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92_HB2092 LRB9207455DJdv 1 AN ACT in relation to persons with disabilities. 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 5-5.4 as follows: 6 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4) 7 Sec. 5-5.4. Standards of payment;PaymentDepartment of 8 Public Aid. The Department of Public Aid shall develop 9 standards of payment of skilled nursing and intermediate care 10 services in facilities providing such services under this 11 Article which: 12 (1) Provides for the determination of a facility's 13 payment for skilled nursing and intermediate care services on 14 a prospective basis. The amount of the payment rate for all 15 nursing facilities certified under the medical assistance 16 program shall be prospectively established annually on the 17 basis of historical, financial, and statistical data 18 reflecting actual costs from prior years, which shall be 19 applied to the current rate year and updated for inflation, 20 except that the capital cost element for newly constructed 21 facilities shall be based upon projected budgets. The 22 annually established payment rate shall take effect on July 1 23 in 1984 and subsequent years. Rate increases shall be 24 provided annually thereafter on July 1 in 1984 and on each 25 subsequent July 1 in the following years, except that no rate 26 increase and no update for inflation shall be provided on or 27 after July 1, 1994 and before July 1, 2001, unless 28 specifically provided for in this Section. 29 For facilities licensed by the Department of Public 30 Health under the Nursing Home Care Act as Intermediate Care 31 for the Developmentally Disabled facilities or Long Term Care -2- LRB9207455DJdv 1 for Under Age 22 facilities, the rates taking effect on July 2 1, 1998 shall include an increase of 3%. For facilities 3 licensed by the Department of Public Health under the Nursing 4 Home Care Act as Skilled Nursing facilities or Intermediate 5 Care facilities, the rates taking effect on July 1, 1998 6 shall include an increase of 3% plus $1.10 per resident-day, 7 as defined by the Department. 8 For facilities licensed by the Department of Public 9 Health under the Nursing Home Care Act as Intermediate Care 10 for the Developmentally Disabled facilities or Long Term Care 11 for Under Age 22 facilities, the rates taking effect on July 12 1, 1999 shall include an increase of 1.6% plus $3.00 per 13 resident-day, as defined by the Department. For facilities 14 licensed by the Department of Public Health under the Nursing 15 Home Care Act as Skilled Nursing facilities or Intermediate 16 Care facilities, the rates taking effect on July 1, 1999 17 shall include an increase of 1.6% and, for services provided 18 on or after October 1, 1999, shall be increased by $4.00 per 19 resident-day, as defined by the Department. 20 For facilities licensed by the Department of Public 21 Health under the Nursing Home Care Act as Intermediate Care 22 for the Developmentally Disabled facilities or Long Term Care 23 for Under Age 22 facilities, the rates taking effect on July 24 1, 2000 shall include an increase of 2.5% per resident-day, 25 as defined by the Department. For facilities licensed by the 26 Department of Public Health under the Nursing Home Care Act 27 as Skilled Nursing facilities or Intermediate Care 28 facilities, the rates taking effect on July 1, 2000 shall 29 include an increase of 2.5% per resident-day, as defined by 30 the Department. 31 Rates established effective each July 1 shall govern 32 payment for services rendered throughout that fiscal year, 33 except that rates established on July 1, 1996 shall be 34 increased by 6.8% for services provided on or after January -3- LRB9207455DJdv 1 1, 1997. Such rates will be based upon the rates calculated 2 for the year beginning July 1, 1990, and for subsequent years 3 thereafter shall be based on the facility cost reports for 4 the facility fiscal year ending at any point in time during 5 the previous calendar year, updated to the midpoint of the 6 rate year. The cost report shall be on file with the 7 Department no later than April 1 of the current rate year. 8 Should the cost report not be on file by April 1, the 9 Department shall base the rate on the latest cost report 10 filed by each skilled care facility and intermediate care 11 facility, updated to the midpoint of the current rate year. 12 In determining rates for services rendered on and after July 13 1, 1985, fixed time shall not be computed at less than zero. 14 The Department shall not make any alterations of regulations 15 which would reduce any component of the Medicaid rate to a 16 level below what that component would have been utilizing in 17 the rate effective on July 1, 1984. 18 (2) Shall take into account the actual costs incurred by 19 facilities in providing services for recipients of skilled 20 nursing and intermediate care services under the medical 21 assistance program. 22 (3) Shall take into account the medical and 23 psycho-social characteristics and needs of the patients. 24 (4) Shall take into account the actual costs incurred by 25 facilities in meeting licensing and certification standards 26 imposed and prescribed by the State of Illinois, any of its 27 political subdivisions or municipalities and by the U.S. 28 Department of Health and Human Services pursuant to Title XIX 29 of the Social Security Act. 30 The Department of Public Aid shall develop precise 31 standards for payments to reimburse nursing facilities for 32 any utilization of appropriate rehabilitative personnel for 33 the provision of rehabilitative services which is authorized 34 by federal regulations, including reimbursement for services -4- LRB9207455DJdv 1 provided by qualified therapists or qualified assistants, and 2 which is in accordance with accepted professional practices. 3 Reimbursement also may be made for utilization of other 4 supportive personnel under appropriate supervision. 5 (Source: P.A. 90-9, eff. 7-1-97; 90-588, eff. 7-1-98; 91-24, 6 eff. 7-1-99; 91-712, eff. 7-1-00.)