Public Act 93-0659

HB0701 Enrolled                      LRB093 05499 MKM 05590 b

    AN ACT in relation to public aid.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  State Finance Act is amended by adding
Sections 5.620, 5.621, and 6z-56 and changing Section  8h  as
follows:

    (30 ILCS 105/5.620 new)
    Sec. 5.620.  The Health Care Services Trust Fund.

    (30 ILCS 105/5.621 new)
    Sec. 5.621.  The Health and Human Services Medicaid Trust
Fund.

    (30 ILCS 105/6z-56 new)
    Sec.  6z-56.  The  Health  Care  Services Trust Fund. The
Health Care Services  Trust  Fund  is  hereby  created  as  a
special fund in the State treasury.
    The  Fund shall consist of moneys deposited, transferred,
or appropriated into the Fund from units of local  government
other than a county with a population greater than 3,000,000,
from  the  State,  from  federal  matching funds, or from any
other legal source.
    Subject to appropriation, the moneys in the Fund shall be
used by the Department of Public  Aid  to  make  payments  to
providers  of  services  covered  under the Medicaid or State
Children's Health Insurance programs. Payments  may  be  made
out  of  the  Fund  only  to  providers  located  within  the
geographic  jurisdiction  of  units  of local government that
make deposits, transfers, or appropriations into the Fund.
    The Department of Public Aid shall adopt rules concerning
application for and disbursement of the moneys in the Fund.
    (30 ILCS 105/8h)
    Sec.   8h.   Transfers   to   General    Revenue    Fund.
Notwithstanding  any  other  State  law  to the contrary, the
Director of the Governor's Office of  Management  and  Budget
Bureau  of  the Budget may from time to time direct the State
Treasurer and Comptroller to transfer a  specified  sum  from
any  fund  held by the State Treasurer to the General Revenue
Fund in order to help defray the State's operating costs  for
the  fiscal year.  The total transfer under this Section from
any fund in any fiscal year shall not exceed the lesser of 8%
of the revenues to be deposited into  the  fund  during  that
year  or  25%  of  the  beginning  balance  in  the fund.  No
transfer may be made from a  fund  under  this  Section  that
would  have  the  effect of reducing the available balance in
the  fund  to  an  amount  less  than  the  amount  remaining
unexpended and unreserved from the total  appropriation  from
that  fund for that fiscal year.  This Section does not apply
to any funds that are restricted by federal law to a specific
use or to any funds  in  the  Motor  Fuel  Tax  Fund  or  the
Hospital  Provider Fund.  Notwithstanding any other provision
of this Section, the total transfer under this  Section  from
the  Road  Fund  or the State Construction Account Fund shall
not exceed 5% of the revenues to be deposited into  the  fund
during that year.
    In  determining  the  available  balance  in  a fund, the
Director of the Governor's Office of  Management  and  Budget
Bureau of the Budget may include receipts, transfers into the
fund,  and other resources anticipated to be available in the
fund in that fiscal year.
    The State Treasurer and Comptroller  shall  transfer  the
amounts  designated  under  this  Section  as  soon as may be
practicable after receiving the direction  to  transfer  from
the  Director  of  the  Governor's  Office  of Management and
Budget Bureau of the Budget.
(Source: P.A. 93-32, eff. 6-20-03; revised 8-21-03.)

    Section 10.  The Illinois Public Aid Code is  amended  by
changing  Sections 5-5.4, 5A-1, 5A-2, 5A-3, 5A-4, 5A-5, 5A-7,
5A-8, 5A-10, and 14-1 and by adding  Sections  5A-12,  5A-13,
and 5A-14 as follows:

    (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
    Sec.  5-5.4.  Standards of Payment - Department of Public
Aid. The Department of Public Aid shall develop standards  of
payment  of skilled nursing and intermediate care services in
facilities providing such services under this Article which:
    (1)  Provide  for  the  determination  of  a   facility's
payment for skilled nursing and intermediate care services on
a  prospective  basis. The amount of the payment rate for all
nursing facilities certified  by  the  Department  of  Public
Health  under  the Nursing Home Care Act as Intermediate Care
for the Developmentally Disabled facilities, Long  Term  Care
for  Under  Age 22 facilities, Skilled Nursing facilities, or
Intermediate Care facilities  under  the  medical  assistance
program  shall  be  prospectively established annually on the
basis  of  historical,  financial,   and   statistical   data
reflecting  actual  costs  from  prior  years, which shall be
applied to the current rate year and updated  for  inflation,
except  that  the  capital cost element for newly constructed
facilities  shall  be  based  upon  projected  budgets.   The
annually established payment rate shall take effect on July 1
in 1984 and subsequent years.  No rate increase and no update
for inflation shall be provided on or after July 1, 1994  and
before July 1, 2004, unless specifically provided for in this
Section.
    For  facilities  licensed  by  the  Department  of Public
Health under the Nursing Home Care Act as  Intermediate  Care
for the Developmentally Disabled facilities or Long Term Care
for  Under Age 22 facilities, the rates taking effect on July
1, 1998 shall include an  increase  of  3%.   For  facilities
licensed by the Department of Public Health under the Nursing
Home  Care  Act as Skilled Nursing facilities or Intermediate
Care facilities, the rates taking  effect  on  July  1,  1998
shall  include an increase of 3% plus $1.10 per resident-day,
as defined by the Department.
    For facilities  licensed  by  the  Department  of  Public
Health  under  the Nursing Home Care Act as Intermediate Care
for the Developmentally Disabled facilities or Long Term Care
for Under Age 22 facilities, the rates taking effect on  July
1,  1999  shall  include  an  increase of 1.6% plus $3.00 per
resident-day, as defined by the Department.   For  facilities
licensed by the Department of Public Health under the Nursing
Home  Care  Act as Skilled Nursing facilities or Intermediate
Care facilities, the rates taking  effect  on  July  1,  1999
shall  include an increase of 1.6% and, for services provided
on or after October 1, 1999, shall be increased by $4.00  per
resident-day, as defined by the Department.
    For  facilities  licensed  by  the  Department  of Public
Health under the Nursing Home Care Act as  Intermediate  Care
for the Developmentally Disabled facilities or Long Term Care
for  Under Age 22 facilities, the rates taking effect on July
1, 2000 shall include an increase of 2.5%  per  resident-day,
as defined by the Department.  For facilities licensed by the
Department  of  Public Health under the Nursing Home Care Act
as  Skilled   Nursing   facilities   or   Intermediate   Care
facilities,  the  rates  taking  effect on July 1, 2000 shall
include an increase of 2.5% per resident-day, as  defined  by
the Department.
    For  facilities  licensed  by  the  Department  of Public
Health under the Nursing Home Care  Act  as  skilled  nursing
facilities  or  intermediate  care  facilities, a new payment
methodology must be implemented for the nursing component  of
the rate effective July 1, 2003. The Department of Public Aid
shall  develop  the new payment methodology using the Minimum
Data Set (MDS)  as  the  instrument  to  collect  information
concerning  nursing  home  resident  condition  necessary  to
compute  the rate. The Department of Public Aid shall develop
the new payment methodology  to  meet  the  unique  needs  of
Illinois  nursing  home  residents while remaining subject to
the  appropriations  provided  by  the  General  Assembly.  A
transition period from the payment methodology in  effect  on
June 30, 2003 to the payment methodology in effect on July 1,
2003  shall  be  provided  for a period not exceeding 2 years
after  implementation  of  the  new  payment  methodology  as
follows:
         (A)  For a  facility  that  would  receive  a  lower
    nursing  component  rate  per  patient  day under the new
    system than the facility received effective on  the  date
    immediately   preceding  the  date  that  the  Department
    implements  the  new  payment  methodology,  the  nursing
    component rate per patient day for the facility shall  be
    held  at  the  level  in  effect  on the date immediately
    preceding the date that the Department implements the new
    payment methodology until a higher nursing component rate
    of reimbursement is achieved by that facility.
         (B)  For a facility  that  would  receive  a  higher
    nursing  component rate per patient day under the payment
    methodology in effect on July 1, 2003 than  the  facility
    received  effective on the date immediately preceding the
    date that  the  Department  implements  the  new  payment
    methodology,  the  nursing component rate per patient day
    for the facility shall be adjusted.
         (C)  Notwithstanding paragraphs  (A)  and  (B),  the
    nursing  component  rate per patient day for the facility
    shall be adjusted subject to appropriations  provided  by
    the General Assembly.
    For  facilities  licensed  by  the  Department  of Public
Health under the Nursing Home Care Act as  Intermediate  Care
for the Developmentally Disabled facilities or Long Term Care
for Under Age 22 facilities, the rates taking effect on March
1,  2001  shall  include  a  statewide  increase of 7.85%, as
defined by the Department.
    For facilities  licensed  by  the  Department  of  Public
Health  under  the Nursing Home Care Act as Intermediate Care
for the Developmentally Disabled facilities or Long Term Care
for Under Age 22 facilities, the rates taking effect on April
1, 2002 shall  include  a  statewide  increase  of  2.0%,  as
defined  by  the Department. This increase terminates on July
1, 2002; beginning July 1, 2002 these rates  are  reduced  to
the  level  of  the  rates  in  effect  on March 31, 2002, as
defined by the Department.
    For facilities  licensed  by  the  Department  of  Public
Health  under  the  Nursing  Home Care Act as skilled nursing
facilities or intermediate care facilities, the rates  taking
effect  on  July  1,  2001  shall  be computed using the most
recent cost reports on file with the Department of Public Aid
no later than April 1, 2000, updated for inflation to January
1, 2001.  For rates effective July 1, 2001 only, rates  shall
be  the  greater of the rate computed for July 1, 2001 or the
rate effective on June 30, 2001.
    Notwithstanding any other provision of this Section,  for
facilities  licensed by the Department of Public Health under
the Nursing Home Care Act as skilled  nursing  facilities  or
intermediate  care  facilities, the Illinois Department shall
determine by rule the rates taking effect on  July  1,  2002,
which shall be 5.9% less than the rates in effect on June 30,
2002.
    Notwithstanding  any other provision of this Section, for
facilities licensed by the Department of Public Health  under
the  Nursing  Home  Care Act as skilled nursing facilities or
intermediate care facilities, the Illinois  Department  shall
determine  by  rule  the rates taking effect on July 1, 2003,
which shall be 3.0% less than the rates in effect on June 30,
2002. This rate shall take  effect  only  upon  approval  and
implementation  of  the  payment methodologies required under
Section 5A-12.
    Rates established effective  each  July  1  shall  govern
payment  for  services  rendered throughout that fiscal year,
except that rates  established  on  July  1,  1996  shall  be
increased  by  6.8% for services provided on or after January
1, 1997.  Such rates will be based upon the rates  calculated
for the year beginning July 1, 1990, and for subsequent years
thereafter until June 30, 2001 shall be based on the facility
cost reports for the facility fiscal year ending at any point
in  time  during  the  previous calendar year, updated to the
midpoint of the rate year.  The cost report shall be on  file
with the Department no later than April 1 of the current rate
year.   Should the cost report not be on file by April 1, the
Department shall base the rate  on  the  latest  cost  report
filed  by  each  skilled  care facility and intermediate care
facility, updated to the midpoint of the current  rate  year.
In  determining rates for services rendered on and after July
1, 1985, fixed time shall not be computed at less than  zero.
The  Department shall not make any alterations of regulations
which would reduce any component of the Medicaid  rate  to  a
level  below what that component would have been utilizing in
the rate effective on July 1, 1984.
    (2)  Shall take into account the actual costs incurred by
facilities in providing services for  recipients  of  skilled
nursing  and  intermediate  care  services  under the medical
assistance program.
    (3)  Shall   take   into   account   the   medical    and
psycho-social characteristics and needs of the patients.
    (4)  Shall take into account the actual costs incurred by
facilities  in  meeting licensing and certification standards
imposed and prescribed by the State of Illinois, any  of  its
political  subdivisions  or  municipalities  and  by the U.S.
Department of Health and Human Services pursuant to Title XIX
of the Social Security Act.
    The  Department  of  Public  Aid  shall  develop  precise
standards for payments to reimburse  nursing  facilities  for
any  utilization  of appropriate rehabilitative personnel for
the provision of rehabilitative services which is  authorized
by  federal regulations, including reimbursement for services
provided by qualified therapists or qualified assistants, and
which is in accordance with accepted professional  practices.
Reimbursement  also  may  be  made  for  utilization of other
supportive personnel under appropriate supervision.
(Source: P.A.  92-10,  eff.  6-11-01;  92-31,  eff.  6-28-01;
92-597,  eff.  6-28-02;  92-651,  eff.  7-11-02; 92-848, eff.
1-1-03; 93-20, eff. 6-20-03.)

    (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:
    "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.
    "Adjusted  gross  hospital  revenue"  shall be determined
separately  for  each  hospital   conducted,   operated,   or
maintained  by  a  hospital provider, and  means the hospital
provider's  total  gross  patient  revenues   less   Medicare
contractual  allowances,  but  does not include gross patient
revenue  (and  the  portion  of  any   Medicare   contractual
allowance  related  thereto)  from  skilled  or  intermediate
long-term  care services within the meaning of Title XVIII or
XIX of the Social Security Act.
    "Intergovernmental transfer payment" means  the  payments
established  under  Section  15-3  of this Code, and includes
without limitation payments payable under  that  Section  for
July, August, and September of 1992.
(Source: P.A. 87-861; 88-88.)

    (305 ILCS 5/5A-2) (from Ch. 23, par. 5A-2)
    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 for State fiscal years 2004 and 2005  in  an  amount
equal  to  the  hospital's  occupied  bed  days multiplied by
$84.19.
    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, 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. For the
privilege of engaging in the occupation of hospital provider,
an assessment is imposed upon each hospital provider for  the
State  fiscal  year  beginning  on July 1, 1993 and ending on
June 30, 1994, in an amount equal to 1.88% of the  provider's
adjusted  gross hospital revenue for the most recent calendar
year ending before the beginning of that State fiscal year.
    Effective July 1, 1994 through June 30, 1996,  an  annual
assessment  is  imposed  upon  each  hospital  provider in an
amount  equal  to  the  provider's  adjusted  gross  hospital
revenue for the most recent calendar year ending  before  the
beginning  of  that  State  fiscal  year  multiplied  by  the
Provider's Savings Rate.
    Effective  July  1,  1996  through  March  31,  1997,  an
assessment  is  imposed  upon  each  hospital  provider in an
amount equal to  three-fourths  of  the  provider's  adjusted
gross  hospital  revenue for calendar year 1995 multiplied by
the Provider's Savings Rate.  No assessment shall be  imposed
on or after April 1, 1997.
    Before July 1, 1995, the Provider's Savings Rate is 1.88%
multiplied  by  a  fraction,  the  numerator  of which is the
Maximum Section 5A-2 Contribution  minus  the  Cigarette  Tax
Contribution,  and  the  denominator  of which is the Maximum
Section 5A-2  Contribution.   Effective  July  1,  1995,  the
Provider's  Savings  Rate  is 1.25% multiplied by a fraction,
the  numerator  of  which  is  the   Maximum   Section   5A-2
Contribution  minus  the  Cigarette Tax Contribution, and the
denominator  of   which   is   the   Maximum   Section   5A-2
Contribution.
    The  Cigarette  Tax  Contribution is the sum of the total
amount  deposited  in  the  Hospital  Provider  Fund  in  the
previous State fiscal year pursuant to Section  2(a)  of  the
Cigarette  Tax  Act,  plus  the total amount deposited in the
Hospital Provider Fund in  the  previous  State  fiscal  year
pursuant to Section 5A-3(c) of this Code.
    The Maximum Section 5A-2 Contribution is the total amount
of  tax  imposed by this Section in the previous State fiscal
year on providers  subject  to  this  Act,  multiplied  by  a
fraction  the  numerator  of which is adjusted gross hospital
revenues reported to the Department by providers  subject  to
this   Act  for  the  previous  State  fiscal  year  and  the
denominator of which  is  adjusted  gross  hospital  revenues
reported  to  the Department by providers subject to this Act
for the State fiscal year immediately preceding the  previous
State fiscal year.
    The  Department  shall  notify  hospital providers of the
Provider's  Savings  Rate  by  mailing  a  notice   to   each
provider's  last known address as reflected by the records of
the Illinois Department.
    (b)  Nothing in this amendatory Act of the  93rd  General
Assembly  1995  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, 2005.
(Source:  P.A.  88-88;  89-21,  eff.  7-1-95;  89-499,   eff.
6-28-96.)

    (305 ILCS 5/5A-3) (from Ch. 23, par. 5A-3)
    Sec. 5A-3.  Exemptions; intergovernmental transfers.
    (a)  Blank). A hospital provider which is a county with a
population    of    more    than    3,000,000    that   makes
intergovernmental transfer payments as  provided  in  Section
15-3 of this Code shall be exempt from the assessment imposed
by  Section  5A-2,  unless  the  exemption  is adjudged to be
unconstitutional or otherwise  invalid,  in  which  case  the
county  shall  pay the assessment imposed by Section 5A-2 for
all assessment periods beginning on or after  July  1,  1992,
and  the  assessment  so paid shall be creditable against the
intergovernmental transfer payments.
    (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. A
hospital organized under the University of Illinois  Hospital
Act and exempt from the assessment imposed by Section 5A-2 is
hereby authorized to enter into an interagency agreement with
the  Illinois  Department  to make intergovernmental transfer
payments to the Illinois Department.  These payments shall be
deposited into the University of Illinois  Hospital  Services
Fund  or,  if  that  Fund  ceases  to exist, into the General
Revenue Fund.
    (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). A hospital operated by the Department  of
Human  Services in the course of performing its mental health
and developmental disabilities functions is exempt  from  the
assessment imposed by Section 5A-2.
    (b-10)  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)  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)  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)  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).   The   Illinois   Department   is   hereby
authorized  to  enter  into agreements with publicly owned or
operated  hospitals  to   make   intergovernmental   transfer
payments to the Illinois Department.  These payments shall be
deposited  into  the  Hospital Provider Fund, except that any
payments arising under an agreement with a hospital organized
under the  University  of  Illinois  Hospital  Act  shall  be
deposited  into  the University of Illinois Hospital Services
Fund, if that Fund exists.
(Source:  P.A.  88-88;  88-554,  eff.  7-26-94;  89-21,  eff.
7-1-95; 89-507, eff. 7-1-97.)

    (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 a 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
September 30, December 31, March 31, and May 31 of the  year;
except  that  for  the  period July 1, 1996 through March 31,
1997, the assessment imposed by Section 5A-2 for that  period
shall be due and payable in 3 equal installments on September
30,  December 31, and March 31 of that period. 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 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 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.
    (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  month
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. 88-88; 89-499, eff. 6-28-96.)

    (305 ILCS 5/5A-5) (from Ch. 23, par. 5A-5)
    Sec. 5A-5.  Notice  Reporting;  penalty;  maintenance  of
records.
    (a)  After  December 31 of each year (except as otherwise
provided in this subsection), and on or before  March  31  of
the  succeeding year, the Department of Public Aid shall send
a notice of assessment to every hospital provider subject  to
assessment  under  this  Article shall file a return with the
Illinois Department.  The notice of assessment  shall  notify
the  hospital  of  its return shall report the adjusted gross
hospital revenue from the calendar year just ended and  shall
be  utilized  by  the  Illinois  Department  to calculate the
assessment for the State fiscal year commencing on  the  next
July  1,  except  that the notice return for the State fiscal
year commencing July 1, 2003 1992 and the report  of  revenue
for  calendar year 1991 shall be sent filed on or before June
1, 2004 September 30, 1992.  The notice return 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 adjusted gross hospital
    revenue of the hospital provider for  the  calendar  year
    just  ended,  the  amount  of  assessment  imposed  under
    Section  5A-2  for  the  State  fiscal year for which the
    notice return is sent  filed,  and  the  amount  of  each
    quarterly  installment to be paid during the State fiscal
    year.
         (4)  (Blank). The amount of penalty due, if any.
         (5)  Other reasonable information as  determined  by
    the Illinois Department requires.
    (b)  If   a  hospital  provider  conducts,  operates,  or
maintains more than one hospital  licensed  by  the  Illinois
Department  of Public Health, the provider shall may not file
a single return covering all those hospitals, but shall  file
a separate return for each hospital and shall compute and 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 months in the year during which
the provider conducts, operates, or  maintains  the  hospital
and  the  denominator  of  which is 365 12.  Immediately upon
ceasing to conduct, operate,  or  maintain  a  hospital,  the
person  shall  pay  file  a  final,  amended  return with the
Illinois Department not more than 90 days after the cessation
reflecting the adjustment and shall pay with the final return
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 file an initial return for the State fiscal
year  in  which  the  commencement  occurs  within  90   days
thereafter  and  shall  pay  the  assessment  computed  under
Section  5A-2 and subsection (e) in equal installments on the
due dates stated in the notice date of the return and on  the
regular  installment  due  dates  for  the  State fiscal year
occurring after the due dates  date  of  the  initial  notice
return.
    (e)  Notwithstanding any other provision in this Article,
in  the  case  of  a  hospital provider that did not conduct,
operate, or maintain a hospital throughout the calendar  year
2001  preceding  a State fiscal year, the assessment for that
State  fiscal  year  shall  be  computed  on  the  basis   of
hypothetical   occupied  bed  days  adjusted  gross  hospital
revenue for the full calendar year  as  determined  by  rules
adopted  by  the  Illinois  Department (which may be based on
annualization of the provider's actual revenues for a portion
of the calendar year, or revenues of  a  comparable  hospital
for the year, including revenues realized by a prior provider
from the same hospital during the year).
    (f)  (Blank). In the case of a hospital provider existing
as  a  corporation  or legal entity other than an individual,
the return filed by it shall  be  signed  by  its  president,
vice-president,  secretary,  or  treasurer or by its properly
authorized agent.
    (g)  (Blank). If a hospital provider fails  to  file  its
return  for  a State fiscal year on or before the due date of
the return,  there  shall,  unless  waived  by  the  Illinois
Department  for  reasonable cause, be added to the assessment
imposed by Section 5A-2 for the State fiscal year  a  penalty
assessment  equal  to  25%  of the assessment imposed for the
year.
    (h)  (Blank).  Every   hospital   provider   subject   to
assessment  under  this Article shall keep sufficient records
to  permit  the  determination  of  adjusted  gross  hospital
revenue on a calendar year basis.  All such records shall  be
kept  in  the English language and shall, at all times during
business hours of the day, be subject to  inspection  by  the
Illinois   Department  or  its  duly  authorized  agents  and
employees.
(Source: P.A. 87-861.)

    (305 ILCS 5/5A-7) (from Ch. 23, par. 5A-7)
    Sec. 5A-7. Administration; enforcement provisions.
    (a)  To the extent practicable, the  Illinois  Department
shall  administer  and  enforce  this Article and collect the
assessments, interest, and penalty assessments imposed  under
this  Article using procedures employed in its administration
of this Code generally and, as it  deems  appropriate,  in  a
manner  similar  to  that  in which the Department of Revenue
administers and collects the retailers' occupation tax  under
the  Retailers'  Occupation  Tax  Act  ("ROTA").   Instead of
certificates of registration, the Illinois  Department  shall
establish  and  maintain  a listing of all hospital providers
appearing in the  licensing  records  of  the  Department  of
Public   Health,  which  shall  show  each  provider's  name,
principal place of business, and the name and address of each
hospital operated, conducted, or maintained by  the  provider
in   this   State.   In  addition,  the  following  specified
provisions  of  the  Retailers'  Occupation   Tax   Act   are
incorporated  by  reference into this Section except that the
Illinois  Department  and  its  Director  (rather  than   the
Department  of  Revenue  and its Director) and every hospital
provider subject to assessment measured by occupied bed  days
adjusted  gross  hospital  revenue  and  to the return filing
requirements of this Article (rather than persons subject  to
retailers' occupation tax measured by gross receipts from the
sale  of  tangible  personal  property  at  retail and to the
return filing requirements of ROTA) shall  have  the  powers,
duties,  and  rights  specified  in these ROTA provisions, as
modified in this Section or by the Illinois Department  in  a
manner  consistent with this Article and except as manifestly
inconsistent with the other provisions of this Article:
         (1)  ROTA, Section 4 (examination of return;  notice
    of   correction;   evidence;   limitations;  protest  and
    hearing), except that (i) the Illinois  Department  shall
    issue   notices  of  assessment  liability  (rather  than
    notices of tax liability as provided in ROTA, Section 4);
    (ii) in the case of a fraudulent return or in the case of
    an extended period agreed to by the  Illinois  Department
    and  the  hospital  provider before the expiration of the
    limitation period,  no  notice  of  assessment  liability
    shall  be issued more than 3 years after the later of the
    due date of the return required by Section  5A-5  or  the
    date  the return (or an amended return) was filed (rather
    within the period stated in ROTA, Section 4);  and  (iii)
    the  penalty  provisions  of  ROTA,  Section  4 shall not
    apply.
         (2)  ROTA, Sec. 5 (failure to make  return;  failure
    to  pay assessment), except that the penalty and interest
    provisions of ROTA, Section 5 shall not apply.
         (3)  ROTA,    Section    5a    (lien;    attachment;
    termination; notice; protest; review;  release  of  lien;
    status of lien).
         (4)  ROTA,  Section  5b  (State  lien notices; State
    lien index; duties of recorder and registrar of titles).
         (5)  ROTA,  Section  5c   (liens;   certificate   of
    release).
         (6)  ROTA,  Section  5d  (Department not required to
    furnish bond; claim to property attached or levied upon).
         (7)  ROTA,  Section  5e   (foreclosure   on   liens;
    enforcement).
         (8)  ROTA,  Section 5f (demand for payment; levy and
    sale of property; limitation).
         (9)  ROTA,   Section   5g   (sale    of    property;
    redemption).
         (10)  ROTA,  Section  5j (sales on transfers outside
    usual course of business; report; payment of  assessment;
    rights  and  duties  of  purchaser; penalty), except that
    notice shall be provided to the  Illinois  Department  as
    specified by rule.
         (11)  ROTA, Section 6 (erroneous payments; credit or
    refund),  provided  that  (i) the Illinois Department may
    only apply an  amount  otherwise  subject  to  credit  or
    refund  to  a  liability arising under this Article; (ii)
    except in the case of an extended period agreed to by the
    Illinois Department and the hospital provider before  the
    expiration  of this limitation period, a claim for credit
    or refund must be filed no more than 3  years  after  the
    due  date  of the return required by Section 5A-5 (rather
    than the time limitation stated in ROTA, Section 6);  and
    (iii) credits or refunds shall not bear interest.
         (12)  ROTA,   Section   6a  (claims  for  credit  or
    refund).
         (13)  ROTA, Section 6b (tentative  determination  of
    claim; notice; hearing; review), provided that a hospital
    provider or its representative shall have 60 days (rather
    than 20 days)  within which to file a protest and request
    for  hearing  in response to a tentative determination of
    claim.
         (14)  ROTA,  Section  6c  (finality   of   tentative
    determinations).
         (15)  ROTA,    Section    8    (investigations   and
    hearings).
         (16)  ROTA, Section 9 (witness; immunity).
         (17)  ROTA,  Section  10  (issuance  of   subpoenas;
    attendance   of   witnesses;   production  of  books  and
    records).
         (18)  ROTA, Section  11  (information  confidential;
    exceptions).
         (19)  ROTA,   Section  12  (rules  and  regulations;
    hearing; appeals), except that a hospital provider  shall
    not be required to file a bond or be subject to a lien in
    lieu  thereof  in  order  to  seek court review under the
    Administrative  Review  Law  of  a  final  assessment  or
    revised final assessment or the equivalent thereof issued
    by the Illinois Department under this Article.
    (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 provider.
(Source: P.A. 87-861.)

    (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 as follows:
         (1)  For  making  payments  to hospitals as required
    under Articles V, VI, and XIV  hospital  inpatient  care,
    hospital  ambulatory  care,  and  disproportionate  share
    hospital  distributive  expenditures made under Title XIX
    of the Social Security Act and Article V 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 and for making required payments under Section
    14-9 of this Code if there are no  moneys  available  for
    those payments in the Hospital Services Trust Fund.
         (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 to the General Obligation
    Bond Retirement and Interest Fund, 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  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. 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 to
the  General  Obligation  Bond  Retirement and Interest Fund,
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. Any  balance  in  the  Hospital  Services
    Trust  Fund  in the State Treasury.  The balance shall be
    transferred  to  the  Fund  upon  certification  by   the
    Illinois  Department to the State Comptroller that all of
    the disbursements required by  Section  14-2(b)  of  this
    Code have been made.
         (5)  All other moneys received for the Fund from any
    other source, including interest earned thereon.
    (d)  (Blank). The Fund shall cease to exist on October 1,
1999.   Any  balance  in  the  Fund  as of that date shall be
transferred to the General Revenue  Fund.   Any  moneys  that
otherwise  would  be paid into the Fund on or after that date
shall be  deposited  into  the  General  Revenue  Fund.   Any
disbursements  on  or after that date that otherwise would be
made from  the  Fund  may  be  appropriated  by  the  General
Assembly from the General Revenue Fund.
(Source: P.A. 89-626, eff. 8-9-96; 90-587, eff. 7-1-98.)

    (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
         (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, 2003, except for hospitals
    described in subsection (b) of Section  5A-3  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 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  amount  of  matching
federal  funds  under Title XIX of the Social Security Act is
eliminated  or  significantly  reduced  on  account  of   the
assessment.   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  by  the
assessments, and any remaining moneys  assessments  shall  be
refunded  to  hospital providers in proportion to the amounts
paid by them.
(Source: P.A. 87-861.)

    (305 ILCS 5/5A-12 new)
    Sec. 5A-12.  Hospital access improvement payments.
    (a)  To improve access to hospital services, for hospital
services rendered on or after June 1, 2004, 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 2004, the Department
shall pay the total  amounts  required  under  this  Section;
these amounts shall be paid on or before June 15 of the year.
In  subsequent State fiscal years, the total amounts required
under this Section shall be paid in 4 equal  installments  on
or  before  July  15, October 15, January 14, and April 15 of
the year.  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)  High  volume  payment. In addition to rates paid for
inpatient hospital services, the  Department  of  Public  Aid
shall  pay, to each Illinois hospital that provided more than
20,000 Medicaid inpatient days of care  during  State  fiscal
year  2001  (except for hospitals that qualify for adjustment
payments  under  Section  5-5.02  for  the  12-month   period
beginning  on  October  1,  2002),  $190  for  each  Medicaid
inpatient  day  of  care  provided during that fiscal year. A
hospital that provided less than  30,000  Medicaid  inpatient
days  of care during that period, however, is not entitled to
receive more than $3,500,000 per year in such payments.
    (c)  Medicaid inpatient utilization rate  adjustment.  In
addition  to  rates paid for inpatient hospital services, the
Department of Public Aid shall  pay  each  Illinois  hospital
(except  for  hospitals  described in Section 5A-3), for each
Medicaid inpatient day of care provided during  State  fiscal
year   2001,  an  amount  equal  to  the  product  of  $57.25
multiplied by the quotient of 1 divided  by  the  greater  of
1.6%  or  the  hospital's Medicaid inpatient utilization rate
(as used to determine  eligibility  for  adjustment  payments
under  Section  5-5.02  for  the 12-month period beginning on
October 1, 2002). The total payments under this subsection to
a hospital may not exceed $10,500,000 annually.
    (d)  Psychiatric base rate adjustment.
         (1)  In  addition  to  rates  paid   for   inpatient
    psychiatric  services, the Department of Public Aid shall
    pay each Illinois general  acute  care  hospital  with  a
    distinct   part-psychiatric   unit,   for  each  Medicaid
    inpatient psychiatric  day  of  care  provided  in  State
    fiscal  year  2001,  an  amount  equal  to  $400 less the
    hospital's   per-diem   rate   for   Medicaid   inpatient
    psychiatric services as in effect on October 1, 2003.  In
    no event, however, shall that amount be less than zero.
         (2)  For distinct part-psychiatric units of Illinois
    general  acute  care  hospitals, except for all hospitals
    excluded in Section 5A-3, whose inpatient  per-diem  rate
    as in effect on October 1, 2003 is greater than $400, the
    Department  shall  pay,  in addition to any other amounts
    authorized  under  this  Code,  $25  for  each   Medicaid
    inpatient  psychiatric  day  of  care  provided  in State
    fiscal year 2001.
    (e)  Supplemental tertiary care adjustment.  In  addition
to  rates  paid  for  inpatient  services,  the Department of
Public Aid 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  2003,   a
supplemental  tertiary  care  adjustment payment equal to the
tertiary care adjustment payment required under 89 Ill.  Adm.
Code 148.296, as in effect for State fiscal year 2003.
    (f)  Medicaid  outpatient utilization rate adjustment. In
addition to rates paid for outpatient hospital services,  the
Department  of  Public  Aid  shall pay each Illinois hospital
(except for hospitals described in Section 5A-3),  an  amount
equal  to  the  product of 2.45% multiplied by the hospital's
Medicaid outpatient charges multiplied by the quotient  of  1
divided  by  the  greater  of 1.6% or the hospital's Medicaid
outpatient utilization rate. The total  payments  under  this
subsection to a hospital may not exceed $6,750,000 annually.
    For purposes of this subsection:
    "Medicaid  outpatient  charges"  means  the  charges  for
outpatient  services  provided to Medicaid patients for State
fiscal year 2001 as submitted by the hospital  on  the  UB-92
billing  form  or  under the ambulatory procedure listing and
adjudicated by the Department of  Public  Aid  on  or  before
September 12, 2003.
    "Medicaid  outpatient utilization rate" means a fraction,
the numerator of which is the hospital's Medicaid  outpatient
charges  and  the denominator of which is the total number of
the  hospital's  charges  for  outpatient  services  for  the
hospital's fiscal year ending in 2001.
    (g)  State outpatient service adjustment. In addition  to
rates  paid  for outpatient hospital services, the Department
of Public Aid shall pay  each  Illinois  hospital  an  amount
equal  to  the  product of 75.5% multiplied by the hospital's
Medicaid outpatient services submitted to the  Department  on
the  UB-92 billing form for State fiscal year 2001 multiplied
by the hospital's outpatient access fraction.
    For  purposes  of  this  subsection,  "outpatient  access
fraction" means a fraction, the numerator  of  which  is  the
hospital's  Medicaid  payments  for  outpatient  services for
ambulatory  procedure  listing  services  submitted  to   the
Department  on  the  UB-92 billing form for State fiscal year
2001, and the denominator of which is the hospital's Medicaid
outpatient services submitted to the Department on the  UB-92
billing form for State fiscal year 2001.
    The  total  payments  under this subsection to a hospital
may not exceed $3,000,000 annually.
    (h)  Rural hospital outpatient adjustment. In addition to
rates paid for outpatient hospital services,  the  Department
of  Public  Aid  shall  pay  each  Illinois rural hospital an
amount equal to the product of $14,500,000 multiplied by  the
rural hospital outpatient adjustment fraction.
    For   purposes   of   this  subsection,  "rural  hospital
outpatient  adjustment  fraction"  means  a   fraction,   the
numerator  of  which  is  the  hospital's Medicaid visits for
outpatient services for ambulatory procedure listing services
submitted to the Department on the  UB-92  billing  form  for
State  fiscal  year 2001, and the denominator of which is the
total Medicaid visits for outpatient services for  ambulatory
procedure  listing  services for all Illinois rural hospitals
submitted to the Department on the  UB-92  billing  form  for
State fiscal year 2001.
    For purposes of this subsection, "rural hospital" has the
same  meaning as in 89 Ill. Adm. Code 148.25, as in effect on
September 30, 2003.
    (i)  Merged/closed hospital adjustment. If  any  hospital
files  a  combined Medicaid cost report with another hospital
after January 1, 2001,  and  if  that  hospital  subsequently
closes,  then except for the payments described in subsection
(e), all payments described in  the  various  subsections  of
this  Section  shall,  before  the  application of the annual
limitation amount  specified  in  each  such  subsection,  be
multiplied  by  a  fraction,  the  numerator  of which is the
number of occupied bed days attributable to the open hospital
and the denominator of which is the  sum  of  the  number  of
occupied  bed  days  of  each  open  hospital and each closed
hospital. For purposes  of  this  subsection,  "occupied  bed
days"  has  the  same  meaning  as  the  term  is  defined in
subsection (a) of Section 5A-2.
    (j)  For purposes of this Section,  the  terms  "Medicaid
days",  "Medicaid  charges",  and  "Medicaid services" do not
include any days, charges, or services for which Medicare was
liable for payment.
    (k)  As  provided  in  Section  5A-14,  this  Section  is
repealed on July 1, 2005.

    (305 ILCS 5/5A-13 new)
    Sec.  5A-13.  Emergency  rulemaking.  The  Department  of
Public Aid  may  adopt  rules  necessary  to  implement  this
amendatory  Act  of the 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 93rd General
Assembly is deemed an emergency and necessary for the  public
interest, safety, and welfare.

    (305 ILCS 5/5A-14 new)
    Sec. 5A-14. Repeal of assessments and disbursements.
    (a)  Section 5A-2 is repealed on July 1, 2005.
    (b)  Section 5A-12 is repealed on July 1, 2005.

    (305 ILCS 5/14-1) (from Ch. 23, par. 14-1)
    Sec. 14-1.  Definitions.  As used in this Article, unless
the context requires otherwise:
    "Fund" means the Hospital Services Trust Fund.
    "Estimated  Rate  Year  Utilization" means the hospital's
projected utilization for the State fiscal year in which  the
fee is due (for example, fiscal year 1992 for fees imposed in
State  fiscal year 1992, fiscal year 1993 for fees imposed in
State fiscal year 1993, and so forth).
    "Gross Receipts" means all payments for medical  services
delivered  under  Title  XIX  of  the Social Security Act and
Articles V, VI, and VII of this Code and shall mean  any  and
all  payments  made by the Illinois Department, or a Division
thereof, to a Medical Assistance Program  provider  certified
to  participate  in  the Illinois Medical Assistance Program,
for services rendered eligible for Medical  Assistance  under
Articles  V,  VI  and VII of this Code, State regulations and
the federal Medicaid Program as defined in Title XIX  of  the
Social Security Act and federal regulations.
    "Hospital"  means  any  institution,  place, building, or
agency, public or private, whether organized  for  profit  or
not-for-profit,  which is located in the State and is subject
to licensure by the  Illinois  Department  of  Public  Health
under  the  Hospital Licensing Act or any institution, place,
building, or agency, public or private, whether organized for
profit  or  not-for-profit,  which   meets   all   comparable
conditions  and requirements of the Hospital Licensing Act in
effect for the state in which it is located, and is  required
to submit cost reports to the Illinois Department under Title
89,  Part 148, of the Illinois Administrative Code, but shall
not include the University of Illinois Hospital as defined in
the University of Illinois Hospital Act or a county  hospital
in a county of over 3 million population.
    "Total  Medicaid Base Year Spending" means the hospital's
State fiscal year 1991 weighted  average  payment  rates,  as
defined  by  rule, excluding payments under Section 5-5.02 of
this Code, reduced by 5% and  multiplied  by  the  hospital's
estimated rate year utilization.
(Source: P.A. 87-13.)

    (305 ILCS 5/Art. V-D rep.)
    (305 ILCS 5/14-2 rep.)
    (305 ILCS 5/14-3 rep.)
    (305 ILCS 5/14-4 rep.)
    (305 ILCS 5/14-5 rep.)
    (305 ILCS 5/14-6 rep.)
    (305 ILCS 5/14-7 rep.)
    (305 ILCS 5/14-9 rep.)
    (305 ILCS 5/14-10 rep.)
    Section  11.  The  Illinois Public Aid Code is amended by
repealing Article V-D and Sections 14-2,  14-3,  14-4,  14-5,
14-6, 14-7, 14-9, and 14-10.

    Section  99.  Effective date.  This Act takes effect upon
becoming law.