Full Text of SB0774 103rd General Assembly
SB0774ham003 103RD GENERAL ASSEMBLY | Rep. Robyn Gabel Filed: 5/7/2024 | | 10300SB0774ham003 | | LRB103 03230 JDS 73167 a |
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| 1 | | AMENDMENT TO SENATE BILL 774
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 774 by replacing | 3 | | line 23 on page 17 through line 18 on page 24 with the | 4 | | following: | 5 | | "Section 15. The Illinois Public Aid Code is amended by | 6 | | changing Section 5-5.01a as follows: | 7 | | (305 ILCS 5/5-5.01a) | 8 | | Sec. 5-5.01a. Supportive living facilities program. | 9 | | (a) The Department shall establish and provide oversight | 10 | | for a program of supportive living facilities that seek to | 11 | | promote resident independence, dignity, respect, and | 12 | | well-being in the most cost-effective manner. | 13 | | A supportive living facility is (i) a free-standing | 14 | | facility or (ii) a distinct physical and operational entity | 15 | | within a mixed-use building that meets the criteria | 16 | | established in subsection (d). A supportive living facility |
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| 1 | | integrates housing with health, personal care, and supportive | 2 | | services and is a designated setting that offers residents | 3 | | their own separate, private, and distinct living units. | 4 | | Sites for the operation of the program shall be selected | 5 | | by the Department based upon criteria that may include the | 6 | | need for services in a geographic area, the availability of | 7 | | funding, and the site's ability to meet the standards. | 8 | | (b) Beginning July 1, 2014, subject to federal approval, | 9 | | the Medicaid rates for supportive living facilities shall be | 10 | | equal to the supportive living facility Medicaid rate | 11 | | effective on June 30, 2014 increased by 8.85%. Once the | 12 | | assessment imposed at Article V-G of this Code is determined | 13 | | to be a permissible tax under Title XIX of the Social Security | 14 | | Act, the Department shall increase the Medicaid rates for | 15 | | supportive living facilities effective on July 1, 2014 by | 16 | | 9.09%. The Department shall apply this increase retroactively | 17 | | to coincide with the imposition of the assessment in Article | 18 | | V-G of this Code in accordance with the approval for federal | 19 | | financial participation by the Centers for Medicare and | 20 | | Medicaid Services. | 21 | | The Medicaid rates for supportive living facilities | 22 | | effective on July 1, 2017 must be equal to the rates in effect | 23 | | for supportive living facilities on June 30, 2017 increased by | 24 | | 2.8%. | 25 | | The Medicaid rates for supportive living facilities | 26 | | effective on July 1, 2018 must be equal to the rates in effect |
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| 1 | | for supportive living facilities on June 30, 2018. | 2 | | Subject to federal approval, the Medicaid rates for | 3 | | supportive living services on and after July 1, 2019 must be at | 4 | | least 54.3% of the average total nursing facility services per | 5 | | diem for the geographic areas defined by the Department while | 6 | | maintaining the rate differential for dementia care and must | 7 | | be updated whenever the total nursing facility service per | 8 | | diems are updated. Beginning July 1, 2022, upon the | 9 | | implementation of the Patient Driven Payment Model, Medicaid | 10 | | rates for supportive living services must be at least 54.3% of | 11 | | the average total nursing services per diem rate for the | 12 | | geographic areas. For purposes of this provision, the average | 13 | | total nursing services per diem rate shall include all add-ons | 14 | | for nursing facilities for the geographic area provided for in | 15 | | Section 5-5.2. The rate differential for dementia care must be | 16 | | maintained in these rates and the rates shall be updated | 17 | | whenever nursing facility per diem rates are updated. | 18 | | Subject to federal approval, beginning January 1, 2024, | 19 | | the dementia care rate for supportive living services must be | 20 | | no less than the non-dementia care supportive living services | 21 | | rate multiplied by 1.5. | 22 | | (c) The Department may adopt rules to implement this | 23 | | Section. Rules that establish or modify the services, | 24 | | standards, and conditions for participation in the program | 25 | | shall be adopted by the Department in consultation with the | 26 | | Department on Aging, the Department of Rehabilitation |
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| 1 | | Services, and the Department of Mental Health and | 2 | | Developmental Disabilities (or their successor agencies). | 3 | | (d) Subject to federal approval by the Centers for | 4 | | Medicare and Medicaid Services, the Department shall accept | 5 | | for consideration of certification under the program any | 6 | | application for a site or building where distinct parts of the | 7 | | site or building are designated for purposes other than the | 8 | | provision of supportive living services, but only if: | 9 | | (1) those distinct parts of the site or building are | 10 | | not designated for the purpose of providing assisted | 11 | | living services as required under the Assisted Living and | 12 | | Shared Housing Act; | 13 | | (2) those distinct parts of the site or building are | 14 | | completely separate from the part of the building used for | 15 | | the provision of supportive living program services, | 16 | | including separate entrances; | 17 | | (3) those distinct parts of the site or building do | 18 | | not share any common spaces with the part of the building | 19 | | used for the provision of supportive living program | 20 | | services; and | 21 | | (4) those distinct parts of the site or building do | 22 | | not share staffing with the part of the building used for | 23 | | the provision of supportive living program services. | 24 | | (e) Facilities or distinct parts of facilities which are | 25 | | selected as supportive living facilities and are in good | 26 | | standing with the Department's rules are exempt from the |
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| 1 | | provisions of the Nursing Home Care Act and the Illinois | 2 | | Health Facilities Planning Act. | 3 | | (f) Section 9817 of the American Rescue Plan Act of 2021 | 4 | | (Public Law 117-2) authorizes a 10% enhanced federal medical | 5 | | assistance percentage for supportive living services for a | 6 | | 12-month period from April 1, 2021 through March 31, 2022. | 7 | | Subject to federal approval, including the approval of any | 8 | | necessary waiver amendments or other federally required | 9 | | documents or assurances, for a 12-month period the Department | 10 | | must pay a supplemental $26 per diem rate to all supportive | 11 | | living facilities with the additional federal financial | 12 | | participation funds that result from the enhanced federal | 13 | | medical assistance percentage from April 1, 2021 through March | 14 | | 31, 2022. The Department may issue parameters around how the | 15 | | supplemental payment should be spent, including quality | 16 | | improvement activities. The Department may alter the form, | 17 | | methods, or timeframes concerning the supplemental per diem | 18 | | rate to comply with any subsequent changes to federal law, | 19 | | changes made by guidance issued by the federal Centers for | 20 | | Medicare and Medicaid Services, or other changes necessary to | 21 | | receive the enhanced federal medical assistance percentage. | 22 | | (g) All applications for the expansion of supportive | 23 | | living dementia care settings involving sites not approved by | 24 | | the Department on January 1, 2024 ( the effective date of | 25 | | Public Act 103-102) this amendatory Act of the 103rd General | 26 | | Assembly may allow new elderly non-dementia units in addition |
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| 1 | | to new dementia care units. The Department may approve such | 2 | | applications only if the application has: (1) no more than one | 3 | | non-dementia care unit for each dementia care unit and (2) the | 4 | | site is not located within 4 miles of an existing supportive | 5 | | living program site in Cook County (including the City of | 6 | | Chicago), not located within 12 miles of an existing | 7 | | supportive living program site in DuPage County, Kane County, | 8 | | Lake County, McHenry County, or Will County, or not located | 9 | | within 25 miles of an existing supportive living program site | 10 | | in any other county. | 11 | | (f) Subject to federal approval, the Department shall | 12 | | allow a certified medication aide to administer medication in | 13 | | a supportive living facility. For purposes of this subsection, | 14 | | "certified medication aide" means a person who has met the | 15 | | qualifications for certification under Section 79 of the | 16 | | Assisted Living and Shared Housing Act and assists with | 17 | | medication administration while under the supervision of a | 18 | | registered professional nurse as authorized by Section 50-75 | 19 | | of the Nurse Practice Act. The Department may adopt rules to | 20 | | implement this subsection. | 21 | | (Source: P.A. 102-43, eff. 7-6-21; 102-699, eff. 4-19-22; | 22 | | 103-102, Article 20, Section 20-5, eff. 1-1-24; 103-102, | 23 | | Article 100, Section 100-5, eff. 1-1-24; revised 12-15-23.)". |
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