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92nd General Assembly

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Public Act 92-0031

SB608 Enrolled                                 LRB9203291DJgc

    AN ACT in relation to 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
changing Section 5-5.4 as follows:

    (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
    Sec. 5-5.4.  Standards of Payment - Department of  Public
Aid.  The Department of Public Aid shall develop standards of
payment  of skilled nursing and intermediate care services in
facilities providing such services under this Article which:
    (1)  Provides  for  the  determination  of  a  facility's
payment for skilled nursing and intermediate care services on
a prospective basis.  The amount of the payment rate for  all
nursing  facilities  certified  under  the medical assistance
program shall be prospectively established  annually  on  the
basis   of   historical,   financial,  and  statistical  data
reflecting actual costs from  prior  years,  which  shall  be
applied  to  the current rate year and updated for inflation,
except that the capital cost element  for  newly  constructed
facilities  shall  be  based  upon  projected  budgets.   The
annually established payment rate shall take effect on July 1
in  1984  and  subsequent  years.   Rate  increases  shall be
provided annually thereafter on July 1 in 1984  and  on  each
subsequent July 1 in the following years, except that no rate
increase  and no update for inflation shall be provided on or
after July 1, 1994 and before July  1,  2002  July  1,  2001,
unless specifically provided for in this Section.
    For  facilities  licensed  by  the  Department  of Public
Health under the Nursing Home Care Act as  Intermediate  Care
for the Developmentally Disabled facilities or Long Term Care
for  Under Age 22 facilities, the rates taking effect on July
1, 1998 shall include an  increase  of  3%.   For  facilities
licensed by the Department of Public Health under the Nursing
Home  Care  Act as Skilled Nursing facilities or Intermediate
Care facilities, the rates taking  effect  on  July  1,  1998
shall  include an increase of 3% plus $1.10 per resident-day,
as defined by the Department.
    For facilities  licensed  by  the  Department  of  Public
Health  under  the Nursing Home Care Act as Intermediate Care
for the Developmentally Disabled facilities or Long Term Care
for Under Age 22 facilities, the rates taking effect on  July
1,  1999  shall  include  an  increase of 1.6% plus $3.00 per
resident-day, as defined by the Department.   For  facilities
licensed by the Department of Public Health under the Nursing
Home  Care  Act as Skilled Nursing facilities or Intermediate
Care facilities, the rates taking  effect  on  July  1,  1999
shall  include an increase of 1.6% and, for services provided
on or after October 1, 1999, shall be increased by $4.00  per
resident-day, as defined by the Department.
    For  facilities  licensed  by  the  Department  of Public
Health under the Nursing Home Care Act as  Intermediate  Care
for the Developmentally Disabled facilities or Long Term Care
for  Under Age 22 facilities, the rates taking effect on July
1, 2000 shall include an increase of 2.5%  per  resident-day,
as defined by the Department.  For facilities licensed by the
Department  of  Public Health under the Nursing Home Care Act
as  Skilled   Nursing   facilities   or   Intermediate   Care
facilities,  the  rates  taking  effect on July 1, 2000 shall
include an increase of 2.5% per resident-day, as  defined  by
the Department.
    For  facilities  licensed  by  the  Department  of Public
Health under the Nursing Home Care  Act  as  skilled  nursing
facilities  or intermediate care facilities, the rates taking
effect on July 1, 2001, and each subsequent year  thereafter,
shall  be computed using the most recent cost reports on file
with the Department of Public Aid no later than April 1, 2000
updated  for  inflation  to  January  1,  2001.   For   rates
effective  July  1,  2001 only, rates shall be the greater of
the rate computed for July 1, 2001 or the rate  effective  on
June 30, 2001.
    Rates  established  effective  each  July  1 shall govern
payment for services rendered throughout  that  fiscal  year,
except  that  rates  established  on  July  1,  1996 shall be
increased by 6.8% for services provided on or  after  January
1,  1997.  Such rates will be based upon the rates calculated
for the year beginning July 1, 1990, and for subsequent years
thereafter until June 30, 2001 shall be based on the facility
cost reports for the facility fiscal year ending at any point
in time during the previous calendar  year,  updated  to  the
midpoint  of the rate year.  The cost report shall be on file
with the Department no later than April 1 of the current rate
year.  Should the cost report not be on file by April 1,  the
Department  shall  base  the  rate  on the latest cost report
filed by each skilled care  facility  and  intermediate  care
facility,  updated  to the midpoint of the current rate year.
In determining rates for services rendered on and after  July
1,  1985, fixed time shall not be computed at less than zero.
The Department shall not make any alterations of  regulations
which  would  reduce  any component of the Medicaid rate to a
level below what that component would have been utilizing  in
the rate effective on July 1, 1984.
    (2)  Shall take into account the actual costs incurred by
facilities  in  providing  services for recipients of skilled
nursing and intermediate  care  services  under  the  medical
assistance program.
    (3)  Shall    take   into   account   the   medical   and
psycho-social characteristics and needs of the patients.
    (4)  Shall take into account the actual costs incurred by
facilities in meeting licensing and  certification  standards
imposed  and  prescribed by the State of Illinois, any of its
political subdivisions or  municipalities  and  by  the  U.S.
Department of Health and Human Services pursuant to Title XIX
of the Social Security Act.
    The  Department  of  Public  Aid  shall  develop  precise
standards  for  payments  to reimburse nursing facilities for
any utilization of appropriate rehabilitative  personnel  for
the  provision of rehabilitative services which is authorized
by federal regulations, including reimbursement for  services
provided by qualified therapists or qualified assistants, and
which  is in accordance with accepted professional practices.
Reimbursement also may  be  made  for  utilization  of  other
supportive personnel under appropriate supervision.
(Source:  P.A. 90-9, eff. 7-1-97; 90-588, eff. 7-1-98; 91-24,
eff. 7-1-99; 91-712, eff. 7-1-00.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 10, 2001.
    Approved June 28, 2001.

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