(305 ILCS 5/5G-30)
Administration; enforcement provisions.
(a) The Department shall administer and enforce this Article and collect the assessments and penalty assessments imposed under this Article using procedures employed in its administration of this Code generally and as follows:
(1) The Department may initiate either administrative
or judicial proceedings, or both, to enforce provisions of this Article. Administrative enforcement proceedings initiated hereunder shall be governed by the Department's administrative rules. Judicial enforcement proceedings initiated hereunder shall be governed by the rules of procedure applicable in the courts of this State.
(2) No proceedings for collection, refund, credit, or
other adjustment of an assessment amount shall be issued more than 3 years after the due date of the assessment, except in the case of an extended period agreed to in writing by the Department and the supportive living facility before the expiration of this limitation period.
(3) Any unpaid assessment under this Article shall
become a lien upon the assets of the supportive living facility upon which it was assessed. If any supportive living facility, outside the usual course of its business, sells or transfers the major part of any one or more of (A) the real property and improvements, (B) the machinery and equipment, or (C) the furniture or fixtures, of any supportive living facility that is subject to the provisions of this Article, the seller or transferor shall pay the Department the amount of any assessment, assessment penalty, and interest (if any) due from it under this Article up to the date of the sale or transfer. If the seller or transferor fails to pay any assessment, assessment penalty, and interest (if any) due, the purchaser or transferee of such asset shall be liable for the amount of the assessment, penalty, and interest (if any) up to the amount of the reasonable value of the property acquired by the purchaser or transferee. The purchaser or transferee shall continue to be liable until the purchaser or transferee pays the full amount of the assessment, penalty, and interest (if any) up to the amount of the reasonable value of the property acquired by the purchaser or transferee or until the purchaser or transferee receives from the Department a certificate showing that such assessment, penalty, and interest have been paid or a certificate from the Department showing that no assessment, penalty, or interest is due from the seller or transferor under this Article.
(b) In addition to any other remedy provided for and without sending a notice of assessment liability, the Department may collect an unpaid assessment by withholding, as payment of the assessment, reimbursements or other amounts otherwise payable by the Department to the supportive living facility.
(Source: P.A. 98-651, eff. 6-16-14.)
(305 ILCS 5/5G-35)
Supportive Living Facility Fund.
(a) There is created in the State treasury the Supportive Living Facility Fund. Interest earned by the Fund shall be credited to the Fund. The Fund shall not be used to replace any moneys appropriated to the Medicaid program by the General Assembly.
(b) The Fund is created for the purpose of receiving and disbursing moneys in accordance with this Article. Disbursements from the Fund, other than transfers authorized under paragraphs (5) and (6) of this subsection, shall be by warrants drawn by the State Comptroller upon receipt of vouchers duly executed and certified by the Department. Disbursements from the Fund shall be made only as follows:
(1) For making payments to supportive living
facilities as required under this Code, under the Children's Health Insurance Program Act, under the Covering ALL KIDS Health Insurance Act, and under the Long Term Acute Care Hospital Quality Improvement Transfer Program Act.
(2) For the reimbursement of moneys collected by the
Department from supportive living facilities through error or mistake in performing the activities authorized under this Code.
(3) For payment of administrative expenses incurred
by the Department or its agent in performing administrative oversight activities for the supportive living program or review of new supportive living facility applications.
(4) For payments of any amounts which are
reimbursable to the federal government for payments from this Fund which are required to be paid by State warrant.
(5) For making transfers, as those transfers are
authorized in the proceedings authorizing debt under the Short Term Borrowing Act, but transfers made under this paragraph (5) shall not exceed the principal amount of debt issued in anticipation of the receipt by the State of moneys to be deposited into the Fund.
(6) For making transfers to any other fund in the
State treasury, but transfers made under this paragraph (6) shall not exceed the amount transferred previously from that other fund into the Supportive Living Facility Fund plus any interest that would have been earned by that fund on the money that had been transferred.
(c) The Fund shall consist of the following:
(1) All moneys collected or received by the
Department from the supportive living facility assessment imposed by this Article.
(2) All moneys collected or received by the
Department from the supportive living facility certification fee imposed by this Article.
(3) All federal matching funds received by the
Department as a result of expenditures made by the Department that are attributable to moneys deposited in the Fund.
(4) Any interest or penalty levied in conjunction
with the administration of this Article.
(5) Moneys transferred from another fund in the State
(6) All other moneys received for the Fund from any
other source, including interest earned thereon.
(Source: P.A. 98-651, eff. 6-16-14.)
(305 ILCS 5/5H-3)
Managed care assessment.
(a) For State Fiscal year 2020 through State Fiscal Year 2025, there is imposed upon managed care organization member months an assessment, calculated on base year data, as set forth below for the appropriate tier:
(1) Tier 1: $60.20 per member month.
(2) Tier 2: $1.20 per member month.
(3) Tier 3: $2.40 per member month.
(b) The tiers are established as follows:
(1) Tier 1 includes the first 4,195,000 member months
in a Medicaid managed care organization for the base year;
(ii) Tier 2 includes member months over 4,195,000 in
a Medicaid managed care organization during the base year; and
(iv) Tier 3 includes member months during the base
year in a managed care organization that is not a Medicaid managed care organization.
(c) For State fiscal year 2020 through State fiscal year 2025, the Department may by rule adjust rates or tier parameters or both in order to maximize the revenue generated by the assessment consistent with federal regulations and to meet federal statistical tests necessary for federal financial participation. Any upward adjustment to the Tier 3 rate shall be the minimum necessary to meet federal statistical tests.
(Source: P.A. 101-9, eff. 6-5-19.)
(305 ILCS 5/6-1)
(from Ch. 23, par. 6-1)
Financial aid in meeting basic
maintenance requirements shall be given under this Article to
or in behalf of persons who meet the eligibility conditions of Sections
6-1.1 through 6-1.10.
In addition, each unit of local government subject to this Article shall
provide persons receiving financial aid in meeting basic maintenance
requirements with financial aid for either (a) necessary treatment, care, and
supplies required because of illness or disability, or (b) acute medical
treatment, care, and supplies only. If a local governmental unit elects to
provide financial aid for acute medical treatment, care, and supplies only, the
general types of acute medical treatment, care, and supplies for which
aid is provided shall be specified in the general assistance rules of the local
governmental unit, which rules shall provide that financial aid is provided, at
a minimum, for acute medical treatment, care, or supplies necessitated by a
medical condition for which prior approval or authorization of medical
treatment, care, or supplies is not required by the general assistance rules
of the Illinois Department.
(Source: P.A. 100-538, eff. 1-1-18