State of Illinois
92nd General Assembly
Legislation

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92_SB0370

 
                                               LRB9207841DJmg

 1        AN ACT in relation to public aid.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Public Aid Code  is  amended  by
 5    changing Section 5-5.4 as follows:

 6        (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
 7        Sec.  5-5.4.  Standards of Payment - Department of Public
 8    Aid.  The Department of Public Aid shall develop standards of
 9    payment of skilled nursing and intermediate care services  in
10    facilities providing such services under this Article which:
11        (1)  Provides  for  the  determination  of  a  facility's
12    payment for skilled nursing and intermediate care services on
13    a  prospective basis.  The amount of the payment rate for all
14    nursing facilities certified  under  the  medical  assistance
15    program  shall  be  prospectively established annually on the
16    basis  of  historical,  financial,   and   statistical   data
17    reflecting  actual  costs  from  prior  years, which shall be
18    applied to the current rate year and updated  for  inflation,
19    except  that  the  capital cost element for newly constructed
20    facilities  shall  be  based  upon  projected  budgets.   The
21    annually established payment rate shall take effect on July 1
22    in 1984  and  subsequent  years.   Rate  increases  shall  be
23    provided  annually  thereafter  on July 1 in 1984 and on each
24    subsequent July 1 in the following years, except that no rate
25    increase and no update for inflation shall be provided on  or
26    after  July  1,  1994  and  before  July 1, 2002 2001, unless
27    specifically provided for in this Section.
28        For facilities  licensed  by  the  Department  of  Public
29    Health  under  the Nursing Home Care Act as Intermediate Care
30    for the Developmentally Disabled facilities or Long Term Care
31    for Under Age 22 facilities, the rates taking effect on  July
 
                            -2-                LRB9207841DJmg
 1    1,  1998  shall  include  an  increase of 3%.  For facilities
 2    licensed by the Department of Public Health under the Nursing
 3    Home Care Act as Skilled Nursing facilities  or  Intermediate
 4    Care  facilities,  the  rates  taking  effect on July 1, 1998
 5    shall include an increase of 3% plus $1.10 per  resident-day,
 6    as defined by the Department.
 7        For  facilities  licensed  by  the  Department  of Public
 8    Health under the Nursing Home Care Act as  Intermediate  Care
 9    for the Developmentally Disabled facilities or Long Term Care
10    for  Under Age 22 facilities, the rates taking effect on July
11    1, 1999 shall include an increase  of  1.6%  plus  $3.00  per
12    resident-day,  as  defined by the Department.  For facilities
13    licensed by the Department of Public Health under the Nursing
14    Home Care Act as Skilled Nursing facilities  or  Intermediate
15    Care  facilities,  the  rates  taking  effect on July 1, 1999
16    shall include an increase of 1.6% and, for services  provided
17    on  or after October 1, 1999, shall be increased by $4.00 per
18    resident-day, as defined by the Department.
19        For facilities  licensed  by  the  Department  of  Public
20    Health  under  the Nursing Home Care Act as Intermediate Care
21    for the Developmentally Disabled facilities or Long Term Care
22    for Under Age 22 facilities, the rates taking effect on  July
23    1,  2000  shall include an increase of 2.5% per resident-day,
24    as defined by the Department.  For facilities licensed by the
25    Department of Public Health under the Nursing Home  Care  Act
26    as   Skilled   Nursing   facilities   or   Intermediate  Care
27    facilities, the rates taking effect on  July  1,  2000  shall
28    include  an  increase of 2.5% per resident-day, as defined by
29    the Department.
30        Rates established effective  each  July  1  shall  govern
31    payment  for  services  rendered throughout that fiscal year,
32    except that rates  established  on  July  1,  1996  shall  be
33    increased  by  6.8% for services provided on or after January
34    1, 1997.  Such rates will be based upon the rates  calculated
 
                            -3-                LRB9207841DJmg
 1    for the year beginning July 1, 1990, and for subsequent years
 2    thereafter  shall  be  based on the facility cost reports for
 3    the facility fiscal year ending at any point in  time  during
 4    the  previous  calendar  year, updated to the midpoint of the
 5    rate year.  The  cost  report  shall  be  on  file  with  the
 6    Department  no  later  than April 1 of the current rate year.
 7    Should the cost report  not  be  on  file  by  April  1,  the
 8    Department  shall  base  the  rate  on the latest cost report
 9    filed by each skilled care  facility  and  intermediate  care
10    facility,  updated  to the midpoint of the current rate year.
11    In determining rates for services rendered on and after  July
12    1,  1985, fixed time shall not be computed at less than zero.
13    The Department shall not make any alterations of  regulations
14    which  would  reduce  any component of the Medicaid rate to a
15    level below what that component would have been utilizing  in
16    the rate effective on July 1, 1984.
17        (2)  Shall take into account the actual costs incurred by
18    facilities  in  providing  services for recipients of skilled
19    nursing and intermediate  care  services  under  the  medical
20    assistance program.
21        (3)  Shall    take   into   account   the   medical   and
22    psycho-social characteristics and needs of the patients.
23        (4)  Shall take into account the actual costs incurred by
24    facilities in meeting licensing and  certification  standards
25    imposed  and  prescribed by the State of Illinois, any of its
26    political subdivisions or  municipalities  and  by  the  U.S.
27    Department of Health and Human Services pursuant to Title XIX
28    of the Social Security Act.
29        The  Department  of  Public  Aid  shall  develop  precise
30    standards  for  payments  to reimburse nursing facilities for
31    any utilization of appropriate rehabilitative  personnel  for
32    the  provision of rehabilitative services which is authorized
33    by federal regulations, including reimbursement for  services
34    provided by qualified therapists or qualified assistants, and
 
                            -4-                LRB9207841DJmg
 1    which  is in accordance with accepted professional practices.
 2    Reimbursement also may  be  made  for  utilization  of  other
 3    supportive personnel under appropriate supervision.
 4    (Source:  P.A. 90-9, eff. 7-1-97; 90-588, eff. 7-1-98; 91-24,
 5    eff. 7-1-99; 91-712, eff. 7-1-00.)

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

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