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305 ILCS 5/5-5.7a

    (305 ILCS 5/5-5.7a)
    Sec. 5-5.7a. Pandemic related stability payments for health care providers. Notwithstanding other provisions of law, and in accordance with the Illinois Emergency Management Agency, the Department of Healthcare and Family Services shall develop a process to distribute pandemic related stability payments, from federal sources dedicated for such purposes, to health care providers that are providing care to recipients under the Medical Assistance Program. For provider types serving residents who are recipients of medical assistance under this Code and are funded by other State agencies, the Department will coordinate the distribution process of the pandemic related stability payments. Federal sources dedicated to pandemic related payments include, but are not limited to, funds distributed to the State of Illinois from the Coronavirus Relief Fund pursuant to the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") and appropriated to the Department for such purpose during Fiscal Years 2020 and 2021.
        (1) Pandemic related stability payments for these
    
providers shall be separate and apart from any rate methodology otherwise defined in this Code.
        (2) Payments shall be exclusively for expenses
    
incurred by the providers related to the pandemic associated with the 2019 Novel Coronavirus (COVID-19) Public Health Emergency issued by the Secretary of the U.S. Department of Health and Human Services (HHS) on January 31, 2020 and the national emergency issued by the President of the United States on March 13, 2020 between March 1, and December 30, 2020.
        (3) All providers receiving pandemic related
    
stability payments shall attest in a format to be created by the Department and be able to demonstrate that their expenses are pandemic related, were not part of their annual budgets established before March 1, 2020, and are directly associated with health care needs.
        (4) Pandemic related stability payments will be
    
distributed based on a schedule and framework to be established by the Department with recognition of the pandemic related acuity of the situation for each provider, taking into account the factors including, but not limited to, the following;
            (A) the impact of the pandemic on patients
        
served, impact on staff, and shortages of the personal protective equipment necessary for infection control efforts for all providers;
            (B) providers with high incidences of COVID-19
        
among staff, or patients, or both;
            (C) pandemic related workforce challenges and
        
costs associated with temporary wage increased associated with pandemic related hazard pay programs, or costs associated with which providers do not have enough staff to adequately provide care and protection to the residents and other staff;
            (D) providers with significant reductions in
        
utilization that result in corresponding reductions in revenue as a result of the pandemic, including but not limited to the cancellation or postponement of elective procedures and visits; and
            (E) pandemic related payments received directly
        
by the providers through other federal resources.
        (5) Pandemic related stability payments will be
    
distributed to providers based on a methodology to be administered by the Department with amounts determined by a calculation of total federal pandemic related funds appropriated by the Illinois General Assembly for this purpose. Providers receiving the pandemic related stability payments will attest to their increased costs, declining revenues, and receipt of additional pandemic related funds directly from the federal government.
        (6) Of the payments provided for by this section, a
    
minimum of 30% shall be allotted for health care providers that serve the ZIP codes located in the most disproportionately impacted areas of Illinois, based on positive COVID-19 cases based on data collected by the Department of Public Health and provided to the Department of Healthcare and Family Services.
(Source: P.A. 101-636, eff. 6-10-20.)