Sen. Heather A. Steans

Filed: 1/12/2021

 

 


 

 


 
10100HB0356sam002LRB101 05159 KTG 74838 a

1
AMENDMENT TO HOUSE BILL 356

2    AMENDMENT NO. ______. Amend House Bill 356 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Nursing Home Care Act is amended by
5changing Section 3-206 as follows:
 
6    (210 ILCS 45/3-206)  (from Ch. 111 1/2, par. 4153-206)
7    Sec. 3-206. The Department shall prescribe a curriculum for
8training nursing assistants, habilitation aides, and child
9care aides.
10    (a) No person, except a volunteer who receives no
11compensation from a facility and is not included for the
12purpose of meeting any staffing requirements set forth by the
13Department, shall act as a nursing assistant, habilitation
14aide, or child care aide in a facility, nor shall any person,
15under any other title, not licensed, certified, or registered
16to render medical care by the Department of Financial and

 

 

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1Professional Regulation, assist with the personal, medical, or
2nursing care of residents in a facility, unless such person
3meets the following requirements:
4        (1) Be at least 16 years of age, of temperate habits
5    and good moral character, honest, reliable and
6    trustworthy.
7        (2) Be able to speak and understand the English
8    language or a language understood by a substantial
9    percentage of the facility's residents.
10        (3) Provide evidence of employment or occupation, if
11    any, and residence for 2 years prior to his present
12    employment.
13        (4) Have completed at least 8 years of grade school or
14    provide proof of equivalent knowledge.
15        (5) Begin a current course of training for nursing
16    assistants, habilitation aides, or child care aides,
17    approved by the Department, within 45 days of initial
18    employment in the capacity of a nursing assistant,
19    habilitation aide, or child care aide at any facility. Such
20    courses of training shall be successfully completed within
21    120 days of initial employment in the capacity of nursing
22    assistant, habilitation aide, or child care aide at a
23    facility. Nursing assistants, habilitation aides, and
24    child care aides who are enrolled in approved courses in
25    community colleges or other educational institutions on a
26    term, semester or trimester basis, shall be exempt from the

 

 

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1    120-day completion time limit. The Department shall adopt
2    rules for such courses of training. These rules shall
3    include procedures for facilities to carry on an approved
4    course of training within the facility. The Department
5    shall allow an individual to satisfy the supervised
6    clinical experience requirement for placement on the
7    Health Care Worker Registry under 77 Ill. Adm. Code 300.663
8    through supervised clinical experience at an assisted
9    living establishment licensed under the Assisted Living
10    and Shared Housing Act. The Department shall adopt rules
11    requiring that the Health Care Worker Registry include
12    information identifying where an individual on the Health
13    Care Worker Registry received his or her clinical training.
14        The Department may accept comparable training in lieu
15    of the 120-hour course for student nurses, foreign nurses,
16    military personnel, or employees of the Department of Human
17    Services.
18        The Department shall accept on-the-job experience in
19    lieu of clinical training from any individual who
20    participated in the temporary nursing assistant program
21    and left the program in good standing, and the Department
22    shall notify all approved certified nurse assistant
23    training programs in the State of this requirement. The
24    individual shall receive one hour of credit for every hour
25    employed as a temporary nursing assistant, up to 40 total
26    hours, and shall be permitted 90 days after the date of

 

 

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1    employment as a certified nurse trainee to enroll in an
2    approved certified nursing assistant training program and
3    240 days to successfully complete the program. As used in
4    this Section, "temporary nursing assistant program" means
5    the program implemented by the Department of Public Health
6    by emergency rule, as listed in 44 Ill. Reg. 7936,
7    effective April 21, 2020.
8        The facility shall develop and implement procedures,
9    which shall be approved by the Department, for an ongoing
10    review process, which shall take place within the facility,
11    for nursing assistants, habilitation aides, and child care
12    aides.
13        At the time of each regularly scheduled licensure
14    survey, or at the time of a complaint investigation, the
15    Department may require any nursing assistant, habilitation
16    aide, or child care aide to demonstrate, either through
17    written examination or action, or both, sufficient
18    knowledge in all areas of required training. If such
19    knowledge is inadequate the Department shall require the
20    nursing assistant, habilitation aide, or child care aide to
21    complete inservice training and review in the facility
22    until the nursing assistant, habilitation aide, or child
23    care aide demonstrates to the Department, either through
24    written examination or action, or both, sufficient
25    knowledge in all areas of required training.
26        (6) Be familiar with and have general skills related to

 

 

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1    resident care.
2    (a-0.5) An educational entity, other than a secondary
3school, conducting a nursing assistant, habilitation aide, or
4child care aide training program shall initiate a criminal
5history record check in accordance with the Health Care Worker
6Background Check Act prior to entry of an individual into the
7training program. A secondary school may initiate a criminal
8history record check in accordance with the Health Care Worker
9Background Check Act at any time during or after a training
10program.
11    (a-1) Nursing assistants, habilitation aides, or child
12care aides seeking to be included on the Health Care Worker
13Registry under the Health Care Worker Background Check Act on
14or after January 1, 1996 must authorize the Department of
15Public Health or its designee to request a criminal history
16record check in accordance with the Health Care Worker
17Background Check Act and submit all necessary information. An
18individual may not newly be included on the Health Care Worker
19Registry unless a criminal history record check has been
20conducted with respect to the individual.
21    (b) Persons subject to this Section shall perform their
22duties under the supervision of a licensed nurse.
23    (c) It is unlawful for any facility to employ any person in
24the capacity of nursing assistant, habilitation aide, or child
25care aide, or under any other title, not licensed by the State
26of Illinois to assist in the personal, medical, or nursing care

 

 

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1of residents in such facility unless such person has complied
2with this Section.
3    (d) Proof of compliance by each employee with the
4requirements set out in this Section shall be maintained for
5each such employee by each facility in the individual personnel
6folder of the employee. Proof of training shall be obtained
7only from the Health Care Worker Registry.
8    (e) Each facility shall obtain access to the Health Care
9Worker Registry's web application, maintain the employment and
10demographic information relating to each employee, and verify
11by the category and type of employment that each employee
12subject to this Section meets all the requirements of this
13Section.
14    (f) Any facility that is operated under Section 3-803 shall
15be exempt from the requirements of this Section.
16    (g) Each skilled nursing and intermediate care facility
17that admits persons who are diagnosed as having Alzheimer's
18disease or related dementias shall require all nursing
19assistants, habilitation aides, or child care aides, who did
20not receive 12 hours of training in the care and treatment of
21such residents during the training required under paragraph (5)
22of subsection (a), to obtain 12 hours of in-house training in
23the care and treatment of such residents. If the facility does
24not provide the training in-house, the training shall be
25obtained from other facilities, community colleges or other
26educational institutions that have a recognized course for such

 

 

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1training. The Department shall, by rule, establish a recognized
2course for such training. The Department's rules shall provide
3that such training may be conducted in-house at each facility
4subject to the requirements of this subsection, in which case
5such training shall be monitored by the Department.
6    The Department's rules shall also provide for
7circumstances and procedures whereby any person who has
8received training that meets the requirements of this
9subsection shall not be required to undergo additional training
10if he or she is transferred to or obtains employment at a
11different facility or a facility other than a long-term care
12facility but remains continuously employed for pay as a nursing
13assistant, habilitation aide, or child care aide. Individuals
14who have performed no nursing or nursing-related services for a
15period of 24 consecutive months shall be listed as "inactive"
16and as such do not meet the requirements of this Section.
17Licensed sheltered care facilities shall be exempt from the
18requirements of this Section.
19    An individual employed during the COVID-19 pandemic as a
20nursing assistant in accordance with any Executive Orders,
21emergency rules, or policy memoranda related to COVID-19 shall
22be assumed to meet competency standards and may continue to be
23employed as a certified nurse assistant when the pandemic ends
24and the Executive Orders or emergency rules lapse. Such
25individuals shall be listed on the Department's Health Care
26Worker Registry website as "active".

 

 

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1(Source: P.A. 100-297, eff. 8-24-17; 100-432, eff. 8-25-17;
2100-863, eff. 8-14-18.)
 
3    Section 10. The Illinois Public Aid Code is amended by
4adding Section 5A-2.1 as follows:
 
5    (305 ILCS 5/5A-2.1 new)
6    Sec. 5A-2.1. Continuation of Section 5A-2 of this Code;
7validation.
8    (a) The General Assembly finds and declares that:
9        (1) Public Act 101-650, which took effect on July 7,
10    2020, contained provisions that would have changed the
11    repeal date for Section 5A-2 of this Act from July 1, 2020
12    to December 31, 2022.
13        (2) The Statute on Statutes sets forth general rules on
14    the repeal of statutes and the construction of multiple
15    amendments, but Section 1 of that Act also states that
16    these rules will not be observed when the result would be
17    "inconsistent with the manifest intent of the General
18    Assembly or repugnant to the context of the statute".
19        (3) This amendatory Act of the 101st General Assembly
20    manifests the intention of the General Assembly to extend
21    the repeal date for Section 5A-2 of this Code and have
22    Section 5A-2 of this Code, as amended by Public Act
23    101-650, continue in effect until December 31, 2022.
24    (b) Any construction of this Code that results in the

 

 

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1repeal of Section 5A-2 of this Code on July 1, 2020 would be
2inconsistent with the manifest intent of the General Assembly
3and repugnant to the context of this Code.
4    (c) It is hereby declared to have been the intent of the
5General Assembly that Section 5A-2 of this Code shall not be
6subject to repeal on July 1, 2020.
7    (d) Section 5A-2 of this Code shall be deemed to have been
8in continuous effect since July 8, 1992 (the effective date of
9Public Act 87-861), and it shall continue to be in effect, as
10amended by Public Act 101-650, until it is otherwise lawfully
11amended or repealed. All previously enacted amendments to the
12Section taking effect on or after July 8, 1992, are hereby
13validated.
14    (e) In order to ensure the continuing effectiveness of
15Section 5A-2 of this Code, that Section is set forth in full
16and reenacted by this amendatory Act of the 101st General
17Assembly. In this amendatory Act of the 101st General Assembly,
18the base text of the reenacted Section is set forth as amended
19by Public Act 101-650.
20    (f) All actions of the Illinois Department or any other
21person or entity taken in reliance on or pursuant to Section
225A-2 of this Code are hereby validated.
 
23    Section 15. The Illinois Public Aid Code is amended by
24reenacting Section 5A-2 as follows:
 

 

 

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1    (305 ILCS 5/5A-2)  (from Ch. 23, par. 5A-2)
2    Sec. 5A-2. Assessment.
3    (a)(1) Subject to Sections 5A-3 and 5A-10, for State fiscal
4years 2009 through 2018, or as long as continued under Section
55A-16, an annual assessment on inpatient services is imposed on
6each hospital provider in an amount equal to $218.38 multiplied
7by the difference of the hospital's occupied bed days less the
8hospital's Medicare bed days, provided, however, that the
9amount of $218.38 shall be increased by a uniform percentage to
10generate an amount equal to 75% of the State share of the
11payments authorized under Section 5A-12.5, with such increase
12only taking effect upon the date that a State share for such
13payments is required under federal law. For the period of April
14through June 2015, the amount of $218.38 used to calculate the
15assessment under this paragraph shall, by emergency rule under
16subsection (s) of Section 5-45 of the Illinois Administrative
17Procedure Act, be increased by a uniform percentage to generate
18$20,250,000 in the aggregate for that period from all hospitals
19subject to the annual assessment under this paragraph.
20    (2) In addition to any other assessments imposed under this
21Article, effective July 1, 2016 and semi-annually thereafter
22through June 2018, or as provided in Section 5A-16, in addition
23to any federally required State share as authorized under
24paragraph (1), the amount of $218.38 shall be increased by a
25uniform percentage to generate an amount equal to 75% of the
26ACA Assessment Adjustment, as defined in subsection (b-6) of

 

 

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1this Section.
2    For State fiscal years 2009 through 2018, or as provided in
3Section 5A-16, a hospital's occupied bed days and Medicare bed
4days shall be determined using the most recent data available
5from each hospital's 2005 Medicare cost report as contained in
6the Healthcare Cost Report Information System file, for the
7quarter ending on December 31, 2006, without regard to any
8subsequent adjustments or changes to such data. If a hospital's
92005 Medicare cost report is not contained in the Healthcare
10Cost Report Information System, then the Illinois Department
11may obtain the hospital provider's occupied bed days and
12Medicare bed days from any source available, including, but not
13limited to, records maintained by the hospital provider, which
14may be inspected at all times during business hours of the day
15by the Illinois Department or its duly authorized agents and
16employees.
17    (3) Subject to Sections 5A-3, 5A-10, and 5A-16, for State
18fiscal years 2019 and 2020, an annual assessment on inpatient
19services is imposed on each hospital provider in an amount
20equal to $197.19 multiplied by the difference of the hospital's
21occupied bed days less the hospital's Medicare bed days. For
22State fiscal years 2019 and 2020, a hospital's occupied bed
23days and Medicare bed days shall be determined using the most
24recent data available from each hospital's 2015 Medicare cost
25report as contained in the Healthcare Cost Report Information
26System file, for the quarter ending on March 31, 2017, without

 

 

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1regard to any subsequent adjustments or changes to such data.
2If a hospital's 2015 Medicare cost report is not contained in
3the Healthcare Cost Report Information System, then the
4Illinois Department may obtain the hospital provider's
5occupied bed days and Medicare bed days from any source
6available, including, but not limited to, records maintained by
7the hospital provider, which may be inspected at all times
8during business hours of the day by the Illinois Department or
9its duly authorized agents and employees. Notwithstanding any
10other provision in this Article, for a hospital provider that
11did not have a 2015 Medicare cost report, but paid an
12assessment in State fiscal year 2018 on the basis of
13hypothetical data, that assessment amount shall be used for
14State fiscal years 2019 and 2020.
15    (4) Subject to Sections 5A-3 and 5A-10, for the period of
16July 1, 2020 through December 31, 2020 and calendar years 2021
17and 2022, an annual assessment on inpatient services is imposed
18on each hospital provider in an amount equal to $221.50
19multiplied by the difference of the hospital's occupied bed
20days less the hospital's Medicare bed days, provided however:
21for the period of July 1, 2020 through December 31, 2020, (i)
22the assessment shall be equal to 50% of the annual amount; and
23(ii) the amount of $221.50 shall be retroactively adjusted by a
24uniform percentage to generate an amount equal to 50% of the
25Assessment Adjustment, as defined in subsection (b-7). For the
26period of July 1, 2020 through December 31, 2020 and calendar

 

 

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1years 2021 and 2022, a hospital's occupied bed days and
2Medicare bed days shall be determined using the most recent
3data available from each hospital's 2015 Medicare cost report
4as contained in the Healthcare Cost Report Information System
5file, for the quarter ending on March 31, 2017, without regard
6to any subsequent adjustments or changes to such data. If a
7hospital's 2015 Medicare cost report is not contained in the
8Healthcare Cost Report Information System, then the Illinois
9Department may obtain the hospital provider's occupied bed days
10and Medicare bed days from any source available, including, but
11not limited to, records maintained by the hospital provider,
12which may be inspected at all times during business hours of
13the day by the Illinois Department or its duly authorized
14agents and employees. Should the change in the assessment
15methodology for fiscal years 2021 through December 31, 2022 not
16be approved on or before June 30, 2020, the assessment and
17payments under this Article in effect for fiscal year 2020
18shall remain in place until the new assessment is approved. If
19the assessment methodology for July 1, 2020 through December
2031, 2022, is approved on or after July 1, 2020, it shall be
21retroactive to July 1, 2020, subject to federal approval and
22provided that the payments authorized under Section 5A-12.7
23have the same effective date as the new assessment methodology.
24In giving retroactive effect to the assessment approved after
25June 30, 2020, credit toward the new assessment shall be given
26for any payments of the previous assessment for periods after

 

 

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1June 30, 2020. Notwithstanding any other provision of this
2Article, for a hospital provider that did not have a 2015
3Medicare cost report, but paid an assessment in State Fiscal
4Year 2020 on the basis of hypothetical data, the data that was
5the basis for the 2020 assessment shall be used to calculate
6the assessment under this paragraph.
7    (b) (Blank).
8    (b-5)(1) Subject to Sections 5A-3 and 5A-10, for the
9portion of State fiscal year 2012, beginning June 10, 2012
10through June 30, 2012, and for State fiscal years 2013 through
112018, or as provided in Section 5A-16, an annual assessment on
12outpatient services is imposed on each hospital provider in an
13amount equal to .008766 multiplied by the hospital's outpatient
14gross revenue, provided, however, that the amount of .008766
15shall be increased by a uniform percentage to generate an
16amount equal to 25% of the State share of the payments
17authorized under Section 5A-12.5, with such increase only
18taking effect upon the date that a State share for such
19payments is required under federal law. For the period
20beginning June 10, 2012 through June 30, 2012, the annual
21assessment on outpatient services shall be prorated by
22multiplying the assessment amount by a fraction, the numerator
23of which is 21 days and the denominator of which is 365 days.
24For the period of April through June 2015, the amount of
25.008766 used to calculate the assessment under this paragraph
26shall, by emergency rule under subsection (s) of Section 5-45

 

 

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1of the Illinois Administrative Procedure Act, be increased by a
2uniform percentage to generate $6,750,000 in the aggregate for
3that period from all hospitals subject to the annual assessment
4under this paragraph.
5    (2) In addition to any other assessments imposed under this
6Article, effective July 1, 2016 and semi-annually thereafter
7through June 2018, in addition to any federally required State
8share as authorized under paragraph (1), the amount of .008766
9shall be increased by a uniform percentage to generate an
10amount equal to 25% of the ACA Assessment Adjustment, as
11defined in subsection (b-6) of this Section.
12    For the portion of State fiscal year 2012, beginning June
1310, 2012 through June 30, 2012, and State fiscal years 2013
14through 2018, or as provided in Section 5A-16, a hospital's
15outpatient gross revenue shall be determined using the most
16recent data available from each hospital's 2009 Medicare cost
17report as contained in the Healthcare Cost Report Information
18System file, for the quarter ending on June 30, 2011, without
19regard to any subsequent adjustments or changes to such data.
20If a hospital's 2009 Medicare cost report is not contained in
21the Healthcare Cost Report Information System, then the
22Department may obtain the hospital provider's outpatient gross
23revenue from any source available, including, but not limited
24to, records maintained by the hospital provider, which may be
25inspected at all times during business hours of the day by the
26Department or its duly authorized agents and employees.

 

 

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1    (3) Subject to Sections 5A-3, 5A-10, and 5A-16, for State
2fiscal years 2019 and 2020, an annual assessment on outpatient
3services is imposed on each hospital provider in an amount
4equal to .01358 multiplied by the hospital's outpatient gross
5revenue. For State fiscal years 2019 and 2020, a hospital's
6outpatient gross revenue shall be determined using the most
7recent data available from each hospital's 2015 Medicare cost
8report as contained in the Healthcare Cost Report Information
9System file, for the quarter ending on March 31, 2017, without
10regard to any subsequent adjustments or changes to such data.
11If a hospital's 2015 Medicare cost report is not contained in
12the Healthcare Cost Report Information System, then the
13Department may obtain the hospital provider's outpatient gross
14revenue from any source available, including, but not limited
15to, records maintained by the hospital provider, which may be
16inspected at all times during business hours of the day by the
17Department or its duly authorized agents and employees.
18Notwithstanding any other provision in this Article, for a
19hospital provider that did not have a 2015 Medicare cost
20report, but paid an assessment in State fiscal year 2018 on the
21basis of hypothetical data, that assessment amount shall be
22used for State fiscal years 2019 and 2020.
23    (4) Subject to Sections 5A-3 and 5A-10, for the period of
24July 1, 2020 through December 31, 2020 and calendar years 2021
25and 2022, an annual assessment on outpatient services is
26imposed on each hospital provider in an amount equal to .01525

 

 

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1multiplied by the hospital's outpatient gross revenue,
2provided however: (i) for the period of July 1, 2020 through
3December 31, 2020, the assessment shall be equal to 50% of the
4annual amount; and (ii) the amount of .01525 shall be
5retroactively adjusted by a uniform percentage to generate an
6amount equal to 50% of the Assessment Adjustment, as defined in
7subsection (b-7). For the period of July 1, 2020 through
8December 31, 2020 and calendar years 2021 and 2022, a
9hospital's outpatient gross revenue shall be determined using
10the most recent data available from each hospital's 2015
11Medicare cost report as contained in the Healthcare Cost Report
12Information System file, for the quarter ending on March 31,
132017, without regard to any subsequent adjustments or changes
14to such data. If a hospital's 2015 Medicare cost report is not
15contained in the Healthcare Cost Report Information System,
16then the Illinois Department may obtain the hospital provider's
17outpatient revenue data from any source available, including,
18but not limited to, records maintained by the hospital
19provider, which may be inspected at all times during business
20hours of the day by the Illinois Department or its duly
21authorized agents and employees. Should the change in the
22assessment methodology above for fiscal years 2021 through
23calendar year 2022 not be approved prior to July 1, 2020, the
24assessment and payments under this Article in effect for fiscal
25year 2020 shall remain in place until the new assessment is
26approved. If the change in the assessment methodology above for

 

 

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1July 1, 2020 through December 31, 2022, is approved after June
230, 2020, it shall have a retroactive effective date of July 1,
32020, subject to federal approval and provided that the
4payments authorized under Section 12A-7 have the same effective
5date as the new assessment methodology. In giving retroactive
6effect to the assessment approved after June 30, 2020, credit
7toward the new assessment shall be given for any payments of
8the previous assessment for periods after June 30, 2020.
9Notwithstanding any other provision of this Article, for a
10hospital provider that did not have a 2015 Medicare cost
11report, but paid an assessment in State Fiscal Year 2020 on the
12basis of hypothetical data, the data that was the basis for the
132020 assessment shall be used to calculate the assessment under
14this paragraph.
15    (b-6)(1) As used in this Section, "ACA Assessment
16Adjustment" means:
17        (A) For the period of July 1, 2016 through December 31,
18    2016, the product of .19125 multiplied by the sum of the
19    fee-for-service payments to hospitals as authorized under
20    Section 5A-12.5 and the adjustments authorized under
21    subsection (t) of Section 5A-12.2 to managed care
22    organizations for hospital services due and payable in the
23    month of April 2016 multiplied by 6.
24        (B) For the period of January 1, 2017 through June 30,
25    2017, the product of .19125 multiplied by the sum of the
26    fee-for-service payments to hospitals as authorized under

 

 

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1    Section 5A-12.5 and the adjustments authorized under
2    subsection (t) of Section 5A-12.2 to managed care
3    organizations for hospital services due and payable in the
4    month of October 2016 multiplied by 6, except that the
5    amount calculated under this subparagraph (B) shall be
6    adjusted, either positively or negatively, to account for
7    the difference between the actual payments issued under
8    Section 5A-12.5 for the period beginning July 1, 2016
9    through December 31, 2016 and the estimated payments due
10    and payable in the month of April 2016 multiplied by 6 as
11    described in subparagraph (A).
12        (C) For the period of July 1, 2017 through December 31,
13    2017, the product of .19125 multiplied by the sum of the
14    fee-for-service payments to hospitals as authorized under
15    Section 5A-12.5 and the adjustments authorized under
16    subsection (t) of Section 5A-12.2 to managed care
17    organizations for hospital services due and payable in the
18    month of April 2017 multiplied by 6, except that the amount
19    calculated under this subparagraph (C) shall be adjusted,
20    either positively or negatively, to account for the
21    difference between the actual payments issued under
22    Section 5A-12.5 for the period beginning January 1, 2017
23    through June 30, 2017 and the estimated payments due and
24    payable in the month of October 2016 multiplied by 6 as
25    described in subparagraph (B).
26        (D) For the period of January 1, 2018 through June 30,

 

 

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1    2018, the product of .19125 multiplied by the sum of the
2    fee-for-service payments to hospitals as authorized under
3    Section 5A-12.5 and the adjustments authorized under
4    subsection (t) of Section 5A-12.2 to managed care
5    organizations for hospital services due and payable in the
6    month of October 2017 multiplied by 6, except that:
7            (i) the amount calculated under this subparagraph
8        (D) shall be adjusted, either positively or
9        negatively, to account for the difference between the
10        actual payments issued under Section 5A-12.5 for the
11        period of July 1, 2017 through December 31, 2017 and
12        the estimated payments due and payable in the month of
13        April 2017 multiplied by 6 as described in subparagraph
14        (C); and
15            (ii) the amount calculated under this subparagraph
16        (D) shall be adjusted to include the product of .19125
17        multiplied by the sum of the fee-for-service payments,
18        if any, estimated to be paid to hospitals under
19        subsection (b) of Section 5A-12.5.
20    (2) The Department shall complete and apply a final
21reconciliation of the ACA Assessment Adjustment prior to June
2230, 2018 to account for:
23        (A) any differences between the actual payments issued
24    or scheduled to be issued prior to June 30, 2018 as
25    authorized in Section 5A-12.5 for the period of January 1,
26    2018 through June 30, 2018 and the estimated payments due

 

 

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1    and payable in the month of October 2017 multiplied by 6 as
2    described in subparagraph (D); and
3        (B) any difference between the estimated
4    fee-for-service payments under subsection (b) of Section
5    5A-12.5 and the amount of such payments that are actually
6    scheduled to be paid.
7    The Department shall notify hospitals of any additional
8amounts owed or reduction credits to be applied to the June
92018 ACA Assessment Adjustment. This is to be considered the
10final reconciliation for the ACA Assessment Adjustment.
11    (3) Notwithstanding any other provision of this Section, if
12for any reason the scheduled payments under subsection (b) of
13Section 5A-12.5 are not issued in full by the final day of the
14period authorized under subsection (b) of Section 5A-12.5,
15funds collected from each hospital pursuant to subparagraph (D)
16of paragraph (1) and pursuant to paragraph (2), attributable to
17the scheduled payments authorized under subsection (b) of
18Section 5A-12.5 that are not issued in full by the final day of
19the period attributable to each payment authorized under
20subsection (b) of Section 5A-12.5, shall be refunded.
21    (4) The increases authorized under paragraph (2) of
22subsection (a) and paragraph (2) of subsection (b-5) shall be
23limited to the federally required State share of the total
24payments authorized under Section 5A-12.5 if the sum of such
25payments yields an annualized amount equal to or less than
26$450,000,000, or if the adjustments authorized under

 

 

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1subsection (t) of Section 5A-12.2 are found not to be
2actuarially sound; however, this limitation shall not apply to
3the fee-for-service payments described in subsection (b) of
4Section 5A-12.5.
5    (b-7)(1) As used in this Section, "Assessment Adjustment"
6means:
7        (A) For the period of July 1, 2020 through December 31,
8    2020, the product of .3853 multiplied by the total of the
9    actual payments made under subsections (c) through (k) of
10    Section 5A-12.7 attributable to the period, less the total
11    of the assessment imposed under subsections (a) and (b-5)
12    of this Section for the period.
13        (B) For each calendar quarter beginning on and after
14    January 1, 2021, the product of .3853 multiplied by the
15    total of the actual payments made under subsections (c)
16    through (k) of Section 5A-12.7 attributable to the period,
17    less the total of the assessment imposed under subsections
18    (a) and (b-5) of this Section for the period.
19    (2) The Department shall calculate and notify each hospital
20of the total Assessment Adjustment and any additional
21assessment owed by the hospital or refund owed to the hospital
22on either a semi-annual or annual basis. Such notice shall be
23issued at least 30 days prior to any period in which the
24assessment will be adjusted. Any additional assessment owed by
25the hospital or refund owed to the hospital shall be uniformly
26applied to the assessment owed by the hospital in monthly

 

 

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1installments for the subsequent semi-annual period or calendar
2year. If no assessment is owed in the subsequent year, any
3amount owed by the hospital or refund due to the hospital,
4shall be paid in a lump sum.
5    (3) The Department shall publish all details of the
6Assessment Adjustment calculation performed each year on its
7website within 30 days of completing the calculation, and also
8submit the details of the Assessment Adjustment calculation as
9part of the Department's annual report to the General Assembly.
10    (c) (Blank).
11    (d) Notwithstanding any of the other provisions of this
12Section, the Department is authorized to adopt rules to reduce
13the rate of any annual assessment imposed under this Section,
14as authorized by Section 5-46.2 of the Illinois Administrative
15Procedure Act.
16    (e) Notwithstanding any other provision of this Section,
17any plan providing for an assessment on a hospital provider as
18a permissible tax under Title XIX of the federal Social
19Security Act and Medicaid-eligible payments to hospital
20providers from the revenues derived from that assessment shall
21be reviewed by the Illinois Department of Healthcare and Family
22Services, as the Single State Medicaid Agency required by
23federal law, to determine whether those assessments and
24hospital provider payments meet federal Medicaid standards. If
25the Department determines that the elements of the plan may
26meet federal Medicaid standards and a related State Medicaid

 

 

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1Plan Amendment is prepared in a manner and form suitable for
2submission, that State Plan Amendment shall be submitted in a
3timely manner for review by the Centers for Medicare and
4Medicaid Services of the United States Department of Health and
5Human Services and subject to approval by the Centers for
6Medicare and Medicaid Services of the United States Department
7of Health and Human Services. No such plan shall become
8effective without approval by the Illinois General Assembly by
9the enactment into law of related legislation. Notwithstanding
10any other provision of this Section, the Department is
11authorized to adopt rules to reduce the rate of any annual
12assessment imposed under this Section. Any such rules may be
13adopted by the Department under Section 5-50 of the Illinois
14Administrative Procedure Act.
15(Source: P.A. 100-581, eff. 3-12-18; 101-10, eff. 6-5-19;
16101-650, eff. 7-7-20.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".