Human Services Committee

Filed: 3/4/2009

 

 


 

 


 
09600HB0416ham001 LRB096 03643 DRJ 22701 a

1
AMENDMENT TO HOUSE BILL 416

2     AMENDMENT NO. ______. Amend House Bill 416 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Public Aid Code is amended by
5 changing 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 for a State
9 fiscal year shall be due and payable in quarterly installments,
10 each equalling one-fourth of the assessment for the year, on
11 September 30, December 31, March 31, and June 30 of the year.
12 The Illinois Department may provide that county nursing homes
13 directed and maintained pursuant to Section 5-1005 of the
14 Counties Code may meet their assessment obligation by
15 certifying to the Illinois Department that county expenditures
16 have been obligated for the operation of the county nursing

 

 

09600HB0416ham001 - 2 - LRB096 03643 DRJ 22701 a

1 home in an amount at least equal to the amount of the
2 assessment.
3     (b) The Illinois Department is authorized to establish
4 delayed payment schedules for long-term care providers that are
5 unable to make installment payments when due under this Section
6 due to financial difficulties, as determined by the Illinois
7 Department.
8     (c) If a long-term care provider fails to pay the full
9 amount of an installment when due (including any extensions
10 granted under subsection (b)), there shall, unless waived by
11 the Illinois Department for reasonable cause, be added to the
12 assessment imposed by Section 5B-2 for the State fiscal year a
13 penalty assessment equal to the lesser of (i) 5% of the amount
14 of the installment not paid on or before the due date plus 5%
15 of the portion thereof remaining unpaid on the last day of each
16 month thereafter or (ii) 100% of the installment amount not
17 paid on or before the due date. For purposes of this
18 subsection, payments will be credited first to unpaid
19 installment amounts (rather than to penalty or interest),
20 beginning with the most delinquent installments. Payment
21 cycles of longer than 60 days shall be one factor the Director
22 takes into account in granting a waiver under this Section.
23     (d) Nothing in this amendatory Act of 1993 shall be
24 construed to prevent the Illinois Department from collecting
25 all amounts due under this Article pursuant to an assessment
26 imposed before the effective date of this amendatory Act of

 

 

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1 1993.
2 (Source: P.A. 87-861; 88-88.)
 
3     Section 99. Effective date. This Act takes effect upon
4 becoming law.".