Illinois General Assembly - Full Text of HB0173
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Full Text of HB0173  100th General Assembly


Rep. Elgie R. Sims, Jr.

Filed: 4/24/2017





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2    AMENDMENT NO. ______. Amend House Bill 173 by replacing
3everything after the enacting clause with the following:
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. When
12the State fails A facility that has delayed payment due to the
13State's failure to reimburse for services rendered in the month
14on which the assessment is imposed, may request an extension on
15the due date for payment pursuant to subsection (b) and shall
16pay of the assessment must be no earlier than within 30 days



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1after of reimbursement by the State Department. The Illinois
2Department may provide that county nursing homes directed and
3maintained pursuant to Section 5-1005 of the Counties Code may
4meet their assessment obligation by certifying to the Illinois
5Department that county expenditures have been obligated for the
6operation of the county nursing home in an amount at least
7equal to the amount of the assessment.
8    (a-5) The Illinois Department shall provide for an
9electronic submission process for each long-term care facility
10to report at a minimum the number of occupied bed days of the
11long-term care facility for the reporting period and other
12reasonable information the Illinois Department requires for
13the administration of its responsibilities under this Code.
14Beginning July 1, 2013, a separate electronic submission shall
15be completed for each long-term care facility in this State
16operated by a long-term care provider. The Illinois Department
17shall prepare an assessment bill stating the amount due and
18payable each month and submit it to each long-term care
19facility via an electronic process. Each assessment payment
20shall be accompanied by a copy of the assessment bill sent to
21the long-term care facility by the Illinois Department. To the
22extent practicable, the Department shall coordinate the
23assessment reporting requirements with other reporting
24required of long-term care facilities.
25    (b) The Illinois Department is authorized to establish
26delayed payment schedules for long-term care providers that are



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1unable to make assessment payments when due under this Section
2due to financial difficulties, as determined by the Illinois
3Department. The Illinois Department may not collect may not
4deny a request for delay of payment of the assessment imposed
5under this Article if the long-term care provider has not been
6paid for services provided during the month on which the
7assessment is levied, and the long-term care provider does not
8need to take any additional action.
9    (c) If a long-term care provider fails to pay the full
10amount of an assessment payment when due (under the extended
11due date required in subsection (a) when the State has failed
12to make payment for the month in which services are rendered
13and including any extensions granted under subsection (b)),
14there shall, unless waived by the Illinois Department for
15reasonable cause, be added to the assessment imposed by Section
165B-2 a penalty assessment equal to the lesser of (i) 5% of the
17amount of the assessment payment not paid on or before the due
18date plus 5% of the portion thereof remaining unpaid on the
19last day of each month thereafter or (ii) 100% of the
20assessment payment amount not paid on or before the due date.
21For purposes of this subsection, payments will be credited
22first to unpaid assessment payment amounts (rather than to
23penalty or interest), beginning with the most delinquent
24assessment payments. Payment cycles of longer than 60 days
25shall be one factor the Director takes into account in granting
26a waiver under this Section.



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1    (c-5) If a long-term care facility fails to file its
2assessment bill with payment, there shall, unless waived by the
3Illinois Department for reasonable cause, be added to the
4assessment due a penalty assessment equal to 25% of the
5assessment due. No penalty shall be assessed under this Section
6if the long-term care facility submits its assessment bill
7prior to the payment if the payment is delayed under subsection
8(b) when the long-term care facility has not been paid for
9services provided during the month on which the assessment is
10levied. After July 1, 2013, no penalty shall be assessed under
11this Section if the Illinois Department does not provide a
12process for the electronic submission of the information
13required by subsection (a-5).
14    (d) Nothing in this amendatory Act of 1993 shall be
15construed to prevent the Illinois Department from collecting
16all amounts due under this Article pursuant to an assessment
17imposed before the effective date of this amendatory Act of
19    (e) Nothing in this amendatory Act of the 96th General
20Assembly shall be construed to prevent the Illinois Department
21from collecting all amounts due under this Code pursuant to an
22assessment, tax, fee, or penalty imposed before the effective
23date of this amendatory Act of the 96th General Assembly.
24    (f) No installment of the assessment imposed by Section
255B-2 shall be due and payable until after the Department
26notifies the long-term care providers, in writing, that the



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1payment methodologies to long-term care providers required
2under Section 5-5.4 of this Code have been approved by the
3Centers for Medicare and Medicaid Services of the U.S.
4Department of Health and Human Services and the waivers under
542 CFR 433.68 for the assessment imposed by this Section, if
6necessary, have been granted by the Centers for Medicare and
7Medicaid Services of the U.S. Department of Health and Human
8Services. Upon notification to the Department of approval of
9the payment methodologies required under Section 5-5.4 of this
10Code and the waivers granted under 42 CFR 433.68, all
11installments otherwise due under Section 5B-4 prior to the date
12of notification shall be due and payable to the Department upon
13written direction from the Department within 90 days after
14issuance by the Comptroller of the payments required under
15Section 5-5.4 of this Code.
16(Source: P.A. 96-444, eff. 8-14-09; 96-1530, eff. 2-16-11;
1797-10, eff. 6-14-11; 97-403, eff. 1-1-12; 97-584, eff. 8-26-11;
1897-813, eff. 7-13-12.)
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".