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90_HB3431enr
305 ILCS 5/5-1 from Ch. 23, par. 5-1
Amends the Medicaid Article of the Public Aid Code.
Makes a stylistic change in a Section concerning purpose of
the Medicaid program.
LRB9010626DJcd
HB3431 Enrolled LRB9010626DJcd
1 AN ACT concerning managed care community networks,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Health Maintenance Organization Act is
6 amended by changing Section 2-1 as follows:
7 (215 ILCS 125/2-1) (from Ch. 111 1/2, par. 1403)
8 Sec. 2-1. Certificate of authority - Exception for
9 corporate employee programs - Applications - Material
10 modification of operation.
11 (a) No organization shall establish or operate a Health
12 Maintenance Organization in this State without obtaining a
13 certificate of authority under this Act. No person other
14 than an organization may lawfully establish or operate a
15 Health Maintenance Organization in this State. This Act
16 shall not apply to the establishment and operation of a
17 Health Maintenance Organization exclusively providing or
18 arranging for health care services to employees of a
19 corporate affiliate of such Health Maintenance Organization.
20 This exclusion shall be available only to those Health
21 Maintenance Organizations which require employee
22 contributions which equal less than 50% of the total cost of
23 the health care plan, with the remainder of the cost being
24 paid by the corporate affiliate which is the employer of the
25 participants in the plan. This Act shall not apply to the
26 establishment and operation of a Health Maintenance
27 Organization exclusively providing or arranging health care
28 services under contract with the State to persons committed
29 to the custody of the Illinois Department of Corrections.
30 This Act does not apply to the establishment and operation of
31 (i) a managed care community network providing or arranging
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1 health care services under contract with the State
2 exclusively to persons who are enrolled in the integrated
3 health care program established under Section 5-16.3 of the
4 Illinois Public Aid Code or (ii) a managed care community
5 network owned, operated, or governed by a county provider as
6 defined in Section 15-1 of that Code.
7 This Act does not apply to the establishment and
8 operation of managed care community networks that are
9 certified as risk-bearing entities under Section 5-11 of the
10 Illinois Public Aid Code and that contract with the Illinois
11 Department of Public Aid pursuant to that Section.
12 (b) Any organization may apply to the Director for and
13 obtain a certificate of authority to establish and operate a
14 Health Maintenance Organization in compliance with this Act.
15 A foreign corporation may qualify under this Act, subject to
16 its registration to do business in this State as a foreign
17 corporation.
18 (c) Each application for a certificate of authority
19 shall be filed in triplicate and verified by an officer or
20 authorized representative of the applicant, shall be in a
21 form prescribed by the Director, and shall set forth, without
22 limiting what may be required by the Director, the following:
23 (1) A copy of the organizational document;
24 (2) A copy of the bylaws, rules and regulations, or
25 similar document regulating the conduct of the internal
26 affairs of the applicant, which shall include a mechanism
27 to afford the enrollees an opportunity to participate in
28 an advisory capacity in matters of policy and operations;
29 (3) A list of the names, addresses, and official
30 positions of the persons who are to be responsible for
31 the conduct of the affairs of the applicant; including,
32 but not limited to, all members of the board of
33 directors, executive committee, the principal officers,
34 and any person or entity owning or having the right to
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1 acquire 10% or more of the voting securities or
2 subordinated debt of the applicant;
3 (4) A statement generally describing the applicant,
4 geographic area to be served, its facilities, personnel
5 and the health care services to be offered;
6 (5) A copy of the form of any contract made or to
7 be made between the applicant and any providers regarding
8 the provision of health care services to enrollees;
9 (6) A copy of the form of any contract made or to
10 be made between the applicant and any person listed in
11 paragraph (3) of this subsection;
12 (7) A copy of the form of any contract made or to
13 be made between the applicant and any person,
14 corporation, partnership or other entity for the
15 performance on the applicant's behalf of any functions
16 including, but not limited to, marketing, administration,
17 enrollment, investment management and subcontracting for
18 the provision of health services to enrollees;
19 (8) A copy of the form of any group contract which
20 is to be issued to employers, unions, trustees, or other
21 organizations and a copy of any form of evidence of
22 coverage to be issued to any enrollee or subscriber and
23 any advertising material;
24 (9) Descriptions of the applicant's procedures for
25 resolving enrollee grievances which must include
26 procedures providing for enrollees participation in the
27 resolution of grievances;
28 (10) A copy of the applicant's most recent
29 financial statements audited by an independent certified
30 public accountant. If the financial affairs of the
31 applicant's parent company are audited by an independent
32 certified public accountant but those of the applicant
33 are not, then a copy of the most recent audited financial
34 statement of the applicant's parent, attached to which
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1 shall be consolidating financial statements of the parent
2 including separate unaudited financial statements of the
3 applicant, unless the Director determines that additional
4 or more recent financial information is required for the
5 proper administration of this Act;
6 (11) A copy of the applicant's financial plan,
7 including a three-year projection of anticipated
8 operating results, a statement of the sources of working
9 capital, and any other sources of funding and provisions
10 for contingencies;
11 (12) A description of rate methodology;
12 (13) A description of the proposed method of
13 marketing;
14 (14) A copy of every filing made with the Illinois
15 Secretary of State which relates to the applicant's
16 registered agent or registered office;
17 (15) A description of the complaint procedures to
18 be established and maintained as required under Section
19 4-6 of this Act;
20 (16) A description, in accordance with regulations
21 promulgated by the Illinois Department of Public Health,
22 of the quality assessment and utilization review
23 procedures to be utilized by the applicant;
24 (17) The fee for filing an application for issuance
25 of a certificate of authority provided in Section 408 of
26 the Illinois Insurance Code, as now or hereafter amended;
27 and
28 (18) Such other information as the Director may
29 reasonably require to make the determinations required by
30 this Act.
31 (Source: P.A. 88-554, eff. 7-26-94.)
32 Section 10. The Illinois Public Aid Code is amended by
33 changing Sections 5-11, 15-2, 15-3, and 15-5 as follows:
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1 (305 ILCS 5/5-11) (from Ch. 23, par. 5-11)
2 Sec. 5-11. Co-operative arrangements; contracts with
3 other State agencies, health care and rehabilitation
4 organizations, and fiscal intermediaries.
5 (a) The Illinois Department may enter into co-operative
6 arrangements with State agencies responsible for
7 administering or supervising the administration of health
8 services and vocational rehabilitation services to the end
9 that there may be maximum utilization of such services in the
10 provision of medical assistance.
11 The Illinois Department shall, not later than June 30,
12 1993, enter into one or more co-operative arrangements with
13 the Department of Mental Health and Developmental
14 Disabilities providing that the Department of Mental Health
15 and Developmental Disabilities will be responsible for
16 administering or supervising all programs for services to
17 persons in community care facilities for persons with
18 developmental disabilities, including but not limited to
19 intermediate care facilities, that are supported by State
20 funds or by funding under Title XIX of the federal Social
21 Security Act. The responsibilities of the Department of
22 Mental Health and Developmental Disabilities under these
23 agreements are transferred to the Department of Human
24 Services as provided in the Department of Human Services Act.
25 The Department may also contract with such State health
26 and rehabilitation agencies and other public or private
27 health care and rehabilitation organizations to act for it in
28 supplying designated medical services to persons eligible
29 therefor under this Article. Any contracts with health
30 services or health maintenance organizations shall be
31 restricted to organizations which have been certified as
32 being in compliance with standards promulgated pursuant to
33 the laws of this State governing the establishment and
34 operation of health services or health maintenance
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1 organizations. The Department may also contract with
2 insurance companies or other corporate entities serving as
3 fiscal intermediaries in this State for the Federal
4 Government in respect to Medicare payments under Title XVIII
5 of the Federal Social Security Act to act for the Department
6 in paying medical care suppliers. The provisions of Section
7 9 of "An Act in relation to State finance", approved June 10,
8 1919, as amended, notwithstanding, such contracts with State
9 agencies, other health care and rehabilitation organizations,
10 or fiscal intermediaries may provide for advance payments.
11 (b) For purposes of this subsection (b), "managed care
12 community network" means an entity, other than a health
13 maintenance organization, that is owned, operated, or
14 governed by providers of health care services within this
15 State and that provides or arranges primary, secondary, and
16 tertiary managed health care services under contract with the
17 Illinois Department exclusively to persons participating in
18 programs administered by the Illinois Department.
19 The Illinois Department may certify managed care
20 community networks, including managed care community networks
21 owned, operated, managed, or governed by State-funded medical
22 schools, as risk-bearing entities eligible to contract with
23 the Illinois Department as Medicaid managed care
24 organizations. The Illinois Department may contract with
25 those managed care community networks to furnish health care
26 services to or arrange those services for individuals
27 participating in programs administered by the Illinois
28 Department. The rates for those provider-sponsored
29 organizations may be determined on a prepaid, capitated
30 basis. A managed care community network may choose to
31 contract with the Illinois Department to provide only
32 pediatric health care services. The Illinois Department shall
33 by rule adopt the criteria, standards, and procedures by
34 which a managed care community network may be permitted to
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1 contract with the Illinois Department and shall consult with
2 the Department of Insurance in adopting these rules.
3 A county provider as defined in Section 15-1 of this Code
4 may contract with the Illinois Department to provide primary,
5 secondary, or tertiary managed health care services as a
6 managed care community network without the need to establish
7 a separate entity and shall be deemed a managed care
8 community network for purposes of this Code only to the
9 extent it provides services to participating individuals. A
10 county provider is entitled to contract with the Illinois
11 Department with respect to any contracting region located in
12 whole or in part within the county. A county provider is not
13 required to accept enrollees who do not reside within the
14 county.
15 In order to (i) accelerate and facilitate the development
16 of integrated health care in contracting areas outside
17 counties with populations in excess of 3,000,000 and counties
18 adjacent to those counties and (ii) maintain and sustain the
19 high quality of education and residency programs coordinated
20 and associated with local area hospitals, the Illinois
21 Department may develop and implement a demonstration program
22 from managed care community networks owned, operated,
23 managed, or governed by State-funded medical schools. The
24 Illinois Department shall prescribe by rule the criteria,
25 standards, and procedures for effecting this demonstration
26 program.
27 A managed care community network that contracts with the
28 Illinois Department to furnish health care services to or
29 arrange those services for enrollees participating in
30 programs administered by the Illinois Department shall do all
31 of the following:
32 (1) Provide that any provider affiliated with the
33 managed care community network may also provide services
34 on a fee-for-service basis to Illinois Department clients
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1 not enrolled in such managed care entities.
2 (2) Provide client education services as determined
3 and approved by the Illinois Department, including but
4 not limited to (i) education regarding appropriate
5 utilization of health care services in a managed care
6 system, (ii) written disclosure of treatment policies and
7 restrictions or limitations on health services,
8 including, but not limited to, physical services,
9 clinical laboratory tests, hospital and surgical
10 procedures, prescription drugs and biologics, and
11 radiological examinations, and (iii) written notice that
12 the enrollee may receive from another provider those
13 covered services that are not provided by the managed
14 care community network.
15 (3) Provide that enrollees within the system may
16 choose the site for provision of services and the panel
17 of health care providers.
18 (4) Not discriminate in enrollment or disenrollment
19 practices among recipients of medical services or
20 enrollees based on health status.
21 (5) Provide a quality assurance and utilization
22 review program that meets the requirements established by
23 the Illinois Department in rules that incorporate those
24 standards set forth in the Health Maintenance
25 Organization Act.
26 (6) Issue a managed care community network
27 identification card to each enrollee upon enrollment.
28 The card must contain all of the following:
29 (A) The enrollee's health plan.
30 (B) The name and telephone number of the
31 enrollee's primary care physician or the site for
32 receiving primary care services.
33 (C) A telephone number to be used to confirm
34 eligibility for benefits and authorization for
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1 services that is available 24 hours per day, 7 days
2 per week.
3 (7) Ensure that every primary care physician and
4 pharmacy in the managed care community network meets the
5 standards established by the Illinois Department for
6 accessibility and quality of care. The Illinois
7 Department shall arrange for and oversee an evaluation of
8 the standards established under this paragraph (7) and
9 may recommend any necessary changes to these standards.
10 (8) Provide a procedure for handling complaints
11 that meets the requirements established by the Illinois
12 Department in rules that incorporate those standards set
13 forth in the Health Maintenance Organization Act.
14 (9) Maintain, retain, and make available to the
15 Illinois Department records, data, and information, in a
16 uniform manner determined by the Illinois Department,
17 sufficient for the Illinois Department to monitor
18 utilization, accessibility, and quality of care.
19 (10) Provide that the pharmacy formulary used by
20 the managed care community network and its contract
21 providers be no more restrictive than the Illinois
22 Department's pharmaceutical program on the effective date
23 of this amendatory Act of 1998 and as amended after that
24 date.
25 The Illinois Department shall contract with an entity or
26 entities to provide external peer-based quality assurance
27 review for the managed health care programs administered by
28 the Illinois Department. The entity shall be representative
29 of Illinois physicians licensed to practice medicine in all
30 its branches and have statewide geographic representation in
31 all specialities of medical care that are provided in managed
32 health care programs administered by the Illinois Department.
33 The entity may not be a third party payer and shall maintain
34 offices in locations around the State in order to provide
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1 service and continuing medical education to physician
2 participants within those managed health care programs
3 administered by the Illinois Department. The review process
4 shall be developed and conducted by Illinois physicians
5 licensed to practice medicine in all its branches. In
6 consultation with the entity, the Illinois Department may
7 contract with other entities for professional peer-based
8 quality assurance review of individual categories of services
9 other than services provided, supervised, or coordinated by
10 physicians licensed to practice medicine in all its branches.
11 The Illinois Department shall establish, by rule, criteria to
12 avoid conflicts of interest in the conduct of quality
13 assurance activities consistent with professional peer-review
14 standards. All quality assurance activities shall be
15 coordinated by the Illinois Department.
16 Each managed care community network must demonstrate its
17 ability to bear the financial risk of serving individuals
18 under this program. The Illinois Department shall by rule
19 adopt standards for assessing the solvency and financial
20 soundness of each managed care community network. Any
21 solvency and financial standards adopted for managed care
22 community networks shall be no more restrictive than the
23 solvency and financial standards adopted under Section
24 1856(a) of the Social Security Act for provider-sponsored
25 organizations under Part C of Title XVIII of the Social
26 Security Act.
27 The Illinois Department may implement the amendatory
28 changes to this Code made by this amendatory Act of 1998
29 through the use of emergency rules in accordance with Section
30 5-45 of the Illinois Administrative Procedure Act. For
31 purposes of that Act, the adoption of rules to implement
32 these changes is deemed an emergency and necessary for the
33 public interest, safety, and welfare.
34 (c) Not later than June 30, 1996, the Illinois
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1 Department shall enter into one or more cooperative
2 arrangements with the Department of Public Health for the
3 purpose of developing a single survey for nursing facilities,
4 including but not limited to facilities funded under Title
5 XVIII or Title XIX of the federal Social Security Act or
6 both, which shall be administered and conducted solely by the
7 Department of Public Health. The Departments shall test the
8 single survey process on a pilot basis, with both the
9 Departments of Public Aid and Public Health represented on
10 the consolidated survey team. The pilot will sunset June 30,
11 1997. After June 30, 1997, unless otherwise determined by
12 the Governor, a single survey shall be implemented by the
13 Department of Public Health which would not preclude staff
14 from the Department of Public Aid from going on-site to
15 nursing facilities to perform necessary audits and reviews
16 which shall not replicate the single State agency survey
17 required by this Act. This Section shall not apply to
18 community or intermediate care facilities for persons with
19 developmental disabilities.
20 (Source: P.A. 89-415, eff. 1-1-96; 89-507, eff. 7-1-97.)
21 (305 ILCS 5/15-2) (from Ch. 23, par. 15-2)
22 Sec. 15-2. County Provider Trust Fund.
23 (a) There is created in the State Treasury the County
24 Provider Trust Fund. Interest earned by the Fund shall be
25 credited to the Fund. The Fund shall not be used to replace
26 any funds appropriated to the Medicaid program by the General
27 Assembly.
28 (b) The Fund is created solely for the purposes of
29 receiving, investing, and distributing monies in accordance
30 with this Article XV. The Fund shall consist of:
31 (1) All monies collected or received by the
32 Illinois Department under Section 15-3 of this Code;
33 (2) All federal financial participation monies
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1 received by the Illinois Department pursuant to Title XIX
2 of the Social Security Act, 42 U.S.C. 1396(b),
3 attributable to eligible expenditures made by the
4 Illinois Department pursuant to Section 15-5 of this
5 Code;
6 (3) All other monies received by the Fund from any
7 source, including interest thereon.
8 (c) Disbursements from the Fund shall be by warrants
9 drawn by the State Comptroller upon receipt of vouchers duly
10 executed and certified by the Illinois Department and shall
11 be made only:
12 (1) For hospital inpatient care, hospital
13 outpatient care, care provided by other outpatient
14 facilities operated by a county, and disproportionate
15 share hospital payments made under Title XIX of the
16 Social Security Act and Article V of this Code as
17 required by Section 15-5 of this Code;
18 (1.5) For services provided by county providers
19 pursuant to Section 5-11 or 5-16.3 of this Code;
20 (2) For the reimbursement of administrative
21 expenses incurred by county providers on behalf of the
22 Illinois Department as permitted by Section 15-4 of this
23 Code;
24 (3) For the reimbursement of monies received by the
25 Fund through error or mistake;
26 (4) For the payment of administrative expenses
27 necessarily incurred by the Illinois Department or its
28 agent in performing the activities required by this
29 Article XV; and
30 (5) For the payment of any amounts that are
31 reimbursable to the federal government, attributable
32 solely to the Fund, and required to be paid by State
33 warrant.
34 (Source: P.A. 87-13; 88-554, eff. 7-26-94.)
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1 (305 ILCS 5/15-3) (from Ch. 23, par. 15-3)
2 Sec. 15-3. Intergovernmental Transfers.
3 (a) Each qualifying county shall make an annual
4 intergovernmental transfer to the Illinois Department in an
5 amount equal to 71.7% of the difference between the total
6 payments made by the Illinois Department to such county
7 provider for hospital services under Title XIX of the Social
8 Security Act or pursuant to Section 5-11 or 5-16.3 of this
9 Code in each fiscal year ending June 30 (or fraction thereof
10 during the fiscal year ending June 30, 1993) and $108,800,000
11 (or fraction thereof), except that the annual
12 intergovernmental transfer shall not exceed the total
13 payments made by the Illinois Department to such county
14 provider for hospital services under this Code or pursuant to
15 Section 5-16.3 of this Code, less 50% of payments
16 reimbursable under Title XIX of the Social Security Act in
17 each fiscal year ending June 30 (or fraction thereof).
18 (b) The payment schedule for the intergovernmental
19 transfer made hereunder shall be established by
20 intergovernmental agreement between the Illinois Department
21 and the applicable county, which agreement shall at a minimum
22 provide:
23 (1) For periodic payments no less frequently than
24 monthly to the county provider for inpatient and
25 outpatient approved or adjudicated claims and for
26 disproportionate share payments under Section 5-5.02 of
27 this Code (in the initial year, for services after July
28 1, 1991, or such other date as an approved State Medical
29 Assistance Plan shall provide) and to the county provider
30 pursuant to Section 5-16.3 of this Code.
31 (2) For periodic payments no less frequently than
32 monthly to the county provider for supplemental
33 disproportionate share payments hereunder based on a
34 federally approved State Medical Assistance Plan.
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1 (3) For calculation of the intergovernmental
2 transfer payment to be made by the county equal to 71.7%
3 of the difference between the amount of the periodic
4 payment and the base amount; provided, however, that if
5 the periodic payment for any period is less than the base
6 amount for such period, the base amount for the
7 succeeding period (and any successive period if
8 necessary) shall be increased by the amount of such
9 shortfall.
10 (4) For an intergovernmental transfer methodology
11 which obligates the Illinois Department to notify the
12 county and county provider in writing of each impending
13 periodic payment and the intergovernmental transfer
14 payment attributable thereto and which obligates the
15 Comptroller to release the periodic payment to the county
16 provider within one working day of receipt of the
17 intergovernmental transfer payment from the county.
18 (Source: P.A. 87-13; 87-861; 88-85; 88-88; 88-554, eff.
19 7-26-94.)
20 (305 ILCS 5/15-5) (from Ch. 23, par. 15-5)
21 Sec. 15-5. Disbursements from the Fund.
22 (a) The monies in the Fund shall be disbursed only as
23 provided in Section 15-2 of this Code and as follows:
24 (1) To pay the county hospitals' inpatient
25 reimbursement rate based on actual costs, trended forward
26 annually by an inflation index and supplemented by
27 teaching, capital, and other direct and indirect costs,
28 according to a State plan approved by the federal
29 government. Effective October 1, 1992, the inpatient
30 reimbursement rate (including any disproportionate or
31 supplemental disproportionate share payments) for
32 hospital services provided by county operated facilities
33 within the County shall be no less than the reimbursement
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1 rates in effect on June 1, 1992, except that this minimum
2 shall be adjusted as of July 1, 1992 and each July 1
3 thereafter by the annual percentage change in the per
4 diem cost of inpatient hospital services as reported in
5 the most recent annual Medicaid cost report.
6 (2) To pay county hospitals and county operated
7 outpatient facilities for outpatient services based on a
8 federally approved methodology to cover the maximum
9 allowable costs per patient visit. Effective October 1,
10 1992, the outpatient reimbursement rate for outpatient
11 services provided by county hospitals and county operated
12 outpatient facilities shall be no less than the
13 reimbursement rates in effect on June 1, 1992, except
14 that this minimum shall be adjusted as of July 1, 1992
15 and each July 1 thereafter by the annual percentage
16 change in the per diem cost of inpatient hospital
17 services as reported in the most recent annual Medicaid
18 cost report.
19 (3) To pay the county hospitals' disproportionate
20 share payments as established by the Illinois Department
21 under Section 5-5.02 of this Code. Effective October 1,
22 1992, the disproportionate share payments for hospital
23 services provided by county operated facilities within
24 the County shall be no less than the reimbursement rates
25 in effect on June 1, 1992, except that this minimum shall
26 be adjusted as of July 1, 1992 and each July 1 thereafter
27 by the annual percentage change in the per diem cost of
28 inpatient hospital services as reported in the most
29 recent annual Medicaid cost report.
30 (3.5) To pay county providers for services provided
31 pursuant to Section 5-11 or 5-16.3 of this Code.
32 (4) To reimburse the county providers for expenses
33 contractually assumed pursuant to Section 15-4 of this
34 Code.
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1 (5) To pay the Illinois Department its necessary
2 administrative expenses relative to the Fund and other
3 amounts agreed to, if any, by the county providers in the
4 agreement provided for in subsection (c).
5 (6) To pay the county hospitals' supplemental
6 disproportionate share payments, hereby authorized, as
7 specified in the agreement provided for in subsection (c)
8 and according to a federally approved State plan.
9 Effective October 1, 1992, the supplemental
10 disproportionate share payments for hospital services
11 provided by county operated facilities within the County
12 shall be no less than the reimbursement rates in effect
13 on June 1, 1992, except that this minimum shall be
14 adjusted as of July 1, 1992 and each July 1 thereafter by
15 the annual percentage change in the per diem cost of
16 inpatient hospital services as reported in the most
17 recent annual Medicaid cost report.
18 (b) The Illinois Department shall promptly seek all
19 appropriate amendments to the Illinois State Plan to effect
20 the foregoing payment methodology.
21 (c) The Illinois Department shall implement the changes
22 made by Article 3 of this amendatory Act of 1992 beginning
23 October 1, 1992. All terms and conditions of the
24 disbursement of monies from the Fund not set forth expressly
25 in this Article shall be set forth in the agreement executed
26 under the Intergovernmental Cooperation Act so long as those
27 terms and conditions are not inconsistent with this Article
28 or applicable federal law. The Illinois Department shall
29 report in writing to the Hospital Service Procurement
30 Advisory Board and the Health Care Cost Containment Council
31 by October 15, 1992, the terms and conditions of all such
32 initial agreements and, where no such initial agreement has
33 yet been executed with a qualifying county, the Illinois
34 Department's reasons that each such initial agreement has not
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1 been executed. Copies and reports of amended agreements
2 following the initial agreements shall likewise be filed by
3 the Illinois Department with the Hospital Service Procurement
4 Advisory Board and the Health Care Cost Containment Council
5 within 30 days following their execution. The foregoing
6 filing obligations of the Illinois Department are
7 informational only, to allow the Board and Council,
8 respectively, to better perform their public roles, except
9 that the Board or Council may, at its discretion, advise the
10 Illinois Department in the case of the failure of the
11 Illinois Department to reach agreement with any qualifying
12 county by the required date.
13 (d) The payments provided for herein are intended to
14 cover services rendered on and after July 1, 1991, and any
15 agreement executed between a qualifying county and the
16 Illinois Department pursuant to this Section may relate back
17 to that date, provided the Illinois Department obtains
18 federal approval. Any changes in payment rates resulting
19 from the provisions of Article 3 of this amendatory Act of
20 1992 are intended to apply to services rendered on or after
21 October 1, 1992, and any agreement executed between a
22 qualifying county and the Illinois Department pursuant to
23 this Section may be effective as of that date.
24 (e) If one or more hospitals file suit in any court
25 challenging any part of this Article XV, payments to
26 hospitals from the Fund under this Article XV shall be made
27 only to the extent that sufficient monies are available in
28 the Fund and only to the extent that any monies in the Fund
29 are not prohibited from disbursement and may be disbursed
30 under any order of the court.
31 (f) All payments under this Section are contingent upon
32 federal approval of changes to the State plan, if that
33 approval is required.
34 (Source: P.A. 87-13; 87-861; 88-554, eff. 7-26-94.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.