HB5345 97TH GENERAL ASSEMBLY

LRB097 19257 KTG 64501 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5345

Introduced 2/8/2012, by Rep. Bill Mitchell

SYNOPSIS AS INTRODUCED:

305 ILCS 5/5B-2

from Ch. 23, par. 5B-2

Amends the Long-Term Care Provider Funding Article of the Illinois Public Aid Code. Provides that specified assessments imposed on long-term care providers shall not be due and payable until after the Department of Healthcare and Family Services reimburses a long-term care provider for services rendered for the month of the required assessment. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 changing Section 5B-2 as follows:

(305 ILCS 5/5B-2) (from Ch. 23, par. 5B-2)

Sec. 5B-2. Assessment; no local authorization to tax.

(a) For the privilege of engaging in the occupation of long-term care provider, beginning July 1, 2011 an assessment is imposed upon each long-term care provider in an amount equal to $6.07 times the number of occupied bed days due and payable each month. Notwithstanding any provision of any other Act to the contrary, this assessment shall be construed as a tax, but shall not be billed or passed on to any resident of a nursing home operated by the nursing home provider.

(b) Nothing in this amendatory Act of 1992 shall be construed to authorize any home rule unit or other unit of local government to license for revenue or impose a tax or assessment upon long-term care providers or the occupation of long-term care provider, or a tax or assessment measured by the income or earnings or occupied bed days of a long-term care provider.

(c) The assessment imposed by this Section shall not be due and payable, however, until after the Department notifies the long-term care providers, in writing, that the payment methodologies to long-term care providers required under Section 5-5.4 of this Code have been approved by the Centers for Medicare and Medicaid Services of the U.S. Department of Health and Human Services and the waivers under 42 CFR 433.68 for the assessment imposed by this Section, if necessary, have been granted by the Centers for Medicare and Medicaid Services of the U.S. Department of Health and Human Services, and not until after the Department reimburses a long-term care provider for services rendered for the month of the required assessment.

(Source: P.A. 96-1530, eff. 2-16-11; 97-10, eff. 6-14-11; 97-584, eff. 8-26-11.)

Section 99. Effective date. This Act takes effect upon becoming law.