HB3975 103RD GENERAL ASSEMBLY

LRB103 30077 KTG 56501 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3975

Introduced 2/21/2023, by Rep. Robyn Gabel

SYNOPSIS AS INTRODUCED:

305 ILCS 5/5-5.4e

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that for dates of service on and after July 1, 2023, the Department of Healthcare and Family Services shall set the per diem ventilator rate for skilled nursing facilities at a rate equal to the exceptional care per diem rate established for medically complex for the developmentally disabled facilities licensed under the MC/DD Act. Effective immediately.

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 5-5.4e as follows:

(305 ILCS 5/5-5.4e)

Sec. 5-5.4e. Nursing facilities; ventilator rates. On and after October 1, 2009, the Department of Healthcare and Family Services shall adopt rules to provide medical assistance reimbursement under this Article for the care of persons on ventilators in skilled nursing facilities licensed under the Nursing Home Care Act and certified to participate under the medical assistance program. Accordingly, necessary amendments to the rules implementing the Minimum Data Set (MDS) payment methodology shall also be made to provide a separate per diem ventilator rate based on days of service. The Department may adopt rules necessary to implement this amendatory Act of the 96th General Assembly through the use of emergency rulemaking in accordance with Section 5-45 of the Illinois Administrative Procedure Act, except that the 24-month limitation on the adoption of emergency rules under Section 5-45 and the provisions of Sections 5-115 and 5-125 of that Act do not apply to rules adopted under this Section. For purposes of that Act, the General Assembly finds that the adoption of rules to implement this amendatory Act of the 96th General Assembly is deemed an emergency and necessary for the public interest, safety, and welfare.

On and after July 1, 2012, the Department shall reduce any rate of reimbursement for services or other payments or alter any methodologies authorized by this Code to reduce any rate of reimbursement for services or other payments in accordance with Section 5-5e.

For dates of service on and after July 1, 2023, the Department shall set the per diem ventilator rate for skilled nursing facilities at a rate equal to the exceptional care per diem rate established under Section 5-5.4h for medically complex for the developmentally disabled facilities licensed under the MC/DD Act.

(Source: P.A. 96-743, eff. 8-25-09; 97-689, eff. 6-14-12.)

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