Full Text of SB3144 96th General Assembly
SB3144 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3144
Introduced 2/9/2010, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED:
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305 ILCS 5/5B-1 |
from Ch. 23, par. 5B-1 |
305 ILCS 5/5E-5 |
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Amends the Illinois Public Aid Code. Eliminates facilities licensed under the MR/DD Community Care Act from the definition of "long-term care facility" in the Long-Term Care Provider Funding Article of the Code. Eliminates facilities licensed under the MR/DD Community Care Act from the definition of "nursing home" in the Nursing Home License Fee Article of the Code. Effective immediately.
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A BILL FOR
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SB3144 |
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LRB096 18173 KTG 33548 b |
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| AN ACT concerning public aid.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Public Aid Code is amended by | | 5 |
| changing Sections 5B-1 and 5E-5 as follows:
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| (305 ILCS 5/5B-1) (from Ch. 23, par. 5B-1)
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| (Text of Section before amendment by P.A. 96-339)
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| Sec. 5B-1. Definitions. As used in this Article, unless the
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| context requires otherwise:
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| "Fund" means the Long-Term Care Provider Fund.
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| "Long-term care facility" means (i) a skilled nursing or | | 12 |
| intermediate
long term care facility, whether
public or private | | 13 |
| and whether organized for profit or
not-for-profit, that is | | 14 |
| subject to licensure by the Illinois Department
of Public | | 15 |
| Health under the Nursing Home Care Act, including a
county | | 16 |
| nursing home directed and maintained under Section
5-1005 of | | 17 |
| the Counties Code, and (ii) a part of a hospital in
which | | 18 |
| skilled or intermediate long-term care services within the
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| meaning of Title XVIII or XIX of the Social Security Act are
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| provided; except that the term "long-term care facility" does
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| not include a facility operated solely as an intermediate care
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| facility for the mentally retarded within the meaning of Title
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| XIX of the Social Security Act.
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SB3144 |
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LRB096 18173 KTG 33548 b |
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| "Long-term care provider" means (i) a person licensed
by | | 2 |
| the Department of Public Health to operate and maintain a
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| skilled nursing or intermediate long-term care facility or (ii) | | 4 |
| a hospital provider that
provides skilled or intermediate | | 5 |
| long-term care services within
the meaning of Title XVIII or | | 6 |
| XIX of the Social Security Act.
For purposes of this paragraph, | | 7 |
| "person" means any political
subdivision of the State, | | 8 |
| municipal corporation, individual,
firm, partnership, | | 9 |
| corporation, company, limited liability
company, association, | | 10 |
| joint stock association, or trust, or a
receiver, executor, | | 11 |
| trustee, guardian, or other representative
appointed by order | | 12 |
| of any court. "Hospital provider" means a
person licensed by | | 13 |
| the Department of Public Health to conduct,
operate, or | | 14 |
| maintain a hospital.
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| "Occupied bed days" shall be computed separately for
each | | 16 |
| long-term care facility operated or maintained by a long-term
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| care provider, and means the sum for all beds of the number
of | | 18 |
| days during the year on which each bed is occupied by a
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| resident (other than a resident receiving care at an | | 20 |
| intermediate
care facility for the mentally retarded within the | | 21 |
| meaning of
Title XIX of the Social Security Act).
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| "Intergovernmental transfer payment" means the payments
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| established under Section 15-3 of this Code, and includes | | 24 |
| without
limitation payments payable under that Section for | | 25 |
| July, August, and
September of 1992.
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| (Source: P.A. 87-861.)
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SB3144 |
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LRB096 18173 KTG 33548 b |
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| (Text of Section after amendment by P.A. 96-339)
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| Sec. 5B-1. Definitions. As used in this Article, unless the
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| context requires otherwise:
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| "Fund" means the Long-Term Care Provider Fund.
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| "Long-term care facility" means (i) a skilled nursing or | | 6 |
| intermediate
long term care facility, whether
public or private | | 7 |
| and whether organized for profit or
not-for-profit, that is | | 8 |
| subject to licensure by the Illinois Department
of Public | | 9 |
| Health under the Nursing Home Care Act or the MR/DD Community | | 10 |
| Care Act, including a
county nursing home directed and | | 11 |
| maintained under Section
5-1005 of the Counties Code, and (ii) | | 12 |
| a part of a hospital in
which skilled or intermediate long-term | | 13 |
| care services within the
meaning of Title XVIII or XIX of the | | 14 |
| Social Security Act are
provided; except that the term | | 15 |
| "long-term care facility" does
not include a facility operated | | 16 |
| solely as an intermediate care
facility for the mentally | | 17 |
| retarded within the meaning of Title
XIX of the Social Security | | 18 |
| Act.
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| "Long-term care provider" means (i) a person licensed
by | | 20 |
| the Department of Public Health to operate and maintain a
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| skilled nursing or intermediate long-term care facility or (ii) | | 22 |
| a hospital provider that
provides skilled or intermediate | | 23 |
| long-term care services within
the meaning of Title XVIII or | | 24 |
| XIX of the Social Security Act.
For purposes of this paragraph, | | 25 |
| "person" means any political
subdivision of the State, |
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SB3144 |
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LRB096 18173 KTG 33548 b |
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| municipal corporation, individual,
firm, partnership, | | 2 |
| corporation, company, limited liability
company, association, | | 3 |
| joint stock association, or trust, or a
receiver, executor, | | 4 |
| trustee, guardian, or other representative
appointed by order | | 5 |
| of any court. "Hospital provider" means a
person licensed by | | 6 |
| the Department of Public Health to conduct,
operate, or | | 7 |
| maintain a hospital.
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| "Occupied bed days" shall be computed separately for
each | | 9 |
| long-term care facility operated or maintained by a long-term
| | 10 |
| care provider, and means the sum for all beds of the number
of | | 11 |
| days during the year on which each bed is occupied by a
| | 12 |
| resident (other than a resident receiving care at an | | 13 |
| intermediate
care facility for the mentally retarded within the | | 14 |
| meaning of
Title XIX of the Social Security Act).
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| "Intergovernmental transfer payment" means the payments
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| established under Section 15-3 of this Code, and includes | | 17 |
| without
limitation payments payable under that Section for | | 18 |
| July, August, and
September of 1992.
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| (Source: P.A. 96-339, eff. 7-1-10.)
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| (305 ILCS 5/5E-5)
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| (Text of Section before amendment by P.A. 96-339)
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| Sec. 5E-5. Definitions. As used in this Article, unless the
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| context requires otherwise:
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| "Nursing home" means (i) a skilled nursing or intermediate | | 25 |
| long-term care
facility, whether public or private and whether |
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SB3144 |
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LRB096 18173 KTG 33548 b |
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| organized for profit or
not-for-profit, that is subject to | | 2 |
| licensure by the Illinois Department
of Public Health under the | | 3 |
| Nursing Home Care Act, including a
county nursing home directed | | 4 |
| and maintained under Section
5-1005 of the Counties Code, and | | 5 |
| (ii) a part of a hospital in
which skilled or intermediate | | 6 |
| long-term care services within the
meaning of Title XVIII or | | 7 |
| XIX of the Social Security Act are
provided; except that the | | 8 |
| term "nursing home" does not include a facility
operated solely | | 9 |
| as an intermediate care facility for the mentally retarded
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| within the meaning of Title XIX of the Social Security Act.
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| "Nursing home provider" means (i) a person licensed
by the | | 12 |
| Department of Public Health to operate and maintain a
skilled | | 13 |
| nursing or intermediate long-term care facility which charges | | 14 |
| its
residents, a third party payor, Medicaid, or Medicare for | | 15 |
| skilled nursing or
intermediate long-term care services, or | | 16 |
| (ii) a hospital provider that
provides skilled or intermediate | | 17 |
| long-term care services within
the meaning of Title XVIII or | | 18 |
| XIX of the Social Security Act.
For purposes of this paragraph, | | 19 |
| "person" means any political
subdivision of the State, | | 20 |
| municipal corporation, individual,
firm, partnership, | | 21 |
| corporation, company, limited liability
company, association, | | 22 |
| joint stock association, or trust, or a
receiver, executor, | | 23 |
| trustee, guardian, or other representative
appointed by order | | 24 |
| of any court. "Hospital provider" means a
person licensed by | | 25 |
| the Department of Public Health to conduct,
operate, or | | 26 |
| maintain a hospital.
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SB3144 |
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LRB096 18173 KTG 33548 b |
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| "Licensed bed days" shall be computed separately for each | | 2 |
| nursing home
operated or maintained by a nursing home provider | | 3 |
| and means, with respect to a
nursing home provider, the sum for | | 4 |
| all nursing home beds of the number of days
during a calendar | | 5 |
| quarter on which each bed is covered by a license issued to
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| that provider under the Nursing Home Care Act or the Hospital | | 7 |
| Licensing Act.
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| (Source: P.A. 88-88.)
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| (Text of Section after amendment by P.A. 96-339)
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| Sec. 5E-5. Definitions. As used in this Article, unless the
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| context requires otherwise:
| | 12 |
| "Nursing home" means (i) a skilled nursing or intermediate | | 13 |
| long-term care
facility, whether public or private and whether | | 14 |
| organized for profit or
not-for-profit, that is subject to | | 15 |
| licensure by the Illinois Department
of Public Health under the | | 16 |
| Nursing Home Care Act or the MR/DD Community Care Act, | | 17 |
| including a
county nursing home directed and maintained under | | 18 |
| Section
5-1005 of the Counties Code, and (ii) a part of a | | 19 |
| hospital in
which skilled or intermediate long-term care | | 20 |
| services within the
meaning of Title XVIII or XIX of the Social | | 21 |
| Security Act are
provided; except that the term "nursing home" | | 22 |
| does not include a facility
operated solely as an intermediate | | 23 |
| care facility for the mentally retarded
within the meaning of | | 24 |
| Title XIX of the Social Security Act.
| | 25 |
| "Nursing home provider" means (i) a person licensed
by the |
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SB3144 |
- 7 - |
LRB096 18173 KTG 33548 b |
|
| | 1 |
| Department of Public Health to operate and maintain a
skilled | | 2 |
| nursing or intermediate long-term care facility which charges | | 3 |
| its
residents, a third party payor, Medicaid, or Medicare for | | 4 |
| skilled nursing or
intermediate long-term care services, or | | 5 |
| (ii) a hospital provider that
provides skilled or intermediate | | 6 |
| long-term care services within
the meaning of Title XVIII or | | 7 |
| XIX of the Social Security Act.
For purposes of this paragraph, | | 8 |
| "person" means any political
subdivision of the State, | | 9 |
| municipal corporation, individual,
firm, partnership, | | 10 |
| corporation, company, limited liability
company, association, | | 11 |
| joint stock association, or trust, or a
receiver, executor, | | 12 |
| trustee, guardian, or other representative
appointed by order | | 13 |
| of any court. "Hospital provider" means a
person licensed by | | 14 |
| the Department of Public Health to conduct,
operate, or | | 15 |
| maintain a hospital.
| | 16 |
| "Licensed bed days" shall be computed separately for each | | 17 |
| nursing home
operated or maintained by a nursing home provider | | 18 |
| and means, with respect to a
nursing home provider, the sum for | | 19 |
| all nursing home beds of the number of days
during a calendar | | 20 |
| quarter on which each bed is covered by a license issued to
| | 21 |
| that provider under the Nursing Home Care Act or the Hospital | | 22 |
| Licensing Act.
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| (Source: P.A. 96-339, eff. 7-1-10.)
| | 24 |
| Section 99. Effective date. This Act takes effect upon | | 25 |
| becoming law.
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