Illinois Compiled Statutes
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305 ILCS 5/5-5.5
(305 ILCS 5/5-5.5)
(from Ch. 23, par. 5-5.5)
Elements of Payment Rate.
(a) The Department of Healthcare and Family Services shall develop a prospective method for
determining payment rates for nursing facility and ICF/DD
services in nursing facilities composed of the following cost elements:
(1) Standard Services, with the cost of this
component being determined by taking into account the actual costs to the facilities of these services subject to cost ceilings to be defined in the Department's rules.
(2) Resident Services, with the cost of this
component being determined by taking into account the actual costs, needs and utilization of these services, as derived from an assessment of the resident needs in the nursing facilities.
(3) Ancillary Services, with the payment rate being
developed for each individual type of service. Payment shall be made only when authorized under procedures developed by the Department of Healthcare and Family Services.
(4) Nurse's Aide Training, with the cost of this
component being determined by taking into account the actual cost to the facilities of such training.
(5) Real Estate Taxes, with the cost of this
component being determined by taking into account the figures contained in the most currently available cost reports (with no imposition of maximums) updated to the midpoint of the current rate year for long term care services rendered between July 1, 1984 and June 30, 1985, and with the cost of this component being determined by taking into account the actual 1983 taxes for which the nursing homes were assessed (with no imposition of maximums) updated to the midpoint of the current rate year for long term care services rendered between July 1, 1985 and June 30, 1986.
(b) In developing a prospective method for determining payment rates
for nursing facility and ICF/DD services in nursing facilities and ICF/DDs,
the Department of Healthcare and Family Services shall consider the following cost elements:
(1) Reasonable capital cost determined by utilizing
incurred interest rate and the current value of the investment, including land, utilizing composite rates, or by utilizing such other reasonable cost related methods determined by the Department. However, beginning with the rate reimbursement period effective July 1, 1987, the Department shall be prohibited from establishing, including, and implementing any depreciation factor in calculating the capital cost element.
(2) Profit, with the actual amount being produced and
accruing to the providers in the form of a return on their total investment, on the basis of their ability to economically and efficiently deliver a type of service. The method of payment may assure the opportunity for a profit, but shall not guarantee or establish a specific amount as a cost.
(c) The Illinois Department may implement the amendatory changes to
this Section made by this amendatory Act of 1991 through the use of
emergency rules in accordance with the provisions of Section 5.02 of the
Illinois Administrative Procedure Act. For purposes of the Illinois
Administrative Procedure Act, the adoption of rules to implement the
amendatory changes to this Section made by this amendatory
Act of 1991 shall be deemed an emergency and necessary for the public
interest, safety and welfare.
(d) No later than January 1, 2001, the Department of Public Aid shall file
with the Joint Committee on Administrative Rules, pursuant to the Illinois
a proposed rule, or a proposed amendment to an existing rule, regarding payment
for appropriate services, including assessment, care planning, discharge
planning, and treatment
provided by nursing facilities to residents who have a serious mental
(e) On and after July 1, 2012, the Department shall reduce any rate of reimbursement for services or other payments or alter any methodologies authorized by this Code to reduce any rate of reimbursement for services or other payments in accordance with Section 5-5e.
(Source: P.A. 96-1123, eff. 1-1-11; 96-1530, eff. 2-16-11; 97-689, eff. 6-14-12.)