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| Public Act 096-0743 |
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AN ACT concerning public aid.
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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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Section 5. The Illinois Public Aid Code is amended by | ||||
adding Sections 5-5.4d and 5-5.4e as follows: | ||||
(305 ILCS 5/5-5.4d new) | ||||
Sec. 5-5.4d. MDS payment methodology; quarterly rate | ||||
adjustments. On and after July 1, 2009, the nursing component | ||||
of the nursing facility medical assistance rate computed under | ||||
the Minimum Data Set (MDS) payment methodology shall be | ||||
calculated and adjusted quarterly. The Department of | ||||
Healthcare and Family Services may adopt rules necessary to | ||||
implement this amendatory Act of the 96th General Assembly | ||||
through the use of emergency rulemaking in accordance with | ||||
Section 5-45 of the Illinois Administrative Procedure Act, | ||||
except that the 24-month limitation on the adoption of | ||||
emergency rules under Section 5-45 and the provisions of | ||||
Sections 5-115 and 5-125 of that Act do not apply to rules | ||||
adopted under this Section. For purposes of that Act, the | ||||
General Assembly finds that the adoption of rules to implement | ||||
this amendatory Act of the 96th General Assembly is deemed an | ||||
emergency and necessary for the public interest, safety, and | ||||
welfare. | ||||
(305 ILCS 5/5-5.4e new) | ||
Sec. 5-5.4e. Nursing facilities; ventilator rates. On and | ||
after October 1, 2009, the Department of Healthcare and Family | ||
Services shall adopt rules to provide medical assistance | ||
reimbursement under this Article for the care of persons on | ||
ventilators in skilled nursing facilities licensed under the | ||
Nursing Home Care Act and certified to participate under the | ||
medical assistance program. Accordingly, necessary amendments | ||
to the rules implementing the Minimum Data Set (MDS) payment | ||
methodology shall also be made to provide a separate per diem | ||
ventilator rate based on days of service. The Department may | ||
adopt rules necessary to implement this amendatory Act of the | ||
96th General Assembly through the use of emergency rulemaking | ||
in accordance with Section 5-45 of the Illinois Administrative | ||
Procedure Act, except that the 24-month limitation on the | ||
adoption of emergency rules under Section 5-45 and the | ||
provisions of Sections 5-115 and 5-125 of that Act do not apply | ||
to rules adopted under this Section. For purposes of that Act, | ||
the General Assembly finds that the adoption of rules to | ||
implement this amendatory Act of the 96th General Assembly is | ||
deemed an emergency and necessary for the public interest, | ||
safety, and welfare.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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