Illinois General Assembly - Full Text of HB0173
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Full Text of HB0173  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 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 shall be due and
9payable monthly, on the last State business day of the month
10for occupied bed days reported for the preceding third month
11prior to the month in which the tax is payable and due, except
12as described by the criteria in subsection (b). A facility that
13has delayed payment due to the State's failure to reimburse for
14services rendered may request an extension on the due date for
15payment pursuant to subsection (b) and shall pay the assessment
16within 30 days of reimbursement by the Department. The Illinois
17Department may provide that county nursing homes directed and
18maintained pursuant to Section 5-1005 of the Counties Code may
19meet their assessment obligation by certifying to the Illinois
20Department that county expenditures have been obligated for the
21operation of the county nursing home in an amount at least
22equal to the amount of the assessment.
23    (a-5) The Illinois Department shall provide for an



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1electronic submission process for each long-term care facility
2to report at a minimum the number of occupied bed days of the
3long-term care facility for the reporting period and other
4reasonable information the Illinois Department requires for
5the administration of its responsibilities under this Code.
6Beginning July 1, 2013, a separate electronic submission shall
7be completed for each long-term care facility in this State
8operated by a long-term care provider. The Illinois Department
9shall prepare an assessment bill stating the amount due and
10payable each month and submit it to each long-term care
11facility via an electronic process. Each assessment payment
12shall be accompanied by a copy of the assessment bill sent to
13the long-term care facility by the Illinois Department. To the
14extent practicable, the Department shall coordinate the
15assessment reporting requirements with other reporting
16required of long-term care facilities.
17    (b) Delay of payment.
18        (1) Nonpayment delay. Payments of assessments shall be
19    automatically delayed for any month for which payment for
20    all Medicaid bed days has not been received by a facility
21    from the Department, a Medicaid managed care organization,
22    or any entity authorized by the Department to make payments
23    on its behalf until at least 30 days have elapsed since the
24    receipt of payment. The Department shall establish, by
25    rule, a process for the determination of delayed payment
26    dates that shall include, at a minimum, notice



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1    requirements, but shall not require the facility to apply
2    and be approved for a delay of payment due to nonpayment
3    nor shall any other criteria for the delay be imposed.
4        (2) Hardship deferral. The Illinois Department is
5    authorized to establish delayed payment schedules for
6    long-term care providers that are unable to make assessment
7    payments when due under this Section due to financial
8    difficulties, based on criteria established as determined
9    by the Illinois Department. The Illinois Department may not
10    deny a request for delay of payment of the assessment
11    imposed under this Article if the long-term care provider
12    has not been paid for services provided during the month on
13    which the assessment is levied.
14    (c) If a long-term care provider fails to pay the full
15amount of an assessment payment when due (including any
16extensions granted under subsection (b)), there shall, unless
17waived by the Illinois Department for reasonable cause, be
18added to the assessment imposed by Section 5B-2 a penalty
19assessment equal to the lesser of (i) 5% of the amount of the
20assessment payment not paid on or before the due date plus 5%
21of the portion thereof remaining unpaid on the last day of each
22month thereafter or (ii) 100% of the assessment payment amount
23not paid on or before the due date. For purposes of this
24subsection, payments will be credited first to unpaid
25assessment payment amounts (rather than to penalty or
26interest), beginning with the most delinquent assessment



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1payments. Payment cycles of longer than 60 days shall be one
2factor the Director takes into account in granting a waiver
3under this Section.
4    (c-5) If a long-term care facility fails to file its
5assessment bill with payment, there shall, unless waived by the
6Illinois Department for reasonable cause, be added to the
7assessment due a penalty assessment equal to 25% of the
8assessment due. After July 1, 2013, no penalty shall be
9assessed under this Section if the Illinois Department does not
10provide a process for the electronic submission of the
11information required by subsection (a-5).
12    (d) Nothing in this amendatory Act of 1993 shall be
13construed to prevent the Illinois Department from collecting
14all amounts due under this Article pursuant to an assessment
15imposed before the effective date of this amendatory Act of
17    (e) Nothing in this amendatory Act of the 96th General
18Assembly shall be construed to prevent the Illinois Department
19from collecting all amounts due under this Code pursuant to an
20assessment, tax, fee, or penalty imposed before the effective
21date of this amendatory Act of the 96th General Assembly.
22    (f) No installment of the assessment imposed by Section
235B-2 shall be due and payable until after the Department
24notifies the long-term care providers, in writing, that the
25payment methodologies to long-term care providers required
26under Section 5-5.4 of this Code have been approved by the



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1Centers for Medicare and Medicaid Services of the U.S.
2Department of Health and Human Services and the waivers under
342 CFR 433.68 for the assessment imposed by this Section, if
4necessary, have been granted by the Centers for Medicare and
5Medicaid Services of the U.S. Department of Health and Human
6Services. Upon notification to the Department of approval of
7the payment methodologies required under Section 5-5.4 of this
8Code and the waivers granted under 42 CFR 433.68, all
9installments otherwise due under Section 5B-4 prior to the date
10of notification shall be due and payable to the Department upon
11written direction from the Department within 90 days after
12issuance by the Comptroller of the payments required under
13Section 5-5.4 of this Code.
14(Source: P.A. 96-444, eff. 8-14-09; 96-1530, eff. 2-16-11;
1597-10, eff. 6-14-11; 97-403, eff. 1-1-12; 97-584, eff. 8-26-11;
1697-813, eff. 7-13-12.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.