Full Text of HB1422 102nd General Assembly
HB1422 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB1422 Introduced 2/17/2021, by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: | | 305 ILCS 5/5-5.5 | from Ch. 23, par. 5-5.5 |
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Amends the Illinois Public Aid Code. Makes a technical change in a Section
concerning Medicaid payment rates for nursing facility and ICF/DD
services in nursing facilities.
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| | A BILL FOR |
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| 1 | | AN ACT concerning public aid.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Aid Code is amended by | 5 | | changing Section 5-5.5 as follows: | 6 | | (305 ILCS 5/5-5.5) (from Ch. 23, par. 5-5.5)
| 7 | | Sec. 5-5.5. Elements of Payment Rate.
| 8 | | (a) The
The Department of Healthcare and Family Services | 9 | | shall develop a prospective method for
determining payment | 10 | | rates for nursing facility and ICF/DD
services in nursing | 11 | | facilities composed of the following cost elements:
| 12 | | (1) Standard Services, with the cost of this component | 13 | | being determined
by taking into account the actual costs | 14 | | to the facilities of these services
subject to cost | 15 | | ceilings to be defined in the Department's rules.
| 16 | | (2) Resident Services, with the cost of this component | 17 | | being
determined by taking into account the actual costs, | 18 | | needs and utilization
of these services, as derived from | 19 | | an assessment of the resident needs in
the nursing | 20 | | facilities.
| 21 | | (3) Ancillary Services, with the payment rate being | 22 | | developed for
each individual type of service. Payment | 23 | | shall be made only when
authorized under procedures |
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| 1 | | developed by the Department of Healthcare and Family | 2 | | Services.
| 3 | | (4) Nurse's Aide Training, with the cost of this | 4 | | component being
determined by taking into account the | 5 | | actual cost to the facilities of
such training.
| 6 | | (5) Real Estate Taxes, with the cost of this component | 7 | | being
determined by taking into account the figures | 8 | | contained in the most
currently available cost reports | 9 | | (with no imposition of maximums) updated
to the midpoint | 10 | | of the current rate year for long term care services
| 11 | | rendered between July 1, 1984 and June 30, 1985, and with | 12 | | the cost of this
component being determined by taking into | 13 | | account the actual 1983 taxes for
which the nursing homes | 14 | | were assessed (with no imposition of maximums)
updated to | 15 | | the midpoint of the current rate year for long term care
| 16 | | services rendered between July 1, 1985 and June 30, 1986.
| 17 | | (b) In developing a prospective method for determining | 18 | | payment rates
for nursing facility and ICF/DD services in | 19 | | nursing facilities and ICF/DDs,
the Department of Healthcare | 20 | | and Family Services shall consider the following cost | 21 | | elements:
| 22 | | (1) Reasonable capital cost determined by utilizing | 23 | | incurred interest
rate and the current value of the | 24 | | investment, including land, utilizing
composite rates, or | 25 | | by utilizing such other reasonable cost related methods
| 26 | | determined by the Department. However, beginning with the |
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| 1 | | rate
reimbursement period effective July 1, 1987, the | 2 | | Department shall be
prohibited from establishing, | 3 | | including, and implementing any depreciation
factor in | 4 | | calculating the capital cost element.
| 5 | | (2) Profit, with the actual amount being produced and | 6 | | accruing to
the providers in the form of a return on their | 7 | | total investment, on the
basis of their ability to | 8 | | economically and efficiently deliver a type
of service. | 9 | | The method of payment may assure the opportunity for a
| 10 | | profit, but shall not guarantee or establish a specific | 11 | | amount as a cost.
| 12 | | (c) The Illinois Department may implement the amendatory | 13 | | changes to
this Section made by this amendatory Act of 1991 | 14 | | through the use of
emergency rules in accordance with the | 15 | | provisions of Section 5.02 of the
Illinois Administrative | 16 | | Procedure Act. For purposes of the Illinois
Administrative | 17 | | Procedure Act, the adoption of rules to implement the
| 18 | | amendatory changes to this Section made by this amendatory
Act | 19 | | of 1991 shall be deemed an emergency and necessary for the | 20 | | public
interest, safety and welfare.
| 21 | | (d) No later than January 1, 2001, the Department of | 22 | | Public Aid shall file
with the Joint Committee on | 23 | | Administrative Rules, pursuant to the Illinois
Administrative | 24 | | Procedure
Act,
a proposed rule, or a proposed amendment to an | 25 | | existing rule, regarding payment
for appropriate services, | 26 | | including assessment, care planning, discharge
planning, and |
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| 1 | | treatment
provided by nursing facilities to residents who have | 2 | | a serious mental
illness.
| 3 | | (e) On and after July 1, 2012, the Department shall reduce | 4 | | any rate of reimbursement for services or other payments or | 5 | | alter any methodologies authorized by this Code to reduce any | 6 | | rate of reimbursement for services or other payments in | 7 | | accordance with Section 5-5e. | 8 | | (Source: P.A. 96-1123, eff. 1-1-11; 96-1530, eff. 2-16-11; | 9 | | 97-689, eff. 6-14-12.)
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