Illinois General Assembly - Full Text of HB4223
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Full Text of HB4223  100th General Assembly




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1    AN ACT concerning public aid.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Public Aid Code is amended by
5changing Section 5-5.01a as follows:
6    (305 ILCS 5/5-5.01a)
7    Sec. 5-5.01a. Supportive living facilities program.
8    (a) The Department shall establish and provide oversight
9for a program of supportive living facilities that seek to
10promote resident independence, dignity, respect, and
11well-being in the most cost-effective manner.
12    A supportive living facility is (i) either a free-standing
13facility or (ii) a distinct physical and operational entity
14within a mixed-use building that meets the criteria established
15in subsection (d) nursing facility. A supportive living
16facility integrates housing with health, personal care, and
17supportive services and is a designated setting that offers
18residents their own separate, private, and distinct living
20    Sites for the operation of the program shall be selected by
21the Department based upon criteria that may include the need
22for services in a geographic area, the availability of funding,
23and the site's ability to meet the standards.



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1    (b) Beginning July 1, 2014, subject to federal approval,
2the Medicaid rates for supportive living facilities shall be
3equal to the supportive living facility Medicaid rate effective
4on June 30, 2014 increased by 8.85%. Once the assessment
5imposed at Article V-G of this Code is determined to be a
6permissible tax under Title XIX of the Social Security Act, the
7Department shall increase the Medicaid rates for supportive
8living facilities effective on July 1, 2014 by 9.09%. The
9Department shall apply this increase retroactively to coincide
10with the imposition of the assessment in Article V-G of this
11Code in accordance with the approval for federal financial
12participation by the Centers for Medicare and Medicaid
14    The Medicaid rates for supportive living facilities
15effective on July 1, 2017 must be equal to the rates in effect
16for supportive living facilities on June 30, 2017 increased by
18    (c) The Department may adopt rules to implement this
19Section. Rules that establish or modify the services,
20standards, and conditions for participation in the program
21shall be adopted by the Department in consultation with the
22Department on Aging, the Department of Rehabilitation
23Services, and the Department of Mental Health and Developmental
24Disabilities (or their successor agencies).
25    (d) Subject to federal approval by the Centers for Medicare
26and Medicaid Services, the Department shall accept for



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1consideration of certification under the program any
2application for a site or building where distinct parts of the
3site or building are designated for purposes other than the
4provision of supportive living services, but only if:
5        (1) those distinct parts of the site or building are
6    not designated for the purpose of providing assisted living
7    services as required under the Assisted Living and Shared
8    Housing Act;
9        (2) those distinct parts of the site or building are
10    completely separate from the part of the building used for
11    the provision of supportive living program services,
12    including separate entrances;
13        (3) those distinct parts of the site or building do not
14    share any common spaces with the part of the building used
15    for the provision of supportive living program services;
16    and
17        (4) those distinct parts of the site or building do not
18    share staffing with the part of the building used for the
19    provision of supportive living program services.
20    (e) Facilities or distinct parts of facilities which are
21selected as supportive living facilities and are in good
22standing with the Department's rules are exempt from the
23provisions of the Nursing Home Care Act and the Illinois Health
24Facilities Planning Act.
25(Source: P.A. 100-23, eff. 7-6-17.)
26    Section 99. Effective date. This Act takes effect upon



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1becoming law.