Full Text of HB4551 101st General Assembly
HB4551 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4551 Introduced 2/5/2020, by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: |
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Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that supportive living facilities that are approved, but
not yet operational, and located in a county with a population
of more than 4,000,000 and in a municipality where the average
income of its residents is less than 180% of the 2019 poverty
guidelines updated periodically in the Federal Register by the
U.S. Department of Health and Human Services, may apply at any time to
convert up to 25% of its approved supportive living beds to
dementia care beds. Requires the Department of Healthcare and Family Services to approve such
applications within 90 days of receipt.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | 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 5-5.01a as follows:
| 6 | | (305 ILCS 5/5-5.01a)
| 7 | | Sec. 5-5.01a. Supportive living facilities program. | 8 | | (a) The
Department shall establish and provide oversight | 9 | | for a program of supportive living facilities that seek to | 10 | | promote
resident independence, dignity, respect, and | 11 | | well-being in the most
cost-effective manner.
| 12 | | A supportive living facility is (i) a free-standing | 13 | | facility or (ii) a distinct
physical and operational entity | 14 | | within a mixed-use building that meets the criteria established | 15 | | in subsection (d). A supportive
living facility integrates | 16 | | housing with health, personal care, and supportive
services and | 17 | | is a designated setting that offers residents their own
| 18 | | separate, private, and distinct living units.
| 19 | | Sites for the operation of the program
shall be selected by | 20 | | the Department based upon criteria
that may include the need | 21 | | for services in a geographic area, the
availability of funding, | 22 | | and the site's ability to meet the standards.
| 23 | | (b) Beginning July 1, 2014, subject to federal approval, |
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| 1 | | the Medicaid rates for supportive living facilities shall be | 2 | | equal to the supportive living facility Medicaid rate effective | 3 | | on June 30, 2014 increased by 8.85%.
Once the assessment | 4 | | imposed at Article V-G of this Code is determined to be a | 5 | | permissible tax under Title XIX of the Social Security Act, the | 6 | | Department shall increase the Medicaid rates for supportive | 7 | | living facilities effective on July 1, 2014 by 9.09%. The | 8 | | Department shall apply this increase retroactively to coincide | 9 | | with the imposition of the assessment in Article V-G of this | 10 | | Code in accordance with the approval for federal financial | 11 | | participation by the Centers for Medicare and Medicaid | 12 | | Services. | 13 | | The Medicaid rates for supportive living facilities | 14 | | effective on July 1, 2017 must be equal to the rates in effect | 15 | | for supportive living facilities on June 30, 2017 increased by | 16 | | 2.8%. | 17 | | Subject to federal approval, the Medicaid rates for | 18 | | supportive living services on and after July 1, 2019 must be at | 19 | | least 54.3% of the average total nursing facility services per | 20 | | diem for the geographic areas defined by the Department while | 21 | | maintaining the rate differential for dementia care and must be | 22 | | updated whenever the total nursing facility service per diems | 23 | | are updated. | 24 | | (c) The Department may adopt rules to implement this | 25 | | Section. Rules that
establish or modify the services, | 26 | | standards, and conditions for participation
in the program |
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| 1 | | shall be adopted by the Department in consultation
with the | 2 | | Department on Aging, the Department of Rehabilitation | 3 | | Services, and
the Department of Mental Health and Developmental | 4 | | Disabilities (or their
successor agencies).
| 5 | | (d) Subject to federal approval by the Centers for Medicare | 6 | | and Medicaid Services, the Department shall accept for | 7 | | consideration of certification under the program any | 8 | | application for a site or building where distinct parts of the | 9 | | site or building are designated for purposes other than the | 10 | | provision of supportive living services, but only if: | 11 | | (1) those distinct parts of the site or building are | 12 | | not designated for the purpose of providing assisted living | 13 | | services as required under the Assisted Living and Shared | 14 | | Housing Act; | 15 | | (2) those distinct parts of the site or building are | 16 | | completely separate from the part of the building used for | 17 | | the provision of supportive living program services, | 18 | | including separate entrances; | 19 | | (3) those distinct parts of the site or building do not | 20 | | share any common spaces with the part of the building used | 21 | | for the provision of supportive living program services; | 22 | | and | 23 | | (4) those distinct parts of the site or building do not | 24 | | share staffing with the part of the building used for the | 25 | | provision of supportive living program services. | 26 | | (e) Facilities or distinct parts of facilities which are |
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| 1 | | selected as supportive
living facilities and are in good | 2 | | standing with the Department's rules are
exempt from the | 3 | | provisions of the Nursing Home Care Act and the Illinois Health
| 4 | | Facilities Planning Act.
| 5 | | (f) Notwithstanding any provision of this Code to the | 6 | | contrary, supportive living facilities that are approved, but | 7 | | not yet operational, and located in a county with a population | 8 | | of more than 4,000,000 and in a municipality where the average | 9 | | income of its residents is less than 180% of the 2019 poverty | 10 | | guidelines updated periodically in the Federal Register by the | 11 | | U.S. Department of Health and Human Services under the | 12 | | authority of 42 U.S.C. 9902(2), may apply at any time to | 13 | | convert up to 25% of its approved supportive living beds to | 14 | | dementia care beds. The Department shall approve such | 15 | | applications within 90 days of receipt. | 16 | | (Source: P.A. 100-23, eff. 7-6-17; 100-583, eff. 4-6-18; | 17 | | 100-587, eff. 6-4-18; 101-10, eff. 6-5-19.)
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