Full Text of HB1802 96th General Assembly
HB1802ham001 96TH GENERAL ASSEMBLY
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Rep. Sara Feigenholtz
Filed: 10/14/2009
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| AMENDMENT TO HOUSE BILL 1802
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| AMENDMENT NO. ______. Amend House Bill 1802 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Mental Health and Developmental | 5 |
| Disabilities Administrative Act is amended by changing | 6 |
| Sections 18.4 and 18.5 as follows:
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| (20 ILCS 1705/18.4)
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| Sec. 18.4. Community Mental Health Medicaid Trust Fund; | 9 |
| reimbursement.
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| (a) The Community Mental Health Medicaid Trust Fund is | 11 |
| hereby created
in the State Treasury.
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| (b) Amounts
paid to the State during each State fiscal year | 13 |
| by the federal government under Title XIX
or Title XXI of the | 14 |
| Social Security Act for services delivered by community
mental | 15 |
| health providers, and any interest earned thereon, shall be
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| deposited 100% into the Community Mental Health Medicaid Trust |
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| Fund. Not more than $4,500,000 of the Community Mental Health | 2 |
| Medicaid Trust Fund may be used by the Department of Human | 3 |
| Services' Division of Mental Health for oversight and | 4 |
| administration of community mental health services, and of that | 5 |
| amount no more than $1,000,000 may be used for the support of | 6 |
| community mental health service initiatives. The remainder | 7 |
| shall be used for the purchase of community mental health | 8 |
| services. as follows: | 9 |
| (1) The first $75,000,000 shall be deposited directly | 10 |
| into the Community Mental Health Medicaid Trust Fund to be | 11 |
| used for the purchase of community mental health services; | 12 |
| (2) The next $4,500,000 shall be deposited directly | 13 |
| into the Community Mental Health Medicaid Trust Fund to be | 14 |
| used by the Department of Human Services' Division of | 15 |
| Mental Health for the oversight and administration of | 16 |
| community mental health services and up to $1,000,000 of | 17 |
| this amount may be used for support of community mental | 18 |
| health service initiatives; | 19 |
| (3) The next $3,500,000 shall be deposited directly | 20 |
| into the General Revenue Fund;
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| (4) Any additional amounts shall be deposited into the | 22 |
| Community Mental Health Medicaid Trust Fund to be used for | 23 |
| the purchase of community mental health services.
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| (b-5) Whenever a State mental health facility operated by | 25 |
| the Department is closed and the real estate on which the | 26 |
| facility is located is sold by the State, the net proceeds of |
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| the sale of the real estate shall be deposited into the | 2 |
| Community Mental Health Medicaid Trust Fund. | 3 |
| (c) The Department shall reimburse community mental health
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| providers for
services provided to eligible
individuals. | 5 |
| Moneys in the Community Mental Health Medicaid Trust Fund may | 6 |
| be
used for that purpose.
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| (c-5) The Community Mental Health Medicaid Trust Fund is | 8 |
| not subject to administrative charge-backs. | 9 |
| (c-10) The Department of Human Services shall annually | 10 |
| report to the Governor and the General Assembly, by September | 11 |
| 1, on both the total revenue deposited into the Trust Fund and | 12 |
| the total expenditures made from the Trust Fund for the | 13 |
| previous fiscal year. This report shall include detailed | 14 |
| descriptions of both revenues and expenditures regarding the | 15 |
| Trust Fund from the previous fiscal year. This report shall be | 16 |
| presented by the Secretary of Human Services to the appropriate | 17 |
| Appropriations Committee in the House of Representatives, as | 18 |
| determined by the Speaker of the House, and in the Senate, as | 19 |
| determined by the President of the Senate. This report shall be | 20 |
| made available to the public and shall be published on the | 21 |
| Department of Human Services' website in an appropriate | 22 |
| location, a minimum of one week prior to presentation of the | 23 |
| report to the General Assembly. | 24 |
| (d) As used in this Section:
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| "Trust Fund" means the Community Mental Health Medicaid | 26 |
| Trust Fund. |
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| "Community mental health provider" means a community | 2 |
| agency that is funded by the Department to
provide a service.
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| "Service" means a mental health service
provided pursuant | 4 |
| to the provisions of administrative rules adopted by the | 5 |
| Department and funded by the Department of Human Services' | 6 |
| Division of Mental Health.
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| (Source: P.A. 95-707, eff. 1-11-08; 96-660, eff. 8-25-09.)
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| (20 ILCS 1705/18.5) | 9 |
| Sec. 18.5. Community Developmental Disability Services | 10 |
| Medicaid Trust Fund; reimbursement. | 11 |
| (a) The Community Developmental Disability Services | 12 |
| Medicaid Trust Fund is hereby created in the State treasury.
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| (b) Except as provided in subsection (b-5), any funds in | 14 |
| excess of $16,700,000 in any fiscal year paid to the State by | 15 |
| the federal government under Title XIX or Title XXI of the | 16 |
| Social Security Act for services delivered by community | 17 |
| developmental disability services providers for services | 18 |
| relating to Developmental Training and Community Integrated | 19 |
| Living Arrangements as a result of the conversion of such | 20 |
| providers from a grant payment methodology to a fee-for-service | 21 |
| payment methodology, or any other funds paid to the State for | 22 |
| any subsequent revenue maximization initiatives performed by | 23 |
| such providers, and any interest earned thereon, shall be | 24 |
| deposited directly into the Community Developmental Disability | 25 |
| Services Medicaid Trust Fund . One-third of this amount shall be |
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| used only to pay for Medicaid-reimbursed community | 2 |
| developmental disability services provided to eligible | 3 |
| individuals , and the remainder shall be transferred to the | 4 |
| General Revenue Fund . | 5 |
| (b-5) Beginning in State fiscal year 2008, any funds paid | 6 |
| to the State by the federal government under Title XIX or Title | 7 |
| XXI of the Social Security Act for services delivered through | 8 |
| the Children's Residential Waiver and the Children's In-Home | 9 |
| Support Waiver shall be deposited directly into the Community | 10 |
| Developmental Disability Services Medicaid Trust Fund and | 11 |
| shall not be subject to the transfer provisions of subsection | 12 |
| (b). | 13 |
| (b-7) The Community Developmental Disability Services | 14 |
| Medicaid Trust Fund is not subject to administrative | 15 |
| charge-backs. | 16 |
| (b-9) The Department of Human Services shall annually | 17 |
| report to the Governor and the General Assembly, by September | 18 |
| 1, on both the total revenue deposited into the Trust Fund and | 19 |
| the total expenditures made from the Trust Fund for the | 20 |
| previous fiscal year. This report shall include detailed | 21 |
| descriptions of both revenues and expenditures regarding the | 22 |
| Trust Fund from the previous fiscal year. This report shall be | 23 |
| presented by the Secretary of Human Services to the appropriate | 24 |
| Appropriations Committee in the House of Representatives, as | 25 |
| determined by the Speaker of the House, and in the Senate, as | 26 |
| determined by the President of the Senate. This report shall be |
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| made available to the public and shall be published on the | 2 |
| Department of Human Services' website in an appropriate | 3 |
| location, a minimum of one week prior to presentation of the | 4 |
| report to the General Assembly. | 5 |
| (b-10) Whenever a State developmental disabilities | 6 |
| facility operated by the Department is closed and the real | 7 |
| estate on which the facility is located is sold by the State, | 8 |
| the net proceeds of the sale of the real estate shall be | 9 |
| deposited into the Community Developmental Disability Services | 10 |
| Medicaid Trust Fund. | 11 |
| (c) For purposes of this Section: | 12 |
| "Trust Fund" means the Community Developmental Disability | 13 |
| Services Medicaid Trust Fund. | 14 |
| "Medicaid-reimbursed developmental disability services" | 15 |
| means services provided by a community developmental | 16 |
| disability provider under an agreement with the Department that | 17 |
| is eligible for reimbursement under the federal Title XIX | 18 |
| program or Title XXI program. | 19 |
| "Provider" means a qualified entity as defined in the | 20 |
| State's Home and
Community-Based Services Waiver for Persons | 21 |
| with Developmental Disabilities that is funded by the | 22 |
| Department to provide a Medicaid-reimbursed service. | 23 |
| "Revenue maximization alternatives" do not include | 24 |
| increases in
funds paid to the State as a result of growth in | 25 |
| spending through service expansion or
rate increases.
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| (Source: P.A. 95-707, eff. 1-11-08; 96-660, eff. 8-25-09.)
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| Section 99. Effective date. This Act takes effect July 1, | 2 |
| 2012.".
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