Sen. Heather A. Steans

Filed: 1/12/2021

 

 


 

 


 
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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    during the COVID-19 pandemic before the end date of the
22    temporary nursing assistant program and left the program in
23    good standing, and the Department shall notify all approved
24    certified nurse assistant training programs in the State of
25    this requirement. The individual shall receive one hour of
26    credit for every hour employed as a temporary nursing

 

 

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1    assistant, up to 40 total hours, and shall be permitted 90
2    days after the end date of the temporary nursing assistant
3    program to enroll in an approved certified nursing
4    assistant training program and 240 days to successfully
5    complete the certified nursing assistant training program.
6    Temporary nursing assistants who enroll in a certified
7    nursing assistant training program within 90 days of the
8    end of the temporary nursing assistant program may continue
9    to work as a nursing assistant for up to 240 days after
10    enrollment in the certified nursing assistant training
11    program. As used in this Section, "temporary nursing
12    assistant program" means the program implemented by the
13    Department of Public Health by emergency rule, as listed in
14    44 Ill. Reg. 7936, effective April 21, 2020.
15        The facility shall develop and implement procedures,
16    which shall be approved by the Department, for an ongoing
17    review process, which shall take place within the facility,
18    for nursing assistants, habilitation aides, and child care
19    aides.
20        At the time of each regularly scheduled licensure
21    survey, or at the time of a complaint investigation, the
22    Department may require any nursing assistant, habilitation
23    aide, or child care aide to demonstrate, either through
24    written examination or action, or both, sufficient
25    knowledge in all areas of required training. If such
26    knowledge is inadequate the Department shall require the

 

 

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1    nursing assistant, habilitation aide, or child care aide to
2    complete inservice training and review in the facility
3    until the nursing assistant, habilitation aide, or child
4    care aide demonstrates to the Department, either through
5    written examination or action, or both, sufficient
6    knowledge in all areas of required training.
7        (6) Be familiar with and have general skills related to
8    resident care.
9    (a-0.5) An educational entity, other than a secondary
10school, conducting a nursing assistant, habilitation aide, or
11child care aide training program shall initiate a criminal
12history record check in accordance with the Health Care Worker
13Background Check Act prior to entry of an individual into the
14training program. A secondary school may initiate a criminal
15history record check in accordance with the Health Care Worker
16Background Check Act at any time during or after a training
17program.
18    (a-1) Nursing assistants, habilitation aides, or child
19care aides seeking to be included on the Health Care Worker
20Registry under the Health Care Worker Background Check Act on
21or after January 1, 1996 must authorize the Department of
22Public Health or its designee to request a criminal history
23record check in accordance with the Health Care Worker
24Background Check Act and submit all necessary information. An
25individual may not newly be included on the Health Care Worker
26Registry unless a criminal history record check has been

 

 

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1conducted with respect to the individual.
2    (b) Persons subject to this Section shall perform their
3duties under the supervision of a licensed nurse.
4    (c) It is unlawful for any facility to employ any person in
5the capacity of nursing assistant, habilitation aide, or child
6care aide, or under any other title, not licensed by the State
7of Illinois to assist in the personal, medical, or nursing care
8of residents in such facility unless such person has complied
9with this Section.
10    (d) Proof of compliance by each employee with the
11requirements set out in this Section shall be maintained for
12each such employee by each facility in the individual personnel
13folder of the employee. Proof of training shall be obtained
14only from the Health Care Worker Registry.
15    (e) Each facility shall obtain access to the Health Care
16Worker Registry's web application, maintain the employment and
17demographic information relating to each employee, and verify
18by the category and type of employment that each employee
19subject to this Section meets all the requirements of this
20Section.
21    (f) Any facility that is operated under Section 3-803 shall
22be exempt from the requirements of this Section.
23    (g) Each skilled nursing and intermediate care facility
24that admits persons who are diagnosed as having Alzheimer's
25disease or related dementias shall require all nursing
26assistants, habilitation aides, or child care aides, who did

 

 

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1not receive 12 hours of training in the care and treatment of
2such residents during the training required under paragraph (5)
3of subsection (a), to obtain 12 hours of in-house training in
4the care and treatment of such residents. If the facility does
5not provide the training in-house, the training shall be
6obtained from other facilities, community colleges or other
7educational institutions that have a recognized course for such
8training. The Department shall, by rule, establish a recognized
9course for such training. The Department's rules shall provide
10that such training may be conducted in-house at each facility
11subject to the requirements of this subsection, in which case
12such training shall be monitored by the Department.
13    The Department's rules shall also provide for
14circumstances and procedures whereby any person who has
15received training that meets the requirements of this
16subsection shall not be required to undergo additional training
17if he or she is transferred to or obtains employment at a
18different facility or a facility other than a long-term care
19facility but remains continuously employed for pay as a nursing
20assistant, habilitation aide, or child care aide. Individuals
21who have performed no nursing or nursing-related services for a
22period of 24 consecutive months shall be listed as "inactive"
23and as such do not meet the requirements of this Section.
24Licensed sheltered care facilities shall be exempt from the
25requirements of this Section.
26    An individual employed during the COVID-19 pandemic as a

 

 

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1nursing assistant in accordance with any Executive Orders,
2emergency rules, or policy memoranda related to COVID-19 shall
3be assumed to meet competency standards and may continue to be
4employed as a certified nurse assistant when the pandemic ends
5and the Executive Orders or emergency rules lapse. Such
6individuals shall be listed on the Department's Health Care
7Worker Registry website as "active".
8(Source: P.A. 100-297, eff. 8-24-17; 100-432, eff. 8-25-17;
9100-863, eff. 8-14-18.)
 
10    Section 10. The Illinois Public Aid Code is amended by
11adding Section 5A-2.1 as follows:
 
12    (305 ILCS 5/5A-2.1 new)
13    Sec. 5A-2.1. Continuation of Section 5A-2 of this Code;
14validation.
15    (a) The General Assembly finds and declares that:
16        (1) Public Act 101-650, which took effect on July 7,
17    2020, contained provisions that would have changed the
18    repeal date for Section 5A-2 of this Act from July 1, 2020
19    to December 31, 2022.
20        (2) The Statute on Statutes sets forth general rules on
21    the repeal of statutes and the construction of multiple
22    amendments, but Section 1 of that Act also states that
23    these rules will not be observed when the result would be
24    "inconsistent with the manifest intent of the General

 

 

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1    Assembly or repugnant to the context of the statute".
2        (3) This amendatory Act of the 101st General Assembly
3    manifests the intention of the General Assembly to extend
4    the repeal date for Section 5A-2 of this Code and have
5    Section 5A-2 of this Code, as amended by Public Act
6    101-650, continue in effect until December 31, 2022.
7    (b) Any construction of this Code that results in the
8repeal of Section 5A-2 of this Code on July 1, 2020 would be
9inconsistent with the manifest intent of the General Assembly
10and repugnant to the context of this Code.
11    (c) It is hereby declared to have been the intent of the
12General Assembly that Section 5A-2 of this Code shall not be
13subject to repeal on July 1, 2020.
14    (d) Section 5A-2 of this Code shall be deemed to have been
15in continuous effect since July 8, 1992 (the effective date of
16Public Act 87-861), and it shall continue to be in effect, as
17amended by Public Act 101-650, until it is otherwise lawfully
18amended or repealed. All previously enacted amendments to the
19Section taking effect on or after July 8, 1992, are hereby
20validated.
21    (e) In order to ensure the continuing effectiveness of
22Section 5A-2 of this Code, that Section is set forth in full
23and reenacted by this amendatory Act of the 101st General
24Assembly. In this amendatory Act of the 101st General Assembly,
25the base text of the reenacted Section is set forth as amended
26by Public Act 101-650.

 

 

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1    (f) All actions of the Illinois Department or any other
2person or entity taken in reliance on or pursuant to Section
35A-2 of this Code are hereby validated.
 
4    Section 15. The Illinois Public Aid Code is amended by
5reenacting Section 5A-2 as follows:
 
6    (305 ILCS 5/5A-2)  (from Ch. 23, par. 5A-2)
7    Sec. 5A-2. Assessment.
8    (a)(1) Subject to Sections 5A-3 and 5A-10, for State fiscal
9years 2009 through 2018, or as long as continued under Section
105A-16, an annual assessment on inpatient services is imposed on
11each hospital provider in an amount equal to $218.38 multiplied
12by the difference of the hospital's occupied bed days less the
13hospital's Medicare bed days, provided, however, that the
14amount of $218.38 shall be increased by a uniform percentage to
15generate an amount equal to 75% of the State share of the
16payments authorized under Section 5A-12.5, with such increase
17only taking effect upon the date that a State share for such
18payments is required under federal law. For the period of April
19through June 2015, the amount of $218.38 used to calculate the
20assessment under this paragraph shall, by emergency rule under
21subsection (s) of Section 5-45 of the Illinois Administrative
22Procedure Act, be increased by a uniform percentage to generate
23$20,250,000 in the aggregate for that period from all hospitals
24subject to the annual assessment under this paragraph.

 

 

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1    (2) In addition to any other assessments imposed under this
2Article, effective July 1, 2016 and semi-annually thereafter
3through June 2018, or as provided in Section 5A-16, in addition
4to any federally required State share as authorized under
5paragraph (1), the amount of $218.38 shall be increased by a
6uniform percentage to generate an amount equal to 75% of the
7ACA Assessment Adjustment, as defined in subsection (b-6) of
8this Section.
9    For State fiscal years 2009 through 2018, or as provided in
10Section 5A-16, a hospital's occupied bed days and Medicare bed
11days shall be determined using the most recent data available
12from each hospital's 2005 Medicare cost report as contained in
13the Healthcare Cost Report Information System file, for the
14quarter ending on December 31, 2006, without regard to any
15subsequent adjustments or changes to such data. If a hospital's
162005 Medicare cost report is not contained in the Healthcare
17Cost Report Information System, then the Illinois Department
18may obtain the hospital provider's occupied bed days and
19Medicare bed days from any source available, including, but not
20limited to, records maintained by the hospital provider, which
21may be inspected at all times during business hours of the day
22by the Illinois Department or its duly authorized agents and
23employees.
24    (3) Subject to Sections 5A-3, 5A-10, and 5A-16, for State
25fiscal years 2019 and 2020, an annual assessment on inpatient
26services is imposed on each hospital provider in an amount

 

 

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1equal to $197.19 multiplied by the difference of the hospital's
2occupied bed days less the hospital's Medicare bed days. For
3State fiscal years 2019 and 2020, a hospital's occupied bed
4days and Medicare bed days shall be determined using the most
5recent data available from each hospital's 2015 Medicare cost
6report as contained in the Healthcare Cost Report Information
7System file, for the quarter ending on March 31, 2017, without
8regard to any subsequent adjustments or changes to such data.
9If a hospital's 2015 Medicare cost report is not contained in
10the Healthcare Cost Report Information System, then the
11Illinois Department may obtain the hospital provider's
12occupied bed days and Medicare bed days from any source
13available, including, but not limited to, records maintained by
14the hospital provider, which may be inspected at all times
15during business hours of the day by the Illinois Department or
16its duly authorized agents and employees. Notwithstanding any
17other provision in this Article, for a hospital provider that
18did not have a 2015 Medicare cost report, but paid an
19assessment in State fiscal year 2018 on the basis of
20hypothetical data, that assessment amount shall be used for
21State fiscal years 2019 and 2020.
22    (4) Subject to Sections 5A-3 and 5A-10, for the period of
23July 1, 2020 through December 31, 2020 and calendar years 2021
24and 2022, an annual assessment on inpatient services is imposed
25on each hospital provider in an amount equal to $221.50
26multiplied by the difference of the hospital's occupied bed

 

 

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1days less the hospital's Medicare bed days, provided however:
2for the period of July 1, 2020 through December 31, 2020, (i)
3the assessment shall be equal to 50% of the annual amount; and
4(ii) the amount of $221.50 shall be retroactively adjusted by a
5uniform percentage to generate an amount equal to 50% of the
6Assessment Adjustment, as defined in subsection (b-7). For the
7period of July 1, 2020 through December 31, 2020 and calendar
8years 2021 and 2022, a hospital's occupied bed days and
9Medicare bed days shall be determined using the most recent
10data available from each hospital's 2015 Medicare cost report
11as contained in the Healthcare Cost Report Information System
12file, for the quarter ending on March 31, 2017, without regard
13to any subsequent adjustments or changes to such data. If a
14hospital's 2015 Medicare cost report is not contained in the
15Healthcare Cost Report Information System, then the Illinois
16Department may obtain the hospital provider's occupied bed days
17and Medicare bed days from any source available, including, but
18not limited to, records maintained by the hospital provider,
19which may be inspected at all times during business hours of
20the day by the Illinois Department or its duly authorized
21agents and employees. Should the change in the assessment
22methodology for fiscal years 2021 through December 31, 2022 not
23be approved on or before June 30, 2020, the assessment and
24payments under this Article in effect for fiscal year 2020
25shall remain in place until the new assessment is approved. If
26the assessment methodology for July 1, 2020 through December

 

 

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131, 2022, is approved on or after July 1, 2020, it shall be
2retroactive to July 1, 2020, subject to federal approval and
3provided that the payments authorized under Section 5A-12.7
4have the same effective date as the new assessment methodology.
5In giving retroactive effect to the assessment approved after
6June 30, 2020, credit toward the new assessment shall be given
7for any payments of the previous assessment for periods after
8June 30, 2020. Notwithstanding any other provision of this
9Article, for a hospital provider that did not have a 2015
10Medicare cost report, but paid an assessment in State Fiscal
11Year 2020 on the basis of hypothetical data, the data that was
12the basis for the 2020 assessment shall be used to calculate
13the assessment under this paragraph.
14    (b) (Blank).
15    (b-5)(1) Subject to Sections 5A-3 and 5A-10, for the
16portion of State fiscal year 2012, beginning June 10, 2012
17through June 30, 2012, and for State fiscal years 2013 through
182018, or as provided in Section 5A-16, an annual assessment on
19outpatient services is imposed on each hospital provider in an
20amount equal to .008766 multiplied by the hospital's outpatient
21gross revenue, provided, however, that the amount of .008766
22shall be increased by a uniform percentage to generate an
23amount equal to 25% of the State share of the payments
24authorized under Section 5A-12.5, with such increase only
25taking effect upon the date that a State share for such
26payments is required under federal law. For the period

 

 

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1beginning June 10, 2012 through June 30, 2012, the annual
2assessment on outpatient services shall be prorated by
3multiplying the assessment amount by a fraction, the numerator
4of which is 21 days and the denominator of which is 365 days.
5For the period of April through June 2015, the amount of
6.008766 used to calculate the assessment under this paragraph
7shall, by emergency rule under subsection (s) of Section 5-45
8of the Illinois Administrative Procedure Act, be increased by a
9uniform percentage to generate $6,750,000 in the aggregate for
10that period from all hospitals subject to the annual assessment
11under this paragraph.
12    (2) In addition to any other assessments imposed under this
13Article, effective July 1, 2016 and semi-annually thereafter
14through June 2018, in addition to any federally required State
15share as authorized under paragraph (1), the amount of .008766
16shall be increased by a uniform percentage to generate an
17amount equal to 25% of the ACA Assessment Adjustment, as
18defined in subsection (b-6) of this Section.
19    For the portion of State fiscal year 2012, beginning June
2010, 2012 through June 30, 2012, and State fiscal years 2013
21through 2018, or as provided in Section 5A-16, a hospital's
22outpatient gross revenue shall be determined using the most
23recent data available from each hospital's 2009 Medicare cost
24report as contained in the Healthcare Cost Report Information
25System file, for the quarter ending on June 30, 2011, without
26regard to any subsequent adjustments or changes to such data.

 

 

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1If a hospital's 2009 Medicare cost report is not contained in
2the Healthcare Cost Report Information System, then the
3Department may obtain the hospital provider's outpatient gross
4revenue from any source available, including, but not limited
5to, records maintained by the hospital provider, which may be
6inspected at all times during business hours of the day by the
7Department or its duly authorized agents and employees.
8    (3) Subject to Sections 5A-3, 5A-10, and 5A-16, for State
9fiscal years 2019 and 2020, an annual assessment on outpatient
10services is imposed on each hospital provider in an amount
11equal to .01358 multiplied by the hospital's outpatient gross
12revenue. For State fiscal years 2019 and 2020, a hospital's
13outpatient gross revenue shall be determined using the most
14recent data available from each hospital's 2015 Medicare cost
15report as contained in the Healthcare Cost Report Information
16System file, for the quarter ending on March 31, 2017, without
17regard to any subsequent adjustments or changes to such data.
18If a hospital's 2015 Medicare cost report is not contained in
19the Healthcare Cost Report Information System, then the
20Department may obtain the hospital provider's outpatient gross
21revenue from any source available, including, but not limited
22to, records maintained by the hospital provider, which may be
23inspected at all times during business hours of the day by the
24Department or its duly authorized agents and employees.
25Notwithstanding any other provision in this Article, for a
26hospital provider that did not have a 2015 Medicare cost

 

 

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1report, but paid an assessment in State fiscal year 2018 on the
2basis of hypothetical data, that assessment amount shall be
3used for State fiscal years 2019 and 2020.
4    (4) Subject to Sections 5A-3 and 5A-10, for the period of
5July 1, 2020 through December 31, 2020 and calendar years 2021
6and 2022, an annual assessment on outpatient services is
7imposed on each hospital provider in an amount equal to .01525
8multiplied by the hospital's outpatient gross revenue,
9provided however: (i) for the period of July 1, 2020 through
10December 31, 2020, the assessment shall be equal to 50% of the
11annual amount; and (ii) the amount of .01525 shall be
12retroactively adjusted by a uniform percentage to generate an
13amount equal to 50% of the Assessment Adjustment, as defined in
14subsection (b-7). For the period of July 1, 2020 through
15December 31, 2020 and calendar years 2021 and 2022, a
16hospital's outpatient gross revenue shall be determined using
17the most recent data available from each hospital's 2015
18Medicare cost report as contained in the Healthcare Cost Report
19Information System file, for the quarter ending on March 31,
202017, without regard to any subsequent adjustments or changes
21to such data. If a hospital's 2015 Medicare cost report is not
22contained in the Healthcare Cost Report Information System,
23then the Illinois Department may obtain the hospital provider's
24outpatient revenue data from any source available, including,
25but not limited to, records maintained by the hospital
26provider, which may be inspected at all times during business

 

 

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1hours of the day by the Illinois Department or its duly
2authorized agents and employees. Should the change in the
3assessment methodology above for fiscal years 2021 through
4calendar year 2022 not be approved prior to July 1, 2020, the
5assessment and payments under this Article in effect for fiscal
6year 2020 shall remain in place until the new assessment is
7approved. If the change in the assessment methodology above for
8July 1, 2020 through December 31, 2022, is approved after June
930, 2020, it shall have a retroactive effective date of July 1,
102020, subject to federal approval and provided that the
11payments authorized under Section 12A-7 have the same effective
12date as the new assessment methodology. In giving retroactive
13effect to the assessment approved after June 30, 2020, credit
14toward the new assessment shall be given for any payments of
15the previous assessment for periods after June 30, 2020.
16Notwithstanding any other provision of this Article, for a
17hospital provider that did not have a 2015 Medicare cost
18report, but paid an assessment in State Fiscal Year 2020 on the
19basis of hypothetical data, the data that was the basis for the
202020 assessment shall be used to calculate the assessment under
21this paragraph.
22    (b-6)(1) As used in this Section, "ACA Assessment
23Adjustment" means:
24        (A) For the period of July 1, 2016 through December 31,
25    2016, 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 April 2016 multiplied by 6.
5        (B) For the period of January 1, 2017 through June 30,
6    2017, the product of .19125 multiplied by the sum of the
7    fee-for-service payments to hospitals as authorized under
8    Section 5A-12.5 and the adjustments authorized under
9    subsection (t) of Section 5A-12.2 to managed care
10    organizations for hospital services due and payable in the
11    month of October 2016 multiplied by 6, except that the
12    amount calculated under this subparagraph (B) shall be
13    adjusted, either positively or negatively, to account for
14    the difference between the actual payments issued under
15    Section 5A-12.5 for the period beginning July 1, 2016
16    through December 31, 2016 and the estimated payments due
17    and payable in the month of April 2016 multiplied by 6 as
18    described in subparagraph (A).
19        (C) For the period of July 1, 2017 through December 31,
20    2017, the product of .19125 multiplied by the sum of the
21    fee-for-service payments to hospitals as authorized under
22    Section 5A-12.5 and the adjustments authorized under
23    subsection (t) of Section 5A-12.2 to managed care
24    organizations for hospital services due and payable in the
25    month of April 2017 multiplied by 6, except that the amount
26    calculated under this subparagraph (C) shall be adjusted,

 

 

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

 

 

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1    (2) The Department shall complete and apply a final
2reconciliation of the ACA Assessment Adjustment prior to June
330, 2018 to account for:
4        (A) any differences between the actual payments issued
5    or scheduled to be issued prior to June 30, 2018 as
6    authorized in Section 5A-12.5 for the period of January 1,
7    2018 through June 30, 2018 and the estimated payments due
8    and payable in the month of October 2017 multiplied by 6 as
9    described in subparagraph (D); and
10        (B) any difference between the estimated
11    fee-for-service payments under subsection (b) of Section
12    5A-12.5 and the amount of such payments that are actually
13    scheduled to be paid.
14    The Department shall notify hospitals of any additional
15amounts owed or reduction credits to be applied to the June
162018 ACA Assessment Adjustment. This is to be considered the
17final reconciliation for the ACA Assessment Adjustment.
18    (3) Notwithstanding any other provision of this Section, if
19for any reason the scheduled payments under subsection (b) of
20Section 5A-12.5 are not issued in full by the final day of the
21period authorized under subsection (b) of Section 5A-12.5,
22funds collected from each hospital pursuant to subparagraph (D)
23of paragraph (1) and pursuant to paragraph (2), attributable to
24the scheduled payments authorized under subsection (b) of
25Section 5A-12.5 that are not issued in full by the final day of
26the period attributable to each payment authorized under

 

 

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1subsection (b) of Section 5A-12.5, shall be refunded.
2    (4) The increases authorized under paragraph (2) of
3subsection (a) and paragraph (2) of subsection (b-5) shall be
4limited to the federally required State share of the total
5payments authorized under Section 5A-12.5 if the sum of such
6payments yields an annualized amount equal to or less than
7$450,000,000, or if the adjustments authorized under
8subsection (t) of Section 5A-12.2 are found not to be
9actuarially sound; however, this limitation shall not apply to
10the fee-for-service payments described in subsection (b) of
11Section 5A-12.5.
12    (b-7)(1) As used in this Section, "Assessment Adjustment"
13means:
14        (A) For the period of July 1, 2020 through December 31,
15    2020, the product of .3853 multiplied by the total of the
16    actual payments made under subsections (c) through (k) of
17    Section 5A-12.7 attributable to the period, less the total
18    of the assessment imposed under subsections (a) and (b-5)
19    of this Section for the period.
20        (B) For each calendar quarter beginning on and after
21    January 1, 2021, the product of .3853 multiplied by the
22    total of the actual payments made under subsections (c)
23    through (k) of Section 5A-12.7 attributable to the period,
24    less the total of the assessment imposed under subsections
25    (a) and (b-5) of this Section for the period.
26    (2) The Department shall calculate and notify each hospital

 

 

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1of the total Assessment Adjustment and any additional
2assessment owed by the hospital or refund owed to the hospital
3on either a semi-annual or annual basis. Such notice shall be
4issued at least 30 days prior to any period in which the
5assessment will be adjusted. Any additional assessment owed by
6the hospital or refund owed to the hospital shall be uniformly
7applied to the assessment owed by the hospital in monthly
8installments for the subsequent semi-annual period or calendar
9year. If no assessment is owed in the subsequent year, any
10amount owed by the hospital or refund due to the hospital,
11shall be paid in a lump sum.
12    (3) The Department shall publish all details of the
13Assessment Adjustment calculation performed each year on its
14website within 30 days of completing the calculation, and also
15submit the details of the Assessment Adjustment calculation as
16part of the Department's annual report to the General Assembly.
17    (c) (Blank).
18    (d) Notwithstanding any of the other provisions of this
19Section, the Department is authorized to adopt rules to reduce
20the rate of any annual assessment imposed under this Section,
21as authorized by Section 5-46.2 of the Illinois Administrative
22Procedure Act.
23    (e) Notwithstanding any other provision of this Section,
24any plan providing for an assessment on a hospital provider as
25a permissible tax under Title XIX of the federal Social
26Security Act and Medicaid-eligible payments to hospital

 

 

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1providers from the revenues derived from that assessment shall
2be reviewed by the Illinois Department of Healthcare and Family
3Services, as the Single State Medicaid Agency required by
4federal law, to determine whether those assessments and
5hospital provider payments meet federal Medicaid standards. If
6the Department determines that the elements of the plan may
7meet federal Medicaid standards and a related State Medicaid
8Plan Amendment is prepared in a manner and form suitable for
9submission, that State Plan Amendment shall be submitted in a
10timely manner for review by the Centers for Medicare and
11Medicaid Services of the United States Department of Health and
12Human Services and subject to approval by the Centers for
13Medicare and Medicaid Services of the United States Department
14of Health and Human Services. No such plan shall become
15effective without approval by the Illinois General Assembly by
16the enactment into law of related legislation. Notwithstanding
17any other provision of this Section, the Department is
18authorized to adopt rules to reduce the rate of any annual
19assessment imposed under this Section. Any such rules may be
20adopted by the Department under Section 5-50 of the Illinois
21Administrative Procedure Act.
22(Source: P.A. 100-581, eff. 3-12-18; 101-10, eff. 6-5-19;
23101-650, eff. 7-7-20.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.".