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90_SB0320ham006
LRB9001689SMdvam06
1 AMENDMENT TO SENATE BILL 320
2 AMENDMENT NO. . Amend Senate Bill 320, AS AMENDED,
3 by replacing the introductory clause of Section 5 with the
4 following:
5 "Section 5. The Illinois Public Aid Code is amended by
6 changing Sections 5-11, 5-16.3 and 12-13.1, and by adding
7 Sections 5-16.8, 5-16.10, and 5-16.11 as follows:
8 (305 ILCS 5/5-11) (from Ch. 23, par. 5-11)
9 (Text of Section before amendment by P.A. 89-507)
10 Sec. 5-11. Co-operative arrangements; contracts with
11 other State agencies, health care and rehabilitation
12 organizations, and fiscal intermediaries.
13 The Illinois Department may enter into co-operative
14 arrangements with State agencies responsible for
15 administering or supervising the administration of health
16 services and vocational rehabilitation services to the end
17 that there may be maximum utilization of such services in the
18 provision of medical assistance.
19 The Illinois Department shall, not later than June 30,
20 1993, enter into one or more co-operative arrangements with
21 the Department of Mental Health and Developmental
22 Disabilities providing that the Department of Mental Health
23 and Developmental Disabilities will be responsible for
-2- LRB9001689SMdvam06
1 administering or supervising all programs for services to
2 persons in community care facilities for persons with
3 developmental disabilities, including but not limited to
4 intermediate care facilities, that are supported by State
5 funds or by funding under Title XIX of the federal Social
6 Security Act.
7 The Department may also contract with such State health
8 and rehabilitation agencies and other public or private
9 health care and rehabilitation organizations to act for it in
10 supplying designated medical services to persons eligible
11 therefor under this Article. Any contracts with health
12 services or health maintenance organizations shall be
13 restricted to organizations which have been certified as
14 being in compliance with standards promulgated pursuant to
15 the laws of this State governing the establishment and
16 operation of health services or health maintenance
17 organizations. The Department may also contract with
18 insurance companies or other corporate entities serving as
19 fiscal intermediaries in this State for the Federal
20 Government in respect to Medicare payments under Title XVIII
21 of the Federal Social Security Act to act for the Department
22 in paying medical care suppliers. The provisions of Section 9
23 of "An Act in relation to State finance", approved June 10,
24 1919, as amended, notwithstanding, such contracts with State
25 agencies, other health care and rehabilitation organizations,
26 or fiscal intermediaries may provide for advance payments.
27 Not later than June 30, 1996, the Illinois Department
28 shall enter into one or more cooperative arrangements with
29 the Department of Public Health for the purpose of developing
30 a single survey for nursing facilities, including but not
31 limited to facilities funded under Title XVIII or Title XIX
32 of the federal Social Security Act or both, which shall be
33 administered and conducted solely by the Department of Public
34 Health. The Departments shall test the single survey process
-3- LRB9001689SMdvam06
1 on a pilot basis, with both the Departments of Public Aid and
2 Public Health represented on the consolidated survey team.
3 The pilot will sunset June 30, 1997. After June 30, 1997,
4 unless otherwise determined by the Governor, a single survey
5 shall be implemented by the Department of Public Health which
6 would not preclude staff from the Department of Public Aid
7 from going on-site to nursing facilities to perform necessary
8 audits and reviews which shall not replicate the single State
9 agency survey required by this Act. This Section shall not
10 apply to community or intermediate care facilities for
11 persons with developmental disabilities.
12 The Department shall ensure in its contracts under this
13 Section and under Section 5-16.3 that a College of Medicine
14 operated by the University of Illinois shall have continued
15 access to patients under these contracts. The Department
16 shall develop rules and contracts to implement this Section.
17 (Source: P.A. 89-415, eff. 1-1-96.)
18 (Text of Section after amendment by P.A. 89-507)
19 Sec. 5-11. Co-operative arrangements; contracts with
20 other State agencies, health care and rehabilitation
21 organizations, and fiscal intermediaries.
22 The Illinois Department may enter into co-operative
23 arrangements with State agencies responsible for
24 administering or supervising the administration of health
25 services and vocational rehabilitation services to the end
26 that there may be maximum utilization of such services in the
27 provision of medical assistance.
28 The Illinois Department shall, not later than June 30,
29 1993, enter into one or more co-operative arrangements with
30 the Department of Mental Health and Developmental
31 Disabilities providing that the Department of Mental Health
32 and Developmental Disabilities will be responsible for
33 administering or supervising all programs for services to
34 persons in community care facilities for persons with
-4- LRB9001689SMdvam06
1 developmental disabilities, including but not limited to
2 intermediate care facilities, that are supported by State
3 funds or by funding under Title XIX of the federal Social
4 Security Act. The responsibilities of the Department of
5 Mental Health and Developmental Disabilities under these
6 agreements are transferred to the Department of Human
7 Services as provided in the Department of Human Services Act.
8 The Department may also contract with such State health
9 and rehabilitation agencies and other public or private
10 health care and rehabilitation organizations to act for it in
11 supplying designated medical services to persons eligible
12 therefor under this Article. Any contracts with health
13 services or health maintenance organizations shall be
14 restricted to organizations which have been certified as
15 being in compliance with standards promulgated pursuant to
16 the laws of this State governing the establishment and
17 operation of health services or health maintenance
18 organizations. The Department may also contract with
19 insurance companies or other corporate entities serving as
20 fiscal intermediaries in this State for the Federal
21 Government in respect to Medicare payments under Title XVIII
22 of the Federal Social Security Act to act for the Department
23 in paying medical care suppliers. The provisions of Section
24 9 of "An Act in relation to State finance", approved June 10,
25 1919, as amended, notwithstanding, such contracts with State
26 agencies, other health care and rehabilitation organizations,
27 or fiscal intermediaries may provide for advance payments.
28 Not later than June 30, 1996, the Illinois Department
29 shall enter into one or more cooperative arrangements with
30 the Department of Public Health for the purpose of developing
31 a single survey for nursing facilities, including but not
32 limited to facilities funded under Title XVIII or Title XIX
33 of the federal Social Security Act or both, which shall be
34 administered and conducted solely by the Department of Public
-5- LRB9001689SMdvam06
1 Health. The Departments shall test the single survey process
2 on a pilot basis, with both the Departments of Public Aid and
3 Public Health represented on the consolidated survey team.
4 The pilot will sunset June 30, 1997. After June 30, 1997,
5 unless otherwise determined by the Governor, a single survey
6 shall be implemented by the Department of Public Health which
7 would not preclude staff from the Department of Public Aid
8 from going on-site to nursing facilities to perform necessary
9 audits and reviews which shall not replicate the single State
10 agency survey required by this Act. This Section shall not
11 apply to community or intermediate care facilities for
12 persons with developmental disabilities.
13 The Department shall ensure in its contracts under this
14 Section and under Section 5-16.3 that a College of Medicine
15 operated by the University of Illinois shall have continued
16 access to patients under these contracts. The Department
17 shall develop rules and contracts to implement this Section.
18 (Source: P.A. 89-415, eff. 1-1-96; 89-507, eff. 7-1-97.)";
19 and
20 in Section 5, in each of the 2 versions of the text of Sec.
21 5-16.3, by inserting after subsection (r) the following:
22 "(r-5) The Department shall ensure in its contracts
23 under this Section and under Section 5-11 that a College of
24 Medicine operated by the University of Illinois shall have
25 continued access to patients under these contracts. The
26 Department shall develop rules and contracts to implement
27 this subsection.".