Full Text of SB1821 99th General Assembly
SB1821ham001 99TH GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 11/16/2016
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| 1 | | AMENDMENT TO SENATE BILL 1821
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1821 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 5A-5 and by adding Section 14-13 as follows: | 6 | | (305 ILCS 5/5A-5) (from Ch. 23, par. 5A-5) | 7 | | Sec. 5A-5. Notice; penalty; maintenance of records.
| 8 | | (a)
The Illinois Department shall send a
notice of | 9 | | assessment to every hospital provider subject
to assessment | 10 | | under this Article. The notice of assessment shall notify the | 11 | | hospital of its assessment and shall be sent after receipt by | 12 | | the Department of notification from the Centers for Medicare | 13 | | and Medicaid Services of the U.S. Department of Health and | 14 | | Human Services that the payment methodologies required under | 15 | | this Article and, if necessary, the waiver granted under 42 CFR | 16 | | 433.68 have been approved. The notice
shall be on a form
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| 1 | | prepared by the Illinois Department and shall state the | 2 | | following:
| 3 | | (1) The name of the hospital provider.
| 4 | | (2) The address of the hospital provider's principal | 5 | | place
of business from which the provider engages in the | 6 | | occupation of hospital
provider in this State, and the name | 7 | | and address of each hospital
operated, conducted, or | 8 | | maintained by the provider in this State.
| 9 | | (3) The occupied bed days, occupied bed days less | 10 | | Medicare days, adjusted gross hospital revenue, or | 11 | | outpatient gross revenue of the
hospital
provider | 12 | | (whichever is applicable), the amount of
assessment | 13 | | imposed under Section 5A-2 for the State fiscal year
for | 14 | | which the notice is sent, and the amount of
each
| 15 | | installment to be paid during the State fiscal year.
| 16 | | (4) (Blank).
| 17 | | (5) Other reasonable information as determined by the | 18 | | Illinois
Department.
| 19 | | (b) If a hospital provider conducts, operates, or
maintains | 20 | | more than one hospital licensed by the Illinois
Department of | 21 | | Public Health, the provider shall pay the
assessment for each | 22 | | hospital separately.
| 23 | | (c) Notwithstanding any other provision in this Article, in
| 24 | | the case of a person who ceases to conduct, operate, or | 25 | | maintain a
hospital in respect of which the person is subject | 26 | | to assessment
under this Article as a hospital provider, the |
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| 1 | | assessment for the State
fiscal year in which the cessation | 2 | | occurs shall be adjusted by
multiplying the assessment computed | 3 | | under Section 5A-2 by a
fraction, the numerator of which is the | 4 | | number of days in the
year during which the provider conducts, | 5 | | operates, or maintains
the hospital and the denominator of | 6 | | which is 365. Immediately
upon ceasing to conduct, operate, or | 7 | | maintain a hospital, the person
shall pay the assessment
for | 8 | | the year as so adjusted (to the extent not previously paid).
| 9 | | (d) Notwithstanding any other provision in this Article, a
| 10 | | provider who commences conducting, operating, or maintaining a
| 11 | | hospital, upon notice by the Illinois Department,
shall pay the | 12 | | assessment computed under Section 5A-2 and
subsection (e) in | 13 | | installments on the due dates stated in the
notice and on the | 14 | | regular installment due dates for the State
fiscal year | 15 | | occurring after the due dates of the initial
notice.
| 16 | | (e)
Notwithstanding any other provision in this Article, | 17 | | for State fiscal years 2009 through 2018, in the case of a | 18 | | hospital provider that did not conduct, operate, or maintain a | 19 | | hospital in 2005, the assessment for that State fiscal year | 20 | | shall be computed on the basis of hypothetical occupied bed | 21 | | days for the full calendar year as determined by the Illinois | 22 | | Department. Notwithstanding any other provision in this | 23 | | Article, for the portion of State fiscal year 2012 beginning | 24 | | June 10, 2012 through June 30, 2012, and for State fiscal years | 25 | | 2013 through 2018, in the case of a hospital provider that did | 26 | | not conduct, operate, or maintain a hospital in 2009, the |
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| 1 | | assessment under subsection (b-5) of Section 5A-2 for that | 2 | | State fiscal year shall be computed on the basis of | 3 | | hypothetical gross outpatient revenue for the full calendar | 4 | | year as determined by the Illinois Department. The Illinois | 5 | | Department is prohibited from increasing any assessment based | 6 | | upon hypothetical occupied bed days or hypothetical gross | 7 | | outpatient revenue under this Section once the initial | 8 | | assessment has been calculated by the Department and the | 9 | | hospital has been notified of the amount of the assessment | 10 | | based upon hypothetical occupied bed days or hypothetical gross | 11 | | outpatient revenue.
| 12 | | (f) Every hospital provider subject to assessment under | 13 | | this Article shall keep sufficient records to permit the | 14 | | determination of adjusted gross hospital revenue for the | 15 | | hospital's fiscal year. All such records shall be kept in the | 16 | | English language and shall, at all times during regular | 17 | | business hours of the day, be subject to inspection by the | 18 | | Illinois Department or its duly authorized agents and | 19 | | employees.
| 20 | | (g) The Illinois Department may, by rule, provide a | 21 | | hospital provider a reasonable opportunity to request a | 22 | | clarification or correction of any clerical or computational | 23 | | errors contained in the calculation of its assessment, but such | 24 | | corrections shall not extend to updating the cost report | 25 | | information used to calculate the assessment.
| 26 | | (h) (Blank).
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| 1 | | (Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; | 2 | | 98-651, eff. 6-16-14; 98-756, eff. 7-16-14; 99-78, eff. | 3 | | 7-20-15.)
| 4 | | (305 ILCS 5/14-13 new) | 5 | | Sec. 14-13. Treatment of newly licensed general acute care | 6 | | hospitals. | 7 | | (a) For any general acute care hospital licensed by the | 8 | | Department of Public Health after January 1, 2008, the Illinois | 9 | | Department must calculate and pay enhanced payments for | 10 | | Medicaid services similar to enhanced Medicaid payments | 11 | | received by other general acute care hospitals. | 12 | | (b) The Illinois Department may create new payments or | 13 | | increase other existing Medicaid reimbursement programs in | 14 | | order to meet the requirements of subsection (a). | 15 | | (c) The Illinois Department may meet the requirements of | 16 | | this Section by increasing Medicaid payment amounts for a | 17 | | hospital within the same system or ownership structure as the | 18 | | newly licensed hospital. | 19 | | (d) The Illinois Department must insert any new Medicaid | 20 | | inpatient methodology created under this Section in the | 21 | | Medicaid Facilitation and Utilization Payment section of the | 22 | | Illinois Medicaid State Plan. | 23 | | (e) The Illinois Department must insert any new Medicaid | 24 | | outpatient methodology created under this Section in the | 25 | | Hospital Outpatient Assistance Adjustment Payments section of |
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| 1 | | the Illinois Medicaid State Plan. | 2 | | (f) The Illinois Department may, by rule, specify the | 3 | | amount of funding to invest in the payments required by this | 4 | | Section if not otherwise specified below: | 5 | | (1) For general acute care hospitals licensed after | 6 | | January 1, 2008 and before January 1, 2016, the pool must | 7 | | be $4,500,000 annually with no less than 2 years of this | 8 | | amount distributed before July 1, 2018. | 9 | | (2) For general acute care hospitals licensed after | 10 | | January 1, 2016 and before July 1, 2016, the pool must be | 11 | | $3,500,000 annually with no less than 2 years of this | 12 | | amount distributed before July 1, 2018. | 13 | | (3) For general acute care hospitals licensed on and | 14 | | after July 1, 2016, the pool may be established by the | 15 | | Illinois Department by rule. | 16 | | (g) The Medicaid payments authorized under this Section | 17 | | shall continue so long as the payments under subsection (f) of | 18 | | Section 14-12 are in effect. ".
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