Department policy, including health care
11        transformation, can improve health disparities and the
12        impact on communities disproportionately affected by
13        COVID-19. The workgroup shall consider and make
14        recommendations on the following issues: a community
15        safety-net designation of certain hospitals, racial
16        equity, and a regional partnership to bring additional
17        specialty services to communities. Whereas there are
18        communities in Illinois that suffer from significant
19        health care disparities aggravated by social
20        determinants of health and a lack of sufficiently
21        allocated healthcare resources, particularly
22        community-based services and preventive care, there is
23        established a new hospital and health care
24        transformation program, which shall be supported by a
25        transformation funding pool. An application for
26        funding from the hospital and health care

 

 

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1        transformation program may incorporate the campus of a
2        hospital closed after January 1, 2018 or a hospital
3        that has provided notice of its intent to close
4        pursuant to Section 8.7 of the Illinois Health
5        Facilities Planning Act. During State Fiscal Years
6        2021 through 2023, the hospital and health care
7        transformation program shall be supported by an annual
8        transformation funding pool of at least $150,000,000
9        to be allocated during the specified fiscal years for
10        the purpose of facilitating hospital and health care
11        transformation. The Department shall not allocate
12        funds associated with the hospital and health care
13        transformation pool as established in this
14        subparagraph until the General Assembly has
15        established in law or resolution, further criteria for
16        dispersal or allocation of those funds after the
17        effective date of this amendatory Act of 101st General
18        Assembly.
19            (C) As provided in paragraph (9) of Section 3 of
20        the Illinois Health Facilities Planning Act, any
21        hospital participating in the transformation program
22        may be excluded from the requirements of the Illinois
23        Health Facilities Planning Act for those projects
24        related to the hospital's transformation. To be
25        eligible, the hospital must submit to the Health
26        Facilities and Services Review Board approval from the

 

 

10100SB1510ham003- 33 -LRB101 08498 KTG 74902 a

1        Department that the project is a part of the hospital's
2        transformation.
3            (D) As provided in subsection (a-20) of Section
4        32.5 of the Emergency Medical Services (EMS) Systems
5        Act, a hospital that received hospital transformation
6        payments under this Section may convert to a
7        freestanding emergency center. To be eligible for such
8        a conversion, the hospital must submit to the
9        Department of Public Health approval from the
10        Department that the project is a part of the hospital's
11        transformation.
12            (E) Criteria for proposals. To be eligible for
13        funding under this Section, a transformation proposal
14        shall meet all of the following criteria:
15                (i) the proposal shall be designed based on
16            community needs assessment completed by either a
17            University partner or other qualified entity with
18            significant community input;
19                (ii) the proposal shall be a collaboration
20            among providers across the care and community
21            spectrum, including preventative care, primary
22            care specialty care, hospital services, mental
23            health and substance abuse services, as well as
24            community-based entities that address the social
25            determinants of health;
26                (iii) the proposal shall be specifically

 

 

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1            designed to improve healthcare outcomes and reduce
2            healthcare disparities, and improve the
3            coordination, effectiveness, and efficiency of
4            care delivery;
5                (iv) the proposal shall have specific
6            measurable metrics related to disparities that
7            will be tracked by the Department and made public
8            by the Department;
9                (v) the proposal shall include a commitment to
10            include Business Enterprise Program certified
11            vendors or other entities controlled and managed
12            by minorities or women; and
13                (vi) the proposal shall specifically increase
14            access to primary, preventive, or specialty care.
15            (F) Entities eligible to be funded.
16                (i) Proposals for funding should come from
17            collaborations operating in one of the most
18            distressed communities in Illinois as determined
19            by the U.S. Centers for Disease Control and
20            Prevention's Social Vulnerability Index for
21            Illinois and areas disproportionately impacted by
22            COVID-19 or from rural areas of Illinois.
23                (ii) The Department shall prioritize
24            partnerships from distressed communities, which
25            include Business Enterprise Program certified
26            vendors or other entities controlled and managed

 

 

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1            by minorities or women and also include one or more
2            of the following: safety-net hospitals, critical
3            access hospitals, the campuses of hospitals that
4            have closed since January 1, 2018, or other
5            healthcare providers designed to address specific
6            healthcare disparities, including the impact of
7            COVID-19 on individuals and the community and the
8            need for post-COVID care. All funded proposals
9            must include specific measurable goals and metrics
10            related to improved outcomes and reduced
11            disparities which shall be tracked by the
12            Department.
13                (iii) The Department should target the funding
14            in the following ways: $30,000,000 of
15            transformation funds to projects that are a
16            collaboration between a safety-net hospital,
17            particularly community safety-net hospitals, and
18            other providers and designed to address specific
19            healthcare disparities, $20,000,000 of
20            transformation funds to collaborations between
21            safety-net hospitals and a larger hospital partner
22            that increases specialty care in distressed
23            communities, $30,000,000 of transformation funds
24            to projects that are a collaboration between
25            hospitals and other providers in distressed areas
26            of the State designed to address specific

 

 

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1            healthcare disparities, $15,000,000 to
2            collaborations between critical access hospitals
3            and other providers designed to address specific
4            healthcare disparities, and $15,000,000 to
5            cross-provider collaborations designed to address
6            specific healthcare disparities, and $5,000,000 to
7            collaborations that focus on workforce
8            development.
9                (iv) The Department may allocate up to
10            $5,000,000 for planning, racial equity analysis,
11            or consulting resources for the Department or
12            entities without the resources to develop a plan to
13            meet the criteria of this Section. Any contract for
14            consulting services issued by the Department under
15            this subparagraph shall comply with the provisions
16            of Section 5-45 of the State Officials and
17            Employees Ethics Act. Based on availability of
18            federal funding, the Department may directly
19            procure consulting services or provide funding to
20            the collaboration. The provision of resources
21            under this subparagraph is not a guarantee that a
22            project will be approved.
23                (v) The Department shall take steps to ensure
24            that safety-net hospitals operating in
25            under-resourced communities receive priority
26            access to hospital and healthcare transformation

 

 

10100SB1510ham003- 37 -LRB101 08498 KTG 74902 a

1            funds, including consulting funds, as provided
2            under this Section.
3            (G) Process for submitting and approving projects
4        for distressed communities. The Department shall issue
5        a template for application. The Department shall post
6        any proposal received on the Department's website for
7        at least 2 weeks for public comment, and any such
8        public comment shall also be considered in the review
9        process. Applicants may request that proprietary
10        financial information be redacted from publicly posted
11        proposals and the Department in its discretion may
12        agree. Proposals for each distressed community must
13        include all of the following:
14                (i) A detailed description of how the project
15            intends to affect the goals outlined in this
16            subsection, describing new interventions, new
17            technology, new structures, and other changes to
18            the healthcare delivery system planned.
19                (ii) A detailed description of the racial and
20            ethnic makeup of the entities' board and
21            leadership positions and the salaries of the
22            executive staff of entities in the partnership
23            that is seeking to obtain funding under this
24            Section.
25                (iii) A complete budget, including an overall
26            timeline and a detailed pathway to sustainability

 

 

10100SB1510ham003- 38 -LRB101 08498 KTG 74902 a

1            within a 5-year period, specifying other sources
2            of funding, such as in-kind, cost-sharing, or
3            private donations, particularly for capital needs.
4            There is an expectation that parties to the
5            transformation project dedicate resources to the
6            extent they are able and that these expectations
7            are delineated separately for each entity in the
8            proposal.
9                (iv) A description of any new entities formed
10            or other legal relationships between collaborating
11            entities and how funds will be allocated among
12            participants.
13                (v) A timeline showing the evolution of sites
14            and specific services of the project over a 5-year
15            period, including services available to the
16            community by site.
17                (vi) Clear milestones indicating progress
18            toward the proposed goals of the proposal as
19            checkpoints along the way to continue receiving
20            funding. The Department is authorized to refine
21            these milestones in agreements, and is authorized
22            to impose reasonable penalties, including
23            repayment of funds, for substantial lack of
24            progress.
25                (vii) A clear statement of the level of
26            commitment the project will include for minorities

 

 

10100SB1510ham003- 39 -LRB101 08498 KTG 74902 a

1            and women in contracting opportunities, including
2            as equity partners where applicable, or as
3            subcontractors and suppliers in all phases of the
4            project.
5                (viii) If the community study utilized is not
6            the study commissioned and published by the
7            Department, the applicant must define the
8            methodology used, including documentation of clear
9            community participation.
10                (ix) A description of the process used in
11            collaborating with all levels of government in the
12            community served in the development of the
13            project, including, but not limited to,
14            legislators and officials of other units of local
15            government.
16                (x) Documentation of a community input process
17            in the community served, including links to
18            proposal materials on public websites.
19                (xi) Verifiable project milestones and quality
20            metrics that will be impacted by transformation.
21            These project milestones and quality metrics must
22            be identified with improvement targets that must
23            be met.
24                (xii) Data on the number of existing employees
25            by various job categories and wage levels by the
26            zip code of the employees' residence and

 

 

10100SB1510ham003- 40 -LRB101 08498 KTG 74902 a

1            benchmarks for the continued maintenance and
2            improvement of these levels. The proposal must
3            also describe any retraining or other workforce
4            development planned for the new project.
5                (xiii) If a new entity is created by the
6            project, a description of how the board will be
7            reflective of the community served by the
8            proposal.
9                (xiv) An explanation of how the proposal will
10            address the existing disparities that exacerbated
11            the impact of COVID-19 and the need for post-COVID
12            care in the community, if applicable.
13                (xv) An explanation of how the proposal is
14            designed to increase access to care, including
15            specialty care based upon the community's needs.
16            (H) The Department shall evaluate proposals for
17        compliance with the criteria listed under subparagraph
18        (G). Proposals meeting all of the criteria may be
19        eligible for funding with the areas of focus
20        prioritized as described in item (ii) of subparagraph
21        (F). Based on the funds available, the Department may
22        negotiate funding agreements with approved applicants
23        to maximize federal funding. Nothing in this
24        subsection requires that an approved project be funded
25        to the level requested. Agreements shall specify the
26        amount of funding anticipated annually, the

 

 

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1        methodology of payments, the limit on the number of
2        years such funding may be provided, and the milestones
3        and quality metrics that must be met by the projects in
4        order to continue to receive funding during each year
5        of the program. Agreements shall specify the terms and
6        conditions under which a health care facility that
7        receives funds under a purchase of care agreement and
8        closes in violation of the terms of the agreement must
9        pay an early closure fee no greater than 50% of the
10        funds it received under the agreement, prior to the
11        Health Facilities and Services Review Board
12        considering an application for closure of the
13        facility. Any project that is funded shall be required
14        to provide quarterly written progress reports, in a
15        form prescribed by the Department, and at a minimum
16        shall include the progress made in achieving any
17        milestones or metrics or Business Enterprise Program
18        commitments in its plan. The Department may reduce or
19        end payments, as set forth in transformation plans, if
20        milestones or metrics or Business Enterprise Program
21        commitments are not achieved. The Department shall
22        seek to make payments from the transformation fund in a
23        manner that is eligible for federal matching funds.
24            In reviewing the proposals, the Department shall
25        take into account the needs of the community, data from
26        the study commissioned by the Department from the

 

 

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1        University of Illinois-Chicago if applicable, feedback
2        from public comment on the Department's website, as
3        well as how the proposal meets the criteria listed
4        under subparagraph (G). Alignment with the
5        Department's overall strategic initiatives shall be an
6        important factor. To the extent that fiscal year
7        funding is not adequate to fund all eligible projects
8        that apply, the Department shall prioritize
9        applications that most comprehensively and effectively
10        address the criteria listed under subparagraph (G).
11        (3) (Blank).
12        (4) Hospital Transformation Review Committee. There is
13    created the Hospital Transformation Review Committee. The
14    Committee shall consist of 14 members. No later than 30
15    days after March 12, 2018 (the effective date of Public Act
16    100-581), the 4 legislative leaders shall each appoint 3
17    members; the Governor shall appoint the Director of
18    Healthcare and Family Services, or his or her designee, as
19    a member; and the Director of Healthcare and Family
20    Services shall appoint one member. Any vacancy shall be
21    filled by the applicable appointing authority within 15
22    calendar days. The members of the Committee shall select a
23    Chair and a Vice-Chair from among its members, provided
24    that the Chair and Vice-Chair cannot be appointed by the
25    same appointing authority and must be from different
26    political parties. The Chair shall have the authority to

 

 

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1    establish a meeting schedule and convene meetings of the
2    Committee, and the Vice-Chair shall have the authority to
3    convene meetings in the absence of the Chair. The Committee
4    may establish its own rules with respect to meeting
5    schedule, notice of meetings, and the disclosure of
6    documents; however, the Committee shall not have the power
7    to subpoena individuals or documents and any rules must be
8    approved by 9 of the 14 members. The Committee shall
9    perform the functions described in this Section and advise
10    and consult with the Director in the administration of this
11    Section. In addition to reviewing and approving the
12    policies, procedures, and rules for the hospital and health
13    care transformation program, the Committee shall consider
14    and make recommendations related to qualifying criteria
15    and payment methodologies related to safety-net hospitals
16    and children's hospitals. Members of the Committee
17    appointed by the legislative leaders shall be subject to
18    the jurisdiction of the Legislative Ethics Commission, not
19    the Executive Ethics Commission, and all requests under the
20    Freedom of Information Act shall be directed to the
21    applicable Freedom of Information officer for the General
22    Assembly. The Department shall provide operational support
23    to the Committee as necessary. The Committee is dissolved
24    on April 1, 2019.
25    (e) Beginning 36 months after initial implementation, the
26Department shall update the reimbursement components in

 

 

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1subsections (a) and (b), including standardized amounts and
2weighting factors, and at least triennially and no more
3frequently than annually thereafter. The Department shall
4publish these updates on its website no later than 30 calendar
5days prior to their effective date.
6    (f) Continuation of supplemental payments. Any
7supplemental payments authorized under Illinois Administrative
8Code 148 effective January 1, 2014 and that continue during the
9period of July 1, 2014 through December 31, 2014 shall remain
10in effect as long as the assessment imposed by Section 5A-2
11that is in effect on December 31, 2017 remains in effect.
12    (g) Notwithstanding subsections (a) through (f) of this
13Section and notwithstanding the changes authorized under
14Section 5-5b.1, any updates to the system shall not result in
15any diminishment of the overall effective rates of
16reimbursement as of the implementation date of the new system
17(July 1, 2014). These updates shall not preclude variations in
18any individual component of the system or hospital rate
19variations. Nothing in this Section shall prohibit the
20Department from increasing the rates of reimbursement or
21developing payments to ensure access to hospital services.
22Nothing in this Section shall be construed to guarantee a
23minimum amount of spending in the aggregate or per hospital as
24spending may be impacted by factors, including, but not limited
25to, the number of individuals in the medical assistance program
26and the severity of illness of the individuals.

 

 

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1    (h) The Department shall have the authority to modify by
2rulemaking any changes to the rates or methodologies in this
3Section as required by the federal government to obtain federal
4financial participation for expenditures made under this
5Section.
6    (i) Except for subsections (g) and (h) of this Section, the
7Department shall, pursuant to subsection (c) of Section 5-40 of
8the Illinois Administrative Procedure Act, provide for
9presentation at the June 2014 hearing of the Joint Committee on
10Administrative Rules (JCAR) additional written notice to JCAR
11of the following rules in order to commence the second notice
12period for the following rules: rules published in the Illinois
13Register, rule dated February 21, 2014 at 38 Ill. Reg. 4559
14(Medical Payment), 4628 (Specialized Health Care Delivery
15Systems), 4640 (Hospital Services), 4932 (Diagnostic Related
16Grouping (DRG) Prospective Payment System (PPS)), and 4977
17(Hospital Reimbursement Changes), and published in the
18Illinois Register dated March 21, 2014 at 38 Ill. Reg. 6499
19(Specialized Health Care Delivery Systems) and 6505 (Hospital
20Services).
21    (j) Out-of-state hospitals. Beginning July 1, 2018, for
22purposes of determining for State fiscal years 2019 and 2020
23and subsequent fiscal years the hospitals eligible for the
24payments authorized under subsections (a) and (b) of this
25Section, the Department shall include out-of-state hospitals
26that are designated a Level I pediatric trauma center or a

 

 

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1Level I trauma center by the Department of Public Health as of
2December 1, 2017.
3    (k) The Department shall notify each hospital and managed
4care organization, in writing, of the impact of the updates
5under this Section at least 30 calendar days prior to their
6effective date.
7(Source: P.A. 100-581, eff. 3-12-18; 100-1181, eff. 3-8-19;
8101-81, eff. 7-12-19; 101-650, eff. 7-7-20.)
 
9
Article 13.

 
10    Section 13-5. The Illinois Public Aid Code is amended by
11changing Section 12-4.53 as follows:
 
12    (305 ILCS 5/12-4.53)
13    Sec. 12-4.53. Prospective Payment System (PPS) rates.
14Effective January 1, 2021, and subsequent years, based on
15specific appropriation, the Prospective Payment System (PPS)
16rates for FQHCs shall be increased based on the cost principles
17found at 45 Code of Federal Regulations Part 75 or its
18successor. Such rates shall be increased by using any of the
19following methods: reducing the current minimum productivity
20and efficiency standards no lower than 3500 encounters per FTE
21physician; increasing the statewide median cost cap from 105%
22to 120%, or a one-time re-basing of rates utilizing 2018 FQHC
23cost reports, or another alternative payment method acceptable

 

 

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1to the Centers for Medicare and Medicaid Services and the
2FQHCs, including an across the board percentage increase to
3existing rates.
4(Source: P.A. 101-636, eff. 6-10-20.)
 
5
Article 15.

 
6    Section 15-1. Short title. This Act may be cited as the
7COVID-19 Medically Necessary Diagnostic Testing Act.
 
8    Section 15-5. Findings. The General Assembly finds that
9COVID-19 has infected hundreds of thousands of Illinois
10residents and taken the lives of tens of thousands all within
11less than a year's time. Nursing home residents are at
12particular risk of the virus due to many factors, and routine
13testing among residents and staff is critical to control the
14spread within facilities. Nursing facilities are required by
15federal and State regulation to conduct COVID-19 routine
16testing at specified intervals.
17    The General Assembly finds that some insurance companies
18are denying coverage of routine COVID-19 testing for insured
19staff because it is not deemed medically necessary.
20    The General Assembly also finds that diagnostic testing for
21COVID-19 is a medically necessary basic health care service for
22nursing home employees, regardless of whether the employee has
23symptoms of COVID-19 infection or is asymptomatic, or whether

 

 

10100SB1510ham003- 48 -LRB101 08498 KTG 74902 a

1the employee has a known or suspected exposure to a person with
2COVID-19.
3    The General Assembly therefore finds and declares that
4routine COVID-19 testing of nursing home facility employees, as
5mandated by State or federal laws, rules, regulations, or
6guidance, is medically necessary and insurance companies must
7cover the cost associated with such testing.
 
8    Section 15-10. Applicability. This Act applies to
9companies as defined in subsection (e) of Section 2 of the
10Illinois Insurance Code, which offer insurance policies and
11coverage to employees of long-term care facilities as defined
12in Section 1-113 of the Nursing Home Care Act.
 
13    Section 15-15. Definitions.
14    "COVID-19" means the disease caused by SARS-CoV-2 or any
15further mutation.
16    "Diagnostic testing" means testing administered for the
17purposes of diagnosing COVID-19 or a related virus and the
18administration of such tests if the test is:
19        (1) approved, cleared, or authorized under Section
20    510(k), 513, 515, or 564 of the Federal Food, Drug, and
21    Cosmetic Act (21 U.S.C. 360(k), 360c, 360e, and 360bbb-3);
22        (2) the subject of a request or intended request for
23    emergency use authorization under Section 564 of the
24    Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3),

 

 

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1    until the emergency use authorization request has been
2    denied or the developer of the test does not submit a
3    request within a reasonable timeframe;
4        (3) developed and authorized by a state that has
5    notified the Secretary of the United States Department of
6    Health and Human Services of its intention to review a test
7    intended to diagnose COVID-19; or
8        (4) determined by the Secretary of the United States
9    Department of Health and Human Services or the Director of
10    the Centers for Disease Control and Prevention as
11    appropriate for the diagnosis of COVID-19.
12    "Enrollee" means a nursing home employee who is covered by
13a health plan.
14    "Health plan" means all policies, contracts, and
15certificates of health insurance coverage that are or will be
16enforced, issued, delivered, amended, or renewed in this State
17and subject to the authority of the Director of Insurance under
18any insurance law.
19    "Nursing home employee" means anyone employed by or under
20contract with a long-term care facility as defined in Section
211-113 of the Nursing Home Care Act, or under contract with a
22third party to provide services within a long-term care
23facility.
24    "Testing provider" means any professional person,
25organization, health facility, or other person or institution
26licensed or authorized by the State to deliver or furnish

 

 

10100SB1510ham003- 50 -LRB101 08498 KTG 74902 a

1COVID-19 diagnostic tests. Testing providers include
2physicians and other primary care providers; urgent care
3centers; State-run or county-run clinics or testing sites;
4pharmacies; university laboratories; hospital emergency
5departments; skilled nursing facilities; and any other
6outpatient provider setting for which the diagnosis of COVID-19
7is within the scope of the provider's State licensure or
8authorization.
 
9    Section 15-20. Diagnostic testing.
10    (a) A health plan shall not impose utilization management
11requirements on COVID-19 diagnostic tests for nursing home
12employees.
13    (b) A health plan may inquire as to whether an enrollee is
14a nursing home employee as defined in this Act, but shall
15require no further evidence or verification of the enrollee's
16nursing home employee status when determining whether the
17enrollee is a nursing home employee.
18    (c) Medically necessary COVID-19 testing is urgent care,
19and health plans shall not extend the applicable wait time for
20a COVID-19 testing appointment, even if such an extension would
21otherwise be permitted.
22    (d) A health plan shall reimburse the testing provider for
23medically necessary COVID-19 testing at the contracted rate if
24the health plan has a contract with the testing provider. If
25the health plan and the testing provider do not have a contract

 

 

10100SB1510ham003- 51 -LRB101 08498 KTG 74902 a

1that encompasses COVID-19 testing, the health plan shall
2reimburse the provider at the provider's cash price, when
3required by federal law. In all other instances, the health
4plan shall reimburse the provider for the reasonable and
5customary value of the services.
6    (e) Changes to a contract between a health plan and a
7provider delegating financial risk for COVID-19 diagnostic
8testing, including related items and services, shall be
9considered a material change to the parties' contract. A health
10plan shall not delegate the financial risk to a contracted
11provider for the cost of the enrollee services provided under
12this Section unless the parties have negotiated and agreed upon
13a new provision of the parties' contract.
14    (f) The timeframes specified in the Illinois Insurance Code
15apply for the submission and payment of claims for COVID-19
16diagnostic testing and related items and services. A health
17plan shall not delay or deny payment of a testing provider's
18claim for services received by an enrollee in accordance with
19this Section.
20    (g) For purposes of the submission of claims in accordance
21with this Section, "provider" includes the State of Illinois,
22university laboratories, and State-run or county-run clinics
23or other testing sites.
24    (h) Failure by a health plan to comply with the
25requirements of this Act may constitute a basis for
26disciplinary action against the health plan. The Director of

 

 

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1Insurance shall have all the civil, criminal, and
2administrative remedies available under the Illinois Insurance
3Code.
 
4
Article 30.

 
5    Section 30-5. The Nursing Home Care Act is amended by
6changing Section 3-206 as follows:
 
7    (210 ILCS 45/3-206)  (from Ch. 111 1/2, par. 4153-206)
8    Sec. 3-206. The Department shall prescribe a curriculum for
9training nursing assistants, habilitation aides, and child
10care aides.
11    (a) No person, except a volunteer who receives no
12compensation from a facility and is not included for the
13purpose of meeting any staffing requirements set forth by the
14Department, shall act as a nursing assistant, habilitation
15aide, or child care aide in a facility, nor shall any person,
16under any other title, not licensed, certified, or registered
17to render medical care by the Department of Financial and
18Professional Regulation, assist with the personal, medical, or
19nursing care of residents in a facility, unless such person
20meets the following requirements:
21        (1) Be at least 16 years of age, of temperate habits
22    and good moral character, honest, reliable and
23    trustworthy.

 

 

10100SB1510ham003- 53 -LRB101 08498 KTG 74902 a

1        (2) Be able to speak and understand the English
2    language or a language understood by a substantial
3    percentage of the facility's residents.
4        (3) Provide evidence of employment or occupation, if
5    any, and residence for 2 years prior to his present
6    employment.
7        (4) Have completed at least 8 years of grade school or
8    provide proof of equivalent knowledge.
9        (5) Begin a current course of training for nursing
10    assistants, habilitation aides, or child care aides,
11    approved by the Department, within 45 days of initial
12    employment in the capacity of a nursing assistant,
13    habilitation aide, or child care aide at any facility. Such
14    courses of training shall be successfully completed within
15    120 days of initial employment in the capacity of nursing
16    assistant, habilitation aide, or child care aide at a
17    facility. Nursing assistants, habilitation aides, and
18    child care aides who are enrolled in approved courses in
19    community colleges or other educational institutions on a
20    term, semester or trimester basis, shall be exempt from the
21    120-day completion time limit. The Department shall adopt
22    rules for such courses of training. These rules shall
23    include procedures for facilities to carry on an approved
24    course of training within the facility. The Department
25    shall allow an individual to satisfy the supervised
26    clinical experience requirement for placement on the

 

 

10100SB1510ham003- 54 -LRB101 08498 KTG 74902 a

1    Health Care Worker Registry under 77 Ill. Adm. Code 300.663
2    through supervised clinical experience at an assisted
3    living establishment licensed under the Assisted Living
4    and Shared Housing Act. The Department shall adopt rules
5    requiring that the Health Care Worker Registry include
6    information identifying where an individual on the Health
7    Care Worker Registry received his or her clinical training.
8        The Department may accept comparable training in lieu
9    of the 120-hour course for student nurses, foreign nurses,
10    military personnel, or employees of the Department of Human
11    Services.
12        The Department shall accept on-the-job experience in
13    lieu of clinical training from any individual who
14    participated in the temporary nursing assistant program
15    during the COVID-19 pandemic before the end date of the
16    temporary nursing assistant program and left the program in
17    good standing, and the Department shall notify all approved
18    certified nurse assistant training programs in the State of
19    this requirement. The individual shall receive one hour of
20    credit for every hour employed as a temporary nursing
21    assistant, up to 40 total hours, and shall be permitted 90
22    days after the end date of the temporary nursing assistant
23    program to enroll in an approved certified nursing
24    assistant training program and 240 days to successfully
25    complete the certified nursing assistant training program.
26    Temporary nursing assistants who enroll in a certified

 

 

10100SB1510ham003- 55 -LRB101 08498 KTG 74902 a

1    nursing assistant training program within 90 days of the
2    end of the temporary nursing assistant program may continue
3    to work as a nursing assistant for up to 240 days after
4    enrollment in the certified nursing assistant training
5    program. As used in this Section, "temporary nursing
6    assistant program" means the program implemented by the
7    Department of Public Health by emergency rule, as listed in
8    44 Ill. Reg. 7936, effective April 21, 2020.
9        The facility shall develop and implement procedures,
10    which shall be approved by the Department, for an ongoing
11    review process, which shall take place within the facility,
12    for nursing assistants, habilitation aides, and child care
13    aides.
14        At the time of each regularly scheduled licensure
15    survey, or at the time of a complaint investigation, the
16    Department may require any nursing assistant, habilitation
17    aide, or child care aide to demonstrate, either through
18    written examination or action, or both, sufficient
19    knowledge in all areas of required training. If such
20    knowledge is inadequate the Department shall require the
21    nursing assistant, habilitation aide, or child care aide to
22    complete inservice training and review in the facility
23    until the nursing assistant, habilitation aide, or child
24    care aide demonstrates to the Department, either through
25    written examination or action, or both, sufficient
26    knowledge in all areas of required training.

 

 

10100SB1510ham003- 56 -LRB101 08498 KTG 74902 a

1        (6) Be familiar with and have general skills related to
2    resident care.
3    (a-0.5) An educational entity, other than a secondary
4school, conducting a nursing assistant, habilitation aide, or
5child care aide training program shall initiate a criminal
6history record check in accordance with the Health Care Worker
7Background Check Act prior to entry of an individual into the
8training program. A secondary school may initiate a criminal
9history record check in accordance with the Health Care Worker
10Background Check Act at any time during or after a training
11program.
12    (a-1) Nursing assistants, habilitation aides, or child
13care aides seeking to be included on the Health Care Worker
14Registry under the Health Care Worker Background Check Act on
15or after January 1, 1996 must authorize the Department of
16Public Health or its designee to request a criminal history
17record check in accordance with the Health Care Worker
18Background Check Act and submit all necessary information. An
19individual may not newly be included on the Health Care Worker
20Registry unless a criminal history record check has been
21conducted with respect to the individual.
22    (b) Persons subject to this Section shall perform their
23duties under the supervision of a licensed nurse.
24    (c) It is unlawful for any facility to employ any person in
25the capacity of nursing assistant, habilitation aide, or child
26care aide, or under any other title, not licensed by the State

 

 

10100SB1510ham003- 57 -LRB101 08498 KTG 74902 a

1of Illinois to assist in the personal, medical, or nursing care
2of residents in such facility unless such person has complied
3with this Section.
4    (d) Proof of compliance by each employee with the
5requirements set out in this Section shall be maintained for
6each such employee by each facility in the individual personnel
7folder of the employee. Proof of training shall be obtained
8only from the Health Care Worker Registry.
9    (e) Each facility shall obtain access to the Health Care
10Worker Registry's web application, maintain the employment and
11demographic information relating to each employee, and verify
12by the category and type of employment that each employee
13subject to this Section meets all the requirements of this
14Section.
15    (f) Any facility that is operated under Section 3-803 shall
16be exempt from the requirements of this Section.
17    (g) Each skilled nursing and intermediate care facility
18that admits persons who are diagnosed as having Alzheimer's
19disease or related dementias shall require all nursing
20assistants, habilitation aides, or child care aides, who did
21not receive 12 hours of training in the care and treatment of
22such residents during the training required under paragraph (5)
23of subsection (a), to obtain 12 hours of in-house training in
24the care and treatment of such residents. If the facility does
25not provide the training in-house, the training shall be
26obtained from other facilities, community colleges or other

 

 

10100SB1510ham003- 58 -LRB101 08498 KTG 74902 a

1educational institutions that have a recognized course for such
2training. The Department shall, by rule, establish a recognized
3course for such training. The Department's rules shall provide
4that such training may be conducted in-house at each facility
5subject to the requirements of this subsection, in which case
6such training shall be monitored by the Department.
7    The Department's rules shall also provide for
8circumstances and procedures whereby any person who has
9received training that meets the requirements of this
10subsection shall not be required to undergo additional training
11if he or she is transferred to or obtains employment at a
12different facility or a facility other than a long-term care
13facility but remains continuously employed for pay as a nursing
14assistant, habilitation aide, or child care aide. Individuals
15who have performed no nursing or nursing-related services for a
16period of 24 consecutive months shall be listed as "inactive"
17and as such do not meet the requirements of this Section.
18Licensed sheltered care facilities shall be exempt from the
19requirements of this Section.
20    An individual employed during the COVID-19 pandemic as a
21nursing assistant in accordance with any Executive Orders,
22emergency rules, or policy memoranda related to COVID-19 shall
23be assumed to meet competency standards and may continue to be
24employed as a certified nurse assistant when the pandemic ends
25and the Executive Orders or emergency rules lapse. Such
26individuals shall be listed on the Department's Health Care

 

 

10100SB1510ham003- 59 -LRB101 08498 KTG 74902 a

1Worker Registry website as "active".
2(Source: P.A. 100-297, eff. 8-24-17; 100-432, eff. 8-25-17;
3100-863, eff. 8-14-18.)
 
4
Article 40.

 
5    Section 40-5. The Nurse Practice Act is amended by changing
6Sections 55-35 and 60-40 as follows:
 
7    (225 ILCS 65/55-35)
8    (Section scheduled to be repealed on January 1, 2028)
9    Sec. 55-35. Continuing education for LPN licensees. The
10Department may adopt rules of continuing education for licensed
11practical nurses that require 20 hours of continuing education
12per 2-year license renewal cycle. The rules shall address
13variances in part or in whole for good cause, including without
14limitation illness or hardship. The continuing education rules
15must ensure that licensees are given the opportunity to
16participate in programs sponsored by or through their State or
17national professional associations, hospitals, or other
18providers of continuing education. The continuing education
19rules must allow for a licensee to complete all required hours
20of continuing education in an online format. Each licensee is
21responsible for maintaining records of completion of
22continuing education and shall be prepared to produce the
23records when requested by the Department.

 

 

10100SB1510ham003- 60 -LRB101 08498 KTG 74902 a

1(Source: P.A. 95-639, eff. 10-5-07.)
 
2    (225 ILCS 65/60-40)
3    (Section scheduled to be repealed on January 1, 2028)
4    Sec. 60-40. Continuing education for RN licensees. The
5Department may adopt rules of continuing education for
6registered professional nurses licensed under this Act that
7require 20 hours of continuing education per 2-year license
8renewal cycle. The rules shall address variances in part or in
9whole for good cause, including without limitation illness or
10hardship. The continuing education rules must ensure that
11licensees are given the opportunity to participate in programs
12sponsored by or through their State or national professional
13associations, hospitals, or other providers of continuing
14education. The continuing education rules must allow for a
15licensee to complete all required hours of continuing education
16in an online format. Each licensee is responsible for
17maintaining records of completion of continuing education and
18shall be prepared to produce the records when requested by the
19Department.
20(Source: P.A. 95-639, eff. 10-5-07.)
 
21    Section 40-10. The Nursing Home Administrators Licensing
22and Disciplinary Act is amended by changing Section 11 as
23follows:
 

 

 

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1    (225 ILCS 70/11)  (from Ch. 111, par. 3661)
2    (Section scheduled to be repealed on January 1, 2028)
3    Sec. 11. Expiration; renewal; continuing education. The
4expiration date and renewal period for each license issued
5under this Act shall be set by rule.
6    Each licensee shall provide proof of having obtained 36
7hours of continuing education in the 2 year period preceding
8the renewal date of the license as a condition of license
9renewal. The continuing education rules must allow for a
10licensee to complete all required hours of continuing education
11in an online format. The continuing education requirement may
12be waived in part or in whole for such good cause as may be
13determined by rule.
14    Any continuing education course for nursing home
15administrators approved by the National Continuing Education
16Review Service of the National Association of Boards of
17Examiners of Nursing Home Administrators will be accepted
18toward satisfaction of these requirements.
19    Any continuing education course for nursing home
20administrators sponsored by the Life Services Network of
21Illinois, Illinois Council on Long Term Care, County Nursing
22Home Association of Illinois, Illinois Health Care
23Association, Illinois Chapter of American College of Health
24Care Administrators, and the Illinois Nursing Home
25Administrators Association will be accepted toward
26satisfaction of these requirements.

 

 

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1    Any school, college or university, State agency, or other
2entity may apply to the Department for approval as a continuing
3education sponsor. Criteria for qualification as a continuing
4education sponsor shall be established by rule.
5    It shall be the responsibility of each continuing education
6sponsor to maintain records, as prescribed by rule, to verify
7attendance.
8    The Department shall establish by rule a means for the
9verification of completion of the continuing education
10required by this Section. This verification may be accomplished
11through audits of records maintained by registrants; by
12requiring the filing of continuing education certificates with
13the Department; or by other means established by the
14Department.
15    Any nursing home administrator who has permitted his or her
16license to expire or who has had his or her license on inactive
17status may have his or her license restored by making
18application to the Department and filing proof acceptable to
19the Department, as defined by rule, of his or her fitness to
20have his or her license restored and by paying the required
21fee. Proof of fitness may include evidence certifying to active
22lawful practice in another jurisdiction satisfactory to the
23Department and by paying the required restoration fee.
24    However, any nursing home administrator whose license
25expired while he or she was (1) in federal service on active
26duty with the Armed Forces of the United States, or the State

 

 

10100SB1510ham003- 63 -LRB101 08498 KTG 74902 a

1Militia called into service or training, or (2) in training or
2education under the supervision of the United States
3preliminary to induction into the military services, may have
4his or her license renewed or restored without paying any
5lapsed renewal fees if within 2 years after honorable
6termination of such service, training or education, he or she
7furnishes the Department with satisfactory evidence to the
8effect that he or she has been so engaged and that his or her
9service, training or education has been so terminated.
10(Source: P.A. 95-703, eff. 12-31-07.)
 
11
Article 99.

 
12    Section 99-99. Effective date. This Act takes effect upon
13becoming law.".