Illinois General Assembly - Full Text of HB5017
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Full Text of HB5017  102nd General Assembly

HB5017 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5017

 

Introduced 1/27/2022, by Rep. Debbie Meyers-Martin - Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/5-5.01a

    Amends the Medical Assistance Article of the Illinois Public Aid Code. In provisions concerning applications to the Department of Healthcare and Family Services to obtain certification as a supportive living facility, provides that, to ensure all entities that are capable of providing supportive living services have the ability to apply to the Department, the criteria for selection shall be clear and transparent and the application to apply for the supportive living facilities program shall be publicly available. Provides that those entities whose applications are not accepted shall be informed why their applications were not accepted; and those entities inquiring about the application process who are told they should not apply shall be told the reason why they should not apply. Requires the Department to inform entities applying for certification or inquiring about the application process what, if anything, they can do to remedy their applications or inquiries so as to submit applications that are ultimately successful.


LRB102 23647 KTG 32829 b

 

 

A BILL FOR

 

HB5017LRB102 23647 KTG 32829 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 5-5.01a as follows:
 
6    (305 ILCS 5/5-5.01a)
7    Sec. 5-5.01a. Supportive living facilities program.
8    (a) The Department shall establish and provide oversight
9for a program of supportive living facilities that seek to
10promote resident independence, dignity, respect, and
11well-being in the most cost-effective manner.
12    A supportive living facility is (i) a free-standing
13facility or (ii) a distinct physical and operational entity
14within a mixed-use building that meets the criteria
15established in subsection (d). A supportive living facility
16integrates housing with health, personal care, and supportive
17services and is a designated setting that offers residents
18their own separate, private, and distinct living units.
19    Sites for the operation of the program shall be selected
20by the Department based upon criteria that may include the
21need for services in a geographic area, the availability of
22funding, and the site's ability to meet the standards.
23    To ensure that all entities that are capable of providing

 

 

HB5017- 2 -LRB102 23647 KTG 32829 b

1supportive living services have the ability to apply to the
2Department, the criteria for selection shall be clear and
3transparent and the application to apply for the program shall
4be publicly available. Those entities whose applications are
5not accepted shall be informed why their applications were not
6accepted. Those entities inquiring about the application
7process who are told they should not apply shall be told the
8reason why they should not apply. In either case, the
9Department shall inform entities whose applications were
10rejected or who make inquiries about the application process,
11what, if anything, they can do to remedy their applications or
12inquiries so as to submit applications that are ultimately
13successful.
14    (b) Beginning July 1, 2014, subject to federal approval,
15the Medicaid rates for supportive living facilities shall be
16equal to the supportive living facility Medicaid rate
17effective on June 30, 2014 increased by 8.85%. Once the
18assessment imposed at Article V-G of this Code is determined
19to be a permissible tax under Title XIX of the Social Security
20Act, the Department shall increase the Medicaid rates for
21supportive living facilities effective on July 1, 2014 by
229.09%. The Department shall apply this increase retroactively
23to coincide with the imposition of the assessment in Article
24V-G of this Code in accordance with the approval for federal
25financial participation by the Centers for Medicare and
26Medicaid Services.

 

 

HB5017- 3 -LRB102 23647 KTG 32829 b

1    The Medicaid rates for supportive living facilities
2effective on July 1, 2017 must be equal to the rates in effect
3for supportive living facilities on June 30, 2017 increased by
42.8%.
5    Subject to federal approval, the Medicaid rates for
6supportive living services on and after July 1, 2019 must be at
7least 54.3% of the average total nursing facility services per
8diem for the geographic areas defined by the Department while
9maintaining the rate differential for dementia care and must
10be updated whenever the total nursing facility service per
11diems are updated.
12    (c) The Department may adopt rules to implement this
13Section. Rules that establish or modify the services,
14standards, and conditions for participation in the program
15shall be adopted by the Department in consultation with the
16Department on Aging, the Department of Rehabilitation
17Services, and the Department of Mental Health and
18Developmental Disabilities (or their successor agencies).
19    (d) Subject to federal approval by the Centers for
20Medicare and Medicaid Services, the Department shall accept
21for consideration of certification under the program any
22application for a site or building where distinct parts of the
23site or building are designated for purposes other than the
24provision of supportive living services, but only if:
25        (1) those distinct parts of the site or building are
26    not designated for the purpose of providing assisted

 

 

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1    living services as required under the Assisted Living and
2    Shared Housing Act;
3        (2) those distinct parts of the site or building are
4    completely separate from the part of the building used for
5    the provision of supportive living program services,
6    including separate entrances;
7        (3) those distinct parts of the site or building do
8    not share any common spaces with the part of the building
9    used for the provision of supportive living program
10    services; and
11        (4) those distinct parts of the site or building do
12    not share staffing with the part of the building used for
13    the provision of supportive living program services.
14    (e) Facilities or distinct parts of facilities which are
15selected as supportive living facilities and are in good
16standing with the Department's rules are exempt from the
17provisions of the Nursing Home Care Act and the Illinois
18Health Facilities Planning Act.
19    (f) Section 9817 of the American Rescue Plan Act of 2021
20(Public Law 117-2) authorizes a 10% enhanced federal medical
21assistance percentage for supportive living services for a
2212-month period from April 1, 2021 through March 31, 2022.
23Subject to federal approval, including the approval of any
24necessary waiver amendments or other federally required
25documents or assurances, for a 12-month period the Department
26must pay a supplemental $26 per diem rate to all supportive

 

 

HB5017- 5 -LRB102 23647 KTG 32829 b

1living facilities with the additional federal financial
2participation funds that result from the enhanced federal
3medical assistance percentage from April 1, 2021 through March
431, 2022. The Department may issue parameters around how the
5supplemental payment should be spent, including quality
6improvement activities. The Department may alter the form,
7methods, or timeframes concerning the supplemental per diem
8rate to comply with any subsequent changes to federal law,
9changes made by guidance issued by the federal Centers for
10Medicare and Medicaid Services, or other changes necessary to
11receive the enhanced federal medical assistance percentage.
12(Source: P.A. 101-10, eff. 6-5-19; 102-43, eff. 7-6-21.)