Illinois General Assembly - Full Text of SB3758
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Full Text of SB3758  101st General Assembly




State of Illinois
2019 and 2020


Introduced 2/14/2020, by Sen. Heather A. Steans


305 ILCS 5/5B-4  from Ch. 23, par. 5B-4

    Amends the Long-Term Care Provider Funding Article of the Illinois Public Aid Code. In a provision concerning payment assessments imposed on long-term care providers, provides that the Department of Healthcare and Family Services is authorized to establish delayed payment schedules for long-term care providers that are unable to make certain assessment payments for occupied bed days and licensed nursing bed days reported due to financial difficulties. Provides that the Department may not deny a request for delay of payment of the assessment if the long-term care provider has not been paid for services provided during the month or months (rather than services provided during the month) on which the assessment is levied or the Medicaid managed care organization has not been paid by the State. Effective immediately.

LRB101 17787 KTG 67216 b






SB3758LRB101 17787 KTG 67216 b

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 5B-4 as follows:
6    (305 ILCS 5/5B-4)  (from Ch. 23, par. 5B-4)
7    Sec. 5B-4. Payment of assessment; penalty.
8    (a) The assessment imposed by Section 5B-2 shall be due and
9payable monthly, on the last State business day of the month
10for occupied bed days reported for the preceding third month
11prior to the month in which the tax is payable and due. A
12facility that has delayed payment due to the State's failure to
13reimburse for services rendered may request an extension on the
14due date for payment pursuant to subsection (b) and shall pay
15the assessment within 30 days of reimbursement by the
16Department. The Illinois Department may provide that county
17nursing homes directed and maintained pursuant to Section
185-1005 of the Counties Code may meet their assessment
19obligation by certifying to the Illinois Department that county
20expenditures have been obligated for the operation of the
21county nursing home in an amount at least equal to the amount
22of the assessment.
23    (a-5) The Illinois Department shall provide for an



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1electronic submission process for each long-term care facility
2to report at a minimum the number of occupied bed days of the
3long-term care facility for the reporting period and other
4reasonable information the Illinois Department requires for
5the administration of its responsibilities under this Code.
6Beginning July 1, 2013, a separate electronic submission shall
7be completed for each long-term care facility in this State
8operated by a long-term care provider. The Illinois Department
9shall prepare an assessment bill stating the amount due and
10payable each month and submit it to each long-term care
11facility via an electronic process. Each assessment payment
12shall be accompanied by a copy of the assessment bill sent to
13the long-term care facility by the Illinois Department. To the
14extent practicable, the Department shall coordinate the
15assessment reporting requirements with other reporting
16required of long-term care facilities.
17    (b) The Illinois Department is authorized to establish
18delayed payment schedules for long-term care providers that are
19unable to make assessment payments when due under this Section
20and under Section 5E-10 of this Code due to financial
21difficulties, as determined by the Illinois Department. The
22Illinois Department may not deny a request for delay of payment
23of the assessment imposed under this Article if the long-term
24care provider has not been paid for services provided during
25the month or months on which the assessment is levied or the
26Medicaid managed care organization has not been paid by the



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2    (c) If a long-term care provider fails to pay the full
3amount of an assessment payment when due (including any
4extensions granted under subsection (b)), there shall, unless
5waived by the Illinois Department for reasonable cause, be
6added to the assessment imposed by Section 5B-2 a penalty
7assessment equal to the lesser of (i) 5% of the amount of the
8assessment payment not paid on or before the due date plus 5%
9of the portion thereof remaining unpaid on the last day of each
10month thereafter or (ii) 100% of the assessment payment amount
11not paid on or before the due date. For purposes of this
12subsection, payments will be credited first to unpaid
13assessment payment amounts (rather than to penalty or
14interest), beginning with the most delinquent assessment
15payments. Payment cycles of longer than 60 days shall be one
16factor the Director takes into account in granting a waiver
17under this Section.
18    (c-5) If a long-term care facility fails to file its
19assessment bill with payment, there shall, unless waived by the
20Illinois Department for reasonable cause, be added to the
21assessment due a penalty assessment equal to 25% of the
22assessment due. After July 1, 2013, no penalty shall be
23assessed under this Section if the Illinois Department does not
24provide a process for the electronic submission of the
25information required by subsection (a-5).
26    (d) Nothing in this amendatory Act of 1993 shall be



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1construed to prevent the Illinois Department from collecting
2all amounts due under this Article pursuant to an assessment
3imposed before the effective date of this amendatory Act of
5    (e) Nothing in this amendatory Act of the 96th General
6Assembly shall be construed to prevent the Illinois Department
7from collecting all amounts due under this Code pursuant to an
8assessment, tax, fee, or penalty imposed before the effective
9date of this amendatory Act of the 96th General Assembly.
10    (f) No installment of the assessment imposed by Section
115B-2 shall be due and payable until after the Department
12notifies the long-term care providers, in writing, that the
13payment methodologies to long-term care providers required
14under Section 5-5.4 of this Code have been approved by the
15Centers for Medicare and Medicaid Services of the U.S.
16Department of Health and Human Services and the waivers under
1742 CFR 433.68 for the assessment imposed by this Section, if
18necessary, have been granted by the Centers for Medicare and
19Medicaid Services of the U.S. Department of Health and Human
20Services. Upon notification to the Department of approval of
21the payment methodologies required under Section 5-5.4 of this
22Code and the waivers granted under 42 CFR 433.68, all
23installments otherwise due under Section 5B-4 prior to the date
24of notification shall be due and payable to the Department upon
25written direction from the Department within 90 days after
26issuance by the Comptroller of the payments required under



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1Section 5-5.4 of this Code.
2(Source: P.A. 100-501, eff. 6-1-18.)
3    Section 99. Effective date. This Act takes effect upon
4becoming law.