Full Text of SB0774 103rd General Assembly
SB0774ham005 103RD GENERAL ASSEMBLY | Rep. Robyn Gabel Filed: 5/8/2024 | | 10300SB0774ham005 | | LRB103 03230 JDS 73250 a |
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| 1 | | AMENDMENT TO SENATE BILL 774
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 774 on page 17, | 3 | | line 17, by replacing " adopt " with " propose "; and | 4 | | by replacing line 23 on page 17 through line 18 on page 24 with | 5 | | the following: | 6 | | "Section 15. The Illinois Public Aid Code is amended by | 7 | | changing Section 5-5.01a as follows: | 8 | | (305 ILCS 5/5-5.01a) | 9 | | Sec. 5-5.01a. Supportive living facilities program. | 10 | | (a) The Department shall establish and provide oversight | 11 | | for a program of supportive living facilities that seek to | 12 | | promote resident independence, dignity, respect, and | 13 | | well-being in the most cost-effective manner. | 14 | | A supportive living facility is (i) a free-standing | 15 | | facility or (ii) a distinct physical and operational entity |
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| 1 | | within a mixed-use building that meets the criteria | 2 | | established in subsection (d). A supportive living facility | 3 | | integrates housing with health, personal care, and supportive | 4 | | services and is a designated setting that offers residents | 5 | | their own separate, private, and distinct living units. | 6 | | Sites for the operation of the program shall be selected | 7 | | by the Department based upon criteria that may include the | 8 | | need for services in a geographic area, the availability of | 9 | | funding, and the site's ability to meet the standards. | 10 | | (b) Beginning July 1, 2014, subject to federal approval, | 11 | | the Medicaid rates for supportive living facilities shall be | 12 | | equal to the supportive living facility Medicaid rate | 13 | | effective on June 30, 2014 increased by 8.85%. Once the | 14 | | assessment imposed at Article V-G of this Code is determined | 15 | | to be a permissible tax under Title XIX of the Social Security | 16 | | Act, the Department shall increase the Medicaid rates for | 17 | | supportive living facilities effective on July 1, 2014 by | 18 | | 9.09%. The Department shall apply this increase retroactively | 19 | | to coincide with the imposition of the assessment in Article | 20 | | V-G of this Code in accordance with the approval for federal | 21 | | financial participation by the Centers for Medicare and | 22 | | Medicaid Services. | 23 | | The Medicaid rates for supportive living facilities | 24 | | effective on July 1, 2017 must be equal to the rates in effect | 25 | | for supportive living facilities on June 30, 2017 increased by | 26 | | 2.8%. |
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| 1 | | The Medicaid rates for supportive living facilities | 2 | | effective on July 1, 2018 must be equal to the rates in effect | 3 | | for supportive living facilities on June 30, 2018. | 4 | | Subject to federal approval, the Medicaid rates for | 5 | | supportive living services on and after July 1, 2019 must be at | 6 | | least 54.3% of the average total nursing facility services per | 7 | | diem for the geographic areas defined by the Department while | 8 | | maintaining the rate differential for dementia care and must | 9 | | be updated whenever the total nursing facility service per | 10 | | diems are updated. Beginning July 1, 2022, upon the | 11 | | implementation of the Patient Driven Payment Model, Medicaid | 12 | | rates for supportive living services must be at least 54.3% of | 13 | | the average total nursing services per diem rate for the | 14 | | geographic areas. For purposes of this provision, the average | 15 | | total nursing services per diem rate shall include all add-ons | 16 | | for nursing facilities for the geographic area provided for in | 17 | | Section 5-5.2. The rate differential for dementia care must be | 18 | | maintained in these rates and the rates shall be updated | 19 | | whenever nursing facility per diem rates are updated. | 20 | | Subject to federal approval, beginning January 1, 2024, | 21 | | the dementia care rate for supportive living services must be | 22 | | no less than the non-dementia care supportive living services | 23 | | rate multiplied by 1.5. | 24 | | (c) The Department may adopt rules to implement this | 25 | | Section. Rules that establish or modify the services, | 26 | | standards, and conditions for participation in the program |
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| 1 | | shall be adopted by the Department in consultation with the | 2 | | Department on Aging, the Department of Rehabilitation | 3 | | Services, and the Department of Mental Health and | 4 | | Developmental Disabilities (or their successor agencies). | 5 | | (d) Subject to federal approval by the Centers for | 6 | | Medicare and Medicaid Services, the Department shall accept | 7 | | for consideration of certification under the program any | 8 | | application for a site or building where distinct parts of the | 9 | | site or building are designated for purposes other than the | 10 | | provision of supportive living services, but only if: | 11 | | (1) those distinct parts of the site or building are | 12 | | not designated for the purpose of providing assisted | 13 | | living services as required under the Assisted Living and | 14 | | Shared Housing Act; | 15 | | (2) those distinct parts of the site or building are | 16 | | completely separate from the part of the building used for | 17 | | the provision of supportive living program services, | 18 | | including separate entrances; | 19 | | (3) those distinct parts of the site or building do | 20 | | not share any common spaces with the part of the building | 21 | | used for the provision of supportive living program | 22 | | services; and | 23 | | (4) those distinct parts of the site or building do | 24 | | not share staffing with the part of the building used for | 25 | | the provision of supportive living program services. | 26 | | (e) Facilities or distinct parts of facilities which are |
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| 1 | | selected as supportive living facilities and are in good | 2 | | standing with the Department's rules are exempt from the | 3 | | provisions of the Nursing Home Care Act and the Illinois | 4 | | Health Facilities Planning Act. | 5 | | (f) Section 9817 of the American Rescue Plan Act of 2021 | 6 | | (Public Law 117-2) authorizes a 10% enhanced federal medical | 7 | | assistance percentage for supportive living services for a | 8 | | 12-month period from April 1, 2021 through March 31, 2022. | 9 | | Subject to federal approval, including the approval of any | 10 | | necessary waiver amendments or other federally required | 11 | | documents or assurances, for a 12-month period the Department | 12 | | must pay a supplemental $26 per diem rate to all supportive | 13 | | living facilities with the additional federal financial | 14 | | participation funds that result from the enhanced federal | 15 | | medical assistance percentage from April 1, 2021 through March | 16 | | 31, 2022. The Department may issue parameters around how the | 17 | | supplemental payment should be spent, including quality | 18 | | improvement activities. The Department may alter the form, | 19 | | methods, or timeframes concerning the supplemental per diem | 20 | | rate to comply with any subsequent changes to federal law, | 21 | | changes made by guidance issued by the federal Centers for | 22 | | Medicare and Medicaid Services, or other changes necessary to | 23 | | receive the enhanced federal medical assistance percentage. | 24 | | (g) All applications for the expansion of supportive | 25 | | living dementia care settings involving sites not approved by | 26 | | the Department on January 1, 2024 ( the effective date of |
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| 1 | | Public Act 103-102) this amendatory Act of the 103rd General | 2 | | Assembly may allow new elderly non-dementia units in addition | 3 | | to new dementia care units. The Department may approve such | 4 | | applications only if the application has: (1) no more than one | 5 | | non-dementia care unit for each dementia care unit and (2) the | 6 | | site is not located within 4 miles of an existing supportive | 7 | | living program site in Cook County (including the City of | 8 | | Chicago), not located within 12 miles of an existing | 9 | | supportive living program site in DuPage County, Kane County, | 10 | | Lake County, McHenry County, or Will County, or not located | 11 | | within 25 miles of an existing supportive living program site | 12 | | in any other county. | 13 | | (f) Subject to federal approval, the Department shall | 14 | | allow a certified medication aide to administer medication in | 15 | | a supportive living facility. For purposes of this subsection, | 16 | | "certified medication aide" means a person who has met the | 17 | | qualifications for certification under Section 79 of the | 18 | | Assisted Living and Shared Housing Act and assists with | 19 | | medication administration while under the supervision of a | 20 | | registered professional nurse as authorized by Section 50-75 | 21 | | of the Nurse Practice Act. The Department may adopt rules to | 22 | | implement this subsection. | 23 | | (Source: P.A. 102-43, eff. 7-6-21; 102-699, eff. 4-19-22; | 24 | | 103-102, Article 20, Section 20-5, eff. 1-1-24; 103-102, | 25 | | Article 100, Section 100-5, eff. 1-1-24; revised 12-15-23.)". |
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