Illinois General Assembly - Bill Status for SB 26

Amends the Medical Assistance Article of the Illinois Public Aid Code. Beginning January 1, 2014, extends benefits under the State's medical assistance program to persons aged 19 or older, but younger than 65, who are not otherwise eligible for medical assistance under the Code, who qualify for medical assistance under specified provisions of the Social Security Act, and who have income at or below 133% of the federal poverty level plus 5% for the applicable family size. Provides that the 4-year moratorium on the expansion of medical assistance eligibility through increasing financial eligibility standards shall not apply to this new class of persons. Provides that such persons shall receive coverage for the Health Benefits Service Package. Defines "Health Benefits Service Package". Provides that if Illinois' federal medical assistance percentage (FMAP) is reduced below 90% for persons eligible for medical assistance under the specified provisions, medical assistance eligibility for this new class of persons shall cease no later than the end of the third month following the month in which the reduction in FMAP takes effect. Effective immediately.

Amends the Hospital Provider Funding Article of the Illinois Public Aid Code. Provides that an annual assessment on outpatient services shall be imposed on each hospital provider in a specified amount for the portion of State fiscal year 2012, beginning June 10, 2012 through June 30, 2012, and for State fiscal years 2013 through 2014, and July 1, 2014 through December 31, 2014 (rather than for State fiscal years 2013 through 2014, and July 1, 2014 through December 31, 2014). Provides that for the period beginning June 10, 2012 through June 30, 2012, the annual assessment on outpatient services shall be prorated by multiplying the assessment amount by a fraction, the numerator of which is 21 days and the denominator of which is 365 days. Provides that for the portion of State fiscal year 2012, beginning June 10, 2012 through June 30, 2012, and State fiscal years 2013 through 2014, and July 1, 2014 through December 31, 2014 (rather than for State fiscal years 2013 through 2014, and July 1, 2014 through December 31, 2014), a hospital's outpatient gross revenue shall be determined using the most recent data available from each hospital's 2009 Medicare cost report as contained in the Healthcare Cost Report Information System file, for the quarter ending on June 30, 2011, without regard to any subsequent adjustments or changes to such data. Provides that certain assessments on outpatient services for the portion of State fiscal year 2012 beginning June 10, 2012 through June 30, 2012, and for State fiscal year 2013 and each subsequent State fiscal year (rather than for State fiscal year 2013 and each subsequent State fiscal year) shall be due and payable in monthly installments, each equaling one-twelfth of the assessment for the year, on the 14th State business day of each month. In a provision concerning disbursements from the Hospital Provider Fund, provides that moneys shall be disbursed from the Fund for State fiscal year 2013, for the purpose of increasing by 21/365ths the transfer of the moneys resulting from the assessment for outpatient services and received from hospital providers for the portion of State fiscal year 2012 beginning June 10, 2012 through June 30, 2012 and transferred into the Hospital Provider Fund to the Health Care Provider Relief Fund not exceeding $2,870,000 in that State fiscal year. Makes other changes.

In a provision concerning assessments imposed on hospital providers that did not conduct, operate, or maintain a hospital in 2005, provides that for State fiscal years 2009 through 2015 (rather than for State fiscal years 2009 through 2014) 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 Department of Healthcare and Family Services. Restores language concerning monetary transfers from the Hospital Provider Fund to other specified funds in State fiscal years 2013 and 2014 in each State fiscal year during which an annual assessment for inpatient services is imposed. Provides that for State fiscal year 2013, hospital access improvement payments shall be increased by 21/365ths; and that the funding source for these additional payments shall be from a specific increased assessment on outpatient services that was received from hospital providers for the portion of State fiscal year 2012 beginning June 10, 2012 through June 30, 2012. Removes language requiring the Department of Healthcare and Family Services to submit a State Medicaid Plan Amendment to the Centers for Medicare and Medicaid Services to implement certain payments within 30 days of June 14, 2012 and instead provides that the Department of Healthcare and Family Services must submit a State Medicaid Plan Amendment to the Centers for Medicare and Medicaid Services to implement certain payments.

Replaces everything after the enacting clause. Amends the Illinois Insurance Code. Provides that a policy of accident and health insurance that provides coverage for early intervention services must conform to the following criteria: the use of private health insurance to pay for early intervention services under Part C of the federal Individuals with Disabilities Education Act may not (1) count towards or result in a loss of benefits due to annual or lifetime insurance caps for, (2) negatively affect the availability of health insurance to, or (3) be the basis for increasing the health insurance premiums of an infant or toddler with a disability, the infant's or toddler's parent, or the infant's or toddler's family members covered under that health insurance policy. Amends the Early Intervention Services System Act. Adds nursing services, nutrition services, and sign language and cued language services to the list of services included in the definition of "early intervention services". Provides that, before adopting any new policy or procedure needed to comply with certain provisions under the Individuals with Disabilities Education Act, the Department of Human Services must hold public hearings on the new policy or procedure, provide notice of the hearings at least 30 days before the hearings are conducted, and provide an opportunity for the general public, including individuals with disabilities and parents of infants and toddlers with disabilities, early intervention providers, and other specified persons to comment for at least 30 days on the new policy or procedure. Provides that the statewide system for early intervention services and programs shall include a central directory which includes public and private early intervention services (rather than early intervention services), resources, and experts available in this State, professional and other groups that provide assistance to infants and toddlers with disabilities and their families, and research and demonstration projects being conducted in this State (rather than early intervention research and demonstration projects) relating to infants and toddlers with disabilities. Makes changes to provisions concerning criminal background checks; the timeline for the initial evaluation and assessment of a child and his or her family under the individualized family service plan; and other matters. Repeals a provision requiring the Early Intervention Legislative Advisory Committee to convene for a period of 4 years no later than 60 days after August 9, 2001. Effective immediately.

In the Specialized Mental Health Rehabilitation Act of 2013, created under House Amendment No.1, makes the following changes: (i) defines "abuse" to mean any physical or mental injury or sexual assault inflicted on a consumer other than by accidental means in a facility; defines "identified offender"; (ii) provides that the Department of Public Health is empowered to promulgate any rules necessary to ensure proper implementation and administration of the Act; adds provisions concerning screening prior to admission and criminal history reports; (iii) provides that informed consent shall be required for restraints consistent with the requirements contained in the Nursing Home Care Act; (iv) in a provision concerning abuse or neglect, provides that it is the duty of any facility employee or agent who becomes aware of such abuse or neglect to report it "to the Department within 24 hours"; (v) changes all references to "triage" and "triage units" to "triage center" and provides that consumers shall be free to leave a triage center at any time; if a consumer in a triage center expresses a desire to contact a third party for any purpose, the facility staff shall contact that third party on behalf of the consumer; (vi) provides that the Department shall by rule establish criteria, hearings, and procedures for involuntary discharge; (vii) adds provisions providing that (a) no consumer shall be subjected to experimental research or treatment without first obtaining his or her informed, written consent; (b) no facility shall permit experimental research or treatment to be conducted on a consumer, or give access to any person or person's records for a retrospective study about the safety or efficacy of any care or treatment, without the prior written approval of the institutional review board; and (c) the institutional review board may exempt from ongoing review research or treatment initiated on a consumer before the individual's admission to a facility and for which the board determines there is adequate ongoing oversight by another institutional review board. In a provision concerning surveys and inspections, provides that the Department shall conduct surveys (rather than scheduled surveys) to determine compliance and may conduct surveys (rather than unscheduled surveys) to investigate complaints; provides that the Department shall review the records or premises, or both, as it deems appropriate for the purpose of determining compliance with this Act and the rules promulgated under the Act (rather than with the Act only); and that the Department shall have access to and may reproduce or photocopy any books, records, and other documents maintained by the facility to the extent necessary to carry out this Act and the rules promulgated under the Act. Provides that notwithstanding the existence or pursuit of any other remedy, the Department Director may, in the manner provider by law, upon the advice of the Attorney General who shall represent the Department Director in the proceedings, maintain an action in the name of the State for injunction or other process against any person or governmental unit to restrain or prevent the establishment of a facility without a license issued pursuant to the Act, or to restrain or prevent the opening, conduction, operating, or maintaining of a facility without a license issued pursuant to the Act. Changes references to "standards" to "Act and the rules promulgated under this Act". Makes other technical changes. Further amends the Illinois Public Aid Code. Provides that facilities uniquely licensed as pediatric skilled nursing facilities that serve severely and chronically ill pediatric patients shall have a specific reimbursement system designed to recognize the characteristics and needs of the patients they serve. Provides that for dates of services starting July 1, 2013 and until a new reimbursement system is designed, pediatric skilled nursing facilities that (1) serve exceptional care patients and (2) have 30% or more of their patients receiving ventilator care shall receive Medicaid reimbursement on a 30-day expedited schedule. In a provision concerning expedited long-term care eligibility determination and enrollment, provides that the lead agency shall file interim reports with the Chairs and Minority Spokespersons of the House and Senate Human Services Committees no later than September 1, 2013 (rather than September 1, 2014) and on February 1, 2014 (rather than February 1, 2015). Further amends the Nursing Home Care Act. In a provision concerning inspections of nursing facilities for possible violations, provides that violations shall be determined no later than 75 (rather than 60) days after completion of each inspection, survey, and evaluation. Provides that to meet the requirement of a single survey process, the portions of the health and life safety survey associated with federal certification and State licensure surveys must be started within 7 working days of each other, with certain exceptions (rather than the federal certification and State licensure surveys and health and life safety survey must each be started within 5 working days). Deletes the provisions amending the Workers' Compensation Act.

Date	Chamber	Action
7/22/2013	Senate	Public Act . . . . . . . . . 98-0104

	Correctional Note, House Committee Amendment No. 1 (Dept of Corrections)
	There are no penalty enhancements associated with this bill. The bill would have no fiscal or population impact on the Department.

	State Debt Impact Note, House Committee Amendment No. 1 (Government Forecasting & Accountability)
	SB 26 (H-AM 1) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

	Housing Affordability Impact Note, House Committee Amendment No. 1 (Housing Development Authority)
	This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

	Judicial Note, House Committee Amendment No. 1 (Admin Office of the Illinois Courts)
	This bill would neither increase nor decrease the number of judges needed in the State.

	Pension Note, House Committee Amendment No. 1 (Government Forecasting & Accountability)
	SB 26 (H-AM 1) will not impact any public pension fund or retirement system in Illinois.

	Home Rule Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
	This bill does not pre-empt home rule authority.

	State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
	This bill does not create a State mandate.

	Land Conveyance Appraisal Note, House Committee Amendment No. 1 (Dept. of Transportation)
	No land conveyances are included in this bill; therefore, there are no appraisals to be filed.

	Fiscal Note, House Committee Amendment No. 1 (Dept. of Healthcare & Family Services)
	The Department of Healthcare and Family Services estimates the provisions of SB 26 (H-AM 1) will result in $234.7 million gross expenses assuming federal match. The bill will result in no new net State costs due to 100% federal match on the Medicaid expansion and other savings/revenue items contained in the bill.

	Balanced Budget Note, House Committee Amendment No. 1 (Office of Management and Budget)
	The Department of Healthcare and Family Services estimates that SB 26 (H-AM 1) will have a gross cost of $234.7 million during fiscal year 2014. Because the ACA provides for 100% federal match for the eligibility expansion, and the bill includes additional savings and revenue measures, Illinois will bear no net State cost.

	Adds reference to:
	305 ILCS 5/5A-2	from Ch. 23, par. 5A-2

	Adds reference to:
	New Act

	Deletes reference to:
	820 ILCS 305/6	from Ch. 48, par. 138.6

	Land Conveyance Appraisal Note, House Floor Amendment No. 2 (Dept. of Transportation)
	No land conveyances are included in this bill; therefore, there are no appraisals to be filed.

	State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability)
	SB 26 (H-AM 2) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

	State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
	This bill does not create a State mandate.

	Home Rule Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
	This bill does not pre-empt home rule authority.

	Correctional Note, House Floor Amendment No. 2 (Dept of Corrections)
	There are no penalty enhancements associated with this bill. The bill would have no fiscal or population impact on the Department.

	Fiscal Note, House Floor Amendment No. 2 (Dept. of Healthcare & Family Services)
	The Department of Healthcare and Family Services estimates the provisions of SB 26 (H-AM 2) will result in $4.8 million gross expenses, with $2.4 million net State cost.

	Fiscal Note, House Floor Amendment No. 3 (Dept. of Healthcare & Family Services)
	The Department of Healthcare and Family Services estimates the provisions of SB 26 (H-AM 3) will result in no additional cost to the Department.

	Judicial Note, House Floor Amendment No. 2 (Admin Office of the Illinois Courts)
	This bill would neither increase nor decrease the number of judges needed in the State.

	Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability)
	SB 26 (H-AM 2) will not impact any public pension fund or retirement system in Illinois.

	Pension Note, House Floor Amendment No. 3 (Government Forecasting & Accountability)
	SB 26 (H-AM 3) will not impact any public pension fund or retirement system in Illinois.

	State Debt Impact Note, House Floor Amendment No. 3 (Government Forecasting & Accountability)
	SB 26 (H-AM 3) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

	Balanced Budget Note, House Floor Amendment No. 2 (Office of Management and Budget)
	SB 26 (H-AM 2) increases net State costs by $2.4 million.

	Pension Note, House Floor Amendment No. 4 (Government Forecasting & Accountability)
	SB 26 (H-AM 4) will not impact any public pension fund or retirement system in Illinois.

	State Debt Impact Note, House Floor Amendment No. 4 (Government Forecasting & Accountability)
	SB 26 (H-AM 4) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.