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Public Act 094-0242 |
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AN ACT concerning hospitals.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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ARTICLE 5. | ||||
Section 5-1. Short title. This Article may be cited as the | ||||
Public Health Program Beneficiary Employer Disclosure Law.
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References in this Article to "this Law" mean this Article. | ||||
Section 5-5. Definition. In this Law, "public health | ||||
program" means either of the following: | ||||
(1) The medical assistance program under Article V of | ||||
the Illinois Public Aid Code. | ||||
(2) The children's health insurance program under the | ||||
Children's Health Insurance Program Act. | ||||
Section 5-10. Disclosure of employer required. An | ||||
applicant for health care benefits under a public health | ||||
program, or a person requesting uncompensated care in a | ||||
hospital, may identify the employer or employers of the | ||||
proposed beneficiary of the health care benefits. If the | ||||
proposed public health program beneficiary is not employed, the | ||||
applicant may identify the employer or employers of any adult | ||||
who is responsible for providing all or some of the proposed | ||||
beneficiary's support.
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Section 5-15. Reporting of employer-provided health | ||||
insurance information. | ||||
(a) Hospitals required to report information on the | ||||
uncompensated care they provide pursuant to federal Medicare | ||||
cost reporting shall determine, from information that may be | ||||
provided by a person receiving uncompensated or charity care, | ||||
whether that person is employed, and if the person is employed |
the identity of the employer. The hospital shall annually | ||
submit to the Department a summary report of the employment | ||
status information obtained from persons receiving | ||
uncompensated or charity care, including available information | ||
regarding the cost of the care provided and the number of | ||
persons employed by each identified employer. | ||
(b) Notwithstanding any other law to the contrary, the | ||
Department of Public Aid or its successor agency, in | ||
collaboration with the Department of Human Services and the | ||
Department of Financial and Professional Regulation, shall | ||
annually prepare a public health access program beneficiary | ||
employer report to be submitted to the General Assembly. For | ||
the purposes of this Section, a "public health access program | ||
beneficiary" means a person who receives medical assistance | ||
under Title XIX or XXI of the federal Social Security Act.
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Subject to federal approval, the report shall provide the | ||
following information for each employer who has more than 100 | ||
employees and 25 or more public health access program | ||
beneficiaries:
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(1) The name and address of the qualified employer.
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(2) The number of public health access program | ||
beneficiaries.
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(3) The number of persons requesting uncompensated or | ||
charity care from the hospitals required to report under | ||
this Section and the cost of that care. | ||
(4) The number of public health access program | ||
beneficiaries who are spouses or dependents of employees of | ||
the employer.
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(5) Information on whether the employer offers health | ||
insurance benefits to employees and their dependents.
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(6) Information on whether the employer receives | ||
health insurance benefits through the company. | ||
(7) Whether an employer offers health insurance | ||
benefits, and, if so, information on the level of premium | ||
subsidies for such health insurance.
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(8) The cost to the State of Illinois of providing |
public health access program benefits for the employer's | ||
employees and enrolled dependents.
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(c) The report shall include a description of the | ||
methodology used in the collection of the data and an analysis | ||
regarding the effect of employment and health coverage on the | ||
assistance programs provided by the State. The Department shall | ||
include available data regarding: the numbers of employees and | ||
dependents of employees; the identity of employers by type of | ||
industry and by public, private, profit, or non-profit status; | ||
the employees' full-time or part-time status; and other | ||
variables that the Department determines essential. | ||
(d) The report shall not include the names of any | ||
individual public health access program beneficiary and shall | ||
be subject to privacy standards both in the Health Insurance | ||
Portability and Accountability Act of 1996 and in Title XIX of | ||
the federal Social Security Act. | ||
(e) The first report shall be submitted on or before | ||
October 1, 2006, and subsequent reports shall be submitted on | ||
or before that date each year thereafter. | ||
Section 5-90. Repeal. This Law is repealed on January 1, | ||
2009. | ||
ARTICLE 10. | ||
Section 10-1. Short title. This Article may be cited as the | ||
Illinois Adverse Health Care Events Reporting Law of 2005.
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References in this Article to "this Law" mean this Article. | ||
Section 10-5. Purpose. The sole purpose of this Law is to | ||
establish an adverse health care event reporting system | ||
designed to facilitate quality improvement in the health care | ||
system through communication and collaboration between the | ||
Department and health care facilities. The reporting system | ||
established under this Law shall not be designed or, except as | ||
provided in this Law, used to punish errors or to investigate |
or take disciplinary action against health care facilities, | ||
health care practitioners, or health care facility employees. | ||
Section 10-10. Definitions. As used in this Law, the | ||
following terms have the following meanings: | ||
"Adverse health care event" means any event described in | ||
subsections (b) through (g) of Section 10-15. | ||
"Department" means the Illinois Department of Public | ||
Health. | ||
"Health care facility" means a hospital maintained by the | ||
State or any department or agency thereof where such department | ||
or agency has authority under law to establish and enforce | ||
standards for the hospital under its management and control, a | ||
hospital maintained by any university or college established | ||
under the laws of this State and supported principally by | ||
public funds raised by taxation, a hospital licensed under the | ||
Hospital Licensing Act, a hospital organized under the | ||
University of Illinois Hospital Act, and an ambulatory surgical | ||
treatment center licensed under the Ambulatory Surgical | ||
Treatment Center Act. | ||
Section 10-15. Health care facility requirements to | ||
report, analyze, and correct. | ||
(a) Reports of adverse health care events required. Each | ||
health care facility shall report to the Department the | ||
occurrence of any of the adverse health care events described | ||
in subsections (b) through (g) no later than 30 days after | ||
discovery of the event. The report shall be filed in a format | ||
specified by the Department and shall identify the health care | ||
facility, but shall not include any information identifying or | ||
that tends to identify any of the health care professionals, | ||
employees, or patients involved. | ||
(b) Surgical events. Events reportable under this | ||
subsection are: | ||
(1) Surgery performed on a wrong body part that is not | ||
consistent with the documented informed consent for that |
patient. Reportable events under this clause do not include | ||
situations requiring prompt action that occur in the course | ||
of surgery or situations whose urgency precludes obtaining | ||
informed consent. | ||
(2) Surgery performed on the wrong patient. | ||
(3) The wrong surgical procedure performed on a patient | ||
that is not consistent with the documented informed consent | ||
for that patient. Reportable events under this clause do | ||
not include situations requiring prompt action that occur | ||
in the course of surgery or situations whose urgency | ||
precludes obtaining informed consent. | ||
(4) Retention of a foreign object in a patient after | ||
surgery or other procedure, excluding objects | ||
intentionally implanted as part of a planned intervention | ||
and objects present prior to surgery that are intentionally | ||
retained. | ||
(5) Death during or immediately after surgery of a | ||
normal, healthy patient who has no organic, physiologic, | ||
biochemical, or psychiatric disturbance and for whom the | ||
pathologic processes for which the operation is to be | ||
performed are localized and do not entail a systemic | ||
disturbance. | ||
(c) Product or device events. Events reportable under this | ||
subsection are: | ||
(1) Patient death or serious disability associated | ||
with the use of contaminated drugs, devices, or biologics | ||
provided by the health care facility when the contamination | ||
is the result of generally detectable contaminants in | ||
drugs, devices, or biologics regardless of the source of | ||
the contamination or the product. | ||
(2) Patient death or serious disability associated | ||
with the use or function of a device in patient care in | ||
which the device is used or functions other than as | ||
intended. "Device" includes, but is not limited to, | ||
catheters, drains, and other specialized tubes, infusion | ||
pumps, and ventilators. |
(3) Patient death or serious disability associated | ||
with intravascular air embolism that occurs while being | ||
cared for in a health care facility, excluding deaths | ||
associated with neurosurgical procedures known to present | ||
a high risk of intravascular air embolism. | ||
(d) Patient protection events. Events reportable under | ||
this subsection are: | ||
(1) An infant discharged to the wrong person. | ||
(2) Patient death or serious disability associated | ||
with patient disappearance for more than 4 hours, excluding | ||
events involving adults who have decision-making capacity. | ||
(3) Patient suicide or attempted suicide resulting in | ||
serious disability while being cared for in a health care | ||
facility due to patient actions after admission to the | ||
health care facility, excluding deaths resulting from | ||
self-inflicted injuries that were the reason for admission | ||
to the health care facility. | ||
(e) Care management events. Events reportable under this | ||
subsection are: | ||
(1) Patient death or serious disability associated | ||
with a medication error, including, but not limited to, | ||
errors involving the wrong drug, the wrong dose, the wrong | ||
patient, the wrong time, the wrong rate, the wrong | ||
preparation, or the wrong route of administration, | ||
excluding reasonable differences in clinical judgment on | ||
drug selection and dose. | ||
(2) Patient death or serious disability associated | ||
with a hemolytic reaction due to the administration of | ||
ABO-incompatible blood or blood products. | ||
(3) Maternal death or serious disability associated | ||
with labor or delivery in a low-risk pregnancy while being | ||
cared for in a health care facility, excluding deaths from | ||
pulmonary or amniotic fluid embolism, acute fatty liver of | ||
pregnancy, or cardiomyopathy. | ||
(4) Patient death or serious disability directly | ||
related to hypoglycemia, the onset of which occurs while |
the patient is being cared for in a health care facility | ||
for a condition unrelated to hypoglycemia. | ||
(f) Environmental events. Events reportable under this | ||
subsection are: | ||
(1) Patient death or serious disability associated | ||
with an electric shock while being cared for in a health | ||
care facility, excluding events involving planned | ||
treatments such as electric countershock.
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(2) Any incident in which a line designated for oxygen | ||
or other gas to be delivered to a patient contains the | ||
wrong gas or is contaminated by toxic substances.
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(3) Patient death or serious disability associated | ||
with a burn incurred from any source while being cared for | ||
in a health care facility that is not consistent with the | ||
documented informed consent for that patient. Reportable | ||
events under this clause do not include situations | ||
requiring prompt action that occur in the course of surgery | ||
or situations whose urgency precludes obtaining informed | ||
consent.
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(4) Patient death associated with a fall while being | ||
cared for in a health care facility.
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(5) Patient death or serious disability associated | ||
with the use of restraints or bedrails while being cared | ||
for in a health care facility. | ||
(g) Physical security events. Events reportable under this | ||
subsection are: | ||
(1) Any instance of care ordered by or provided by | ||
someone impersonating a physician, nurse, pharmacist, or | ||
other licensed health care provider. | ||
(2) Abduction of a patient of any age. | ||
(3) Sexual assault on a patient within or on the | ||
grounds of a health care facility. | ||
(4) Death or significant injury of a patient or staff | ||
member resulting from a physical assault that occurs within | ||
or on the grounds of a health care facility. | ||
(h) Definitions. As used in this Section 10-15: |
"Death" means patient death related to an adverse event | ||
and not related solely to the natural course of the patient's | ||
illness or underlying condition. Events otherwise reportable | ||
under this Section 10-15 shall be reported even if the death | ||
might have otherwise occurred as the natural course of the | ||
patient's illness or underlying condition. | ||
"Serious disability" means a physical or mental | ||
impairment, including loss of a body part, related to an | ||
adverse event and not related solely to the natural course of | ||
the patient's illness or underlying condition, that | ||
substantially limits one or more of the major life activities | ||
of an individual or a loss of bodily function, if the | ||
impairment or loss lasts more than 7 days prior to discharge or | ||
is still present at the time of discharge from an inpatient | ||
health care facility.
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Section 10-20. Root cause analysis; corrective action | ||
plan. Following the occurrence of an adverse health care event, | ||
the health care facility must conduct a root cause analysis of | ||
the event. Following the analysis, the health care facility | ||
must (i) implement a corrective action plan to address the | ||
findings of the analysis or (ii) report to the Department any | ||
reasons for not taking corrective action. A copy of the | ||
findings of the root cause analysis and a copy of the | ||
corrective action plan must be filed with the Department within | ||
90 days after the submission of the report to the Department | ||
under Section 10-15. | ||
Section 10-25. Confidentiality. Other than the annual | ||
report required under paragraph (4) of Section 10-35 of this | ||
Law, adverse health care event reports, findings of root cause | ||
analyses, and corrective action plans filed by a health care | ||
facility under this Law and records created or obtained by the | ||
Department in reviewing or investigating these reports, | ||
findings, and plans shall not be available to the public and | ||
shall not be discoverable or admissible in any civil, criminal, |
or administrative proceeding against a health care facility or | ||
health care professional. No report or Department disclosure | ||
under this Law may contain information identifying a patient, | ||
employee, or licensed professional. Notwithstanding any other | ||
provision of law, under no circumstances shall the Department | ||
disclose information obtained from a health care facility that | ||
is confidential under Part 21 of Article VIII of the Code of | ||
Civil Procedure. Nothing in this Law shall preclude or alter | ||
the reporting responsibilities of hospitals or ambulatory | ||
surgical treatment centers under existing federal or State law. | ||
Section 10-30. Establishment of reporting system. | ||
(a) The Department shall establish an adverse health event | ||
reporting system that will be fully operational by January 1, | ||
2008 and designed to facilitate quality improvement in the | ||
health care system through communication and collaboration | ||
among the Department and health care facilities. The reporting | ||
system shall not be designed or used to punish errors or, | ||
except to enforce this Law, investigate or take disciplinary | ||
action against health care facilities, health care | ||
practitioners, or health care facility employees. The | ||
Department may not use the adverse health care event reports, | ||
findings of the root cause analyses, and corrective action | ||
plans filed under this Law for any purpose not stated in this | ||
Law, including, but not limited to, using such information for | ||
investigating possible violations of the reporting health care | ||
facility's licensing act or its regulations. The Department is | ||
not authorized to select from or between competing alternate | ||
health care treatments, services, or practices. | ||
(b) The reporting system shall consist of: | ||
(1) Mandatory reporting by health care facilities of | ||
adverse health care events.
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(2) Mandatory completion of a root cause analysis and a | ||
corrective action plan by the health care facility and | ||
reporting of the findings of the analysis and the plan to | ||
the Department or reporting of reasons for not taking |
corrective action.
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(3) Analysis of reported information by the Department | ||
to determine patterns of systemic failure in the health | ||
care system and successful methods to correct these | ||
failures.
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(4) Sanctions against health care facilities for | ||
failure to comply with reporting system requirements. | ||
(5) Communication from the Department to health care | ||
facilities, to maximize the use of the reporting system to | ||
improve health care quality.
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(c) In establishing the adverse health event reporting | ||
system, including the design of the reporting format and annual | ||
report, the Department must consult with and seek input from | ||
experts and organizations specializing in patient safety. | ||
(d) The Department must design the reporting system so that | ||
a health care facility may file by electronic means the reports | ||
required under this Law. The Department shall encourage a | ||
health care facility to use the electronic filing option when | ||
that option is feasible for the health care facility. | ||
(e) Nothing in this Section prohibits a health care | ||
facility from taking any remedial action in response to the | ||
occurrence of an adverse health care event. | ||
Section 10-35. Analysis of reports; communication of | ||
findings.
The Department shall do the following: | ||
(1) Analyze adverse event reports, corrective action | ||
plans, and findings of the root cause analyses to determine | ||
patterns of systemic failure in the health care system and | ||
successful methods to correct these failures. | ||
(2) Communicate to individual health care facilities | ||
the Department's conclusions, if any, regarding an adverse | ||
event reported by the health care facility. | ||
(3) Communicate to relevant health care facilities any | ||
recommendations for corrective action resulting from the | ||
Department's analysis of submissions from facilities. | ||
(4) Publish an annual report that does the following: |
(i) Describes, by institution, adverse health care | ||
events reported. | ||
(ii) Summarizes, in aggregate form, the corrective | ||
action plans and findings of root cause analyses | ||
submitted by health care facilities. | ||
(iii) Describes adopted recommendations for | ||
quality improvement practices.
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Section 10-40. Health Care Event Reporting Advisory | ||
Committee. The Department shall appoint a 9-person Health Care | ||
Event Reporting Advisory Committee with at least one member | ||
from each of the following statewide organizations: one | ||
representing hospitals; one representing ambulatory surgical | ||
treatment centers; and one representing physicians licensed to | ||
practice medicine in all its branches. The committee shall also | ||
include other individuals who have expertise and experience in | ||
system-based quality improvement and safety and shall include | ||
one public member. At least 3 of the 9 members shall be | ||
individuals who do not have a financial interest in, or a | ||
business relationship with, hospitals or ambulatory surgical | ||
treatment centers. The Health Care Event Reporting Advisory | ||
Committee shall review the Department's recommendations for | ||
potential quality improvement practices and modifications to | ||
the list of reportable adverse health care events consistent | ||
with national standards. In connection with its review of the | ||
Department's recommendations, the committee shall conduct a | ||
public hearing seeking input from health care facilities, | ||
health care professionals, and the public. | ||
Section 10-45. Testing period.
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(a) Prior to the testing period in subsection (b), the | ||
Department shall adopt rules for implementing this Law in | ||
consultation with the Health Care Event Reporting Advisory | ||
Committee and individuals who have experience and expertise in | ||
devising and implementing adverse health care event or other | ||
heath care quality reporting systems. The rules shall establish |
the methodology and format for health care facilities reporting | ||
information under this Law to the Department and shall be | ||
finalized before the beginning of the testing period under | ||
subsection (b). | ||
(b) The Department shall conduct a testing period of at | ||
least 6 months to test the reporting process to identify any | ||
problems or deficiencies with the planned reporting process. | ||
(c) None of the information reported and analyzed during | ||
the testing period shall be used in any public report under | ||
this Law. | ||
(d) The Department must substantially address the problems | ||
or deficiencies identified during the testing period before | ||
fully implementing the reporting system. | ||
(e) After the testing period, and after any corrections, | ||
adjustments, or modifications are finalized, the Department | ||
must give at least 30 days written notice to health care | ||
facilities prior to full implementation of the reporting system | ||
and collection of adverse event data that will be used in | ||
public reports. | ||
(f) Following the testing period, 4 calendar quarters of | ||
data must be collected prior to the Department's publishing the | ||
annual report of adverse events to the public under paragraph | ||
(4) of Section 10-35. | ||
(g) The process described in subsections (a) through (e) | ||
must be completed by the Department no later than July 1, 2007. | ||
(h) Notwithstanding any other provision of law, the | ||
Department may contract with an entity for receiving all | ||
adverse health care event reports, root cause analysis | ||
findings, and corrective action plans that must be reported to | ||
the Department under this Law and for the compilation of the | ||
information and the provision of quarterly and annual reports | ||
to the Department describing such information according to the | ||
rules adopted by the Department under this Law. | ||
Section 10-50. Validity of public reports. None of the | ||
information the Department discloses to the public may be made |
available in any form or fashion unless such information is | ||
shared with the health care facilities under review prior to | ||
public dissemination of such information. Those health care | ||
facilities shall have 30 days to make corrections and to add | ||
helpful explanatory comments about the information before the | ||
publication. | ||
ARTICLE 90. | ||
Section 90-5. The Ambulatory Surgical Treatment Center Act | ||
is amended by changing Section 10d as follows:
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(210 ILCS 5/10d) (from Ch. 111 1/2, par. 157-8.10d)
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Sec. 10d. Fines and penalties.
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(a) When the Director determines that
a facility has failed | ||
to comply with this Act or the Illinois Adverse Health Care | ||
Events Reporting Law of 2005 or any rule adopted
under either | ||
of those Acts
hereunder , the Department may issue a notice of | ||
fine assessment which shall
specify the violations for which | ||
the fine is assessed. The Department may
assess a fine of up to | ||
$500 per violation per day commencing on the date
the violation | ||
was identified and ending on the date the violation is
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corrected, or action is taken to suspend, revoke or deny | ||
renewal of the
license, whichever comes first.
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(b) In determining whether a fine is to be assessed or the | ||
amount of such
fine, the Director shall consider the following | ||
factors:
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(1) The gravity of the violation, including the | ||
probability that death
or serious physical or mental harm | ||
to a patient will result or has
resulted, the severity of | ||
the actual or potential harm, and the extent to
which the | ||
provisions of the applicable statutes or rules were | ||
violated;
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(2) The reasonable diligence exercised by the licensee | ||
and efforts to
correct violations;
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(3) Any previous violations committed by the licensee; |
and
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(4) The financial benefit to the facility of committing | ||
or continuing
the violation.
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(Source: P.A. 86-1292.)
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Section 90-10. The Hospital Licensing Act is amended by | ||
changing Section 7 as follows:
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(210 ILCS 85/7) (from Ch. 111 1/2, par. 148)
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Sec. 7. (a) The Director after notice and opportunity for | ||
hearing to the
applicant or licensee may deny, suspend, or | ||
revoke a permit to establish a
hospital or deny, suspend, or | ||
revoke a license to open, conduct, operate,
and maintain a | ||
hospital in any case in which he finds that there has been a
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substantial failure to comply with the provisions of this Act ,
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or the Hospital
Report Card Act , or the Illinois Adverse Health | ||
Care Events Reporting Law of 2005 or the standards, rules, and | ||
regulations established by
virtue of any
either of those Acts.
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(b) Such notice shall be effected by registered mail or by | ||
personal
service setting forth the particular reasons for the | ||
proposed action and
fixing a date, not less than 15 days from | ||
the date of such mailing or
service, at which time the | ||
applicant or licensee shall be given an
opportunity for a | ||
hearing. Such hearing shall be conducted by the Director
or by | ||
an employee of the Department designated in writing by the | ||
Director
as Hearing Officer to conduct the hearing. On the | ||
basis of any such
hearing, or upon default of the applicant or | ||
licensee, the Director shall
make a determination specifying | ||
his findings and conclusions. In case of a
denial to an | ||
applicant of a permit to establish a hospital, such
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determination shall specify the subsection of Section 6 under | ||
which the
permit was denied and shall contain findings of fact | ||
forming the basis of
such denial. A copy of such determination | ||
shall be sent by registered mail
or served personally upon the | ||
applicant or licensee. The decision denying,
suspending, or | ||
revoking a permit or a license shall become final 35 days
after |
it is so mailed or served, unless the applicant or licensee, | ||
within
such 35 day period, petitions for review pursuant to | ||
Section 13.
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(c) The procedure governing hearings authorized by this | ||
Section shall be
in accordance with rules promulgated by the | ||
Department and approved by the
Hospital Licensing Board. A full | ||
and complete record shall be kept of all
proceedings, including | ||
the notice of hearing, complaint, and all other
documents in | ||
the nature of pleadings, written motions filed in the
| ||
proceedings, and the report and orders of the Director and | ||
Hearing Officer.
All testimony shall be reported but need not | ||
be transcribed unless the
decision is appealed pursuant to | ||
Section 13. A copy or copies of the
transcript may be obtained | ||
by any interested party on payment of the cost
of preparing | ||
such copy or copies.
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(d) The Director or Hearing Officer shall upon his own | ||
motion, or on the
written request of any party to the | ||
proceeding, issue subpoenas requiring
the attendance and the | ||
giving of testimony by witnesses, and subpoenas
duces tecum | ||
requiring the production of books, papers, records, or
| ||
memoranda. All subpoenas and subpoenas duces tecum issued under | ||
the terms
of this Act may be served by any person of full age. | ||
The fees of witnesses
for attendance and travel shall be the | ||
same as the fees of witnesses before
the Circuit Court of this | ||
State, such fees to be paid when the witness is
excused from | ||
further attendance. When the witness is subpoenaed at the
| ||
instance of the Director, or Hearing Officer, such fees shall | ||
be paid in
the same manner as other expenses of the Department, | ||
and when the witness
is subpoenaed at the instance of any other | ||
party to any such proceeding the
Department may require that | ||
the cost of service of the subpoena or subpoena
duces tecum and | ||
the fee of the witness be borne by the party at whose
instance | ||
the witness is summoned. In such case, the Department in its
| ||
discretion, may require a deposit to cover the cost of such | ||
service and
witness fees. A subpoena or subpoena duces tecum | ||
issued as aforesaid shall
be served in the same manner as a |
subpoena issued out of a court.
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(e) Any Circuit Court of this State upon the application of | ||
the
Director, or upon the application of any other party to the | ||
proceeding,
may, in its discretion, compel the attendance of | ||
witnesses, the production
of books, papers, records, or | ||
memoranda and the giving of testimony before
the Director or | ||
Hearing Officer conducting an investigation or holding a
| ||
hearing authorized by this Act, by an attachment for contempt, | ||
or
otherwise, in the same manner as production of evidence may | ||
be compelled
before the court.
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(f) The Director or Hearing Officer, or any party in an | ||
investigation or
hearing before the Department, may cause the | ||
depositions of witnesses
within the State to be taken in the | ||
manner prescribed by law for like
depositions in civil actions | ||
in courts of this State, and to that end
compel the attendance | ||
of witnesses and the production of books, papers,
records, or | ||
memoranda.
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(Source: P.A. 93-563, eff. 1-1-04.)
| ||
Section 90-15. The Illinois Public Aid Code is amended by | ||
changing Sections 5A-1, 5A-2, 5A-3, 5A-4, 5A-5, 5A-7, 5A-8, | ||
5A-10, 5A-13, and 5A-14 and by adding Section 5A-12.1 as | ||
follows: | ||
(305 ILCS 5/5A-1) (from Ch. 23, par. 5A-1)
| ||
Sec. 5A-1. Definitions. As used in this Article, unless | ||
the context requires
otherwise:
| ||
"Adjusted gross hospital revenue" shall be determined | ||
separately for inpatient and outpatient services for each | ||
hospital conducted, operated or maintained by a hospital | ||
provider, and means the hospital provider's total gross | ||
revenues less: (i) gross revenue attributable to non-hospital | ||
based services including home dialysis services, durable | ||
medical equipment, ambulance services, outpatient clinics and | ||
any other non-hospital based services as determined by the | ||
Illinois Department by rule; and (ii) gross revenues |
attributable to the routine services provided to persons | ||
receiving skilled or intermediate long-term care services | ||
within the meaning of Title XVIII or XIX of the Social Security | ||
Act; and (iii) Medicare gross revenue (excluding the Medicare | ||
gross revenue attributable to clauses (i) and (ii) of this | ||
paragraph and the Medicare gross revenue attributable to the | ||
routine services provided to patients in a psychiatric | ||
hospital, a rehabilitation hospital, a distinct part | ||
psychiatric unit, a distinct part rehabilitation unit, or swing | ||
beds). Adjusted gross hospital revenue shall be determined | ||
using the most recent data available from each hospital's 2003 | ||
Medicare cost report as contained in the Healthcare Cost Report | ||
Information System file, for the quarter ending on December 31, | ||
2004, without regard to any subsequent adjustments or changes | ||
to such data. If a hospital's 2003 Medicare cost report is not | ||
contained in the Healthcare Cost Report Information System, the | ||
hospital provider shall furnish such cost report or the data | ||
necessary to determine its adjusted gross hospital revenue as | ||
required by rule by the Illinois Department.
| ||
"Fund" means the Hospital Provider Fund.
| ||
"Hospital" means an institution, place, building, or | ||
agency located in this
State that is subject to licensure by | ||
the Illinois Department of Public Health
under the Hospital | ||
Licensing Act, whether public or private and whether
organized | ||
for profit or not-for-profit.
| ||
"Hospital provider" means a person licensed by the | ||
Department of Public
Health to conduct, operate, or maintain a | ||
hospital, regardless of whether the
person is a Medicaid | ||
provider. For purposes of this paragraph, "person" means
any | ||
political subdivision of the State, municipal corporation, | ||
individual,
firm, partnership, corporation, company, limited | ||
liability company,
association, joint stock association, or | ||
trust, or a receiver, executor,
trustee, guardian, or other | ||
representative appointed by order of any court.
| ||
"Occupied bed days" means the sum of the number of days
| ||
that each bed was occupied by a patient for all beds during
|
calendar year 2001. Occupied bed days shall be computed | ||
separately for each
hospital operated or maintained by a | ||
hospital provider. | ||
"Proration factor" means a fraction, the numerator of which | ||
is 53 and the denominator of which is 365.
| ||
(Source: P.A. 93-659, eff. 2-3-04; 93-1066, eff. 1-15-05.)
| ||
(305 ILCS 5/5A-2) (from Ch. 23, par. 5A-2) | ||
(Section scheduled to be repealed on July 1, 2005) | ||
Sec. 5A-2. Assessment; no local authorization to tax.
| ||
(a) Subject to Sections 5A-3 and 5A-10, an annual | ||
assessment on inpatient
services is imposed on
each
hospital
| ||
provider in an amount equal to the hospital's occupied bed days | ||
multiplied by $84.19 multiplied by the proration factor for | ||
State fiscal year 2004 and the hospital's occupied bed days | ||
multiplied by $84.19 for State fiscal year 2005.
| ||
The
Department of Public Aid shall use the number of | ||
occupied bed days as reported
by
each hospital on the Annual | ||
Survey of Hospitals conducted by the
Department of Public | ||
Health to calculate the hospital's annual assessment. If
the | ||
sum
of a hospital's occupied bed days is not reported on the | ||
Annual Survey of
Hospitals or if there are data errors in the | ||
reported sum of a hospital's occupied bed days as determined by | ||
the Department of Public Aid, then the Department of Public Aid | ||
may obtain the sum of occupied bed
days
from any source | ||
available, including, but not limited to, records maintained by
| ||
the hospital provider, which may be inspected at all times | ||
during business
hours
of the day by the Department of Public | ||
Aid or its duly authorized agents and
employees.
| ||
Subject to Sections 5A-3 and 5A-10, for the privilege of | ||
engaging in the occupation of hospital provider, beginning | ||
August 1, 2005, an annual assessment is imposed on each | ||
hospital provider for State fiscal years 2006, 2007, and 2008, | ||
in an amount equal to 2.5835% of the hospital provider's | ||
adjusted gross hospital revenue for inpatient services and | ||
2.5835% of the hospital provider's adjusted gross hospital |
revenue for outpatient services. If the hospital provider's | ||
adjusted gross hospital revenue is not available, then the | ||
Illinois Department may obtain the hospital provider's | ||
adjusted gross hospital revenue from any source available, | ||
including, but not limited to, records maintained by the | ||
hospital provider, which may be inspected at all times during | ||
business hours of the day by the Illinois Department or its | ||
duly authorized agents and employees.
| ||
(b) Nothing in this Article
amendatory Act of the 93rd | ||
General Assembly
shall be construed to authorize
any home rule | ||
unit or other unit of local government to license for revenue | ||
or
to impose a tax or assessment upon hospital providers or the | ||
occupation of
hospital provider, or a tax or assessment | ||
measured by the income or earnings of
a hospital provider.
| ||
(c) As provided in Section 5A-14, this Section is repealed | ||
on July 1,
2008
2005 .
| ||
(Source: P.A. 93-659, eff. 2-3-04; 93-841, eff. 7-30-04; | ||
93-1066, eff. 1-15-05.)
| ||
(305 ILCS 5/5A-3) (from Ch. 23, par. 5A-3)
| ||
Sec. 5A-3. Exemptions.
| ||
(a) (Blank).
| ||
(b) A hospital provider that is a State agency, a State | ||
university, or
a county
with a population of 3,000,000 or more | ||
is exempt from the assessment imposed
by Section 5A-2.
| ||
(b-2) A hospital provider
that is a county with a | ||
population of less than 3,000,000 or a
township,
municipality,
| ||
hospital district, or any other local governmental unit is | ||
exempt from the
assessment
imposed by Section 5A-2.
| ||
(b-5) (Blank).
| ||
(b-10) For State fiscal years 2004 and 2005, a
A hospital | ||
provider whose hospital does not
charge for its services is | ||
exempt from the assessment imposed
by Section 5A-2, unless the | ||
exemption is adjudged to be unconstitutional or
otherwise | ||
invalid, in which case the hospital provider shall pay the | ||
assessment
imposed by Section 5A-2.
|
(b-15) For State fiscal years 2004 and 2005, a
A hospital | ||
provider whose hospital is licensed by
the Department of Public | ||
Health as a psychiatric hospital is
exempt from the assessment | ||
imposed by Section 5A-2, unless the exemption is
adjudged to be | ||
unconstitutional or
otherwise invalid, in which case the | ||
hospital provider shall pay the assessment
imposed by Section | ||
5A-2.
| ||
(b-20) For State fiscal years 2004 and 2005, a
A hospital | ||
provider whose hospital is licensed by the Department of
Public | ||
Health as a rehabilitation hospital is exempt from the | ||
assessment
imposed by
Section 5A-2, unless the exemption is
| ||
adjudged to be unconstitutional or
otherwise invalid, in which | ||
case the hospital provider shall pay the assessment
imposed by | ||
Section 5A-2.
| ||
(b-25) For State fiscal years 2004 and 2005, a
A hospital | ||
provider whose hospital (i) is not a psychiatric hospital,
| ||
rehabilitation hospital, or children's hospital and (ii) has an | ||
average length
of inpatient
stay greater than 25 days is exempt | ||
from the assessment imposed by Section
5A-2, unless the | ||
exemption is
adjudged to be unconstitutional or
otherwise | ||
invalid, in which case the hospital provider shall pay the | ||
assessment
imposed by Section 5A-2.
| ||
(c) (Blank).
| ||
(Source: P.A. 93-659, eff. 2-3-04.)
| ||
(305 ILCS 5/5A-4) (from Ch. 23, par. 5A-4) | ||
Sec. 5A-4. Payment of assessment; penalty.
| ||
(a) The annual assessment imposed by Section 5A-2 for State | ||
fiscal year
2004
shall be due
and payable on June 18 of
the
| ||
year.
The assessment imposed by Section 5A-2 for State fiscal | ||
year 2005
shall be
due and payable in quarterly installments, | ||
each equalling one-fourth of the
assessment for the year, on | ||
July 19, October 19, January 18, and April 19 of
the year. The | ||
assessment imposed by Section 5A-2 for State fiscal year 2006 | ||
and each subsequent State fiscal year shall be due and payable | ||
in quarterly installments, each equaling one-fourth of the |
assessment for the year, on the fourteenth State business day | ||
of September, December, March, and May.
No installment payment | ||
of an assessment imposed by Section 5A-2 shall be due
and
| ||
payable, however, until after: (i) the hospital provider
| ||
receives written
notice from the Department of Public Aid that | ||
the payment methodologies to
hospitals
required under
Section | ||
5A-12 or Section 5A-12.1, whichever is applicable for that | ||
fiscal year, have been approved by the Centers for Medicare and | ||
Medicaid
Services of
the U.S. Department of Health and Human | ||
Services and the waiver under 42 CFR
433.68 for the assessment | ||
imposed by Section 5A-2 , if necessary, has been granted by the
| ||
Centers for Medicare and Medicaid Services of the U.S. | ||
Department of Health and
Human Services; and (ii) the hospital
| ||
has
received the payments required under Section 5A-12 or | ||
Section 5A-12.1, whichever is applicable for that fiscal year .
| ||
Upon notification to the Department of approval of the payment | ||
methodologies required under Section 5A-12 or Section 5A-12.1, | ||
whichever is applicable for that fiscal year, and the waiver | ||
granted under 42 CFR 433.68, all quarterly installments | ||
otherwise due under Section 5A-2 prior to the date of | ||
notification shall be due and payable to the Department upon | ||
written direction from the Department and receipt of the | ||
payments required under Section 5A-12.1 .
| ||
(b) The Illinois Department is authorized to establish
| ||
delayed payment schedules for hospital providers that are | ||
unable
to make installment payments when due under this Section | ||
due to
financial difficulties, as determined by the Illinois | ||
Department.
| ||
(c) If a hospital provider fails to pay the full amount of
| ||
an installment when due (including any extensions granted under
| ||
subsection (b)), there shall, unless waived by the Illinois
| ||
Department for reasonable cause, be added to the assessment
| ||
imposed by Section 5A-2 a penalty
assessment equal to the | ||
lesser of (i) 5% of the amount of the
installment not paid on | ||
or before the due date plus 5% of the
portion thereof remaining | ||
unpaid on the last day of each 30-day period
thereafter or (ii) |
100% of the installment amount not paid on or
before the due | ||
date. For purposes of this subsection, payments
will be | ||
credited first to unpaid installment amounts (rather than
to | ||
penalty or interest), beginning with the most delinquent
| ||
installments.
| ||
(Source: P.A. 93-659, eff. 2-3-04; 93-841, eff. 7-30-04; | ||
93-1066, eff. 1-15-05.)
| ||
(305 ILCS 5/5A-5) (from Ch. 23, par. 5A-5) | ||
Sec. 5A-5. Notice; penalty; maintenance of records.
| ||
(a)
The Department of Public Aid shall send a
notice of | ||
assessment to every hospital provider subject
to assessment | ||
under this Article. The notice of assessment shall notify the | ||
hospital of its assessment and shall be sent after
within 14 | ||
days of receipt by the Department of notification from the | ||
Centers for Medicare and Medicaid Services of the U.S. | ||
Department of Health and Human Services that the payment | ||
methodologies required under Section 5A-12 or Section 5A-12.1, | ||
whichever is applicable for that fiscal year, and , if | ||
necessary, the waiver granted under 42 CFR 433.68 have been | ||
approved. The notice
shall be on a form
prepared by the | ||
Illinois Department and shall state the following:
| ||
(1) The name of the hospital provider.
| ||
(2) The address of the hospital provider's principal | ||
place
of business from which the provider engages in the | ||
occupation of hospital
provider in this State, and the name | ||
and address of each hospital
operated, conducted, or | ||
maintained by the provider in this State.
| ||
(3) The occupied bed days or adjusted gross hospital | ||
revenue of the
hospital
provider (whichever is | ||
applicable) , the amount of
assessment imposed under | ||
Section 5A-2 for the State fiscal year
for which the notice | ||
is sent, and the amount of
each quarterly
installment to be | ||
paid during the State fiscal year.
| ||
(4) (Blank).
| ||
(5) Other reasonable information as determined by the |
Illinois
Department.
| ||
(b) If a hospital provider conducts, operates, or
maintains | ||
more than one hospital licensed by the Illinois
Department of | ||
Public Health, the provider shall pay the
assessment for each | ||
hospital separately.
| ||
(c) Notwithstanding any other provision in this Article, in
| ||
the case of a person who ceases to conduct, operate, or | ||
maintain a
hospital in respect of which the person is subject | ||
to assessment
under this Article as a hospital provider, the | ||
assessment for the State
fiscal year in which the cessation | ||
occurs shall be adjusted by
multiplying the assessment computed | ||
under Section 5A-2 by a
fraction, the numerator of which is the | ||
number of days in the
year during which the provider conducts, | ||
operates, or maintains
the hospital and the denominator of | ||
which is 365. Immediately
upon ceasing to conduct, operate, or | ||
maintain a hospital, the person
shall pay the assessment
for | ||
the year as so adjusted (to the extent not previously paid).
| ||
(d) Notwithstanding any other provision in this Article, a
| ||
provider who commences conducting, operating, or maintaining a
| ||
hospital, upon notice by the Illinois Department,
shall pay the | ||
assessment computed under Section 5A-2 and
subsection (e) in | ||
installments on the due dates stated in the
notice and on the | ||
regular installment due dates for the State
fiscal year | ||
occurring after the due dates of the initial
notice.
| ||
(e) Notwithstanding any other provision in this Article, | ||
for State fiscal years 2004 and 2005, in
the case of a hospital | ||
provider that did not conduct, operate, or
maintain a hospital | ||
throughout calendar year 2001, the assessment for that State | ||
fiscal year
shall be computed on the basis of hypothetical | ||
occupied bed days for the full calendar year as determined by | ||
the Illinois Department.
Notwithstanding any other provision | ||
in this Article, for State fiscal years after 2005, in the case | ||
of a hospital provider that did not conduct, operate, or | ||
maintain a hospital in 2003, the assessment for that State | ||
fiscal year shall be computed on the basis of hypothetical | ||
adjusted gross hospital revenue for the hospital's first full |
fiscal year as determined by the Illinois Department (which may | ||
be based on annualization of the provider's actual revenues for | ||
a portion of the year, or revenues of a comparable hospital for | ||
the year, including revenues realized by a prior provider of | ||
the same hospital during the year).
| ||
(f) Every hospital provider subject to assessment under | ||
this Article shall keep sufficient records to permit the | ||
determination of adjusted gross hospital revenue for the | ||
hospital's fiscal year. All such records shall be kept in the | ||
English language and shall, at all times during regular | ||
business hours of the day, be subject to inspection by the | ||
Illinois Department or its duly authorized agents and | ||
employees.
(Blank).
| ||
(g) The Illinois Department may, by rule, provide a | ||
hospital provider a reasonable opportunity to request a | ||
clarification or correction of any clerical or computational | ||
errors contained in the calculation of its assessment, but such | ||
corrections shall not extend to updating the cost report | ||
information used to calculate the assessment.
(Blank).
| ||
(h) (Blank).
| ||
(Source: P.A. 93-659, eff. 2-3-04; 93-841, eff. 7-30-04.)
| ||
(305 ILCS 5/5A-7) (from Ch. 23, par. 5A-7)
| ||
Sec. 5A-7. Administration; enforcement provisions.
| ||
(a) The Illinois Department shall establish and maintain a | ||
listing of all hospital providers appearing in the licensing | ||
records of the Illinois Department of Public Health, which | ||
shall show each provider's name and principal place of business | ||
and the name and address of each hospital operated, conducted, | ||
or maintained by the provider in this State. The Illinois | ||
Department shall administer and enforce this Article and | ||
collect the assessments and penalty assessments imposed under | ||
this Article using procedures employed in its administration of | ||
this Code generally. The Illinois Department, its Director, and | ||
every hospital provider subject to assessment under this | ||
Article
measured by occupied bed days shall have the following |
powers, duties, and rights: | ||
(1) The Illinois Department may initiate either | ||
administrative or judicial proceedings, or both, to | ||
enforce provisions of this Article. Administrative | ||
enforcement proceedings initiated hereunder shall be | ||
governed by the Illinois Department's administrative | ||
rules. Judicial enforcement proceedings initiated | ||
hereunder shall be governed by the rules of procedure | ||
applicable in the courts of this State. | ||
(2) No proceedings for collection, refund, credit, or | ||
other adjustment of an assessment amount shall be issued | ||
more than 3 years after the due date of the assessment, | ||
except in the case of an extended period agreed to in | ||
writing by the Illinois Department and the hospital | ||
provider before the expiration of this limitation period. | ||
(3) Any unpaid assessment under this Article shall | ||
become a lien upon the assets of the hospital upon which it | ||
was assessed. If any hospital provider, outside the usual | ||
course of its business, sells or transfers the major part | ||
of any one or more of (A) the real property and | ||
improvements, (B) the machinery and equipment, or (C) the | ||
furniture or fixtures, of any hospital that is subject to | ||
the provisions of this Article, the seller or transferor | ||
shall pay the Illinois Department the amount of any | ||
assessment, assessment penalty, and interest (if any) due | ||
from it under this Article up to the date of the sale or | ||
transfer. If the seller or transferor fails to pay any | ||
assessment, assessment penalty, and interest (if any) due, | ||
the purchaser or transferee of such asset shall be liable | ||
for the amount of the assessment, penalties, and interest | ||
(if any) up to the amount of the reasonable value of the | ||
property acquired by the purchaser or transferee. The | ||
purchaser or transferee shall continue to be liable until | ||
the purchaser or transferee pays the full amount of the | ||
assessment, penalties, and interest (if any) up to the | ||
amount of the reasonable value of the property acquired by |
the purchaser or transferee or until the purchaser or | ||
transferee receives from the Illinois Department a | ||
certificate showing that such assessment, penalty, and | ||
interest have been paid or a certificate from the Illinois | ||
Department showing that no assessment, penalty, or | ||
interest is due from the seller or transferor under this | ||
Article. | ||
(4) Payments under this Article are not subject to the | ||
Illinois Prompt Payment Act. Credits or refunds shall not | ||
bear interest. | ||
(b) In addition to any other remedy provided for and | ||
without sending a notice of assessment liability, the Illinois | ||
Department may collect an unpaid assessment by withholding, as | ||
payment of the assessment, reimbursements or other amounts | ||
otherwise payable by the Illinois Department to the hospital | ||
provider.
| ||
(Source: P.A. 93-659, eff. 2-3-04; 93-841, eff. 7-30-04.)
| ||
(305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8)
| ||
Sec. 5A-8. Hospital Provider Fund.
| ||
(a) There is created in the State Treasury the Hospital | ||
Provider Fund.
Interest earned by the Fund shall be credited to | ||
the Fund. The
Fund shall not be used to replace any moneys | ||
appropriated to the
Medicaid program by the General Assembly.
| ||
(b) The Fund is created for the purpose of receiving moneys
| ||
in accordance with Section 5A-6 and disbursing moneys only for | ||
the following
purposes, notwithstanding any other provision of | ||
law:
| ||
(1) For making payments to hospitals as required under | ||
Articles V, VI,
and XIV of this Code and
under the | ||
Children's Health Insurance Program Act.
| ||
(2) For the reimbursement of moneys collected by the
| ||
Illinois Department from hospitals or hospital providers | ||
through error or
mistake in performing the
activities | ||
authorized under this Article and Article V of this Code.
| ||
(3) For payment of administrative expenses incurred by |
the
Illinois Department or its agent in performing the | ||
activities
authorized by this Article.
| ||
(4) For payments of any amounts which are reimbursable | ||
to
the federal government for payments from this Fund which | ||
are
required to be paid by State warrant.
| ||
(5) For making transfers, as those transfers are | ||
authorized
in the proceedings authorizing debt under the | ||
Short Term Borrowing Act,
but transfers made under this | ||
paragraph (5) shall not exceed the
principal amount of debt | ||
issued in anticipation of the receipt by
the State of | ||
moneys to be deposited into the Fund.
| ||
(6) For making transfers to any other fund in the State | ||
treasury, but
transfers made under this paragraph (6) shall | ||
not exceed the amount transferred
previously from that | ||
other fund into the Hospital Provider Fund.
| ||
(7) For State fiscal years 2004 and 2005 for making | ||
transfers to the Health and Human Services
Medicaid Trust | ||
Fund, including 20% of the moneys received from
hospital | ||
providers under Section 5A-4 and transferred into the | ||
Hospital
Provider
Fund under Section 5A-6. For State fiscal | ||
years 2006, 2007 and 2008 for making transfers to the | ||
Health and Human Services Medicaid Trust Fund of up to | ||
$130,000,000 per year of the moneys received from hospital | ||
providers under Section 5A-4 and transferred into the | ||
Hospital Provider Fund under Section 5A-6. Transfers under | ||
this paragraph shall be made within 7
days after the | ||
payments have been received pursuant to the schedule of | ||
payments
provided in subsection (a) of Section 5A-4.
| ||
(8) For making refunds to hospital providers pursuant | ||
to Section 5A-10.
| ||
Disbursements from the Fund, other than transfers | ||
authorized under
paragraphs (5) and (6) of this subsection, | ||
shall be by
warrants drawn by the State Comptroller upon | ||
receipt of vouchers
duly executed and certified by the Illinois | ||
Department.
| ||
(c) The Fund shall consist of the following:
|
(1) All moneys collected or received by the Illinois
| ||
Department from the hospital provider assessment imposed | ||
by this
Article.
| ||
(2) All federal matching funds received by the Illinois
| ||
Department as a result of expenditures made by the Illinois
| ||
Department that are attributable to moneys deposited in the | ||
Fund.
| ||
(3) Any interest or penalty levied in conjunction with | ||
the
administration of this Article.
| ||
(4) Moneys transferred from another fund in the State | ||
treasury.
| ||
(5) All other moneys received for the Fund from any | ||
other
source, including interest earned thereon.
| ||
(d) (Blank).
| ||
(Source: P.A. 93-659, eff. 2-3-04.)
| ||
(305 ILCS 5/5A-10) (from Ch. 23, par. 5A-10)
| ||
Sec. 5A-10. Applicability.
| ||
(a) The assessment imposed by Section 5A-2 shall not take | ||
effect or shall
cease to be imposed, and
any moneys
remaining | ||
in the Fund shall be refunded to hospital providers
in | ||
proportion to the amounts paid by them, if:
| ||
(1) the sum of the appropriations for State fiscal | ||
years 2004 and 2005
from the
General Revenue Fund for | ||
hospital payments
under the medical assistance program is | ||
less than $4,500,000,000 or the appropriation for each of | ||
State fiscal years 2006, 2007 and 2008 from the General | ||
Revenue Fund for hospital payments under the medical | ||
assistance program is less than $2,500,000,000 increased | ||
annually to reflect any increase in the number of | ||
recipients ; or
| ||
(2) the Department of Public Aid makes changes in its | ||
rules
that
reduce the hospital inpatient or outpatient | ||
payment rates, including adjustment
payment rates, in | ||
effect on October 1, 2004
2003 , except for hospitals | ||
described in
subsection (b) of Section 5A-3 and except for |
changes in the methodology for calculating outlier | ||
payments to hospitals for exceptionally costly stays
and | ||
except for changes in outpatient payment
rates made to | ||
comply with the federal Health Insurance Portability and
| ||
Accountability Act , so long as those changes do not reduce | ||
aggregate
expenditures below the amount expended in State | ||
fiscal year 2005
2003 for such
services; or
| ||
(3) the payments to hospitals required under Section | ||
5A-12 are changed or
are
not eligible for federal matching | ||
funds under Title XIX or XXI of the Social
Security Act.
| ||
(b) The assessment imposed by Section 5A-2 shall not take | ||
effect or
shall
cease to be imposed if the assessment is | ||
determined to be an impermissible
tax under Title XIX
of the | ||
Social Security Act. Moneys in the Hospital Provider Fund | ||
derived
from assessments imposed prior thereto shall be
| ||
disbursed in accordance with Section 5A-8 to the extent federal | ||
matching is
not reduced due to the impermissibility of the | ||
assessments, and any
remaining
moneys shall be
refunded to | ||
hospital providers in proportion to the amounts paid by them.
| ||
(Source: P.A. 93-659, eff. 2-3-04.)
| ||
(305 ILCS 5/5A-12.1 new) | ||
Sec. 5A-12.1. Hospital access improvement payments. | ||
(a) To preserve and improve access to hospital services, | ||
for hospital services rendered on or after August 1, 2005, the | ||
Department of Public Aid shall make payments to hospitals as | ||
set forth in this Section, except for hospitals described in | ||
subsection (b) of Section 5A-3. These payments shall be paid on | ||
a quarterly basis. For State fiscal year 2006, once the | ||
approval of the payment methodology required under this Section | ||
and any waiver required under 42 CFR 433.68 by the Centers for | ||
Medicare and Medicaid Services of the U.S. Department of Health | ||
and Human Services is received, the Department shall pay the | ||
total amounts required for fiscal year 2006 under this Section | ||
within 100 days of the latest notification. In State fiscal | ||
years 2007 and 2008, the total amounts required under this |
Section shall be paid in 4 equal installments on or before the | ||
seventh State business day of September, December, March, and | ||
May, except that if the date of notification of the approval of | ||
the payment methodologies required under this Section and any | ||
waiver required under 42 CFR 433.68 is on or after July 1, | ||
2006, the sum of amounts required under this Section prior to | ||
the date of notification shall be paid within 100 days of the | ||
date of the last notification. Payments under this Section are | ||
not due and payable, however, until (i) the methodologies | ||
described in this Section are approved by the federal | ||
government in an appropriate State Plan amendment, (ii) the | ||
assessment imposed under this Article is determined to be a | ||
permissible tax under Title XIX of the Social Security Act, and | ||
(iii) the assessment is in effect. | ||
(b) Medicaid eligibility payment. In addition to amounts | ||
paid for inpatient hospital
services, the Department shall pay | ||
each Illinois hospital (except for hospitals described in | ||
Section 5A-3) for each inpatient Medicaid admission in State | ||
fiscal year 2003, $430 multiplied by the percentage by which | ||
the number of Medicaid recipients in the county in which the | ||
hospital is located increased from State fiscal year 1998 to | ||
State fiscal year 2003. | ||
(c) Medicaid high volume adjustment. | ||
(1) In addition to rates paid for inpatient hospital | ||
services, the Department shall pay to each Illinois | ||
hospital (except for hospitals that qualify for Medicaid | ||
Percentage Adjustment payments under 89 Ill. Adm. Code | ||
148.122 for the 12-month period beginning on October 1, | ||
2004) that provided more than 10,000 Medicaid inpatient | ||
days of care (determined using the hospital's fiscal year | ||
2002 Medicaid cost report on file with the Department on | ||
July 1, 2004) amounts as follows: | ||
(i) for hospitals that provided more than 10,000 | ||
Medicaid inpatient days of care but less than or equal | ||
to 14,500 Medicaid inpatient days of care, $90 for each | ||
Medicaid inpatient day of care provided during that |
period; and | ||
(ii) for hospitals that provided more than 14,500 | ||
Medicaid inpatient days of care but less than or equal | ||
to 18,500 Medicaid inpatient days of care, $135 for | ||
each Medicaid inpatient day of care provided during | ||
that period; and | ||
(iii) for hospitals that provided more than 18,500 | ||
Medicaid inpatient days of care but less than or equal | ||
to 20,000 Medicaid inpatient days of care, $225 for | ||
each Medicaid inpatient day of care provided during | ||
that period; and | ||
(iv) for hospitals that provided more than 20,000 | ||
Medicaid inpatient days of care, $900 for each Medicaid | ||
inpatient day of care provided during that period. | ||
Provided, however, that no hospital shall receive more | ||
than $19,000,000 per year in such payments under | ||
subparagraphs (i), (ii), (iii), and (iv). | ||
(2) In addition to rates paid for inpatient hospital | ||
services, the Department shall pay to each Illinois general | ||
acute care hospital that as of October 1, 2004, qualified | ||
for Medicaid percentage adjustment payments under 89 Ill. | ||
Adm. Code 148.122 and provided more than 21,000 Medicaid | ||
inpatient days of care (determined using the hospital's | ||
fiscal year 2002 Medicaid cost report on file with the | ||
Department on July 1, 2004) $35 for each Medicaid inpatient | ||
day of care provided during that period. Provided, however, | ||
that no hospital shall receive more than $1,200,000 per | ||
year in such payments.
| ||
(d) Intensive care adjustment. In addition to rates paid | ||
for inpatient services, the Department shall pay an adjustment | ||
payment to each Illinois general acute care hospital located in | ||
a large urban area that, based on the hospital's fiscal year | ||
2002 Medicaid cost report, had a ratio of Medicaid intensive | ||
care unit days to total Medicaid days greater than 19%. If such | ||
ratio for the hospital is less than 30%, the hospital shall be | ||
paid an adjustment payment for each Medicaid inpatient day of |
care provided equal to $1,000 multiplied by the hospital's | ||
ratio of Medicaid intensive care days to total Medicaid days. | ||
If such ratio for the hospital is equal to or greater than 30%, | ||
the hospital shall be paid an adjustment payment for each | ||
Medicaid inpatient day of care provided equal to $2,800 | ||
multiplied by the hospital's ratio of Medicaid intensive care | ||
days to total Medicaid days. | ||
(e) Trauma center adjustments. | ||
(1) In addition to rates paid for inpatient hospital | ||
services, the Department shall pay to each Illinois general | ||
acute care hospital that as of January 1, 2005, was | ||
designated as a Level I trauma center and is either located | ||
in a large urban area or is located in an other urban area | ||
and as of October 1, 2004 qualified for Medicaid percentage | ||
adjustment payments under 89 Ill. Adm. Code 148.122, a | ||
payment equal to $800 multiplied by the hospital's Medicaid | ||
intensive care unit days (excluding Medicare crossover | ||
days). This payment shall be calculated based on data from | ||
the hospital's 2002 cost report on file with the Department | ||
on July 1, 2004. For hospitals located in large urban areas | ||
outside of a city with a population in excess of 1,000,000 | ||
people, the payment required under this subsection shall be | ||
multiplied by 4.5. For hospitals located in other urban | ||
areas, the payment required under this subsection shall be | ||
multiplied by 8.5. | ||
(2) In addition to rates paid for inpatient hospital | ||
services, the Department shall pay an additional payment to | ||
each Illinois general acute care hospital that as of | ||
January 1, 2005, was designated as a Level II trauma center | ||
and is located in a county with a population in excess of | ||
3,000,000 people. The payment shall equal $4,000 per day | ||
for the first 500 Medicaid inpatient days, $2,000 per day | ||
for the Medicaid inpatient days between 501 and 1,500, and | ||
$100 per day for any Medicaid inpatient day in excess of | ||
1,500. This payment shall be calculated based on data from | ||
the hospital's 2002 cost report on file with the Department |
on July 1, 2004. | ||
(3) In addition to rates paid for inpatient hospital | ||
services, the Department shall pay an additional payment to | ||
each Illinois general acute care hospital that as of | ||
January 1, 2005, was designated as a Level II trauma | ||
center, is located in a large urban area outside of a | ||
county with a population in excess of 3,000,000 people, and | ||
as of January 1, 2005, was designated a Level III perinatal | ||
center or designated a Level II or II+ prenatal center that | ||
has a ratio of Medicaid intensive care unit days to total | ||
Medicaid days greater than 5%. The payment shall equal | ||
$4,000 per day for the first 500 Medicaid inpatient days, | ||
$2,000 per day for the Medicaid inpatient days between 501 | ||
and 1,500, and $100 per day for any Medicaid inpatient day | ||
in excess of 1,500. This payment shall be calculated based | ||
on data from the hospital's 2002 cost report on file with | ||
the Department on July 1, 2004. | ||
(4) In addition to rates paid for inpatient hospital | ||
services, the Department shall pay an additional payment to | ||
each Illinois children's hospital that as of January 1, | ||
2005, was designated a Level I pediatric trauma center that | ||
had more than 30,000 Medicaid days in State fiscal year | ||
2003 and to each Level I pediatric trauma center located | ||
outside of Illinois and that had more than 700 Illinois | ||
Medicaid cases in State fiscal year 2003. The amount of | ||
such payment shall equal $325 multiplied by the hospital's | ||
Medicaid intensive care unit days, and this payment shall | ||
be multiplied by 2.25 for hospitals located outside of | ||
Illinois. This payment shall be calculated based on data | ||
from the hospital's 2002 cost report on file with the | ||
Department on July 1, 2004. | ||
(5) Notwithstanding any other provision of this | ||
subsection, a children's hospital, as defined in 89 Ill. | ||
Adm. Code 149.50(c)(3)(B), is not eligible for the payments | ||
described in paragraphs (1), (2), and (3) of this | ||
subsection.
|
(f) Psychiatric rate adjustment. | ||
(1) In addition to rates paid for inpatient psychiatric | ||
services, the Department shall pay each Illinois | ||
psychiatric hospital and general acute care hospital with a | ||
distinct part psychiatric unit, for each Medicaid | ||
inpatient psychiatric day of care provided in State fiscal | ||
year 2003, an amount equal to $420 less the hospital's per | ||
diem rate for Medicaid inpatient psychiatric services as in | ||
effect on July 1, 2002. In no event, however, shall that | ||
amount be less than zero. | ||
(2) For Illinois psychiatric hospitals and distinct | ||
part psychiatric units of Illinois general acute care | ||
hospitals whose inpatient per diem rate as in effect on | ||
July 1, 2002 is greater than $420, the Department shall | ||
pay, in addition to any other amounts authorized under this | ||
Code, $40 for each Medicaid inpatient psychiatric day of | ||
care provided in State fiscal year 2003. | ||
(3) In addition to rates paid for inpatient psychiatric | ||
services, for Illinois psychiatric hospitals located in a | ||
county with a population in excess of 3,000,000 people that | ||
did not qualify for Medicaid percentage adjustment | ||
payments under 89 Ill. Adm. Code 148.122 for the 12-month | ||
period beginning on October 1, 2004, the Illinois | ||
Department shall make an adjustment payment of $150 for | ||
each Medicaid inpatient psychiatric day of care provided by | ||
the hospital in State fiscal year 2003. In addition to | ||
rates paid for inpatient psychiatric services, for | ||
Illinois psychiatric hospitals located in a county with a | ||
population in excess of 3,000,000 people, but outside of a | ||
city with a population in excess of 1,000,000 people, that | ||
did qualify for Medicaid percentage adjustment payments | ||
under 89 Ill. Adm. Code 148.122 for the 12-month period | ||
beginning on October 1, 2004, the Illinois Department shall | ||
make an adjustment payment of $20 for each Medicaid | ||
inpatient psychiatric day of care provided by the hospital | ||
in State fiscal year 2003.
|
(g) Rehabilitation adjustment. | ||
(1) In addition to rates paid for inpatient | ||
rehabilitation services, the Department shall pay each | ||
Illinois general acute care hospital with a distinct part | ||
rehabilitation unit that had at least 40 beds as reported | ||
on the hospital's 2003 Medicaid cost report on file with | ||
the Department as of March 31, 2005, for each Medicaid | ||
inpatient day of care provided during State fiscal year | ||
2003, an amount equal to $230. | ||
(2) In addition to rates paid for inpatient | ||
rehabilitation services, for Illinois rehabilitation | ||
hospitals that did not qualify for Medicaid percentage | ||
adjustment payments under 89 Ill. Adm. Code 148.122 for the | ||
12-month period beginning on October 1, 2004, the Illinois | ||
Department shall make an adjustment payment of $200 for | ||
each Medicaid inpatient day of care provided during State | ||
fiscal year 2003.
| ||
(h) Supplemental tertiary care adjustment. In addition to | ||
rates paid for inpatient services, the Department shall pay to | ||
each Illinois hospital eligible for tertiary care adjustment | ||
payments under 89 Ill. Adm. Code 148.296, as in effect for | ||
State fiscal year 2005, a supplemental tertiary care adjustment | ||
payment equal to 2.5 multiplied by the tertiary care adjustment | ||
payment required under 89 Ill. Adm. Code 148.296, as in effect | ||
for State fiscal year 2005. | ||
(i) Crossover percentage adjustment. In addition to rates | ||
paid for inpatient services, the Department shall pay each | ||
Illinois general acute care hospital, excluding any hospital | ||
defined as a cancer center hospital in rules by the Department, | ||
located in an urban area that provided over 500 days of | ||
inpatient care to Medicaid recipients, that had a ratio of | ||
crossover days to total Medicaid days, utilizing information | ||
used for the Medicaid percentage adjustment determination | ||
described in 84 Ill. Adm. Code 148.122, effective October 1, | ||
2004, of greater than 40%, and that does not qualify for | ||
Medicaid percentage adjustment payments under 89 Ill. Adm. Code |
148.122, on October 1, 2004, an amount as follows: | ||
(1) for hospitals located in an other urban area, $140 | ||
per Medicaid inpatient day (including crossover days); | ||
(2) for hospitals located in a large urban area whose | ||
ratio of crossover days to total Medicaid days is less than | ||
55%, $350 per Medicaid inpatient day (including crossover | ||
days); | ||
(3) for hospitals located in a large urban area whose | ||
ratio of crossover days to total Medicaid days is equal to | ||
or greater than 55%, $1,400 per Medicaid inpatient day | ||
(including crossover days). | ||
The term "Medicaid days" in paragraphs (1), (2), and (3) of | ||
this subsection (i) means the Medicaid days utilized for the | ||
Medicaid percentage adjustment determination described in 89 | ||
Ill. Adm. Code 148.122 for the October 1, 2004 determination.
| ||
(j) Long term acute care hospital adjustment. In addition | ||
to rates paid for inpatient services, the Department shall pay | ||
each Illinois long term acute care hospital that, as of October | ||
1, 2004, qualified for a Medicaid percentage adjustment under | ||
89 Ill. Adm. Code 148.122, $125 for each Medicaid inpatient day | ||
of care provided in State fiscal year 2003. In addition to | ||
rates paid for inpatient services, the Department shall pay | ||
each long term acute care hospital that, as of October 1, 2004, | ||
did not qualify for a Medicaid percentage adjustment under 89 | ||
Ill. Adm. Code 148.122, $1,250 for each Medicaid inpatient day | ||
of care provided in State fiscal year 2003. For purposes of | ||
this subsection, "long term acute care hospital" means a | ||
hospital that (i) is not a psychiatric hospital, rehabilitation | ||
hospital, or children's hospital and (ii) has an average length | ||
of inpatient stay greater than 25 days. | ||
(k) Obstetrical care adjustments. | ||
(1) In addition to rates paid for inpatient services, | ||
the Department shall pay each Illinois hospital an amount | ||
equal to $550 multiplied by each Medicaid obstetrical day | ||
of care provided by the hospital in State fiscal year 2003. | ||
(2) In addition to rates paid for inpatient services, |
the Department shall pay each Illinois hospital that | ||
qualified as a Medicaid disproportionate share hospital | ||
under 89 Ill. Adm. Code 148.120 as of October 1, 2004, and | ||
that had a Medicaid obstetrical percentage greater than 10% | ||
and a Medicaid emergency care percentage greater than 40%, | ||
an amount equal to $650 multiplied by each Medicaid | ||
obstetrical day of care provided by the hospital in State | ||
fiscal year 2003. | ||
(3) In addition to rates paid for inpatient services, | ||
the Department shall pay each Illinois hospital that is | ||
located in the St. Louis metropolitan statistical area and | ||
that provided more than 500 Medicaid obstetrical days of | ||
care in State fiscal year 2003, an amount equal to $1,800 | ||
multiplied by each Medicaid obstetrical day of care | ||
provided by the hospital in State fiscal year 2003. | ||
(4) In addition to rates paid for inpatient services, | ||
the Department shall pay $600 for each Medicaid obstetrical | ||
day of care provided in State fiscal year 2003 by each | ||
Illinois hospital that (i) is located in a large urban | ||
area, (ii) is located in a county whose number of Medicaid | ||
recipients increased from State fiscal year 1998 to State | ||
fiscal year 2003 by more than 60%, and (iii) that had a | ||
Medicaid obstetrical percentage used for the October 1, | ||
2004, Medicaid percentage adjustment determination | ||
described in 89 Ill. Adm. Code 148.122 greater than 25%. | ||
(5) In addition to rates paid for inpatient services, | ||
the Department shall pay $400 for each Medicaid obstetrical | ||
day of care provided in State fiscal year 2003 by each | ||
Illinois rural hospital that (i) was designated a Level II | ||
perinatal center as of January 1, 2005, (ii) had a Medicaid | ||
inpatient utilization rate greater than 34% in State fiscal | ||
year 2002, and (iii) had a Medicaid obstetrical percentage | ||
used for the October 1, 2004, Medicaid percentage | ||
adjustment determination described in 89 Ill. Adm. Code | ||
148.122 greater than 15%. | ||
(l) Outpatient access payments. In addition to the rates |
paid for outpatient hospital services, the Department shall pay | ||
each Illinois hospital (except for hospitals described in | ||
Section 5A-3), an amount equal to 2.38 multiplied by the | ||
hospital's outpatient ambulatory procedure listing payments | ||
for services provided during State fiscal year 2003 multiplied | ||
by the percentage by which the number of Medicaid recipients in | ||
the county in which the hospital is located increased from | ||
State fiscal year 1998 to State fiscal year 2003. | ||
(m) Outpatient utilization payment. | ||
(1) In addition to the rates paid for outpatient | ||
hospital services, the Department shall pay each Illinois | ||
rural hospital, an amount equal to 1.7 multiplied by the | ||
hospital's outpatient ambulatory procedure listing | ||
payments for services provided during State fiscal year | ||
2003. | ||
(2) In addition to the rates paid for outpatient | ||
hospital services, the Department shall pay each Illinois | ||
hospital located in an urban area, an amount equal to 0.45 | ||
multiplied by the hospital's outpatient ambulatory | ||
procedure listing payments received for services provided | ||
during State fiscal year 2003. | ||
(n) Outpatient complexity of care adjustment. In addition | ||
to the rates paid for outpatient hospital services, the | ||
Department shall pay each Illinois hospital located in an urban | ||
area an amount equal to 2.55 multiplied by the hospital's | ||
emergency care percentage multiplied by the hospital's | ||
outpatient ambulatory procedure listing payments received for | ||
services provided during State fiscal year 2003. For children's | ||
hospitals with an inpatient utilization rate used for the | ||
October 1, 2004, Medicaid percentage adjustment determination | ||
described in 89 Ill. Adm. Code 148.122 greater than 90%, this | ||
adjustment shall be multiplied by 2. For cancer center | ||
hospitals, this adjustment shall be multiplied by 3. | ||
(o) Rehabilitation hospital adjustment. In addition to the | ||
rates paid for outpatient hospital services, the Department | ||
shall pay each Illinois freestanding rehabilitation hospital |
that does not qualify for a Medicaid percentage adjustment | ||
under 89 Ill. Adm. Code 148.122 as of October 1, 2004, an | ||
amount equal to 3 multiplied by the hospital's outpatient | ||
ambulatory procedure listing payments for Group 6A services | ||
provided during State fiscal year 2003. | ||
(p) Perinatal outpatient adjustment. In addition to the | ||
rates paid for outpatient hospital services, the Department | ||
shall pay an adjustment payment to each large urban general | ||
acute care hospital that is designated as a perinatal center as | ||
of January 1, 2005, has a Medicaid obstetrical percentage of at | ||
least 10% used for the October 1, 2004, Medicaid percentage | ||
adjustment determination described in 89 Ill. Adm. Code | ||
148.122, has a Medicaid intensive care unit percentage of at | ||
least 3%, and has a ratio of ambulatory procedure listing Level | ||
3 services to total ambulatory procedure listing services of at | ||
least 50%. The amount of the adjustment payment under this | ||
subsection shall be $550 multiplied by the hospital's | ||
outpatient ambulatory procedure listing Level 3A services | ||
provided in State fiscal year 2003. If the hospital, as of | ||
January 1, 2005, was designated a Level III or II+ perinatal | ||
center, the adjustment payments required by this subsection | ||
shall be multiplied by 4. | ||
(q) Supplemental psychiatric adjustment payments. In | ||
addition to rates paid for inpatient services, the Department | ||
shall pay to each Illinois hospital that does not qualify for | ||
Medicaid percentage adjustments described in 89 Ill. Adm. Code | ||
148.122 but is eligible for psychiatric adjustment payments | ||
under 89 Ill. Adm. Code 148.105 for State fiscal year 2005, a | ||
supplemental psychiatric adjustment payment equal to 0.7 | ||
multiplied by the psychiatric adjustment payment required | ||
under 89 Ill. Adm. Code 148.105, as in effect for State fiscal | ||
year 2005. | ||
(r) Outpatient community access adjustment. In addition to | ||
the rates paid for outpatient hospital services, the Department | ||
shall pay an adjustment payment to each general acute care | ||
hospital that is designated as a perinatal center as of January |
1, 2005, that had a Medicaid obstetrical percentage used for | ||
the October 1, 2004, Medicaid percentage adjustment | ||
determination described in 89 Ill. Adm. Code 148.122 of at | ||
least 12.5%, that had a ratio of crossover days to total | ||
Medicaid days utilizing information used for the Medicaid | ||
percentage adjustment described in 89 Ill. Adm. Code 148.122 | ||
determination effective October 1, 2004, of greater than or | ||
equal to 25%, and that qualified for the Medicaid percentage | ||
adjustment payments under 89 Ill. Adm. Code 148.122 on October | ||
1, 2004, an amount equal to $100 multiplied by the hospital's | ||
outpatient ambulatory procedure listing services provided | ||
during State fiscal year 2003. | ||
(s) Definitions. Unless the context requires otherwise or | ||
unless provided otherwise in this Section, the terms used in | ||
this Section for qualifying criteria and payment calculations | ||
shall have the same meanings as those terms have been given in | ||
the Illinois Department's administrative rules as in effect on | ||
May 1, 2005. Other terms shall be defined by the Illinois | ||
Department by rule. | ||
As used in this Section, unless the context requires | ||
otherwise: | ||
"Emergency care percentage" means a fraction, the | ||
numerator of which is the total Group
3 ambulatory procedure | ||
listing services provided by the hospital in State fiscal year | ||
2003, and the denominator of which is the total ambulatory | ||
procedure listing services provided by the hospital in State | ||
fiscal year 2003. | ||
"Large urban area" means an area located within a | ||
metropolitan statistical area, as defined by the U.S. Office of | ||
Management and Budget in OMB Bulletin 04-03, dated February 18, | ||
2004, with a population in excess of 1,000,000. | ||
"Medicaid intensive care unit days" means the number of | ||
hospital inpatient days during which Medicaid recipients | ||
received intensive care services from the hospital, as | ||
determined from the hospital's 2002 Medicaid cost report that | ||
was on file with the Department as of July 1, 2004. |
"Other urban area" means an area located within a | ||
metropolitan statistical area, as defined by the U.S. Office of | ||
Management and Budget in OMB Bulletin 04-03, dated February 18, | ||
2004, with a city with a population in excess of 50,000 or a | ||
total population in excess of 100,000. | ||
(t) For purposes of this Section, a hospital that enrolled | ||
to provide Medicaid services during State fiscal year 2003 | ||
shall have its utilization and associated reimbursements | ||
annualized prior to the payment calculations being performed | ||
under this Section.
| ||
(u) For purposes of this Section, the terms "Medicaid | ||
days", "ambulatory procedure listing services", and | ||
"ambulatory procedure listing payments" do not include any | ||
days, charges, or services for which Medicare was liable for | ||
payment, except where explicitly stated otherwise in this | ||
Section.
| ||
(v) As provided in Section 5A-14, this Section is repealed | ||
on July 1, 2008. | ||
(305 ILCS 5/5A-13)
| ||
Sec. 5A-13. Emergency rulemaking. The Department of
Public | ||
Aid may adopt rules necessary to implement
this amendatory Act | ||
of the 94th
93rd General Assembly
through the use of emergency | ||
rulemaking in accordance with
Section 5-45 of the Illinois | ||
Administrative Procedure Act.
For purposes of that Act, the | ||
General Assembly finds that the
adoption of rules to implement | ||
this
amendatory Act of the 94th
93rd General Assembly is deemed | ||
an
emergency and necessary for the public interest, safety, and | ||
welfare.
| ||
(Source: P.A. 93-659, eff. 2-3-04.) | ||
(305 ILCS 5/5A-14)
| ||
Sec. 5A-14. Repeal of assessments and disbursements.
| ||
(a) Section 5A-2 is repealed on July 1, 2008
2005 .
| ||
(b) Section 5A-12 is repealed on July 1, 2005.
| ||
(c) Section 5A-12.1 is repealed on July 1, 2008.
|
(Source: P.A. 93-659, eff. 2-3-04.) | ||
Section 90-97. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes.
| ||
Section 90-99. Effective date. This Act takes effect upon | ||
becoming law. |