Full Text of HB4364 103rd General Assembly
HB4364ham001 103RD GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 3/5/2024 | | 10300HB4364ham001 | | LRB103 34592 KTG 70338 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4364
| 2 | | AMENDMENT NO. ______. Amend House Bill 4364 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 5-5.01a as follows: | 6 | | (305 ILCS 5/5-5.01a) | 7 | | Sec. 5-5.01a. Supportive living facilities program. | 8 | | (a) The Department shall establish and provide oversight | 9 | | for a program of supportive living facilities that seek to | 10 | | promote resident independence, dignity, respect, and | 11 | | well-being in the most cost-effective manner. | 12 | | A supportive living facility is (i) a free-standing | 13 | | facility or (ii) a distinct physical and operational entity | 14 | | within a mixed-use building that meets the criteria | 15 | | established in subsection (d). A supportive living facility | 16 | | integrates housing with health, personal care, and supportive |
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| 1 | | services and is a designated setting that offers residents | 2 | | their own separate, private, and distinct living units. | 3 | | Sites for the operation of the program shall be selected | 4 | | by the Department based upon criteria that may include the | 5 | | need for services in a geographic area, the availability of | 6 | | funding, and the site's ability to meet the standards. | 7 | | (b) Beginning July 1, 2014, subject to federal approval, | 8 | | the Medicaid rates for supportive living facilities shall be | 9 | | equal to the supportive living facility Medicaid rate | 10 | | effective on June 30, 2014 increased by 8.85%. Once the | 11 | | assessment imposed at Article V-G of this Code is determined | 12 | | to be a permissible tax under Title XIX of the Social Security | 13 | | Act, the Department shall increase the Medicaid rates for | 14 | | supportive living facilities effective on July 1, 2014 by | 15 | | 9.09%. The Department shall apply this increase retroactively | 16 | | to coincide with the imposition of the assessment in Article | 17 | | V-G of this Code in accordance with the approval for federal | 18 | | financial participation by the Centers for Medicare and | 19 | | Medicaid Services. | 20 | | The Medicaid rates for supportive living facilities | 21 | | effective on July 1, 2017 must be equal to the rates in effect | 22 | | for supportive living facilities on June 30, 2017 increased by | 23 | | 2.8%. | 24 | | The Medicaid rates for supportive living facilities | 25 | | effective on July 1, 2018 must be equal to the rates in effect | 26 | | for supportive living facilities on June 30, 2018. |
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| 1 | | Subject to federal approval, the Medicaid rates for | 2 | | supportive living services on and after July 1, 2019 must be at | 3 | | least 54.3% of the average total nursing facility services per | 4 | | diem for the geographic areas defined by the Department while | 5 | | maintaining the rate differential for dementia care and must | 6 | | be updated whenever the total nursing facility service per | 7 | | diems are updated. Beginning July 1, 2022, upon the | 8 | | implementation of the Patient Driven Payment Model, Medicaid | 9 | | rates for supportive living services must be at least 54.3% of | 10 | | the average total nursing services per diem rate for the | 11 | | geographic areas. For purposes of this provision, the average | 12 | | total nursing services per diem rate shall include all add-ons | 13 | | for nursing facilities for the geographic area provided for in | 14 | | Section 5-5.2. The rate differential for dementia care must be | 15 | | maintained in these rates and the rates shall be updated | 16 | | whenever nursing facility per diem rates are updated. | 17 | | Subject to federal approval, beginning January 1, 2024, | 18 | | the dementia care rate for supportive living services must be | 19 | | no less than the non-dementia care supportive living services | 20 | | rate multiplied by 1.5. | 21 | | (b-5) Subject to federal approval, beginning January 1, | 22 | | 2025, Medicaid rates for supportive living services must be at | 23 | | least 55.2% of the average total nursing services per diem | 24 | | rate for the geographic areas defined by the Department and | 25 | | shall include all add-ons for nursing facilities for the | 26 | | geographic area provided for in Section 5-5.2. |
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| 1 | | (c) The Department may adopt rules to implement this | 2 | | Section. Rules that establish or modify the services, | 3 | | standards, and conditions for participation in the program | 4 | | shall be adopted by the Department in consultation with the | 5 | | Department on Aging, the Department of Rehabilitation | 6 | | Services, and the Department of Mental Health and | 7 | | Developmental Disabilities (or their successor agencies). | 8 | | (d) Subject to federal approval by the Centers for | 9 | | Medicare and Medicaid Services, the Department shall accept | 10 | | for consideration of certification under the program any | 11 | | application for a site or building where distinct parts of the | 12 | | site or building are designated for purposes other than the | 13 | | provision of supportive living services, but only if: | 14 | | (1) those distinct parts of the site or building are | 15 | | not designated for the purpose of providing assisted | 16 | | living services as required under the Assisted Living and | 17 | | Shared Housing Act; | 18 | | (2) those distinct parts of the site or building are | 19 | | completely separate from the part of the building used for | 20 | | the provision of supportive living program services, | 21 | | including separate entrances; | 22 | | (3) those distinct parts of the site or building do | 23 | | not share any common spaces with the part of the building | 24 | | used for the provision of supportive living program | 25 | | services; and | 26 | | (4) those distinct parts of the site or building do |
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| 1 | | not share staffing with the part of the building used for | 2 | | the provision of supportive living program services. | 3 | | (e) Facilities or distinct parts of facilities which are | 4 | | selected as supportive living facilities and are in good | 5 | | standing with the Department's rules are exempt from the | 6 | | provisions of the Nursing Home Care Act and the Illinois | 7 | | Health Facilities Planning Act. | 8 | | (f) Section 9817 of the American Rescue Plan Act of 2021 | 9 | | (Public Law 117-2) authorizes a 10% enhanced federal medical | 10 | | assistance percentage for supportive living services for a | 11 | | 12-month period from April 1, 2021 through March 31, 2022. | 12 | | Subject to federal approval, including the approval of any | 13 | | necessary waiver amendments or other federally required | 14 | | documents or assurances, for a 12-month period the Department | 15 | | must pay a supplemental $26 per diem rate to all supportive | 16 | | living facilities with the additional federal financial | 17 | | participation funds that result from the enhanced federal | 18 | | medical assistance percentage from April 1, 2021 through March | 19 | | 31, 2022. The Department may issue parameters around how the | 20 | | supplemental payment should be spent, including quality | 21 | | improvement activities. The Department may alter the form, | 22 | | methods, or timeframes concerning the supplemental per diem | 23 | | rate to comply with any subsequent changes to federal law, | 24 | | changes made by guidance issued by the federal Centers for | 25 | | Medicare and Medicaid Services, or other changes necessary to | 26 | | receive the enhanced federal medical assistance percentage. |
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| 1 | | (g) All applications for the expansion of supportive | 2 | | living dementia care settings involving sites not approved by | 3 | | the Department on January 1, 2024 ( the effective date of | 4 | | Public Act 103-102) this amendatory Act of the 103rd General | 5 | | Assembly may allow new elderly non-dementia units in addition | 6 | | to new dementia care units. The Department may approve such | 7 | | applications only if the application has: (1) no more than one | 8 | | non-dementia care unit for each dementia care unit and (2) the | 9 | | site is not located within 4 miles of an existing supportive | 10 | | living program site in Cook County (including the City of | 11 | | Chicago), not located within 12 miles of an existing | 12 | | supportive living program site in DuPage County, Kane County, | 13 | | Lake County, McHenry County, or Will County, or not located | 14 | | within 25 miles of an existing supportive living program site | 15 | | in any other county. | 16 | | (h) Personal needs allowance; supportive living residents. | 17 | | Beginning January 1, 2025, subject to federal approval, for a | 18 | | person who is a resident of a supportive living facility under | 19 | | this Section, the monthly personal needs allowance shall be | 20 | | $150 per month. | 21 | | (Source: P.A. 102-43, eff. 7-6-21; 102-699, eff. 4-19-22; | 22 | | 103-102, Article 20, Section 20-5, eff. 1-1-24; 103-102, | 23 | | Article 100, Section 100-5, eff. 1-1-24; revised 12-15-23.)". |
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