Full Text of SB3690 97th General Assembly
SB3690enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Budget Law of the Civil Administrative | 5 | | Code of Illinois is amended by changing Section 50-30 as | 6 | | follows: | 7 | | (15 ILCS 20/50-30) | 8 | | Sec. 50-30. Long-term care rebalancing. In light of the | 9 | | increasing demands confronting the State in meeting the needs | 10 | | of individuals utilizing long-term care services under the | 11 | | medical assistance program and any other long-term care related | 12 | | benefit program administered by the State, it is the intent of | 13 | | the General Assembly to address the needs of both the State and | 14 | | the individuals eligible for such services by cost effective | 15 | | and efficient means through the advancement of a long-term care | 16 | | rebalancing initiative. Notwithstanding any State law to the | 17 | | contrary, and subject to federal laws, regulations, and court | 18 | | decrees, the following shall apply to the long-term care | 19 | | rebalancing initiative: | 20 | | (1) "Long-term care rebalancing", as used in this | 21 | | Section, means removing barriers to community living for | 22 | | people of all ages with disabilities and long-term | 23 | | illnesses by offering individuals utilizing long-term care |
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| 1 | | services a reasonable array of options, in particular | 2 | | adequate choices of community and institutional options, | 3 | | to achieve a balance between the proportion of total | 4 | | Medicaid long-term support expenditures used for | 5 | | institutional services and those used for community-based | 6 | | supports , taking into account the relative costs | 7 | | associated with caring for medically compromised, frail | 8 | | older adults who need institutional care and the costs | 9 | | associated with providing support services to higher | 10 | | functioning, less medically compromised older adults who | 11 | | are able to live independently in the community . | 12 | | (2) Subject to the provisions of this Section, the | 13 | | Governor shall create a unified budget report identifying | 14 | | the budgets of all State agencies offering long-term care | 15 | | services to persons in either institutional or community | 16 | | settings, including the budgets of State-operated | 17 | | facilities for persons with developmental disabilities | 18 | | that shall include, but not be limited to, the following | 19 | | service and financial data: | 20 | | (A) A breakdown of long-term care services, | 21 | | defined as institutional or community care, by the | 22 | | State agency primarily responsible for administration | 23 | | of the program. | 24 | | (B) Actual and estimated enrollment, caseload, | 25 | | service hours, or service days provided for long-term | 26 | | care services described in a consistent format for |
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| 1 | | those services, for each of the following age groups: | 2 | | older adults 65 years of age and older, younger adults | 3 | | 21 years of age through 64 years of age, and children | 4 | | under 21 years of age. | 5 | | (C) Funding sources for long-term care services. | 6 | | (D) Comparison of service and expenditure data, by | 7 | | services, both in aggregate and per person enrolled. | 8 | | (3) For each fiscal year, the unified budget report | 9 | | described in subdivision (2) shall be prepared with | 10 | | reference to the prioritized outcomes for that fiscal year | 11 | | contemplated by Sections 50-5 and 50-25 of this Code. | 12 | | (4) Each State agency responsible for the | 13 | | administration of long-term care services shall provide an | 14 | | analysis of the progress being made by the agency to | 15 | | transition persons from institutional to community | 16 | | settings, where appropriate, as part of the State's | 17 | | long-term care rebalancing initiative. | 18 | | (5) The Governor may designate amounts set aside for | 19 | | institutional services appropriated from the General | 20 | | Revenue Fund or any other State fund that receives monies | 21 | | for long-term care services to be transferred to all State | 22 | | agencies responsible for the administration of | 23 | | community-based long-term care programs, including, but | 24 | | not limited to, community-based long-term care programs | 25 | | administered by the Department of Healthcare and Family | 26 | | Services, the Department of Human Services, and the |
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| 1 | | Department on Aging, provided that the Director of | 2 | | Healthcare and Family Services first certifies that the | 3 | | amounts being transferred are necessary for the purpose of | 4 | | assisting persons in or at risk of being in institutional | 5 | | care to transition to community-based settings, including | 6 | | the financial data needed to prove the need for the | 7 | | transfer of funds. The total amounts transferred shall not | 8 | | exceed 4% in total of the amounts appropriated from the | 9 | | General Revenue Fund or any other State fund that receives | 10 | | monies for long-term care services for each fiscal year. A | 11 | | notice of the fund transfer must be made to the General | 12 | | Assembly and posted at a minimum on the Department of | 13 | | Healthcare and Family Services website, the Governor's | 14 | | Office of Management and Budget website, and any other | 15 | | website the Governor sees fit. These postings shall serve | 16 | | as notice to the General Assembly of the amounts to be | 17 | | transferred. Notice shall be given at least 30 days prior | 18 | | to transfer. | 19 | | (6) This Section shall be liberally construed and | 20 | | interpreted in a manner that allows the State to advance | 21 | | its long-term care rebalancing initiatives.
| 22 | | (Source: P.A. 96-1501, eff. 1-25-11.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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