Full Text of SB1667 97th General Assembly
SB1667 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1667 Introduced 2/9/2011, by Sen. Heather A. Steans SYNOPSIS AS INTRODUCED: |
| 305 ILCS 5/5-5.2 | from Ch. 23, par. 5-5.2 | 305 ILCS 5/5-5.4 | from Ch. 23, par. 5-5.4 | 305 ILCS 5/5B-1 | from Ch. 23, par. 5B-1 | 305 ILCS 5/5B-2 | from Ch. 23, par. 5B-2 | 305 ILCS 5/5B-4 | from Ch. 23, par. 5B-4 | 305 ILCS 5/5B-7 | from Ch. 23, par. 5B-7 | 305 ILCS 5/Art. V-E rep. | | 305 ILCS 5/5E-5 rep. | | 305 ILCS 5/5E-10 rep. | | 305 ILCS 5/5E-15 rep. | |
|
Amends the Illinois Public Aid Code. Changes the date on when the Department of Healthcare and Family Services shall implement an evidence-based payment methodology for the reimbursement of nursing facility services and requires the revised methodology to incorporate patient acuity, patient health outcomes, and measures of quality and quality improvement for the determination of payment. Removes a provision requiring the Department to develop enhanced payments to offset the additional costs incurred by a
facility serving exceptional need residents. Provides that licensed bed days shall be computed separately for each nursing home operated or maintained by a nursing home provider. Changes the assessment rate for long-term care providers to $2.04 times the number of licensed bed days (rather than $6.07 times the number of occupied bed days) due and payable each month. Repeals provisions concerning licensed nursing bed day fees. Effective upon becoming law or on the effective date of Senate Bill 3088 of the 96th General Assembly, whichever is later.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | SB1667 | | LRB097 09068 KTG 50057 b |
|
| 1 | | AN ACT concerning public aid.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. If and only if Senate Bill 3088 of
the 96th | 5 | | General Assembly becomes law, then the Illinois Public Aid Code | 6 | | is amended by changing Sections 5-5.2, 5-5.4, 5B-1, 5B-2, 5B-4, | 7 | | and 5B-7 as follows:
| 8 | | (305 ILCS 5/5-5.2) (from Ch. 23, par. 5-5.2)
| 9 | | Sec. 5-5.2. Payment.
| 10 | | (a) All nursing facilities that are grouped pursuant to | 11 | | Section
5-5.1 of this Act shall receive the same rate of | 12 | | payment for similar
services.
| 13 | | (b) It shall be a matter of State policy that the Illinois | 14 | | Department
shall utilize a uniform billing cycle throughout the | 15 | | State for the
long-term care providers.
| 16 | | (c) Notwithstanding any other provisions of this Code, | 17 | | beginning January July 1, 2012 the methodologies for | 18 | | reimbursement of nursing facility services as provided under | 19 | | this Article shall no longer be applicable for bills payable | 20 | | for State fiscal years 2012 and thereafter. The Department of | 21 | | Healthcare and Family Services shall, effective January July 1, | 22 | | 2012, implement an evidence-based payment methodology for the | 23 | | reimbursement of nursing facility services. The methodology |
| | | SB1667 | - 2 - | LRB097 09068 KTG 50057 b |
|
| 1 | | shall continue to take into consideration the needs of | 2 | | individual residents, as assessed and reported by the most | 3 | | current version of the nursing facility Resident Assessment | 4 | | Instrument, adopted and in use by the federal government. | 5 | | Additionally, the revised methodology shall incorporate | 6 | | patient acuity, patient health outcomes, and measures of | 7 | | quality and quality improvement for the determination of | 8 | | payment. | 9 | | (Source: P.A. 87-809; 88-380; 96SB3088 Enrolled.)
| 10 | | (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4) | 11 | | Sec. 5-5.4. Standards of Payment - Department of Healthcare | 12 | | and Family Services.
The Department of Healthcare and Family | 13 | | Services shall develop standards of payment of
nursing facility | 14 | | and ICF/DD services in facilities providing such services
under | 15 | | this Article which:
| 16 | | (1) Provide for the determination of a facility's payment
| 17 | | for nursing facility or ICF/DD services on a prospective basis.
| 18 | | The amount of the payment rate for all nursing facilities | 19 | | certified by the
Department of Public Health under the MR/DD | 20 | | Community Care Act or the Nursing Home Care Act as Intermediate
| 21 | | Care for the Developmentally Disabled facilities, Long Term | 22 | | Care for Under Age
22 facilities, Skilled Nursing facilities, | 23 | | or Intermediate Care facilities
under the
medical assistance | 24 | | program shall be prospectively established annually on the
| 25 | | basis of historical, financial, and statistical data |
| | | SB1667 | - 3 - | LRB097 09068 KTG 50057 b |
|
| 1 | | reflecting actual costs
from prior years, which shall be | 2 | | applied to the current rate year and updated
for inflation, | 3 | | except that the capital cost element for newly constructed
| 4 | | facilities shall be based upon projected budgets. The annually | 5 | | established
payment rate shall take effect on July 1 in 1984 | 6 | | and subsequent years. No rate
increase and no
update for | 7 | | inflation shall be provided on or after July 1, 1994 and before | 8 | | January
July 1, 2012, unless specifically provided for in this
| 9 | | Section.
The changes made by Public Act 93-841
extending the | 10 | | duration of the prohibition against a rate increase or update | 11 | | for inflation are effective retroactive to July 1, 2004.
| 12 | | For facilities licensed by the Department of Public Health | 13 | | under the Nursing
Home Care Act as Intermediate Care for the | 14 | | Developmentally Disabled facilities
or Long Term Care for Under | 15 | | Age 22 facilities, the rates taking effect on July
1, 1998 | 16 | | shall include an increase of 3%. For facilities licensed by the
| 17 | | Department of Public Health under the Nursing Home Care Act as | 18 | | Skilled Nursing
facilities or Intermediate Care facilities, | 19 | | the rates taking effect on July 1,
1998 shall include an | 20 | | increase of 3% plus $1.10 per resident-day, as defined by
the | 21 | | Department. For facilities licensed by the Department of Public | 22 | | Health under the Nursing Home Care Act as Intermediate Care | 23 | | Facilities for the Developmentally Disabled or Long Term Care | 24 | | for Under Age 22 facilities, the rates taking effect on January | 25 | | 1, 2006 shall include an increase of 3%.
For facilities | 26 | | licensed by the Department of Public Health under the Nursing |
| | | SB1667 | - 4 - | LRB097 09068 KTG 50057 b |
|
| 1 | | Home Care Act as Intermediate Care Facilities for the | 2 | | Developmentally Disabled or Long Term Care for Under Age 22 | 3 | | facilities, the rates taking effect on January 1, 2009 shall | 4 | | include an increase sufficient to provide a $0.50 per hour wage | 5 | | increase for non-executive staff. | 6 | | For facilities licensed by the Department of Public Health | 7 | | under the
Nursing Home Care Act as Intermediate Care for the | 8 | | Developmentally Disabled
facilities or Long Term Care for Under | 9 | | Age 22 facilities, the rates taking
effect on July 1, 1999 | 10 | | shall include an increase of 1.6% plus $3.00 per
resident-day, | 11 | | as defined by the Department. For facilities licensed by the
| 12 | | Department of Public Health under the Nursing Home Care Act as | 13 | | Skilled Nursing
facilities or Intermediate Care facilities, | 14 | | the rates taking effect on July 1,
1999 shall include an | 15 | | increase of 1.6% and, for services provided on or after
October | 16 | | 1, 1999, shall be increased by $4.00 per resident-day, as | 17 | | defined by
the Department.
| 18 | | For facilities licensed by the Department of Public Health | 19 | | under the
Nursing Home Care Act as Intermediate Care for the | 20 | | Developmentally Disabled
facilities or Long Term Care for Under | 21 | | Age 22 facilities, the rates taking
effect on July 1, 2000 | 22 | | shall include an increase of 2.5% per resident-day,
as defined | 23 | | by the Department. For facilities licensed by the Department of
| 24 | | Public Health under the Nursing Home Care Act as Skilled | 25 | | Nursing facilities or
Intermediate Care facilities, the rates | 26 | | taking effect on July 1, 2000 shall
include an increase of 2.5% |
| | | SB1667 | - 5 - | LRB097 09068 KTG 50057 b |
|
| 1 | | per resident-day, as defined by the Department.
| 2 | | For facilities licensed by the Department of Public Health | 3 | | under the
Nursing Home Care Act as skilled nursing facilities | 4 | | or intermediate care
facilities, a new payment methodology must | 5 | | be implemented for the nursing
component of the rate effective | 6 | | July 1, 2003. The Department of Public Aid
(now Healthcare and | 7 | | Family Services) shall develop the new payment methodology | 8 | | using the Minimum Data Set
(MDS) as the instrument to collect | 9 | | information concerning nursing home
resident condition | 10 | | necessary to compute the rate. The Department
shall develop the | 11 | | new payment methodology to meet the unique needs of
Illinois | 12 | | nursing home residents while remaining subject to the | 13 | | appropriations
provided by the General Assembly.
A transition | 14 | | period from the payment methodology in effect on June 30, 2003
| 15 | | to the payment methodology in effect on July 1, 2003 shall be | 16 | | provided for a
period not exceeding 3 years and 184 days after | 17 | | implementation of the new payment
methodology as follows:
| 18 | | (A) For a facility that would receive a lower
nursing | 19 | | component rate per patient day under the new system than | 20 | | the facility
received
effective on the date immediately | 21 | | preceding the date that the Department
implements the new | 22 | | payment methodology, the nursing component rate per | 23 | | patient
day for the facility
shall be held at
the level in | 24 | | effect on the date immediately preceding the date that the
| 25 | | Department implements the new payment methodology until a | 26 | | higher nursing
component rate of
reimbursement is achieved |
| | | SB1667 | - 6 - | LRB097 09068 KTG 50057 b |
|
| 1 | | by that
facility.
| 2 | | (B) For a facility that would receive a higher nursing | 3 | | component rate per
patient day under the payment | 4 | | methodology in effect on July 1, 2003 than the
facility | 5 | | received effective on the date immediately preceding the | 6 | | date that the
Department implements the new payment | 7 | | methodology, the nursing component rate
per patient day for | 8 | | the facility shall be adjusted.
| 9 | | (C) Notwithstanding paragraphs (A) and (B), the | 10 | | nursing component rate per
patient day for the facility | 11 | | shall be adjusted subject to appropriations
provided by the | 12 | | General Assembly.
| 13 | | For facilities licensed by the Department of Public Health | 14 | | under the
Nursing Home Care Act as Intermediate Care for the | 15 | | Developmentally Disabled
facilities or Long Term Care for Under | 16 | | Age 22 facilities, the rates taking
effect on March 1, 2001 | 17 | | shall include a statewide increase of 7.85%, as
defined by the | 18 | | Department.
| 19 | | Notwithstanding any other provision of this Section, for | 20 | | facilities licensed by the Department of Public Health under | 21 | | the
Nursing Home Care Act as skilled nursing facilities or | 22 | | intermediate care
facilities, except facilities participating | 23 | | in the Department's demonstration program pursuant to the | 24 | | provisions of Title 77, Part 300, Subpart T of the Illinois | 25 | | Administrative Code, the numerator of the ratio used by the | 26 | | Department of Healthcare and Family Services to compute the |
| | | SB1667 | - 7 - | LRB097 09068 KTG 50057 b |
|
| 1 | | rate payable under this Section using the Minimum Data Set | 2 | | (MDS) methodology shall incorporate the following annual | 3 | | amounts as the additional funds appropriated to the Department | 4 | | specifically to pay for rates based on the MDS nursing | 5 | | component methodology in excess of the funding in effect on | 6 | | December 31, 2006: | 7 | | (i) For rates taking effect January 1, 2007, | 8 | | $60,000,000. | 9 | | (ii) For rates taking effect January 1, 2008, | 10 | | $110,000,000. | 11 | | (iii) For rates taking effect January 1, 2009, | 12 | | $194,000,000. | 13 | | (iv) (Blank) For rates taking effect April 1, 2011, or | 14 | | the first day of the month that begins at least 45 days | 15 | | after the effective date of this amendatory Act of the 96th | 16 | | General Assembly, $416,500,000 or an amount as may be | 17 | | necessary to complete the transition to the MDS methodology | 18 | | for the nursing component of the rate . | 19 | | Notwithstanding any other provision of this Section, for | 20 | | facilities licensed by the Department of Public Health under | 21 | | the Nursing Home Care Act as skilled nursing facilities or | 22 | | intermediate care facilities, the support component of the | 23 | | rates taking effect on January 1, 2008 shall be computed using | 24 | | the most recent cost reports on file with the Department of | 25 | | Healthcare and Family Services no later than April 1, 2005, | 26 | | updated for inflation to January 1, 2006. |
| | | SB1667 | - 8 - | LRB097 09068 KTG 50057 b |
|
| 1 | | For facilities licensed by the Department of Public Health | 2 | | under the
Nursing Home Care Act as Intermediate Care for the | 3 | | Developmentally Disabled
facilities or Long Term Care for Under | 4 | | Age 22 facilities, the rates taking
effect on April 1, 2002 | 5 | | shall include a statewide increase of 2.0%, as
defined by the | 6 | | Department.
This increase terminates on July 1, 2002;
beginning | 7 | | July 1, 2002 these rates are reduced to the level of the rates
| 8 | | in effect on March 31, 2002, as defined by the Department.
| 9 | | For facilities licensed by the Department of Public Health | 10 | | under the
Nursing Home Care Act as skilled nursing facilities | 11 | | or intermediate care
facilities, the rates taking effect on | 12 | | July 1, 2001 shall be computed using the most recent cost | 13 | | reports
on file with the Department of Public Aid no later than | 14 | | April 1, 2000,
updated for inflation to January 1, 2001. For | 15 | | rates effective July 1, 2001
only, rates shall be the greater | 16 | | of the rate computed for July 1, 2001
or the rate effective on | 17 | | June 30, 2001.
| 18 | | Notwithstanding any other provision of this Section, for | 19 | | facilities
licensed by the Department of Public Health under | 20 | | the Nursing Home Care Act
as skilled nursing facilities or | 21 | | intermediate care facilities, the Illinois
Department shall | 22 | | determine by rule the rates taking effect on July 1, 2002,
| 23 | | which shall be 5.9% less than the rates in effect on June 30, | 24 | | 2002.
| 25 | | Notwithstanding any other provision of this Section, for | 26 | | facilities
licensed by the Department of Public Health under |
| | | SB1667 | - 9 - | LRB097 09068 KTG 50057 b |
|
| 1 | | the Nursing Home Care Act as
skilled nursing
facilities or | 2 | | intermediate care facilities, if the payment methodologies | 3 | | required under Section 5A-12 and the waiver granted under 42 | 4 | | CFR 433.68 are approved by the United States Centers for | 5 | | Medicare and Medicaid Services, the rates taking effect on July | 6 | | 1, 2004 shall be 3.0% greater than the rates in effect on June | 7 | | 30, 2004. These rates shall take
effect only upon approval and
| 8 | | implementation of the payment methodologies required under | 9 | | Section 5A-12.
| 10 | | Notwithstanding any other provisions of this Section, for | 11 | | facilities licensed by the Department of Public Health under | 12 | | the Nursing Home Care Act as skilled nursing facilities or | 13 | | intermediate care facilities, the rates taking effect on | 14 | | January 1, 2005 shall be 3% more than the rates in effect on | 15 | | December 31, 2004.
| 16 | | Notwithstanding any other provision of this Section, for | 17 | | facilities licensed by the Department of Public Health under | 18 | | the Nursing Home Care Act as skilled nursing facilities or | 19 | | intermediate care facilities, effective January 1, 2009, the | 20 | | per diem support component of the rates effective on January 1, | 21 | | 2008, computed using the most recent cost reports on file with | 22 | | the Department of Healthcare and Family Services no later than | 23 | | April 1, 2005, updated for inflation to January 1, 2006, shall | 24 | | be increased to the amount that would have been derived using | 25 | | standard Department of Healthcare and Family Services methods, | 26 | | procedures, and inflators. |
| | | SB1667 | - 10 - | LRB097 09068 KTG 50057 b |
|
| 1 | | Notwithstanding any other provisions of this Section, for | 2 | | facilities licensed by the Department of Public Health under | 3 | | the Nursing Home Care Act as intermediate care facilities that | 4 | | are federally defined as Institutions for Mental Disease, a | 5 | | socio-development component rate equal to 6.6% of the | 6 | | facility's nursing component rate as of January 1, 2006 shall | 7 | | be established and paid effective July 1, 2006. The | 8 | | socio-development component of the rate shall be increased by a | 9 | | factor of 2.53 on the first day of the month that begins at | 10 | | least 45 days after January 11, 2008 (the effective date of | 11 | | Public Act 95-707). As of August 1, 2008, the socio-development | 12 | | component rate shall be equal to 6.6% of the facility's nursing | 13 | | component rate as of January 1, 2006, multiplied by a factor of | 14 | | 3.53. For services provided on or after January 1, 2012 April | 15 | | 1, 2011, or the first day of the month that begins at least 45 | 16 | | days after the effective date of this amendatory Act of the | 17 | | 96th General Assembly, whichever is later , the Illinois | 18 | | Department may by rule adjust these socio-development | 19 | | component rates, and may use different adjustment | 20 | | methodologies for those facilities participating, and those | 21 | | not participating, in the Illinois Department's demonstration | 22 | | program pursuant to the provisions of Title 77, Part 300, | 23 | | Subpart T of the Illinois Administrative Code, but in no case | 24 | | may such rates be diminished below those in effect on August 1, | 25 | | 2008.
| 26 | | For facilities
licensed
by the
Department of Public Health |
| | | SB1667 | - 11 - | LRB097 09068 KTG 50057 b |
|
| 1 | | under the Nursing Home Care Act as Intermediate
Care for
the | 2 | | Developmentally Disabled facilities or as long-term care | 3 | | facilities for
residents under 22 years of age, the rates | 4 | | taking effect on July 1,
2003 shall
include a statewide | 5 | | increase of 4%, as defined by the Department.
| 6 | | For facilities licensed by the Department of Public Health | 7 | | under the
Nursing Home Care Act as Intermediate Care for the | 8 | | Developmentally Disabled
facilities or Long Term Care for Under | 9 | | Age 22 facilities, the rates taking
effect on the first day of | 10 | | the month that begins at least 45 days after the effective date | 11 | | of this amendatory Act of the 95th General Assembly shall | 12 | | include a statewide increase of 2.5%, as
defined by the | 13 | | Department. | 14 | | Notwithstanding any other provision of this Section, for | 15 | | facilities licensed by the Department of Public Health under | 16 | | the Nursing Home Care Act as skilled nursing facilities or | 17 | | intermediate care facilities, effective January 1, 2005, | 18 | | facility rates shall be increased by the difference between (i) | 19 | | a facility's per diem property, liability, and malpractice | 20 | | insurance costs as reported in the cost report filed with the | 21 | | Department of Public Aid and used to establish rates effective | 22 | | July 1, 2001 and (ii) those same costs as reported in the | 23 | | facility's 2002 cost report. These costs shall be passed | 24 | | through to the facility without caps or limitations, except for | 25 | | adjustments required under normal auditing procedures.
| 26 | | Rates established effective each July 1 shall govern |
| | | SB1667 | - 12 - | LRB097 09068 KTG 50057 b |
|
| 1 | | payment
for services rendered throughout that fiscal year, | 2 | | except that rates
established on July 1, 1996 shall be | 3 | | increased by 6.8% for services
provided on or after January 1, | 4 | | 1997. Such rates will be based
upon the rates calculated for | 5 | | the year beginning July 1, 1990, and for
subsequent years | 6 | | thereafter until June 30, 2001 shall be based on the
facility | 7 | | cost reports
for the facility fiscal year ending at any point | 8 | | in time during the previous
calendar year, updated to the | 9 | | midpoint of the rate year. The cost report
shall be on file | 10 | | with the Department no later than April 1 of the current
rate | 11 | | year. Should the cost report not be on file by April 1, the | 12 | | Department
shall base the rate on the latest cost report filed | 13 | | by each skilled care
facility and intermediate care facility, | 14 | | updated to the midpoint of the
current rate year. In | 15 | | determining rates for services rendered on and after
July 1, | 16 | | 1985, fixed time shall not be computed at less than zero. The
| 17 | | Department shall not make any alterations of regulations which | 18 | | would reduce
any component of the Medicaid rate to a level | 19 | | below what that component would
have been utilizing in the rate | 20 | | effective on July 1, 1984.
| 21 | | (2) Shall take into account the actual costs incurred by | 22 | | facilities
in providing services for recipients of skilled | 23 | | nursing and intermediate
care services under the medical | 24 | | assistance program.
| 25 | | (3) Shall take into account the medical and psycho-social
| 26 | | characteristics and needs of the patients.
|
| | | SB1667 | - 13 - | LRB097 09068 KTG 50057 b |
|
| 1 | | (4) Shall take into account the actual costs incurred by | 2 | | facilities in
meeting licensing and certification standards | 3 | | imposed and prescribed by the
State of Illinois, any of its | 4 | | political subdivisions or municipalities and by
the U.S. | 5 | | Department of Health and Human Services pursuant to Title XIX | 6 | | of the
Social Security Act.
| 7 | | The Department of Healthcare and Family Services
shall | 8 | | develop precise standards for
payments to reimburse nursing | 9 | | facilities for any utilization of
appropriate rehabilitative | 10 | | personnel for the provision of rehabilitative
services which is | 11 | | authorized by federal regulations, including
reimbursement for | 12 | | services provided by qualified therapists or qualified
| 13 | | assistants, and which is in accordance with accepted | 14 | | professional
practices. Reimbursement also may be made for | 15 | | utilization of other
supportive personnel under appropriate | 16 | | supervision.
| 17 | | The Department shall develop enhanced payments to offset | 18 | | the additional costs incurred by a
facility serving exceptional | 19 | | need residents and shall allocate at least $8,000,000 of the | 20 | | funds
collected from the assessment established by Section 5B-2 | 21 | | of this Code for such payments. For
the purpose of this | 22 | | Section, "exceptional needs" means, but need not be limited to, | 23 | | ventilator care, tracheotomy care,
bariatric care, complex | 24 | | wound care, and traumatic brain injury care. | 25 | | (5) Beginning January July 1, 2012 the methodologies for | 26 | | reimbursement of nursing facility services as provided under |
| | | SB1667 | - 14 - | LRB097 09068 KTG 50057 b |
|
| 1 | | this Section 5-5.4 shall no longer be applicable for bills | 2 | | payable for State fiscal years 2012 and thereafter. | 3 | | (Source: P.A. 95-12, eff. 7-2-07; 95-331, eff. 8-21-07; 95-707, | 4 | | eff. 1-11-08; 95-744, eff. 7-18-08; 96-45, eff. 7-15-09; | 5 | | 96-339, eff. 7-1-10; 96-959, eff. 7-1-10; 96-1000, eff. 7-2-10; | 6 | | 96SB3088 Enrolled.)
| 7 | | (305 ILCS 5/5B-1) (from Ch. 23, par. 5B-1)
| 8 | | Sec. 5B-1. Definitions. As used in this Article, unless the
| 9 | | context requires otherwise:
| 10 | | "Fund" means the Long-Term Care Provider Fund.
| 11 | | "Long-term care facility" means (i) a nursing facility, | 12 | | whether
public or private and whether organized for profit or
| 13 | | not-for-profit, that is subject to licensure by the Illinois | 14 | | Department
of Public Health under the Nursing Home Care Act or | 15 | | the MR/DD Community Care Act, including a
county nursing home | 16 | | directed and maintained under Section
5-1005 of the Counties | 17 | | Code, and (ii) a part of a hospital in
which skilled or | 18 | | intermediate long-term care services within the
meaning of | 19 | | Title XVIII or XIX of the Social Security Act are
provided; | 20 | | except that the term "long-term care facility" does
not include | 21 | | a facility operated by a State agency, a facility participating | 22 | | in the Illinois Department's demonstration program pursuant to | 23 | | the provisions of Title 77, Part 300, Subpart T of the Illinois | 24 | | Administrative Code, or operated solely as an intermediate care
| 25 | | facility for the mentally retarded within the meaning of Title
|
| | | SB1667 | - 15 - | LRB097 09068 KTG 50057 b |
|
| 1 | | XIX of the Social Security Act.
| 2 | | "Long-term care provider" means (i) a person licensed
by | 3 | | the Department of Public Health to operate and maintain a
| 4 | | skilled nursing or intermediate long-term care facility or (ii) | 5 | | a hospital provider that
provides skilled or intermediate | 6 | | long-term care services within
the meaning of Title XVIII or | 7 | | XIX of the Social Security Act.
For purposes of this paragraph, | 8 | | "person" means any political
subdivision of the State, | 9 | | municipal corporation, individual,
firm, partnership, | 10 | | corporation, company, limited liability
company, association, | 11 | | joint stock association, or trust, or a
receiver, executor, | 12 | | trustee, guardian, or other representative
appointed by order | 13 | | of any court. "Hospital provider" means a
person licensed by | 14 | | the Department of Public Health to conduct,
operate, or | 15 | | maintain a hospital.
| 16 | | "Occupied bed days" shall be computed separately for
each | 17 | | long-term care facility operated or maintained by a long-term
| 18 | | care provider, and means the sum for all beds of the number
of | 19 | | days during the month on which each bed was occupied by a
| 20 | | resident, other than a resident for whom Medicare Part A is the | 21 | | primary payer.
| 22 | | "Licensed bed days" shall be computed separately for each | 23 | | nursing home operated or maintained by a nursing home provider | 24 | | and means, with respect to a nursing home provider, the sum for | 25 | | all nursing home beds of the number of days during a calendar | 26 | | quarter on which each bed is covered by a license issued to |
| | | SB1667 | - 16 - | LRB097 09068 KTG 50057 b |
|
| 1 | | that provider under the Nursing Home Care Act or the Hospital | 2 | | Licensing Act. | 3 | | (Source: P.A. 96-339, eff. 7-1-10; 96SB3088 Enrolled.)
| 4 | | (305 ILCS 5/5B-2) (from Ch. 23, par. 5B-2)
| 5 | | Sec. 5B-2. Assessment; no local authorization to tax.
| 6 | | (a) For the privilege of engaging in the occupation of | 7 | | long-term care
provider, beginning July 1, 2011 an assessment | 8 | | is imposed upon each long-term care provider in an amount equal | 9 | | to $2.04 $6.07 times the number of licensed occupied bed days | 10 | | due and payable each month. Notwithstanding any provision of | 11 | | any other Act to the
contrary, this assessment shall be | 12 | | construed as a tax, but may not be added
to the charges of an | 13 | | individual's nursing home care that is paid for in
whole, or in | 14 | | part, by a federal, State, or combined federal-state medical
| 15 | | care program.
| 16 | | (b) Nothing in this amendatory Act of 1992 shall be | 17 | | construed to
authorize any home rule unit or other unit of | 18 | | local government to license
for revenue or impose a tax or | 19 | | assessment upon long-term care providers or
the occupation of | 20 | | long-term care provider, or a tax or assessment measured
by the | 21 | | income or earnings or occupied bed days or licensed bed days of | 22 | | a long-term care provider.
| 23 | | (Source: P.A. 87-861; 96SB3088 Enrolled.)
| 24 | | (305 ILCS 5/5B-4) (from Ch. 23, par. 5B-4)
|
| | | SB1667 | - 17 - | LRB097 09068 KTG 50057 b |
|
| 1 | | Sec. 5B-4. Payment of assessment; penalty.
| 2 | | (a) The assessment imposed by Section 5B-2 shall be due and | 3 | | payable monthly, on the last State business day of the month | 4 | | for licensed occupied bed days reported for the preceding third | 5 | | month prior to the month in which the tax is payable and due. A | 6 | | facility that has delayed payment due to the State's failure to | 7 | | reimburse for services rendered may request an extension on the | 8 | | due date for payment pursuant to subsection (b) and shall pay | 9 | | the assessment within 30 days of reimbursement by the | 10 | | Department.
The Illinois Department may provide that county | 11 | | nursing homes directed and
maintained pursuant to Section | 12 | | 5-1005 of the Counties Code may meet their
assessment | 13 | | obligation by certifying to the Illinois Department that county
| 14 | | expenditures have been obligated for the operation of the | 15 | | county nursing
home in an amount at least equal to the amount | 16 | | of the assessment.
| 17 | | (a-5) Each assessment payment shall be accompanied by an | 18 | | assessment report to be completed by the long-term care | 19 | | provider. A separate report shall be completed for each | 20 | | long-term care facility in this State operated by a long-term | 21 | | care provider. The report shall be in a form and manner | 22 | | prescribed by the Illinois Department and shall at a minimum | 23 | | provide for the reporting of the number of occupied bed days of | 24 | | the long-term care facility for the reporting period and other | 25 | | reasonable information the Illinois Department requires for | 26 | | the administration of its responsibilities under this Code. To |
| | | SB1667 | - 18 - | LRB097 09068 KTG 50057 b |
|
| 1 | | the extent practicable, the Department shall coordinate the | 2 | | assessment reporting requirements with other reporting | 3 | | required of long-term care facilities. | 4 | | (b) The Illinois Department is authorized to establish
| 5 | | delayed payment schedules for long-term care providers that are
| 6 | | unable to make assessment payments when due under this Section
| 7 | | due to financial difficulties, as determined by the Illinois
| 8 | | Department. The Illinois Department may not deny a request for | 9 | | delay of payment of the assessment imposed under this Article | 10 | | if the long-term care provider has not been paid for services | 11 | | provided during the month on which the assessment is levied.
| 12 | | (c) If a long-term care provider fails to pay the full
| 13 | | amount of an assessment payment when due (including any | 14 | | extensions
granted under subsection (b)), there shall, unless | 15 | | waived by the
Illinois Department for reasonable cause, be | 16 | | added to the
assessment imposed by Section 5B-2 a
penalty | 17 | | assessment equal to the lesser of (i) 5% of the amount of
the | 18 | | assessment payment not paid on or before the due date plus 5% | 19 | | of the
portion thereof remaining unpaid on the last day of each | 20 | | month
thereafter or (ii) 100% of the assessment payment amount | 21 | | not paid on or
before the due date. For purposes of this | 22 | | subsection, payments
will be credited first to unpaid | 23 | | assessment payment amounts (rather than
to penalty or | 24 | | interest), beginning with the most delinquent assessment | 25 | | payments
. Payment cycles of longer than 60 days shall be one | 26 | | factor the Director takes into account in granting a waiver |
| | | SB1667 | - 19 - | LRB097 09068 KTG 50057 b |
|
| 1 | | under this Section.
| 2 | | (c-5) If a long-term care provider fails to file its report | 3 | | with payment, there shall, unless waived by the Illinois | 4 | | Department for reasonable cause, be added to the assessment due | 5 | | a penalty assessment equal to 25% of the assessment due. | 6 | | (d) Nothing in this amendatory Act of 1993 shall be | 7 | | construed to prevent
the Illinois Department from collecting | 8 | | all amounts due under this Article
pursuant to an assessment | 9 | | imposed before the effective date of this amendatory
Act of | 10 | | 1993.
| 11 | | (e) Nothing in this amendatory Act of the 96th General | 12 | | Assembly shall be construed to prevent
the Illinois Department | 13 | | from collecting all amounts due under this Code
pursuant to an | 14 | | assessment, tax, fee, or penalty imposed before the effective | 15 | | date of this amendatory
Act of the 96th General Assembly. | 16 | | (Source: P.A. 96-444, eff. 8-14-09; 96SB3088 Enrolled.)
| 17 | | (305 ILCS 5/5B-7) (from Ch. 23, par. 5B-7)
| 18 | | Sec. 5B-7. Administration; enforcement provisions.
| 19 | | (a) To the extent practicable, the Illinois Department | 20 | | shall administer
and enforce this Article and collect the | 21 | | assessments, interest, and penalty
assessments imposed under | 22 | | this Article, using procedures employed in its
administration | 23 | | of this Code generally and, as it deems
appropriate, in a | 24 | | manner similar to that in which the Department
of Revenue | 25 | | administers and collects the retailers' occupation tax
under |
| | | SB1667 | - 20 - | LRB097 09068 KTG 50057 b |
|
| 1 | | the Retailers' Occupation Tax Act ("ROTA"). Instead
of | 2 | | certificates of registration, the Illinois Department shall
| 3 | | establish and maintain a listing of all long-term care | 4 | | providers
appearing in the licensing records of the Department | 5 | | of Public
Health, which shall show each provider's name, | 6 | | principal place of business,
and the name and address of each | 7 | | long-term care facility operated or
maintained by the provider | 8 | | in this State. In addition, the following
provisions of the | 9 | | Retailers' Occupation Tax Act are incorporated by
reference | 10 | | into this Section, except that the Illinois Department
and its | 11 | | Director (rather than the Department of Revenue and its | 12 | | Director)
and every long-term care provider subject to | 13 | | assessment measured by licensed
occupied bed days and to the | 14 | | return filing requirements of this Article
(rather than persons | 15 | | subject to retailers' occupation tax measured by gross
receipts | 16 | | from the sale of tangible personal property at retail and to | 17 | | the
return filing requirements of ROTA) shall have the powers, | 18 | | duties, and
rights specified in these ROTA provisions, as | 19 | | modified in this Section or
by the Illinois Department in a | 20 | | manner consistent with this Article and
except as manifestly | 21 | | inconsistent with the other provisions of this Article:
| 22 | | (1) ROTA, Section 4 (examination of return; notice of
| 23 | | correction; evidence; limitations; protest and hearing), | 24 | | except
that (i) the Illinois Department shall issue notices | 25 | | of
assessment liability (rather than notices of tax | 26 | | liability as
provided in ROTA, Section 4); (ii) in the case |
| | | SB1667 | - 21 - | LRB097 09068 KTG 50057 b |
|
| 1 | | of a fraudulent
return or in the case of an extended period | 2 | | agreed to by the
Illinois Department and the long-term care | 3 | | provider before the
expiration of the limitation period, no | 4 | | notice of assessment
liability shall be issued more than 3 | 5 | | years after the later of
the due date of the return | 6 | | required by Section 5B-5 or the date
the return (or an | 7 | | amended return) was filed (rather within the
period stated | 8 | | in ROTA, Section 4); and (iii) the penalty provisions of
| 9 | | ROTA, Section 4 shall not apply.
| 10 | | (2) ROTA, Section 5 (failure to make return; failure to | 11 | | pay
assessment), except that the penalty and interest | 12 | | provisions
of ROTA, Section 5 shall not apply.
| 13 | | (3) ROTA, Section 5a (lien; attachment; termination; | 14 | | notice;
protest; review; release of lien; status of lien).
| 15 | | (4) ROTA, Section 5b (State lien notices; State lien | 16 | | index;
duties of recorder and registrar of titles).
| 17 | | (5) ROTA, Section 5c (liens; certificate of release).
| 18 | | (6) ROTA, Section 5d (Department not required to | 19 | | furnish bond;
claim to property attached or levied upon).
| 20 | | (7) ROTA, Section 5e (foreclosure on liens; | 21 | | enforcement).
| 22 | | (8) ROTA, Section 5f (demand for payment; levy and sale | 23 | | of
property; limitation).
| 24 | | (9) ROTA, Section 5g (sale of property; redemption).
| 25 | | (10) ROTA, Section 5j (sales on transfers outside usual | 26 | | course
of business; report; payment of assessment; rights |
| | | SB1667 | - 22 - | LRB097 09068 KTG 50057 b |
|
| 1 | | and duties of
purchaser; penalty).
| 2 | | (11) ROTA, Section 6 (erroneous payments; credit or | 3 | | refund),
provided that (i) the Illinois Department may only | 4 | | apply an
amount otherwise subject to credit or refund to a | 5 | | liability
arising under this Article; (ii) except in the | 6 | | case of an
extended period agreed to by the Illinois | 7 | | Department and the
long term care provider prior to the | 8 | | expiration of this limitation
period, a claim for credit or | 9 | | refund must be filed no more than 3
years after the due | 10 | | date of the return required by Section 5B-5
(rather than | 11 | | the time limitation stated in ROTA, Section 6); and
(iii) | 12 | | credits or refunds shall not bear interest.
| 13 | | (12) ROTA, Section 6a (claims for credit or refund).
| 14 | | (13) ROTA, Section 6b (tentative determination of | 15 | | claim; notice;
hearing; review), provided that a long-term | 16 | | care provider or its
representative shall have 60 days | 17 | | (rather than 20 days) within
which to file a protest and | 18 | | request for hearing in response to a
tentative | 19 | | determination of claim.
| 20 | | (14) ROTA, Section 6c (finality of tentative | 21 | | determinations).
| 22 | | (15) ROTA, Section 8 (investigations and hearings).
| 23 | | (16) ROTA, Section 9 (witness; immunity).
| 24 | | (17) ROTA, Section 10 (issuance of subpoenas; | 25 | | attendance of
witnesses; production of books and records).
| 26 | | (18) ROTA, Section 11 (information confidential; |
| | | SB1667 | - 23 - | LRB097 09068 KTG 50057 b |
|
| 1 | | exceptions).
| 2 | | (19) ROTA, Section 12 (rules and regulations; hearing;
| 3 | | appeals), except that a long-term care provider shall not | 4 | | be
required to file a bond or be subject to a lien in lieu | 5 | | thereof
in order to seek court review under the | 6 | | Administrative Review Law
of a final assessment or revised | 7 | | final assessment or the
equivalent thereof issued by the | 8 | | Illinois Department under this Article.
| 9 | | (b) In addition to any other remedy provided for and | 10 | | without sending a
notice of assessment liability, the Illinois | 11 | | Department may collect an
unpaid assessment by withholding, as | 12 | | payment of the assessment,
reimbursements or other amounts | 13 | | otherwise payable by the Illinois
Department to the provider.
| 14 | | (Source: P.A. 87-861.)
| 15 | | (305 ILCS 5/Art. V-E rep.) | 16 | | (305 ILCS 5/5E-5 rep.) | 17 | | (305 ILCS 5/5E-10 rep.) | 18 | | (305 ILCS 5/5E-15 rep.) | 19 | | Section 10. If and only if Senate Bill 3088 of
the 96th | 20 | | General Assembly becomes law, then the Illinois Public Aid Code | 21 | | is amended by repealing Article V-E.
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law or on the effective date of Senate Bill 3088 of | 24 | | the 96th General Assembly, whichever is later.
|
|