100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1773

 

Introduced 2/9/2017, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/5-5.4g

    Amends the Medical Assistance Article of the Illinois Public Aid Code. In a provision permitting a nursing facility to appeal a change in its Minimum Data Set rate, provides that the facility shall be permitted to offer any and all additional documentation during the appeal hearing that is necessary to refute the State's findings (rather than the facility may not offer any additional documentation during the appeal hearing, but may identify documentation provided during the on-site review that may support a specific area of documentation deemed deficient by the Department of Healthcare and Family Services).


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5changing Section 5-5.4g as follows:
 
6    (305 ILCS 5/5-5.4g)
7    Sec. 5-5.4g. Minimum Data Set (MDS) Compliance Review;
8preliminary findings. The Department shall establish by rule a
9procedure for sharing preliminary Minimum Data Set (MDS)
10Compliance Review findings with nursing facilities prior to
11completion of the on-site review. The procedure shall include,
12but not be limited to, notification to a nursing facility of
13specific areas of missing documentation required under 89 Ill.
14Adm. Code 147.75 and the federally mandated resident assessment
15instrument as specified in 42 CFR 483.20 likely to be
16determined deficient upon conclusion of the Department's
17quality assurance review process. Prior to the conclusion of
18the on-site review, the facility shall be given the opportunity
19to address the specific areas of missing documentation. A
20facility disputing any rate change may submit an appeal request
21pursuant to provisions established at 89 Ill. Adm. Code
22140.830. An appeal hearing may be requested if the facility
23believes that the basis for reducing the facility's MDS rate

 

 

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1was in error. The facility shall be permitted to may not offer
2any and all additional documentation during the appeal hearing
3that is necessary to refute the State's findings. , but may
4identify documentation provided during the on-site review that
5may support a specific area of documentation deemed deficient
6by the Department.
7(Source: P.A. 96-1317, eff. 7-27-10; 97-333, eff. 8-12-11.)