Rep. Elgie R. Sims, Jr.

Filed: 4/27/2017





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2    AMENDMENT NO. ______. Amend House Bill 173 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Public Aid Code is amended by
5changing Section 5B-4 as follows:
6    (305 ILCS 5/5B-4)  (from Ch. 23, par. 5B-4)
7    Sec. 5B-4. Payment of assessment; penalty.
8    (a) The assessment imposed by Section 5B-2 shall be due and
9payable monthly, on the last State business day of the month
10for occupied bed days reported for the preceding third month
11prior to the month in which the tax is payable and due, except
12as described by the criteria in subsection (b). A facility that
13has delayed payment due to the State's failure to reimburse for
14services rendered may request an extension on the due date for
15payment pursuant to subsection (b) and shall pay the assessment
16within 30 days of reimbursement by the Department. The Illinois



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1Department may provide that county nursing homes directed and
2maintained pursuant to Section 5-1005 of the Counties Code may
3meet their assessment obligation by certifying to the Illinois
4Department that county expenditures have been obligated for the
5operation of the county nursing home in an amount at least
6equal to the amount of the assessment.
7    (a-5) The Illinois Department shall provide for an
8electronic submission process for each long-term care facility
9to report at a minimum the number of occupied bed days of the
10long-term care facility for the reporting period and other
11reasonable information the Illinois Department requires for
12the administration of its responsibilities under this Code.
13Beginning July 1, 2013, a separate electronic submission shall
14be completed for each long-term care facility in this State
15operated by a long-term care provider. The Illinois Department
16shall prepare an assessment bill stating the amount due and
17payable each month and submit it to each long-term care
18facility via an electronic process. Each assessment payment
19shall be accompanied by a copy of the assessment bill sent to
20the long-term care facility by the Illinois Department. To the
21extent practicable, the Department shall coordinate the
22assessment reporting requirements with other reporting
23required of long-term care facilities.
24    (b) Delay of payment.
25        (1) Nonpayment delay. Payments of assessments shall be
26    automatically delayed for any month for which payment for



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1    all Medicaid bed days has not been received by a facility
2    from the Department, a Medicaid managed care organization,
3    or any entity authorized by the Department to make payments
4    on its behalf until at least 30 days have elapsed since the
5    receipt of payment. The Department shall establish, by
6    rule, a process for the determination of delayed payment
7    dates that shall include, at a minimum, notice
8    requirements, but shall not require the facility to apply
9    and be approved for a delay of payment due to nonpayment
10    nor shall any other criteria for the delay be imposed.
11        (2) Hardship deferral. The Illinois Department is
12    authorized to establish delayed payment schedules for
13    long-term care providers that are unable to make assessment
14    payments when due under this Section due to financial
15    difficulties, based on criteria established as determined
16    by the Illinois Department. The Illinois Department may not
17    deny a request for delay of payment of the assessment
18    imposed under this Article if the long-term care provider
19    has not been paid for services provided during the month on
20    which the assessment is levied.
21    (c) If a long-term care provider fails to pay the full
22amount of an assessment payment when due (including any
23extensions granted under subsection (b)), there shall, unless
24waived by the Illinois Department for reasonable cause, be
25added to the assessment imposed by Section 5B-2 a penalty
26assessment equal to the lesser of (i) 5% of the amount of the



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1assessment payment not paid on or before the due date plus 5%
2of the portion thereof remaining unpaid on the last day of each
3month thereafter or (ii) 100% of the assessment payment amount
4not paid on or before the due date. For purposes of this
5subsection, payments will be credited first to unpaid
6assessment payment amounts (rather than to penalty or
7interest), beginning with the most delinquent assessment
8payments. Payment cycles of longer than 60 days shall be one
9factor the Director takes into account in granting a waiver
10under this Section.
11    (c-5) If a long-term care facility fails to file its
12assessment bill with payment, there shall, unless waived by the
13Illinois Department for reasonable cause, be added to the
14assessment due a penalty assessment equal to 25% of the
15assessment due. After July 1, 2013, no penalty shall be
16assessed under this Section if the Illinois Department does not
17provide a process for the electronic submission of the
18information required by subsection (a-5).
19    (d) Nothing in this amendatory Act of 1993 shall be
20construed to prevent the Illinois Department from collecting
21all amounts due under this Article pursuant to an assessment
22imposed before the effective date of this amendatory Act of
24    (e) Nothing in this amendatory Act of the 96th General
25Assembly shall be construed to prevent the Illinois Department
26from collecting all amounts due under this Code pursuant to an



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1assessment, tax, fee, or penalty imposed before the effective
2date of this amendatory Act of the 96th General Assembly.
3    (f) No installment of the assessment imposed by Section
45B-2 shall be due and payable until after the Department
5notifies the long-term care providers, in writing, that the
6payment methodologies to long-term care providers required
7under Section 5-5.4 of this Code have been approved by the
8Centers for Medicare and Medicaid Services of the U.S.
9Department of Health and Human Services and the waivers under
1042 CFR 433.68 for the assessment imposed by this Section, if
11necessary, have been granted by the Centers for Medicare and
12Medicaid Services of the U.S. Department of Health and Human
13Services. Upon notification to the Department of approval of
14the payment methodologies required under Section 5-5.4 of this
15Code and the waivers granted under 42 CFR 433.68, all
16installments otherwise due under Section 5B-4 prior to the date
17of notification shall be due and payable to the Department upon
18written direction from the Department within 90 days after
19issuance by the Comptroller of the payments required under
20Section 5-5.4 of this Code.
21(Source: P.A. 96-444, eff. 8-14-09; 96-1530, eff. 2-16-11;
2297-10, eff. 6-14-11; 97-403, eff. 1-1-12; 97-584, eff. 8-26-11;
2397-813, eff. 7-13-12.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.".