State of Illinois
90th General Assembly
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[ Senate Amendment 001 ]

90_SB1420

      305 ILCS 5/5-5.4          from Ch. 23, par. 5-5.4
      305 ILCS 5/5-5.21
          Amends the "Medical Assistance" Article of the Public Aid
      Code.  With respect to standards of payment to long-term care
      providers, provides that after  June  30,  1998  the  payment
      rates  shall  include  an  update  for inflation and shall be
      based on the most  recent  cost  reports  on  file  with  the
      Department  no  later  than April 1 of the current rate year.
      With respect to the reimbursement methodology  for  long-term
      care  providers,  provides  that (i) beginning not later than
      July 1, 1999 the nursing component of the reimbursement  rate
      shall  be  calculated  according  to  a  Resource Utilization
      Grouping System (RUGS) model and  (ii)  beginning  not  later
      than   July   1,  2000  the  capital,  support,  and  nursing
      components of the  reimbursement  rate  shall  be  calculated
      according  to  a  methodology  that  is  entirely cost-based.
      Effective immediately.
                                                     LRB9009801DJcd
                                               LRB9009801DJcd
 1        AN ACT to amend the Illinois Public Aid Code by  changing
 2    Sections 5-5.4 and 5-5.21.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The Illinois Public Aid Code is  amended  by
 6    changing Sections 5-5.4 and 5-5.21 as follows:
 7        (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
 8        Sec.  5-5.4.  Standards of Payment - Department of Public
 9    Aid.  The Department of Public Aid shall develop standards of
10    payment of skilled nursing and intermediate care services  in
11    facilities providing such services under this Article which:
12        (1)  Provides  for  the  determination  of  a  facility's
13    payment for skilled nursing and intermediate care services on
14    a  prospective basis.  The amount of the payment rate for all
15    nursing facilities certified  under  the  medical  assistance
16    program  shall  be  prospectively established annually on the
17    basis  of  historical,  financial,   and   statistical   data
18    reflecting  actual  costs  from  prior  years, which shall be
19    applied to the current rate year and updated  for  inflation,
20    except  that  the  capital cost element for newly constructed
21    facilities  shall  be  based  upon  projected  budgets.   The
22    annually established payment rate shall take effect on July 1
23    in 1984  and  subsequent  years.   Rate  increases  shall  be
24    provided  annually  thereafter  on July 1 in 1984 and on each
25    subsequent July 1 in the following years, except that no rate
26    increase and, except as otherwise provided in  this  Section,
27    no update for inflation shall be provided on or after July 1,
28    1994.   Rates  established effective each July 1 shall govern
29    payment for services rendered throughout  that  fiscal  year,
30    except  that  rates  established  on  July  1,  1996 shall be
31    increased by 6.8% for services provided on or  after  January
                            -2-                LRB9009801DJcd
 1    1,  1997.  Such rates will be based upon the rates calculated
 2    for the year beginning July 1, 1990, and for subsequent years
 3    thereafter shall be based on the facility  cost  reports  for
 4    the  facility  fiscal year ending at any point in time during
 5    the previous calendar year, updated to the  midpoint  of  the
 6    rate  year.   The  cost  report  shall  be  on  file with the
 7    Department no later than April 1 of the  current  rate  year.
 8    Should  the  cost  report  not  be  on  file  by April 1, the
 9    Department shall base the rate  on  the  latest  cost  report
10    filed  by  each  skilled  care facility and intermediate care
11    facility, updated to the midpoint of the current  rate  year.
12    After  June  30,  1998  the rates shall include an update for
13    inflation and shall be based on the most recent cost  reports
14    on  file  with  the  Department  no later than April 1 of the
15    current  rate  year.    In  determining  rates  for  services
16    rendered on and after July 1, 1985, fixed time shall  not  be
17    computed  at  less  than zero.  The Department shall not make
18    any  alterations  of  regulations  which  would  reduce   any
19    component  of  the  Medicaid  rate to a level below what that
20    component would have been utilizing in the rate effective  on
21    July 1, 1984.
22        (2)  Shall take into account the actual costs incurred by
23    facilities  in  providing  services for recipients of skilled
24    nursing and intermediate  care  services  under  the  medical
25    assistance program.
26        (3)  Shall    take   into   account   the   medical   and
27    psycho-social characteristics and needs of the patients.
28        (4)  Shall take into account the actual costs incurred by
29    facilities in meeting, licensing and certification  standards
30    imposed  and  prescribed by the State of Illinois, any of its
31    political subdivisions or municipalities and  by  the  United
32    States  Department  of Health, Education and Welfare pursuant
33    to Title XIX of the Social Security Act.
34        The  Department  of  Public  Aid  shall  develop  precise
                            -3-                LRB9009801DJcd
 1    standards for payments to reimburse  nursing  facilities  for
 2    any  utilization  of appropriate rehabilitative personnel for
 3    the provision of rehabilitative services which is  authorized
 4    by  federal regulations, including reimbursement for services
 5    provided by qualified therapists or qualified assistants, and
 6    which is in accordance with accepted professional  practices.
 7    Reimbursement  also  may  be  made  for  utilization of other
 8    supportive personnel under appropriate supervision.
 9    (Source: P.A. 89-21, eff. 7-1-95; 89-499, eff. 6-28-96; 90-9,
10    eff. 7-1-97.)
11        (305 ILCS 5/5-5.21)
12        Sec. 5-5.21.  Reimbursement methodology.  The  Department
13    shall  form  a  workgroup comprised of representatives of the
14    Department, the Illinois Department  of  Public  Health,  and
15    members of the long-term care provider community to implement
16    a reimbursement methodology based upon the federally mandated
17    resident  assessment  instrument.   No  later than January 1,
18    1997, the Illinois Department in conjunction  with  the  work
19    group  will  recommend  to  the  Governor  a  methodology for
20    determining payment rates for services in nursing  facilities
21    based   upon   the  federally  mandated  resident  assessment
22    instrument.  No  later  than  June  30,  1997,  the  Illinois
23    Department shall  implement  a  methodology  for  determining
24    payment  rates  for services in nursing facilities based upon
25    federal requirements.
26        Beginning  not  later  than  July  1,  1999  the  nursing
27    component of  the  reimbursement  rate  shall  be  calculated
28    according  to  a  Resource Utilization Grouping System (RUGS)
29    model.
30        Beginning not  later  than  July  1,  2000  the  capital,
31    support,  and  nursing  components  of the reimbursement rate
32    shall be  calculated  according  to  a  methodology  that  is
33    entirely cost-based.
                            -4-                LRB9009801DJcd
 1    (Source: P.A. 89-415, eff. 1-1-96.)
 2        Section  99.  Effective date.  This Act takes effect upon
 3    becoming law.

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