HB0758 Engrossed LRB096 05736 JAM 15806 b

1     AN ACT concerning State government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Mental Health and Developmental
5 Disabilities Administrative Act is amended by changing
6 Sections 18.4 and 18.5 as follows:
 
7     (20 ILCS 1705/18.4)
8     Sec. 18.4. Community Mental Health Medicaid Trust Fund;
9 reimbursement.
10     (a) The Community Mental Health Medicaid Trust Fund is
11 hereby created in the State Treasury.
12     (b) Amounts paid to the State during each State fiscal year
13 by the federal government under Title XIX or Title XXI of the
14 Social Security Act for services delivered by community mental
15 health providers, and any interest earned thereon, shall be
16 deposited 100% into the Community Mental Health Medicaid Trust
17 Fund. Not more than $4,500,000 of the Community Mental Health
18 Medicaid Trust Fund may be used by the Department of Human
19 Services' Division of Mental Health for oversight and
20 administration of community mental health services, and of that
21 amount no more than $1,000,000 may be used for the support of
22 community mental health service initiatives. The remainder
23 shall be used for the purchase of community mental health

 

 

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1 services. as follows:
2         (1) The first $75,000,000 shall be deposited directly
3     into the Community Mental Health Medicaid Trust Fund to be
4     used for the purchase of community mental health services;
5         (2) The next $4,500,000 shall be deposited directly
6     into the Community Mental Health Medicaid Trust Fund to be
7     used by the Department of Human Services' Division of
8     Mental Health for the oversight and administration of
9     community mental health services and up to $1,000,000 of
10     this amount may be used for support of community mental
11     health service initiatives;
12         (3) The next $3,500,000 shall be deposited directly
13     into the General Revenue Fund;
14         (4) Any additional amounts shall be deposited into the
15     Community Mental Health Medicaid Trust Fund to be used for
16     the purchase of community mental health services.
17     (c) The Department shall reimburse community mental health
18 providers for services provided to eligible individuals.
19 Moneys in the Community Mental Health Medicaid Trust Fund may
20 be used for that purpose.
21     (c-5) The Community Mental Health Medicaid Trust Fund is
22 not subject to administrative charge-backs.
23     (c-10) The Department of Human Services shall annually
24 report to the Governor and the General Assembly, by September
25 1, on both the total revenue deposited into the Trust Fund and
26 the total expenditures made from the Trust Fund for the

 

 

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1 previous fiscal year. This report shall include detailed
2 descriptions of both revenues and expenditures regarding the
3 Trust Fund from the previous fiscal year. This report shall be
4 presented by the Secretary of Human Services to the appropriate
5 Appropriations Committee in the House of Representatives, as
6 determined by the Speaker of the House, and in the Senate, as
7 determined by the President of the Senate. This report shall be
8 made available to the public and shall be published on the
9 Department of Human Services' website in an appropriate
10 location, a minimum of one week prior to presentation of the
11 report to the General Assembly.
12     (d) As used in this Section:
13     "Trust Fund" means the Community Mental Health Medicaid
14 Trust Fund.
15     "Community mental health provider" means a community
16 agency that is funded by the Department to provide a service.
17     "Service" means a mental health service provided pursuant
18 to the provisions of administrative rules adopted by the
19 Department and funded by the Department of Human Services'
20 Division of Mental Health.
21 (Source: P.A. 94-58, eff. 6-17-05; 94-839, eff. 6-6-06; 95-707,
22 eff. 1-11-08.)
 
23     (20 ILCS 1705/18.5)
24     Sec. 18.5. Community Developmental Disability Services
25 Medicaid Trust Fund; reimbursement.

 

 

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1     (a) The Community Developmental Disability Services
2 Medicaid Trust Fund is hereby created in the State treasury.
3     (b) Except as provided in subsection (b-5), any funds in
4 excess of $16,700,000 in any fiscal year paid to the State by
5 the federal government under Title XIX or Title XXI of the
6 Social Security Act for services delivered by community
7 developmental disability services providers for services
8 relating to Developmental Training and Community Integrated
9 Living Arrangements as a result of the conversion of such
10 providers from a grant payment methodology to a fee-for-service
11 payment methodology, or any other funds paid to the State for
12 any subsequent revenue maximization initiatives performed by
13 such providers, and any interest earned thereon, shall be
14 deposited directly into the Community Developmental Disability
15 Services Medicaid Trust Fund. One-third of this amount shall be
16 used only to pay for Medicaid-reimbursed community
17 developmental disability services provided to eligible
18 individuals, and the remainder shall be transferred to the
19 General Revenue Fund.
20     (b-5) Beginning in State fiscal year 2008, any funds paid
21 to the State by the federal government under Title XIX or Title
22 XXI of the Social Security Act for services delivered through
23 the Children's Residential Waiver and the Children's In-Home
24 Support Waiver shall be deposited directly into the Community
25 Developmental Disability Services Medicaid Trust Fund and
26 shall not be subject to the transfer provisions of subsection

 

 

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1 (b).
2     (b-10) The Community Developmental Disability Services
3 Medicaid Trust Fund is not subject to administrative
4 charge-backs.
5     (b-15) The Department of Human Services shall annually
6 report to the Governor and the General Assembly, by September
7 1, on both the total revenue deposited into the Trust Fund and
8 the total expenditures made from the Trust Fund for the
9 previous fiscal year. This report shall include detailed
10 descriptions of both revenues and expenditures regarding the
11 Trust Fund from the previous fiscal year. This report shall be
12 presented by the Secretary of Human Services to the appropriate
13 Appropriations Committee in the House of Representatives, as
14 determined by the Speaker of the House, and in the Senate, as
15 determined by the President of the Senate. This report shall be
16 made available to the public and shall be published on the
17 Department of Human Services' website in an appropriate
18 location, a minimum of one week prior to presentation of the
19 report to the General Assembly.
20     (c) For purposes of this Section:
21     "Trust Fund" means the Community Developmental Disability
22 Services Medicaid Trust Fund.
23     "Medicaid-reimbursed developmental disability services"
24 means services provided by a community developmental
25 disability provider under an agreement with the Department that
26 is eligible for reimbursement under the federal Title XIX

 

 

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1 program or Title XXI program.
2     "Provider" means a qualified entity as defined in the
3 State's Home and Community-Based Services Waiver for Persons
4 with Developmental Disabilities that is funded by the
5 Department to provide a Medicaid-reimbursed service.
6     "Revenue maximization alternatives" do not include
7 increases in funds paid to the State as a result of growth in
8 spending through service expansion or rate increases.
9 (Source: P.A. 95-707, eff. 1-11-08.)
 
10     Section 99. Effective date. This Act takes effect upon
11 becoming law.