101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0371

 

Introduced , by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/5-5.01a

    Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning supportive living facilities.


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A BILL FOR

 

HB0371LRB101 03529 KTG 48537 b

1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5changing Section 5-5.01a as follows:
 
6    (305 ILCS 5/5-5.01a)
7    Sec. 5-5.01a. Supportive living facilities program.
8    (a) The The Department shall establish and provide
9oversight for a program of supportive living facilities that
10seek to promote resident independence, dignity, respect, and
11well-being in the most cost-effective manner.
12    A supportive living facility is (i) a free-standing
13facility or (ii) a distinct physical and operational entity
14within a mixed-use building that meets the criteria established
15in subsection (d). A supportive living facility integrates
16housing with health, personal care, and supportive services and
17is a designated setting that offers residents their own
18separate, private, and distinct living units.
19    Sites for the operation of the program shall be selected by
20the Department based upon criteria that may include the need
21for services in a geographic area, the availability of funding,
22and the site's ability to meet the standards.
23    (b) Beginning July 1, 2014, subject to federal approval,

 

 

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1the Medicaid rates for supportive living facilities shall be
2equal to the supportive living facility Medicaid rate effective
3on June 30, 2014 increased by 8.85%. Once the assessment
4imposed at Article V-G of this Code is determined to be a
5permissible tax under Title XIX of the Social Security Act, the
6Department shall increase the Medicaid rates for supportive
7living facilities effective on July 1, 2014 by 9.09%. The
8Department shall apply this increase retroactively to coincide
9with the imposition of the assessment in Article V-G of this
10Code in accordance with the approval for federal financial
11participation by the Centers for Medicare and Medicaid
12Services.
13    The Medicaid rates for supportive living facilities
14effective on July 1, 2017 must be equal to the rates in effect
15for supportive living facilities on June 30, 2017 increased by
162.8%.
17    The Medicaid rates for supportive living facilities
18effective on July 1, 2018 must be equal to the rates in effect
19for supportive living facilities on June 30, 2018.
20    (c) The Department may adopt rules to implement this
21Section. Rules that establish or modify the services,
22standards, and conditions for participation in the program
23shall be adopted by the Department in consultation with the
24Department on Aging, the Department of Rehabilitation
25Services, and the Department of Mental Health and Developmental
26Disabilities (or their successor agencies).

 

 

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1    (d) Subject to federal approval by the Centers for Medicare
2and Medicaid Services, the Department shall accept for
3consideration of certification under the program any
4application for a site or building where distinct parts of the
5site or building are designated for purposes other than the
6provision of supportive living services, but only if:
7        (1) those distinct parts of the site or building are
8    not designated for the purpose of providing assisted living
9    services as required under the Assisted Living and Shared
10    Housing Act;
11        (2) those distinct parts of the site or building are
12    completely separate from the part of the building used for
13    the provision of supportive living program services,
14    including separate entrances;
15        (3) those distinct parts of the site or building do not
16    share any common spaces with the part of the building used
17    for the provision of supportive living program services;
18    and
19        (4) those distinct parts of the site or building do not
20    share staffing with the part of the building used for the
21    provision of supportive living program services.
22    (e) Facilities or distinct parts of facilities which are
23selected as supportive living facilities and are in good
24standing with the Department's rules are exempt from the
25provisions of the Nursing Home Care Act and the Illinois Health
26Facilities Planning Act.

 

 

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1(Source: P.A. 100-23, eff. 7-6-17; 100-583, eff. 4-6-18;
2100-587, eff. 6-4-18.)