305 ILCS 40/ Nursing Home Grant Assistance Act.

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305 ILCS 40/1

(305 ILCS 40/1) (from Ch. 23, par. 7100-1)

Sec. 1.

Short title.

This Act may be cited as the

Nursing Home Grant Assistance Act.

(Source: P.A. 87-863.)

305 ILCS 40/5

(305 ILCS 40/5) (from Ch. 23, par. 7100-5)

Sec. 5. Definitions.

As used in this Act, unless the
context requires otherwise:

"Applicant" means an eligible individual who makes a
payment of at least $1 in a quarter to a nursing home.

"Application" means the receipt by a nursing home
of at least $1 from an eligible
individual that is a resident of the home.

"Department" means the Department of Revenue.

"Director" means the Director of the Department of Revenue.

"Distribution agent" means a nursing home that is residence to one or more
eligible individuals, which receives an application from one or more
applicants for participation in the Nursing Home Grant
Assistance Program provided for by this Act, and is thereby
designated as distributing agent by such applicant or
applicants, and which is thereby authorized by virtue of its
license to receive from the Department and distribute
to eligible individuals residing in the nursing home
Nursing Home Grant Assistance payments under this Act.

"Qualified distribution agent" means a distribution agent that the
Department of Public Health has certified to the Department of Revenue to
be a licensed nursing home in good standing.

"Eligible individual" means an individual eligible for
a nursing home grant assistance payment because he or she meets
each of the following requirements:

(1) The individual resides, after June 30, 1992, in a

nursing home as defined in this Act.

(2) For each day for which nursing home grant

assistance is sought, the individual's nursing home care was not paid for, in whole or in part, by a federal, State, or combined federal-State medical care program;  the receipt of Medicare Part B benefits does not make a person ineligible for nursing home grant assistance.

(3) The individual's annual adjusted gross income,

after payment of any expenses for nursing home care, does not exceed 250% of the federal poverty guidelines for an individual as published annually by the U.S. Department of Health and Human Services for purposes of determining Medicaid eligibility.

"Fund" means the Nursing Home Grant Assistance Fund.

"Nursing home" means a skilled nursing or intermediate long term care
facility that is subject to licensure by the Illinois Department of Public
Health under the Nursing Home Care Act or the ID/DD Community Care Act.

"Occupied bed days" means the sum for all beds of
the number of days during a quarter for which grant
assistance is sought under this Act on which a bed is
occupied by an individual.

(Source: P.A. 96-339, eff. 7-1-10; 97-227, eff. 1-1-12.)

305 ILCS 40/10

(305 ILCS 40/10) (from Ch. 23, par. 7100-10)

Sec. 10.

Nursing Home Grant Assistance Program.

There is
created a grant assistance program to provide financial
support for eligible individuals who reside in nursing homes
and who do not have their
nursing home care paid for, in whole or in part, by a
federal, State, or combined federal-State medical care
program, except as provided in Section 15.  The program shall apply only to
State fiscal year 1993.

(Source: P.A. 87-863.)

305 ILCS 40/15

(305 ILCS 40/15) (from Ch. 23, par. 7100-15)

Sec. 15.

Fee.

(a) A nursing home that is a distribution
agent under this Act shall file with the Department on or
before the last day of September, December, March and June
a certification disclosing the following
information:

(1) the name of each eligible individual residing in

the nursing home during one or more days of the quarter immediately preceding the quarter in which the certification is made;

(2) for each eligible individual, the eligible

individual's annual income from all sources for the year immediately preceding the year in which the certification with respect to that individual is made;

(3) the total number of occupied bed days for each

eligible individual residing in the nursing home during the quarter immediately preceding the quarter in which the certification is made;

(4) the total number of occupied bed days for the

quarter immediately preceding the quarter in which the certification is made.

(b) A nursing home making a certification under this Act shall
pay to the Department at the time of filing the certification
with the Department a fee in the amount of $1 for each
occupied bed day for the quarter immediately preceding the
quarter in which the certification is made.  The
certification required by this Act may be made on forms
provided by the Department for such purpose or in such form
as substantially conforms to such requirements as the
Department may provide by rule.

This fee may not be billed or passed on to any resident or third-party payor.

(Source: P.A. 87-863.)

305 ILCS 40/20

(305 ILCS 40/20) (from Ch. 23, par. 7100-20)

Sec. 20. Nursing Home Grant Assistance Program.

(a) (Blank).

(b)
The Department, subject to appropriation, may use up to 2.5% of the
moneys received under this Act for the costs of administering and
enforcing the program.

(c) Within 30 days after the end of the quarterly period in which the
distribution agent is required to file the certification and
make the payment required by this Act, and after verification
with the Department of Healthcare and Family Services of the licensing
status of the distribution agent, the Director shall order
the payment to be made from appropriations made for the purposes
of this Act.

(d) Disbursements shall be by warrants drawn
by the State Comptroller upon receipt of vouchers duly
executed and certified by the Department.  The Department
shall prepare and certify to the State Comptroller the
disbursement of the grants to qualified distributing agents
for payment to the eligible individuals certified to the
Department by the qualified distributing agents.

The amount to be paid per calendar quarter to a qualified distribution
agent shall not exceed, for each
eligible individual, $500 multiplied by a
fraction equal to the number of days that the eligible individual's nursing
home care was not paid for, in whole or in part, by a federal, State, or
combined federal-State medical care program, divided by the number of
calendar days in the quarter.  Any amount the qualified
distribution agent owes to the Department under Section 30 shall be
deducted from the amount of the payment to the qualified distribution agent.

If the amount appropriated or available is insufficient to
meet all or part of any quarterly payment certification, the payment
certified to each qualified distributing agent shall be uniformly reduced
by an amount which will permit a payment to be made to each
qualified distributing agent.  Within 10 days after receipt
by the State Comptroller of the disbursement certification to
the qualified distributing agents, the State Comptroller
shall cause the warrants to be drawn for the respective amounts
in accordance with the directions contained in that
certification.

(e) Notwithstanding any other provision of this Act, as soon as is
practicable after the effective date of this amendatory Act of 1994, the
Department shall order that payments be made, subject to appropriation, to the
appropriate distribution agents for grants to persons who were eligible
individuals during the fourth quarter of fiscal year 1993 to the extent that
those individuals did not receive a
grant for that quarter or the fourth quarter of fiscal year 1992. An eligible
individual, or a person acting on behalf of an eligible individual, must apply
on or before December 31, 1994 for a grant under this subsection (e).  The
amount to
be
paid to each distribution agent under this subsection shall be calculated as
provided in subsection (d). Distribution agents shall distribute the grants to
eligible individuals as required in Section 30.  For the purpose of determining
grants under this subsection (e), a nursing home that is a distribution agent
under this Act shall file with the Department, on or before September 30, 1994,
a certification disclosing the information required under Section 15 with
respect to the fourth quarter of fiscal year 1993.

(Source: P.A. 94-91, eff. 7-1-05; 95-331, eff. 8-21-07.)

305 ILCS 40/25

(305 ILCS 40/25) (from Ch. 23, par. 7100-25)

Sec. 25.

Grants.

Grants to an eligible individual under this program
shall be made by the Department only through payments to the qualified
distribution agent that cares for the eligible individual.  The qualified
distribution agent shall pay the grant amount to the eligible individual as
provided in Section 30.

(Source: P.A. 87-863.)

305 ILCS 40/30

(305 ILCS 40/30) (from Ch. 23, par. 7100-30)

Sec. 30.

Distribution.

A nursing home that is a
distribution agent under this Act shall, within 48 hours from
the date on which the Department makes a Nursing Home Grant
Assistance payment under this Act, distribute and pay over to
each eligible individual for which it receives the Nursing
Home Grant Assistance payments an amount equivalent to the
Nursing Home Grant Assistance payment made by the Department
for that eligible individual.

In the case of a payment
received by a distribution agent for an eligible individual
that dies prior to the date of payment, the distribution
agent shall distribute such payment to the eligible
individual's legally authorized representative within 30 days
from the date such payment is made by the Department.  If the
distribution agent is unable to locate an eligible
individual's legally authorized representative or if no such
representative has been appointed or previously designated,
the distribution agent shall return the amount of the Nursing
Home Grant Assistance Payment to the Department within 120
days from the date the payment was made by the Department.

(Source: P.A. 87-863.)

305 ILCS 40/35

(305 ILCS 40/35) (from Ch. 23, par. 7100-35)

Sec. 35.

Penalties.

(a) A nursing home that is a
distribution agent under this Act shall be liable to the
Department for a penalty equal to 100% of any amount of Nursing
Home Grant Assistance payments made by the Department to the
distribution agent for eligible individuals residing
in the nursing home which is retained by the distribution
agent and which remains unpaid to the eligible individual
more than 48 hours from the date on which such payment is made
by the Department or, where the eligible individual dies
prior to the date of the Nursing Home Grant Assistance
payment, not distributed to the eligible individual's legally
authorized representative within 30 days from the date such
payment is made by the Department.

(b) In addition to the penalty imposed by subsection
(a) of this Section, a distribution agent that fails to pay
an amount equivalent to the  Nursing Home Grant Assistance
payment to an eligible individual for whom the distribution
agent has received a Nursing Home Grant Assistance payment
from the Department within the 48 hours required by this
Section or within the 30 days required by this Section in
the event that an eligible individual dies before the date of
payment, shall be liable to the Department for a penalty in
the amount of 5% of the amount of the Nursing Home Grant
Assistance retained by the distribution agent for each day
that such amount remains unpaid to the eligible individual or
the eligible individual's legally authorized representative,
but such penalty shall not exceed 100% of the unpaid amount.

(c) The following provisions of the Retailers'
Occupation Tax Act (ROTA) are incorporated by reference in this Section:

(1) ROTA Section 4, except that the certification

provided for by this Act shall be substituted for "return" wherever that term appears in Section 4 of the ROTA.

(2) ROTA Section 5, except that the penalty amounts

provided for herein shall control.

(3) ROTA Section 5a, Section 5b, Section 5c, Section

5d, Section 5e, Section 5f, Section 5g, Section 5j, Section 6, Section 6a, Section 6b, Section 6c, Section 8, Section 9, Section 10, Section 11, and Section 12.

(4) ROTA Section 13 1/2, except that the penalty

shall apply to any officer or employee of a distribution agent under this Act who has control, supervision or responsibility for filing certifications and making distributions to eligible individuals under this Act and who willfully fails to file such certifications or to make fee payments to the Department or distributions of Nursing Home Grant Assistance payments to eligible individuals as provided for by this Act.

(Source: P.A. 87-863.)

305 ILCS 40/40

(305 ILCS 40/40) (from Ch. 23, par. 7100-40)

Sec. 40.

Rules.

The Department may adopt necessary rules
to implement this Act, and may use its emergency
rulemaking authority to adopt initial rules.

(Source: P.A. 87-863.)

305 ILCS 40/45

(305 ILCS 40/45) (from Ch. 23, par. 7100-45)

Sec. 45.

Duration.

Grants under the Nursing Home Grant Assistance Program
created by this Act shall be made only for State fiscal year 1993.

(Source: P.A. 87-863.)

305 ILCS 40/50

(305 ILCS 40/50) (from Ch. 23, par. 7100-50)

Sec. 50.

Severability.

The provisions of this Act are severable as
provided in the Statute on Statutes.

(Source: P.A. 87-863.)

305 ILCS 40/55

(305 ILCS 40/55)

Sec. 55. Supplemental Grants.

For each quarter for which an eligible
individual receives a Nursing Home Grant Assistance payment under this Act such
eligible individual shall qualify to receive a Supplemental Nursing Home Grant
Assistance payment.  For each quarter for which an eligible individual
qualifies to receive a Supplemental Nursing Home Grant Assistance payment the
amount of a Supplemental Nursing Home Grant Assistance payment shall be equal
to
the difference between the Supplemental Base Amount for that quarter minus the
Nursing Home Grant Assistance payment for that quarter.  For each such quarter,
the Supplemental Base Amount is equal to $500 multiplied by a fraction equal to
the amount of days that the eligible individual's nursing home care was not
paid for, in whole or in part, by a federal, State, or combined federal-State
medical care program, divided by the number of calendar days in the quarter.
For each such quarter, the Nursing Home Grant Assistance payment is the amount
of the grant paid and received by an eligible individual for that quarter.

(Source: P.A. 94-91, eff. 7-1-05.)

305 ILCS 40/105

(305 ILCS 40/105) (from Ch. 23, par. 7100-105)

Sec. 105.

This Act takes effect upon becoming law.

(Source: P.A. 87-863.)