Illinois Compiled Statutes
Information maintained by the Legislative
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
320 ILCS 40/15
(320 ILCS 40/15)
(from Ch. 23, par. 6915)
(a) The Department of Healthcare and Family Services must prepare and submit a PACE State Plan amendment no later than December 31, 2022 to the federal Centers for Medicare and Medicaid Services to establish the Program of All-Inclusive Care for the Elderly (PACE program) to provide community-based, risk-based, and capitated long-term care services as optional services under the Illinois Title XIX State Plan and under contracts entered into between the federal Centers for Medicare and Medicaid Services, the Department of Healthcare and Family Services, and PACE organizations, meeting the requirements of the Balanced Budget Act of 1997 (Public Law 105-33) and any other applicable law or regulation.
(b) The Department of Healthcare and Family Services shall facilitate the PACE organization application process no later than
December 31, 2023.
(c) All PACE organizations selected shall begin operations no later than June 30,
(d) Using a risk-based financing model, the organizations contracted to implement
the PACE program shall assume responsibility for all costs generated by
the PACE program participants, and shall create and maintain a risk
reserve fund that will cover any cost overages for any participant. The
PACE program is responsible for the entire range of services in the
consolidated service model, including hospital and nursing home care,
according to participant need as determined by a multidisciplinary team.
The contracted organizations are responsible for
the full financial risk. Specific arrangements of the risk-based
financing model shall be adopted and negotiated by the federal Centers for Medicare and Medicaid Services, the organizations contracted to implement the PACE
program, and the Department of Healthcare and Family Services.
(e) The requirements of the PACE model, as provided for under Section 1894 (42 U.S.C. Sec. 1395eee) and Section 1934 (42 U.S.C. Sec. 1396u-4) of the federal Social Security Act, shall not be waived or modified. The requirements that shall not be waived or modified include all of the following:
(1) The focus on frail elderly qualifying individuals
who require the level of care provided in a nursing facility.
(2) The delivery of comprehensive, integrated acute
and long-term care services.
(3) The interdisciplinary team approach to care
management and service delivery.
(4) Capitated, integrated financing that allows the
provider to pool payments received from public and private programs and individuals.
(5) The assumption by the provider of full financial
(6) The provision of a PACE benefit package for all
participants, regardless of source of payment, that shall include all of the following:
(A) All Medicare-covered items and services.
(B) All Medicaid-covered items and services, as
specified in the Illinois Title XIX State Plan.
(C) Other services determined necessary by the
interdisciplinary team to improve and maintain the participant's overall health status.
(f) The provisions under Sections 1-7 and 5-4 of the Illinois Public Aid Code and under 80 Ill. Adm. Code 120.379, 120.380, and 120.385 shall apply when determining the eligibility for medical assistance of a person receiving PACE services from an organization providing services under this Act.
(g) Provisions governing the treatment of income and resources of a married couple, for the purposes of determining the eligibility of a nursing-facility certifiable or institutionalized spouse, shall be established so as to qualify for federal financial participation.
(h) Notwithstanding subsection (e), and only to the extent federal financial participation is available, the Department of Healthcare and Family Services, in consultation with PACE organizations, may seek increased federal regulatory flexibility from the federal Centers for Medicare and Medicaid Services to modernize the PACE program, which may include, but is not limited to, addressing all of the following:
(A) Composition of PACE interdisciplinary teams.
(B) Use of community-based physicians.
(C) Marketing practices.
(D) Development of a streamlined PACE waiver process.
This subsection shall be operative upon federal approval of a capitation rate methodology as provided under Section 16.
(i) Each PACE organization shall provide the Department with required reporting documents as set forth in 42 CFR 460.190 through 42 CFR 460.196.
(Source: P.A. 102-43, eff. 7-6-21.)