HB0240enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. The Illinois Administrative Procedure Act is
5amended by adding Section 5-45.35 as follows:
 
6    (5 ILCS 100/5-45.35 new)
7    Sec. 5-45.35. Emergency rulemaking; rural emergency
8hospitals. To provide for the expeditious and timely
9implementation of this amendatory Act of the 102nd General
10Assembly, emergency rules implementing the inclusion of rural
11emergency hospitals in the definition of "hospital" in Section
123 of the Hospital Licensing Act may be adopted in accordance
13with Section 5-45 by the Department of Public Health. The
14adoption of emergency rules authorized by Section 5-45 and
15this Section is deemed to be necessary for the public
16interest, safety, and welfare.
17    This Section is repealed one year after the effective date
18of this amendatory Act of the 102nd General Assembly.
 
19    Section 5. The Illinois Health Facilities Planning Act is
20amended by adding Section 8.9a as follows:
 
21    (20 ILCS 3960/8.9a new)

 

 

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1    Sec. 8.9a. Extension of project completion date. Any party
2that has previously received approval by the State Board to
3re-establish a previously discontinued general acute care
4hospital in accordance with Section 8.9 of this Act shall have
5the automatic right to extend the project completion date
6listed by the party in the party's certificate of exemption
7application by providing notice to the State Board of the new
8project completion date.
 
9    Section 10. The Nursing Home Care Act is amended by
10changing Section 3-202.05 as follows:
 
11    (210 ILCS 45/3-202.05)
12    Sec. 3-202.05. Staffing ratios effective July 1, 2010 and
13thereafter.
14    (a) For the purpose of computing staff to resident ratios,
15direct care staff shall include:
16        (1) registered nurses;
17        (2) licensed practical nurses;
18        (3) certified nurse assistants;
19        (4) psychiatric services rehabilitation aides;
20        (5) rehabilitation and therapy aides;
21        (6) psychiatric services rehabilitation coordinators;
22        (7) assistant directors of nursing;
23        (8) 50% of the Director of Nurses' time; and
24        (9) 30% of the Social Services Directors' time.

 

 

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1    The Department shall, by rule, allow certain facilities
2subject to 77 Ill. Adm. Admin. Code 300.4000 and following
3(Subpart S) to utilize specialized clinical staff, as defined
4in rules, to count towards the staffing ratios.
5    Within 120 days of June 14, 2012 (the effective date of
6Public Act 97-689) this amendatory Act of the 97th General
7Assembly, the Department shall promulgate rules specific to
8the staffing requirements for facilities federally defined as
9Institutions for Mental Disease. These rules shall recognize
10the unique nature of individuals with chronic mental health
11conditions, shall include minimum requirements for specialized
12clinical staff, including clinical social workers,
13psychiatrists, psychologists, and direct care staff set forth
14in paragraphs (4) through (6) and any other specialized staff
15which may be utilized and deemed necessary to count toward
16staffing ratios.
17    Within 120 days of June 14, 2012 (the effective date of
18Public Act 97-689) this amendatory Act of the 97th General
19Assembly, the Department shall promulgate rules specific to
20the staffing requirements for facilities licensed under the
21Specialized Mental Health Rehabilitation Act of 2013. These
22rules shall recognize the unique nature of individuals with
23chronic mental health conditions, shall include minimum
24requirements for specialized clinical staff, including
25clinical social workers, psychiatrists, psychologists, and
26direct care staff set forth in paragraphs (4) through (6) and

 

 

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1any other specialized staff which may be utilized and deemed
2necessary to count toward staffing ratios.
3    (b) (Blank).
4    (b-5) For purposes of the minimum staffing ratios in this
5Section, all residents shall be classified as requiring either
6skilled care or intermediate care.
7    As used in this subsection:
8    "Intermediate care" means basic nursing care and other
9restorative services under periodic medical direction.
10    "Skilled care" means skilled nursing care, continuous
11skilled nursing observations, restorative nursing, and other
12services under professional direction with frequent medical
13supervision.
14    (c) Facilities shall notify the Department within 60 days
15after July 29, 2010 (the effective date of Public Act 96-1372)
16this amendatory Act of the 96th General Assembly, in a form and
17manner prescribed by the Department, of the staffing ratios in
18effect on July 29, 2010 (the effective date of Public Act
1996-1372) this amendatory Act of the 96th General Assembly for
20both intermediate and skilled care and the number of residents
21receiving each level of care.
22    (d)(1) (Blank).
23    (2) (Blank).
24    (3) (Blank).
25    (4) (Blank).
26    (5) Effective January 1, 2014, the minimum staffing ratios

 

 

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1shall be increased to 3.8 hours of nursing and personal care
2each day for a resident needing skilled care and 2.5 hours of
3nursing and personal care each day for a resident needing
4intermediate care.
5    (e) Ninety days after June 14, 2012 (the effective date of
6Public Act 97-689) this amendatory Act of the 97th General
7Assembly, a minimum of 25% of nursing and personal care time
8shall be provided by licensed nurses, with at least 10% of
9nursing and personal care time provided by registered nurses.
10These minimum requirements shall remain in effect until an
11acuity based registered nurse requirement is promulgated by
12rule concurrent with the adoption of the Resource Utilization
13Group classification-based payment methodology, as provided in
14Section 5-5.2 of the Illinois Public Aid Code. Registered
15nurses and licensed practical nurses employed by a facility in
16excess of these requirements may be used to satisfy the
17remaining 75% of the nursing and personal care time
18requirements. Notwithstanding this subsection, no staffing
19requirement in statute in effect on June 14, 2012 (the
20effective date of Public Act 97-689) this amendatory Act of
21the 97th General Assembly shall be reduced on account of this
22subsection.
23    (f) The Department shall submit proposed rules for
24adoption by January 1, 2020 establishing a system for
25determining compliance with minimum staffing set forth in this
26Section and the requirements of 77 Ill. Adm. Code 300.1230

 

 

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1adjusted for any waivers granted under Section 3-303.1.
2Compliance shall be determined quarterly by comparing the
3number of hours provided per resident per day using the
4Centers for Medicare and Medicaid Services' payroll-based
5journal and the facility's daily census, broken down by
6intermediate and skilled care as self-reported by the facility
7to the Department on a quarterly basis. The Department shall
8use the quarterly payroll-based journal and the self-reported
9census to calculate the number of hours provided per resident
10per day and compare this ratio to the minimum staffing
11standards required under this Section, as impacted by any
12waivers granted under Section 3-303.1. Discrepancies between
13job titles contained in this Section and the payroll-based
14journal shall be addressed by rule. The manner in which the
15Department requests payroll-based journal information to be
16submitted shall align with the federal Centers for Medicare
17and Medicaid Services' requirements that allow providers to
18submit the quarterly data in an aggregate manner.
19    (g) Monetary penalties for non-compliance. The Department
20shall submit proposed rules for adoption by January 1, 2020
21establishing monetary penalties for facilities not in
22compliance with minimum staffing standards under this Section.
23Facilities shall be required to comply with the provisions of
24this subsection beginning January 1, 2025. No monetary penalty
25may be issued for noncompliance prior to during the revised
26implementation date period, which shall be January 1, 2025

 

 

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1July 1, 2020 through December 31, 2021. If a facility is found
2to be noncompliant prior to during the revised implementation
3date period, the Department shall provide a written notice
4identifying the staffing deficiencies and require the facility
5to provide a sufficiently detailed correction plan that
6describes proposed and completed actions the facility will
7take or has taken, including hiring actions, to address the
8facility's failure to meet the statutory minimum staffing
9levels. Monetary penalties shall be imposed beginning no later
10than July 1, 2025, based on data for the quarter beginning
11January 1, 2025 through March 31, 2025 January 1, 2022 and
12quarterly thereafter and shall be based on the latest quarter
13for which the Department has data. Monetary penalties shall be
14established based on a formula that calculates on a daily
15basis the cost of wages and benefits for the missing staffing
16hours. All notices of noncompliance shall include the
17computations used to determine noncompliance and establishing
18the variance between minimum staffing ratios and the
19Department's computations. The penalty for the first offense
20shall be 125% of the cost of wages and benefits for the missing
21staffing hours. The penalty shall increase to 150% of the cost
22of wages and benefits for the missing staffing hours for the
23second offense and 200% the cost of wages and benefits for the
24missing staffing hours for the third and all subsequent
25offenses. The penalty shall be imposed regardless of whether
26the facility has committed other violations of this Act during

 

 

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1the same period that the staffing offense occurred. The
2penalty may not be waived, but the Department shall have the
3discretion to determine the gravity of the violation in
4situations where there is no more than a 10% deviation from the
5staffing requirements and make appropriate adjustments to the
6penalty. The Department is granted discretion to waive the
7penalty when unforeseen circumstances have occurred that
8resulted in call-offs of scheduled staff. This provision shall
9be applied no more than 6 times per quarter. Nothing in this
10Section diminishes a facility's right to appeal the imposition
11of a monetary penalty. No facility may appeal a notice of
12noncompliance issued during the revised implementation period.
13(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21;
14revised 2-28-22.)
 
15    Section 15. The Specialized Mental Health Rehabilitation
16Act of 2013 is amended by changing Section 1-102 as follows:
 
17    (210 ILCS 49/1-102)
18    Sec. 1-102. Definitions. For the purposes of this Act,
19unless the context otherwise requires:
20    "Abuse" means any physical or mental injury or sexual
21assault inflicted on a consumer other than by accidental means
22in a facility.
23    "Accreditation" means any of the following:
24        (1) the Joint Commission;

 

 

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1        (2) the Commission on Accreditation of Rehabilitation
2    Facilities;
3        (3) the Healthcare Facilities Accreditation Program;
4    or
5        (4) any other national standards of care as approved
6    by the Department.
7    "APRN" means an Advanced Practice Registered Nurse,
8nationally certified as a mental health or psychiatric nurse
9practitioner and licensed under the Nurse Practice Act.
10    "Applicant" means any person making application for a
11license or a provisional license under this Act.
12    "Consumer" means a person, 18 years of age or older,
13admitted to a mental health rehabilitation facility for
14evaluation, observation, diagnosis, treatment, stabilization,
15recovery, and rehabilitation.
16    "Consumer" does not mean any of the following:
17        (i) an individual requiring a locked setting;
18        (ii) an individual requiring psychiatric
19    hospitalization because of an acute psychiatric crisis;
20        (iii) an individual under 18 years of age;
21        (iv) an individual who is actively suicidal or violent
22    toward others;
23        (v) an individual who has been found unfit to stand
24    trial and is currently subject to a court order requiring
25    placement in secure inpatient care in the custody of the
26    Department of Human Services pursuant to Section 104-17 of

 

 

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1    the Code of Criminal Procedure of 1963;
2        (vi) an individual who has been found not guilty by
3    reason of insanity and is currently subject to a court
4    order requiring placement in secure inpatient care in the
5    custody of the Department of Human Services pursuant to
6    Section 5-2-4 of the Unified Code of Corrections based on
7    committing a violent act, such as sexual assault, assault
8    with a deadly weapon, arson, or murder;
9        (vii) an individual subject to temporary detention and
10    examination under Section 3-607 of the Mental Health and
11    Developmental Disabilities Code;
12        (viii) an individual deemed clinically appropriate for
13    inpatient admission in a State psychiatric hospital; and
14        (ix) an individual transferred by the Department of
15    Corrections pursuant to Section 3-8-5 of the Unified Code
16    of Corrections.
17    "Consumer record" means a record that organizes all
18information on the care, treatment, and rehabilitation
19services rendered to a consumer in a specialized mental health
20rehabilitation facility.
21    "Controlled drugs" means those drugs covered under the
22federal Comprehensive Drug Abuse Prevention Control Act of
231970, as amended, or the Illinois Controlled Substances Act.
24    "Department" means the Department of Public Health.
25    "Discharge" means the full release of any consumer from a
26facility.

 

 

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1    "Drug administration" means the act in which a single dose
2of a prescribed drug or biological is given to a consumer. The
3complete act of administration entails removing an individual
4dose from a container, verifying the dose with the
5prescriber's orders, giving the individual dose to the
6consumer, and promptly recording the time and dose given.
7    "Drug dispensing" means the act entailing the following of
8a prescription order for a drug or biological and proper
9selection, measuring, packaging, labeling, and issuance of the
10drug or biological to a consumer.
11    "Emergency" means a situation, physical condition, or one
12or more practices, methods, or operations which present
13imminent danger of death or serious physical or mental harm to
14consumers of a facility.
15    "Facility" means a specialized mental health
16rehabilitation facility that provides at least one of the
17following services: (1) triage center; (2) crisis
18stabilization; (3) recovery and rehabilitation supports; or
19(4) transitional living units for 3 or more persons. The
20facility shall provide a 24-hour program that provides
21intensive support and recovery services designed to assist
22persons, 18 years or older, with mental disorders to develop
23the skills to become self-sufficient and capable of increasing
24levels of independent functioning. It includes facilities that
25meet the following criteria:
26        (1) 100% of the consumer population of the facility

 

 

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1    has a diagnosis of serious mental illness;
2        (2) no more than 15% of the consumer population of the
3    facility is 65 years of age or older;
4        (3) none of the consumers are non-ambulatory;
5        (4) none of the consumers have a primary diagnosis of
6    moderate, severe, or profound intellectual disability; and
7        (5) the facility must have been licensed under the
8    Specialized Mental Health Rehabilitation Act or the
9    Nursing Home Care Act immediately preceding July 22, 2013
10    (the effective date of this Act) and qualifies as an
11    institute for mental disease under the federal definition
12    of the term.
13    "Facility" does not include the following:
14        (1) a home, institution, or place operated by the
15    federal government or agency thereof, or by the State of
16    Illinois;
17        (2) a hospital, sanitarium, or other institution whose
18    principal activity or business is the diagnosis, care, and
19    treatment of human illness through the maintenance and
20    operation as organized facilities therefor which is
21    required to be licensed under the Hospital Licensing Act;
22        (3) a facility for child care as defined in the Child
23    Care Act of 1969;
24        (4) a community living facility as defined in the
25    Community Living Facilities Licensing Act;
26        (5) a nursing home or sanitarium sanatorium operated

 

 

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1    solely by and for persons who rely exclusively upon
2    treatment by spiritual means through prayer, in accordance
3    with the creed or tenets of any well-recognized church or
4    religious denomination; however, such nursing home or
5    sanitarium sanatorium shall comply with all local laws and
6    rules relating to sanitation and safety;
7        (6) a facility licensed by the Department of Human
8    Services as a community-integrated living arrangement as
9    defined in the Community-Integrated Living Arrangements
10    Licensure and Certification Act;
11        (7) a supportive residence licensed under the
12    Supportive Residences Licensing Act;
13        (8) a supportive living facility in good standing with
14    the program established under Section 5-5.01a of the
15    Illinois Public Aid Code, except only for purposes of the
16    employment of persons in accordance with Section 3-206.01
17    of the Nursing Home Care Act;
18        (9) an assisted living or shared housing establishment
19    licensed under the Assisted Living and Shared Housing Act,
20    except only for purposes of the employment of persons in
21    accordance with Section 3-206.01 of the Nursing Home Care
22    Act;
23        (10) an Alzheimer's disease management center
24    alternative health care model licensed under the
25    Alternative Health Care Delivery Act;
26        (11) a home, institution, or other place operated by

 

 

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1    or under the authority of the Illinois Department of
2    Veterans' Affairs;
3        (12) a facility licensed under the ID/DD Community
4    Care Act;
5        (13) a facility licensed under the Nursing Home Care
6    Act after July 22, 2013 (the effective date of this Act);
7    or
8        (14) a facility licensed under the MC/DD Act.
9    "Executive director" means a person who is charged with
10the general administration and supervision of a facility
11licensed under this Act and who is a licensed nursing home
12administrator, licensed practitioner of the healing arts, or
13qualified mental health professional.
14    "Guardian" means a person appointed as a guardian of the
15person or guardian of the estate, or both, of a consumer under
16the Probate Act of 1975.
17    "Identified offender" means a person who meets any of the
18following criteria:
19        (1) Has been convicted of, found guilty of,
20    adjudicated delinquent for, found not guilty by reason of
21    insanity for, or found unfit to stand trial for, any
22    felony offense listed in Section 25 of the Health Care
23    Worker Background Check Act, except for the following:
24            (i) a felony offense described in Section 10-5 of
25        the Nurse Practice Act;
26            (ii) a felony offense described in Section 4, 5,

 

 

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1        6, 8, or 17.02 of the Illinois Credit Card and Debit
2        Card Act;
3            (iii) a felony offense described in Section 5,
4        5.1, 5.2, 7, or 9 of the Cannabis Control Act;
5            (iv) a felony offense described in Section 401,
6        401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
7        Controlled Substances Act; and
8            (v) a felony offense described in the
9        Methamphetamine Control and Community Protection Act.
10        (2) Has been convicted of, adjudicated delinquent for,
11    found not guilty by reason of insanity for, or found unfit
12    to stand trial for, any sex offense as defined in
13    subsection (c) of Section 10 of the Sex Offender
14    Management Board Act.
15    "Transitional living units" are residential units within a
16facility that have the purpose of assisting the consumer in
17developing and reinforcing the necessary skills to live
18independently outside of the facility. The duration of stay in
19such a setting shall not exceed 120 days for each consumer.
20Nothing in this definition shall be construed to be a
21prerequisite for transitioning out of a facility.
22    "Licensee" means the person, persons, firm, partnership,
23association, organization, company, corporation, or business
24trust to which a license has been issued.
25    "Misappropriation of a consumer's property" means the
26deliberate misplacement, exploitation, or wrongful temporary

 

 

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1or permanent use of a consumer's belongings or money without
2the consent of a consumer or his or her guardian.
3    "Neglect" means a facility's failure to provide, or
4willful withholding of, adequate medical care, mental health
5treatment, psychiatric rehabilitation, personal care, or
6assistance that is necessary to avoid physical harm and mental
7anguish of a consumer.
8    "Personal care" means assistance with meals, dressing,
9movement, bathing, or other personal needs, maintenance, or
10general supervision and oversight of the physical and mental
11well-being of an individual who is incapable of maintaining a
12private, independent residence or who is incapable of managing
13his or her person, whether or not a guardian has been appointed
14for such individual. "Personal care" shall not be construed to
15confine or otherwise constrain a facility's pursuit to develop
16the skills and abilities of a consumer to become
17self-sufficient and capable of increasing levels of
18independent functioning.
19    "Recovery and rehabilitation supports" means a program
20that facilitates a consumer's longer-term symptom management
21and stabilization while preparing the consumer for
22transitional living units by improving living skills and
23community socialization. The duration of stay in such a
24setting shall be established by the Department by rule.
25    "Restraint" means:
26        (i) a physical restraint that is any manual method or

 

 

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1    physical or mechanical device, material, or equipment
2    attached or adjacent to a consumer's body that the
3    consumer cannot remove easily and restricts freedom of
4    movement or normal access to one's body; devices used for
5    positioning, including, but not limited to, bed rails,
6    gait belts, and cushions, shall not be considered to be
7    restraints for purposes of this Section; or
8        (ii) a chemical restraint that is any drug used for
9    discipline or convenience and not required to treat
10    medical symptoms; the Department shall, by rule, designate
11    certain devices as restraints, including at least all
12    those devices that have been determined to be restraints
13    by the United States Department of Health and Human
14    Services in interpretive guidelines issued for the
15    purposes of administering Titles XVIII and XIX of the
16    federal Social Security Act. For the purposes of this Act,
17    restraint shall be administered only after utilizing a
18    coercive free environment and culture.
19    "Self-administration of medication" means consumers shall
20be responsible for the control, management, and use of their
21own medication.
22    "Crisis stabilization" means a secure and separate unit
23that provides short-term behavioral, emotional, or psychiatric
24crisis stabilization as an alternative to hospitalization or
25re-hospitalization for consumers from residential or community
26placement. The duration of stay in such a setting shall not

 

 

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1exceed 21 days for each consumer.
2    "Therapeutic separation" means the removal of a consumer
3from the milieu to a room or area which is designed to aid in
4the emotional or psychiatric stabilization of that consumer.
5    "Triage center" means a non-residential 23-hour center
6that serves as an alternative to emergency room care,
7hospitalization, or re-hospitalization for consumers in need
8of short-term crisis stabilization. Consumers may access a
9triage center from a number of referral sources, including
10family, emergency rooms, hospitals, community behavioral
11health providers, federally qualified health providers, or
12schools, including colleges or universities. A triage center
13may be located in a building separate from the licensed
14location of a facility, but shall not be more than 1,000 feet
15from the licensed location of the facility and must meet all of
16the facility standards applicable to the licensed location. If
17the triage center does operate in a separate building, safety
18personnel shall be provided, on site, 24 hours per day and the
19triage center shall meet all other staffing requirements
20without counting any staff employed in the main facility
21building.
22(Source: P.A. 102-1053, eff. 6-10-22; revised 8-24-22.)
 
23    Section 20. The Hospital Licensing Act is amended by
24changing Section 3 as follows:
 

 

 

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1    (210 ILCS 85/3)
2    Sec. 3. As used in this Act:
3    (A) "Hospital" means any institution, place, building,
4buildings on a campus, or agency, public or private, whether
5organized for profit or not, devoted primarily to the
6maintenance and operation of facilities for the diagnosis and
7treatment or care of 2 or more unrelated persons admitted for
8overnight stay or longer in order to obtain medical, including
9obstetric, psychiatric and nursing, care of illness, disease,
10injury, infirmity, or deformity.
11    The term "hospital", without regard to length of stay,
12shall also include:
13        (a) any facility which is devoted primarily to
14    providing psychiatric and related services and programs
15    for the diagnosis and treatment or care of 2 or more
16    unrelated persons suffering from emotional or nervous
17    diseases;
18        (b) all places where pregnant females are received,
19    cared for, or treated during delivery irrespective of the
20    number of patients received; and .
21        (c) on and after January 1, 2023, a rural emergency
22    hospital, as that term is defined under subsection
23    (kkk)(2) of Section 1861 of the federal Social Security
24    Act; to provide for the expeditious and timely
25    implementation of this amendatory Act of the 102nd General
26    Assembly, emergency rules to implement the changes made to

 

 

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1    the definition of "hospital" by this amendatory Act of the
2    102nd General Assembly may be adopted by the Department
3    subject to the provisions of Section 5-45 of the Illinois
4    Administrative Procedure Act.
5    The term "hospital" includes general and specialized
6hospitals, tuberculosis sanitaria, mental or psychiatric
7hospitals and sanitaria, and includes maternity homes,
8lying-in homes, and homes for unwed mothers in which care is
9given during delivery.
10    The term "hospital" does not include:
11        (1) any person or institution required to be licensed
12    pursuant to the Nursing Home Care Act, the Specialized
13    Mental Health Rehabilitation Act of 2013, the ID/DD
14    Community Care Act, or the MC/DD Act;
15        (2) hospitalization or care facilities maintained by
16    the State or any department or agency thereof, where such
17    department or agency has authority under law to establish
18    and enforce standards for the hospitalization or care
19    facilities under its management and control;
20        (3) hospitalization or care facilities maintained by
21    the federal government or agencies thereof;
22        (4) hospitalization or care facilities maintained by
23    any university or college established under the laws of
24    this State and supported principally by public funds
25    raised by taxation;
26        (5) any person or facility required to be licensed

 

 

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1    pursuant to the Substance Use Disorder Act;
2        (6) any facility operated solely by and for persons
3    who rely exclusively upon treatment by spiritual means
4    through prayer, in accordance with the creed or tenets of
5    any well-recognized church or religious denomination;
6        (7) an Alzheimer's disease management center
7    alternative health care model licensed under the
8    Alternative Health Care Delivery Act; or
9        (8) any veterinary hospital or clinic operated by a
10    veterinarian or veterinarians licensed under the
11    Veterinary Medicine and Surgery Practice Act of 2004 or
12    maintained by a State-supported or publicly funded
13    university or college.
14    (B) "Person" means the State, and any political
15subdivision or municipal corporation, individual, firm,
16partnership, corporation, company, association, or joint stock
17association, or the legal successor thereof.
18    (C) "Department" means the Department of Public Health of
19the State of Illinois.
20    (D) "Director" means the Director of Public Health of the
21State of Illinois.
22    (E) "Perinatal" means the period of time between the
23conception of an infant and the end of the first month after
24birth.
25    (F) "Federally designated organ procurement agency" means
26the organ procurement agency designated by the Secretary of

 

 

HB0240 Enrolled- 22 -LRB102 05098 BMS 15118 b

1the U.S. Department of Health and Human Services for the
2service area in which a hospital is located; except that in the
3case of a hospital located in a county adjacent to Wisconsin
4which currently contracts with an organ procurement agency
5located in Wisconsin that is not the organ procurement agency
6designated by the U.S. Secretary of Health and Human Services
7for the service area in which the hospital is located, if the
8hospital applies for a waiver pursuant to 42 U.S.C. USC
91320b-8(a), it may designate an organ procurement agency
10located in Wisconsin to be thereafter deemed its federally
11designated organ procurement agency for the purposes of this
12Act.
13    (G) "Tissue bank" means any facility or program operating
14in Illinois that is certified by the American Association of
15Tissue Banks or the Eye Bank Association of America and is
16involved in procuring, furnishing, donating, or distributing
17corneas, bones, or other human tissue for the purpose of
18injecting, transfusing, or transplanting any of them into the
19human body. "Tissue bank" does not include a licensed blood
20bank. For the purposes of this Act, "tissue" does not include
21organs.
22    (H) "Campus", as this term terms applies to operations,
23has the same meaning as the term "campus" as set forth in
24federal Medicare regulations, 42 CFR 413.65.
25(Source: P.A. 99-180, eff. 7-29-15; 100-759, eff. 1-1-19.)
 

 

 

HB0240 Enrolled- 23 -LRB102 05098 BMS 15118 b

1    Section 25. The Behavior Analyst Licensing Act is amended
2by changing Sections 30, 35, and 150 as follows:
 
3    (225 ILCS 6/30)
4    (Section scheduled to be repealed on January 1, 2028)
5    Sec. 30. Qualifications for behavior analyst license.
6    (a) A person qualifies to be licensed as a behavior
7analyst if that person:
8        (1) has applied in writing or electronically on forms
9    prescribed by the Department;
10        (2) is a graduate of a graduate level program in the
11    field of behavior analysis or a related field with an
12    equivalent course of study in behavior analysis approved
13    by the Department from a regionally accredited university
14    approved by the Department;
15        (3) has completed at least 500 hours of supervision of
16    behavior analysis, as defined by rule;
17        (4) has qualified for and passed the examination for
18    the practice of behavior analysis as authorized by the
19    Department; and
20        (5) has paid the required fees.
21    (b) The Department may issue a license to a certified
22behavior analyst seeking licensure as a licensed behavior
23analyst who (i) does not have the supervised experience as
24described in paragraph (3) of subsection (a), (ii) applies for
25licensure before July 1, 2028, and (iii) has completed all of

 

 

HB0240 Enrolled- 24 -LRB102 05098 BMS 15118 b

1the following:
2        (1) has applied in writing or electronically on forms
3    prescribed by the Department;
4        (2) is a graduate of a graduate level program in the
5    field of behavior analysis from a regionally accredited
6    university approved by the Department;
7        (3) submits evidence of certification by an
8    appropriate national certifying body as determined by rule
9    of the Department;
10        (4) has passed the examination for the practice of
11    behavior analysis as authorized by the Department; and
12        (5) has paid the required fees.
13    (c) An applicant has 3 years after the date of application
14to complete the application process. If the process has not
15been completed in 3 years, the application shall be denied,
16the fee shall be forfeited, and the applicant must reapply and
17meet the requirements in effect at the time of reapplication.
18    (d) Each applicant for licensure as a an behavior analyst
19shall have his or her fingerprints submitted to the Illinois
20State Police in an electronic format that complies with the
21form and manner for requesting and furnishing criminal history
22record information as prescribed by the Illinois State Police.
23These fingerprints shall be transmitted through a live scan
24fingerprint vendor licensed by the Department. These
25fingerprints shall be checked against the Illinois State
26Police and Federal Bureau of Investigation criminal history

 

 

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1record databases now and hereafter filed, including, but not
2limited to, civil, criminal, and latent fingerprint databases.
3The Illinois State Police shall charge a fee for conducting
4the criminal history records check, which shall be deposited
5in the State Police Services Fund and shall not exceed the
6actual cost of the records check. The Illinois State Police
7shall furnish, pursuant to positive identification, records of
8Illinois convictions as prescribed under the Illinois Uniform
9Conviction Information Act and shall forward the national
10criminal history record information to the Department.
11(Source: P.A. 102-953, eff. 5-27-22; revised 8-19-22.)
 
12    (225 ILCS 6/35)
13    (Section scheduled to be repealed on January 1, 2028)
14    Sec. 35. Qualifications for assistant behavior analyst
15license.
16    (a) A person qualifies to be licensed as an assistant
17behavior analyst if that person:
18        (1) has applied in writing or electronically on forms
19    prescribed by the Department;
20        (2) is a graduate of a bachelor's level program in the
21    field of behavior analysis or a related field with an
22    equivalent course of study in behavior analysis approved
23    by the Department from a regionally accredited university
24    approved by the Department;
25        (3) has met the supervised work experience;

 

 

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1        (4) has qualified for and passed the examination for
2    the practice of behavior analysis as a licensed assistant
3    behavior analyst as authorized by the Department; and
4        (5) has paid the required fees.
5    (b) The Department may issue a license to a certified
6assistant behavior analyst seeking licensure as a licensed
7assistant behavior analyst who (i) does not have the
8supervised experience as described in paragraph (3) of
9subsection (a), (ii) applies for licensure before July 1,
102028, and (iii) has completed all of the following:
11        (1) has applied in writing or electronically on forms
12    prescribed by the Department;
13        (2) is a graduate of a bachelor's bachelors level
14    program in the field of behavior analysis;
15        (3) submits evidence of certification by an
16    appropriate national certifying body as determined by rule
17    of the Department;
18        (4) has passed the examination for the practice of
19    behavior analysis as authorized by the Department; and
20        (5) has paid the required fees.
21    (c) An applicant has 3 years after the date of application
22to complete the application process. If the process has not
23been completed in 3 years, the application shall be denied,
24the fee shall be forfeited, and the applicant must reapply and
25meet the requirements in effect at the time of reapplication.
26    (d) Each applicant for licensure as an assistant behavior

 

 

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1analyst shall have his or her fingerprints submitted to the
2Illinois State Police in an electronic format that complies
3with the form and manner for requesting and furnishing
4criminal history record information as prescribed by the
5Illinois State Police. These fingerprints shall be transmitted
6through a live scan fingerprint vendor licensed by the
7Department. These fingerprints shall be checked against the
8Illinois State Police and Federal Bureau of Investigation
9criminal history record databases now and hereafter filed,
10including, but not limited to, civil, criminal, and latent
11fingerprint databases. The Illinois State Police shall charge
12a fee for conducting the criminal history records check, which
13shall be deposited in the State Police Services Fund and shall
14not exceed the actual cost of the records check. The Illinois
15State Police shall furnish, pursuant to positive
16identification, records of Illinois convictions as prescribed
17under the Illinois Uniform Conviction Information Act and
18shall forward the national criminal history record information
19to the Department.
20(Source: P.A. 102-953, eff. 5-27-22; revised 8-19-22.)
 
21    (225 ILCS 6/150)
22    (Section scheduled to be repealed on January 1, 2028)
23    Sec. 150. License restrictions and limitations.
24Notwithstanding the exclusion in paragraph (2) of subsection
25(c) of Section 20 that permits an individual to implement a

 

 

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1behavior analytic treatment plan under the extended authority,
2direction, and supervision of a licensed behavior analyst or
3licensed assistant behavior analyst, no No business
4organization shall provide, attempt to provide, or offer to
5provide behavior analysis services unless every member,
6partner, shareholder, director, officer, holder of any other
7ownership interest, agent, and employee who renders applied
8behavior analysis services holds a currently valid license
9issued under this Act. No business shall be created that (i)
10has a stated purpose that includes behavior analysis, or (ii)
11practices or holds itself out as available to practice
12behavior analysis therapy, unless it is organized under the
13Professional Service Corporation Act or Professional Limited
14Liability Company Act. Nothing in this Act shall preclude
15individuals licensed under this Act from practicing directly
16or indirectly for a physician licensed to practice medicine in
17all its branches under the Medical Practice Act of 1987 or for
18any legal entity as provided under subsection (c) of Section
1922.2 of the Medical Practice Act of 1987.
20(Source: P.A. 102-953, eff. 5-27-22.)
 
21    Section 30. The Podiatric Medical Practice Act of 1987 is
22amended by adding Section 18.1 as follows:
 
23    (225 ILCS 100/18.1 new)
24    Sec. 18.1. Fee waivers. Notwithstanding any provision of

 

 

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1law to the contrary, during State Fiscal Year 2023, the
2Department shall allow individuals a one-time waiver of fees
3imposed under Section 18 of this Act. No individual may
4benefit from such a waiver more than once. If an individual has
5already paid a fee required under Section 18 for Fiscal Year
62023, then the Department shall apply the money paid for that
7fee as a credit to the next required fee.
 
8    Section 35. The Illinois Public Aid Code is amended by
9changing Sections 5-5.2, 5-5.7b, and 5B-2 follows:
 
10    (305 ILCS 5/5-5.2)  (from Ch. 23, par. 5-5.2)
11    Sec. 5-5.2. Payment.
12    (a) All nursing facilities that are grouped pursuant to
13Section 5-5.1 of this Act shall receive the same rate of
14payment for similar services.
15    (b) It shall be a matter of State policy that the Illinois
16Department shall utilize a uniform billing cycle throughout
17the State for the long-term care providers.
18    (c) (Blank).
19    (c-1) Notwithstanding any other provisions of this Code,
20the methodologies for reimbursement of nursing services as
21provided under this Article shall no longer be applicable for
22bills payable for nursing services rendered on or after a new
23reimbursement system based on the Patient Driven Payment Model
24(PDPM) has been fully operationalized, which shall take effect

 

 

HB0240 Enrolled- 30 -LRB102 05098 BMS 15118 b

1for services provided on or after the implementation of the
2PDPM reimbursement system begins. For the purposes of this
3amendatory Act of the 102nd General Assembly, the
4implementation date of the PDPM reimbursement system and all
5related provisions shall be July 1, 2022 if the following
6conditions are met: (i) the Centers for Medicare and Medicaid
7Services has approved corresponding changes in the
8reimbursement system and bed assessment; and (ii) the
9Department has filed rules to implement these changes no later
10than June 1, 2022. Failure of the Department to file rules to
11implement the changes provided in this amendatory Act of the
12102nd General Assembly no later than June 1, 2022 shall result
13in the implementation date being delayed to October 1, 2022.
14    (d) The new nursing services reimbursement methodology
15utilizing the Patient Driven Payment Model, which shall be
16referred to as the PDPM reimbursement system, taking effect
17July 1, 2022, upon federal approval by the Centers for
18Medicare and Medicaid Services, shall be based on the
19following:
20        (1) The methodology shall be resident-centered,
21    facility-specific, cost-based, and based on guidance from
22    the Centers for Medicare and Medicaid Services.
23        (2) Costs shall be annually rebased and case mix index
24    quarterly updated. The nursing services methodology will
25    be assigned to the Medicaid enrolled residents on record
26    as of 30 days prior to the beginning of the rate period in

 

 

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1    the Department's Medicaid Management Information System
2    (MMIS) as present on the last day of the second quarter
3    preceding the rate period based upon the Assessment
4    Reference Date of the Minimum Data Set (MDS).
5        (3) Regional wage adjustors based on the Health
6    Service Areas (HSA) groupings and adjusters in effect on
7    April 30, 2012 shall be included, except no adjuster shall
8    be lower than 1.06.
9        (4) PDPM nursing case mix indices in effect on March
10    1, 2022 shall be assigned to each resident class at no less
11    than 0.7858 of the Centers for Medicare and Medicaid
12    Services PDPM unadjusted case mix values, in effect on
13    March 1, 2022, utilizing an index maximization approach.
14        (5) The pool of funds available for distribution by
15    case mix and the base facility rate shall be determined
16    using the formula contained in subsection (d-1).
17        (6) The Department shall establish a variable per diem
18    staffing add-on in accordance with the most recent
19    available federal staffing report, currently the Payroll
20    Based Journal, for the same period of time, and if
21    applicable adjusted for acuity using the same quarter's
22    MDS. The Department shall rely on Payroll Based Journals
23    provided to the Department of Public Health to make a
24    determination of non-submission. If the Department is
25    notified by a facility of missing or inaccurate Payroll
26    Based Journal data or an incorrect calculation of

 

 

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1    staffing, the Department must make a correction as soon as
2    the error is verified for the applicable quarter.
3        Facilities with at least 70% of the staffing indicated
4    by the STRIVE study shall be paid a per diem add-on of $9,
5    increasing by equivalent steps for each whole percentage
6    point until the facilities reach a per diem of $14.88.
7    Facilities with at least 80% of the staffing indicated by
8    the STRIVE study shall be paid a per diem add-on of $14.88,
9    increasing by equivalent steps for each whole percentage
10    point until the facilities reach a per diem add-on of
11    $23.80. Facilities with at least 92% of the staffing
12    indicated by the STRIVE study shall be paid a per diem
13    add-on of $23.80, increasing by equivalent steps for each
14    whole percentage point until the facilities reach a per
15    diem add-on of $29.75. Facilities with at least 100% of
16    the staffing indicated by the STRIVE study shall be paid a
17    per diem add-on of $29.75, increasing by equivalent steps
18    for each whole percentage point until the facilities reach
19    a per diem add-on of $35.70. Facilities with at least 110%
20    of the staffing indicated by the STRIVE study shall be
21    paid a per diem add-on of $35.70, increasing by equivalent
22    steps for each whole percentage point until the facilities
23    reach a per diem add-on of $38.68. Facilities with at
24    least 125% or higher of the staffing indicated by the
25    STRIVE study shall be paid a per diem add-on of $38.68.
26    Beginning April 1, 2023, no nursing facility's variable

 

 

HB0240 Enrolled- 33 -LRB102 05098 BMS 15118 b

1    staffing per diem add-on shall be reduced by more than 5%
2    in 2 consecutive quarters. For the quarters beginning July
3    1, 2022 and October 1, 2022, no facility's variable per
4    diem staffing add-on shall be calculated at a rate lower
5    than 85% of the staffing indicated by the STRIVE study. No
6    facility below 70% of the staffing indicated by the STRIVE
7    study shall receive a variable per diem staffing add-on
8    after December 31, 2022.
9        (7) For dates of services beginning July 1, 2022, the
10    PDPM nursing component per diem for each nursing facility
11    shall be the product of the facility's (i) statewide PDPM
12    nursing base per diem rate, $92.25, adjusted for the
13    facility average PDPM case mix index calculated quarterly
14    and (ii) the regional wage adjuster, and then add the
15    Medicaid access adjustment as defined in (e-3) of this
16    Section. Transition rates for services provided between
17    July 1, 2022 and October 1, 2023 shall be the greater of
18    the PDPM nursing component per diem or:
19            (A) for the quarter beginning July 1, 2022, the
20        RUG-IV nursing component per diem;
21            (B) for the quarter beginning October 1, 2022, the
22        sum of the RUG-IV nursing component per diem
23        multiplied by 0.80 and the PDPM nursing component per
24        diem multiplied by 0.20;
25            (C) for the quarter beginning January 1, 2023, the
26        sum of the RUG-IV nursing component per diem

 

 

HB0240 Enrolled- 34 -LRB102 05098 BMS 15118 b

1        multiplied by 0.60 and the PDPM nursing component per
2        diem multiplied by 0.40;
3            (D) for the quarter beginning April 1, 2023, the
4        sum of the RUG-IV nursing component per diem
5        multiplied by 0.40 and the PDPM nursing component per
6        diem multiplied by 0.60;
7            (E) for the quarter beginning July 1, 2023, the
8        sum of the RUG-IV nursing component per diem
9        multiplied by 0.20 and the PDPM nursing component per
10        diem multiplied by 0.80; or
11            (F) for the quarter beginning October 1, 2023 and
12        each subsequent quarter, the transition rate shall end
13        and a nursing facility shall be paid 100% of the PDPM
14        nursing component per diem.
15    (d-1) Calculation of base year Statewide RUG-IV nursing
16base per diem rate.
17        (1) Base rate spending pool shall be:
18            (A) The base year resident days which are
19        calculated by multiplying the number of Medicaid
20        residents in each nursing home as indicated in the MDS
21        data defined in paragraph (4) by 365.
22            (B) Each facility's nursing component per diem in
23        effect on July 1, 2012 shall be multiplied by
24        subsection (A).
25            (C) Thirteen million is added to the product of
26        subparagraph (A) and subparagraph (B) to adjust for

 

 

HB0240 Enrolled- 35 -LRB102 05098 BMS 15118 b

1        the exclusion of nursing homes defined in paragraph
2        (5).
3        (2) For each nursing home with Medicaid residents as
4    indicated by the MDS data defined in paragraph (4),
5    weighted days adjusted for case mix and regional wage
6    adjustment shall be calculated. For each home this
7    calculation is the product of:
8            (A) Base year resident days as calculated in
9        subparagraph (A) of paragraph (1).
10            (B) The nursing home's regional wage adjustor
11        based on the Health Service Areas (HSA) groupings and
12        adjustors in effect on April 30, 2012.
13            (C) Facility weighted case mix which is the number
14        of Medicaid residents as indicated by the MDS data
15        defined in paragraph (4) multiplied by the associated
16        case weight for the RUG-IV 48 grouper model using
17        standard RUG-IV procedures for index maximization.
18            (D) The sum of the products calculated for each
19        nursing home in subparagraphs (A) through (C) above
20        shall be the base year case mix, rate adjusted
21        weighted days.
22        (3) The Statewide RUG-IV nursing base per diem rate:
23            (A) on January 1, 2014 shall be the quotient of the
24        paragraph (1) divided by the sum calculated under
25        subparagraph (D) of paragraph (2);
26            (B) on and after July 1, 2014 and until July 1,

 

 

HB0240 Enrolled- 36 -LRB102 05098 BMS 15118 b

1        2022, shall be the amount calculated under
2        subparagraph (A) of this paragraph (3) plus $1.76; and
3            (C) beginning July 1, 2022 and thereafter, $7
4        shall be added to the amount calculated under
5        subparagraph (B) of this paragraph (3) of this
6        Section.
7        (4) Minimum Data Set (MDS) comprehensive assessments
8    for Medicaid residents on the last day of the quarter used
9    to establish the base rate.
10        (5) Nursing facilities designated as of July 1, 2012
11    by the Department as "Institutions for Mental Disease"
12    shall be excluded from all calculations under this
13    subsection. The data from these facilities shall not be
14    used in the computations described in paragraphs (1)
15    through (4) above to establish the base rate.
16    (e) Beginning July 1, 2014, the Department shall allocate
17funding in the amount up to $10,000,000 for per diem add-ons to
18the RUGS methodology for dates of service on and after July 1,
192014:
20        (1) $0.63 for each resident who scores in I4200
21    Alzheimer's Disease or I4800 non-Alzheimer's Dementia.
22        (2) $2.67 for each resident who scores either a "1" or
23    "2" in any items S1200A through S1200I and also scores in
24    RUG groups PA1, PA2, BA1, or BA2.
25    (e-1) (Blank).
26    (e-2) For dates of services beginning January 1, 2014 and

 

 

HB0240 Enrolled- 37 -LRB102 05098 BMS 15118 b

1ending September 30, 2023, the RUG-IV nursing component per
2diem for a nursing home shall be the product of the statewide
3RUG-IV nursing base per diem rate, the facility average case
4mix index, and the regional wage adjustor. For dates of
5service beginning July 1, 2022 and ending September 30, 2023,
6the Medicaid access adjustment described in subsection (e-3)
7shall be added to the product.
8    (e-3) A Medicaid Access Adjustment of $4 adjusted for the
9facility average PDPM case mix index calculated quarterly
10shall be added to the statewide PDPM nursing per diem for all
11facilities with annual Medicaid bed days of at least 70% of all
12occupied bed days adjusted quarterly. For each new calendar
13year and for the 6-month period beginning July 1, 2022, the
14percentage of a facility's occupied bed days comprised of
15Medicaid bed days shall be determined by the Department
16quarterly. For dates of service beginning January 1, 2023, the
17Medicaid Access Adjustment shall be increased to $4.75. This
18subsection shall be inoperative on and after January 1, 2028.
19    (f) (Blank).
20    (g) Notwithstanding any other provision of this Code, on
21and after July 1, 2012, for facilities not designated by the
22Department of Healthcare and Family Services as "Institutions
23for Mental Disease", rates effective May 1, 2011 shall be
24adjusted as follows:
25        (1) (Blank);
26        (2) (Blank);

 

 

HB0240 Enrolled- 38 -LRB102 05098 BMS 15118 b

1        (3) Facility rates for the capital and support
2    components shall be reduced by 1.7%.
3    (h) Notwithstanding any other provision of this Code, on
4and after July 1, 2012, nursing facilities designated by the
5Department of Healthcare and Family Services as "Institutions
6for Mental Disease" and "Institutions for Mental Disease" that
7are facilities licensed under the Specialized Mental Health
8Rehabilitation Act of 2013 shall have the nursing,
9socio-developmental, capital, and support components of their
10reimbursement rate effective May 1, 2011 reduced in total by
112.7%.
12    (i) On and after July 1, 2014, the reimbursement rates for
13the support component of the nursing facility rate for
14facilities licensed under the Nursing Home Care Act as skilled
15or intermediate care facilities shall be the rate in effect on
16June 30, 2014 increased by 8.17%.
17    (j) Notwithstanding any other provision of law, subject to
18federal approval, effective July 1, 2019, sufficient funds
19shall be allocated for changes to rates for facilities
20licensed under the Nursing Home Care Act as skilled nursing
21facilities or intermediate care facilities for dates of
22services on and after July 1, 2019: (i) to establish, through
23June 30, 2022 a per diem add-on to the direct care per diem
24rate not to exceed $70,000,000 annually in the aggregate
25taking into account federal matching funds for the purpose of
26addressing the facility's unique staffing needs, adjusted

 

 

HB0240 Enrolled- 39 -LRB102 05098 BMS 15118 b

1quarterly and distributed by a weighted formula based on
2Medicaid bed days on the last day of the second quarter
3preceding the quarter for which the rate is being adjusted.
4Beginning July 1, 2022, the annual $70,000,000 described in
5the preceding sentence shall be dedicated to the variable per
6diem add-on for staffing under paragraph (6) of subsection
7(d); and (ii) in an amount not to exceed $170,000,000 annually
8in the aggregate taking into account federal matching funds to
9permit the support component of the nursing facility rate to
10be updated as follows:
11        (1) 80%, or $136,000,000, of the funds shall be used
12    to update each facility's rate in effect on June 30, 2019
13    using the most recent cost reports on file, which have had
14    a limited review conducted by the Department of Healthcare
15    and Family Services and will not hold up enacting the rate
16    increase, with the Department of Healthcare and Family
17    Services.
18        (2) After completing the calculation in paragraph (1),
19    any facility whose rate is less than the rate in effect on
20    June 30, 2019 shall have its rate restored to the rate in
21    effect on June 30, 2019 from the 20% of the funds set
22    aside.
23        (3) The remainder of the 20%, or $34,000,000, shall be
24    used to increase each facility's rate by an equal
25    percentage.
26    (k) During the first quarter of State Fiscal Year 2020,

 

 

HB0240 Enrolled- 40 -LRB102 05098 BMS 15118 b

1the Department of Healthcare of Family Services must convene a
2technical advisory group consisting of members of all trade
3associations representing Illinois skilled nursing providers
4to discuss changes necessary with federal implementation of
5Medicare's Patient-Driven Payment Model. Implementation of
6Medicare's Patient-Driven Payment Model shall, by September 1,
72020, end the collection of the MDS data that is necessary to
8maintain the current RUG-IV Medicaid payment methodology. The
9technical advisory group must consider a revised reimbursement
10methodology that takes into account transparency,
11accountability, actual staffing as reported under the
12federally required Payroll Based Journal system, changes to
13the minimum wage, adequacy in coverage of the cost of care, and
14a quality component that rewards quality improvements.
15    (l) The Department shall establish per diem add-on
16payments to improve the quality of care delivered by
17facilities, including:
18        (1) Incentive payments determined by facility
19    performance on specified quality measures in an initial
20    amount of $70,000,000. Nothing in this subsection shall be
21    construed to limit the quality of care payments in the
22    aggregate statewide to $70,000,000, and, if quality of
23    care has improved across nursing facilities, the
24    Department shall adjust those add-on payments accordingly.
25    The quality payment methodology described in this
26    subsection must be used for at least State Fiscal Year

 

 

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1    2023. Beginning with the quarter starting July 1, 2023,
2    the Department may add, remove, or change quality metrics
3    and make associated changes to the quality payment
4    methodology as outlined in subparagraph (E). Facilities
5    designated by the Centers for Medicare and Medicaid
6    Services as a special focus facility or a hospital-based
7    nursing home do not qualify for quality payments.
8            (A) Each quality pool must be distributed by
9        assigning a quality weighted score for each nursing
10        home which is calculated by multiplying the nursing
11        home's quality base period Medicaid days by the
12        nursing home's star rating weight in that period.
13            (B) Star rating weights are assigned based on the
14        nursing home's star rating for the LTS quality star
15        rating. As used in this subparagraph, "LTS quality
16        star rating" means the long-term stay quality rating
17        for each nursing facility, as assigned by the Centers
18        for Medicare and Medicaid Services under the Five-Star
19        Quality Rating System. The rating is a number ranging
20        from 0 (lowest) to 5 (highest).
21                (i) Zero-star or one-star rating has a weight
22            of 0.
23                (ii) Two-star rating has a weight of 0.75.
24                (iii) Three-star rating has a weight of 1.5.
25                (iv) Four-star rating has a weight of 2.5.
26                (v) Five-star rating has a weight of 3.5.

 

 

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1            (C) Each nursing home's quality weight score is
2        divided by the sum of all quality weight scores for
3        qualifying nursing homes to determine the proportion
4        of the quality pool to be paid to the nursing home.
5            (D) The quality pool is no less than $70,000,000
6        annually or $17,500,000 per quarter. The Department
7        shall publish on its website the estimated payments
8        and the associated weights for each facility 45 days
9        prior to when the initial payments for the quarter are
10        to be paid. The Department shall assign each facility
11        the most recent and applicable quarter's STAR value
12        unless the facility notifies the Department within 15
13        days of an issue and the facility provides reasonable
14        evidence demonstrating its timely compliance with
15        federal data submission requirements for the quarter
16        of record. If such evidence cannot be provided to the
17        Department, the STAR rating assigned to the facility
18        shall be reduced by one from the prior quarter.
19            (E) The Department shall review quality metrics
20        used for payment of the quality pool and make
21        recommendations for any associated changes to the
22        methodology for distributing quality pool payments in
23        consultation with associations representing long-term
24        care providers, consumer advocates, organizations
25        representing workers of long-term care facilities, and
26        payors. The Department may establish, by rule, changes

 

 

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1        to the methodology for distributing quality pool
2        payments.
3            (F) The Department shall disburse quality pool
4        payments from the Long-Term Care Provider Fund on a
5        monthly basis in amounts proportional to the total
6        quality pool payment determined for the quarter.
7            (G) The Department shall publish any changes in
8        the methodology for distributing quality pool payments
9        prior to the beginning of the measurement period or
10        quality base period for any metric added to the
11        distribution's methodology.
12        (2) Payments based on CNA tenure, promotion, and CNA
13    training for the purpose of increasing CNA compensation.
14    It is the intent of this subsection that payments made in
15    accordance with this paragraph be directly incorporated
16    into increased compensation for CNAs. As used in this
17    paragraph, "CNA" means a certified nursing assistant as
18    that term is described in Section 3-206 of the Nursing
19    Home Care Act, Section 3-206 of the ID/DD Community Care
20    Act, and Section 3-206 of the MC/DD Act. The Department
21    shall establish, by rule, payments to nursing facilities
22    equal to Medicaid's share of the tenure wage increments
23    specified in this paragraph for all reported CNA employee
24    hours compensated according to a posted schedule
25    consisting of increments at least as large as those
26    specified in this paragraph. The increments are as

 

 

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1    follows: an additional $1.50 per hour for CNAs with at
2    least one and less than 2 years' experience plus another
3    $1 per hour for each additional year of experience up to a
4    maximum of $6.50 for CNAs with at least 6 years of
5    experience. For purposes of this paragraph, Medicaid's
6    share shall be the ratio determined by paid Medicaid bed
7    days divided by total bed days for the applicable time
8    period used in the calculation. In addition, and additive
9    to any tenure increments paid as specified in this
10    paragraph, the Department shall establish, by rule,
11    payments supporting Medicaid's share of the
12    promotion-based wage increments for CNA employee hours
13    compensated for that promotion with at least a $1.50
14    hourly increase. Medicaid's share shall be established as
15    it is for the tenure increments described in this
16    paragraph. Qualifying promotions shall be defined by the
17    Department in rules for an expected 10-15% subset of CNAs
18    assigned intermediate, specialized, or added roles such as
19    CNA trainers, CNA scheduling "captains", and CNA
20    specialists for resident conditions like dementia or
21    memory care or behavioral health.
22    (m) The Department shall work with nursing facility
23industry representatives to design policies and procedures to
24permit facilities to address the integrity of data from
25federal reporting sites used by the Department in setting
26facility rates.

 

 

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1(Source: P.A. 101-10, eff. 6-5-19; 101-348, eff. 8-9-19;
2102-77, eff. 7-9-21; 102-558, eff. 8-20-21; 102-1035, eff.
35-31-22.)
 
4    (305 ILCS 5/5-5.7b)
5    Sec. 5-5.7b. Pandemic related stability payments to
6ambulance service providers in response to COVID-19.
7    (a) Definitions. As used in this Section:
8    "Ambulance Services Industry" means the industry that is
9comprised of "Qualifying Ground Ambulance Service Providers",
10as defined in this Section.
11    "Qualifying Ground Ambulance Service Provider" means a
12"vehicle service provider," as that term is defined in Section
133.85 of the Emergency Medical Services (EMS) Systems Act,
14which operates licensed ambulances for the purpose of
15providing emergency, non-emergency ambulance services, or both
16emergency and non-emergency ambulance services. The term
17"Qualifying Ground Ambulance Service Provider" is limited to
18ambulance and EMS agencies that are privately held and
19nonprofit organizations headquartered within the State and
20licensed by the Department of Public Health as of March 12,
212020.
22    "Eligible worker" means a staff member of a Qualifying
23Ground Ambulance Service Provider engaged in "essential work",
24as defined by Section 9901 of the ARPA and related federal
25guidance, and (1) whose total pay is below 150% of the average

 

 

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1annual wage for all occupations in the worker's county of
2residence, as defined by the BLS Occupational Employment and
3Wage Statistics or (2) is not exempt from the federal Fair
4Labor Standards Act overtime provisions.
5    (b) Purpose. The Department may receive federal funds
6under the authority of legislation passed in response to the
7Coronavirus epidemic, including, but not limited to, the
8American Rescue Plan Act of 2021, P.L. 117-2 (the "ARPA").
9Upon receipt or availability of such State or federal funds,
10and subject to appropriations for their use, the Department
11shall establish and administer programs for purposes allowable
12under Section 9901 of the ARPA to provide financial assistance
13to Qualifying Ground Ambulance Service Providers for premium
14pay for eligible workers, to provide reimbursement for
15eligible expenditures, and to provide support following the
16negative economic impact of the COVID-19 public health
17emergency on the Ambulance Services Industry. Financial
18assistance may include, but is not limited to, grants, expense
19reimbursements, or subsidies.
20    (b-1) By December 31, 2022, the Department shall obtain
21appropriate documentation from Qualifying Ground Ambulance
22Service Providers to ascertain an accurate count of the number
23of licensed vehicles available to serve enrollees in the
24State's medical assistance programs, which shall be known as
25the "total eligible vehicles". By February 28, 2023,
26Qualifying Ground Ambulance Service Providers shall be

 

 

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1initially notified of their eligible award, which shall be the
2product of (i) the total amount of funds allocated under this
3Section and (ii) a quotient, the numerator of which is the
4number of licensed ground ambulance vehicles of an individual
5Qualifying Ground Ambulance Service Provider and the
6denominator of which is the total eligible vehicles. After
7March 31, 2024, any unobligated funds shall be reallocated pro
8rata to the remaining Qualifying Ground Ambulance Service
9Providers that are able to prove up eligible expenses in
10excess of their initial award amount until all such
11appropriated funds are exhausted.
12    Providers shall indicate to the Department what portion of
13their award they wish to allocate under the purposes outlined
14under paragraphs (d), (e), or (f), if applicable, of this
15Section.
16    (c) Non-Emergency Service Certification. To be eligible
17for funding under this Section, a Qualifying Ground Ambulance
18Service Provider that provides non-emergency services to
19institutional residents must certify whether or not it is able
20to that it will provide non-emergency ambulance services to
21individuals enrolled in the State's Medical Assistance Program
22and residing in non-institutional settings for at least one
23year following the receipt of funding pursuant to this
24amendatory Act of the 102nd General Assembly. Certification
25indicating that a provider has such an ability does not mean
26that a provider is required to accept any or all requested

 

 

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1transports. The provider shall maintain the certification in
2its records. The provider shall also maintain documentation of
3all non-emergency ambulance services for the period covered by
4the certification. The provider shall produce the
5certification and supporting documentation upon demand by the
6Department or its representative. Failure to comply shall
7result in recovery of any payments made by the Department.
8    (d) Premium Pay Initiative. Subject to paragraph (c) of
9this Section, the Department shall establish a Premium Pay
10Initiative to distribute awards to each Qualifying Ground
11Ambulance Service Provider for the purpose of providing
12premium pay to eligible workers.
13        (1) Financial assistance pursuant to this paragraph
14    (d) shall be scaled based on a process determined by the
15    Department. The amount awarded to each Qualifying Ground
16    Ambulance Service Provider shall be up to $13 per hour for
17    each eligible worker employed.
18        (2) The financial assistance awarded shall only be
19    expended for premium pay for eligible workers, which must
20    be in addition to any wages or remuneration the eligible
21    worker has already received and shall be subject to the
22    other requirements and limitations set forth in the ARPA
23    and related federal guidance.
24        (3) Upon receipt of funds, the Qualifying Ground
25    Ambulance Service Provider shall distribute funds such
26    that an eligible worker receives an amount up to $13 per

 

 

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1    hour but no more than $25,000 for the duration of the
2    program. The Qualifying Ground Ambulance Service Provider
3    shall provide a written certification to the Department
4    acknowledging compliance with this paragraph (d).
5        (4) No portion of these funds shall be spent on
6    volunteer staff.
7        (5) These funds shall not be used to make retroactive
8    premium payments prior to the effective date of this
9    amendatory Act of the 102nd General Assembly.
10        (6) The Department shall require each Qualifying
11    Ground Ambulance Service Provider that receives funds
12    under this paragraph (d) to submit appropriate
13    documentation acknowledging compliance with State and
14    federal law on an annual basis.
15    (e) COVID-19 Response Support Initiative. Subject to
16paragraph (c) of this Section and based on an application
17filed by a Qualifying Ground Ambulance Service Provider, the
18Department shall establish the Ground Ambulance COVID-19
19Response Support Initiative. The purpose of the award shall be
20to reimburse Qualifying Ground Ambulance Service Providers for
21eligible expenses under Section 9901 of the ARPA related to
22the public health impacts of the COVID-19 public health
23emergency, including, but not limited to: (i) costs incurred
24due to the COVID-19 public health emergency; (ii) costs
25related to vaccination programs, including vaccine incentives;
26(iii) costs related to COVID-19 testing; (iv) costs related to

 

 

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1COVID-19 prevention and treatment equipment; (v) expenses for
2medical supplies; (vi) expenses for personal protective
3equipment; (vii) costs related to isolation and quarantine;
4(viii) costs for ventilation system installation and
5improvement; (ix) costs related to other emergency response
6equipment, such as ground ambulances, ventilators, cardiac
7monitoring equipment, defibrillation equipment, pacing
8equipment, ambulance stretchers, and radio equipment; and (x)
9other emergency medical response expenses. costs related to
10COVID-19 testing for patients, COVID-19 prevention and
11treatment equipment, medical supplies, personal protective
12equipment, and other emergency medical response treatments.
13        (1) The award shall be for eligible obligated
14    expenditures incurred no earlier than May 1, 2022 and no
15    later than June 30, 2024 2023. Expenditures under this
16    paragraph must be incurred by June 30, 2025.
17        (2) Funds awarded under this paragraph (e) shall not
18    be expended for premium pay to eligible workers.
19        (3) The Department shall require each Qualifying
20    Ground Ambulance Service Provider that receives funds
21    under this paragraph (e) to submit appropriate
22    documentation acknowledging compliance with State and
23    federal law on an annual basis. For purchases of medical
24    equipment or other capital expenditures, the Qualifying
25    Ground Ambulance Service Provider shall include
26    documentation that describes the harm or need to be

 

 

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1    addressed by the expenditures and how that capital
2    expenditure is appropriate to address that identified harm
3    or need.
4    (f) Ambulance Industry Recovery Program. If the Department
5designates the Ambulance Services Industry as an "impacted
6industry", as defined by the ARPA and related federal
7guidance, the Department shall establish the Ambulance
8Industry Recovery Grant Program, to provide aid to Qualifying
9Ground Ambulance Service Providers that experienced staffing
10losses due to the COVID-19 public health emergency.
11        (1) Funds awarded under this paragraph (f) shall not
12    be expended for premium pay to eligible workers.
13        (2) Each Qualifying Ground Ambulance Service Provider
14    that receives funds under this paragraph (f) shall comply
15    with paragraph (c) of this Section.
16        (3) The Department shall require each Qualifying
17    Ground Ambulance Service Provider that receives funds
18    under this paragraph (f) to submit appropriate
19    documentation acknowledging compliance with State and
20    federal law on an annual basis.
21(Source: P.A. 102-699, eff. 4-19-22.)
 
22    (305 ILCS 5/5B-2)  (from Ch. 23, par. 5B-2)
23    Sec. 5B-2. Assessment; no local authorization to tax.
24    (a) For the privilege of engaging in the occupation of
25long-term care provider, beginning July 1, 2011 through June

 

 

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130, 2022, or upon federal approval by the Centers for Medicare
2and Medicaid Services of the long-term care provider
3assessment described in subsection (a-1), whichever is later,
4an assessment is imposed upon each long-term care provider in
5an amount equal to $6.07 times the number of occupied bed days
6due and payable each month. Notwithstanding any provision of
7any other Act to the contrary, this assessment shall be
8construed as a tax, but shall not be billed or passed on to any
9resident of a nursing home operated by the nursing home
10provider.
11    (a-1) For the privilege of engaging in the occupation of
12long-term care provider for each occupied non-Medicare bed
13day, beginning July 1, 2022, an assessment is imposed upon
14each long-term care provider in an amount varying with the
15number of paid Medicaid resident days per annum in the
16facility with the following schedule of occupied bed tax
17amounts. This assessment is due and payable each month. The
18tax shall follow the schedule below and be rebased by the
19Department on an annual basis. The Department shall publish
20each facility's rebased tax rate according to the schedule in
21this Section 30 days prior to the beginning of the 6-month
22period beginning July 1, 2022 and thereafter 30 days prior to
23the beginning of each calendar year which shall incorporate
24the number of paid Medicaid days used to determine each
25facility's rebased tax rate.
26        (1) 0-5,000 paid Medicaid resident days per annum,

 

 

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1    $10.67.
2        (2) 5,001-15,000 paid Medicaid resident days per
3    annum, $19.20.
4        (3) 15,001-35,000 paid Medicaid resident days per
5    annum, $22.40.
6        (4) 35,001-55,000 paid Medicaid resident days per
7    annum, $19.20.
8        (5) 55,001-65,000 paid Medicaid resident days per
9    annum, $13.86.
10        (6) 65,001+ paid Medicaid resident days per annum,
11    $10.67.
12        (7) Any non-profit nursing facilities without
13    Medicaid-certified beds or any nursing facility owned and
14    operated by a county government, $7 per occupied bed day.
15    The changes made by this amendatory Act of the 102nd
16    General Assembly to this paragraph (7) shall be
17    implemented only upon federal approval.
18    Notwithstanding any provision of any other Act to the
19contrary, this assessment shall be construed as a tax but
20shall not be billed or passed on to any resident of a nursing
21home operated by the nursing home provider.
22    For each new calendar year and for the 6-month period
23beginning July 1, 2022, a facility's paid Medicaid resident
24days per annum shall be determined using the Department's
25Medicaid Management Information System to include Medicaid
26resident days for the year ending 9 months earlier.

 

 

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1    (b) Nothing in this amendatory Act of 1992 shall be
2construed to authorize any home rule unit or other unit of
3local government to license for revenue or impose a tax or
4assessment upon long-term care providers or the occupation of
5long-term care provider, or a tax or assessment measured by
6the income or earnings or occupied bed days of a long-term care
7provider.
8    (c) The assessment imposed by this Section shall not be
9due and payable, however, until after the Department notifies
10the long-term care providers, in writing, that the payment
11methodologies to long-term care providers required under
12Section 5-5.2 of this Code have been approved by the Centers
13for Medicare and Medicaid Services of the U.S. Department of
14Health and Human Services and that the waivers under 42 CFR
15433.68 for the assessment imposed by this Section, if
16necessary, have been granted by the Centers for Medicare and
17Medicaid Services of the U.S. Department of Health and Human
18Services.
19(Source: P.A. 102-1035, eff. 5-31-22.)
 
20    Section 40. The Rebuild Illinois Mental Health Workforce
21Act is amended by changing Sections 20-10 and 20-20 as
22follows:
 
23    (305 ILCS 66/20-10)
24    Sec. 20-10. Medicaid funding for community mental health

 

 

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1services. Medicaid funding for the specific community mental
2health services listed in this Act shall be adjusted and paid
3as set forth in this Act. Such payments shall be paid in
4addition to the base Medicaid reimbursement rate and add-on
5payment rates per service unit.
6    (a) The payment adjustments shall begin on July 1, 2022
7for State Fiscal Year 2023 and shall continue for every State
8fiscal year thereafter.
9        (1) Individual Therapy Medicaid Payment rate for
10    services provided under the H0004 Code:
11            (A) The Medicaid total payment rate for individual
12        therapy provided by a qualified mental health
13        professional shall be increased by no less than $9 per
14        service unit.
15            (B) The Medicaid total payment rate for individual
16        therapy provided by a mental health professional shall
17        be increased by no less then $9 per service unit.
18        (2) Community Support - Individual Medicaid Payment
19    rate for services provided under the H2015 Code: All
20    community support - individual services shall be increased
21    by no less than $15 per service unit.
22        (3) Case Management Medicaid Add-on Payment for
23    services provided under the T1016 code: All case
24    management services rates shall be increased by no less
25    than $15 per service unit.
26        (4) Assertive Community Treatment Medicaid Add-on

 

 

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1    Payment for services provided under the H0039 code: The
2    Medicaid total payment rate for assertive community
3    treatment services shall increase by no less than $8 per
4    service unit.
5        (5) Medicaid user-based directed payments.
6            (A) For each State fiscal year, a monthly directed
7        payment shall be paid to a community mental health
8        provider of community support team services based on
9        the number of Medicaid users of community support team
10        services documented by Medicaid fee-for-service and
11        managed care encounter claims delivered by that
12        provider in the base year. The Department of
13        Healthcare and Family Services shall make the monthly
14        directed payment to each provider entitled to directed
15        payments under this Act by no later than the last day
16        of each month throughout each State fiscal year.
17                (i) The monthly directed payment for a
18            community support team provider shall be
19            calculated as follows: The sum total number of
20            individual Medicaid users of community support
21            team services delivered by that provider
22            throughout the base year, multiplied by $4,200 per
23            Medicaid user, divided into 12 equal monthly
24            payments for the State fiscal year.
25                (ii) As used in this subparagraph, "user"
26            means an individual who received at least 200

 

 

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1            units of community support team services (H2016)
2            during the base year.
3            (B) For each State fiscal year, a monthly directed
4        payment shall be paid to each community mental health
5        provider of assertive community treatment services
6        based on the number of Medicaid users of assertive
7        community treatment services documented by Medicaid
8        fee-for-service and managed care encounter claims
9        delivered by the provider in the base year.
10                (i) The monthly direct payment for an
11            assertive community treatment provider shall be
12            calculated as follows: The sum total number of
13            Medicaid users of assertive community treatment
14            services provided by that provider throughout the
15            base year, multiplied by $6,000 per Medicaid user,
16            divided into 12 equal monthly payments for that
17            State fiscal year.
18                (ii) As used in this subparagraph, "user"
19            means an individual that received at least 300
20            units of assertive community treatment services
21            during the base year.
22            (C) The base year for directed payments under this
23        Section shall be calendar year 2019 for State Fiscal
24        Year 2023 and State Fiscal Year 2024. For the State
25        fiscal year beginning on July 1, 2024, and for every
26        State fiscal year thereafter, the base year shall be

 

 

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1        the calendar year that ended 18 months prior to the
2        start of the State fiscal year in which payments are
3        made.
4    (b) Subject to federal approval, a one-time directed
5payment must be made in calendar year 2023 for community
6mental health services provided by community mental health
7providers. The one-time directed payment shall be for an
8amount appropriated for these purposes. The one-time directed
9payment shall be for services for Integrated Assessment and
10Treatment Planning and other intensive services, including,
11but not limited to, services for Mobile Crisis Response,
12crisis intervention, and medication monitoring. The amounts
13and services used for designing and distributing these
14one-time directed payments shall not be construed to require
15any future rate or funding increases for the same or other
16mental health services.
17(Source: P.A. 102-699, eff. 4-19-22.)
 
18    (305 ILCS 66/20-20)
19    Sec. 20-20. Base Medicaid rates or add-on payments.
20    (a) For services under subsection (a) of Section 20-10. No
21base Medicaid rate or Medicaid rate add-on payment or any
22other payment for the provision of Medicaid community mental
23health services in place on July 1, 2021 shall be diminished or
24changed to make the reimbursement changes required by this
25Act. Any payments required under this Act that are delayed due

 

 

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1to implementation challenges or federal approval shall be made
2retroactive to July 1, 2022 for the full amount required by
3this Act regardless of the amount a provider bills Illinois'
4Medical Assistance Program (via a Medicaid managed care
5organization or the Department of Healthcare and Family
6Services directly) for such services.
7    (b) For directed payments under subsection (b) of Section
820-10. No base Medicaid rate payment or any other payment for
9the provision of Medicaid community mental health services in
10place on January 1, 2023 shall be diminished or changed to make
11the reimbursement changes required by this Act. The Department
12of Healthcare and Family Services must pay the directed
13payment in one installment within 60 days of receiving federal
14approval.
15(Source: P.A. 102-699, eff. 4-19-22.)
 
16    Section 45. The Code of Criminal Procedure of 1963 is
17amended by changing Sections 104-17 and 104-23 as follows:
 
18    (725 ILCS 5/104-17)  (from Ch. 38, par. 104-17)
19    Sec. 104-17. Commitment for treatment; treatment plan.
20    (a) If the defendant is eligible to be or has been released
21on pretrial release or on his own recognizance, the court
22shall select the least physically restrictive form of
23treatment therapeutically appropriate and consistent with the
24treatment plan. The placement may be ordered either on an

 

 

HB0240 Enrolled- 60 -LRB102 05098 BMS 15118 b

1inpatient or an outpatient basis.
2    (b) If the defendant's disability is mental, the court may
3order him placed for secure treatment in the custody of the
4Department of Human Services, or the court may order him
5placed in the custody of any other appropriate public or
6private mental health facility or treatment program which has
7agreed to provide treatment to the defendant. If the most
8serious charge faced by the defendant is a misdemeanor, the
9court shall order outpatient treatment, unless the court finds
10good cause on the record to order inpatient treatment. If the
11court orders the defendant to inpatient treatment placed in
12the custody of the Department of Human Services, the
13Department shall evaluate the defendant to determine the most
14appropriate to which secure facility to receive the defendant
15shall be transported and, within 20 days of the transmittal by
16the clerk of the circuit court of the court's placement court
17order, notify the court of sheriff of the designated facility
18to receive the defendant. The Department shall admit the
19defendant to a secure facility within 60 days of the
20transmittal of the court's placement order, unless the
21Department can demonstrate good faith efforts at placement and
22a lack of bed and placement availability. If placement cannot
23be made within 60 days of the transmittal of the court's
24placement order and the Department has demonstrated good faith
25efforts at placement and a lack of bed and placement
26availability, the Department shall provide an update to the

 

 

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1ordering court every 30 days until the defendant is placed.
2Once bed and placement availability is determined, the
3Department shall notify Upon receipt of that notice, the
4sheriff who shall promptly transport the defendant to the
5designated facility. If the defendant is placed in the custody
6of the Department of Human Services, the defendant shall be
7placed in a secure setting. During the period of time required
8to determine bed and placement availability at the designated
9facility, the appropriate placement the defendant shall remain
10in jail. If during the course of evaluating the defendant for
11placement, the Department of Human Services determines that
12the defendant is currently fit to stand trial, it shall
13immediately notify the court and shall submit a written report
14within 7 days. In that circumstance the placement shall be
15held pending a court hearing on the Department's report.
16Otherwise, upon completion of the placement process, including
17identifying bed and placement availability, the sheriff shall
18be notified and shall transport the defendant to the
19designated facility. If, within 60 20 days of the transmittal
20by the clerk of the circuit court of the court's placement
21court order, the Department fails to provide notify the
22sheriff with notice of bed and placement availability at the
23designated facility, of the identity of the facility to which
24the defendant shall be transported, the sheriff shall contact
25a designated person within the Department to inquire about
26when a placement will become available at the designated

 

 

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1facility as well as bed and placement and bed availability at
2other secure facilities. If, within 20 days of the transmittal
3by the clerk of the circuit court of the placement court order,
4the Department fails to notify the sheriff of the identity of
5the facility to which the defendant shall be transported, the
6sheriff shall notify the Department of its intent to transfer
7the defendant to the nearest secure mental health facility
8operated by the Department and inquire as to the status of the
9placement evaluation and availability for admission to such
10facility operated by the Department by contacting a designated
11person within the Department. The Department shall respond to
12the sheriff within 2 business days of the notice and inquiry by
13the sheriff seeking the transfer and the Department shall
14provide the sheriff with the status of the evaluation,
15information on bed and placement availability, and an
16estimated date of admission for the defendant and any changes
17to that estimated date of admission. If the Department
18notifies the sheriff during the 2 business day period of a
19facility operated by the Department with placement
20availability, the sheriff shall promptly transport the
21defendant to that facility. The placement may be ordered
22either on an inpatient or an outpatient basis.
23    (c) If the defendant's disability is physical, the court
24may order him placed under the supervision of the Department
25of Human Services which shall place and maintain the defendant
26in a suitable treatment facility or program, or the court may

 

 

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1order him placed in an appropriate public or private facility
2or treatment program which has agreed to provide treatment to
3the defendant. The placement may be ordered either on an
4inpatient or an outpatient basis.
5    (d) The clerk of the circuit court shall within 5 days of
6the entry of the order transmit to the Department, agency or
7institution, if any, to which the defendant is remanded for
8treatment, the following:
9        (1) a certified copy of the order to undergo
10    treatment. Accompanying the certified copy of the order to
11    undergo treatment shall be the complete copy of any report
12    prepared under Section 104-15 of this Code or other report
13    prepared by a forensic examiner for the court;
14        (2) the county and municipality in which the offense
15    was committed;
16        (3) the county and municipality in which the arrest
17    took place;
18        (4) a copy of the arrest report, criminal charges,
19    arrest record; and
20        (5) all additional matters which the Court directs the
21    clerk to transmit.
22    (e) Within 30 days of admission to the designated facility
23entry of an order to undergo treatment, the person supervising
24the defendant's treatment shall file with the court, the
25State, and the defense a report assessing the facility's or
26program's capacity to provide appropriate treatment for the

 

 

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1defendant and indicating his opinion as to the probability of
2the defendant's attaining fitness within a period of time from
3the date of the finding of unfitness. For a defendant charged
4with a felony, the period of time shall be one year. For a
5defendant charged with a misdemeanor, the period of time shall
6be no longer than the sentence if convicted of the most serious
7offense. If the report indicates that there is a substantial
8probability that the defendant will attain fitness within the
9time period, the treatment supervisor shall also file a
10treatment plan which shall include:
11        (1) A diagnosis of the defendant's disability;
12        (2) A description of treatment goals with respect to
13    rendering the defendant fit, a specification of the
14    proposed treatment modalities, and an estimated timetable
15    for attainment of the goals;
16        (3) An identification of the person in charge of
17    supervising the defendant's treatment.
18(Source: P.A. 100-27, eff. 1-1-18; 101-652, eff. 1-1-23.)
 
19    (725 ILCS 5/104-23)  (from Ch. 38, par. 104-23)
20    Sec. 104-23. Unfit defendants. Cases involving an unfit
21defendant who demands a discharge hearing or a defendant who
22cannot become fit to stand trial and for whom no special
23provisions or assistance can compensate for his disability and
24render him fit shall proceed in the following manner:
25    (a) Upon a determination that there is not a substantial

 

 

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1probability that the defendant will attain fitness within the
2time period set in subsection (e) of Section 104-17 of this
3Code from the original finding of unfitness, the court shall
4hold a discharge hearing within 60 days, unless good cause is
5shown for the delay. a defendant or the attorney for the
6defendant may move for a discharge hearing pursuant to the
7provisions of Section 104-25. The discharge hearing shall be
8held within 120 days of the filing of a motion for a discharge
9hearing, unless the delay is occasioned by the defendant.
10    (b) If at any time the court determines that there is not a
11substantial probability that the defendant will become fit to
12stand trial or to plead within the time period set in
13subsection (e) of Section 104-17 of this Code from the date of
14the original finding of unfitness, or if at the end of the time
15period set in subsection (e) of Section 104-17 of this Code
16from that date the court finds the defendant still unfit and
17for whom no special provisions or assistance can compensate
18for his disabilities and render him fit, the State shall
19request the court:
20        (1) To set the matter for hearing pursuant to Section
21    104-25 unless a hearing has already been held pursuant to
22    paragraph (a) of this Section; or
23        (2) To release the defendant from custody and to
24    dismiss with prejudice the charges against him; or
25        (3) To remand the defendant to the custody of the
26    Department of Human Services and order a hearing to be

 

 

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1    conducted pursuant to the provisions of the Mental Health
2    and Developmental Disabilities Code, as now or hereafter
3    amended. The Department of Human Services shall have 7
4    days from the date it receives the defendant to prepare
5    and file the necessary petition and certificates that are
6    required for commitment under the Mental Health and
7    Developmental Disabilities Code. If the defendant is
8    committed to the Department of Human Services pursuant to
9    such hearing, the court having jurisdiction over the
10    criminal matter shall dismiss the charges against the
11    defendant, with the leave to reinstate. In such cases the
12    Department of Human Services shall notify the court, the
13    State's attorney and the defense attorney upon the
14    discharge of the defendant. A former defendant so
15    committed shall be treated in the same manner as any other
16    civilly committed patient for all purposes including
17    admission, selection of the place of treatment and the
18    treatment modalities, entitlement to rights and
19    privileges, transfer, and discharge. A defendant who is
20    not committed shall be remanded to the court having
21    jurisdiction of the criminal matter for disposition
22    pursuant to subparagraph (1) or (2) of paragraph (b) of
23    this Section.
24    (c) If the defendant is restored to fitness and the
25original charges against him are reinstated, the speedy trial
26provisions of Section 103-5 shall commence to run.

 

 

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1(Source: P.A. 98-1025, eff. 8-22-14.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.