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. A
12facility that has delayed payment due to the State's failure to
13reimburse for services rendered may request an extension on the
14due date for payment pursuant to subsection (b) and shall pay
15the assessment within 30 days of reimbursement by the
16Department. The Illinois Department may provide that county
17nursing homes directed and maintained pursuant to Section
185-1005 of the Counties Code may meet their assessment
19obligation by certifying to the Illinois Department that county
20expenditures have been obligated for the operation of the
21county nursing home in an amount at least equal to the amount
22of 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) The Illinois Department is authorized to establish
18delayed payment schedules for long-term care providers that are
19unable to make assessment payments when due under this Section
20due to financial difficulties, as determined by the Illinois
21Department. The Illinois Department may not deny a request for
22delay of payment of the assessment imposed under this Article
23if the long-term care provider has not been paid for services
24provided during the month on which the assessment is levied or
25the Medicaid managed care organization has not been paid by the



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1    (c) If a long-term care provider fails to pay the full
2amount of an assessment payment when due (including any
3extensions granted under subsection (b)), there shall, unless
4waived by the Illinois Department for reasonable cause, be
5added to the assessment imposed by Section 5B-2 a penalty
6assessment equal to the lesser of (i) 5% of the amount of the
7assessment payment not paid on or before the due date plus 5%
8of the portion thereof remaining unpaid on the last day of each
9month thereafter or (ii) 100% of the assessment payment amount
10not paid on or before the due date. For purposes of this
11subsection, payments will be credited first to unpaid
12assessment payment amounts (rather than to penalty or
13interest), beginning with the most delinquent assessment
14payments. Payment cycles of longer than 60 days shall be one
15factor the Director takes into account in granting a waiver
16under this Section.
17    (c-5) If a long-term care facility fails to file its
18assessment bill with payment, there shall, unless waived by the
19Illinois Department for reasonable cause, be added to the
20assessment due a penalty assessment equal to 25% of the
21assessment due. After July 1, 2013, no penalty shall be
22assessed under this Section if the Illinois Department does not
23provide a process for the electronic submission of the
24information required by subsection (a-5).
25    (d) Nothing in this amendatory Act of 1993 shall be
26construed to prevent the Illinois Department from collecting



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1all amounts due under this Article pursuant to an assessment
2imposed before the effective date of this amendatory Act of
4    (e) Nothing in this amendatory Act of the 96th General
5Assembly shall be construed to prevent the Illinois Department
6from collecting all amounts due under this Code pursuant to an
7assessment, tax, fee, or penalty imposed before the effective
8date of this amendatory Act of the 96th General Assembly.
9    (f) No installment of the assessment imposed by Section
105B-2 shall be due and payable until after the Department
11notifies the long-term care providers, in writing, that the
12payment methodologies to long-term care providers required
13under Section 5-5.4 of this Code have been approved by the
14Centers for Medicare and Medicaid Services of the U.S.
15Department of Health and Human Services and the waivers under
1642 CFR 433.68 for the assessment imposed by this Section, if
17necessary, have been granted by the Centers for Medicare and
18Medicaid Services of the U.S. Department of Health and Human
19Services. Upon notification to the Department of approval of
20the payment methodologies required under Section 5-5.4 of this
21Code and the waivers granted under 42 CFR 433.68, all
22installments otherwise due under Section 5B-4 prior to the date
23of notification shall be due and payable to the Department upon
24written direction from the Department within 90 days after
25issuance by the Comptroller of the payments required under
26Section 5-5.4 of this Code.



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1(Source: P.A. 96-444, eff. 8-14-09; 96-1530, eff. 2-16-11;
297-10, eff. 6-14-11; 97-403, eff. 1-1-12; 97-584, eff. 8-26-11;
397-813, eff. 7-13-12.)