Sen. David Koehler

Filed: 5/23/2017





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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. 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



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



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1due to financial difficulties, as determined by the Illinois
2Department. The Illinois Department may not deny a request for
3delay of payment of the assessment imposed under this Article
4if the long-term care provider has not been paid for services
5provided during the month on which the assessment is levied or
6the Medicaid managed care organization has not been paid by the
8    (c) If a long-term care provider fails to pay the full
9amount of an assessment payment when due (including any
10extensions granted under subsection (b)), there shall, unless
11waived by the Illinois Department for reasonable cause, be
12added to the assessment imposed by Section 5B-2 a penalty
13assessment equal to the lesser of (i) 5% of the amount of the
14assessment payment not paid on or before the due date plus 5%
15of the portion thereof remaining unpaid on the last day of each
16month thereafter or (ii) 100% of the assessment payment amount
17not paid on or before the due date. For purposes of this
18subsection, payments will be credited first to unpaid
19assessment payment amounts (rather than to penalty or
20interest), beginning with the most delinquent assessment
21payments. Payment cycles of longer than 60 days shall be one
22factor the Director takes into account in granting a waiver
23under this Section.
24    (c-5) If a long-term care facility fails to file its
25assessment bill with payment, there shall, unless waived by the
26Illinois Department for reasonable cause, be added to the



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1assessment due a penalty assessment equal to 25% of the
2assessment due. After July 1, 2013, no penalty shall be
3assessed under this Section if the Illinois Department does not
4provide a process for the electronic submission of the
5information required by subsection (a-5).
6    (d) Nothing in this amendatory Act of 1993 shall be
7construed to prevent the Illinois Department from collecting
8all amounts due under this Article pursuant to an assessment
9imposed before the effective date of this amendatory Act of
11    (e) Nothing in this amendatory Act of the 96th General
12Assembly shall be construed to prevent the Illinois Department
13from collecting all amounts due under this Code pursuant to an
14assessment, tax, fee, or penalty imposed before the effective
15date of this amendatory Act of the 96th General Assembly.
16    (f) No installment of the assessment imposed by Section
175B-2 shall be due and payable until after the Department
18notifies the long-term care providers, in writing, that the
19payment methodologies to long-term care providers required
20under Section 5-5.4 of this Code have been approved by the
21Centers for Medicare and Medicaid Services of the U.S.
22Department of Health and Human Services and the waivers under
2342 CFR 433.68 for the assessment imposed by this Section, if
24necessary, have been granted by the Centers for Medicare and
25Medicaid Services of the U.S. Department of Health and Human
26Services. Upon notification to the Department of approval of



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1the payment methodologies required under Section 5-5.4 of this
2Code and the waivers granted under 42 CFR 433.68, all
3installments otherwise due under Section 5B-4 prior to the date
4of notification shall be due and payable to the Department upon
5written direction from the Department within 90 days after
6issuance by the Comptroller of the payments required under
7Section 5-5.4 of this Code.
8(Source: P.A. 96-444, eff. 8-14-09; 96-1530, eff. 2-16-11;
997-10, eff. 6-14-11; 97-403, eff. 1-1-12; 97-584, eff. 8-26-11;
1097-813, eff. 7-13-12.)".