Public Act 096-0743
 
HB0415 Enrolled LRB096 03664 DRJ 13692 b

    AN ACT concerning public aid.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Public Aid Code is amended by
adding Sections 5-5.4d and 5-5.4e as follows:
 
    (305 ILCS 5/5-5.4d new)
    Sec. 5-5.4d. MDS payment methodology; quarterly rate
adjustments. On and after July 1, 2009, the nursing component
of the nursing facility medical assistance rate computed under
the Minimum Data Set (MDS) payment methodology shall be
calculated and adjusted quarterly. The Department of
Healthcare and Family Services may adopt rules necessary to
implement this amendatory Act of the 96th General Assembly
through the use of emergency rulemaking in accordance with
Section 5-45 of the Illinois Administrative Procedure Act,
except that the 24-month limitation on the adoption of
emergency rules under Section 5-45 and the provisions of
Sections 5-115 and 5-125 of that Act do not apply to rules
adopted under this Section. For purposes of that Act, the
General Assembly finds that the adoption of rules to implement
this amendatory Act of the 96th General Assembly is deemed an
emergency and necessary for the public interest, safety, and
welfare.
 
    (305 ILCS 5/5-5.4e new)
    Sec. 5-5.4e. Nursing facilities; ventilator rates. On and
after October 1, 2009, the Department of Healthcare and Family
Services shall adopt rules to provide medical assistance
reimbursement under this Article for the care of persons on
ventilators in skilled nursing facilities licensed under the
Nursing Home Care Act and certified to participate under the
medical assistance program. Accordingly, necessary amendments
to the rules implementing the Minimum Data Set (MDS) payment
methodology shall also be made to provide a separate per diem
ventilator rate based on days of service. The Department may
adopt rules necessary to implement this amendatory Act of the
96th General Assembly through the use of emergency rulemaking
in accordance with Section 5-45 of the Illinois Administrative
Procedure Act, except that the 24-month limitation on the
adoption of emergency rules under Section 5-45 and the
provisions of Sections 5-115 and 5-125 of that Act do not apply
to rules adopted under this Section. For purposes of that Act,
the General Assembly finds that the adoption of rules to
implement this amendatory Act of the 96th General Assembly is
deemed an emergency and necessary for the public interest,
safety, and welfare.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.