Illinois General Assembly - Full Text of SB1041
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Full Text of SB1041  102nd General Assembly



State of Illinois
2021 and 2022


Introduced 2/25/2021, by Sen. Don Harmon


305 ILCS 5/5-5.01a

    Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning supportive living facilities.

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SB1041LRB102 04857 KTG 14876 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 The Department shall establish and provide
9oversight for a program of supportive living facilities that
10seek to promote 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    (b) Beginning July 1, 2014, subject to federal approval,



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1the Medicaid rates for supportive living facilities shall be
2equal to the supportive living facility Medicaid rate
3effective on June 30, 2014 increased by 8.85%. Once the
4assessment imposed at Article V-G of this Code is determined
5to be a permissible tax under Title XIX of the Social Security
6Act, the Department shall increase the Medicaid rates for
7supportive living facilities effective on July 1, 2014 by
89.09%. The Department shall apply this increase retroactively
9to coincide with the imposition of the assessment in Article
10V-G of this Code in accordance with the approval for federal
11financial participation by the Centers for Medicare and
12Medicaid Services.
13    The Medicaid rates for supportive living facilities
14effective on July 1, 2017 must be equal to the rates in effect
15for supportive living facilities on June 30, 2017 increased by
17    Subject to federal approval, the Medicaid rates for
18supportive living services on and after July 1, 2019 must be at
19least 54.3% of the average total nursing facility services per
20diem for the geographic areas defined by the Department while
21maintaining the rate differential for dementia care and must
22be updated whenever the total nursing facility service per
23diems are updated.
24    (c) The Department may adopt rules to implement this
25Section. Rules that establish or modify the services,
26standards, and conditions for participation in the program



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1shall be adopted by the Department in consultation with the
2Department on Aging, the Department of Rehabilitation
3Services, and the Department of Mental Health and
4Developmental Disabilities (or their successor agencies).
5    (d) Subject to federal approval by the Centers for
6Medicare and Medicaid Services, the Department shall accept
7for consideration of certification under the program any
8application for a site or building where distinct parts of the
9site or building are designated for purposes other than the
10provision of supportive living services, but only if:
11        (1) those distinct parts of the site or building are
12    not designated for the purpose of providing assisted
13    living services as required under the Assisted Living and
14    Shared Housing Act;
15        (2) those distinct parts of the site or building are
16    completely separate from the part of the building used for
17    the provision of supportive living program services,
18    including separate entrances;
19        (3) those distinct parts of the site or building do
20    not share any common spaces with the part of the building
21    used for the provision of supportive living program
22    services; and
23        (4) those distinct parts of the site or building do
24    not share staffing with the part of the building used for
25    the provision of supportive living program services.
26    (e) Facilities or distinct parts of facilities which are



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1selected as supportive living facilities and are in good
2standing with the Department's rules are exempt from the
3provisions of the Nursing Home Care Act and the Illinois
4Health Facilities Planning Act.
5(Source: P.A. 100-23, eff. 7-6-17; 100-583, eff. 4-6-18;
6100-587, eff. 6-4-18; 101-10, eff. 6-5-19.)