SB2341 103RD GENERAL ASSEMBLY

LRB103 28660 KTG 55041 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2341

Introduced 2/10/2023, by Sen. Dale Fowler

SYNOPSIS AS INTRODUCED:

305 ILCS 5/5-5.01a

Amends the Medical Assistance Article of the Illinois Public Aid Code. In provisions concerning the supportive living facilities program, provides that a facility selected by the Department of Healthcare and Family Services to participate in the supportive living facilities program may employ direct support persons who are at least 18 years of age and have successfully completed a direct support persons training program, approved by the Department of Human Services, within 120 days of their date of hire or the date they were first assigned direct support responsibilities at the facility. Requires the facility to check the Department of Public Health's Health Care Worker Registry to verify that an individual hired to provide direct support services is listed on the Registry as eligible to work for a health care employer. Provides that the responsibilities of a direct support person hired in accordance with the amendatory Act shall include, but not be limited to: (i) following and helping to carry out a facility resident's written service plan; (ii) providing personal care services to facility residents, including, but not limited to, bathing, eating, dressing, personal hygiene, grooming, toileting, ambulation, medication reminders, and assistance with transfer; (iii) observing a facility resident's functioning, maintaining written records of those observations, and reporting any changes to a licensed nurse on duty at the facility; and (iv) attending initial training and in-service training sessions and staff conferences.

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 5-5.01a as follows:

(305 ILCS 5/5-5.01a)

Sec. 5-5.01a. Supportive living facilities program.

(a) The Department shall establish and provide oversight for a program of supportive living facilities that seek to promote resident independence, dignity, respect, and well-being in the most cost-effective manner.

A supportive living facility is (i) a free-standing facility or (ii) a distinct physical and operational entity within a mixed-use building that meets the criteria established in subsection (d). A supportive living facility integrates housing with health, personal care, and supportive services and is a designated setting that offers residents their own separate, private, and distinct living units.

Sites for the operation of the program shall be selected by the Department based upon criteria that may include the need for services in a geographic area, the availability of funding, and the site's ability to meet the standards.

(b) Beginning July 1, 2014, subject to federal approval, the Medicaid rates for supportive living facilities shall be equal to the supportive living facility Medicaid rate effective on June 30, 2014 increased by 8.85%. Once the assessment imposed at Article V-G of this Code is determined to be a permissible tax under Title XIX of the Social Security Act, the Department shall increase the Medicaid rates for supportive living facilities effective on July 1, 2014 by 9.09%. The Department shall apply this increase retroactively to coincide with the imposition of the assessment in Article V-G of this Code in accordance with the approval for federal financial participation by the Centers for Medicare and Medicaid Services.

The Medicaid rates for supportive living facilities effective on July 1, 2017 must be equal to the rates in effect for supportive living facilities on June 30, 2017 increased by 2.8%.

The Medicaid rates for supportive living facilities effective on July 1, 2018 must be equal to the rates in effect for supportive living facilities on June 30, 2018.

Subject to federal approval, the Medicaid rates for supportive living services on and after July 1, 2019 must be at least 54.3% of the average total nursing facility services per diem for the geographic areas defined by the Department while maintaining the rate differential for dementia care and must be updated whenever the total nursing facility service per diems are updated. Beginning July 1, 2022, upon the implementation of the Patient Driven Payment Model, Medicaid rates for supportive living services must be at least 54.3% of the average total nursing services per diem rate for the geographic areas. For purposes of this provision, the average total nursing services per diem rate shall include all add-ons for nursing facilities for the geographic area provided for in Section 5-5.2. The rate differential for dementia care must be maintained in these rates and the rates shall be updated whenever nursing facility per diem rates are updated.

(c) The Department may adopt rules to implement this Section. Rules that establish or modify the services, standards, and conditions for participation in the program shall be adopted by the Department in consultation with the Department on Aging, the Department of Rehabilitation Services, and the Department of Mental Health and Developmental Disabilities (or their successor agencies).

(c-5) A facility selected by the Department to participate in the supportive living facilities program may employ direct support persons who are at least 18 years of age and have successfully completed a direct support persons training program, approved by the Department of Human Services, within 120 days of their date of hire or the date they were first assigned direct support responsibilities at the facility. The facility must check the Department of Public Health's Health Care Worker Registry to verify that an individual hired to provide direct support services is listed on the Registry as eligible to work for a health care employer. The responsibilities of a direct support person hired in accordance with this subsection shall include, but not be limited to:

(1) Following and helping to carry out a facility resident's written service plan.

(2) Providing personal care services to facility residents, including, but not limited to, bathing, eating, dressing, personal hygiene, grooming, toileting, ambulation, medication reminders, and assistance with transfer.

(3) Observing a facility resident's functioning, maintaining written records of those observations, and reporting any changes to a licensed nurse on duty at the facility.

(4) Attending initial training and in-service training sessions and staff conferences.

(d) Subject to federal approval by the Centers for Medicare and Medicaid Services, the Department shall accept for consideration of certification under the program any application for a site or building where distinct parts of the site or building are designated for purposes other than the provision of supportive living services, but only if:

(1) those distinct parts of the site or building are not designated for the purpose of providing assisted living services as required under the Assisted Living and Shared Housing Act;

(2) those distinct parts of the site or building are completely separate from the part of the building used for the provision of supportive living program services, including separate entrances;

(3) those distinct parts of the site or building do not share any common spaces with the part of the building used for the provision of supportive living program services; and

(4) those distinct parts of the site or building do not share staffing with the part of the building used for the provision of supportive living program services.

(e) Facilities or distinct parts of facilities which are selected as supportive living facilities and are in good standing with the Department's rules are exempt from the provisions of the Nursing Home Care Act and the Illinois Health Facilities Planning Act.

(f) Section 9817 of the American Rescue Plan Act of 2021 (Public Law 117-2) authorizes a 10% enhanced federal medical assistance percentage for supportive living services for a 12-month period from April 1, 2021 through March 31, 2022. Subject to federal approval, including the approval of any necessary waiver amendments or other federally required documents or assurances, for a 12-month period the Department must pay a supplemental $26 per diem rate to all supportive living facilities with the additional federal financial participation funds that result from the enhanced federal medical assistance percentage from April 1, 2021 through March 31, 2022. The Department may issue parameters around how the supplemental payment should be spent, including quality improvement activities. The Department may alter the form, methods, or timeframes concerning the supplemental per diem rate to comply with any subsequent changes to federal law, changes made by guidance issued by the federal Centers for Medicare and Medicaid Services, or other changes necessary to receive the enhanced federal medical assistance percentage.

(Source: P.A. 101-10, eff. 6-5-19; 102-43, eff. 7-6-21; 102-699, eff. 4-19-22.)