Full Text of HB5183 102nd General Assembly
HB5183 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5183 Introduced 1/31/2022, by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: |
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305 ILCS 5/5B-5 | from Ch. 23, par. 5B-5 |
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Amends the Long-Term Care Provider Funding Article of the Illinois Public Aid Code. In provisions concerning annual reporting, provides that a
provider who commences operating or maintaining a long-term
care facility that was under a prior ownership and remained
licensed by the Department of Public Health shall notify the
Department of Healthcare and Family Services of any change in ownership, regardless
of percentage, and shall be responsible to immediately pay
any prior amounts owed by the facility. Provides that within 90
days after the effective date of the amendatory Act, all providers operating or maintaining
a long-term care facility shall notify the Department
of all individual owners and any individuals or organizations
that are part of a limited liability company with ownership of that facility and the percentage ownership of each owner. Provides that this
ownership reporting requirement does not include individual
shareholders in a publicly held corporation. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning public aid.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Aid Code is amended by | 5 | | changing Section 5B-5 as follows:
| 6 | | (305 ILCS 5/5B-5) (from Ch. 23, par. 5B-5)
| 7 | | Sec. 5B-5. Annual reporting; penalty; maintenance of | 8 | | records.
| 9 | | (a) After December 31 of each year, and on or before
March | 10 | | 31 of the succeeding year, every long-term care provider | 11 | | subject to
assessment under this Article shall file a report | 12 | | with the Illinois
Department. The report shall be in a form and | 13 | | manner prescribed by the Illinois Department and shall state | 14 | | the revenue received by the long-term care provider, reported | 15 | | in such categories as may be required by the Illinois | 16 | | Department, and other reasonable information the Illinois | 17 | | Department requires for the administration of its | 18 | | responsibilities under this Code.
| 19 | | (b) If a long-term care provider operates or maintains
| 20 | | more than one long-term care facility in this State, the | 21 | | provider
may not file a single return covering all those | 22 | | long-term care
facilities, but shall file a separate return | 23 | | for each
long-term care facility and shall compute and pay the |
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| 1 | | assessment
for each long-term care facility separately.
| 2 | | (c) Notwithstanding any other provision in this Article, | 3 | | in
the case of a person who ceases to operate or maintain a | 4 | | long-term
care facility in respect of which the person is | 5 | | subject to
assessment under this Article as a long-term care | 6 | | provider, the person shall file a final, amended return with | 7 | | the Illinois
Department not more than 90 days after the | 8 | | cessation reflecting
the adjustment and shall pay with the | 9 | | final return the
assessment for the year as so adjusted (to the | 10 | | extent not
previously paid). If a person fails to file a final | 11 | | amended return on a timely basis, there shall, unless waived | 12 | | by the Illinois Department for reasonable cause, be added to | 13 | | the assessment due a penalty assessment equal to 25% of the | 14 | | assessment due.
| 15 | | (d) Notwithstanding any other provision of this Article, a
| 16 | | provider who commences operating or maintaining a long-term | 17 | | care
facility that was under a prior ownership and remained | 18 | | licensed by the Department of Public Health shall notify the | 19 | | Illinois Department of any the change in ownership , regardless | 20 | | of percentage, and shall be responsible to immediately pay any | 21 | | prior amounts owed by the facility. In addition, within 90 | 22 | | days after the effective date of this amendatory Act of the | 23 | | 102nd General Assembly, all providers operating or maintaining | 24 | | a long-term care facility shall notify the Illinois Department | 25 | | of all individual owners and any individuals or organizations | 26 | | that are part of a limited liability company with ownership of |
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| 1 | | that facility and the percentage ownership of each owner. This | 2 | | ownership reporting requirement does not include individual | 3 | | shareholders in a publicly held corporation.
| 4 | | (e) The Department shall develop a procedure for sharing | 5 | | with a potential buyer of a facility information regarding | 6 | | outstanding assessments and penalties owed by that facility.
| 7 | | (f) In the case of a long-term care provider existing as a
| 8 | | corporation or legal entity other than an individual, the | 9 | | return
filed by it shall be signed by its president, | 10 | | vice-president,
secretary, or treasurer or by its properly | 11 | | authorized agent.
| 12 | | (g) If a long-term care provider fails to file its return
| 13 | | on or before the due date of the return,
there shall, unless | 14 | | waived by the Illinois Department for
reasonable cause, be | 15 | | added to the assessment imposed by Section
5B-2 a penalty | 16 | | assessment equal to 25%
of the assessment imposed for the | 17 | | year. After July 1, 2013, no penalty shall be assessed if the | 18 | | Illinois Department has not established a process for the | 19 | | electronic submission of information.
| 20 | | (h) Every long-term care provider subject to assessment
| 21 | | under this Article shall keep records and books that will
| 22 | | permit the determination of occupied bed days on a calendar | 23 | | year
basis. All such books and records shall be kept in the | 24 | | English
language and shall, at all times during business hours | 25 | | of the
day, be subject to inspection by the Illinois | 26 | | Department or its
duly authorized agents and employees.
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| 1 | | (i) The Illinois Department shall establish a process for | 2 | | long-term care providers to electronically submit all | 3 | | information required by this Section no later than July 1, | 4 | | 2013. | 5 | | (Source: P.A. 96-1530, eff. 2-16-11; 97-403, eff. 1-1-12; | 6 | | 97-813, eff. 7-13-12.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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