Illinois General Assembly - Full Text of HB3048
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Full Text of HB3048  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/17/2023, by Rep. Lance Yednock


305 ILCS 5/5-5.7b

    Amends the Medical Assistance Article of the Illinois Public Aid Code. Removes ambulance and EMS agencies that are privately held from the definition of "qualifying ground ambulance service provider".

LRB103 29926 KTG 56340 b





HB3048LRB103 29926 KTG 56340 b

1    AN ACT concerning public aid.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Public Aid Code is amended by
5changing Section 5-5.7b as follows:
6    (305 ILCS 5/5-5.7b)
7    Sec. 5-5.7b. Pandemic related stability payments to
8ambulance service providers in response to COVID-19.
9    (a) Definitions. As used in this Section:
10    "Ambulance Services Industry" means the industry that is
11comprised of "Qualifying Ground Ambulance Service Providers",
12as defined in this Section.
13    "Qualifying Ground Ambulance Service Provider" means a
14"vehicle service provider," as that term is defined in Section
153.85 of the Emergency Medical Services (EMS) Systems Act,
16which operates licensed ambulances for the purpose of
17providing emergency, non-emergency ambulance services, or both
18emergency and non-emergency ambulance services. The term
19"Qualifying Ground Ambulance Service Provider" is limited to
20ambulance and EMS agencies that are privately held and
21nonprofit organizations headquartered within the State and
22licensed by the Department of Public Health as of March 12,



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1    "Eligible worker" means a staff member of a Qualifying
2Ground Ambulance Service Provider engaged in "essential work",
3as defined by Section 9901 of the ARPA and related federal
4guidance, and (1) whose total pay is below 150% of the average
5annual wage for all occupations in the worker's county of
6residence, as defined by the BLS Occupational Employment and
7Wage Statistics or (2) is not exempt from the federal Fair
8Labor Standards Act overtime provisions.
9    (b) Purpose. The Department may receive federal funds
10under the authority of legislation passed in response to the
11Coronavirus epidemic, including, but not limited to, the
12American Rescue Plan Act of 2021, P.L. 117-2 (the "ARPA").
13Upon receipt or availability of such State or federal funds,
14and subject to appropriations for their use, the Department
15shall establish and administer programs for purposes allowable
16under Section 9901 of the ARPA to provide financial assistance
17to Qualifying Ground Ambulance Service Providers for premium
18pay for eligible workers, to provide reimbursement for
19eligible expenditures, and to provide support following the
20negative economic impact of the COVID-19 public health
21emergency on the Ambulance Services Industry. Financial
22assistance may include, but is not limited to, grants, expense
23reimbursements, or subsidies.
24    (b-1) By December 31, 2022, the Department shall obtain
25appropriate documentation from Qualifying Ground Ambulance
26Service Providers to ascertain an accurate count of the number



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1of licensed vehicles available to serve enrollees in the
2State's medical assistance programs, which shall be known as
3the "total eligible vehicles". By February 28, 2023,
4Qualifying Ground Ambulance Service Providers shall be
5initially notified of their eligible award, which shall be the
6product of (i) the total amount of funds allocated under this
7Section and (ii) a quotient, the numerator of which is the
8number of licensed ground ambulance vehicles of an individual
9Qualifying Ground Ambulance Service Provider and the
10denominator of which is the total eligible vehicles. After
11March 31, 2024, any unobligated funds shall be reallocated pro
12rata to the remaining Qualifying Ground Ambulance Service
13Providers that are able to prove up eligible expenses in
14excess of their initial award amount until all such
15appropriated funds are exhausted.
16    Providers shall indicate to the Department what portion of
17their award they wish to allocate under the purposes outlined
18under paragraphs (d), (e), or (f), if applicable, of this
20    (c) Non-Emergency Service Certification. To be eligible
21for funding under this Section, a Qualifying Ground Ambulance
22Service Provider that provides non-emergency services to
23institutional residents must certify whether or not it is able
24to provide non-emergency ambulance services to individuals
25enrolled in the State's Medical Assistance Program and
26residing in non-institutional settings for at least one year



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1following the receipt of funding pursuant to this amendatory
2Act of the 102nd General Assembly. Certification indicating
3that a provider has such an ability does not mean that a
4provider is required to accept any or all requested
6    (d) Premium Pay Initiative. Subject to paragraph (c) of
7this Section, the Department shall establish a Premium Pay
8Initiative to distribute awards to each Qualifying Ground
9Ambulance Service Provider for the purpose of providing
10premium pay to eligible workers.
11        (1) Financial assistance pursuant to this paragraph
12    (d) shall be scaled based on a process determined by the
13    Department. The amount awarded to each Qualifying Ground
14    Ambulance Service Provider shall be up to $13 per hour for
15    each eligible worker employed.
16        (2) The financial assistance awarded shall only be
17    expended for premium pay for eligible workers, which must
18    be in addition to any wages or remuneration the eligible
19    worker has already received and shall be subject to the
20    other requirements and limitations set forth in the ARPA
21    and related federal guidance.
22        (3) Upon receipt of funds, the Qualifying Ground
23    Ambulance Service Provider shall distribute funds such
24    that an eligible worker receives an amount up to $13 per
25    hour but no more than $25,000 for the duration of the
26    program. The Qualifying Ground Ambulance Service Provider



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1    shall provide a written certification to the Department
2    acknowledging compliance with this paragraph (d).
3        (4) No portion of these funds shall be spent on
4    volunteer staff.
5        (5) These funds shall not be used to make retroactive
6    premium payments prior to the effective date of this
7    amendatory Act of the 102nd General Assembly.
8        (6) The Department shall require each Qualifying
9    Ground Ambulance Service Provider that receives funds
10    under this paragraph (d) to submit appropriate
11    documentation acknowledging compliance with State and
12    federal law on an annual basis.
13    (e) COVID-19 Response Support Initiative. Subject to
14paragraph (c) of this Section and based on an application
15filed by a Qualifying Ground Ambulance Service Provider, the
16Department shall establish the Ground Ambulance COVID-19
17Response Support Initiative. The purpose of the award shall be
18to reimburse Qualifying Ground Ambulance Service Providers for
19eligible expenses under Section 9901 of the ARPA related to
20the public health impacts of the COVID-19 public health
21emergency, including, but not limited to: (i) costs incurred
22due to the COVID-19 public health emergency; (ii) costs
23related to vaccination programs, including vaccine incentives;
24(iii) costs related to COVID-19 testing; (iv) costs related to
25COVID-19 prevention and treatment equipment; (v) expenses for
26medical supplies; (vi) expenses for personal protective



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1equipment; (vii) costs related to isolation and quarantine;
2(viii) costs for ventilation system installation and
3improvement; (ix) costs related to other emergency response
4equipment, such as ground ambulances, ventilators, cardiac
5monitoring equipment, defibrillation equipment, pacing
6equipment, ambulance stretchers, and radio equipment; and (x)
7other emergency medical response expenses.
8        (1) The award shall be for eligible obligated
9    expenditures incurred no earlier than May 1, 2022 and no
10    later than June 30, 2024. Expenditures under this
11    paragraph must be incurred by June 30, 2025.
12        (2) Funds awarded under this paragraph (e) shall not
13    be expended for premium pay to eligible workers.
14        (3) The Department shall require each Qualifying
15    Ground Ambulance Service Provider that receives funds
16    under this paragraph (e) to submit appropriate
17    documentation acknowledging compliance with State and
18    federal law on an annual basis. For purchases of medical
19    equipment or other capital expenditures, the Qualifying
20    Ground Ambulance Service Provider shall include
21    documentation that describes the harm or need to be
22    addressed by the expenditures and how that capital
23    expenditure is appropriate to address that identified harm
24    or need.
25    (f) Ambulance Industry Recovery Program. If the Department
26designates the Ambulance Services Industry as an "impacted



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1industry", as defined by the ARPA and related federal
2guidance, the Department shall establish the Ambulance
3Industry Recovery Grant Program, to provide aid to Qualifying
4Ground Ambulance Service Providers that experienced staffing
5losses due to the COVID-19 public health emergency.
6        (1) Funds awarded under this paragraph (f) shall not
7    be expended for premium pay to eligible workers.
8        (2) Each Qualifying Ground Ambulance Service Provider
9    that receives funds under this paragraph (f) shall comply
10    with paragraph (c) of this Section.
11        (3) The Department shall require each Qualifying
12    Ground Ambulance Service Provider that receives funds
13    under this paragraph (f) to submit appropriate
14    documentation acknowledging compliance with State and
15    federal law on an annual basis.
16(Source: P.A. 102-699, eff. 4-19-22; 102-1118, eff. 1-18-23.)