Public Act 098-0104
 
SB0026 EnrolledLRB098 05310 KTG 35344 b


  
    AN ACT concerning public aid.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  








 
ARTICLE 1. 
SHORT TITLE, PRIOR LAW, AND DEFINITIONS

 
    Section 1-101. Short title. This Act may be cited as the 
Specialized Mental Health Rehabilitation Act of 2013. 
 
    Section 1-101.3. Legislative findings. Illinois is 
committed to providing behavioral health services in the most 
community-integrated settings possible, based on the needs of 
consumers who qualify for State support. This goal is 
consistent with federal law and regulations and recent court 
decrees. A variety of services and settings are necessary to 
ensure that people with serious mental illness receive high 
quality care that is oriented toward their safety, 
rehabilitation, and recovery.
    The State of Illinois has an inordinately high inpatient 
hospitalization rate for behavioral health services.  This is 
not productive for those needing behavioral health services.  It 
is also the least cost effective form of behavioral health 
delivery possible.  The General Assembly finds that 
alternatives to inpatient hospitalization for behavioral 
health are necessary to both improve outcomes and reduce costs.
    Residential settings are an important component of the 
system of behavioral health care that Illinois is developing. 
When residential treatment is necessary, these facilities must 
offer high quality rehabilitation and recovery care, help 
consumers achieve and maintain their highest level of 
independent functioning, and prepare them to live in permanent 
supportive housing and other community-integrated settings. 
Facilities licensed under this Act will be multi-faceted 
facilities that provide triage and crisis stabilization to 
inpatient hospitalization, provide stabilization for those in 
post crisis stabilization, and provide transitional living 
assistance to prepare those with serious mental illness to 
reintegrate successfully into community living settings.   Those 
licensed under this Act will provide care under a coordinated 
care model and seek appropriate national accreditation and 
provide productive and measurable outcomes.
 
    Section 1-101.5. Prior law. 
    (a) This Act provides for licensure of long term care 
facilities that are federally designated as institutions for 
the mentally diseased on the effective date of this Act and 
specialize in providing services to individuals with a serious 
mental illness.  On and after the effective date of this Act, 
these facilities shall be governed by this Act instead of the 
Nursing Home Care Act.
    (b)       All consent decrees that apply to facilities federally 
designated as institutions for the mentally diseased shall 
continue to apply to facilities licensed under this Act.
 
    Section 1-101.6. Mental health system planning.   The 
General Assembly finds the services contained in this Act are 
necessary for the effective delivery of mental health services 
for the citizens of the State of Illinois.  The General Assembly 
also finds that the mental health system in the State requires 
further review to develop additional needed services.  To ensure 
the adequacy of community-based services and to offer choice to 
all individuals with serious mental illness who choose to live 
in the community, and for whom the community is the appropriate 
setting, but are at risk of institutional care, the Governor 
shall convene a working group to develop the process and 
procedure for identifying needed services in the different 
geographic regions of the State.   The Governor shall include the 
Division of Mental Health of the Department of Human Services, 
the Department of Healthcare and Family Services, the 
Department of Public Health, community mental health 
providers, statewide associations of mental health providers, 
mental health advocacy groups, and any other entity as deemed 
appropriate for participation in the working group.   The 
Department of Human Services shall provide staff and support to 
this working group.
 
    Section 1-102. Definitions. For the purposes of this Act, 
unless the context otherwise requires:
    "Abuse" means any physical or mental injury or sexual 
assault inflicted on a consumer other than by accidental means 
in a facility.
    "Accreditation" means any of the following:
        (1) the Joint Commission;
        (2) the Commission on Accreditation of Rehabilitation 
    Facilities;
        (3) the Healthcare Facilities Accreditation Program; 
    or
        (4) any other national standards of care as approved by 
    the Department.
    "Applicant" means any person making application for a 
license or a provisional license under this Act.
    "Consumer" means a person, 18 years of age or older, 
admitted to a mental health rehabilitation facility for 
evaluation, observation, diagnosis, treatment, stabilization, 
recovery, and rehabilitation.
    "Consumer" does not mean any of the following:
        (i) an individual requiring a locked setting;
        (ii) an individual requiring psychiatric 
    hospitalization because of an acute psychiatric crisis;
        (iii) an individual under 18 years of age;
        (iv) an individual who is actively suicidal or violent 
    toward others;
        (v) an individual who has been found unfit to stand 
    trial;
        (vi) an individual who has been found not guilty by 
    reason of insanity based on committing a violent act, such 
    as sexual assault, assault with a deadly weapon, arson, or 
    murder;
        (vii) an individual subject to temporary detention and 
    examination under Section 3-607 of the Mental Health and 
    Developmental Disabilities Code;
        (viii) an individual deemed clinically appropriate for 
    inpatient admission in a State psychiatric hospital; and
        (ix) an individual transferred by the Department of 
    Corrections pursuant to Section  3-8-5 of the Unified Code 
    of Corrections.
    "Consumer record" means a record that organizes all 
information on the care, treatment, and rehabilitation 
services rendered to a consumer in a specialized mental health 
rehabilitation facility.
    "Controlled drugs" means those drugs covered under the 
federal Comprehensive Drug Abuse Prevention Control Act of 
1970, as amended, or the Illinois Controlled Substances Act.
    "Department" means the Department of Public Health.
    "Discharge" means the full release of any consumer from a 
facility.
    "Drug administration" means the act in which a single dose 
of a prescribed drug or biological is given to a consumer.  The 
complete act of administration entails removing an individual 
dose from a container, verifying the dose with the prescriber's 
orders, giving the individual dose to the consumer, and 
promptly recording the time and dose given.
    "Drug dispensing" means the act entailing the following of 
a prescription order for a drug or biological and proper 
selection, measuring, packaging, labeling, and issuance of the 
drug or biological to a consumer.
    "Emergency" means a situation, physical condition, or one 
or more practices, methods, or operations which present 
imminent danger of death or serious physical or mental harm to 
consumers of a facility.
    "Facility" means a specialized mental health 
rehabilitation facility that provides at least one of the 
following services: (1) triage center; (2) crisis 
stabilization; (3) recovery and rehabilitation supports; or 
(4) transitional living units for 3 or more persons. The 
facility shall provide a 24-hour program that provides 
intensive support and recovery services designed to assist 
persons, 18 years or older, with mental disorders to develop 
the skills to become self-sufficient and capable of increasing 
levels of independent functioning.  It includes facilities that 
meet the following criteria:
        (1) 100% of the consumer population of the facility has 
    a diagnosis of serious mental illness;
        (2) no more than 15% of the consumer population of the 
    facility is 65 years of age or older;
        (3) none of the consumers are non-ambulatory;
        (4) none of the consumers have a primary diagnosis of 
    moderate, severe, or profound intellectual disability; and
        (5)  the facility must have been licensed under the 
    Specialized Mental Health Rehabilitation Act or the 
    Nursing Home Care Act immediately preceding the effective 
    date of this Act and qualifies as a institute for mental 
    disease under the federal definition of the term.
    "Facility" does not include the following:
        (1) a home, institution, or place operated by the 
    federal government or agency thereof, or by the State of 
    Illinois;
        (2) a hospital, sanitarium, or other institution whose 
    principal activity or business is the diagnosis, care, and 
    treatment of human illness through the maintenance and 
    operation as organized facilities therefor which is 
    required to be licensed under the Hospital Licensing Act;
        (3) a facility for child care as defined in the Child 
    Care Act of 1969;
        (4) a community living facility as defined in the 
    Community Living Facilities Licensing Act;
        (5) a nursing home or sanatorium operated solely by and 
    for persons who rely exclusively upon treatment by 
    spiritual means through prayer, in accordance with the 
    creed or tenets of any well-recognized church or religious 
    denomination;  however, such nursing home or sanatorium 
    shall comply with all local laws and rules relating to 
    sanitation and safety;
        (6) a facility licensed by the Department of Human 
    Services as a community-integrated living arrangement as 
    defined in the Community-Integrated Living Arrangements 
    Licensure and Certification Act;
        (7) a supportive residence licensed under the 
    Supportive Residences Licensing Act;
        (8) a supportive living facility in good standing with 
    the program established under Section 5-5.01a of the 
    Illinois Public Aid Code, except only for purposes of the 
    employment of persons in accordance with Section 3-206.01 
    of the Nursing Home Care Act;
        (9) an assisted living or shared housing establishment 
    licensed under the Assisted Living and Shared Housing Act, 
    except only for purposes of the employment of persons in 
    accordance with Section 3-206.01 of the Nursing Home Care 
    Act;
        (10) an Alzheimer's disease management center 
    alternative health care model licensed under the 
    Alternative Health Care Delivery Act;
        (11) a home, institution, or other place operated by or 
    under the authority of the Illinois Department of Veterans' 
    Affairs;
        (12) a facility licensed under the ID/DD Community Care 
    Act; or
        (13) a facility licensed under the Nursing Home Care 
    Act after the effective date of this Act.
    "Executive director" means a person who is charged with the 
general administration and supervision of a facility licensed 
under this Act.
    "Guardian" means a person appointed as a guardian of the 
person or guardian of the estate, or both, of a consumer under 
the Probate Act of 1975.
    "Identified offender" means a person who meets any of the 
following criteria:
        (1) Has been convicted of, found guilty of, adjudicated 
    delinquent for, found not guilty by reason of insanity for, 
    or found unfit to stand trial for, any felony offense 
    listed in Section 25 of the Health Care Worker Background 
    Check Act, except for the following:
            (i) a felony offense described in Section 10-5 of 
        the Nurse Practice Act;
            (ii) a felony offense described in Section 4, 5, 6, 
        8, or 17.02 of the Illinois Credit Card and Debit Card 
        Act;
            (iii) a felony offense described in Section 5, 5.1, 
        5.2, 7, or 9 of the Cannabis Control Act;
            (iv) a felony offense described in Section 401, 
        401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois 
        Controlled Substances Act; and
            (v) a felony offense described in the 
        Methamphetamine Control and Community Protection Act.
        (2) Has been convicted of, adjudicated delinquent
for, 
    found not guilty by reason of insanity for, or found unfit 
    to stand trial for, any sex offense as defined in 
    subsection (c) of Section 10 of the Sex Offender Management 
    Board Act.
    "Transitional living units" are residential units within a 
facility that have the purpose of assisting the consumer in 
developing and reinforcing the necessary skills to live 
independently outside of the facility. The duration of stay in 
such a setting shall not exceed 120 days for each consumer.  
Nothing in this definition shall be construed to be a 
prerequisite for transitioning out of a facility.
    "Licensee" means the person, persons, firm, partnership, 
association, organization, company, corporation, or business 
trust to which a license has been issued.
    "Misappropriation of a consumer's property" means the 
deliberate misplacement, exploitation, or wrongful temporary 
or permanent use of a consumer's belongings or money without 
the consent of a consumer or his or her guardian.
    "Neglect" means a facility's failure to provide, or willful 
withholding of, adequate medical care, mental health 
treatment, psychiatric rehabilitation, personal care, or 
assistance that is necessary to avoid physical harm and mental 
anguish of a consumer.
    "Personal care" means assistance with meals, dressing, 
movement, bathing, or other personal needs, maintenance, or 
general supervision and oversight of the physical and mental 
well-being of an individual who is incapable of maintaining a 
private, independent residence or who is incapable of managing 
his or her person, whether or not a guardian has been appointed 
for such individual.  "Personal care" shall not be construed to 
confine or otherwise constrain a facility's pursuit to develop 
the skills and abilities of a consumer to become 
self-sufficient and capable of increasing levels of 
independent functioning.
    "Recovery and rehabilitation supports" means a program 
that facilitates a consumer's longer-term symptom management 
and stabilization while preparing the consumer for 
transitional living units by improving living skills and 
community socialization. The duration of stay in such a setting 
shall be established by the Department by rule.
    "Restraint" means:
        (i) a physical restraint that is any manual method or

    
    physical or mechanical device, material, or equipment 
    attached or adjacent to a consumer's body that the consumer 
    cannot remove easily and restricts freedom of movement or 
    normal access to one's body; devices used for positioning, 
    including, but not limited to, bed rails, gait belts, and 
    cushions, shall not be considered to be restraints for 
    purposes of this Section; or
        (ii)   a chemical restraint that is any drug used for
    
    discipline or convenience and not required to treat medical 
    symptoms; the Department shall, by rule, designate certain 
    devices as restraints, including at least all those devices 
    that have been determined to be restraints by the United 
    States Department of Health and Human Services in 
    interpretive guidelines issued for the purposes of 
    administering Titles XVIII and XIX of the federal Social 
    Security Act. For the purposes of this Act, restraint shall 
    be administered only after utilizing a coercive free 
    environment and culture.
    "Self-administration of medication" means consumers shall 
be responsible for the control, management, and use of their 
own medication.
    "Crisis stabilization" means a secure and separate unit 
that provides short-term behavioral, emotional, or psychiatric 
crisis stabilization as an alternative to hospitalization or 
re-hospitalization for consumers from residential or community 
placement. The duration of stay in such a setting shall not 
exceed 21 days for each consumer. 
    "Therapeutic separation" means the removal of a consumer 
from the milieu to a room or area which is designed to aid in 
the emotional or psychiatric stabilization of that consumer.
    "Triage center" means  a non-residential 23-hour center 
that serves as an alternative to emergency room care, 
hospitalization, or re-hospitalization for consumers in need 
of short-term crisis stabilization.
 
ARTICLE 2. 
GENERAL PROVISIONS

 
    Section 2-100. Rulemaking. The Department is empowered to 
promulgate any rules necessary to ensure proper implementation 
and administration of this Act. 
 
    Section 2-101. Standards for facilities.  The Department 
shall, by rule, prescribe minimum standards for each level of 
care for facilities to be in place during the provisional 
licensure period and thereafter. These standards shall 
include, but are not limited to, the following:

        (1) life safety standards that will ensure the health, 
    safety and welfare of residents and their protection from 
    hazards;

        (2) number and qualifications of all personnel, 
    including management and clinical personnel, having 
    responsibility for any part of the care given to consumers; 
    specifically, the Department shall establish staffing 
    ratios for facilities which shall specify the number of 
    staff hours per consumer of care that are needed for each 
    level of care offered within the facility;

        (3) all sanitary conditions within the facility and its 
    surroundings, including water supply, sewage disposal, 
    food handling, and general hygiene which shall ensure the 
    health and comfort of consumers;

        (4) a program for adequate maintenance of physical 
    plant and equipment;

        (5) adequate accommodations, staff, and services for 
    the number and types of services being offered to consumers 
    for whom the facility is licensed to care;
        (6) development of evacuation and other appropriate 
    safety plans for use during weather, health, fire, physical 
    plant, environmental, and national defense emergencies;
        (7) maintenance of minimum financial or other 
    resources necessary to meet the standards established 
    under this Section, and to operate and conduct the facility 
    in accordance with this Act; and
        (8) standards for coercive free environment, 
    restraint, and therapeutic separation.

 
    Section 2-102. Staffing ratios.  The Department shall 
establish rules governing the minimum staffing levels and 
staffing qualifications for facilities. In crafting the 
staffing ratios, the Department shall take into account the 
ambulatory nature and mental health of the population served in 
the facilities. Staffing ratios shall be consistent with 
national accreditation standards in behavioral health from a 
recognized national accreditation entity as set forth in the 
definition of "accreditation" in Section 2-102.  The rules shall 
be created for each type of care offered at the facilities and 
be crafted to address the different type of services offered.  
The staffing ratios contained in the rules shall specifically 
list the positions that are to be counted toward the staffing 
ratio.  In no case shall the staffing ratios contained in rule 
be less than the following ratios:
        (1) a staffing ratio of 3.6 hours of direct care for 
    crisis stabilization;
        (2) a staffing ratio  of 1.8 hours of direct care for 
    recovery and rehabilitation supports; and
        (3) a staffing ratio of 1.6 hours of direct care for 
    transitional living.
 
    Section 2-103. Staff training.  Training for all new 
employees specific to the various levels of care offered by a 
facility shall be provided to employees during their 
orientation period and annually thereafter. Training shall be 
independent of the Department and overseen by the Division of 
Mental Health to determine the content of all facility employee 
training and to provide training for all trainers of facility 
employees. Training of employees shall be consistent with 
nationally recognized national accreditation standards as 
defined later in this Act. Training shall be required for all 
existing staff at a facility prior to the implementation of any 
new services authorized under this Act. 
 
    Section 2-104. Screening prior to admission. 
    (a) A facility shall, within 24 hours after admission, 
request a criminal history background check pursuant to the 
Uniform Conviction Information Act for all persons age 18 or 
older seeking admission to the facility, unless a background 
check was initiated by a hospital pursuant to subsection (d) of 
Section 6.09 of the Hospital Licensing Act. Background checks 
conducted pursuant to this Section shall be based on the 
consumer's name, date of birth, and other identifiers as 
required by the Department of State Police. If the results of 
the background check are inconclusive, the facility shall 
initiate a fingerprint-based check, unless the fingerprint 
check is waived by the Director of Public Health based on 
verification by the facility that the consumer meets  criteria 
related to the consumer's health or lack of potential risk 
which may be established by Departmental rule. A waiver issued 
pursuant to this Section shall be valid only while the consumer 
is immobile or while the criteria supporting the waiver exist. 
The facility shall provide for or arrange for any required 
fingerprint-based checks to be taken on the premises of the 
facility. If a fingerprint-based check is required, the 
facility shall arrange for it to be conducted in a manner that 
is respectful of the consumer's dignity and that minimizes any 
emotional or physical hardship to the consumer.
    (b) If the results of a consumer's criminal history 
background check reveal that the consumer is an identified 
offender as defined in this Act, the facility shall do the 
following:
        (1) Immediately notify the Department of State Police, 
    in the form and manner required by the Department of State 
    Police, in collaboration with the Department of Public 
    Health, that the consumer is an identified offender.
        (2) Within 72 hours, arrange for a fingerprint-based

    criminal history record inquiry to be requested on the 
    identified offender consumer. The inquiry shall be based on 
    the subject's name, sex, race, date of birth, fingerprint 
    images, and other identifiers required by the Department of 
    State Police. The inquiry shall be processed through the 
    files of the Department of State Police and the Federal 
    Bureau of Investigation to locate any criminal history 
    record information that may exist regarding the subject. 
    The Federal Bureau of Investigation shall furnish to the 
    Department of State Police, pursuant to an inquiry under 
    this paragraph (2), any criminal history record 
    information contained in its files.
 
    Section 2-105. Criminal History Report. 
    (a) The Department of State Police shall prepare a Criminal 
History Report when it receives information, through the 
criminal history background check required pursuant to 
subsection (d) of Section 6.09 of the Hospital Licensing Act or 
subsection (c) of Section 2-201.5 of the Nursing Home Care Act, 
or through any other means, that a consumer of a facility is an 
identified offender.

    (b) The Department of State Police shall complete the 
Criminal History Report within 10 business days after receiving 
information under subsection (a) that a consumer is an 
identified offender.
    (c) The Criminal History Report shall include, but not be 
limited to, the following:
        (1) Copies of the identified offender's parole, 
    mandatory supervised release, or probation orders.
        (2) An interview with the identified offender.
        (3) A detailed summary of the entire criminal history

    of the offender, including arrests, convictions, and the 
    date of the identified offender's last conviction relative 
    to the date of admission to a long-term care facility.
        (4) If the identified offender is a convicted or

    registered sex offender, a review of any and all sex 
    offender evaluations conducted on that offender. If there 
    is no sex offender evaluation available, the Department of 
    State Police shall arrange, through the Department of 
    Public Health, for a sex offender evaluation to be 
    conducted on the identified offender. If the convicted or 
    registered sex offender is under supervision by the 
    Illinois Department of Corrections or a county probation 
    department, the sex offender evaluation shall be arranged 
    by and at the expense of the supervising agency. All 
    evaluations conducted on convicted or registered sex 
    offenders under this Act shall be conducted by sex offender 
    evaluators approved by the Sex Offender Management Board.


    (d) The Department of State Police shall provide the 
Criminal History Report to a licensed forensic psychologist. 
After (i) consideration of the Criminal History Report, (ii) 
consultation with the facility administrator or the facility 
medical director, or both, regarding the mental and physical 
condition of the identified offender, and (iii) reviewing the 
facility's file on the identified offender, including all 
incident reports, all information regarding medication and 
medication compliance, and all information regarding previous 
discharges or transfers from other facilities, the licensed 
forensic psychologist shall prepare an Identified Offender 
Report and Recommendation. The Identified Offender Report and 
Recommendation shall detail whether and to what extent the 
identified offender's criminal history necessitates the 
implementation of security measures within the long-term care 
facility. If the identified offender is a convicted or 
registered sex offender or if the Identified Offender Report 
and Recommendation reveals that the identified offender poses a 
significant risk of harm to others within the facility, the 
offender shall be required to have his or her own room within 
the facility.
    (e) The licensed forensic psychologist shall complete the 
Identified Offender Report and Recommendation within 14 
business days after receiving the Criminal History Report and 
shall promptly provide the Identified Offender Report and 
Recommendation to the Department of State Police, which shall 
provide the Identified Offender Report and Recommendation to 
the following:

        (1) The facility within which the identified offender 
    resides.
        (2) The Chief of Police of the municipality in which

    the facility is located.
        (3) The State of Illinois Long Term Care Ombudsman.
        (4) The Department of Public Health.
    (e-5) The Department of Public Health shall keep a 
continuing record of all consumers determined to be identified 
offenders as defined in Section 1-114.01 of the Nursing Home 
Care Act and shall report the number of identified offender 
consumers annually to the General Assembly.
    (f) The facility shall incorporate the Identified Offender 
Report and Recommendation into the identified offender's care 
plan created pursuant to 42 CFR 483.20.
    (g) If, based on the Identified Offender Report and 
Recommendation, a facility determines that it cannot manage the 
identified offender consumer safely within the facility, it 
shall commence involuntary transfer or discharge proceedings 
pursuant to Section 3-402.
    (h) Except for willful and wanton misconduct, any person 
authorized to participate in the development of a Criminal 
History Report or Identified Offender Report and 
Recommendation is immune from criminal or civil liability for 
any acts or omissions as the result of his or her good faith 
effort to comply with this Section.
 
ARTICLE 3. 
RIGHTS AND RESPONSIBILITIES

 
PART 1. 
CONSUMER RIGHTS

 
    Section 3-101. Consumers' rights. Consumers served by a 
facility under this Act shall have all the rights guaranteed 
pursuant to Chapter II, Article I of the Mental Health and 
Developmental Disabilities Code, a list of which shall be 
prominently posted in English and any other language 
representing at least 5% of the county population in which the 
specialized mental health rehabilitation facility is located.
 
    Section 3-102. Financial affairs. A consumer shall be 
permitted to manage his or her own financial affairs unless he 
or she or his or her guardian authorizes the executive director 
of the facility in writing to manage the consumer's financial 
affairs.
 
    Section 3-103. Consumers' moneys and possessions. To the 
extent possible, each consumer shall be responsible for his or 
her own moneys and personal property or possessions in his or 
her own immediate living quarters unless deemed inappropriate 
by a physician or other facility clinician and so documented in 
the consumer's record.  In the event the moneys or possessions 
of a consumer come under the supervision of the facility, 
either voluntarily on the part of the consumer or so ordered by 
a facility physician or other clinician, each facility to whom 
a consumer's moneys or possessions have been entrusted shall 
comply with the following:
        (1)      no facility shall commingle consumers' moneys or 
    possessions with those of the facility; consumers' moneys 
    and possessions shall be maintained separately, intact, 
    and free from any liability that the facility incurs in the 
    use of the facility's funds;
        (2)        the facility shall provide reasonably adequate 
    space for the possessions of the consumer; the facility 
    shall provide a means of safeguarding small items of value 
    for its consumers in their rooms or in any other part of 
    the facility so long as the consumers have reasonable and  
    adequate access to such possessions; and
        (3)      the facility shall make reasonable efforts to 
    prevent loss and theft of consumers' possessions; those 
    efforts shall be appropriate to the particular facility and 
    particular living setting within each facility and may 
    include staff training and monitoring, labeling 
    possessions, and frequent possession inventories; the 
    facility shall develop procedures for investigating 
    complaints concerning theft of consumers' possessions and 
    shall promptly investigate all such complaints.
 
    Section 3-104. Care, treatment, and records. Facilities 
shall provide, at a minimum, the following services: physician, 
nursing, pharmaceutical, rehabilitative, and dietary services.  
To provide these services, the facility shall adhere to the 
following: 
        (1)    Each consumer shall be encouraged and assisted to 
    achieve and maintain the highest level of self-care and 
    independence. Every effort shall be made to keep consumers 
    active and out of bed for reasonable periods of time, 
    except when contraindicated by physician orders.
        (2)     Every consumer shall be engaged in a 
    person-centered planning process regarding his or her 
    total care and treatment.
        (3)     All medical treatment and procedures shall be 
    administered as ordered by a physician. All new physician 
    orders shall be reviewed by the facility's director of 
    nursing or charge nurse designee within 24 hours after such 
    orders have been issued to ensure facility compliance with 
    such orders.  According to rules adopted by the Department, 
    every woman consumer of child bearing age shall receive 
    routine obstetrical and gynecological evaluations as well 
    as necessary prenatal care.
        (4)    Each consumer shall be provided with good nutrition 
    and with necessary fluids for hydration.
        (5)   Each consumer shall be provided visual privacy 
    during treatment and personal care.
        (6)    Every consumer or consumer's guardian shall be 
    permitted to inspect and copy all his or her clinical and 
    other records concerning his or her care kept by the 
    facility or by his or her physician. The facility may 
    charge a reasonable fee for duplication of a record.
 
    Section 3-105. Supplemental Security Income. The 
Department of Healthcare and Family Services shall explore 
potential avenues to enable consumers to continue to receive 
and possess a portion of, or their full, Supplemental Security 
Income benefit while receiving services at a facility. The 
Department of Healthcare and Family Services shall investigate 
strategies that are most beneficial to the consumer and cost 
effective for the State. The Department of Healthcare and 
Family Services may implement a strategy to enable a consumer 
to receive and possess a portion of, or his or her full, 
Supplemental Security Income in administrative rule. This 
Section is subject to the appropriation of the General 
Assembly.
 
    Section 3-106. Pharmaceutical treatment. 
    (a) A consumer shall not be given unnecessary drugs.  An 
unnecessary drug is any drug used in an excessive dose, 
including in duplicative therapy; for excessive duration; 
without adequate monitoring; without adequate indications for 
its use; or in the presence of adverse consequences that 
indicate the drug should be reduced or discontinued.  The 
Department shall adopt, by rule, the standards for unnecessary 
drugs.
    (b) Informed consent shall be required for the prescription 
of psychotropic medication consistent with the requirements 
contained in subsection (b) of Section 2-106.1 of the Nursing 
Home Care Act.

    (c)   No drug shall be administered except upon the order of 
a person lawfully authorized to prescribe for and treat mental 
illness.
    (d)   All drug orders shall be written, dated, and signed by 
the person authorized to give such an order.  The name, 
quantity, or specific duration of therapy, dosage, and time or 
frequency of administration of the drug and the route of 
administration if other than oral shall be specific.
    (e)   Verbal orders for drugs and treatment shall be received 
only by those authorized under Illinois law to do so from their 
supervising physician.  Such orders shall be recorded 
immediately in the consumer's record by the person receiving 
the order and shall include the date and time of the order.
 
    Section 3-107. Abuse or neglect; duty to report. A 
licensee, executive director, employee, or agent of a facility 
shall not abuse or neglect a consumer.  It is the duty of any 
facility employee or agent who becomes aware of such abuse or 
neglect to report it to the Department within 24 hours. 
Facilities shall comply with Sections 3-610 and 3-810 of the 
Nursing Home Care Act. The provisions under Sections 3-610 and 
3-810 of the Nursing Home Care Act shall apply to employees of 
facilities licensed under this Act.
 
    Section 3-108. Communications; visits. Every consumer, 
except those in triage centers, shall be permitted unimpeded, 
private, and uncensored communication of his or her choice by 
mail, telephone, Internet, or visitation.
    The executive director shall ensure that correspondence is 
conveniently received and reasonably accessible.
    The executive director shall ensure that consumers may have 
private visits at any reasonable hour unless such visits are 
restricted due to the treatment plan of the consumer.
    The executive director shall ensure that space for visits 
is available and that facility personnel reasonably announce 
their intent to enter, except in an emergency, before entering 
any consumer's room during such visits.
    Consumers shall be free to leave at any time. If a consumer 
in a triage center expresses a desire to contact a third party 
for any purpose, the facility staff shall contact that third 
party on behalf of the consumer.
 
    Section 3-109. Religion. A consumer shall be permitted the 
free exercise of religion.  Upon a consumer's request, and if 
necessary, at the consumer's expense, the executive director 
may make arrangements for a consumer's attendance at religious 
services of the consumer's choice.  However, no religious 
beliefs or practices or attendance at religious services may be 
imposed upon any consumer.
 
    Section 3-110. Access to consumers.   
    (a)  Any employee or agent of a public agency, any 
representative of a community legal services program, or any 
other member of the general public shall be permitted access at 
reasonable hours to any individual consumer of any facility, 
unless the consumer is receiving care and treatment in triage 
centers.
    (b)  All persons entering a facility under this Section 
shall promptly notify appropriate facility personnel of their 
presence. They shall, upon request, produce identification to 
establish their identity. No such person shall enter the 
immediate living area of any consumer without first identifying 
himself or herself and then receiving permission from the 
consumer to enter. The rights of other consumers present in the 
room shall be respected. A consumer may terminate at any time a 
visit by a person having access to the consumer's living area 
under this Section.
    (c)  This Section shall not limit the power of the 
Department or other public agency otherwise permitted or 
required by law to enter and inspect a facility.
    (d) Notwithstanding subsection (a) of this Section, the 
executive director of a facility may refuse access to the 
facility to any person if the presence of that person in the 
facility would be injurious to the health and safety of a 
consumer or would threaten the security of the property of a 
consumer or the facility, or if the person seeks access to the 
facility for commercial purposes.
    (e) Nothing in this Section shall be construed to conflict 
with, or infringe upon, any court orders or consent decrees 
regarding access.
 
    Section 3-111. Discharge. A consumer may be discharged from 
a facility after he or she gives the executive director, a 
physician, or a nurse of the facility written notice of the 
desire to be discharged. If a guardian has been appointed for a 
consumer, the consumer shall be discharged upon written consent 
of his or her guardian. In the event of a requested consumer 
discharge, the facility is relieved from any responsibility for 
the consumer's care, safety, and well-being upon the consumer's 
discharge. The Department shall by rule establish criteria, 
hearings, and procedures for involuntary discharge.
 
    Section 3-112. Grievances. A consumer shall be permitted to 
present grievances on behalf of himself or herself or others to 
the executive director, the consumers' advisory council, State 
governmental agencies, or other persons without threat of 
discharge or reprisal in any form or manner whatsoever.  The 
executive director shall provide all consumers or their 
representatives with the name, address, and telephone number of 
the appropriate State governmental office where complaints may 
be lodged.
 
    Section 3-113. Labor. A consumer may refuse to perform 
labor for a facility.
 
    Section 3-114. Unlawful discrimination. No consumer shall 
be subjected to unlawful discrimination as defined in Section 
1-103 of the Illinois Human Rights Act by any owner, licensee, 
executive director, employee, or agent of a facility.  Unlawful 
discrimination does not include an action by any licensee, 
executive director, employee, or agent of a facility that is 
required by this Act or rules adopted under this Act.
 
    Section 3-115. Informed consent; restraints. Informed 
consent shall be required for restraints consistent with the 
requirements contained in subsection (c) of Section 2-106 of 
the Nursing Home Care Act.
 
    Section 3-116. Experimental research. No consumer shall be 
subjected to experimental research or treatment without first 
obtaining his or her informed, written consent. The conduct of 
any experimental research or treatment shall be authorized and 
monitored by an institutional review board appointed by the 
executive director. The membership, operating procedures and 
review criteria for the institutional review board shall be 
prescribed under rules and regulations of the Department and 
shall comply with the requirements for institutional review 
boards established by the federal Food and Drug Administration. 
No person who has received compensation in the prior 3 years 
from an entity that manufactures, distributes, or sells 
pharmaceuticals, biologics, or medical devices may serve on the 
institutional review board.
    No facility shall permit experimental research or 
treatment to be conducted on a consumer, or give access to any 
person or person's records for a retrospective study about the 
safety or efficacy of any care or treatment, without the prior 
written approval of the institutional review board. No 
executive director, or person licensed by the State to provide 
medical care or treatment to any person, may assist or 
participate in any experimental research on or treatment of a 
consumer, including a retrospective study, that does not have 
the prior written approval of the board. Such conduct shall be 
grounds for professional discipline by the Department of 
Financial and Professional Regulation.
    The institutional review board may exempt from ongoing 
review research or treatment initiated on a consumer before the 
individual's admission to a facility and for which the board 
determines there is adequate ongoing oversight by another 
institutional review board. Nothing in this Section shall 
prevent a facility, any facility employee, or any other person 
from assisting or participating in any experimental research on 
or treatment of a consumer, if the research or treatment began 
before the person's admission to a facility, until the board 
has reviewed the research or treatment and decided to grant or 
deny approval or to exempt the research or treatment from 
ongoing review.
 
PART 2. 
RESPONSIBILITIES

 
    Section 3-201. Screening prior to admission. Standards for 
screening prior to admission into a facility under this Act 
shall be established by rule.  The rules shall recognize the 
different levels of care provided by these facilities, 
including, but not limited to, the following:
        (1)   triage centers;
        (2)   crisis stabilization;
        (3)   recovery and rehabilitation supports; or
        (4) transitional living units.
 
    Section 3-203. Consumers' advisory council. Each facility 
shall establish a consumers' advisory council.  The executive 
director shall designate a member of the facility staff to 
coordinate the establishment of, and render assistance to, the 
council.
        (1)   The composition of the consumers' advisory council 
    shall be specified by rule, but no employee or affiliate of 
    a facility shall be a member of the council.
        (2)   The council shall meet at least once each month 
    with the staff coordinator who shall provide assistance to 
    the council in preparing and disseminating a report of each 
    meeting to all consumers, the executive director, and the 
    staff.
        (3)    Records of council meetings shall be maintained in 
    the office of the executive director.
        (4)   The consumers' advisory council may communicate to 
    the executive director the opinions and concerns of the 
    consumers.  The council shall review procedures for 
    implementing consumer rights and facility responsibilities 
    and make recommendations for changes or additions that will 
    strengthen the facility's policies and procedures as they 
    affect consumer rights and facility responsibilities.
        (5)   The council shall be a forum for:
            (A)   obtaining and disseminating information;
            (B)   soliciting and adopting recommendations for 
        facility programming and improvements; and
            (C)   early identification and for recommending 
        orderly resolution of problems.
        (6)   The council may present complaints on behalf of a 
    consumer to the Department or to any other person it 
    considers appropriate.
 
    Section 3-205. Disclosure of information to public. 
Standards for the disclosure of information to the public shall 
be established by rule.  These information disclosure standards 
shall include, but are not limited to, the following: staffing 
and personnel levels, licensure and inspection information, 
national accreditation information, cost and reimbursement 
information, and consumer complaint information.   Rules for the 
public disclosure of information shall be in accordance with 
the provisions for inspection and copying of public records in 
the Freedom of Information Act.
 
    Section 3-206. Confidentiality of records. 
    (a)      The Department shall respect the confidentiality of a 
consumer's record and shall not divulge or disclose the 
contents of a record in a manner that identifies a consumer, 
except upon a consumer's death to a relative or guardian or 
under judicial proceedings.  This Section shall not be construed 
to limit the right of a consumer to inspect or copy the 
consumer's own records.
    (b)      Confidential medical, social, personal, or financial 
information identifying a consumer shall not be available for 
public inspection in a manner that identifies a consumer.
 
    Section 3-207. Notice of imminent death. A facility shall 
immediately notify the consumer's next of kin, representative, 
and physician of the consumer's death or when the consumer's 
death appears to be imminent.
 
    Section 3-208. Policies and procedures. A facility shall 
establish written policies and procedures to implement the 
responsibilities and rights provided under this Article.  The 
policies shall include the procedure for the investigation and 
resolution of consumer complaints.  The policies and procedures 
shall be clear and unambiguous and shall be available for 
inspection by any person.  A summary of the policies and 
procedures, printed in not less than 12-point font, shall be 
distributed to each consumer and representative.
 
    Section 3-209. Explanation of rights. Each consumer and 
consumer's guardian or other person acting on behalf of the 
consumer shall be given a written explanation of all of his or 
her rights.  The explanation shall be given at the time of 
admission to a facility or as soon thereafter as the condition 
of the consumer permits, but in no event later than 48 hours 
after admission and again at least annually thereafter.  At the 
time of the implementation of this Act, each consumer shall be 
given a written summary of all of his or her rights.  If a 
consumer is unable to read such written explanation, it shall 
be read to the consumer in a language the consumer understands.
 
    Section 3-210. Staff familiarity with rights and 
responsibilities. The facility shall ensure that its staff is 
familiar with and observes the rights and responsibilities 
enumerated in this Article.
 
    Section 3-211. Vaccinations. 
    (a) A facility shall annually administer or arrange for 
administration of a vaccination against influenza to each 
consumer, in accordance with the recommendations of the 
Advisory Committee on Immunization Practices of the Centers for 
Disease Control and Prevention that are most recent to the time 
of vaccination, unless the vaccination is medically 
contraindicated or the consumer has refused the vaccine.
    (b) All persons seeking admission to a facility shall be 
verbally screened for risk factors associated with hepatitis B, 
hepatitis C, and the Human Immunodeficiency Virus (HIV) 
according to guidelines established by the U.S. Centers for 
Disease Control and Prevention. Persons who are identified as 
being at high risk for hepatitis B, hepatitis C, or HIV shall 
be offered an opportunity to undergo laboratory testing in 
order to determine infection status if they will be admitted to 
the facility for at least 7 days and are not known to be 
infected with any of the listed viruses. All HIV testing shall 
be conducted in compliance with the AIDS Confidentiality Act. 
All persons determined to be susceptible to the hepatitis B 
virus shall be offered immunization within 10 days after 
admission to any facility. A facility shall document in the 
consumer's medical record that he or she was verbally screened 
for risk factors associated with hepatitis B, hepatitis C, and 
HIV, and whether or not the consumer was immunized against 
hepatitis B.
 
    Section 3-212. Order for transportation of consumer by 
ambulance. If a facility orders transportation of a consumer of 
the facility by ambulance, then the facility must maintain a 
written record that shows (i) the name of the person who placed 
the order for that transportation and (ii) the medical reason 
for that transportation.
 
ARTICLE 4. 
LICENSING AND ACCREDITATION

 
PART 1. 
LICENSING

 
    Section 4-101. Licensure system. The Department shall be 
the sole agency responsible for licensure and shall establish a 
comprehensive system of licensure for facilities in accordance 
with this Act for the purpose of:
        (1)     protecting the health, welfare, and safety of 
    consumers; and
        (2)    ensuring the accountability for reimbursed care 
    provided in facilities.
 
    Section 4-102. Necessity of license. No person may 
establish, operate, maintain, offer, or advertise a facility 
within this State unless and until he or she obtains a valid 
license therefor as hereinafter provided, which license 
remains unsuspended, unrevoked, and unexpired.  No public 
official or employee may place any person in, or recommend that 
any person be in, or directly or indirectly cause any person to 
be placed in any facility that is being operated without a 
valid license.  All licenses and licensing procedures 
established under Article III of the Nursing Home Care Act, 
except those contained in Section 3-202,  shall be deemed valid 
under this Act until the Department establishes licensure.  The 
Department is granted the authority under this Act to establish 
provisional licensure and licensing procedures under this Act 
by emergency rule and shall do so within 120 days of the 
effective date of this Act.
 
    Section 4-103. Provisional licensure emergency rules.   The 
Department, in consultation with the Division of Mental Health 
of the Department of Human Services and the Department of 
Healthcare and Family Services, is granted the authority under 
this Act to establish provisional licensure and licensing 
procedures by emergency rule.  The Department shall file 
emergency rules concerning provisional licensure under this 
Act within 120 days after the effective date of this Act.  The 
rules to be filed for provisional licensure shall be for a 
period of 3 years, beginning with the adoption date of the 
emergency rules establishing the provisional license, and 
shall not be extended beyond the date of 3 years after the 
effective date of the emergency rules creating the provisional 
license and licensing process.  Rules governing the provisional 
license and licensing process shall contain rules for the 
different levels of care offered by the facilities authorized 
under this Act and shall address each type of care hereafter 
enumerated:
        (1) triage centers;
        (2)   crisis stabilization;
        (3)   recovery and rehabilitation supports;
        (4) transitional living units; or
        (5)  other intensive treatment and stabilization 
    programs designed and developed in collaboration with the 
    Department.
 
    Section 4-104. Provisional licensure requirements.   Rules 
governing the provisional license and licensing process shall 
address, at a minimum, the following provisions:
        (1) mandatory community agency linkage;
        (2) discharge and transition planning;
        (3) non-residential triage centers and stabilization 
    center requirements;
        (4) crisis stabilization;
        (5) transitional living units;
        (6) recovery and rehabilitation supports;
        (7) therapeutic activity and leisure training program;
        (8) admission policies;
        (9) consumer admission and assessment requirements;
        (10) screening and consumer background checks, 
    consistent with Section 1-114.01, subsections (b) and (c) 
    of Section 2-201.5, and Section 2-201.6 of the Nursing Home 
    Care Act;
        (11) consumer records;
        (12) informed consent;
        (13) individualized treatment plan;
        (14) consumer rights and confidentiality;
        (15) safeguard of consumer funds;
        (16) restraints and therapeutic separation;
        (17) employee personnel policies and records;
        (18) employee health evaluation;
        (19) health care worker background check, consistent 
    with the Health Care Worker Background Check Act;
        (20) required professional job positions;
        (21) consultation and training;
        (22) quality assessment and performance improvement;
        (23) consumer information;
        (24)    reporting of unusual occurrences;
        (25)   abuse and reporting to local law enforcement;
        (26)   fire safety and disaster preparedness;
        (27)   required support services, including, but not 
    limited to, physician, health, pharmaceutical, infection 
    control, dietetic, dental, and environmental; 
        (28)   enhanced services requests and program 
    flexibility requests; 
        (29) participation in a managed care entity, a 
    coordinated care entity, or an accountable care entity; and
        (30) appropriate fines and sanctions associated with 
    violations of laws, rules, or regulations.    
 
    Section 4-105. Provisional licensure duration. A 
provisional license shall be valid upon fulfilling the 
requirements established by the Department by emergency rule.  
The license shall remain valid as long as a facility remains in 
compliance with the licensure provisions established in rule.  
The provisional license shall expire when the administrative 
rule established by the Department for provisional licensure 
expires at the end of a 3-year period.
 
    Section 4-106. Provisional licensure outcomes.   The 
Department of Healthcare and Family Services, in conjunction 
with the Division of Mental Health of the Department of Human 
Services and the Department of Public Health, shall establish a 
methodology by which financial and clinical data are reported 
and monitored from each program that is implemented in a 
facility after the effective date of this Act. The Department 
of Healthcare and Family Services shall work in concert with a 
managed care entity, a care coordination entity, or an 
accountable care entity to gather the data necessary to report 
and monitor the progress of the services offered under this 
Act.
 
    Section 4-107. Provisional licensure period completion.  
After the provisional licensure period is completed, no 
individual with mental illness whose service plan provides for 
placement in community-based settings shall be housed or 
offered placement in a facility at public expense unless, after 
being fully informed, he or she declines the opportunity to 
receive services in a community-based setting.
 
    Section 4-108. Surveys and inspections. The Department 
shall conduct surveys of licensed facilities and their 
certified programs and services. The Department shall review 
the records or premises, or both, as it deems appropriate for 
the purpose of determining compliance with this Act and the 
rules promulgated under this Act.  The Department shall have 
access to and may reproduce or photocopy any books, records, 
and other documents maintained by the facility to the extent 
necessary to carry out this Act and the rules promulgated under 
this Act.  The Department shall not divulge or disclose the 
contents of a record under this Section as otherwise prohibited 
by this Act.  Any holder of a license or applicant for a license 
shall be deemed to have given consent to any authorized 
officer, employee, or agent of the Department to enter and 
inspect the facility in accordance with this Article.  Refusal 
to permit such entry or inspection shall constitute grounds for 
denial, suspension, or revocation of a license under this Act.
        (1)    The Department shall conduct surveys to determine 
    compliance and may conduct surveys to investigate 
    complaints.
        (2)    Determination of compliance with the service 
    requirements shall be based on a survey centered on 
    individuals that sample services being provided.
        (3)    Determination of compliance with the general 
    administrative requirements shall be based on a review of 
    facility records and observation of individuals and staff.

 
    Section 4-109. License sanctions and revocation.
    (a) The Department may revoke a license for any failure to 
substantially comply with this Act and the rules promulgated 
under this Act, including, but not limited to, the following:
        (1)    fails to correct deficiencies identified as a 
    result of an on-site survey by the Department and fails to 
    submit a plan of correction within 30 days after receipt of 
    the notice of violation;
        (2)    submits false information either on Department 
    forms, required certifications, plans of correction or 
    during an on-site inspection;
        (3)    refuses to permit or participate in a scheduled or 
    unscheduled survey; or

        (4)    willfully violates any rights of individuals being 
    served.

    (b)    The Department may refuse to license or relicense a 
facility if the owner or authorized representative or licensee 
has been convicted of a felony related to the provision of 
healthcare or mental health services, as shown by a certified 
copy of the court of conviction.
    (c)     Facilities, as a result of an on-site survey, shall be 
recognized according to levels of compliance with standards as 
set forth in this Act.  Facilities with findings from Level 1 to 
Level 3 will be considered to be in good standing with the 
Department.  Findings from Level 3 to Level 5 will result in a 
notice of violations, a plan of correction and defined 
sanctions.  Findings resulting in Level 6 will result in a 
notice of violations and defined sanction.  The levels of 
compliance are:

        (1)    Level 1: Full compliance with this Act and the 
    rules promulgated under this Act.

        (2)    Level 2: Acceptable compliance with this Act and 
    the rules promulgated under this Act.  No written plan of 
    correction will be required from the licensee.
        (3)    Level 3: Partial compliance with this Act and the 
    rules promulgated under this Act.  An administrative 
    warning is issued.  The licensee shall submit a written plan 
    of correction.

        (4)    Level 4: Minimal compliance with this Act and the 
    rules promulgated under this Act.  The licensee shall submit 
    a written plan of correction, and the Department will issue 
    a probationary license.  A resurvey shall occur within 90 
    days.

        (5)    Level 5: Unsatisfactory compliance with this Act 
    and the rules promulgated under this Act. The facility 
    shall submit a written plan of correction, and the 
    Department will issue a restricted license.  A resurvey 
    shall occur within 60 days.

        (6)    Level 6: Revocation of the license to provide 
    services. Revocation may occur as a result of a licensee's 
    consistent and repeated failure to take necessary 
    corrective actions to rectify documented violations, or 
    the failure to protect clients from situations that produce 
    an imminent risk.

    (d)    Prior to initiating formal action to sanction a 
license, the Department shall allow the licensee an opportunity 
to take corrective action to eliminate or ameliorate a 
violation of this Act except in cases in which the Department 
determines that emergency action is necessary to protect the 
public or individual interest, safety, or welfare.
    (e)     Subsequent to an on-site survey, the Department shall 
issue a written notice to the licensee.  The Department shall 
specify the particular Sections of this Act or the rules 
promulgated under this Act, if any, with which the facility is 
not compliant.  The Department's notice shall require any 
corrective actions be taken within a specified time period as 
required by this Act.
    (f)     Sanctions shall be imposed according to the following 
definitions:
        (1)    Administrative notice: A written notice issued by 
    the Department that specifies rule violations requiring a 
    written plan of correction with time frames for corrections 
    to be made and a notice that any additional violation of 
    this Act or the rules promulgated under this Act may result 
    in a higher level sanction. (Level 3)
        (2)    Probation: Compliance with this Act and the rules 
    promulgated under this Act is minimally acceptable and 
    necessitates immediate corrective action.  Individuals' 
    life safety or quality of care are not in jeopardy.  The 
    probationary period is time limited to 90 days.  During the 
    probationary period, the facility must make corrective 
    changes sufficient to bring the facility back into good 
    standing with the Department. Failure to make corrective 
    changes within that given time frame may result in a 
    determination to initiate a higher-level sanction.  The 
    admission of new individuals shall be prohibited during the 
    probationary period. (Level 4)
        (3)    Restricted license: A licensee is sanctioned for 
    unsatisfactory compliance.  The admission of new 
    individuals shall be prohibited during the restricted 
    licensure period.  Corrective action sufficient to bring 
    the licensee back into good standing with the Department 
    must be taken within 60 days. During the restricted 
    licensure period a monitor will be assigned to oversee the 
    progress of the facility in taking corrective action.  If 
    corrective actions are not taken, the facility will be 
    subject to a higher-level sanction. (Level 5)
        (4)    Revocation: Revocation of the license is 
    withdrawal by formal actions of the license.  The revocation 
    shall be in effect until such time that the provider 
    submits a re-application and the licensee can demonstrate 
    its ability to operate in good standing with the 
    Department.  The Department has the right not to reinstate a 
    license.  If revocation occurs as a result of imminent risk, 
    all individuals shall be immediately relocated and all 
    funding will be transferred. (Level 6)

        (5)    Financial penalty: A financial penalty may be 
    imposed upon finding of violation in any one or combination 
    of the provisions of this Act.  In determining an 
    appropriate financial penalty, the Department may consider 
    the deterrent effect of the penalty on the organization and 
    on other providers, the nature of the violation, the degree 
    to which the violation resulted in a benefit to the 
    organization or harm to the public, and any other relevant 
    factor to be examined in mitigation or aggravation of the 
    organization's conduct.  The financial penalty may be 
    imposed in conjunction with other sanctions or separately.  
    Higher level sanctions may be imposed in situations where 
    there are repeat violations.

 
    Section 4-110. Citation review and appeal procedures.
    (a)     Upon receipt of Level 3 to 6 citations, the licensee 
may provide additional written information and argument 
disputing the citation with 10 working days.  The Department 
shall respond within 20 days to the licensee's disputation.
    (b)    If a licensee contests the Department's decision 
regarding a Level 4 to 6 citation or penalty, it can request a 
hearing by submitting a written request within 20 working days 
of the Department's dispute resolution decision.  The 
Department shall notify the licensee of the time and place of 
the hearing not less than 14 days prior to the hearing date.
    (c)     A license may not be denied or revoked unless the 
licensee is given written notice of the grounds for the 
Department's action. Except when revocation of a license is 
based on imminent risk, the facility or program whose license 
has been revoked may operate and receive reimbursement for 
services during the period preceding the hearing, until such 
time as a final decision is made.
 
    Section 4-111. Notwithstanding the existence or pursuit of 
any other remedy, the Director of the Department may, in the 
manner provided by law, upon the advice of the Attorney General 
who shall represent the Director of the Department in the 
proceedings, maintain an action in the name of the State for 
injunction or other process against any person or governmental 
unit to restrain or prevent the establishment of a facility 
without a license issued pursuant to this Act, or to restrain 
or prevent the opening, conduction, operating, or maintaining 
of a facility without a license issued pursuant to this Act.  In 
addition, the Director of the Department may, in the manner 
provided by law, in the name of the People of the State and 
through the Attorney General who shall represent the Director 
of the Department in the proceedings, maintain an action for 
injunction or other relief or process against any licensee or 
other person to enforce and compel compliance with the 
provisions of this Act and the standards, rules, and 
regulations established by virtue of this Act and any order 
entered for any response action pursuant to this Act and such 
standards, rules, and regulations.
 
PART 2. 
ACCREDITATION

 
    Section 4-201. Accreditation and licensure. At the end of 
the provisional licensure period established in Article 3, Part 
1 of this Act, the Department shall license a facility as a 
specialized mental health rehabilitation facility under this 
Act that successfully completes and obtains valid national 
accreditation in behavioral health from a recognized national 
accreditation entity and complies with licensure standards as 
established by the Department of Public Health in 
administrative rule. Rules governing licensure standards shall 
include, but not be limited to, appropriate fines and sanctions 
associated with violations of laws or regulations. The 
following shall be considered to be valid national 
accreditation in behavioral health from an national 
accreditation entity:
        (1)   the Joint Commission;
        (2) the Commission on Accreditation of Rehabilitation 
    Facilities; 
        (3)     the Healthcare Facilities Accreditation Program; 
    or
        (4) any other national standards of care as approved by 
    the Department.
 
ARTICLE 5. 
FACILITY PAYMENT

 
    Section 5-101. Managed care entity, coordinated care 
entity, and accountable care entity payments. For facilities 
licensed by the Department of Public Health under this Act, the 
payment for services provided shall be determined by 
negotiation with managed care entities, coordinated care 
entities, or accountable care entities. However, for 3 years 
after the effective date of this Act, in no event shall the 
reimbursement rate paid to facilities licensed under this Act 
be less than the rate in effect on June 30, 2013 less $7.07 
times the number of occupied bed days, as that term is defined 
in Article V-B of the Illinois Public Aid Code, for each 
facility previously licensed under the Nursing Home Care Act on 
June 30, 2013; or the rate in effect on June 30, 2013 for each 
facility licensed under the Specialized Mental Health 
Rehabilitation Act on June 30, 2013. Any adjustment in the 
support component or the capital component for facilities 
licensed by the Department of Public Health under the Nursing 
Home Care Act shall apply equally to facilities licensed by the 
Department of Public Health under this Act for the duration of 
the provisional licensure period as defined in Section 4-105 of 
this Act.
 
ARTICLE 6.
MISCELLANEOUS AND AMENDATORY PROVISIONS; REPEALER

 
    Section 6-101. Illinois Administrative Procedure Act.  The 
provisions of the Illinois Administrative Procedure Act are 
hereby expressly adopted and shall apply to all administrative 
rules and procedures of the Department under this Act.
  
 
    Section 6-102. Judicial review. All final administrative 
decisions of the Department under this Act are subject to 
judicial review under the Administrative Review Law and the 
rules adopted pursuant thereto. The term "administrative 
decision" is defined as in Section 3-101 of the Code of Civil 
Procedure.
 
    Section 6-105. The Election Code is amended  by changing 
Sections 3-3, 4-6.3, 4-10, 5-9, 5-16.3, 6-50.3, 6-56, 19-4, 
19-12.1, and 19-12.2 as follows:
 



    (10 ILCS 5/3-3)  (from Ch. 46, par. 3-3)



    Sec. 3-3. 
Every honorably discharged soldier or sailor who 
is an
inmate of any soldiers' and sailors' home within the 
State of Illinois,
any person who is a resident of a facility 
licensed or certified pursuant to the
Nursing Home Care Act, 
the Specialized Mental Health Rehabilitation Act of 2013, or 
the ID/DD Community Care Act, or any person who is a resident 
of a community-integrated living arrangement, as defined in 
Section 3 of the Community-Integrated Living Arrangements 
Licensure and Certification Act,
for 30 days or longer, and who 
is a citizen of the United States and has
resided in this State 
and in the election district 30 days next
preceding any 
election shall be entitled to vote in the election
district in 
which any such home or community-integrated living arrangement 
in which he is an
inmate or resident is located, for all 
officers that now are or hereafter may be
elected by the 
people, and upon all questions that may be submitted to
the 
vote of the people: Provided, that he shall declare upon oath, 
that it
was his bona fide intention at the time he entered said 
home or community-integrated living arrangement to become a

resident thereof.

(Source: P.A. 96-339, eff. 7-1-10; 96-563, eff. 1-1-10; 
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 
97-813, eff. 7-13-12.)
 


    (10 ILCS 5/4-6.3)  (from Ch. 46, par. 4-6.3)




    Sec. 4-6.3. 
The county clerk may establish a temporary 
place of registration
for such times and at such locations 
within the county as the county clerk
may select.  However, no 
temporary place of registration may be
in operation during the 
27 days preceding an election.  Notice
of the time and place
of 
registration under this Section shall be published by the 
county
clerk in a newspaper
having a general circulation in the 
county not less than 3 nor
more than 15 days before the holding 
of such registration.

    Temporary places of registration shall be established so

that the areas of concentration of population or use by the 
public are served,
whether by
facilities provided in places of 
private business or in public buildings
or in mobile units.  
Areas which may be designated as temporary places of

registration include, but are not limited to, facilities 
licensed or certified
pursuant to the Nursing Home Care Act, 
the Specialized Mental Health Rehabilitation Act of 2013, or 
the ID/DD Community Care Act, Soldiers' and Sailors'
Homes, 
shopping centers, business districts, public buildings and 
county fairs.

    Temporary places of registration shall be available to the

public not less than 2 hours per year for each 1,000 population 
or
fraction thereof in the county.

    All temporary places of registration shall be manned by 
deputy county
clerks or deputy registrars appointed pursuant to 
Section 4-6.2.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 



    (10 ILCS 5/4-10)  (from Ch. 46, par. 4-10)



    Sec. 4-10. 
Except as herein provided, no person shall be 
registered,
unless he applies in person to a registration 
officer, answers such
relevant questions as may be asked of him 
by the registration officer,
and executes the affidavit of 
registration.  The registration officer shall
require the 
applicant to furnish two forms of identification, and except in 
the
case of a homeless individual, one of which must include 
his or her residence
address.  These forms of identification 
shall include, but not be limited to,
any of the following: 
driver's license, social security card, public aid

identification card, utility bill, employee or student 
identification card,
lease or contract for a residence, credit 
card, or a civic, union or professional association membership 
card.
The registration officer shall require a homeless 
individual to furnish
evidence of his or her use of the mailing 
address stated.  This use may be
demonstrated by a piece of mail 
addressed to that individual and received at
that address or by 
a statement from a person authorizing use of the mailing

address.  The registration officer shall require each applicant 
for
registration to read or have read to him the affidavit of 
registration
before permitting him to execute the affidavit.

    One of the registration officers or a deputy registration 
officer,
county clerk, or clerk in the office of the county 
clerk, shall
administer to all persons who shall personally 
apply to register the
following oath or affirmation:

    "You do solemnly swear (or affirm) that you will fully and 
truly
answer all such questions as shall be put to you touching 
your name,
place of residence, place of birth, your 
qualifications as an elector
and your right as such to register 
and vote under the laws of the State
of Illinois."

    The registration officer shall satisfy himself that each 
applicant
for registration is qualified to register before 
registering him.  If the
registration officer has reason to 
believe that the applicant is a resident
of a Soldiers' and 
Sailors' Home or any facility which is licensed or certified

pursuant to the Nursing Home Care Act, the Specialized Mental 
Health Rehabilitation Act of 2013, or the ID/DD Community Care 
Act, the following question shall be put,
"When you entered the 
home which is your present address, was it your bona
fide 
intention to become a resident thereof?"  Any voter of a 
township, city,
village or incorporated town in which such 
applicant resides, shall be
permitted to be present at the 
place of any precinct registration and shall
have the right to 
challenge any applicant who applies to be registered.

    In case the officer is not satisfied that the applicant is 
qualified
he shall forthwith notify such applicant in writing 
to appear before the
county clerk to complete his registration.  
Upon the card of such
applicant shall be written the word 
"incomplete" and no such applicant
shall be permitted to vote 
unless such registration is satisfactorily
completed as 
hereinafter provided.  No registration shall be taken and
marked 
as incomplete if information to complete it can be furnished on

the date of the original application.

    Any person claiming to be an elector in any election 
precinct and
whose registration card is marked "Incomplete" may 
make and sign an
application in writing, under oath, to the 
county clerk in substance in
the following form:

    "I do solemnly swear that I, ...., did on (insert date) 
make
application to the board of registry of the .... precinct 
of the township of
.... (or to the county clerk of .... county) 
and that said board or clerk
refused to complete my 
registration as a qualified voter in said
precinct.  That I 
reside in said precinct, that I intend to reside in said

precinct, and am a duly qualified voter of said precinct and am 
entitled to be
registered to vote in said precinct at the next 
election.

(Signature of applicant) ............................."

 

    All such applications shall be presented to the county 
clerk or to
his duly authorized representative by the 
applicant, in person between
the hours of 9:00 a.m. and 5:00 
p.m. on any day after the days on
which the 1969 and 1970 
precinct re-registrations are held but not on
any day within 27 
days preceding the ensuing general election and
thereafter for 
the registration provided in Section 4-7 all such
applications 
shall be presented to the county clerk or his duly
authorized 
representative by the applicant in person between the hours
of 
9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding 
the
ensuing general election.  Such application shall be heard 
by the county
clerk or his duly authorized representative at 
the time the application
is presented.  If the applicant for 
registration has registered with the
county clerk, such 
application may be presented to and heard by the
county clerk 
or by his duly authorized representative upon the dates

specified above or at any time prior thereto designated by the 
county clerk.

    Any otherwise qualified person who is absent from his 
county of
residence either due to business of the United States 
or because he is
temporarily outside the territorial limits of 
the United States may
become registered by mailing an 
application to the county clerk within
the periods of 
registration provided for in this Article, or by simultaneous

application for absentee registration and absentee ballot as 
provided in
Article 20 of this Code.

    Upon receipt of such application the county clerk shall 
immediately
mail an affidavit of registration in duplicate, 
which affidavit shall
contain the following and such other 
information as the State Board of
Elections may think it proper 
to require for the identification of the
applicant:

    Name.  The name of the applicant, giving surname and first 
or
Christian name in full, and the middle name or the initial 
for such
middle name, if any.

    Sex.

    Residence.  The name and number of the street, avenue or 
other
location of the dwelling, and such additional clear and 
definite
description as may be necessary to determine the exact 
location of the
dwelling of the applicant.  Where the location 
cannot be determined by
street and number, then the Section, 
congressional township and range
number may be used, or such 
other information as may be necessary,
including post office 
mailing address.

    Term of residence in the State of Illinois and the 
precinct.

    Nativity.  The State or country in which the applicant was 
born.

    Citizenship.  Whether the applicant is native born or 
naturalized. If
naturalized, the court, place and date of 
naturalization.

    Age.  Date of birth, by month, day and year.

    Out of State address of ..........................

AFFIDAVIT OF REGISTRATION


State of ...........)
 
                   )ss

County of ..........)

    I hereby swear (or affirm) that I am a citizen of the 
United States;
that on the day of the next election I shall 
have resided in the State
of Illinois and in the election 
precinct 30 days; that I am
fully qualified to vote, that I am 
not registered to vote anywhere else
in the United States, that 
I intend to remain a resident of the State of
Illinois and of 
the election precinct, that I intend to return to the State
of 
Illinois, and that the above statements are true.

..............................


(His or her signature or mark)


    Subscribed and sworn to before me, an officer qualified to 
administer
oaths, on (insert date).

........................................


Signature of officer administering oath.


    Upon receipt of the executed duplicate affidavit of 
Registration, the
county clerk shall transfer the information 
contained thereon to
duplicate Registration Cards provided for 
in Section 4-8 of this Article
and shall attach thereto a copy 
of each of the duplicate affidavit of
registration and 
thereafter such registration card and affidavit shall

constitute the registration of such person the same as if he 
had applied
for registration in person.

(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10; 
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 
97-813, eff. 7-13-12.)

 



    (10 ILCS 5/5-9)  (from Ch. 46, par. 5-9)



    Sec. 5-9. 
Except as herein provided, no person shall be 
registered
unless he applies in person to registration officer, 
answers such
relevant questions as may be asked of him by the 
registration officer,
and executes the affidavit of 
registration.  The registration officer shall
require the 
applicant to furnish two forms of identification, and except in 
the
case of a homeless individual, one of which must include 
his or her residence
address.  These forms of identification 
shall include, but not be limited to,
any of the following: 
driver's license, social security card, public aid

identification card, utility bill, employee or student 
identification card,
lease or contract for a residence, credit 
card, or a civic, union or professional association membership 
card.
The registration officer shall require a homeless 
individual to furnish
evidence of his or her use of the mailing 
address stated.  This use may be
demonstrated by a piece of mail 
addressed to that individual and received at
that address or by 
a statement from a person authorizing use of the mailing

address. The registration officer shall require each applicant 
for registration
to read or have read to him the affidavit of 
registration before permitting him
to execute the affidavit.

    One of the Deputy Registrars, the Judge of Registration, or 
an
Officer of Registration, County Clerk, or clerk in the 
office of the
County Clerk, shall administer to all persons who 
shall personally apply
to register the following oath or 
affirmation:

    "You do solemnly swear (or affirm) that you will fully and 
truly
answer all such questions as shall be put to you touching 
your place of
residence, name, place of birth, your 
qualifications as an elector and
your right as such to register 
and vote under the laws of the State of
Illinois."

    The Registration Officer shall satisfy himself that each 
applicant
for registration is qualified to register before 
registering him.  If the
registration officer has reason to 
believe that the applicant is a resident
of a Soldiers' and 
Sailors' Home or any facility which is licensed or certified

pursuant to the Nursing Home Care Act, the Specialized Mental 
Health Rehabilitation Act of 2013, or the ID/DD Community Care 
Act, the following question shall be put,
"When you entered the 
home which is your present address, was it your bona fide

intention to become a resident thereof?"  Any voter of a 
township, city,
village or incorporated town in which such 
applicant resides, shall be
permitted to be present at the 
place of precinct registration, and shall have
the right to 
challenge any applicant who applies to be registered.

    In case the officer is not satisfied that the applicant is 
qualified,
he shall forthwith in writing notify such applicant 
to appear before the
County Clerk to furnish further proof of 
his qualifications.  Upon the
card of such applicant shall be 
written the word "Incomplete" and no
such applicant shall be 
permitted to vote unless such registration is
satisfactorily 
completed as hereinafter provided.  No registration shall
be 
taken and marked as "incomplete" if information to complete it 
can be
furnished on the date of the original application.

    Any person claiming to be an elector in any election 
precinct in such
township, city, village or incorporated town 
and whose registration is
marked "Incomplete" may make and sign 
an application in writing, under
oath, to the County Clerk in 
substance in the following form:

    "I do solemnly swear that I, ..........,  did on (insert 
date) make application to the Board of Registry of the ........

precinct of ........ ward of the City of .... or of the 
......... District
......... Town of .......... (or to the 
County Clerk of .............) and
............ County; that 
said Board or Clerk refused to complete my
registration as a 
qualified voter in said precinct, that I reside in said

precinct (or that I intend to reside in said precinct), am a 
duly qualified
voter and entitled to vote in said precinct at 
the next election.

...........................


(Signature of Applicant)"


    All such applications shall be presented to the County 
Clerk by the
applicant, in person between the hours of nine 
o'clock a.m. and five
o'clock p.m., on Monday and Tuesday of 
the third week subsequent to
the weeks in which the 1961 and 
1962 precinct re-registrations are to be
held, and thereafter 
for the registration provided in Section 5-17 of
this Article, 
all such applications shall be presented to the County
Clerk by 
the applicant in person between the hours of nine o'clock a.m.

and nine o'clock p.m. on Monday and Tuesday of the third week

prior to the date on which such election is to be held.

    Any otherwise qualified person who is absent from his 
county of
residence either due to business of the United States 
or because he is
temporarily outside the territorial limits of 
the United States may
become registered by mailing an 
application to the county clerk within
the periods of 
registration provided for in this Article or by simultaneous

application for absentee registration and absentee ballot as 
provided in
Article 20 of this Code.

    Upon receipt of such application the county clerk shall 
immediately
mail an affidavit of registration in duplicate, 
which affidavit shall
contain the following and such other 
information as the State Board of
Elections may think it proper 
to require for the identification of the
applicant:

    Name.  The name of the applicant, giving surname and first 
or
Christian name in full, and the middle name or the initial 
for such
middle name, if any.

    Sex.

    Residence.  The name and number of the street, avenue or 
other
location of the dwelling, and such additional clear and 
definite
description as may be necessary to determine the exact 
location of the
dwelling of the applicant.  Where the location 
cannot be determined by
street and number, then the Section, 
congressional township and range
number may be used, or such 
other information as may be necessary,
including post office 
mailing address.

    Term of residence in the State of Illinois and the 
precinct.

    Nativity.  The State or country in which the applicant was 
born.

    Citizenship.  Whether the applicant is native born or 
naturalized. If
naturalized, the court, place and date of 
naturalization.

    Age.  Date of birth, by month, day and year.

    Out of State address of ..........................

AFFIDAVIT OF REGISTRATION


State of .........)
 
                 )ss

County of ........)

    I hereby swear (or affirm) that I am a citizen of the 
United States;
that on the day of the next election I shall 
have resided in the State
of Illinois for 6 months and in the 
election precinct 30 days; that I am
fully qualified to vote, 
that I am not registered to vote anywhere else
in the United 
States, that I intend to remain a resident of the State of

Illinois and of the election precinct, that I intend to return 
to the State
of Illinois, and that the above statements are 
true.

..............................


(His or her signature or mark)


    Subscribed and sworn to before me, an officer qualified to 
administer
oaths, on (insert date).

........................................


Signature of officer administering oath.


 

    Upon receipt of the executed duplicate affidavit of 
Registration, the
county clerk shall transfer the information 
contained thereon to
duplicate Registration Cards provided for 
in Section 5-7 of this Article
and shall attach thereto a copy 
of each of the duplicate affidavit of
registration and 
thereafter such registration card and affidavit shall

constitute the registration of such person the same as if he 
had applied
for registration in person.

(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10; 
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 
97-813, eff. 7-13-12.)
 


    (10 ILCS 5/5-16.3)  (from Ch. 46, par. 5-16.3)




    Sec. 5-16.3. 
The county clerk may establish temporary 
places of
registration for such times and at such locations 
within the county as the
county clerk may select.  However, no 
temporary place of
registration may be in operation during the

27 days preceding an election.  Notice
of time and place of 
registration at any such temporary place of
registration under 
this Section shall be published by the county
clerk in a 
newspaper having a general circulation in the county not less

than 3 nor more than 15 days before the holding of such 
registration.

    Temporary places of registration shall be established so 
that the
areas of concentration of population or use by the 
public are served,
whether by facilities provided in places of 
private business or in
public buildings or in mobile units. 
Areas which may be designated as
temporary places of 
registration include, but are not limited to, facilities

licensed or certified pursuant to the Nursing Home Care Act, 
the Specialized Mental Health Rehabilitation Act of 2013, or 
the ID/DD Community Care Act,
Soldiers' and Sailors' Homes,

shopping centers, business districts, public buildings and 
county fairs.

    Temporary places of registration shall be available to the 
public not
less than 2 hours per year for each 1,000 population 
or fraction thereof
in the county.

    All temporary places of registration shall be manned by 
deputy county
clerks or deputy registrars appointed pursuant to 
Section 5-16.2.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 


    (10 ILCS 5/6-50.3)  (from Ch. 46, par. 6-50.3)




    Sec. 6-50.3. 
The board of election commissioners may 
establish
temporary places of registration for such times and 
at such locations as
the board may select. However, no 
temporary place of registration
may be in operation during the 
27 days preceding an election.
Notice of the time and place of 
registration at any such temporary place of
registration under 
this Section shall be published by the board of election

commissioners in a newspaper having a general circulation in 
the city, village
or incorporated town not less than 3 nor more 
than 15 days before the holding
of such registration.

    Temporary places of registration shall be established so 
that the
areas of concentration of population or use by the 
public are served,
whether by facilities provided in places of 
private business or in
public buildings or in mobile units. 
Areas which may be designated as
temporary places of 
registration include, but are not limited to, facilities

licensed or certified pursuant to the Nursing Home Care Act, 
the Specialized Mental Health Rehabilitation Act of 2013, or 
the ID/DD Community Care Act,
Soldiers' and Sailors' Homes,

shopping centers, business districts, public buildings and 
county fairs.

    Temporary places of registration shall be available to the 
public not
less than 2 hours per year for each 1,000 population 
or fraction thereof
in the county.

    All temporary places of registration shall be manned by 
employees of the
board of election commissioners or deputy 
registrars appointed pursuant
to Section 6-50.2.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 


    (10 ILCS 5/6-56)  (from Ch. 46, par. 6-56)




    Sec. 6-56. 
Not more than 30 nor less than 28 days before 
any election
under this Article, all owners, managers, 
administrators or operators of hotels, lodging
houses, rooming 
houses, furnished apartments or facilities licensed or

certified under
the Nursing Home Care Act, which house 4 or 
more
persons, outside the members of the family of such owner, 
manager, administrator or
operator, shall file with the board 
of election commissioners a report,
under oath, together with 
one copy thereof, in such form as may be
required by the board 
of election commissioners, of the names and
descriptions of all 
lodgers, guests or residents claiming a voting residence at the

hotels, lodging houses, rooming houses, furnished apartments,  
or facility
licensed or certified under the Nursing Home Care 
Act, the Specialized Mental Health Rehabilitation Act of 2013, 
or the ID/DD Community Care Act under
their control. In 
counties having a population of 500,000 or more such
report 
shall be made on forms mailed to them by the board of election

commissioners. The board of election commissioners shall sort 
and
assemble the sworn copies of the reports in numerical order 
according to
ward and according to precincts within each ward 
and shall, not later
than 5 days after the last day allowed by 
this Article for the filing of
the reports, maintain one 
assembled set of sworn duplicate reports
available for public 
inspection until 60 days after election days.
Except as is 
otherwise expressly provided in this Article, the board
shall 
not be required to perform any duties with respect to the sworn

reports other than to mail, sort, assemble, post and file them 
as
hereinabove provided.

    Except in such cases where a precinct canvass is being 
conducted by
the Board of Election Commissioners prior to a 
Primary or Election, the
board of election commissioners shall 
compare the original copy of each
such report with the list of 
registered voters from such addresses.
Every person registered 
from such address and not listed in such report
or whose name 
is different from any name so listed, shall immediately
after 
the last day of registration be sent a notice through the 
United
States mail, at the address appearing upon his 
registration record card,
requiring him to appear before the 
board of election commissioners on
one of the days specified in 
Section 6-45 of this Article and show
cause why his 
registration should not be cancelled. The provisions of

Sections 6-45, 6-46 and 6-47 of this Article shall apply to 
such
hearing and proceedings subsequent thereto.

    Any owner, manager or operator of any such hotel, lodging 
house,
rooming house or furnished apartment who shall fail or 
neglect to file
such statement and copy thereof as in this 
Article provided, may, upon
written information of the attorney 
for the election commissioners, be
cited by the election 
commissioners or upon the complaint of any voter
of such city, 
village or incorporated town, to appear before them and
furnish 
such sworn statement and copy thereof and make such oral

statements under oath regarding such hotel, lodging house, 
rooming house
or furnished apartment, as the election 
commissioners may require. The
election commissioners shall 
sit to hear such citations on the Friday of
the fourth week 
preceding the week in which such election is to be held.
Such 
citation shall be served not later than the day preceding the 
day
on which it is returnable.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 


    (10 ILCS 5/19-4)
  (from Ch. 46, par. 19-4)




    Sec. 19-4. Mailing or delivery of ballots - Time.) 
Immediately upon
the receipt of such application either by 
mail, not more than 40 days
nor less than 5 days prior to such 
election, or by personal delivery not
more than 40 days nor 
less than one day prior to such election,  at the
office of such 
election authority, it shall be the duty of such election

authority to examine the records to ascertain whether or not 
such
applicant is lawfully entitled to vote as
requested, 
including a verification of the applicant's signature by 
comparison with the signature on the official registration 
record card, and if found so to be entitled to vote, to post 
within one business day thereafter
the name, street address,

ward and precinct number or township and district number, as 
the case may be,
of such applicant given on a list, the pages 
of which are to be numbered
consecutively to be kept by such 
election authority for such purpose in a
conspicuous, open and 
public place accessible to the public at the entrance of
the 
office of such election authority, and in such a manner that 
such list may
be viewed without necessity of requesting 
permission therefor.  Within one
 day after posting the name and 
other information of an applicant for
an absentee ballot, the 
election authority shall transmit that name and other
posted 
information to the State Board of Elections, which shall 
maintain those
names and other information in an electronic 
format on its website, arranged by
county and accessible to 
State and local political committees. Within 2
business days 
after posting a name and other information on the list within

its
office, the election authority shall mail,
postage prepaid, 
or deliver in person in such office an official ballot
or 
ballots if more than one are to be voted at said election.  Mail 
delivery
of Temporarily Absent Student ballot applications 
pursuant to Section
19-12.3 shall be by nonforwardable mail.  
However,
for the consolidated election, absentee ballots for 
certain precincts may
be delivered to applicants not less than 
25 days before the election if
so much time is required to have 
prepared and printed the ballots containing
the names of 
persons nominated for offices at the consolidated primary.
The 
election authority shall enclose with each absentee ballot or

application written instructions on how voting assistance 
shall be provided
pursuant to Section 17-14 and a document, 
written and approved by the State
Board of Elections,

enumerating
the circumstances under which a person is 
authorized to vote by absentee
ballot pursuant to this Article; 
such document shall also include a
statement informing the 
applicant that if he or she falsifies or is
solicited by 
another to falsify his or her
eligibility to cast an absentee 
ballot, such applicant or other is subject
to
penalties 
pursuant to Section 29-10 and Section 29-20 of the Election 
Code.
 Each election authority shall maintain a list of the 
name, street address,
ward and
precinct, or township and 
district number, as the case may be, of all
applicants who have 
returned absentee ballots to such authority, and the name of 
such absent voter shall be added to such list
within one 
business day from receipt of such ballot.
If the absentee 
ballot envelope indicates that the voter was assisted in

casting the ballot, the name of the person so assisting shall 
be included on
the list. The list, the pages of which are to be 
numbered consecutively,
shall be kept by each election 
authority in a conspicuous, open, and public
place accessible 
to the public at the entrance of the office of the election

authority and in a manner that the list may be viewed without 
necessity of
requesting permission for viewing.

    Each election authority shall maintain a list for each 
election
of the
voters to whom it has issued absentee ballots. 
The list shall be
maintained for each precinct within the 
jurisdiction of the election
authority. Prior to the opening of 
the polls on election day, the
election authority shall deliver 
to the judges of election in each
precinct the list of 
registered voters in that precinct to whom absentee
ballots 
have been issued by mail.

    Each election authority shall maintain a list for each 
election of
voters to whom it has issued temporarily absent 
student ballots.  The list
shall be maintained for each election 
jurisdiction within which such voters
temporarily abide.  
Immediately after the close of the period during which

application may be  made by mail for absentee ballots, each 
election
authority shall mail to each other election authority 
within the State a
certified list of all such voters 
temporarily abiding within the
jurisdiction of the other 
election authority.

    In the event that the return address of an
application for 
ballot by a physically incapacitated elector
is that of a 
facility licensed or certified under the Nursing Home Care
Act, 
the Specialized Mental Health Rehabilitation Act of 2013, or 
the ID/DD Community Care Act, within the jurisdiction of the 
election authority, and the applicant
is a registered voter in 
the precinct in which such facility is located,
the ballots 
shall be prepared and transmitted to a responsible judge of

election no later than 9 a.m. on the Saturday, Sunday or Monday 
immediately
preceding the election as designated by the 
election authority under
Section 19-12.2. Such judge shall 
deliver in person on the designated day
the ballot to the 
applicant on the premises of the facility from which

application was made. The election authority shall by mail 
notify the
applicant in such facility that the ballot will be 
delivered by a judge of
election on the designated day.

    All applications for absentee ballots shall be available at 
the office
of the election authority for public inspection upon 
request from the
time of receipt thereof by the election 
authority until 30 days after the
election, except during the 
time such applications are kept in the
office of the election 
authority pursuant to Section 19-7, and except during
the time 
such applications are in the possession of the judges of 
election.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 


    (10 ILCS 5/19-12.1)  (from Ch. 46, par. 19-12.1)




    Sec. 19-12.1. 
Any qualified elector who has secured an 
Illinois
 Person with a Disability Identification Card in 
accordance with the Illinois
Identification Card Act, 
indicating that the person named thereon has a Class
1A or 
Class 2 disability or any qualified voter who has a permanent 
physical
incapacity of such a nature as to make it improbable 
that he will be
able to be present at the polls at any future 
election, or any
voter who is a resident of (i) a federally 
operated veterans' home, hospital, or facility located in 
Illinois or (ii) a facility licensed or certified pursuant to

the Nursing Home Care Act, the Specialized Mental Health 
Rehabilitation Act of 2013, or the ID/DD Community Care Act and 
has a condition or disability of
such a nature as to make it 
improbable that he will be able to be present
at the polls at 
any future election, may secure a disabled voter's or
nursing 
home resident's identification card, which will enable him to 
vote
under this Article as a physically incapacitated or 
nursing home voter. For the purposes of this Section,  
"federally operated veterans' home, hospital, or facility" 
means the long-term care facilities at the Jesse Brown VA 
Medical Center, Illiana Health Care System, Edward Hines, Jr. 
VA Hospital, Marion VA Medical Center, and Captain James A. 
Lovell Federal Health Care Center. 

    Application for a disabled voter's or nursing home 
resident's
identification card shall be made either: (a) in 
writing, with voter's
sworn affidavit, to the county clerk or 
board of election commissioners, as
the case may be, and shall 
be accompanied
by the affidavit of the attending physician 
specifically describing the
nature of the physical incapacity 
or the fact that the voter is a nursing
home resident and is 
physically unable to be present at the polls on election
days; 
or (b) by presenting, in writing or otherwise, to the county 
clerk
or board of election commissioners, as the case may be, 
proof that the
applicant has secured an Illinois Person with a 
Disability Identification Card
indicating that the person 
named thereon has a Class 1A or Class 2 disability.
Upon the 
receipt of either the sworn-to
application and the physician's 
affidavit or proof that the applicant has
secured an Illinois 
Person with a Disability Identification Card indicating that 
the
person named thereon has a Class 1A or Class 2 disability, 
the county clerk
or board of election commissioners shall issue 
a disabled voter's or
nursing home resident's identification

card. Such identification cards shall be issued for a
period of 
5 years, upon the expiration of which time the voter may
secure 
a new card by making application in the same manner as is

prescribed for the issuance of an original card, accompanied by 
a new
affidavit of the attending physician.  The date of 
expiration of such
five-year period shall be made known to any 
interested person by the
election authority upon the request of 
such person.  Applications for the
renewal of the identification 
cards shall be mailed to the voters holding
such cards not less 
than 3 months prior to the date of expiration of the cards.

    Each disabled voter's or nursing home resident's 
identification card
shall bear an identification number, which 
shall be clearly noted on the voter's
original and duplicate 
registration record cards. In the event the
holder becomes 
physically capable of resuming normal voting, he must
surrender 
his disabled voter's or nursing home resident's identification

card to the county clerk or board of election commissioners 
before the next election.

    The holder of a disabled voter's or nursing home resident's

identification card may make application by mail for an 
official ballot
within the time prescribed by Section 19-2. 
Such application shall contain
the same information as is

included in the form of application for ballot by a physically

incapacitated elector prescribed in Section 19-3 except that it 
shall
also include the applicant's disabled voter's 
identification card number
and except that it need not be sworn 
to. If an examination of the records
discloses that the 
applicant is lawfully entitled to vote, he shall be
mailed a 
ballot as provided in Section 19-4. The ballot envelope shall

be the same as that prescribed in Section 19-5 for physically 
disabled
voters, and the manner of voting and returning the 
ballot shall be the
same as that provided in this Article for 
other absentee ballots, except
that a statement to be 
subscribed to by the voter but which need not be
sworn to shall 
be placed on the ballot envelope in lieu of the affidavit

prescribed by Section 19-5.

    Any person who knowingly subscribes to a false statement in

connection with voting under this Section shall be guilty of a 
Class A
misdemeanor.

    For the purposes of this Section, "nursing home resident" 
includes a resident of (i) a federally operated veterans' home, 
hospital, or facility located in Illinois or (ii) a facility 
licensed under the ID/DD Community Care Act or the Specialized 
Mental Health Rehabilitation Act of 2013. For the purposes of 
this Section,  "federally operated veterans' home, hospital, or 
facility" means the long-term care facilities at the Jesse 
Brown VA Medical Center, Illiana Health Care System, Edward 
Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain 
James A. Lovell Federal Health Care Center. 
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-275, eff. 1-1-12; 97-813, eff. 7-13-12; 
97-1064, eff. 1-1-13.)

 


    (10 ILCS 5/19-12.2)  (from Ch. 46, par. 19-12.2)



    Sec. 19-12.2. Voting by physically incapacitated electors 
who have made
proper application to the election authority not 
later than 5 days before
the regular primary and general 
election of 1980 and before each election
thereafter shall be 
conducted on the premises of (i) federally operated veterans' 
homes, hospitals, and facilities located in Illinois or (ii) 
facilities licensed or
certified pursuant to the Nursing Home 
Care Act, the Specialized Mental Health Rehabilitation Act of 
2013, or the ID/DD Community Care Act for the sole benefit of

residents of such homes, hospitals, and facilities. For the 
purposes of this Section,  "federally operated veterans' home, 
hospital, or facility" means the long-term care facilities at 
the Jesse Brown VA Medical Center, Illiana Health Care System, 
Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and 
Captain James A. Lovell Federal Health Care Center. Such voting 
shall be conducted during any
continuous period sufficient to 
allow all applicants to cast their ballots
between the hours of 
9 a.m. and 7 p.m. either on the Friday, Saturday, Sunday
or 
Monday immediately preceding the regular election. This 
absentee voting on
one of said days designated by the election 
authority shall be supervised by
two election judges who must 
be selected by the election authority in the
following order of 
priority: (1) from the panel of judges appointed for the

precinct in which such home, hospital, or facility is located, 
or from a panel of judges appointed
for any other precinct 
within the jurisdiction of the election authority in the
same 
ward or township, as the case may be, in which the home, 
hospital, or facility is located or,
only in the case where a 
judge or judges from the precinct, township or ward
are 
unavailable to serve, (3) from a panel of judges appointed for 
any other
precinct within the jurisdiction of the election 
authority. The two judges
shall be from different political 
parties. Not less than 30 days before each
regular election, 
the election authority shall have arranged with the chief

administrative officer of each home, hospital, or facility in 
his or its election jurisdiction a
mutually convenient time 
period on the Friday, Saturday, Sunday or Monday
immediately 
preceding the election for such voting on the premises of the 
home, hospital, or
facility and shall post in a prominent place 
in his or its office a notice of
the agreed day and time period 
for conducting such voting at each home, hospital, or facility;

provided that the election authority shall not later than noon 
on the Thursday
before the election also post the names and 
addresses of those homes, hospitals, and facilities from
which 
no applications were received and in which no supervised 
absentee voting
will be conducted.  All provisions of this Code 
applicable to pollwatchers
shall be applicable herein. To the 
maximum extent feasible, voting booths or
screens shall be 
provided to insure the privacy of the voter. Voting procedures

shall be as described in Article 17 of this Code, except that 
ballots shall be
treated as absentee ballots and shall not be 
counted until the close of the
polls on the following day. 
After the last voter has concluded voting, the
judges shall 
seal the ballots in an envelope and affix their signatures 
across
the flap of the envelope. Immediately thereafter, the 
judges
shall bring the sealed envelope to the office of the 
election authority
who shall deliver such ballots to the 
election authority's central ballot counting location prior to

the closing of the polls on the day of election.  The judges of 
election shall
also report to the election authority the name 
of any applicant in the home, hospital, or facility
who, due to 
unforeseen circumstance or condition or because
of a religious 
holiday, was unable to vote.  In this event, the election

authority may appoint a qualified person from his or its staff 
to deliver
the ballot to such applicant on the day of election.  
This staff person
shall follow the same procedures prescribed 
for judges conducting absentee
voting in such homes, hospitals, 
or facilities and shall return the ballot to the central ballot 
counting location before the polls close. However, if the home, 
hospital, or facility from
which the application was made is 
also used as a regular precinct polling place
for that voter, 
voting procedures heretofore prescribed may be implemented by 2

of the election judges of opposite party affiliation assigned 
to that polling
place during the hours of voting on the day of 
the election. Judges of election
shall be compensated not less 
than $25.00 for conducting absentee voting in
such homes, 
hospitals, or facilities.

    Not less than 120 days before each regular election, the 
Department
of Public Health shall certify to the State Board of 
Elections a list of
the facilities licensed or certified 
pursuant to the Nursing Home Care
Act, the Specialized Mental 
Health Rehabilitation Act of 2013, or the ID/DD Community Care 
Act. The lists shall indicate the approved bed capacity and the 
name of
the chief administrative officer of each such home, 
hospital, or facility, and the State Board
of Elections shall 
certify the same to the appropriate election authority
within 
20 days thereafter.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-275, eff. 1-1-12; 97-813, eff. 7-13-12.)

 
    Section 6-110. The Mental Health and Developmental 
Disabilities Administrative Act is amended  by changing Section 
15 as follows:
 
    (20 ILCS 1705/15)  (from Ch. 91 1/2, par. 100-15)
    Sec. 15. Before any person is released from a facility

operated by the State pursuant to an absolute discharge or a

conditional discharge from hospitalization under this Act, the

facility director of the facility in which such person is

hospitalized shall determine that such person is not currently

in need of hospitalization and:


        (a) is able to live independently in the community; or


        (b) requires further oversight and supervisory care 
    for which
arrangements have been made with responsible 
    relatives
or supervised residential program approved by 
    the Department; or


        (c) requires further personal care or general 
    oversight as
defined by the ID/DD Community Care Act or the 
    Specialized Mental Health Rehabilitation Act of 2013, for 
    which
placement arrangements have been made with a suitable 
    family
home or other licensed facility approved by the 
    Department under this
Section; or


        (d) requires community mental health services for 
    which arrangements
have been made with a community mental 
    health provider in accordance
with criteria, standards, 
    and procedures promulgated by rule.


    Such determination shall be made in writing and shall 
become a
part of the facility record of such absolutely or

conditionally discharged person.  When the determination 
indicates that the
condition of the person to be granted an 
absolute discharge or
a conditional discharge is described 
under subparagraph (c) or (d) of
this Section, the name and 
address of the continuing care
facility or home to which such 
person is to be released shall
be entered in the facility 
record.  Where a discharge from a
mental health facility is made 
under subparagraph (c), the
Department
shall assign the person 
so discharged to an existing community
based not-for-profit 
agency for participation in day activities
suitable to the 
person's needs, such as but not limited to
social and 
vocational rehabilitation, and other recreational,
educational 
and financial activities unless the community based

not-for-profit agency is unqualified to accept such 
assignment.
Where the clientele
of any not-for-profit
agency 
increases as
a result of assignments under this amendatory Act 
of
1977 by
more than 3% over the prior year, the Department 
shall fully
reimburse such agency for the costs of providing

services to
such persons in excess of such 3% increase.
The 
Department shall keep written records detailing how many 
persons have
been assigned to a community based not-for-profit 
agency and how many persons
were not so assigned because the 
community based agency was unable to
accept the assignments, in 
accordance with criteria, standards, and procedures

promulgated by rule.  Whenever a community based agency is found 
to be
unable to accept the assignments, the name of the agency 
and the reason for the
finding shall be
included in the report.


    Insofar as desirable in the interests of the former 
recipient, the
facility, program or home in which the 
discharged person
is to be placed shall be located in or near 
the community in which the
person resided prior to 
hospitalization or in the community in
which the person's 
family or nearest next of kin presently reside.
Placement of 
the discharged person in facilities, programs or homes located

outside of this State shall not be made by the Department 
unless
there are no appropriate facilities, programs or homes 
available within this
State. Out-of-state placements shall be 
subject to return of recipients
so placed upon the availability 
of facilities, programs or homes within this
State to 
accommodate these recipients, except where placement in a 
contiguous
state results in locating a recipient in a facility 
or program closer to the
recipient's home or family.  If an 
appropriate facility or program becomes
available equal to or 
closer to the recipient's home or family, the recipient
shall 
be returned to and placed at the appropriate facility or 
program within
this State.


    To place any person who is under a program of the 
Department
at board in a suitable family home or in such other 
facility or program as
the Department may consider desirable.  
The Department may place
in licensed nursing homes, sheltered 
care homes, or homes for
the aged those persons whose 
behavioral manifestations and medical
and nursing care needs 
are such as to be substantially indistinguishable
from persons 
already living in such facilities.  Prior to any
placement by 
the Department under this Section, a determination
shall be 
made by the personnel of the
Department, as to the capability 
and suitability of such
facility to adequately meet the needs 
of the person to be
discharged.  When specialized
programs are 
necessary in order to enable persons in need of
supervised 
living to develop and improve in the community, the
Department 
shall place such persons only in specialized residential
care 
facilities which shall meet Department standards including

restricted admission policy, special staffing and programming

for social and vocational rehabilitation, in addition to the

requirements of the appropriate State licensing agency.  The

Department shall not place any new person in a facility the

license of which has been revoked or not renewed on grounds
of 
inadequate programming, staffing, or medical or adjunctive

services, regardless of the pendency of an action
for 
administrative review regarding such revocation or failure
to 
renew. Before the Department may transfer any person to a

licensed nursing home, sheltered care home or home for the
aged 
or place any person in a specialized residential care
facility 
the Department shall notify the person to be
transferred, or a 
responsible relative of such person, in
writing, at least 30 
days before the proposed transfer, with
respect to all the 
relevant facts concerning such transfer,
except in cases of 
emergency when such notice is not required.
If either the 
person to be transferred or a responsible
relative of such 
person objects to such transfer, in writing
to the Department, 
at any time after receipt of notice and
before the transfer, 
the facility director of the facility in
which the person was a 
recipient shall immediately schedule a
hearing at the facility 
with the presence of the facility director,
the person who 
objected to such proposed transfer, and a
psychiatrist who is 
familiar with the record of the person
to be transferred. Such 
person to be transferred or a
responsible relative may be 
represented by such counsel or
interested party as he may 
appoint, who may present such
testimony with respect to the 
proposed transfer. Testimony
presented at such hearing shall 
become a part of the facility
record of the 
person-to-be-transferred. The record of testimony
shall be 
held in the person-to-be-transferred's record in the
central 
files of the facility. If such hearing is held a transfer
may 
only be implemented, if at all, in accordance with the results

of such hearing. Within 15 days after such hearing the
facility 
director shall deliver his findings based
on the record of the 
case and the testimony presented at the hearing,
by registered 
or certified mail, to the parties to such hearing.
The findings 
of the facility director shall be
deemed a final administrative 
decision of the Department. For purposes of
this Section, "case 
of emergency" means those instances in
which the health of the 
person to be transferred is imperiled
and the most appropriate 
mental health care or medical care is
available at a licensed 
nursing home, sheltered care home or
home for the aged or a 
specialized residential care facility.


    Prior to placement of any person in a facility under this

Section the Department shall ensure that an appropriate 
training
plan for staff is provided by the facility.
Said 
training may include instruction and demonstration
by 
Department personnel qualified in the area of mental illness
or 
intellectual disabilities, as applicable to the person to be 
placed.  Training may
be given both at the facility from which

the recipient is transferred and at the facility receiving
the 
recipient, and may be available on a continuing basis

subsequent to placement.  In a facility providing services to 
former Department
recipients, training shall be available as 
necessary for
facility staff.  Such training will be on a 
continuing basis
as the needs of the facility and recipients 
change and further
training is required.


    The Department shall not place any person in a facility

which does not have appropriately trained staff in sufficient

numbers to accommodate the recipient population already at the

facility.  As a condition of further or future placements of

persons, the Department shall require the employment of 
additional
trained staff members at the facility where said 
persons are
to be placed.  The Secretary, or his or her 
designate,
shall establish written guidelines for placement of 
persons in facilities
under this Act.
The Department shall keep 
written records detailing which facilities have
been

determined to have staff who have been appropriately trained by 
the
Department and
all training which it has provided or

required under this Section.


    Bills for the support for a person boarded out shall be

payable monthly out of the proper maintenance funds and shall

be audited as any other accounts of the Department.  If a
person 
is placed in a facility or program outside the Department, the

Department may pay the actual costs of residence, treatment
or 
maintenance in such facility and may collect such actual
costs 
or a portion thereof from the recipient or the estate of
a 
person placed in accordance with this Section.


    Other than those placed in a family home the Department

shall cause all persons who are placed in a facility, as 
defined by the
ID/DD Community Care Act or the Specialized 
Mental Health Rehabilitation Act of 2013, or in designated 
community living
situations or programs, to be visited at least 
once during the first month
following placement, and once every 
month thereafter
for the first year following placement
when 
indicated, but at least quarterly.
After the
first year, the 
Department shall determine at what point the appropriate

licensing entity for the facility or designated community 
living situation or
program will assume the responsibility of 
ensuring that appropriate services
are being provided to the 
resident.  Once that responsibility is assumed, the
Department 
may discontinue such visits.  If a long term care
facility has 
periodic care plan conferences, the visitor may participate
in 
those conferences, if such participation is approved by the 
resident or the
resident's guardian.
Visits shall be made by 
qualified
and trained Department personnel, or their designee,

in the area of mental health or developmental disabilities

applicable to the person visited, and shall be made on a
more 
frequent basis when indicated.  The Department may not use as

designee any personnel connected with or responsible to the 
representatives
of any facility in which persons who have been 
transferred under this
Section are placed.   In the course of 
such visit there shall be
consideration of the following areas, 
but not limited
thereto:  effects of transfer on physical and 
mental health
of the person, sufficiency of nursing care and 
medical coverage
required by the person, sufficiency of staff 
personnel and
ability to provide basic care for the person, 
social, recreational
and programmatic activities available for 
the person, and other
appropriate aspects of the person's 
environment.


    A report containing the above observations shall be made
to 
the Department, to the licensing agency, and to any other 
appropriate
agency
subsequent to each visitation.  The report 
shall contain
recommendations to improve the care and treatment 
of the resident, as
necessary, which shall be reviewed by the 
facility's interdisciplinary team and
the resident or the 
resident's legal guardian.



    Upon the complaint of any person placed in accordance
with 
this Section or any responsible citizen or upon discovery
that 
such person has been abused, neglected, or improperly cared

for, or that the placement does not provide the type of care 
required by
the recipient's current condition, the Department

immediately shall investigate, and determine if the 
well-being, health,
care, or safety of any person is affected 
by any of the above occurrences,
and if any one of the above 
occurrences is verified, the Department shall
remove such 
person at once to a facility of the Department
or to another 
facility outside the Department, provided such
person's needs 
can be met at said facility.  The Department may
also provide 
any person placed in accordance with this Section
who is 
without available funds, and who is permitted to engage
in 
employment outside the facility, such sums for the 
transportation,
and other expenses as may be needed by him 
until he receives
his wages for such employment.


    The Department shall promulgate rules and regulations

governing the purchase of care for persons who are wards of
or 
who are receiving services from the Department.  Such rules
and 
regulations shall apply to all monies expended by any agency
of 
the State of Illinois for services rendered by any person,

corporate entity, agency, governmental agency or political

subdivision whether public or private outside of the Department

whether payment is made through a contractual, per-diem or

other arrangement.  No funds shall be paid to any person,

corporation, agency, governmental entity or political

subdivision without compliance with such rules and 
regulations.


    The rules and regulations governing purchase of care shall

describe categories and types of service deemed appropriate
for 
purchase by the Department.


    Any provider of services under this Act may elect to 
receive payment
for those services, and the Department is 
authorized to arrange for that
payment, by means of direct 
deposit transmittals to the service provider's
account 
maintained at a bank, savings and loan association, or other

financial institution.  The financial institution shall be 
approved by the
Department, and the deposits shall be in 
accordance with rules and
regulations adopted by the 
Department.


(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 
    Section 6-115. The Department of Public Health Powers and 
Duties Law of the
Civil Administrative Code of Illinois is 
amended  by changing Sections 2310-550, 2310-560, 2310-565, and 
2310-625 as follows:
 


    (20 ILCS 2310/2310-550)  (was 20 ILCS 2310/55.40)



    Sec. 2310-550. Long-term care facilities. The Department 
may
perform, in all long-term
care facilities as defined in the 
Nursing Home Care
Act, all facilities as defined in the 
Specialized Mental Health Rehabilitation Act of 2013, and all 
facilities as defined in the ID/DD Community Care Act, all 
inspection, evaluation, certification, and inspection of care

duties that the federal government may require the State of 
Illinois
to
perform or have performed as a condition of 
participation in any programs
under Title XVIII or Title XIX of 
the federal Social Security Act.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 


    (20 ILCS 2310/2310-560)  (was 20 ILCS 2310/55.87)



    Sec. 2310-560. Advisory committees concerning
construction 
of
facilities.
    (a) The Director shall appoint an advisory committee.  The 
committee
shall be established by the Department by rule.  The 
Director and the
Department shall consult with the advisory 
committee concerning the
application of building codes and 
Department rules related to those
building codes to facilities 
under the Ambulatory Surgical Treatment
Center Act, the Nursing 
Home Care Act, the Specialized Mental Health Rehabilitation Act 
of 2013, and the ID/DD Community Care Act.

    (b) The Director shall appoint an advisory committee to 
advise the
Department and to conduct informal dispute 
resolution concerning the
application of building codes for new 
and existing construction and related
Department rules and 
standards under the Hospital Licensing Act, including
without 
limitation rules and standards for (i) design and construction, 
(ii)
engineering and maintenance of the physical plant, site, 
equipment, and
systems (heating, cooling, electrical, 
ventilation, plumbing, water, sewer,
and solid waste 
disposal), and (iii) fire and safety.  The advisory committee

shall be composed of all of the following members:


        (1) The chairperson or an elected representative from 
    the
Hospital Licensing Board under the Hospital Licensing 
    Act.


        (2) Two health care architects with a minimum of 10 
    years of
experience in institutional design and building 
    code analysis.


        (3) Two engineering professionals (one mechanical and 
    one
electrical) with a minimum of 10 years of experience in 
    institutional
design and building code analysis.


        (4) One commercial interior design professional with a 
    minimum
of 10 years of experience.


        (5) Two representatives from provider associations.


        (6) The Director or his or her designee, who shall 
    serve as the
committee moderator.

    Appointments shall be made with the concurrence of the

Hospital Licensing Board. The committee shall submit

recommendations concerning the
application of building codes 
and related Department rules and
standards to the
Hospital 
Licensing Board
for review and comment prior to
submission to 
the Department. The committee shall submit
recommendations 
concerning informal dispute resolution to the Director.
The 
Department shall provide per diem and travel expenses to the

committee members.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 


    (20 ILCS 2310/2310-565)  (was 20 ILCS 2310/55.88)



    Sec. 2310-565. Facility construction training
program.  The

Department shall conduct, at least annually, a joint in-service 
training
program for architects, engineers, interior 
designers, and other persons
involved in the construction of a 
facility under the Ambulatory Surgical
Treatment Center Act, 
the Nursing Home Care Act, the Specialized Mental Health 
Rehabilitation Act of 2013, the ID/DD Community Care Act, or 
the Hospital Licensing Act
on problems and issues relating to 
the construction of facilities under any of
those Acts.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 
    (20 ILCS 2310/2310-625)
    Sec. 2310-625. Emergency Powers.
    (a) Upon proclamation of a disaster by the Governor, as 
provided for in the Illinois Emergency Management Agency Act, 
the Director of Public Health shall have the following powers, 
which shall be exercised only in coordination with the Illinois 
Emergency Management Agency and the Department of Financial and

Professional Regulation:
        (1) The power to suspend the requirements for temporary 
    or permanent licensure or certification of persons who are 
    licensed or certified in another state and are working 
    under the direction of the Illinois Emergency Management 
    Agency and the Illinois Department of Public Health 
    pursuant to the declared disaster.
        (2) The power to modify the scope of practice 
    restrictions under the Emergency Medical Services (EMS) 
    Systems Act for any persons who are licensed under that Act 
    for any person working under the direction of the Illinois 
    Emergency Management Agency and the Illinois Department of 
    Public Health pursuant to the declared disaster.
        (3) The power to modify the scope of practice 
    restrictions under the Nursing Home Care Act, the 
    Specialized Mental Health Rehabilitation Act of 2013, or 
    the ID/DD Community Care Act for Certified Nursing 
    Assistants for any person working under the direction of 
    the Illinois Emergency Management Agency and the Illinois 
    Department of Public Health pursuant to the declared 
    disaster.
    (b) Persons exempt from licensure or certification under 
paragraph (1) of subsection (a) and persons operating under 
modified scope of practice provisions under paragraph (2) of 
subsection (a) and paragraph (3) of subsection (a) shall be 
exempt from licensure or certification or subject to modified 
scope of practice only until the declared disaster has ended as 
provided by law. For purposes of this Section, persons working 
under the direction of an emergency services and disaster 
agency accredited by the Illinois Emergency Management Agency 
and a local public health department, pursuant to a declared 
disaster, shall be deemed to be working under the direction of 
the Illinois Emergency Management Agency and the Department of 
Public Health.

    (c) The Director shall exercise these powers by way of 
proclamation.


(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    Section 6-120. The Abuse of Adults with Disabilities 
Intervention Act is amended  by changing Section 15 as follows:
 


    (20 ILCS 2435/15)  (from Ch. 23, par. 3395-15)



    Sec. 15. Definitions. As used in this Act:

    "Abuse" means causing any physical, sexual,
or mental abuse 
to an
adult with disabilities, including exploitation of the 
adult's financial
resources.  Nothing
in this Act shall be 
construed to mean that an adult with disabilities is a
victim 
of abuse or neglect for the sole reason
that
he or she is being

furnished with or relies upon treatment by spiritual means 
through prayer
alone, in accordance with the tenets and 
practices of a recognized church
or religious denomination.

Nothing in this Act shall be construed to mean that an adult 
with
disabilities is a victim of abuse because of health care 
services provided or
not provided by licensed health care 
professionals.

    "Adult with disabilities" means a person aged 18 through 59 
who resides in
a domestic living
situation and whose physical 
or mental disability impairs his or her ability to
seek or 
obtain
protection from abuse, neglect, or exploitation.

    "Department" means the Department of Human Services.

    "Adults with Disabilities Abuse Project" or "project" 
means
that program within the Office of Inspector General 
designated by the
Department of Human Services to receive and 
assess reports of alleged or
suspected abuse, neglect, or 
exploitation of adults with
disabilities.

    "Domestic living situation" means a residence where the 
adult with
disabilities lives alone or with his or her family 
or household members, a care
giver, or others or
at a board and 
care home or other community-based unlicensed facility, but is

not:


        (1) A licensed facility as defined in Section 1-113 of 
    the Nursing Home
Care Act or Section 1-113 of the ID/DD 
    Community Care Act or Section 1-102 1-113 of the 
    Specialized Mental Health Rehabilitation Act of 2013.


        (2) A life care facility as defined in the Life Care 
    Facilities Act.


        (3) A home, institution, or other place operated by the 
    federal
government, a federal agency, or the State.


        (4) A hospital, sanitarium, or other institution, the 
    principal activity
or business of which is the diagnosis, 
    care, and treatment of human illness
through the 
    maintenance and operation of organized facilities and that 
    is
required to be licensed under the Hospital Licensing 
    Act.


        (5) A community living facility as defined in the 
    Community Living
Facilities Licensing Act.


        (6) A community-integrated living arrangement as 
    defined in the
Community-Integrated Living Arrangements 
    Licensure and Certification Act or
community residential 
    alternative as licensed under that Act.

    "Emergency" means a situation in which an adult with 
disabilities is in danger of death or great bodily harm.


    "Family or household members" means a person who as a 
family member,
volunteer, or paid care provider has assumed 
responsibility for all or a
portion of the care of an adult 
with disabilities who needs assistance with
activities of daily 
living.

    "Financial exploitation" means the illegal, including 
tortious, use of the assets or resources of an adult with

disabilities.
Exploitation includes, but is not limited to, the 
misappropriation of
assets or resources of an adult with 
disabilities by
undue influence, by
breach of a fiduciary 
relationship, by fraud, deception, or extortion, or
by the use 
of the assets or resources in a manner contrary to law. 
    "Mental abuse" means the infliction of emotional or mental 
distress by a caregiver, a family member, or any person with 
ongoing access to a person with disabilities by threat of harm, 
humiliation, or other verbal or nonverbal conduct.
    "Neglect" means the failure of
another individual to 
provide an adult with disabilities with or the willful

withholding from an adult with disabilities the necessities of 
life, including,
but not limited to, food, clothing, shelter, 
or medical care.

    Nothing in the definition of "neglect" shall be construed 
to impose a
requirement that assistance be provided to an adult 
with disabilities over
his or her objection in the absence of a 
court order, nor to create any new
affirmative duty to provide 
support, assistance, or intervention to an
adult with 
disabilities. Nothing in this Act shall be construed to mean 
that
an adult with disabilities is a
victim of neglect because 
of health care services provided or not provided by
licensed

health care professionals.

    "Physical abuse" means any of the following acts:


        (1) knowing or reckless use of physical force, 
    confinement, or restraint;


        (2) knowing, repeated, and unnecessary sleep 
    deprivation;


        (3) knowing or reckless conduct which creates an 
    immediate risk of
physical harm; or
 
        (4) when committed by a caregiver, a family member, or 
    any person with ongoing access to a person with 
    disabilities, directing another person to physically abuse 
    a person with disabilities. 
    "Secretary" means the Secretary of Human Services.

    "Sexual abuse" means touching, fondling, sexual threats, 
sexually
inappropriate remarks,
or any other sexual activity 
with an adult with disabilities when the adult
with 
disabilities
is unable to understand, unwilling to consent, 
threatened, or physically forced
to engage
in sexual behavior. 
Sexual abuse includes acts of sexual exploitation including, 
but not limited to, facilitating or compelling an adult with 
disabilities to become a prostitute, or receiving anything of 
value from an adult with disabilities knowing it was obtained 
in whole or in part from the practice of prostitution. 

    "Substantiated case" means a reported case of alleged or 
suspected abuse,
neglect, or exploitation in which the Adults 
with
Disabilities Abuse
Project staff, after assessment, 
determines that there is reason to believe
abuse, neglect, or 
exploitation has occurred.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-354, eff. 8-12-11; 97-813, eff. 7-13-12.)

 
    Section 6-125. The Illinois Finance Authority Act is 
amended  by changing Section 801-10 as follows:
 


    (20 ILCS 3501/801-10)



    Sec. 801-10. Definitions. The following terms, whenever 
used or referred
to
in this Act, shall have the following 
meanings, except in such instances where
the context may 
clearly indicate otherwise:

    (a) The term "Authority" means the Illinois Finance 
Authority created by
this Act.

    (b) The term "project" means an industrial project, 
conservation project, housing project, public
purpose project, 
higher education project, health facility project, cultural

institution project, agricultural facility or agribusiness, 
and "project" may
include any combination of one or more of the 
foregoing undertaken jointly by
any person with one or more 
other persons.

    (c) The term "public purpose project" means any project or 
facility
including
without limitation land, buildings, 
structures, machinery, equipment and all
other real and 
personal property, which is authorized or required by law to be

acquired, constructed, improved, rehabilitated, reconstructed, 
replaced or
maintained by any unit of government or any other 
lawful public purpose which
is authorized or required by law to 
be undertaken by any unit of government.

    (d) The term "industrial project" means the acquisition, 
construction,
refurbishment, creation, development or 
redevelopment of any facility,
equipment, machinery, real 
property or personal property for use by any
instrumentality of 
the State or its political subdivisions, for use by any
person 
or institution, public or private, for profit or not for 
profit, or for
use in any trade or business including, but not 
limited to, any industrial,
manufacturing or commercial 
enterprise and which is (1) a capital project
including but not 
limited to: (i) land and any rights therein, one or more

buildings, structures or other improvements, machinery and 
equipment, whether
now existing or hereafter acquired, and 
whether or not located on the same site
or sites; (ii) all 
appurtenances and facilities incidental to the foregoing,

including, but not limited to utilities, access roads, railroad 
sidings, track,
docking and similar facilities, parking 
facilities, dockage, wharfage, railroad
roadbed, track, 
trestle, depot, terminal, switching and signaling or related

equipment, site preparation and landscaping; and (iii) all 
non-capital costs
and expenses relating thereto or (2) any 
addition to, renovation,
rehabilitation or
improvement of a 
capital project or (3) any activity or undertaking which the

Authority determines will aid, assist or encourage economic 
growth, development
or redevelopment within the State or any 
area thereof, will promote the
expansion, retention or 
diversification of employment opportunities within the
State 
or any area thereof or will aid in stabilizing or developing 
any industry
or economic sector of the State economy. The term 
"industrial project" also
means the production of motion 
pictures.

    (e) The term "bond" or "bonds" shall include bonds, notes 
(including bond,
grant or revenue anticipation notes), 
certificates and/or other evidences of
indebtedness 
representing an obligation to pay money, including refunding

bonds.

    (f) The terms "lease agreement" and "loan agreement" shall 
mean: (i) an
agreement whereby a project acquired by the 
Authority by purchase, gift or
lease
is leased to any person, 
corporation or unit of local government which will use
or cause 
the project to be used as a project as heretofore defined upon 
terms
providing for lease rental payments at least sufficient 
to pay when due all
principal of, interest and premium, if any, 
on any bonds of the Authority
issued
with respect to such 
project, providing for the maintenance, insuring and
operation 
of the project on terms satisfactory to the Authority, 
providing for
disposition of the project upon termination of 
the lease term, including
purchase options or abandonment of 
the premises, and such other terms as may be
deemed desirable 
by the Authority, or (ii) any agreement pursuant to which the

Authority agrees to loan the proceeds of its bonds issued with 
respect to a
project or other funds of the Authority to any 
person which will use or cause
the project to be used as a 
project as heretofore defined upon terms providing
for loan 
repayment installments at least sufficient to pay when due all

principal of, interest and premium, if any, on any bonds of the 
Authority, if
any, issued with respect to the project, and 
providing for maintenance,
insurance and other matters as may 
be deemed desirable by the Authority.

    (g) The term "financial aid" means the expenditure of 
Authority funds or
funds provided by the Authority through the 
issuance of its bonds, notes or
other
evidences of indebtedness 
or from other sources for the development,
construction, 
acquisition or improvement of a project.

    (h) The term "person" means an individual, corporation, 
unit of government,
business trust, estate, trust, partnership 
or association, 2 or more persons
having a joint or common 
interest, or any other legal entity.

    (i) The term "unit of government" means the federal 
government, the State or
unit of local government, a school 
district, or any agency or instrumentality,
office, officer, 
department, division, bureau, commission, college or

university thereof.

    (j) The term "health facility" means: (a) any public or 
private institution,
place, building, or agency required to be 
licensed under the Hospital Licensing
Act; (b) any public or 
private institution, place, building, or agency required
to be 
licensed under the Nursing Home Care Act, the Specialized 
Mental Health Rehabilitation Act of 2013, or the ID/DD 
Community Care Act; (c)
any public or licensed private hospital 
as defined in the Mental Health and
Developmental Disabilities 
Code; (d) any such facility exempted from such
licensure when 
the Director of Public Health attests that such exempted

facility
meets the statutory definition of a facility subject 
to licensure; (e) any
other
public or private health service 
institution, place, building, or agency which
the Director of 
Public Health attests is subject to certification by the

Secretary, U.S. Department of Health and Human Services under 
the Social
Security Act, as now or hereafter amended, or which 
the Director of Public
Health attests is subject to 
standard-setting by a recognized public or
voluntary 
accrediting or standard-setting agency; (f) any public or 
private
institution, place, building or agency engaged in 
providing one or more
supporting services to a health facility; 
(g) any public or private
institution,
place, building or 
agency engaged in providing training in the healing arts,

including but not limited to schools of medicine, dentistry, 
osteopathy,
optometry, podiatry, pharmacy or nursing, schools 
for the training of x-ray,
laboratory or other health care 
technicians and schools for the training of
para-professionals 
in the health care field; (h) any public or private
congregate, 
life or extended care or elderly housing facility or any public 
or
private home for the aged or infirm, including, without 
limitation, any
Facility as defined in the Life Care Facilities 
Act; (i) any public or private
mental, emotional or physical 
rehabilitation facility or any public or private
educational, 
counseling, or rehabilitation facility or home, for those 
persons
with a developmental disability, those who are 
physically ill or disabled, the
emotionally disturbed, those 
persons with a mental illness or persons with
learning or 
similar disabilities or problems; (j) any public or private

alcohol, drug or substance abuse diagnosis, counseling 
treatment or
rehabilitation
facility, (k) any public or private 
institution, place, building or agency
licensed by the 
Department of Children and Family Services or which is not so

licensed but which the Director of Children and Family Services 
attests
provides child care, child welfare or other services of 
the type provided by
facilities
subject to such licensure; (l) 
any public or private adoption agency or
facility; and (m) any 
public or private blood bank or blood center. "Health
facility" 
also means a public or private structure or structures suitable

primarily for use as a laboratory, laundry, nurses or interns 
residence or
other housing or hotel facility used in whole or 
in part for staff, employees
or
students and their families, 
patients or relatives of patients admitted for
treatment or 
care in a health facility, or persons conducting business with 
a
health facility, physician's facility, surgicenter, 
administration building,
research facility, maintenance, 
storage or utility facility and all structures
or facilities 
related to any of the foregoing or required or useful for the

operation of a health facility, including parking or other 
facilities or other
supporting service structures required or 
useful for the orderly conduct of
such health facility. "Health 
facility" also means, with respect to a project located outside 
the State, any public or private institution, place, building, 
or agency which provides services similar to those described 
above, provided that such project is owned, operated, leased or 
managed by a participating health institution located within 
the State, or a participating health institution affiliated 
with an entity located within the State.

    (k) The term "participating health institution" means (i) a 
private corporation
or association or (ii) a public entity of 
this State, in either case authorized by the laws of this
State 
or the applicable state to provide or operate a health facility 
as defined in this Act and which,
pursuant to the provisions of 
this Act, undertakes the financing, construction
or 
acquisition of a project or undertakes the refunding or 
refinancing of
obligations, loans, indebtedness or advances as 
provided in this Act.

    (l) The term "health facility project", means a specific 
health facility
work
or improvement to be financed or 
refinanced (including without limitation
through reimbursement 
of prior expenditures), acquired, constructed, enlarged,

remodeled, renovated, improved, furnished, or equipped, with 
funds provided in
whole or in part hereunder, any accounts 
receivable, working capital, liability
or insurance cost or 
operating expense financing or refinancing program of a
health 
facility with or involving funds provided in whole or in part 
hereunder,
or any combination thereof.

    (m) The term "bond resolution" means the resolution or 
resolutions
authorizing the issuance of, or providing terms and 
conditions related to,
bonds issued
under this Act and 
includes, where appropriate, any trust agreement, trust

indenture, indenture of mortgage or deed of trust providing 
terms and
conditions for such bonds.

    (n) The term "property" means any real, personal or mixed 
property, whether
tangible or intangible, or any interest 
therein, including, without limitation,
any real estate, 
leasehold interests, appurtenances, buildings, easements,

equipment, furnishings, furniture, improvements, machinery, 
rights of way,
structures, accounts, contract rights or any 
interest therein.

    (o) The term "revenues" means, with respect to any project, 
the rents, fees,
charges, interest, principal repayments, 
collections and other income or profit
derived therefrom.

    (p) The term "higher education project" means, in the case 
of a private
institution of higher education, an educational 
facility to be acquired,
constructed, enlarged, remodeled, 
renovated, improved, furnished, or equipped,
or any 
combination thereof.

    (q) The term "cultural institution project" means, in the 
case of a cultural
institution, a cultural facility to be 
acquired, constructed, enlarged,
remodeled, renovated, 
improved, furnished, or equipped, or any combination
thereof.

    (r) The term "educational facility" means any property 
located within the
State, or any property located outside the 
State, provided that, if the property  is located outside the 
State, it must be owned, operated, leased or managed by an 
entity located within the State or an entity affiliated with an 
entity located within the State, in each case
constructed or 
acquired before or after the effective date of this Act, which

is
or will be, in whole or in part, suitable for the 
instruction, feeding,
recreation or housing of students, the 
conducting of research or other work of
a
private institution 
of higher education, the use by a private institution of
higher 
education in connection with any educational, research or 
related or
incidental activities then being or to be conducted 
by it, or any combination
of the foregoing, including, without 
limitation, any such property suitable for
use as or in 
connection with any one or more of the following: an academic

facility, administrative facility, agricultural facility, 
assembly hall,
athletic facility, auditorium, boating 
facility, campus, communication
facility,
computer facility, 
continuing education facility, classroom, dining hall,

dormitory, exhibition hall, fire fighting facility, fire 
prevention facility,
food service and preparation facility, 
gymnasium, greenhouse, health care
facility, hospital, 
housing, instructional facility, laboratory, library,

maintenance facility, medical facility, museum, offices, 
parking area,
physical education facility, recreational 
facility, research facility, stadium,
storage facility, 
student union, study facility, theatre or utility.

    (s) The term "cultural facility" means any property located 
within the State, or any property located outside the State, 
provided that, if the property is located outside the State, it 
must be owned, operated, leased or managed by an entity located 
within the State or an entity affiliated with an entity located 
within the State, in each case
constructed or acquired before 
or after the effective date of this Act, which
is or will be, 
in whole or in part, suitable for the particular purposes or

needs
of a cultural institution, including, without 
limitation, any such property
suitable for use as or in 
connection with any one or more of the following: an

administrative facility, aquarium, assembly hall, auditorium, 
botanical garden,
exhibition hall, gallery, greenhouse, 
library, museum, scientific laboratory,
theater or zoological 
facility, and shall also include, without limitation,
books, 
works of art or music, animal, plant or aquatic life or other 
items for
display, exhibition or performance. The term 
"cultural facility" includes
buildings on the National 
Register of Historic Places which are owned or
operated by 
nonprofit entities.

    (t) "Private institution of higher education" means a 
not-for-profit
educational institution which is not owned by 
the State or any political
subdivision, agency, 
instrumentality, district or municipality thereof, which
is

authorized by law to provide a program of education beyond the 
high school
level
and which:


        (1) Admits as regular students only individuals having 
    a
certificate of graduation from a high school, or the 
    recognized equivalent of
such a certificate;


        (2) Provides an educational program for which it awards 
    a
bachelor's degree, or provides an educational program, 
    admission into which is
conditioned upon the prior 
    attainment of a bachelor's degree or its equivalent,
for 
    which it awards a postgraduate degree, or provides not less 
    than a 2-year
program which is acceptable for full credit 
    toward such a degree, or offers a
2-year program in 
    engineering, mathematics, or the physical or biological

    sciences
which is designed to prepare the student to work 
    as a technician and at a
semiprofessional level in 
    engineering, scientific, or other technological
fields

    which require the understanding and application of basic 
    engineering,
scientific, or mathematical principles or 
    knowledge;


        (3) Is accredited by a nationally recognized 
    accrediting agency or
association or, if not so accredited, 
    is an institution whose credits are
accepted, on transfer, 
    by not less than 3 institutions which are so accredited,

    for credit on the same basis as if transferred from an 
    institution so
accredited, and holds an unrevoked 
    certificate of approval under the Private
College Act from 
    the Board of Higher Education, or is qualified as a
"degree 
    granting institution" under the Academic Degree Act; and


        (4) Does not discriminate in the admission of students 
    on the basis
of race or color.
"Private institution of 
    higher education" also includes any "academic

    institution".

    (u) The term "academic institution" means any 
not-for-profit institution
which
is not owned by the State or 
any political subdivision, agency,
instrumentality,
district 
or municipality thereof, which institution engages in, or 
facilitates
academic, scientific, educational or professional 
research or learning in a
field or fields of study taught at a 
private institution of higher education.
Academic institutions 
include, without limitation, libraries, archives,
academic, 
scientific, educational or professional societies, 
institutions,
associations or foundations having such 
purposes.

    (v) The term "cultural institution" means any 
not-for-profit institution
which
is not owned by the State or 
any political subdivision, agency,
instrumentality,
district 
or municipality thereof, which institution engages in the 
cultural,
intellectual, scientific, educational or artistic 
enrichment of the people of
the State. Cultural institutions 
include, without limitation, aquaria,
botanical societies, 
historical societies, libraries, museums, performing arts

associations or societies, scientific societies and zoological 
societies.


    (w) The term "affiliate" means, with respect to financing 
of an agricultural
facility or an agribusiness, any lender, any 
person, firm or corporation
controlled by, or under common 
control with, such lender, and any person, firm
or corporation 
controlling such lender.

    (x) The term "agricultural facility" means land, any 
building or other
improvement thereon or thereto, and any 
personal properties deemed necessary or
suitable for use, 
whether or not now in existence, in farming, ranching, the

production of agricultural commodities (including, without 
limitation, the
products of aquaculture, hydroponics and 
silviculture) or the treating,
processing or storing of such 
agricultural commodities when such activities are
customarily 
engaged in by farmers as a part of farming.

    (y) The term "lender" with respect to financing of an 
agricultural facility
or an agribusiness, means any federal or 
State chartered bank, Federal Land
Bank,
Production Credit 
Association, Bank for Cooperatives, federal or State
chartered 
savings and loan association or building and loan association, 
Small
Business
Investment Company or any other institution 
qualified within this State to
originate and service loans, 
including, but without limitation to, insurance
companies, 
credit unions and mortgage loan companies. "Lender" also means 
a
wholly owned subsidiary of a manufacturer, seller or 
distributor of goods or
services that makes loans to businesses 
or individuals, commonly known as a
"captive finance company".

    (z) The term "agribusiness" means any sole proprietorship, 
limited
partnership, co-partnership, joint venture, 
corporation or cooperative which
operates or will operate a 
facility located within the State of Illinois that
is related 
to the
processing of agricultural commodities (including, 
without limitation, the
products of aquaculture, hydroponics 
and silviculture) or the manufacturing,
production or 
construction of agricultural buildings, structures, equipment,

implements, and supplies, or any other facilities or processes 
used in
agricultural production. Agribusiness includes but is 
not limited to the
following:


        (1) grain handling and processing, including grain 
    storage,
drying, treatment, conditioning, mailing and 
    packaging;


        (2) seed and feed grain development and processing;


        (3) fruit and vegetable processing, including 
    preparation, canning
and packaging;


        (4) processing of livestock and livestock products, 
    dairy products,
poultry and poultry products, fish or 
    apiarian products, including slaughter,
shearing, 
    collecting, preparation, canning and packaging;


        (5) fertilizer and agricultural chemical 
    manufacturing,
processing, application and supplying;


        (6) farm machinery, equipment and implement 
    manufacturing and
supplying;


        (7) manufacturing and supplying of agricultural 
    commodity
processing machinery and equipment, including 
    machinery and equipment used in
slaughter, treatment, 
    handling, collecting, preparation, canning or packaging
of 
    agricultural commodities;


        (8) farm building and farm structure manufacturing, 
    construction
and supplying;


        (9) construction, manufacturing, implementation, 
    supplying or
servicing of irrigation, drainage and soil and 
    water conservation devices or
equipment;


        (10) fuel processing and development facilities that 
    produce fuel
from agricultural commodities or byproducts;


        (11) facilities and equipment for processing and 
    packaging
agricultural commodities specifically for 
    export;


        (12) facilities and equipment for forestry product 
    processing and
supplying, including sawmilling operations, 
    wood chip operations, timber
harvesting operations, and 
    manufacturing of prefabricated buildings, paper,
furniture 
    or other goods from forestry products;


        (13) facilities and equipment for research and 
    development of
products, processes and equipment for the 
    production, processing, preparation
or packaging of 
    agricultural commodities and byproducts.

    (aa) The term "asset" with respect to financing of any 
agricultural facility
or
any agribusiness, means, but is not 
limited to the following: cash crops or
feed on hand; livestock 
held for sale; breeding stock; marketable bonds and
securities; 
securities not readily marketable; accounts receivable; notes

receivable; cash invested in growing crops; net cash value of 
life insurance;
machinery and equipment; cars and trucks; farm 
and other real estate including
life estates and personal 
residence; value of beneficial interests in trusts;
government 
payments or grants; and any other assets.

    (bb) The term "liability" with respect to financing of any 
agricultural
facility or any agribusiness shall include, but 
not be limited to the
following:
accounts payable; notes or 
other indebtedness owed to any source; taxes; rent;
amounts 
owed on real estate contracts or real estate mortgages; 
judgments;
accrued interest payable; and any other liability.

    (cc) The term "Predecessor Authorities" means those 
authorities as described
in Section 845-75.

    (dd) The term "housing project" means a specific work or 
improvement
undertaken
to provide residential dwelling 
accommodations, including the acquisition,
construction or 
rehabilitation of lands, buildings and community facilities 
and
in connection therewith to provide nonhousing facilities 
which are part of the
housing project, including land, 
buildings, improvements, equipment and all
ancillary 
facilities for use for offices, stores, retirement homes, 
hotels,
financial institutions, service, health care, 
education, recreation or research
establishments, or any other 
commercial purpose which are or are to be related
to a housing 
development.
    (ee) The term "conservation project" means any project 
including the acquisition, construction, rehabilitation, 
maintenance, operation, or upgrade that is intended to create 
or expand open space or to reduce energy usage through 
efficiency measures. For the purpose of this definition, "open 
space" has the definition set forth under Section 10 of the 
Illinois Open Land Trust Act.


    (ff) The term "significant presence" means the existence 
within the State of the national or regional headquarters of an 
entity or group or such other facility of an entity or group of 
entities where a significant amount of the business functions 
are performed for such entity or group of entities. 
(Source: P.A. 96-339, eff. 7-1-10; 96-1021, eff. 7-12-10; 
97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 
7-13-12.)

 
    Section 6-135. The Illinois Income Tax Act is amended  by 
changing Section 806 as follows:
 


    (35 ILCS 5/806)




    Sec. 806. Exemption from penalty. An individual taxpayer 
shall not be
subject to a penalty for failing to pay estimated 
tax as required by Section
803 if the
taxpayer is 65 years of 
age or older and is a permanent resident of a nursing
home.
For 
purposes of this Section, "nursing home" means a skilled 
nursing or
intermediate long term care facility that is subject 
to licensure by the
Illinois
Department of Public Health under 
the Nursing Home Care Act, the Specialized Mental Health 
Rehabilitation Act of 2013, or the ID/DD Community Care Act.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 
    Section 6-140. The Use Tax Act is amended  by changing 
Section 3-5 as follows:
 


    (35 ILCS 105/3-5)


    Sec. 3-5. Exemptions. Use of the following tangible 
personal property
is exempt from the tax imposed by this Act:

    (1) Personal property purchased from a corporation, 
society, association,
foundation, institution, or 
organization, other than a limited liability
company, that is 
organized and operated as a not-for-profit service enterprise

for the benefit of persons 65 years of age or older if the 
personal property
was not purchased by the enterprise for the 
purpose of resale by the
enterprise.

    (2) Personal property purchased by a not-for-profit 
Illinois county
fair association for use in conducting, 
operating, or promoting the
county fair.

    (3) Personal property purchased by a not-for-profit
arts or 
cultural organization that establishes, by proof required by 
the
Department by
rule, that it has received an exemption under 
Section 501(c)(3) of the Internal
Revenue Code and that is 
organized and operated primarily for the
presentation
or 
support of arts or cultural programming, activities, or 
services.  These
organizations include, but are not limited to, 
music and dramatic arts
organizations such as symphony 
orchestras and theatrical groups, arts and
cultural service 
organizations, local arts councils, visual arts organizations,

and media arts organizations.
On and after the effective date 
of this amendatory Act of the 92nd General
Assembly, however, 
an entity otherwise eligible for this exemption shall not
make 
tax-free purchases unless it has an active identification 
number issued by
the Department.

    (4) Personal property purchased by a governmental body, by 
a
corporation, society, association, foundation, or 
institution organized and
operated exclusively for charitable, 
religious, or educational purposes, or
by a not-for-profit 
corporation, society, association, foundation,
institution, or 
organization that has no compensated officers or employees
and 
that is organized and operated primarily for the recreation of 
persons
55 years of age or older. A limited liability company 
may qualify for the
exemption under this paragraph only if the 
limited liability company is
organized and operated 
exclusively for educational purposes. On and after July
1, 
1987, however, no entity otherwise eligible for this exemption 
shall make
tax-free purchases unless it has an active exemption 
identification number
issued by the Department.

    (5) Until July 1, 2003, a passenger car that is a 
replacement vehicle to
the extent that the
purchase price of 
the car is subject to the Replacement Vehicle Tax.

    (6) Until July 1, 2003 and beginning again on September 1, 
2004 through August 30, 2014, graphic arts machinery and 
equipment, including
repair and replacement
parts, both new and 
used, and including that manufactured on special order,

certified by the purchaser to be used primarily for graphic 
arts production,
and including machinery and equipment 
purchased for lease.
 Equipment includes chemicals or chemicals 
acting as catalysts but only if
the
chemicals or chemicals 
acting as catalysts effect a direct and immediate change
upon a 
graphic arts product.

    (7) Farm chemicals.

    (8) Legal tender, currency, medallions, or gold or silver 
coinage issued by
the State of Illinois, the government of the 
United States of America, or the
government of any foreign 
country, and bullion.

    (9) Personal property purchased from a teacher-sponsored 
student
organization affiliated with an elementary or 
secondary school located in
Illinois.

    (10) A motor vehicle of the first division, a motor vehicle 
of the
second division that is a self-contained motor vehicle 
designed or
permanently converted to provide living quarters 
for recreational, camping,
or travel use, with direct walk 
through to the living quarters from the
driver's seat, or a 
motor vehicle of the second division that is of the
van 
configuration designed for the transportation of not less than 
7 nor
more than 16 passengers, as defined in Section 1-146 of 
the Illinois
Vehicle Code, that is used for automobile renting, 
as defined in the
Automobile Renting Occupation and Use Tax 
Act.

    (11) Farm machinery and equipment, both new and used,

including that manufactured on special order, certified by the 
purchaser
to be used primarily for production agriculture or 
State or federal
agricultural programs, including individual 
replacement parts for
the machinery and equipment, including 
machinery and equipment
purchased
for lease,
and including 
implements of husbandry defined in Section 1-130 of
the 
Illinois Vehicle Code, farm machinery and agricultural 
chemical and
fertilizer spreaders, and nurse wagons required to 
be registered
under Section 3-809 of the Illinois Vehicle Code,

but excluding other motor
vehicles required to be
registered 
under the Illinois Vehicle Code.
Horticultural polyhouses or 
hoop houses used for propagating, growing, or
overwintering 
plants shall be considered farm machinery and equipment under

this item (11).
Agricultural chemical tender tanks and dry 
boxes shall include units sold
separately from a motor vehicle 
required to be licensed and units sold mounted
on a motor 
vehicle required to be licensed if the selling price of the 
tender
is separately stated.

    Farm machinery and equipment shall include precision 
farming equipment
that is
installed or purchased to be 
installed on farm machinery and equipment
including, but not 
limited to, tractors, harvesters, sprayers, planters,
seeders, 
or spreaders.
Precision farming equipment includes, but is not 
limited to, soil testing
sensors, computers, monitors, 
software, global positioning
and mapping systems, and other 
such equipment.

    Farm machinery and equipment also includes computers, 
sensors, software, and
related equipment used primarily in the

computer-assisted operation of production agriculture 
facilities, equipment,
and
activities such as, but not limited 
to,
the collection, monitoring, and correlation of
animal and 
crop data for the purpose of
formulating animal diets and 
agricultural chemicals.  This item (11) is exempt
from the 
provisions of
Section 3-90.

    (12) Fuel and petroleum products sold to or used by an air 
common
carrier, certified by the carrier to be used for 
consumption, shipment, or
storage in the conduct of its 
business as an air common carrier, for a
flight destined for or 
returning from a location or locations
outside the United 
States without regard to previous or subsequent domestic

stopovers.

    (13) Proceeds of mandatory service charges separately

stated on customers' bills for the purchase and consumption of 
food and
beverages purchased at retail from a retailer, to the 
extent that the proceeds
of the service charge are in fact 
turned over as tips or as a substitute
for tips to the 
employees who participate directly in preparing, serving,

hosting or cleaning up the food or beverage function with 
respect to which
the service charge is imposed.

    (14) Until July 1, 2003, oil field exploration, drilling, 
and production
equipment,
including (i) rigs and parts of rigs, 
rotary
rigs, cable tool rigs, and workover rigs, (ii) pipe and 
tubular goods,
including casing and drill strings, (iii) pumps 
and pump-jack units, (iv)
storage tanks and flow lines, (v) any 
individual replacement part for oil
field exploration, 
drilling, and production equipment, and (vi) machinery and

equipment purchased
for lease; but excluding motor vehicles 
required to be registered under the
Illinois Vehicle Code.

    (15) Photoprocessing machinery and equipment, including 
repair and
replacement parts, both new and used, including that

manufactured on special order, certified by the purchaser to be 
used
primarily for photoprocessing, and including

photoprocessing machinery and equipment purchased for lease.

    (16) Until July 1, 2003, and beginning again on the 
effective date of this amendatory Act of the 97th General 
Assembly and thereafter, coal and aggregate exploration, 
mining, offhighway hauling,
processing, maintenance, and 
reclamation equipment,
including replacement parts and 
equipment, and
including equipment purchased for lease, but 
excluding motor
vehicles required to be registered under the 
Illinois Vehicle Code.

    (17) Until July 1, 2003, distillation machinery and 
equipment, sold as a
unit or kit,
assembled or installed by the 
retailer, certified by the user to be used
only for the 
production of ethyl alcohol that will be used for consumption

as motor fuel or as a component of motor fuel for the personal 
use of the
user, and not subject to sale or resale.

    (18) Manufacturing and assembling machinery and equipment 
used
primarily in the process of manufacturing or assembling 
tangible
personal property for wholesale or retail sale or 
lease, whether that sale
or lease is made directly by the 
manufacturer or by some other person,
whether the materials 
used in the process are
owned by the manufacturer or some other 
person, or whether that sale or
lease is made apart from or as 
an incident to the seller's engaging in
the service occupation 
of producing machines, tools, dies, jigs,
patterns, gauges, or 
other similar items of no commercial value on
special order for 
a particular purchaser.

    (19) Personal property delivered to a purchaser or 
purchaser's donee
inside Illinois when the purchase order for 
that personal property was
received by a florist located 
outside Illinois who has a florist located
inside Illinois 
deliver the personal property.

    (20) Semen used for artificial insemination of livestock 
for direct
agricultural production.

    (21) Horses, or interests in horses, registered with and 
meeting the
requirements of any of the
Arabian Horse Club 
Registry of America, Appaloosa Horse Club, American Quarter

Horse Association, United States
Trotting Association, or 
Jockey Club, as appropriate, used for
purposes of breeding or 
racing for prizes. This item (21) is exempt from the provisions 
of Section 3-90, and the exemption provided for under this item 
(21) applies for all periods beginning May 30, 1995, but no 
claim for credit or refund is allowed on or after January 1, 
2008
 for such taxes paid during the period beginning May 30, 
2000 and ending on January 1, 2008.


    (22) Computers and communications equipment utilized for 
any
hospital
purpose
and equipment used in the diagnosis,

analysis, or treatment of hospital patients purchased by a 
lessor who leases
the
equipment, under a lease of one year or 
longer executed or in effect at the
time the lessor would 
otherwise be subject to the tax imposed by this Act, to a

hospital
 that has been issued an active tax exemption 
identification number by
the
Department under Section 1g of the 
Retailers' Occupation Tax Act.  If the
equipment is leased in a 
manner that does not qualify for
this exemption or is used in 
any other non-exempt manner, the lessor
shall be liable for the

tax imposed under this Act or the Service Use Tax Act, as the 
case may
be, based on the fair market value of the property at 
the time the
non-qualifying use occurs.  No lessor shall collect 
or attempt to collect an
amount (however
designated) that 
purports to reimburse that lessor for the tax imposed by this

Act or the Service Use Tax Act, as the case may be, if the tax 
has not been
paid by the lessor.  If a lessor improperly 
collects any such amount from the
lessee, the lessee shall have 
a legal right to claim a refund of that amount
from the lessor.  
If, however, that amount is not refunded to the lessee for
any 
reason, the lessor is liable to pay that amount to the 
Department.

    (23) Personal property purchased by a lessor who leases the

property, under
a
lease of
 one year or longer executed or in 
effect at the time
the lessor would otherwise be subject to the 
tax imposed by this Act,
to a governmental body
that has been 
issued an active sales tax exemption identification number by 
the
Department under Section 1g of the Retailers' Occupation 
Tax Act.
If the
property is leased in a manner that does not 
qualify for
this exemption
or used in any other non-exempt 
manner, the lessor shall be liable for the
tax imposed under 
this Act or the Service Use Tax Act, as the case may
be, based 
on the fair market value of the property at the time the

non-qualifying use occurs.  No lessor shall collect or attempt 
to collect an
amount (however
designated) that purports to 
reimburse that lessor for the tax imposed by this
Act or the 
Service Use Tax Act, as the case may be, if the tax has not been

paid by the lessor.  If a lessor improperly collects any such 
amount from the
lessee, the lessee shall have a legal right to 
claim a refund of that amount
from the lessor.  If, however, 
that amount is not refunded to the lessee for
any reason, the 
lessor is liable to pay that amount to the Department.

    (24) Beginning with taxable years ending on or after 
December
31, 1995
and
ending with taxable years ending on or 
before December 31, 2004,
personal property that is
donated for 
disaster relief to be used in a State or federally declared

disaster area in Illinois or bordering Illinois by a 
manufacturer or retailer
that is registered in this State to a 
corporation, society, association,
foundation, or institution 
that has been issued a sales tax exemption
identification 
number by the Department that assists victims of the disaster

who reside within the declared disaster area.

    (25) Beginning with taxable years ending on or after 
December
31, 1995 and
ending with taxable years ending on or 
before December 31, 2004, personal
property that is used in the 
performance of infrastructure repairs in this
State, including 
but not limited to municipal roads and streets, access roads,

bridges, sidewalks, waste disposal systems, water and sewer 
line extensions,
water distribution and purification 
facilities, storm water drainage and
retention facilities, and 
sewage treatment facilities, resulting from a State
or 
federally declared disaster in Illinois or bordering Illinois 
when such
repairs are initiated on facilities located in the 
declared disaster area
within 6 months after the disaster.

    (26) Beginning July 1, 1999, game or game birds purchased 
at a "game
breeding
and hunting preserve area" as that term is

used in
the Wildlife Code.  This paragraph is exempt from the 
provisions
of
Section 3-90.

    (27) A motor vehicle, as that term is defined in Section 
1-146
of the
Illinois
Vehicle Code, that is donated to a 
corporation, limited liability company,
society, association, 
foundation, or institution that is determined by the
Department 
to be organized and operated exclusively for educational 
purposes.
For purposes of this exemption, "a corporation, 
limited liability company,
society, association, foundation, 
or institution organized and operated
exclusively for 
educational purposes" means all tax-supported public schools,

private schools that offer systematic instruction in useful 
branches of
learning by methods common to public schools and 
that compare favorably in
their scope and intensity with the 
course of study presented in tax-supported
schools, and 
vocational or technical schools or institutes organized and

operated exclusively to provide a course of study of not less 
than 6 weeks
duration and designed to prepare individuals to 
follow a trade or to pursue a
manual, technical, mechanical, 
industrial, business, or commercial
occupation.

    (28) Beginning January 1, 2000,  personal property, 
including
food,
purchased through fundraising
events for the 
benefit of
a public or private elementary or
secondary school, 
a group of those schools, or one or more school
districts if 
the events are
sponsored by an entity recognized by the school 
district that consists
primarily of volunteers and includes

parents and teachers of the school children.  This paragraph 
does not apply
to fundraising
events (i) for the benefit of 
private home instruction or (ii)
for which the fundraising 
entity purchases the personal property sold at
the events from 
another individual or entity that sold the property for the

purpose of resale by the fundraising entity and that
profits 
from the sale to the
fundraising entity.  This paragraph is 
exempt
from the provisions
of Section 3-90.

    (29) Beginning January 1, 2000 and through December 31, 
2001, new or
used automatic vending
machines that prepare and 
serve hot food and beverages, including coffee, soup,
and
other 
items, and replacement parts for these machines.
Beginning 
January 1,
2002 and through June 30, 2003, machines and parts 
for machines used in
commercial, coin-operated amusement and 
vending business if a use or occupation
tax is paid on the 
gross receipts derived from the use of the commercial,

coin-operated amusement and vending machines.
This
paragraph

is exempt from the provisions of Section 3-90.

    (30) Beginning January 1, 2001 and through June 30, 2016, 
food for human consumption that is to be consumed off the 
premises
where it is sold (other than alcoholic beverages, soft 
drinks, and food that
has been prepared for immediate 
consumption) and prescription and
nonprescription medicines, 
drugs, medical appliances, and insulin, urine
testing 
materials, syringes, and needles used by diabetics, for human 
use, when
purchased for use by a person receiving medical 
assistance under Article V of
the Illinois Public Aid Code who 
resides in a licensed long-term care facility,
as defined in 
the Nursing Home Care Act, or in a licensed facility as defined 
in the ID/DD Community Care Act or the Specialized Mental 
Health Rehabilitation Act of 2013.

    (31) Beginning on
the effective date of this amendatory Act 
of the 92nd General Assembly,
computers and communications 
equipment
utilized for any hospital purpose and equipment used 
in the diagnosis,
analysis, or treatment of hospital patients 
purchased by a lessor who leases
the equipment, under a lease 
of one year or longer executed or in effect at the
time the 
lessor would otherwise be subject to the tax imposed by this 
Act, to a
hospital that has been issued an active tax exemption 
identification number by
the Department under Section 1g of the 
Retailers' Occupation Tax Act.  If the
equipment is leased in a 
manner that does not qualify for this exemption or is
used in 
any other nonexempt manner, the lessor shall be liable for the 
tax
imposed under this Act or the Service Use Tax Act, as the 
case may be, based on
the fair market value of the property at 
the time the nonqualifying use
occurs.  No lessor shall collect 
or attempt to collect an amount (however
designated) that 
purports to reimburse that lessor for the tax imposed by this

Act or the Service Use Tax Act, as the case may be, if the tax 
has not been
paid by the lessor.  If a lessor improperly 
collects any such amount from the
lessee, the lessee shall have 
a legal right to claim a refund of that amount
from the lessor.  
If, however, that amount is not refunded to the lessee for
any 
reason, the lessor is liable to pay that amount to the 
Department.
This paragraph is exempt from the provisions of 
Section 3-90.

    (32) Beginning on
the effective date of this amendatory Act 
of the 92nd General Assembly,
personal property purchased by a 
lessor who leases the property,
under a lease of one year or 
longer executed or in effect at the time the
lessor would 
otherwise be subject to the tax imposed by this Act, to a

governmental body that has been issued an active sales tax 
exemption
identification number by the Department under 
Section 1g of the Retailers'
Occupation Tax Act.  If the 
property is leased in a manner that does not
qualify for this 
exemption or used in any other nonexempt manner, the lessor

shall be liable for the tax imposed under this Act or the 
Service Use Tax Act,
as the case may be, based on the fair 
market value of the property at the time
the nonqualifying use 
occurs.  No lessor shall collect or attempt to collect
an amount 
(however designated) that purports to reimburse that lessor for 
the
tax imposed by this Act or the Service Use Tax Act, as the 
case may be, if the
tax has not been paid by the lessor.  If a 
lessor improperly collects any such
amount from the lessee, the 
lessee shall have a legal right to claim a refund
of that 
amount from the lessor.  If, however, that amount is not 
refunded to
the lessee for any reason, the lessor is liable to 
pay that amount to the
Department.  This paragraph is exempt 
from the provisions of Section 3-90.

    (33) On and after July 1, 2003 and through June 30, 2004, 
the use in this State of motor vehicles of
the second division 
with a gross vehicle weight in excess of 8,000 pounds and
that 
are subject to the commercial distribution fee imposed under 
Section
3-815.1 of the Illinois Vehicle Code. Beginning on July 
1, 2004 and through June 30, 2005, the use in this State of 
motor vehicles of the second division: (i) with a gross vehicle 
weight rating in excess of 8,000 pounds; (ii) that are subject 
to the commercial distribution fee imposed under Section 
3-815.1 of the Illinois Vehicle Code; and (iii) that are 
primarily used for commercial purposes. Through June 30, 2005, 
this exemption applies to repair and
replacement parts added 
after the initial purchase of such a motor vehicle if
that 
motor
vehicle is used in a manner that would qualify for the 
rolling stock exemption
otherwise provided for in this Act. For 
purposes of this paragraph, the term "used for commercial 
purposes" means the transportation of persons or property in 
furtherance of any commercial or industrial enterprise, 
whether for-hire or not.


    (34) Beginning January 1, 2008, tangible personal property 
used in the construction or maintenance of a community water 
supply, as defined under Section 3.145 of the Environmental 
Protection Act, that is operated by a not-for-profit 
corporation that holds a valid water supply permit issued under 
Title IV of the Environmental Protection Act. This paragraph is 
exempt from the provisions of Section 3-90.
    (35) Beginning January 1, 2010, materials, parts, 
equipment, components, and furnishings incorporated into or 
upon an aircraft as part of the modification, refurbishment, 
completion, replacement, repair, or maintenance of the 
aircraft. This exemption includes consumable supplies used in 
the modification, refurbishment, completion, replacement, 
repair, and maintenance of aircraft, but excludes any 
materials, parts, equipment, components, and consumable 
supplies used in the modification, replacement, repair, and 
maintenance of aircraft engines or power plants, whether such 
engines or power plants are installed or uninstalled upon any 
such aircraft. "Consumable supplies" include, but are not 
limited to, adhesive, tape, sandpaper, general purpose 
lubricants, cleaning solution, latex gloves, and protective 
films. This exemption applies only to those organizations that 
(i) hold an Air Agency Certificate and are empowered to operate 
an approved repair station by the Federal Aviation 
Administration, (ii) have a Class IV Rating, and (iii) conduct 
operations in accordance with Part 145 of the Federal Aviation 
Regulations. The exemption does not include aircraft operated 
by a commercial air carrier providing scheduled passenger air 
service pursuant to authority issued under Part 121 or Part 129 
of the Federal Aviation Regulations. 
    (36) Tangible personal property purchased by a 
public-facilities corporation, as described in Section 
11-65-10 of the Illinois Municipal Code, for purposes of 
constructing or furnishing a municipal convention hall, but 
only if the legal title to the municipal convention hall is 
transferred to the municipality without any further 
consideration by or on behalf of the municipality at the time 
of the completion of the municipal convention hall or upon the 
retirement or redemption of any bonds or other debt instruments 
issued by the public-facilities corporation in connection with 
the development of the municipal convention hall.  This 
exemption includes existing public-facilities corporations as 
provided in Section 11-65-25 of the Illinois Municipal Code.  
This paragraph is exempt from the provisions of Section 3-90. 
(Source: P.A. 96-116, eff. 7-31-09; 96-339, eff. 7-1-10; 
96-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff. 
7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-431, eff. 
8-16-11; 97-636, eff. 6-1-12; 97-767, eff. 7-9-12.)

 
    Section 6-145. The Service Use Tax Act is amended  by 
changing Sections 3-5 and 3-10 as follows:
 


    (35 ILCS 110/3-5)


    Sec. 3-5. Exemptions. Use of the following tangible 
personal property
is exempt from the tax imposed by this Act:

    (1) Personal property purchased from a corporation, 
society,
association, foundation, institution, or 
organization, other than a limited
liability company, that is 
organized and operated as a not-for-profit service
enterprise 
for the benefit of persons 65 years of age or older if the 
personal
property was not purchased by the enterprise for the 
purpose of resale by the
enterprise.

    (2) Personal property purchased by a non-profit Illinois 
county fair
association for use in conducting, operating, or 
promoting the county fair.

    (3) Personal property purchased by a not-for-profit arts
or 
cultural
organization that establishes, by proof required by 
the Department by rule,
that it has received an exemption under 
Section 501(c)(3) of the Internal
Revenue Code and that is 
organized and operated primarily for the
presentation
or 
support of arts or cultural programming, activities, or 
services.  These
organizations include, but are not limited to, 
music and dramatic arts
organizations such as symphony 
orchestras and theatrical groups, arts and
cultural service 
organizations, local arts councils, visual arts organizations,

and media arts organizations.
On and after the effective date 
of this amendatory Act of the 92nd General
Assembly, however, 
an entity otherwise eligible for this exemption shall not
make 
tax-free purchases unless it has an active identification 
number issued by
the Department.

    (4) Legal tender, currency, medallions, or gold or silver 
coinage issued
by the State of Illinois, the government of the 
United States of America,
or the government of any foreign 
country, and bullion.

    (5) Until July 1, 2003 and beginning again on September 1, 
2004 through August 30, 2014, graphic arts machinery and 
equipment, including
repair and
replacement parts, both new and 
used, and including that manufactured on
special order or 
purchased for lease, certified by the purchaser to be used

primarily for graphic arts production.
Equipment includes 
chemicals or
chemicals acting as catalysts but only if
the 
chemicals or chemicals acting as catalysts effect a direct and 
immediate
change upon a graphic arts product.

    (6) Personal property purchased from a teacher-sponsored 
student
organization affiliated with an elementary or 
secondary school located
in Illinois.

    (7) Farm machinery and equipment, both new and used, 
including that
manufactured on special order, certified by the 
purchaser to be used
primarily for production agriculture or 
State or federal agricultural
programs, including individual 
replacement parts for the machinery and
equipment, including 
machinery and equipment purchased for lease,
and including 
implements of husbandry defined in Section 1-130 of
the 
Illinois Vehicle Code, farm machinery and agricultural 
chemical and
fertilizer spreaders, and nurse wagons required to 
be registered
under Section 3-809 of the Illinois Vehicle Code,

but
excluding other motor vehicles required to be registered 
under the Illinois
Vehicle Code.
Horticultural polyhouses or 
hoop houses used for propagating, growing, or
overwintering 
plants shall be considered farm machinery and equipment under

this item (7).
Agricultural chemical tender tanks and dry boxes 
shall include units sold
separately from a motor vehicle 
required to be licensed and units sold mounted
on a motor 
vehicle required to be licensed if the selling price of the 
tender
is separately stated.

    Farm machinery and equipment shall include precision 
farming equipment
that is
installed or purchased to be 
installed on farm machinery and equipment
including, but not 
limited to, tractors, harvesters, sprayers, planters,
seeders, 
or spreaders.
Precision farming equipment includes, but is not 
limited to,
soil testing sensors, computers, monitors, 
software, global positioning
and mapping systems, and other 
such equipment.

    Farm machinery and equipment also includes computers, 
sensors, software, and
related equipment used primarily in the

computer-assisted operation of production agriculture 
facilities, equipment,
and activities such as, but
not limited 
to,
the collection, monitoring, and correlation of
animal and 
crop data for the purpose of
formulating animal diets and 
agricultural chemicals.  This item (7) is exempt
from the 
provisions of
Section 3-75.

    (8) Fuel and petroleum products sold to or used by an air 
common
carrier, certified by the carrier to be used for 
consumption, shipment, or
storage in the conduct of its 
business as an air common carrier, for a
flight destined for or 
returning from a location or locations
outside the United 
States without regard to previous or subsequent domestic

stopovers.

    (9) Proceeds of mandatory service charges separately 
stated on
customers' bills for the purchase and consumption of 
food and beverages
acquired as an incident to the purchase of a 
service from a serviceman, to
the extent that the proceeds of 
the service charge are in fact
turned over as tips or as a 
substitute for tips to the employees who
participate directly 
in preparing, serving, hosting or cleaning up the
food or 
beverage function with respect to which the service charge is 
imposed.

    (10) Until July 1, 2003, oil field exploration, drilling, 
and production
equipment, including
(i) rigs and parts of rigs, 
rotary rigs, cable tool
rigs, and workover rigs, (ii) pipe and 
tubular goods, including casing and
drill strings, (iii) pumps 
and pump-jack units, (iv) storage tanks and flow
lines, (v) any 
individual replacement part for oil field exploration,

drilling, and production equipment, and (vi) machinery and 
equipment purchased
for lease; but
excluding motor vehicles 
required to be registered under the Illinois
Vehicle Code.

    (11) Proceeds from the sale of photoprocessing machinery 
and
equipment, including repair and replacement parts, both new 
and
used, including that manufactured on special order, 
certified by the
purchaser to be used primarily for 
photoprocessing, and including
photoprocessing machinery and 
equipment purchased for lease.

    (12) Until July 1, 2003, and beginning again on the 
effective date of this amendatory Act of the 97th General 
Assembly and thereafter, coal and aggregate exploration, 
mining, offhighway hauling,
processing,
maintenance, and 
reclamation equipment, including
replacement parts and 
equipment, and including
equipment purchased for lease, but 
excluding motor vehicles required to be
registered under the 
Illinois Vehicle Code.

    (13) Semen used for artificial insemination of livestock 
for direct
agricultural production.

    (14) Horses, or interests in horses, registered with and 
meeting the
requirements of any of the
Arabian Horse Club 
Registry of America, Appaloosa Horse Club, American Quarter

Horse Association, United States
Trotting Association, or 
Jockey Club, as appropriate, used for
purposes of breeding or 
racing for prizes. This item (14) is exempt from the provisions 
of Section 3-75, and the exemption provided for under this item 
(14) applies for all periods beginning May 30, 1995, but no 
claim for credit or refund is allowed on or after the effective 
date of this amendatory Act of the 95th General Assembly for 
such taxes paid during the period beginning May 30, 2000 and 
ending on the effective date of this amendatory Act of the 95th 
General Assembly.

    (15) Computers and communications equipment utilized for 
any
hospital
purpose
and equipment used in the diagnosis,

analysis, or treatment of hospital patients purchased by a 
lessor who leases
the
equipment, under a lease of one year or 
longer executed or in effect at the
time
the lessor would 
otherwise be subject to the tax imposed by this Act,
to a

hospital
that has been issued an active tax exemption 
identification number by the
Department under Section 1g of the 
Retailers' Occupation Tax Act.
If the
equipment is leased in a 
manner that does not qualify for
this exemption
or is used in 
any other non-exempt manner,
the lessor shall be liable for the

tax imposed under this Act or the Use Tax Act, as the case may

be, based on the fair market value of the property at the time 
the
non-qualifying use occurs.  No lessor shall collect or 
attempt to collect an
amount (however
designated) that purports 
to reimburse that lessor for the tax imposed by this
Act or the 
Use Tax Act, as the case may be, if the tax has not been
paid by 
the lessor.  If a lessor improperly collects any such amount 
from the
lessee, the lessee shall have a legal right to claim a 
refund of that amount
from the lessor.  If, however, that amount 
is not refunded to the lessee for
any reason, the lessor is 
liable to pay that amount to the Department.

    (16) Personal property purchased by a lessor who leases the

property, under
a
lease of one year or longer executed or in 
effect at the time
the lessor would otherwise be subject to the 
tax imposed by this Act,
to a governmental body
that has been 
issued an active tax exemption identification number by the

Department under Section 1g of the Retailers' Occupation Tax 
Act.
 If the
property is leased in a manner that does not 
qualify for
this exemption
or is used in any other non-exempt 
manner,
the lessor shall be liable for the
tax imposed under 
this Act or the Use Tax Act, as the case may
be, based on the 
fair market value of the property at the time the

non-qualifying use occurs.  No lessor shall collect or attempt 
to collect an
amount (however
designated) that purports to 
reimburse that lessor for the tax imposed by this
Act or the 
Use Tax Act, as the case may be, if the tax has not been
paid by 
the lessor.  If a lessor improperly collects any such amount 
from the
lessee, the lessee shall have a legal right to claim a 
refund of that amount
from the lessor.  If, however, that amount 
is not refunded to the lessee for
any reason, the lessor is 
liable to pay that amount to the Department.

    (17) Beginning with taxable years ending on or after 
December
31,
1995
and
ending with taxable years ending on or 
before December 31, 2004,
personal property that is
donated for 
disaster relief to be used in a State or federally declared

disaster area in Illinois or bordering Illinois by a 
manufacturer or retailer
that is registered in this State to a 
corporation, society, association,
foundation, or institution 
that has been issued a sales tax exemption
identification 
number by the Department that assists victims of the disaster

who reside within the declared disaster area.

    (18) Beginning with taxable years ending on or after 
December
31, 1995 and
ending with taxable years ending on or 
before December 31, 2004, personal
property that is used in the 
performance of infrastructure repairs in this
State, including 
but not limited to municipal roads and streets, access roads,

bridges, sidewalks, waste disposal systems, water and sewer 
line extensions,
water distribution and purification 
facilities, storm water drainage and
retention facilities, and 
sewage treatment facilities, resulting from a State
or 
federally declared disaster in Illinois or bordering Illinois 
when such
repairs are initiated on facilities located in the 
declared disaster area
within 6 months after the disaster.

    (19) Beginning July 1, 1999, game or game birds purchased 
at a "game
breeding
and hunting preserve area" as that term is

used in
the Wildlife Code.  This paragraph is exempt from the 
provisions
of
Section 3-75.

    (20) A motor vehicle, as that term is defined in Section 
1-146
of the
Illinois Vehicle Code, that is donated to a 
corporation, limited liability
company, society, association, 
foundation, or institution that is determined by
the Department 
to be organized and operated exclusively for educational

purposes.  For purposes of this exemption, "a corporation, 
limited liability
company, society, association, foundation, 
or institution organized and
operated
exclusively for 
educational purposes" means all tax-supported public schools,

private schools that offer systematic instruction in useful 
branches of
learning by methods common to public schools and 
that compare favorably in
their scope and intensity with the 
course of study presented in tax-supported
schools, and 
vocational or technical schools or institutes organized and

operated exclusively to provide a course of study of not less 
than 6 weeks
duration and designed to prepare individuals to 
follow a trade or to pursue a
manual, technical, mechanical, 
industrial, business, or commercial
occupation.

    (21) Beginning January 1, 2000,  personal property, 
including
food,
purchased through fundraising
events for the 
benefit of
a public or private elementary or
secondary school, 
a group of those schools, or one or more school
districts if 
the events are
sponsored by an entity recognized by the school 
district that consists
primarily of volunteers and includes

parents and teachers of the school children.  This paragraph 
does not apply
to fundraising
events (i) for the benefit of 
private home instruction or (ii)
for which the fundraising 
entity purchases the personal property sold at
the events from 
another individual or entity that sold the property for the

purpose of resale by the fundraising entity and that
profits 
from the sale to the
fundraising entity.  This paragraph is 
exempt
from the provisions
of Section 3-75.

    (22) Beginning January 1, 2000
and through December 31, 
2001, new or used automatic vending
machines that prepare and 
serve hot food and beverages, including coffee, soup,
and
other 
items, and replacement parts for these machines.
Beginning 
January 1,
2002 and through June 30, 2003, machines and parts 
for machines used in
commercial, coin-operated
amusement
and 
vending business if a use or occupation tax is paid on the 
gross receipts
derived from
the use of the commercial, 
coin-operated amusement and vending machines.
This
paragraph

is exempt from the provisions of Section 3-75.

    (23) Beginning August 23, 2001 and through June 30, 2016, 
food for human consumption that is to be consumed off the

premises
where it is sold (other than alcoholic beverages, soft 
drinks, and food that
has been prepared for immediate 
consumption) and prescription and
nonprescription medicines, 
drugs, medical appliances, and insulin, urine
testing 
materials, syringes, and needles used by diabetics, for human 
use, when
purchased for use by a person receiving medical 
assistance under Article V of
the Illinois Public Aid Code who 
resides in a licensed long-term care facility,
as defined in 
the Nursing Home Care Act, or in a licensed facility as defined 
in the ID/DD Community Care Act or the Specialized Mental 
Health Rehabilitation Act of 2013.

    (24) Beginning on the effective date of this amendatory Act 
of the 92nd
General Assembly, computers and communications 
equipment
utilized for any hospital purpose and equipment used 
in the diagnosis,
analysis, or treatment of hospital patients 
purchased by a lessor who leases
the equipment, under a lease 
of one year or longer executed or in effect at the
time the 
lessor would otherwise be subject to the tax imposed by this 
Act, to a
hospital that has been issued an active tax exemption 
identification number by
the Department under Section 1g of the 
Retailers' Occupation Tax Act.  If the
equipment is leased in a 
manner that does not qualify for this exemption or is
used in 
any other nonexempt manner, the lessor shall be liable for the

tax imposed under this Act or the Use Tax Act, as the case may 
be, based on the
fair market value of the property at the time 
the nonqualifying use occurs.
No lessor shall collect or 
attempt to collect an amount (however
designated) that purports 
to reimburse that lessor for the tax imposed by this
Act or the 
Use Tax Act, as the case may be, if the tax has not been
paid by 
the lessor.  If a lessor improperly collects any such amount 
from the
lessee, the lessee shall have a legal right to claim a 
refund of that amount
from the lessor.  If, however, that amount 
is not refunded to the lessee for
any reason, the lessor is 
liable to pay that amount to the Department.
This paragraph is 
exempt from the provisions of Section 3-75.

    (25) Beginning
on the effective date of this amendatory Act 
of the 92nd General Assembly,
personal property purchased by a 
lessor
who leases the property, under a lease of one year or 
longer executed or in
effect at the time the lessor would 
otherwise be subject to the tax imposed by
this Act, to a 
governmental body that has been issued an active tax exemption

identification number by the Department under Section 1g of the 
Retailers'
Occupation Tax Act.  If the property is leased in a 
manner that does not
qualify for this exemption or is used in 
any other nonexempt manner, the
lessor shall be liable for the 
tax imposed under this Act or the Use Tax Act,
as the case may 
be, based on the fair market value of the property at the time

the nonqualifying use occurs.  No lessor shall collect or 
attempt to collect
an amount (however designated) that purports 
to reimburse that lessor for the
tax imposed by this Act or the 
Use Tax Act, as the case may be, if the tax has
not been paid by 
the lessor.  If a lessor improperly collects any such amount

from the lessee, the lessee shall have a legal right to claim a 
refund of that
amount from the lessor.  If, however, that amount 
is not refunded to the lessee
for any reason, the lessor is 
liable to pay that amount to the Department.
This paragraph is 
exempt from the provisions of Section 3-75.

    (26) Beginning January 1, 2008, tangible personal property 
used in the construction or maintenance of a community water 
supply, as defined under Section 3.145 of the Environmental 
Protection Act, that is operated by a not-for-profit 
corporation that holds a valid water supply permit issued under 
Title IV of the Environmental Protection Act. This paragraph is 
exempt from the provisions of Section 3-75.

    (27) Beginning January 1, 2010, materials, parts, 
equipment, components, and furnishings incorporated into or 
upon an aircraft as part of the modification, refurbishment, 
completion, replacement, repair, or maintenance of the 
aircraft. This exemption includes consumable supplies used in 
the modification, refurbishment, completion, replacement, 
repair, and maintenance of aircraft, but excludes any 
materials, parts, equipment, components, and consumable 
supplies used in the modification, replacement, repair, and 
maintenance of aircraft engines or power plants, whether such 
engines or power plants are installed or uninstalled upon any 
such aircraft. "Consumable supplies" include, but are not 
limited to, adhesive, tape, sandpaper, general purpose 
lubricants, cleaning solution, latex gloves, and protective 
films. This exemption applies only to those organizations that 
(i) hold an Air Agency Certificate and are empowered to operate 
an approved repair station by the Federal Aviation 
Administration, (ii) have a Class IV Rating, and (iii) conduct 
operations in accordance with Part 145 of the Federal Aviation 
Regulations. The exemption does not include aircraft operated 
by a commercial air carrier providing scheduled passenger air 
service pursuant to authority issued under Part 121 or Part 129 
of the Federal Aviation Regulations. 
    (28) Tangible personal property purchased by a 
public-facilities corporation, as described in Section 
11-65-10 of the Illinois Municipal Code, for purposes of 
constructing or furnishing a municipal convention hall, but 
only if the legal title to the municipal convention hall is 
transferred to the municipality without any further 
consideration by or on behalf of the municipality at the time 
of the completion of the municipal convention hall or upon the 
retirement or redemption of any bonds or other debt instruments 
issued by the public-facilities corporation in connection with 
the development of the municipal convention hall.  This 
exemption includes existing public-facilities corporations as 
provided in Section 11-65-25 of the Illinois Municipal Code.  
This paragraph is exempt from the provisions of Section 3-75. 
(Source: P.A. 96-116, eff. 7-31-09; 96-339, eff. 7-1-10; 
96-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff. 
7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-431, eff. 
8-16-11; 97-636, eff. 6-1-12; 97-767, eff. 7-9-12.)

 


    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)


    Sec. 3-10. Rate of tax. Unless otherwise provided in this 
Section,
the tax imposed by this Act is at the rate of 6.25% of 
the selling
price of tangible personal property transferred as 
an incident to the sale
of service, but, for the purpose of 
computing this tax, in no event shall
the selling price be less 
than the cost price of the property to the
serviceman.

    Beginning on July 1, 2000 and through December 31, 2000, 
with respect to
motor fuel, as defined in Section 1.1 of the 
Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of 
the Use Tax Act, the tax is
imposed at
the rate of 1.25%.

    With respect to gasohol, as defined in the Use Tax Act, the 
tax imposed
by this Act applies to (i) 70% of the selling price 
of property transferred
as an incident to the sale of service 
on or after January 1, 1990,
and before July 1, 2003, (ii) 80% 
of the selling price of
property transferred as an incident to 
the sale of service on or after July
1, 2003 and on or before 
December 31, 2018, and (iii)
100% of the selling price 
thereafter.
If, at any time, however, the tax under this Act on 
sales of gasohol, as
defined in
the Use Tax Act, is imposed at 
the rate of 1.25%, then the
tax imposed by this Act applies to 
100% of the proceeds of sales of gasohol
made during that time.

    With respect to majority blended ethanol fuel, as defined 
in the Use Tax Act,
the
tax
imposed by this Act does not apply 
to the selling price of property transferred
as an incident to 
the sale of service on or after July 1, 2003 and on or before

December 31, 2018 but applies to 100% of the selling price 
thereafter.

    With respect to biodiesel blends, as defined in the Use Tax 
Act, with no less
than 1% and no
more than 10% biodiesel, the 
tax imposed by this Act
applies to (i) 80% of the selling price 
of property transferred as an incident
to the sale of service 
on or after July 1, 2003 and on or before December 31, 2018
 and 
(ii) 100% of the proceeds of the selling price
thereafter.
If, 
at any time, however, the tax under this Act on sales of 
biodiesel blends,
as
defined in the Use Tax Act, with no less 
than 1% and no more than 10% biodiesel
is imposed at the rate 
of 1.25%, then the
tax imposed by this Act applies to 100% of 
the proceeds of sales of biodiesel
blends with no less than 1% 
and no more than 10% biodiesel
made
during that time.

    With respect to 100% biodiesel, as defined in the Use Tax 
Act, and biodiesel
blends, as defined in the Use Tax Act, with

more than 10% but no more than 99% biodiesel, the tax imposed 
by this Act
does not apply to the proceeds of the selling price 
of property transferred
as an incident to the sale of service 
on or after July 1, 2003 and on or before
December 31, 2018 but 
applies to 100% of the selling price thereafter.

    At the election of any registered serviceman made for each 
fiscal year,
sales of service in which the aggregate annual 
cost price of tangible
personal property transferred as an 
incident to the sales of service is
less than 35%, or 75% in 
the case of servicemen transferring prescription
drugs or 
servicemen engaged in graphic arts production, of the aggregate

annual total gross receipts from all sales of service, the tax 
imposed by
this Act shall be based on the serviceman's cost 
price of the tangible
personal property transferred as an 
incident to the sale of those services.

    The tax shall be imposed at the rate of 1% on food prepared 
for
immediate consumption and transferred incident to a sale of 
service subject
to this Act or the Service Occupation Tax Act 
by an entity licensed under
the Hospital Licensing Act, the 
Nursing Home Care Act, the ID/DD Community Care Act, the 
Specialized Mental Health Rehabilitation Act of 2013, or the

Child Care
Act of 1969.  The tax shall
also be imposed at the 
rate of 1% on food for human consumption that is to be
consumed 
off the premises where it is sold (other than alcoholic 
beverages,
soft drinks, and food that has been prepared for 
immediate consumption and is
not otherwise included in this 
paragraph) and prescription and nonprescription
medicines, 
drugs, medical appliances, modifications to a motor vehicle for 
the
purpose of rendering it usable by a disabled person, and 
insulin, urine testing
materials,
syringes, and needles used by 
diabetics, for
human use. For the purposes of this Section, 
until September 1, 2009: the term "soft drinks" means any

complete, finished, ready-to-use, non-alcoholic drink, whether 
carbonated or
not, including but not limited to soda water, 
cola, fruit juice, vegetable
juice, carbonated water, and all 
other preparations commonly known as soft
drinks of whatever 
kind or description that are contained in any closed or
sealed 
bottle, can, carton, or container, regardless of size; but 
"soft drinks"
does not include coffee, tea, non-carbonated 
water, infant formula, milk or
milk products as defined in the 
Grade A Pasteurized Milk and Milk Products Act,
or drinks 
containing 50% or more natural fruit or vegetable juice.

    Notwithstanding any other provisions of this
Act, 
beginning September 1, 2009, "soft drinks" means non-alcoholic 
beverages that contain natural or artificial sweeteners.  "Soft 
drinks" do not include beverages that contain milk or milk 
products, soy, rice or similar milk substitutes, or greater 
than 50% of vegetable or fruit juice by volume.
    Until August 1, 2009, and notwithstanding any other 
provisions of this Act, "food for human
consumption that is to 
be consumed off the premises where it is sold" includes
all 
food sold through a vending machine, except soft drinks and 
food products
that are dispensed hot from a vending machine, 
regardless of the location of
the vending machine. Beginning 
August 1, 2009, and notwithstanding any other provisions of 
this Act, "food for human consumption that is to be consumed 
off the premises where it is sold" includes all food sold 
through a vending machine, except soft drinks, candy, and food 
products that are dispensed hot from a vending machine, 
regardless of the location of the vending machine. 

    Notwithstanding any other provisions of this
Act, 
beginning September 1, 2009, "food for human consumption that 
is to be consumed off the premises where
it is sold" does not 
include candy.  For purposes of this Section, "candy" means a 
preparation of sugar, honey, or other natural or artificial 
sweeteners in combination with chocolate, fruits, nuts or other 
ingredients or flavorings in the form of bars, drops, or 
pieces.  "Candy" does not include any preparation that contains 
flour or requires refrigeration. 
    Notwithstanding any other provisions of this
Act, 
beginning September 1, 2009, "nonprescription medicines and 
drugs"  does not include grooming and hygiene products.  For 
purposes of this Section, "grooming and hygiene products" 
includes, but is not limited to, soaps and cleaning solutions, 
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan 
lotions and screens, unless those products are available by 
prescription only, regardless of whether the products meet the 
definition of "over-the-counter-drugs".  For the purposes of 
this paragraph, "over-the-counter-drug" means a drug for human 
use that contains a label that identifies the product as a drug 
as required by 21 C.F.R. § 201.66.  The "over-the-counter-drug" 
label includes: 
        (A) A "Drug Facts" panel; or
        (B) A statement of the "active ingredient(s)" with a 
    list of those ingredients contained in the compound, 
    substance or preparation.
    If the property that is acquired from a serviceman is 
acquired outside
Illinois and used outside Illinois before 
being brought to Illinois for use
here and is taxable under 
this Act, the "selling price" on which the tax
is computed 
shall be reduced by an amount that represents a reasonable

allowance for depreciation for the period of prior out-of-state 
use.

(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, 
eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; 97-38, 
eff. 6-28-11; 97-227, eff. 1-1-12; 97-636, eff. 6-1-12.)
 
    Section 6-150. The Service Occupation Tax Act is amended  by 
changing Sections 3-5 and 3-10 as follows:
 


    (35 ILCS 115/3-5)


    Sec. 3-5. Exemptions. The following tangible personal 
property is
exempt from the tax imposed by this Act:

    (1) Personal property sold by a corporation, society, 
association,
foundation, institution, or organization, other 
than a limited liability
company, that is organized and 
operated as a not-for-profit service enterprise
for the benefit 
of persons 65 years of age or older if the personal property

was not purchased by the enterprise for the purpose of resale 
by the
enterprise.

    (2) Personal property purchased by a not-for-profit 
Illinois county fair
association for use in conducting, 
operating, or promoting the county fair.

    (3) Personal property purchased by any not-for-profit
arts 
or cultural organization that establishes, by proof required by 
the
Department by
rule, that it has received an exemption  under 
Section 501(c)(3) of the
Internal Revenue Code and that is 
organized and operated primarily for the
presentation
or 
support of arts or cultural programming, activities, or 
services.  These
organizations include, but are not limited to, 
music and dramatic arts
organizations such as symphony 
orchestras and theatrical groups, arts and
cultural service 
organizations, local arts councils, visual arts organizations,

and media arts organizations.
On and after the effective date 
of this amendatory Act of the 92nd General
Assembly, however, 
an entity otherwise eligible for this exemption shall not
make 
tax-free purchases unless it has an active identification 
number issued by
the Department.

    (4) Legal tender, currency, medallions, or gold or silver 
coinage
issued by the State of Illinois, the government of the 
United States of
America, or the government of any foreign 
country, and bullion.

    (5) Until July 1, 2003 and beginning again on September 1, 
2004 through August 30, 2014, graphic arts machinery and 
equipment, including
repair and
replacement parts, both new and 
used, and including that manufactured on
special order or 
purchased for lease, certified by the purchaser to be used

primarily for graphic arts production.
Equipment includes 
chemicals or chemicals acting as catalysts but only if
the

chemicals or chemicals acting as catalysts effect a direct and 
immediate change
upon a graphic arts product.

    (6) Personal property sold by a teacher-sponsored student 
organization
affiliated with an elementary or secondary school 
located in Illinois.

    (7) Farm machinery and equipment, both new and used, 
including that
manufactured on special order, certified by the 
purchaser to be used
primarily for production agriculture or 
State or federal agricultural
programs, including individual 
replacement parts for the machinery and
equipment, including 
machinery and equipment purchased for lease,
and including 
implements of husbandry defined in Section 1-130 of
the 
Illinois Vehicle Code, farm machinery and agricultural 
chemical and
fertilizer spreaders, and nurse wagons required to 
be registered
under Section 3-809 of the Illinois Vehicle Code,

but
excluding other motor vehicles required to be registered 
under the Illinois
Vehicle
Code.
Horticultural polyhouses or 
hoop houses used for propagating, growing, or
overwintering 
plants shall be considered farm machinery and equipment under

this item (7).
Agricultural chemical tender tanks and dry boxes 
shall include units sold
separately from a motor vehicle 
required to be licensed and units sold mounted
on a motor 
vehicle required to be licensed if the selling price of the 
tender
is separately stated.

    Farm machinery and equipment shall include precision 
farming equipment
that is
installed or purchased to be 
installed on farm machinery and equipment
including, but not 
limited to, tractors, harvesters, sprayers, planters,
seeders, 
or spreaders.
Precision farming equipment includes, but is not 
limited to,
soil testing sensors, computers, monitors, 
software, global positioning
and mapping systems, and other 
such equipment.

    Farm machinery and equipment also includes computers, 
sensors, software, and
related equipment used primarily in the

computer-assisted operation of production agriculture 
facilities, equipment,
and activities such as, but
not limited 
to,
the collection, monitoring, and correlation of
animal and 
crop data for the purpose of
formulating animal diets and 
agricultural chemicals.  This item (7) is exempt
from the 
provisions of
Section 3-55.

    (8) Fuel and petroleum products sold to or used by an air 
common
carrier, certified by the carrier to be used for 
consumption, shipment,
or storage in the conduct of its 
business as an air common carrier, for
a flight destined for or 
returning from a location or locations
outside the United 
States without regard to previous or subsequent domestic

stopovers.

    (9) Proceeds of mandatory service charges separately

stated on customers' bills for the purchase and consumption of 
food and
beverages, to the extent that the proceeds of the 
service charge are in fact
turned over as tips or as a 
substitute for tips to the employees who
participate directly 
in preparing, serving, hosting or cleaning up the
food or 
beverage function with respect to which the service charge is 
imposed.

    (10) Until July 1, 2003, oil field exploration, drilling, 
and production
equipment,
including (i) rigs and parts of rigs, 
rotary rigs, cable tool
rigs, and workover rigs, (ii) pipe and 
tubular goods, including casing and
drill strings, (iii) pumps 
and pump-jack units, (iv) storage tanks and flow
lines, (v) any 
individual replacement part for oil field exploration,

drilling, and production equipment, and (vi) machinery and 
equipment purchased
for lease; but
excluding motor vehicles 
required to be registered under the Illinois
Vehicle Code.

    (11) Photoprocessing machinery and equipment, including 
repair and
replacement parts, both new and used, including that 
manufactured on
special order, certified by the purchaser to be 
used primarily for
photoprocessing, and including 
photoprocessing machinery and equipment
purchased for lease.

    (12) Until July 1, 2003, and beginning again on the 
effective date of this amendatory Act of the 97th General 
Assembly and thereafter, coal and aggregate exploration, 
mining, offhighway hauling,
processing,
maintenance, and 
reclamation equipment, including
replacement parts and 
equipment, and including
equipment
purchased for lease, but 
excluding motor vehicles required to be registered
under the 
Illinois Vehicle Code.

    (13) Beginning January 1, 1992 and through June 30, 2016, 
food for human consumption that is to be consumed off the 
premises
where it is sold (other than alcoholic beverages, soft 
drinks and food that
has been prepared for immediate 
consumption) and prescription and
non-prescription medicines, 
drugs, medical appliances, and insulin, urine
testing 
materials, syringes, and needles used by diabetics, for human 
use,
when purchased for use by a person receiving medical 
assistance under
Article V of the Illinois Public Aid Code who 
resides in a licensed
long-term care facility, as defined in 
the Nursing Home Care Act, or in a licensed facility as defined 
in the ID/DD Community Care Act or the Specialized Mental 
Health Rehabilitation Act of 2013.

    (14) Semen used for artificial insemination of livestock 
for direct
agricultural production.

    (15) Horses, or interests in horses, registered with and 
meeting the
requirements of any of the
Arabian Horse Club 
Registry of America, Appaloosa Horse Club, American Quarter

Horse Association, United States
Trotting Association, or 
Jockey Club, as appropriate, used for
purposes of breeding or 
racing for prizes. This item (15) is exempt from the provisions 
of Section 3-55, and the exemption provided for under this item 
(15) applies for all periods beginning May 30, 1995, but no 
claim for credit or refund is allowed on or after January 1, 
2008 (the effective date of Public Act 95-88)
 for such taxes 
paid during the period beginning May 30, 2000 and ending on 
January 1, 2008 (the effective date of Public Act 95-88).

    (16) Computers and communications equipment utilized for 
any
hospital
purpose
and equipment used in the diagnosis,

analysis, or treatment of hospital patients sold to a lessor 
who leases the
equipment, under a lease of one year or longer 
executed or in effect at the
time of the purchase, to a

hospital
that has been issued an active tax exemption 
identification number by the
Department under Section 1g of the 
Retailers' Occupation Tax Act.

    (17) Personal property sold to a lessor who leases the

property, under a
lease of one year or longer executed or in 
effect at the time of the purchase,
to a governmental body
that 
has been issued an active tax exemption identification number 
by the
Department under Section 1g of the Retailers' Occupation 
Tax Act.

    (18) Beginning with taxable years ending on or after 
December
31, 1995
and
ending with taxable years ending on or 
before December 31, 2004,
personal property that is
donated for 
disaster relief to be used in a State or federally declared

disaster area in Illinois or bordering Illinois by a 
manufacturer or retailer
that is registered in this State to a 
corporation, society, association,
foundation, or institution 
that has been issued a sales tax exemption
identification 
number by the Department that assists victims of the disaster

who reside within the declared disaster area.

    (19) Beginning with taxable years ending on or after 
December
31, 1995 and
ending with taxable years ending on or 
before December 31, 2004, personal
property that is used in the 
performance of infrastructure repairs in this
State, including 
but not limited to municipal roads and streets, access roads,

bridges, sidewalks, waste disposal systems, water and sewer 
line extensions,
water distribution and purification 
facilities, storm water drainage and
retention facilities, and 
sewage treatment facilities, resulting from a State
or 
federally declared disaster in Illinois or bordering Illinois 
when such
repairs are initiated on facilities located in the 
declared disaster area
within 6 months after the disaster.

    (20) Beginning July 1, 1999, game or game birds sold at a 
"game breeding
and
hunting preserve area" as that term is used

in the
Wildlife Code.  This paragraph is exempt from the 
provisions
of
Section 3-55.

    (21) A motor vehicle, as that term is defined in Section 
1-146
of the
Illinois Vehicle Code, that is donated to a 
corporation, limited liability
company, society, association, 
foundation, or institution that is determined by
the Department 
to be organized and operated exclusively for educational

purposes.  For purposes of this exemption, "a corporation, 
limited liability
company, society, association, foundation, 
or institution organized and
operated
exclusively for 
educational purposes" means all tax-supported public schools,

private schools that offer systematic instruction in useful 
branches of
learning by methods common to public schools and 
that compare favorably in
their scope and intensity with the 
course of study presented in tax-supported
schools, and 
vocational or technical schools or institutes organized and

operated exclusively to provide a course of study of not less 
than 6 weeks
duration and designed to prepare individuals to 
follow a trade or to pursue a
manual, technical, mechanical, 
industrial, business, or commercial
occupation.

    (22) Beginning January 1, 2000,  personal property, 
including
food,
purchased through fundraising
events for the 
benefit of
a public or private elementary or
secondary school, 
a group of those schools, or one or more school
districts if 
the events are
sponsored by an entity recognized by the school 
district that consists
primarily of volunteers and includes

parents and teachers of the school children.  This paragraph 
does not apply
to fundraising
events (i) for the benefit of 
private home instruction or (ii)
for which the fundraising 
entity purchases the personal property sold at
the events from 
another individual or entity that sold the property for the

purpose of resale by the fundraising entity and that
profits 
from the sale to the
fundraising entity.  This paragraph is 
exempt
from the provisions
of Section 3-55.

    (23) Beginning January 1, 2000
and through December 31, 
2001, new or used automatic vending
machines that prepare and 
serve hot food and beverages, including coffee, soup,
and
other 
items, and replacement parts for these machines.
Beginning 
January 1,
2002 and through June 30, 2003, machines and parts 
for
machines used in commercial, coin-operated amusement
and 
vending business if a use or occupation tax is paid on the 
gross receipts
derived from
the use of the commercial, 
coin-operated amusement and vending machines.
 This paragraph 
is exempt from the provisions of Section 3-55.

    (24) Beginning
on the effective date of this amendatory Act 
of the 92nd General Assembly,
computers and communications 
equipment
utilized for any hospital purpose and equipment used 
in the diagnosis,
analysis, or treatment of hospital patients 
sold to a lessor who leases the
equipment, under a lease of one 
year or longer executed or in effect at the
time of the 
purchase, to a hospital that has been issued an active tax

exemption identification number by the Department under 
Section 1g of the
Retailers' Occupation Tax Act.  This paragraph 
is exempt from the provisions of
Section 3-55.

    (25) Beginning
on the effective date of this amendatory Act 
of the 92nd General Assembly,
personal property sold to a 
lessor who
leases the property, under a lease of one year or 
longer executed or in effect
at the time of the purchase, to a 
governmental body that has been issued an
active tax exemption 
identification number by the Department under Section 1g
of the 
Retailers' Occupation Tax Act.  This paragraph is exempt from 
the
provisions of Section 3-55.

    (26) Beginning on January 1, 2002 and through June 30, 
2016, tangible personal property
purchased
from an Illinois 
retailer by a taxpayer engaged in centralized purchasing

activities in Illinois who will, upon receipt of the property 
in Illinois,
temporarily store the property in Illinois (i) for 
the purpose of subsequently
transporting it outside this State 
for use or consumption thereafter solely
outside this State or 
(ii) for the purpose of being processed, fabricated, or

manufactured into, attached to, or incorporated into other 
tangible personal
property to be transported outside this State 
and thereafter used or consumed
solely outside this State.  The 
Director of Revenue shall, pursuant to rules
adopted in 
accordance with the Illinois Administrative Procedure Act, 
issue a
permit to any taxpayer in good standing with the 
Department who is eligible for
the exemption under this 
paragraph (26).  The permit issued under
this paragraph (26) 
shall authorize the holder, to the extent and
in the manner 
specified in the rules adopted under this Act, to purchase

tangible personal property from a retailer exempt from the 
taxes imposed by
this Act.  Taxpayers shall maintain all 
necessary books and records to
substantiate the use and 
consumption of all such tangible personal property
outside of 
the State of Illinois.

    (27) Beginning January 1, 2008, tangible personal property 
used in the construction or maintenance of a community water 
supply, as defined under Section 3.145 of the Environmental 
Protection Act, that is operated by a not-for-profit 
corporation that holds a valid water supply permit issued under 
Title IV of the Environmental Protection Act. This paragraph is 
exempt from the provisions of Section 3-55.

    (28) Tangible personal property sold to a 
public-facilities corporation, as described in Section 
11-65-10 of the Illinois Municipal Code, for purposes of 
constructing or furnishing a municipal convention hall, but 
only if the legal title to the municipal convention hall is 
transferred to the municipality without any further 
consideration by or on behalf of the municipality at the time 
of the completion of the municipal convention hall or upon the 
retirement or redemption of any bonds or other debt instruments 
issued by the public-facilities corporation in connection with 
the development of the municipal convention hall.  This 
exemption includes existing public-facilities corporations as 
provided in Section 11-65-25 of the Illinois Municipal Code.  
This paragraph is exempt from the provisions of Section 3-55. 
    (29) Beginning January 1, 2010, materials, parts, 
equipment, components, and furnishings incorporated into or 
upon an aircraft as part of the modification, refurbishment, 
completion, replacement, repair, or maintenance of the 
aircraft. This exemption includes consumable supplies used in 
the modification, refurbishment, completion, replacement, 
repair, and maintenance of aircraft, but excludes any 
materials, parts, equipment, components, and consumable 
supplies used in the modification, replacement, repair, and 
maintenance of aircraft engines or power plants, whether such 
engines or power plants are installed or uninstalled upon any 
such aircraft. "Consumable supplies" include, but are not 
limited to, adhesive, tape, sandpaper, general purpose 
lubricants, cleaning solution, latex gloves, and protective 
films. This exemption applies only to those organizations that 
(i) hold an Air Agency Certificate and are empowered to operate 
an approved repair station by the Federal Aviation 
Administration, (ii) have a Class IV Rating, and (iii) conduct 
operations in accordance with Part 145 of the Federal Aviation 
Regulations. The exemption does not include aircraft operated 
by a commercial air carrier providing scheduled passenger air 
service pursuant to authority issued under Part 121 or Part 129 
of the Federal Aviation Regulations. 
(Source: P.A. 96-116, eff. 7-31-09; 96-339, eff. 7-1-10; 
96-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff. 
7-2-10; 97-38, eff. 6-28-11; 97-73, eff. 6-30-11; 97-227, eff. 
1-1-12; 97-431, eff. 8-16-11; 97-636, eff. 6-1-12; 97-767, eff. 
7-9-12.)

 


    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)


    Sec. 3-10. Rate of tax. Unless otherwise provided in this 
Section,
the tax imposed by this Act is at the rate of 6.25% of 
the "selling price",
as defined in Section 2 of the Service Use 
Tax Act, of the tangible
personal property.  For the purpose of 
computing this tax, in no event
shall the "selling price" be 
less than the cost price to the serviceman of
the tangible 
personal property transferred.  The selling price of each item

of tangible personal property transferred as an incident of a 
sale of
service may be shown as a distinct and separate item on 
the serviceman's
billing to the service customer. If the 
selling price is not so shown, the
selling price of the 
tangible personal property is deemed to be 50% of the

serviceman's entire billing to the service customer.  When, 
however, a
serviceman contracts to design, develop, and produce 
special order machinery or
equipment, the tax imposed by this 
Act shall be based on the serviceman's
cost price of the 
tangible personal property transferred incident to the

completion of the contract.

    Beginning on July 1, 2000 and through December 31, 2000, 
with respect to
motor fuel, as defined in Section 1.1 of the 
Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of 
the Use Tax Act, the tax is
imposed at
the rate of 1.25%.

    With respect to gasohol, as defined in the Use Tax Act, the 
tax imposed
by this Act shall apply to (i) 70% of the cost 
price of property
transferred as
an incident to the sale of 
service on or after January 1, 1990, and before
July 1, 2003, 
(ii) 80% of the selling price of property transferred as an

incident to the sale of service on or after July
1, 2003 and on 
or before December 31, 2018, and (iii) 100%
of
the cost price

thereafter.
If, at any time, however, the tax under this Act on 
sales of gasohol, as
defined in
the Use Tax Act, is imposed at 
the rate of 1.25%, then the
tax imposed by this Act applies to 
100% of the proceeds of sales of gasohol
made during that time.

    With respect to majority blended ethanol fuel, as defined 
in the Use Tax Act,
the
tax
imposed by this Act does not apply 
to the selling price of property transferred
as an incident to 
the sale of service on or after July 1, 2003 and on or before

December 31, 2018 but applies to 100% of the selling price 
thereafter.

    With respect to biodiesel blends, as defined in the Use Tax 
Act, with no less
than 1% and no
more than 10% biodiesel, the 
tax imposed by this Act
applies to (i) 80% of the selling price 
of property transferred as an incident
to the sale of service 
on or after July 1, 2003 and on or before December 31, 2018
 and 
(ii) 100% of the proceeds of the selling price
thereafter.
If, 
at any time, however, the tax under this Act on sales of 
biodiesel blends,
as
defined in the Use Tax Act, with no less 
than 1% and no more than 10% biodiesel
is imposed at the rate 
of 1.25%, then the
tax imposed by this Act applies to 100% of 
the proceeds of sales of biodiesel
blends with no less than 1% 
and no more than 10% biodiesel
made
during that time.

    With respect to 100% biodiesel, as defined in the Use Tax 
Act, and biodiesel
blends, as defined in the Use Tax Act, with

more than 10% but no more than 99% biodiesel material, the tax 
imposed by this
Act
does not apply to the proceeds of the 
selling price of property transferred
as an incident to the 
sale of service on or after July 1, 2003 and on or before

December 31, 2018 but applies to 100% of the selling price 
thereafter.

    At the election of any registered serviceman made for each 
fiscal year,
sales of service in which the aggregate annual 
cost price of tangible
personal property transferred as an 
incident to the sales of service is
less than 35%, or 75% in 
the case of servicemen transferring prescription
drugs or 
servicemen engaged in graphic arts production, of the aggregate

annual total gross receipts from all sales of service, the tax 
imposed by
this Act shall be based on the serviceman's cost 
price of the tangible
personal property transferred incident to 
the sale of those services.

    The tax shall be imposed at the rate of 1% on food prepared 
for
immediate consumption and transferred incident to a sale of 
service subject
to this Act or the Service Occupation Tax Act 
by an entity licensed under
the Hospital Licensing Act, the 
Nursing Home Care Act, the ID/DD Community Care Act, the 
Specialized Mental Health Rehabilitation Act of 2013, or the

Child Care Act of 1969.  The tax shall
also be imposed at the 
rate of 1% on food for human consumption that is
to be consumed 
off the
premises where it is sold (other than alcoholic 
beverages, soft drinks, and
food that has been prepared for 
immediate consumption and is not
otherwise included in this 
paragraph) and prescription and
nonprescription medicines, 
drugs, medical appliances, modifications to a motor
vehicle for 
the purpose of rendering it usable by a disabled person, and

insulin, urine testing materials, syringes, and needles used by 
diabetics, for
human use.  For the purposes of this Section, 
until September 1, 2009: the term "soft drinks" means any

complete, finished, ready-to-use, non-alcoholic drink, whether 
carbonated or
not, including but not limited to soda water, 
cola, fruit juice, vegetable
juice, carbonated water, and all 
other preparations commonly known as soft
drinks of whatever 
kind or description that are contained in any closed or
sealed 
can, carton, or container, regardless of size; but "soft 
drinks" does not
include coffee, tea, non-carbonated water, 
infant formula, milk or milk
products as defined in the Grade A 
Pasteurized Milk and Milk Products Act, or
drinks containing 
50% or more natural fruit or vegetable juice.

    Notwithstanding any other provisions of this
Act, 
beginning September 1, 2009, "soft drinks" means non-alcoholic 
beverages that contain natural or artificial sweeteners.  "Soft 
drinks" do not include beverages that contain milk or milk 
products, soy, rice or similar milk substitutes, or greater 
than 50% of vegetable or fruit juice by volume.
    Until August 1, 2009, and notwithstanding any other 
provisions of this Act, "food for human consumption
that is to 
be consumed off the premises where it is sold" includes all 
food
sold through a vending machine, except soft drinks and 
food products that are
dispensed hot from a vending machine, 
regardless of the location of the vending
machine. Beginning 
August 1, 2009, and notwithstanding any other provisions of 
this Act, "food for human consumption that is to be consumed 
off the premises where it is sold" includes all food sold 
through a vending machine, except soft drinks, candy, and food 
products that are dispensed hot from a vending machine, 
regardless of the location of the vending machine. 

    Notwithstanding any other provisions of this
Act, 
beginning September 1, 2009, "food for human consumption that 
is to be consumed off the premises where
it is sold" does not 
include candy.  For purposes of this Section, "candy" means a 
preparation of sugar, honey, or other natural or artificial 
sweeteners in combination with chocolate, fruits, nuts or other 
ingredients or flavorings in the form of bars, drops, or 
pieces.  "Candy" does not include any preparation that contains 
flour or requires refrigeration. 
    Notwithstanding any other provisions of this
Act, 
beginning September 1, 2009, "nonprescription medicines and 
drugs"  does not include grooming and hygiene products.  For 
purposes of this Section, "grooming and hygiene products" 
includes, but is not limited to, soaps and cleaning solutions, 
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan 
lotions and screens, unless those products are available by 
prescription only, regardless of whether the products meet the 
definition of "over-the-counter-drugs".  For the purposes of 
this paragraph, "over-the-counter-drug" means a drug for human 
use that contains a label that identifies the product as a drug 
as required by 21 C.F.R. § 201.66.  The "over-the-counter-drug" 
label includes: 
        (A) A "Drug Facts" panel; or
        (B) A statement of the "active ingredient(s)" with a 
    list of those ingredients contained in the compound, 
    substance or preparation.
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, 
eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; 97-38, 
eff. 6-28-11; 97-227, eff. 1-1-12; 97-636, eff. 6-1-12.)
 
    Section 6-155. The Retailers' Occupation Tax Act is amended  
by changing Section 2-5 as follows:
 


    (35 ILCS 120/2-5)


    Sec. 2-5. Exemptions. Gross receipts from proceeds from the 
sale of
the following tangible personal property are exempt 
from the tax imposed
by this Act:

    (1) Farm chemicals.

    (2) Farm machinery and equipment, both new and used, 
including that
manufactured on special order, certified by the 
purchaser to be used
primarily for production agriculture or 
State or federal agricultural
programs, including individual 
replacement parts for the machinery and
equipment, including 
machinery and equipment purchased for lease,
and including 
implements of husbandry defined in Section 1-130 of
the 
Illinois Vehicle Code, farm machinery and agricultural 
chemical and
fertilizer spreaders, and nurse wagons required to 
be registered
under Section 3-809 of the Illinois Vehicle Code,

but
excluding other motor vehicles required to be registered 
under the Illinois
Vehicle Code.
Horticultural polyhouses or 
hoop houses used for propagating, growing, or
overwintering 
plants shall be considered farm machinery and equipment under

this item (2).
Agricultural chemical tender tanks and dry boxes 
shall include units sold
separately from a motor vehicle 
required to be licensed and units sold mounted
on a motor 
vehicle required to be licensed, if the selling price of the 
tender
is separately stated.

    Farm machinery and equipment shall include precision 
farming equipment
that is
installed or purchased to be 
installed on farm machinery and equipment
including, but not 
limited to, tractors, harvesters, sprayers, planters,
seeders, 
or spreaders.
Precision farming equipment includes, but is not 
limited to,
soil testing sensors, computers, monitors, 
software, global positioning
and mapping systems, and other 
such equipment.

    Farm machinery and equipment also includes computers, 
sensors, software, and
related equipment used primarily in the

computer-assisted operation of production agriculture 
facilities, equipment,
and activities such as, but
not limited 
to,
the collection, monitoring, and correlation of
animal and 
crop data for the purpose of
formulating animal diets and 
agricultural chemicals.  This item (2) is exempt
from the 
provisions of
Section 2-70.

    (3) Until July 1, 2003, distillation machinery and 
equipment, sold as a
unit or kit,
assembled or installed by the 
retailer, certified by the user to be used
only for the 
production of ethyl alcohol that will be used for consumption

as motor fuel or as a component of motor fuel for the personal 
use of the
user, and not subject to sale or resale.

    (4) Until July 1, 2003 and beginning again September 1, 
2004 through August 30, 2014, graphic arts machinery and 
equipment, including
repair and
replacement parts, both new and 
used, and including that manufactured on
special order or 
purchased for lease, certified by the purchaser to be used

primarily for graphic arts production.
Equipment includes 
chemicals or
chemicals acting as catalysts but only if
the 
chemicals or chemicals acting as catalysts effect a direct and 
immediate
change upon a
graphic arts product.

    (5) A motor vehicle of the first division, a motor vehicle 
of the second division that is a self contained motor vehicle 
designed or permanently converted to provide living quarters 
for recreational, camping, or travel use, with direct walk 
through access to the living quarters from the driver's seat, 
or a motor vehicle of the second division that is of the van 
configuration designed for the transportation of not less than 
7 nor more than 16 passengers, as defined in Section 1-146 of 
the Illinois Vehicle Code, that is used for automobile renting, 
as defined in the Automobile Renting Occupation and Use Tax 
Act. This paragraph is exempt from
the provisions of Section 
2-70.

    (6) Personal property sold by a teacher-sponsored student 
organization
affiliated with an elementary or secondary school 
located in Illinois.

    (7) Until July 1, 2003, proceeds of that portion of the 
selling price of
a passenger car the
sale of which is subject 
to the Replacement Vehicle Tax.

    (8) Personal property sold to an Illinois county fair 
association for
use in conducting, operating, or promoting the 
county fair.

    (9) Personal property sold to a not-for-profit arts
or 
cultural organization that establishes, by proof required by 
the Department
by
rule, that it has received an exemption under 
Section 501(c)(3) of the
Internal Revenue Code and that is 
organized and operated primarily for the
presentation
or 
support of arts or cultural programming, activities, or 
services.  These
organizations include, but are not limited to, 
music and dramatic arts
organizations such as symphony 
orchestras and theatrical groups, arts and
cultural service 
organizations, local arts councils, visual arts organizations,

and media arts organizations.
On and after the effective date 
of this amendatory Act of the 92nd General
Assembly, however, 
an entity otherwise eligible for this exemption shall not
make 
tax-free purchases unless it has an active identification 
number issued by
the Department.

    (10) Personal property sold by a corporation, society, 
association,
foundation, institution, or organization, other 
than a limited liability
company, that is organized and 
operated as a not-for-profit service enterprise
for the benefit 
of persons 65 years of age or older if the personal property

was not purchased by the enterprise for the purpose of resale 
by the
enterprise.

    (11) Personal property sold to a governmental body, to a 
corporation,
society, association, foundation, or institution 
organized and operated
exclusively for charitable, religious, 
or educational purposes, or to a
not-for-profit corporation, 
society, association, foundation, institution,
or organization 
that has no compensated officers or employees and that is

organized and operated primarily for the recreation of persons 
55 years of
age or older. A limited liability company may 
qualify for the exemption under
this paragraph only if the 
limited liability company is organized and operated

exclusively for educational purposes. On and after July 1, 
1987, however, no
entity otherwise eligible for this exemption 
shall make tax-free purchases
unless it has an active 
identification number issued by the Department.

    (12) Tangible personal property sold to
interstate 
carriers
for hire for use as
rolling stock moving in interstate 
commerce or to lessors under leases of
one year or longer 
executed or in effect at the time of purchase by
interstate 
carriers for hire for use as rolling stock moving in interstate

commerce and equipment operated by a telecommunications 
provider, licensed as a
common carrier by the Federal 
Communications Commission, which is permanently
installed in 
or affixed to aircraft moving in interstate commerce.

    (12-5) On and after July 1, 2003 and through June 30, 2004, 
motor vehicles of the second division
with a gross vehicle 
weight in excess of 8,000 pounds
that
are
subject to the 
commercial distribution fee imposed under Section 3-815.1 of

the Illinois
Vehicle Code. Beginning on July 1, 2004 and 
through June 30, 2005, the use in this State of motor vehicles 
of the second division: (i) with a gross vehicle weight rating 
in excess of 8,000 pounds; (ii) that are subject to the 
commercial distribution fee imposed under Section 3-815.1 of 
the Illinois Vehicle Code; and (iii) that are primarily used 
for commercial purposes. Through June 30, 2005, this

exemption 
applies to repair and replacement parts added
after the
initial 
purchase of such a motor vehicle if that motor vehicle is used 
in a
manner that
would qualify for the rolling stock exemption 
otherwise provided for in this
Act. For purposes of this 
paragraph, "used for commercial purposes" means the 
transportation of persons or property in furtherance of any 
commercial or industrial enterprise whether for-hire or not.


    (13) Proceeds from sales to owners, lessors, or
shippers of

tangible personal property that is utilized by interstate 
carriers for
hire for use as rolling stock moving in interstate 
commerce
and equipment operated by a telecommunications 
provider, licensed as a
common carrier by the Federal 
Communications Commission, which is
permanently installed in 
or affixed to aircraft moving in interstate commerce.

    (14) Machinery and equipment that will be used by the 
purchaser, or a
lessee of the purchaser, primarily in the 
process of manufacturing or
assembling tangible personal 
property for wholesale or retail sale or
lease, whether the 
sale or lease is made directly by the manufacturer or by
some 
other person, whether the materials used in the process are 
owned by
the manufacturer or some other person, or whether the 
sale or lease is made
apart from or as an incident to the 
seller's engaging in the service
occupation of producing 
machines, tools, dies, jigs, patterns, gauges, or
other similar 
items of no commercial value on special order for a particular

purchaser.

    (15) Proceeds of mandatory service charges separately 
stated on
customers' bills for purchase and consumption of food 
and beverages, to the
extent that the proceeds of the service 
charge are in fact turned over as
tips or as a substitute for 
tips to the employees who participate directly
in preparing, 
serving, hosting or cleaning up the food or beverage function

with respect to which the service charge is imposed.

    (16) Petroleum products sold to a purchaser if the seller

is prohibited by federal law from charging tax to the 
purchaser.

    (17) Tangible personal property sold to a common carrier by 
rail or
motor that
receives the physical possession of the 
property in Illinois and that
transports the property, or 
shares with another common carrier in the
transportation of the 
property, out of Illinois on a standard uniform bill
of lading 
showing the seller of the property as the shipper or consignor 
of
the property to a destination outside Illinois, for use 
outside Illinois.

    (18) Legal tender, currency, medallions, or gold or silver 
coinage
issued by the State of Illinois, the government of the 
United States of
America, or the government of any foreign 
country, and bullion.

    (19) Until July 1 2003, oil field exploration, drilling, 
and production
equipment, including
(i) rigs and parts of rigs, 
rotary rigs, cable tool
rigs, and workover rigs, (ii) pipe and 
tubular goods, including casing and
drill strings, (iii) pumps 
and pump-jack units, (iv) storage tanks and flow
lines, (v) any 
individual replacement part for oil field exploration,

drilling, and production equipment, and (vi) machinery and 
equipment purchased
for lease; but
excluding motor vehicles 
required to be registered under the Illinois
Vehicle Code.

    (20) Photoprocessing machinery and equipment, including 
repair and
replacement parts, both new and used, including that 
manufactured on
special order, certified by the purchaser to be 
used primarily for
photoprocessing, and including 
photoprocessing machinery and equipment
purchased for lease.

    (21) Until July 1, 2003, and beginning again on the 
effective date of this amendatory Act of the 97th General 
Assembly and thereafter, coal and aggregate exploration, 
mining, offhighway hauling,
processing,
maintenance, and 
reclamation equipment, including
replacement parts and 
equipment, and including
equipment purchased for lease, but 
excluding motor vehicles required to be
registered under the 
Illinois Vehicle Code.

    (22) Fuel and petroleum products sold to or used by an air 
carrier,
certified by the carrier to be used for consumption, 
shipment, or storage
in the conduct of its business as an air 
common carrier, for a flight
destined for or returning from a 
location or locations
outside the United States without regard 
to previous or subsequent domestic
stopovers.

    (23) A transaction in which the purchase order is received 
by a florist
who is located outside Illinois, but who has a 
florist located in Illinois
deliver the property to the 
purchaser or the purchaser's donee in Illinois.

    (24) Fuel consumed or used in the operation of ships, 
barges, or vessels
that are used primarily in or for the 
transportation of property or the
conveyance of persons for 
hire on rivers bordering on this State if the
fuel is delivered 
by the seller to the purchaser's barge, ship, or vessel
while 
it is afloat upon that bordering river.

    (25) Except as provided in item (25-5) of this Section, a


motor vehicle sold in this State to a nonresident even though 
the
motor vehicle is delivered to the nonresident in this 
State, if the motor
vehicle is not to be titled in this State, 
and if a drive-away permit
is issued to the motor vehicle as 
provided in Section 3-603 of the Illinois
Vehicle Code or if 
the nonresident purchaser has vehicle registration
plates to 
transfer to the motor vehicle upon returning to his or her home

state.  The issuance of the drive-away permit or having
the

out-of-state registration plates to be transferred is prima 
facie evidence
that the motor vehicle will not be titled in 
this State.

    (25-5) The exemption under item (25) does not apply if the 
state in which the motor vehicle will be titled does not allow 
a reciprocal exemption for a motor vehicle sold and delivered 
in that state to an Illinois resident but titled in Illinois.  
The tax collected under this Act on the sale of a motor vehicle 
in this State to a resident of another state that does not 
allow a reciprocal exemption shall be imposed at a rate equal 
to the state's rate of tax on taxable property in the state in 
which the purchaser is a resident, except that the tax shall 
not exceed the tax that would otherwise be imposed under this 
Act.  At the time of the sale, the purchaser shall execute a 
statement, signed under penalty of perjury, of his or her 
intent to title the vehicle in the state in which the purchaser 
is a resident within 30 days after the sale and of the fact of 
the payment to the State of Illinois of tax in an amount 
equivalent to the state's rate of tax on taxable property in 
his or her state of residence and shall submit the statement to 
the appropriate tax collection agency in his or her state of 
residence.  In addition, the retailer must retain a signed copy 
of the statement in his or her records. Nothing in this item 
shall be construed to require the removal of the vehicle from 
this state following the filing of an intent to title the 
vehicle in the purchaser's state of residence if the purchaser 
titles the vehicle in his or her state of residence within 30 
days after the date of sale.  The tax collected under this Act 
in accordance with this item (25-5) shall be proportionately 
distributed as if the tax were collected at the 6.25% general 
rate imposed under this Act.

    (25-7) Beginning on July 1, 2007, no tax is imposed under 
this Act on the sale of an aircraft, as defined in Section 3 of 
the Illinois Aeronautics Act,  if all of the following 
conditions are met:
        (1) the aircraft leaves this State within 15 days after 
    the later of  either the issuance of the final billing for 
    the sale of the aircraft, or the authorized approval for 
    return to service, completion of the maintenance record 
    entry, and completion of the test flight and ground test 
    for inspection, as required by 14 C.F.R. 91.407;
        (2) the aircraft is not based or registered in this 
    State after the sale of the aircraft; and
        (3) the seller retains in his or her books and records 
    and provides to the Department a signed and dated 
    certification from the purchaser, on a form prescribed by 
    the Department,  certifying that the requirements of this 
    item (25-7) are met.  The certificate must also include the 
    name and address of the purchaser, the address of the 
    location where the aircraft is to be titled or registered, 
    the address of the primary physical location of the 
    aircraft, and other information that the Department may 
    reasonably require.
    For purposes of this item (25-7):
    "Based in this State" means hangared, stored, or otherwise 
used, excluding post-sale customizations as defined in this 
Section, for 10 or more days in each 12-month period 
immediately following the date of the sale of the aircraft.
    "Registered in this State" means an aircraft registered 
with the Department of Transportation, Aeronautics Division, 
or titled or registered with the Federal Aviation 
Administration to an address located in this State.
    This paragraph (25-7) is exempt from the provisions
of

Section 2-70.

    (26) Semen used for artificial insemination of livestock 
for direct
agricultural production.

    (27) Horses, or interests in horses, registered with and 
meeting the
requirements of any of the
Arabian Horse Club 
Registry of America, Appaloosa Horse Club, American Quarter

Horse Association, United States
Trotting Association, or 
Jockey Club, as appropriate, used for
purposes of breeding or 
racing for prizes. This item (27) is exempt from the provisions 
of Section 2-70, and the exemption provided for under this item 
(27) applies for all periods beginning May 30, 1995, but no 
claim for credit or refund is allowed on or after January 1, 
2008 (the effective date of Public Act 95-88)
 for such taxes 
paid during the period beginning May 30, 2000 and ending on 
January 1, 2008 (the effective date of Public Act 95-88).

    (28) Computers and communications equipment utilized for 
any
hospital
purpose
and equipment used in the diagnosis,

analysis, or treatment of hospital patients sold to a lessor 
who leases the
equipment, under a lease of one year or longer 
executed or in effect at the
time of the purchase, to a

hospital
that has been issued an active tax exemption 
identification number by the
Department under Section 1g of 
this Act.

    (29) Personal property sold to a lessor who leases the

property, under a
lease of one year or longer executed or in 
effect at the time of the purchase,
to a governmental body
that 
has been issued an active tax exemption identification number 
by the
Department under Section 1g of this Act.

    (30) Beginning with taxable years ending on or after 
December
31, 1995
and
ending with taxable years ending on or 
before December 31, 2004,
personal property that is
donated for 
disaster relief to be used in a State or federally declared

disaster area in Illinois or bordering Illinois by a 
manufacturer or retailer
that is registered in this State to a 
corporation, society, association,
foundation, or institution 
that has been issued a sales tax exemption
identification 
number by the Department that assists victims of the disaster

who reside within the declared disaster area.

    (31) Beginning with taxable years ending on or after 
December
31, 1995 and
ending with taxable years ending on or 
before December 31, 2004, personal
property that is used in the 
performance of infrastructure repairs in this
State, including 
but not limited to municipal roads and streets, access roads,

bridges, sidewalks, waste disposal systems, water and sewer 
line extensions,
water distribution and purification 
facilities, storm water drainage and
retention facilities, and 
sewage treatment facilities, resulting from a State
or 
federally declared disaster in Illinois or bordering Illinois 
when such
repairs are initiated on facilities located in the 
declared disaster area
within 6 months after the disaster.

    (32) Beginning July 1, 1999, game or game birds sold at a 
"game breeding
and
hunting preserve area" as that term is used

in the
Wildlife Code.  This paragraph is exempt from the 
provisions
of
Section 2-70.

    (33) A motor vehicle, as that term is defined in Section 
1-146
of the
Illinois Vehicle Code, that is donated to a 
corporation, limited liability
company, society, association, 
foundation, or institution that is determined by
the Department 
to be organized and operated exclusively for educational

purposes.  For purposes of this exemption, "a corporation, 
limited liability
company, society, association, foundation, 
or institution organized and
operated
exclusively for 
educational purposes" means all tax-supported public schools,

private schools that offer systematic instruction in useful 
branches of
learning by methods common to public schools and 
that compare favorably in
their scope and intensity with the 
course of study presented in tax-supported
schools, and 
vocational or technical schools or institutes organized and

operated exclusively to provide a course of study of not less 
than 6 weeks
duration and designed to prepare individuals to 
follow a trade or to pursue a
manual, technical, mechanical, 
industrial, business, or commercial
occupation.

    (34) Beginning January 1, 2000, personal property, 
including food, purchased
through fundraising events for the 
benefit of a public or private elementary or
secondary school, 
a group of those schools, or one or more school districts if

the events are sponsored by an entity recognized by the school 
district that
consists primarily of volunteers and includes 
parents and teachers of the
school children.  This paragraph 
does not apply to fundraising events (i) for
the benefit of 
private home instruction or (ii) for which the fundraising

entity purchases the personal property sold at the events from 
another
individual or entity that sold the property for the 
purpose of resale by the
fundraising entity and that profits 
from the sale to the fundraising entity.
This paragraph is 
exempt from the provisions of Section 2-70.

    (35) Beginning January 1, 2000 and through December 31, 
2001, new or used
automatic vending machines that prepare and 
serve hot food and beverages,
including coffee, soup, and other 
items, and replacement parts for these
machines.  Beginning 
January 1, 2002 and through June 30, 2003, machines
and parts 
for machines used in
commercial, coin-operated amusement and 
vending business if a use or occupation
tax is paid on the 
gross receipts derived from the use of the commercial,

coin-operated amusement and vending machines.  This paragraph 
is exempt from
the provisions of Section 2-70.

    (35-5) Beginning August 23, 2001 and through June 30, 2016, 
food for human consumption that is to be consumed off
the 
premises where it is sold (other than alcoholic beverages, soft 
drinks,
and food that has been prepared for immediate 
consumption) and prescription
and nonprescription medicines, 
drugs, medical appliances, and insulin, urine
testing 
materials, syringes, and needles used by diabetics, for human 
use, when
purchased for use by a person receiving medical 
assistance under Article V of
the Illinois Public Aid Code who 
resides in a licensed long-term care facility,
as defined in 
the Nursing Home Care Act, or a licensed facility as defined in 
the ID/DD Community Care Act or the Specialized Mental Health 
Rehabilitation Act of 2013.

    (36) Beginning August 2, 2001, computers and 
communications equipment
utilized for any hospital purpose and 
equipment used in the diagnosis,
analysis, or treatment of 
hospital patients sold to a lessor who leases the
equipment, 
under a lease of one year or longer executed or in effect at 
the
time of the purchase, to a hospital that has been issued an 
active tax
exemption identification number by the Department 
under Section 1g of this Act.
 This paragraph is exempt from the 
provisions of Section 2-70.

    (37) Beginning August 2, 2001, personal property sold to a 
lessor who
leases the property, under a lease of one year or 
longer executed or in effect
at the time of the purchase, to a 
governmental body that has been issued an
active tax exemption 
identification number by the Department under Section 1g
of 
this Act.  This paragraph is exempt from the provisions of 
Section 2-70.

    (38) Beginning on January 1, 2002 and through June 30, 
2016, tangible personal property purchased
from an Illinois 
retailer by a taxpayer engaged in centralized purchasing

activities in Illinois who will, upon receipt of the property 
in Illinois,
temporarily store the property in Illinois (i) for 
the purpose of subsequently
transporting it outside this State 
for use or consumption thereafter solely
outside this State or 
(ii) for the purpose of being processed, fabricated, or

manufactured into, attached to, or incorporated into other 
tangible personal
property to be transported outside this State 
and thereafter used or consumed
solely outside this State.  The 
Director of Revenue shall, pursuant to rules
adopted in 
accordance with the Illinois Administrative Procedure Act, 
issue a
permit to any taxpayer in good standing with the 
Department who is eligible for
the exemption under this 
paragraph (38).  The permit issued under
this paragraph (38) 
shall authorize the holder, to the extent and
in the manner 
specified in the rules adopted under this Act, to purchase

tangible personal property from a retailer exempt from the 
taxes imposed by
this Act.  Taxpayers shall maintain all 
necessary books and records to
substantiate the use and 
consumption of all such tangible personal property
outside of 
the State of Illinois.

    (39) Beginning January 1, 2008, tangible personal property 
used in the construction or maintenance of a community water 
supply, as defined under Section 3.145 of the Environmental 
Protection Act, that is operated by a not-for-profit 
corporation that holds a valid water supply permit issued under 
Title IV of the Environmental Protection Act. This paragraph is 
exempt from the provisions of Section 2-70.

    (40) Beginning January 1, 2010, materials, parts, 
equipment, components, and furnishings incorporated into or 
upon an aircraft as part of the modification, refurbishment, 
completion, replacement, repair, or maintenance of the 
aircraft. This exemption includes consumable supplies used in 
the modification, refurbishment, completion, replacement, 
repair, and maintenance of aircraft, but excludes any 
materials, parts, equipment, components, and consumable 
supplies used in the modification, replacement, repair, and 
maintenance of aircraft engines or power plants, whether such 
engines or power plants are installed or uninstalled upon any 
such aircraft. "Consumable supplies" include, but are not 
limited to, adhesive, tape, sandpaper, general purpose 
lubricants, cleaning solution, latex gloves, and protective 
films. This exemption applies only to those organizations that 
(i) hold an Air Agency Certificate and are empowered to operate 
an approved repair station by the Federal Aviation 
Administration, (ii) have a Class IV Rating, and (iii) conduct 
operations in accordance with Part 145 of the Federal Aviation 
Regulations. The exemption does not include aircraft operated 
by a commercial air carrier providing scheduled passenger air 
service pursuant to authority issued under Part 121 or Part 129 
of the Federal Aviation Regulations. 
    (41) Tangible personal property sold to a 
public-facilities corporation, as described in Section 
11-65-10 of the Illinois Municipal Code, for purposes of 
constructing or furnishing a municipal convention hall, but 
only if the legal title to the municipal convention hall is 
transferred to the municipality without any further 
consideration by or on behalf of the municipality at the time 
of the completion of the municipal convention hall or upon the 
retirement or redemption of any bonds or other debt instruments 
issued by the public-facilities corporation in connection with 
the development of the municipal convention hall.  This 
exemption includes existing public-facilities corporations as 
provided in Section 11-65-25 of the Illinois Municipal Code.  
This paragraph is exempt from the provisions of Section 2-70. 
(Source: P.A. 96-116, eff. 7-31-09; 96-339, eff. 7-1-10; 
96-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff. 
7-2-10; 97-38, eff. 6-28-11; 97-73, eff. 6-30-11; 97-227, eff. 
1-1-12; 97-431, eff. 8-16-11; 97-636, eff. 6-1-12; 97-767, eff. 
7-9-12.)

 
    Section 6-160. The Property Tax Code is amended  by changing 
Sections 15-168, 15-170, and 15-172 as follows:
 
    (35 ILCS 200/15-168)
    Sec. 15-168. Disabled persons' homestead exemption.
    (a) Beginning with taxable year 2007, an
annual homestead 
exemption is granted to disabled persons in
the amount of 
$2,000, except as provided in subsection (c), to
be deducted 
from the property's value as equalized or assessed
by the 
Department of Revenue. The disabled person shall receive
the 
homestead exemption upon meeting the following
requirements:
        (1) The property must be occupied as the primary 
    residence by the disabled person.
        (2) The disabled person must be liable for paying the

    real estate taxes on the property.
        (3) The disabled person must be an owner of record of

    the property or have a legal or equitable interest in the

    property as evidenced by a written instrument. In the case

    of a leasehold interest in property, the lease must be for

    a single family residence.
    A person who is disabled during the taxable year
is 
eligible to apply for this homestead exemption during that

taxable year. Application must be made during the
application 
period in effect for the county of residence. If a
homestead 
exemption has been granted under this Section and the
person 
awarded the exemption subsequently becomes a resident of
a 
facility licensed under the Nursing Home Care Act, the 
Specialized Mental Health Rehabilitation Act of 2013, or the 
ID/DD Community Care Act, then the
exemption shall continue (i) 
so long as the residence continues
to be occupied by the 
qualifying person's spouse or (ii) if the
residence remains 
unoccupied but is still owned by the person
qualified for the 
homestead exemption.
    (b) For the purposes of this Section, "disabled person"

means a person unable to engage in any substantial gainful 
activity by reason of a medically determinable physical or 
mental impairment which can be expected to result in death or 
has lasted or can be expected to last for a continuous period 
of not less than 12 months. Disabled persons filing claims 
under this Act shall submit proof of disability in such form 
and manner as the Department shall by rule and regulation 
prescribe. Proof that a claimant is eligible to receive 
disability benefits under the Federal Social Security Act shall 
constitute proof of disability for purposes of this Act. 
Issuance of an Illinois Person with a Disability Identification 
Card stating that the claimant is under a Class 2 disability, 
as defined in Section 4A of the Illinois Identification Card 
Act, shall constitute proof that the person named thereon is a 
disabled person for purposes of this Act. A disabled person not 
covered under the Federal Social Security Act and not 
presenting an Illinois Person with a Disability Identification 
Card stating that the claimant is under a Class 2 disability 
shall be examined by a physician designated by the Department, 
and his status as a disabled person determined using the same 
standards as used by the Social Security Administration. The 
costs of any required examination shall be borne by the 
claimant.
    (c) For land improved with (i) an apartment building owned

and operated as a cooperative or (ii) a life care facility as

defined under Section 2 of the Life Care Facilities Act that is

considered to be a cooperative, the maximum reduction from the

value of the property, as equalized or assessed by the

Department, shall be multiplied by the number of apartments or

units occupied by a disabled person. The disabled person shall

receive the homestead exemption upon meeting the following

requirements:
        (1) The property must be occupied as the primary 
    residence by the
disabled person.
        (2) The disabled person must be liable by contract with

    the owner or owners of record for paying the apportioned

    property taxes on the property of the cooperative or life

    care facility. In the case of a life care facility, the

    disabled person must be liable for paying the apportioned

    property taxes under a life care contract as defined in 
    Section 2 of the Life Care Facilities Act.
        (3) The disabled person must be an owner of record of a

    legal or equitable interest in the cooperative apartment

    building. A leasehold interest does not meet this

    requirement.

If a homestead exemption is granted under this subsection, the

cooperative association or management firm shall credit the

savings resulting from the exemption to the apportioned tax

liability of the qualifying disabled person. The chief county

assessment officer may request reasonable proof that the

association or firm has properly credited the exemption. A

person who willfully refuses to credit an exemption to the

qualified disabled person is guilty of a Class B misdemeanor.

    (d) The chief county assessment officer shall determine the

eligibility of property to receive the homestead exemption

according to guidelines established by the Department. After a

person has received an exemption under this Section, an annual

verification of eligibility for the exemption shall be mailed

to the taxpayer.
    In counties with fewer than 3,000,000 inhabitants, the 
chief county assessment officer shall provide to each
person 
granted a homestead exemption under this Section a form
to 
designate any other person to receive a duplicate of any
notice 
of delinquency in the payment of taxes assessed and
levied 
under this Code on the person's qualifying property. The

duplicate notice shall be in addition to the notice required to

be provided to the person receiving the exemption and shall be 
given in the manner required by this Code. The person filing

the request for the duplicate notice shall pay an

administrative fee of $5 to the chief county assessment

officer. The assessment officer shall then file the executed

designation with the county collector, who shall issue the

duplicate notices as indicated by the designation. A

designation may be rescinded by the disabled person in the

manner required by the chief county assessment officer.
    (e) A taxpayer who claims an exemption under Section 15-165 
or 15-169 may not claim an exemption under this Section.


(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13.)
 
    (35 ILCS 200/15-170)
    Sec. 15-170. Senior Citizens Homestead Exemption. An 
annual homestead
exemption limited, except as described here 
with relation to cooperatives or
life care facilities, to a

maximum reduction set forth below from the property's value, as  
equalized or
assessed by the Department, is granted for 
property that is  occupied as a
residence by a person 65 years 
of age or older who is liable for paying real
estate taxes on 
the property and is an owner of record of the property or has a

legal or equitable interest therein as evidenced by a written 
instrument,
except for a leasehold interest, other than a 
leasehold interest of land on
which a single family residence 
is located, which is occupied as a residence by
a person 65 
years or older who has an ownership interest therein, legal,

equitable or as a lessee, and on which he or she is liable for 
the payment
of property taxes. Before taxable year 2004, the 
maximum reduction shall be $2,500 in counties with
3,000,000 or 
more inhabitants and $2,000 in all other counties.  For taxable 
years 2004 through 2005, the maximum reduction shall be $3,000 
in all counties. For taxable years 2006 and 2007, the maximum 
reduction shall be $3,500 and, for taxable years 2008 and 
thereafter, the maximum reduction is $4,000 in all counties.

    For land
improved with an apartment building owned and 
operated as a cooperative, the maximum reduction from the value 
of the property, as
equalized
by the Department, shall be 
multiplied by the number of apartments or units
occupied by a 
person 65 years of age or older who is liable, by contract with

the owner or owners of  record, for paying property taxes on the 
property and
is an owner of record of a legal or equitable 
interest in the cooperative
apartment building, other than a 
leasehold interest.  For land improved with
a life care 
facility, the maximum reduction from the value of the property, 
as
equalized by the Department, shall be multiplied by the 
number of apartments or
units occupied by persons 65 years of 
age or older, irrespective of any legal,
equitable, or 
leasehold interest in the facility, who are liable, under a

contract with the owner or owners of record of the facility, 
for paying
property taxes on the property.  In a
cooperative or 
a life care facility where a
homestead  exemption has been 
granted, the cooperative association or the
management firm of 
the cooperative or facility shall credit the savings
resulting 
from that exemption only to
the apportioned tax liability of 
the owner or resident who qualified for
the exemption.
Any 
person who willfully refuses to so credit the savings shall be 
guilty of a
Class B misdemeanor. Under this Section and 
Sections 15-175, 15-176, and 15-177, "life care
facility" means 
a facility, as defined in Section 2 of the Life Care Facilities

Act, with which the applicant for the homestead exemption has a 
life care
contract as defined in that Act.
    When a homestead exemption has been granted under this 
Section and the person
qualifying subsequently becomes a 
resident of a facility licensed under the Assisted Living and 
Shared Housing Act, the Nursing Home Care Act, the Specialized 
Mental Health Rehabilitation Act of 2013, or the ID/DD 
Community Care Act, the exemption shall continue so long as the 
residence
continues to be occupied by the qualifying person's 
spouse if the spouse is 65
years of age or older, or if the 
residence remains unoccupied but is still
owned by the person 
qualified for the homestead exemption.
    A person who will be 65 years of age
during the current 
assessment year
shall
be eligible to apply for the homestead 
exemption during that assessment
year.
Application shall be 
made during the application period in effect for the
county of 
his residence.
    Beginning with assessment year 2003, for taxes payable in 
2004,
property
that is first occupied as a residence after 
January 1 of any assessment year by
a person who is eligible 
for the senior citizens homestead exemption under this
Section 
must be granted a pro-rata exemption for the assessment year. 
The
amount of the pro-rata exemption is the exemption
allowed 
in the county under this Section divided by 365 and multiplied 
by the
number of days during the assessment year the property 
is occupied as a
residence by a
person eligible for the 
exemption under this Section.  The chief county
assessment 
officer must adopt reasonable procedures to establish 
eligibility
for this pro-rata exemption.
    The assessor or chief county assessment officer may 
determine the eligibility
of a life care facility to receive 
the benefits provided by this Section, by
affidavit, 
application, visual inspection, questionnaire or other 
reasonable
methods in order to insure that the tax savings 
resulting from the exemption
are credited by the management 
firm to the apportioned tax liability of each
qualifying 
resident.  The assessor may request reasonable proof that the

management firm has so credited the exemption.
    The chief county assessment officer of each county with 
less than 3,000,000
inhabitants shall provide to each person 
allowed a homestead exemption under
this Section a form to 
designate any other person to receive a
duplicate of any notice 
of delinquency in the payment of taxes assessed and
levied 
under this Code on the property of the person receiving the 
exemption.
 The duplicate notice  shall be in addition to the 
notice required to be
provided to the person receiving the 
exemption, and shall be given in the
manner required by this 
Code.  The person filing the request for the duplicate
notice 
shall pay a fee of $5 to cover administrative costs to the 
supervisor of
assessments, who shall then file the executed 
designation with the county
collector.  Notwithstanding any 
other provision of this Code to the contrary,
the filing of 
such an executed designation requires the county collector to

provide duplicate notices as indicated by the designation.  A 
designation may
be rescinded by the person who executed such 
designation at any time, in the
manner and form required by the 
chief county assessment officer.
    The assessor or chief county assessment officer may 
determine the
eligibility of residential property to receive 
the homestead exemption provided
by this Section by 
application, visual inspection, questionnaire or other

reasonable methods.  The determination shall be made in 
accordance with
guidelines established by the Department.
    In counties with 3,000,000 or more  inhabitants, beginning 
in taxable year 2010, each taxpayer who has been granted an 
exemption under this Section must reapply on an annual basis.  
The chief county assessment officer shall mail the application 
to the taxpayer. In counties with less than 3,000,000 
inhabitants, the county board may by
resolution provide that if 
a person has been granted a homestead exemption
under this 
Section, the person qualifying need not reapply for the 
exemption.
    In counties with less than 3,000,000 inhabitants, if the 
assessor or chief
county assessment officer requires annual 
application for verification of
eligibility for an exemption 
once granted under this Section, the application
shall be 
mailed to the taxpayer.
    The assessor or chief county assessment officer shall 
notify each person
who qualifies for an exemption under this 
Section that the person may also
qualify for deferral of real 
estate taxes under the Senior Citizens Real Estate
Tax Deferral 
Act.  The notice shall set forth the qualifications needed for

deferral of real estate taxes, the address and telephone number 
of
county collector, and a
statement that applications for 
deferral of real estate taxes may be obtained
from the county 
collector.
    Notwithstanding Sections 6 and 8 of the State Mandates Act, 
no
reimbursement by the State is required for the 
implementation of any mandate
created by this Section.
(Source: P.A. 96-339, eff. 7-1-10; 96-355, eff. 1-1-10; 
96-1000, eff. 7-2-10; 96-1418, eff. 8-2-10; 97-38, eff. 
6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
 



    (35 ILCS 200/15-172)



    Sec. 15-172. Senior Citizens Assessment Freeze Homestead 
Exemption. 

    (a) This Section may be cited as the Senior Citizens 
Assessment
Freeze Homestead Exemption.

    (b) As used in this Section:

    "Applicant" means an individual who has filed an 
application under this
Section.

    "Base amount" means the base year equalized assessed value 
of the residence
plus the first year's equalized assessed value 
of any added improvements which
increased the assessed value of 
the residence after the base year.

    "Base year" means the taxable year prior to the taxable 
year for which the
applicant first qualifies and applies for 
the exemption provided that in the
prior taxable year the 
property was improved with a permanent structure that
was 
occupied as a residence by the applicant who was liable for 
paying real
property taxes on the property and who was either 
(i) an owner of record of the
property or had legal or 
equitable interest in the property as evidenced by a
written 
instrument or (ii) had a legal or equitable interest as a 
lessee in the
parcel of property that was single family 
residence.
If in any subsequent taxable year for which the 
applicant applies and
qualifies for the exemption the equalized 
assessed value of the residence is
less than the equalized 
assessed value in the existing base year
(provided that such 
equalized assessed value is not
based
on an
assessed value that 
results from a temporary irregularity in the property that

reduces the
assessed value for one or more taxable years), then 
that
subsequent taxable year shall become the base year until a 
new base year is
established under the terms of this paragraph.  
For taxable year 1999 only, the
Chief County Assessment Officer 
shall review (i) all taxable years for which
the
applicant 
applied and qualified for the exemption and (ii) the existing 
base
year.
The assessment officer shall select as the new base 
year the year with the
lowest equalized assessed value.
An 
equalized assessed value that is based on an assessed value 
that results
from a
temporary irregularity in the property that 
reduces the assessed value for one
or more
taxable years shall 
not be considered the lowest equalized assessed value.
 The 
selected year shall be the base year for
taxable year 1999 and 
thereafter until a new base year is established under the
terms 
of this paragraph.

    "Chief County Assessment Officer" means the County 
Assessor or Supervisor of
Assessments of the county in which 
the property is located.

    "Equalized assessed value" means the assessed value as 
equalized by the
Illinois Department of Revenue.

    "Household" means the applicant, the spouse of the 
applicant, and all persons
using the residence of the applicant 
as their principal place of residence.

    "Household income" means the combined income of the members 
of a household
for the calendar year preceding the taxable 
year.

    "Income" has the same meaning as provided in Section 3.07 
of the Senior
Citizens and Disabled Persons Property Tax Relief

Act, except that, beginning in assessment year 2001, "income" 
does not
include veteran's benefits.

    "Internal Revenue Code of 1986" means the United States 
Internal Revenue Code
of 1986 or any successor law or laws 
relating to federal income taxes in effect
for the year 
preceding the taxable year.

    "Life care facility that qualifies as a cooperative" means 
a facility as
defined in Section 2 of the Life Care Facilities 
Act.

    "Maximum income limitation" means:
        (1) $35,000 prior
to taxable year 1999;
        (2) $40,000 in taxable years 1999 through 2003;
        (3) $45,000 in taxable years 2004 through 2005;
        (4) $50,000 in taxable years 2006 and 2007; and
        (5) $55,000 in taxable year 2008 and thereafter.

    "Residence" means the principal dwelling place and 
appurtenant structures
used for residential purposes in this 
State occupied on January 1 of the
taxable year by a household 
and so much of the surrounding land, constituting
the parcel 
upon which the dwelling place is situated, as is used for

residential purposes. If the Chief County Assessment Officer 
has established a
specific legal description for a portion of 
property constituting the
residence, then that portion of 
property shall be deemed the residence for the
purposes of this 
Section.

    "Taxable year" means the calendar year during which ad 
valorem property taxes
payable in the next succeeding year are 
levied.

    (c) Beginning in taxable year 1994, a senior citizens 
assessment freeze
homestead exemption is granted for real 
property that is improved with a
permanent structure that is 
occupied as a residence by an applicant who (i) is
65 years of 
age or older during the taxable year, (ii) has a household 
income that does not exceed the maximum income limitation, 
(iii) is liable for paying real property taxes on
the
property, 
and (iv) is an owner of record of the property or has a legal or

equitable interest in the property as evidenced by a written 
instrument. This
homestead exemption shall also apply to a 
leasehold interest in a parcel of
property improved with a 
permanent structure that is a single family residence
that is 
occupied as a residence by a person who (i) is 65 years of age 
or older
during the taxable year, (ii) has a household income 
that does not exceed the maximum income limitation,
(iii)
has a 
legal or equitable ownership interest in the property as 
lessee, and (iv)
is liable for the payment of real property 
taxes on that property.


    In counties of 3,000,000 or more inhabitants, the amount of 
the exemption for all taxable years is the equalized assessed 
value of the
residence in the taxable year for which 
application is made minus the base
amount. In all other 
counties, the amount of the exemption is as follows: (i) 
through taxable year 2005 and for taxable year 2007 and 
thereafter, the amount of this exemption shall be the equalized 
assessed value of the
residence in the taxable year for which 
application is made minus the base
amount; and (ii) for
taxable 
year 2006, the amount of the exemption is as follows:

        (1) For an applicant who has a household income of 
    $45,000 or less, the amount of the exemption is the 
    equalized assessed value of the
residence in the taxable 
    year for which application is made minus the base
amount.
        (2) For an applicant who has a household income 
    exceeding $45,000 but not exceeding $46,250, the amount of 
    the exemption is (i) the equalized assessed value of the

    residence in the taxable year for which application is made 
    minus the base
amount (ii) multiplied by 0.8.
        (3) For an applicant who has a household income 
    exceeding $46,250 but not exceeding $47,500, the amount of 
    the exemption is (i) the equalized assessed value of the

    residence in the taxable year for which application is made 
    minus the base
amount (ii) multiplied by 0.6.
        (4) For an applicant who has a household income 
    exceeding $47,500 but not exceeding $48,750, the amount of 
    the exemption is (i) the equalized assessed value of the

    residence in the taxable year for which application is made 
    minus the base
amount (ii) multiplied by 0.4.
        (5) For an applicant who has a household income 
    exceeding $48,750 but not exceeding $50,000, the amount of 
    the exemption is (i) the equalized assessed value of the

    residence in the taxable year for which application is made 
    minus the base
amount (ii) multiplied by 0.2.

    When the applicant is a surviving spouse of an applicant 
for a prior year for
the same residence for which an exemption 
under this Section has been granted,
the base year and base 
amount for that residence are the same as for the
applicant for 
the prior year.

    Each year at the time the assessment books are certified to 
the County Clerk,
the Board of Review or Board of Appeals shall 
give to the County Clerk a list
of the assessed values of 
improvements on each parcel qualifying for this
exemption that 
were added after the base year for this parcel and that

increased the assessed value of the property.

    In the case of land improved with an apartment building 
owned and operated as
a cooperative or a building that is a 
life care facility that qualifies as a
cooperative, the maximum 
reduction from the equalized assessed value of the
property is 
limited to the sum of the reductions calculated for each unit

occupied as a residence by a person or persons (i) 65 years of 
age or older, (ii) with a
household income that does not exceed 
the maximum income limitation, (iii) who is liable, by contract 
with the
owner
or owners of record, for paying real property 
taxes on the property, and (iv) who is
an owner of record of a 
legal or equitable interest in the cooperative
apartment 
building, other than a leasehold interest. In the instance of a

cooperative where a homestead exemption has been granted under 
this Section,
the cooperative association or its management 
firm shall credit the savings
resulting from that exemption 
only to the apportioned tax liability of the
owner who 
qualified for the exemption.  Any person who willfully refuses 
to
credit that savings to an owner who qualifies for the 
exemption is guilty of a
Class B misdemeanor.

    When a homestead exemption has been granted under this 
Section and an
applicant then becomes a resident of a facility 
licensed under the Assisted Living and Shared Housing Act, the 
Nursing Home
Care Act, the Specialized Mental Health 
Rehabilitation Act of 2013, or the ID/DD Community Care Act, 
the exemption shall be granted in subsequent years so long as 
the
residence (i) continues to be occupied by the qualified 
applicant's spouse or
(ii) if remaining unoccupied, is still 
owned by the qualified applicant for the
homestead exemption.

    Beginning January 1, 1997, when an individual dies who 
would have qualified
for an exemption under this Section, and 
the surviving spouse does not
independently qualify for this 
exemption because of age, the exemption under
this Section 
shall be granted to the surviving spouse for the taxable year

preceding and the taxable
year of the death, provided that, 
except for age, the surviving spouse meets
all
other 
qualifications for the granting of this exemption for those 
years.

    When married persons maintain separate residences, the 
exemption provided for
in this Section may be claimed by only 
one of such persons and for only one
residence.

    For taxable year 1994 only, in counties having less than 
3,000,000
inhabitants, to receive the exemption, a person shall 
submit an application by
February 15, 1995 to the Chief County 
Assessment Officer
of the county in which the property is 
located.  In counties having 3,000,000
or more inhabitants, for 
taxable year 1994 and all subsequent taxable years, to
receive 
the exemption, a person
may submit an application to the Chief 
County
Assessment Officer of the county in which the property 
is located  during such
period as may be specified by the Chief 
County Assessment Officer.  The Chief
County Assessment Officer 
in counties of 3,000,000 or more inhabitants shall
annually 
give notice of the application period by mail or by 
publication.  In
counties having less than 3,000,000 
inhabitants, beginning with taxable year
1995 and thereafter, 
to receive the exemption, a person
shall
submit an
application 
by July 1 of each taxable year to the Chief County Assessment

Officer of the county in which the property is located.  A 
county may, by
ordinance, establish a date for submission of 
applications that is
different than
July 1.
The applicant shall 
submit with the
application an affidavit of the applicant's 
total household income, age,
marital status (and if married the 
name and address of the applicant's spouse,
if known), and 
principal dwelling place of members of the household on January

1 of the taxable year. The Department shall establish, by rule, 
a method for
verifying the accuracy of affidavits filed by 
applicants under this Section, and the Chief County Assessment 
Officer may conduct audits of any taxpayer claiming an 
exemption under this Section to verify that the taxpayer is 
eligible to receive the exemption.  Each application shall 
contain or be verified by a written declaration that it is made 
under the penalties of perjury.  A taxpayer's signing a 
fraudulent application under this Act is perjury, as defined in 
Section 32-2 of the Criminal Code of 2012.
The applications 
shall be clearly marked as applications for the Senior
Citizens 
Assessment Freeze Homestead Exemption and must contain a notice 
that any taxpayer who receives the exemption is subject to an 
audit by the Chief County Assessment Officer.

    Notwithstanding any other provision to the contrary, in 
counties having fewer
than 3,000,000 inhabitants, if an 
applicant fails
to file the application required by this 
Section in a timely manner and this
failure to file is due to a 
mental or physical condition sufficiently severe so
as to 
render the applicant incapable of filing the application in a 
timely
manner, the Chief County Assessment Officer may extend 
the filing deadline for
a period of 30 days after the applicant 
regains the capability to file the
application, but in no case 
may the filing deadline be extended beyond 3
months of the 
original filing deadline.  In order to receive the extension

provided in this paragraph, the applicant shall provide the 
Chief County
Assessment Officer with a signed statement from 
the applicant's physician
stating the nature and extent of the 
condition, that, in the
physician's opinion, the condition was 
so severe that it rendered the applicant
incapable of filing 
the application in a timely manner, and the date on which
the 
applicant regained the capability to file the application.

    Beginning January 1, 1998, notwithstanding any other 
provision to the
contrary, in counties having fewer than 
3,000,000 inhabitants, if an applicant
fails to file the 
application required by this Section in a timely manner and

this failure to file is due to a mental or physical condition 
sufficiently
severe so as to render the applicant incapable of 
filing the application in a
timely manner, the Chief County 
Assessment Officer may extend the filing
deadline for a period 
of 3 months.  In order to receive the extension provided
in this 
paragraph, the applicant shall provide the Chief County 
Assessment
Officer with a signed statement from the applicant's 
physician stating the
nature and extent of the condition, and 
that, in the physician's opinion, the
condition was so severe 
that it rendered the applicant incapable of filing the

application in a timely manner.

    In counties having less than 3,000,000 inhabitants, if an 
applicant was
denied an exemption in taxable year 1994 and the 
denial occurred due to an
error on the part of an assessment

official, or his or her agent or employee, then beginning in 
taxable year 1997
the
applicant's base year, for purposes of 
determining the amount of the exemption,
shall be 1993 rather 
than 1994. In addition, in taxable year 1997, the
applicant's 
exemption shall also include an amount equal to (i) the amount 
of
any exemption denied to the applicant in taxable year 1995 
as a result of using
1994, rather than 1993, as the base year, 
(ii) the amount of any exemption
denied to the applicant in 
taxable year 1996 as a result of using 1994, rather
than 1993, 
as the base year, and (iii) the amount of the exemption 
erroneously
denied for taxable year 1994.

    For purposes of this Section, a person who will be 65 years 
of age during the
current taxable year shall be eligible to 
apply for the homestead exemption
during that taxable year.  
Application shall be made during the application
period in 
effect for the county of his or her residence. 

    The Chief County Assessment Officer may determine the 
eligibility of a life
care facility that qualifies as a 
cooperative to receive the benefits
provided by this Section by 
use of an affidavit, application, visual
inspection, 
questionnaire, or other reasonable method in order to insure 
that
the tax savings resulting from the exemption are credited 
by the management
firm to the apportioned tax liability of each 
qualifying resident.  The Chief
County Assessment Officer may 
request reasonable proof that the management firm
has so 
credited that exemption.

    Except as provided in this Section, all information 
received by the chief
county assessment officer or the 
Department from applications filed under this
Section, or from 
any investigation conducted under the provisions of this

Section, shall be confidential, except for official purposes or

pursuant to official procedures for collection of any State or 
local tax or
enforcement of any civil or criminal penalty or 
sanction imposed by this Act or
by any statute or ordinance 
imposing a State or local tax. Any person who
divulges any such 
information in any manner, except in accordance with a proper

judicial order, is guilty of a Class A misdemeanor.

    Nothing contained in this Section shall prevent the 
Director or chief county
assessment officer from publishing or 
making available reasonable statistics
concerning the 
operation of the exemption contained in this Section in which

the contents of claims are grouped into aggregates in such a 
way that
information contained in any individual claim shall 
not be disclosed.

    (d) Each Chief County Assessment Officer shall annually 
publish a notice
of availability of the exemption provided 
under this Section.  The notice
shall be published at least 60 
days but no more than 75 days prior to the date
on which the 
application must be submitted to the Chief County Assessment

Officer of the county in which the property is located.  The 
notice shall
appear in a newspaper of general circulation in 
the county.

    Notwithstanding Sections 6 and 8 of the State Mandates Act, 
no reimbursement by the State is required for the 
implementation of any mandate created by this Section.

(Source: P.A. 96-339, eff. 7-1-10; 96-355, eff. 1-1-10; 
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 
97-689, eff. 6-14-12; 97-813, eff. 7-13-12; 97-1150, eff. 
1-25-13.)
 
    Section 6-165. The Regional Transportation Authority Act 
is amended  by changing Section 4.03 as follows:
 


    (70 ILCS 3615/4.03)  (from Ch. 111 2/3, par. 704.03)


    Sec. 4.03. Taxes. 

    (a) In order to carry out any of the powers or
purposes of 
the Authority, the Board may by ordinance adopted with the

concurrence of 12
 of the then Directors, impose throughout the

metropolitan region any or all of the taxes provided in this 
Section.
Except as otherwise provided in this Act, taxes 
imposed under this
Section and civil penalties imposed incident 
thereto shall be collected
and enforced by the State Department 
of Revenue. The Department shall
have the power to administer 
and enforce the taxes and to determine all
rights for refunds 
for erroneous payments of the taxes. Nothing in this amendatory 
Act of the 95th General Assembly is intended to invalidate any 
taxes currently imposed by the Authority. The increased vote 
requirements to impose a tax shall only apply to actions taken 
after the effective date of this amendatory Act of the 95th 
General Assembly. 

    (b) The Board may impose a public transportation tax upon 
all
persons engaged in the metropolitan region in the business 
of selling at
retail motor fuel for operation of motor vehicles 
upon public highways.  The
tax shall be at a rate not to exceed 
5% of the gross receipts from the sales
of motor fuel in the 
course of the business.  As used in this Act, the term
"motor 
fuel" shall have the same meaning as in the Motor Fuel Tax Law.  
The Board may provide for details of the tax.  The provisions of

any tax shall conform, as closely as may be practicable, to the 
provisions
of the Municipal Retailers Occupation Tax Act, 
including without limitation,
conformity to penalties with 
respect to the tax imposed and as to the powers of
the State 
Department of Revenue to promulgate and enforce rules and 
regulations
relating to the administration and enforcement of 
the provisions of the tax
imposed, except that reference in the 
Act to any municipality shall refer to
the Authority and the 
tax shall be imposed only with regard to receipts from
sales of 
motor fuel in the metropolitan region, at rates as limited by 
this
Section.

    (c) In connection with the tax imposed under paragraph (b) 
of
this Section the Board may impose a tax upon the privilege 
of using in
the metropolitan region motor fuel for the 
operation of a motor vehicle
upon public highways, the tax to 
be at a rate not in excess of the rate
of tax imposed under 
paragraph (b) of this Section.  The Board may
provide for 
details of the tax.

    (d) The Board may impose a motor vehicle parking tax upon 
the
privilege of parking motor vehicles at off-street parking 
facilities in
the metropolitan region at which a fee is 
charged, and may provide for
reasonable classifications in and 
exemptions to the tax, for
administration and enforcement 
thereof and for civil penalties and
refunds thereunder and may 
provide criminal penalties thereunder, the
maximum penalties 
not to exceed the maximum criminal penalties provided
in the 
Retailers' Occupation Tax Act.  The
Authority may collect and 
enforce the tax itself or by contract with
any unit of local 
government.  The State Department of Revenue shall have
no 
responsibility for the collection and enforcement unless the

Department agrees with the Authority to undertake the 
collection and
enforcement.  As used in this paragraph, the term 
"parking facility"
means a parking area or structure having 
parking spaces for more than 2
vehicles at which motor vehicles 
are permitted to park in return for an
hourly, daily, or other 
periodic fee, whether publicly or privately
owned, but does not 
include parking spaces on a public street, the use
of which is 
regulated by parking meters.

    (e) The Board may impose a Regional Transportation 
Authority
Retailers' Occupation Tax upon all persons engaged in 
the business of
selling tangible personal property at retail in 
the metropolitan region.
In Cook County the tax rate shall be 
1.25%
 of the gross receipts from sales
of food for human 
consumption that is to be consumed off the premises
where it is 
sold (other than alcoholic beverages, soft drinks and food
that 
has been prepared for immediate consumption) and prescription 
and
nonprescription medicines, drugs, medical appliances and 
insulin, urine
testing materials, syringes and needles used by 
diabetics, and 1%
 of the
gross receipts from other taxable 
sales made in the course of that business.
In DuPage, Kane, 
Lake, McHenry, and Will Counties, the tax rate shall be 0.75%


of the gross receipts from all taxable sales made in the course 
of that
business.  The tax
imposed under this Section and all 
civil penalties that may be
assessed as an incident thereof 
shall be collected and enforced by the
State Department of 
Revenue.  The Department shall have full power to
administer and 
enforce this Section; to collect all taxes and penalties
so 
collected in the manner hereinafter provided; and to determine 
all
rights to credit memoranda arising on account of the 
erroneous payment
of tax or penalty hereunder.  In the 
administration of, and compliance
with this Section, the 
Department and persons who are subject to this
Section shall 
have the same rights, remedies, privileges, immunities,
powers 
and duties, and be subject to the same conditions, 
restrictions,
limitations, penalties, exclusions, exemptions 
and definitions of terms,
and employ the same modes of 
procedure, as are prescribed in Sections 1,
1a, 1a-1, 1c, 1d, 
1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all
provisions 
therein other than the State rate of tax), 2c, 3 (except as to

the disposition of taxes and penalties collected), 4, 5, 5a, 
5b, 5c, 5d,
5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 
9, 10, 11, 12 and
13 of the Retailers' Occupation Tax Act and 
Section 3-7 of the
Uniform Penalty and Interest Act, as fully 
as if those
provisions were set forth herein.

    Persons subject to any tax imposed under the authority 
granted
in this Section may reimburse themselves for their 
seller's tax
liability hereunder by separately stating the tax 
as an additional
charge, which charge may be stated in 
combination in a single amount
with State taxes that sellers 
are required to collect under the Use
Tax Act, under any 
bracket schedules the
Department may prescribe.

    Whenever the Department determines that a refund should be 
made under
this Section to a claimant instead of issuing a 
credit memorandum, the
Department shall notify the State 
Comptroller, who shall cause the
warrant to be drawn for the 
amount specified, and to the person named,
in the notification 
from the Department.  The refund shall be paid by
the State 
Treasurer out of the Regional Transportation Authority tax
fund 
established under paragraph (n) of this Section.

    If a tax is imposed under this subsection (e), a tax shall 
also
be imposed under subsections (f) and (g) of this Section.

    For the purpose of determining whether a tax authorized 
under this
Section is applicable, a retail sale by a producer 
of coal or other
mineral mined in Illinois, is a sale at retail 
at the place where the
coal or other mineral mined in Illinois 
is extracted from the earth.
This paragraph does not apply to 
coal or other mineral when it is
delivered or shipped by the 
seller to the purchaser at a point outside
Illinois so that the 
sale is exempt under the Federal Constitution as a
sale in 
interstate or foreign commerce.

    No tax shall be imposed or collected under this subsection 
on the sale of a motor vehicle in this State to a resident of 
another state if that motor vehicle will not be titled in this 
State.

    Nothing in this Section shall be construed to authorize the 
Regional
Transportation Authority to impose a tax upon the 
privilege of engaging
in any business that under the 
Constitution of the United States may
not be made the subject 
of taxation by this State.

    (f) If a tax has been imposed under paragraph (e), a

Regional Transportation Authority Service Occupation
Tax shall

also be imposed upon all persons engaged, in the metropolitan 
region in
the business of making sales of service, who as an 
incident to making the sales
of service, transfer tangible 
personal property within the metropolitan region,
either in the 
form of tangible personal property or in the form of real 
estate
as an incident to a sale of service.  In Cook County, the 
tax rate
shall be:  (1) 1.25%
 of the serviceman's cost price of 
food prepared for
immediate consumption and transferred 
incident to a sale of service subject
to the service occupation 
tax by an entity licensed under the Hospital
Licensing Act, the 
Nursing Home Care Act, the Specialized Mental Health 
Rehabilitation Act of 2013, or the ID/DD Community Care Act 
that is located in the metropolitan
region; (2) 1.25%
 of the 
selling price of food for human consumption that is to
be 
consumed off the premises where it is sold (other than 
alcoholic
beverages, soft drinks and food that has been 
prepared for immediate
consumption) and prescription and 
nonprescription medicines, drugs, medical
appliances and 
insulin, urine testing materials, syringes and needles used
by 
diabetics; and (3) 1%
 of the selling price from other taxable 
sales of
tangible personal property transferred.  In DuPage, 
Kane, Lake,
McHenry and Will Counties the rate shall be 0.75%
 
of the selling price
of all tangible personal property 
transferred.

    The tax imposed under this paragraph and all civil

penalties that may be assessed as an incident thereof shall be 
collected
and enforced by the State Department of Revenue.  The 
Department shall
have full power to administer and enforce this 
paragraph; to collect all
taxes and penalties due hereunder; to 
dispose of taxes and penalties
collected in the manner 
hereinafter provided; and to determine all
rights to credit 
memoranda arising on account of the erroneous payment
of tax or 
penalty hereunder.  In the administration of and compliance
with 
this paragraph, the Department and persons who are subject to 
this
paragraph shall have the same rights, remedies, 
privileges, immunities,
powers and duties, and be subject to 
the same conditions, restrictions,
limitations, penalties, 
exclusions, exemptions and definitions of terms,
and employ the 
same modes of procedure, as are prescribed in Sections 1a-1, 2,

2a, 3 through 3-50 (in respect to all provisions therein other 
than the
State rate of tax), 4 (except that the reference to 
the State shall be to
the Authority), 5, 7, 8 (except that the 
jurisdiction to which the tax
shall be a debt to the extent 
indicated in that Section 8 shall be the
Authority), 9 (except 
as to the disposition of taxes and penalties
collected, and 
except that the returned merchandise credit for this tax may

not be taken against any State tax), 10, 11, 12 (except the 
reference
therein to Section 2b of the Retailers' Occupation 
Tax Act), 13 (except
that any reference to the State shall mean 
the Authority), the first
paragraph of Section 15, 16, 17, 18, 
19 and 20 of the Service
Occupation Tax Act and Section 3-7 of 
the Uniform Penalty and Interest
Act, as fully as if those 
provisions were set forth herein.

    Persons subject to any tax imposed under the authority 
granted
in this paragraph may reimburse themselves for their 
serviceman's tax
liability hereunder by separately stating the 
tax as an additional
charge, that charge may be stated in 
combination in a single amount
with State tax that servicemen 
are authorized to collect under the
Service Use Tax Act, under 
any bracket schedules the
Department may prescribe.

    Whenever the Department determines that a refund should be 
made under
this paragraph to a claimant instead of issuing a 
credit memorandum, the
Department shall notify the State 
Comptroller, who shall cause the
warrant to be drawn for the 
amount specified, and to the person named
in the notification 
from the Department.  The refund shall be paid by
the State 
Treasurer out of the Regional Transportation Authority tax
fund 
established under paragraph (n) of this Section.

    Nothing in this paragraph shall be construed to authorize 
the
Authority to impose a tax upon the privilege of engaging in 
any business
that under the Constitution of the United States 
may not be made the
subject of taxation by the State.

    (g) If a tax has been imposed under paragraph (e), a tax 
shall
also be imposed upon the privilege of using in the 
metropolitan region,
any item of tangible personal property 
that is purchased outside the
metropolitan region at retail 
from a retailer, and that is titled or
registered with an 
agency of this State's government.  In Cook County the
tax rate 
shall be 1%
 of the selling price of the tangible personal 
property,
as "selling price" is defined in the Use Tax Act.  In 
DuPage, Kane, Lake,
McHenry and Will counties the tax rate 
shall be 0.75%
 of the selling price of
the tangible personal 
property, as "selling price" is defined in the
Use Tax Act.  The 
tax shall be collected from persons whose Illinois
address for 
titling or registration purposes is given as being in the

metropolitan region. The tax shall be collected by the 
Department of
Revenue for the Regional Transportation 
Authority.  The tax must be paid
to the State, or an exemption 
determination must be obtained from the
Department of Revenue, 
before the title or certificate of registration for
the 
property may be issued. The tax or proof of exemption may be

transmitted to the Department by way of the State agency with 
which, or the
State officer with whom, the tangible personal 
property must be titled or
registered if the Department and the 
State agency or State officer
determine that this procedure 
will expedite the processing of applications
for title or 
registration.

    The Department shall have full power to administer and 
enforce this
paragraph; to collect all taxes, penalties and 
interest due hereunder;
to dispose of taxes, penalties and 
interest collected in the manner
hereinafter provided; and to 
determine all rights to credit memoranda or
refunds arising on 
account of the erroneous payment of tax, penalty or
interest 
hereunder. In the administration of and compliance with this

paragraph, the Department and persons who are subject to this 
paragraph
shall have the same rights, remedies, privileges, 
immunities, powers and
duties, and be subject to the same 
conditions, restrictions,
limitations, penalties, exclusions, 
exemptions and definitions of terms
and employ the same modes 
of procedure, as are prescribed in Sections 2
(except the 
definition of "retailer maintaining a place of business in this

State"), 3 through 3-80 (except provisions pertaining to the 
State rate
of tax, and except provisions concerning collection 
or refunding of the tax
by retailers), 4, 11, 12, 12a, 14, 15, 
19 (except the portions pertaining
to claims by retailers and 
except the last paragraph concerning refunds),
20, 21 and 22 of 
the Use Tax Act, and are not inconsistent with this
paragraph, 
as fully as if those provisions were set forth herein.

    Whenever the Department determines that a refund should be 
made under
this paragraph to a claimant instead of issuing a 
credit memorandum, the
Department shall notify the State 
Comptroller, who shall cause the order
to be drawn for the 
amount specified, and to the person named in the
notification 
from the Department. The refund shall be paid by the State

Treasurer out of the Regional Transportation Authority tax fund

established under paragraph (n) of this Section.

    (h) The Authority may impose a replacement vehicle tax of 
$50 on any
passenger car as defined in Section 1-157 of the 
Illinois Vehicle Code
purchased within the metropolitan region 
by or on behalf of an
insurance company to replace a passenger 
car of
an insured person in settlement of a total loss claim. 
The tax imposed
may not become effective before the first day 
of the month following the
passage of the ordinance imposing 
the tax and receipt of a certified copy
of the ordinance by the 
Department of Revenue.  The Department of Revenue
shall collect 
the tax for the Authority in accordance with Sections 3-2002

and 3-2003 of the Illinois Vehicle Code.

    The Department shall immediately pay over to the State 
Treasurer,
ex officio, as trustee, all taxes collected 
hereunder.  
    As soon as possible after the first day of each month, 
beginning January 1, 2011, upon certification of the Department 
of Revenue, the Comptroller shall order transferred, and the 
Treasurer shall transfer, to the STAR Bonds Revenue Fund the 
local sales tax increment, as defined in the Innovation 
Development and Economy Act, collected under this Section 
during the second preceding calendar month for sales within a 
STAR bond district.
    After the monthly transfer to the STAR Bonds Revenue Fund, 
on
or before the 25th day of each calendar month, the 
Department shall
prepare and certify to the Comptroller the 
disbursement of stated sums
of money to the Authority. The 
amount to be paid to the Authority shall be
the amount 
collected hereunder during the second preceding calendar month

by the Department, less any amount determined by the Department 
to be
necessary for the payment of refunds, and less any 
amounts that are transferred to the STAR Bonds Revenue Fund.  
Within 10 days after receipt by the
Comptroller of the 
disbursement certification to the Authority provided
for in 
this Section to be given to the Comptroller by the Department, 
the
Comptroller shall cause the orders to be drawn for that 
amount in
accordance with the directions contained in the 
certification.

    (i) The Board may not impose any other taxes except as it 
may from
time to time be authorized by law to impose.

    (j) A certificate of registration issued by the State 
Department of
Revenue to a retailer under the Retailers' 
Occupation Tax Act or under the
Service Occupation Tax Act 
shall permit the registrant to engage in a
business that is 
taxed under the tax imposed under paragraphs
(b), (e), (f) or 
(g) of this Section and no additional registration
shall be 
required under the tax.  A certificate issued under the
Use Tax 
Act or the Service Use Tax Act shall be applicable with regard 
to
any tax imposed under paragraph (c) of this Section.

    (k) The provisions of any tax imposed under paragraph (c) 
of
this Section shall conform as closely as may be practicable 
to the
provisions of the Use Tax Act, including
without 
limitation conformity as to penalties with respect to the tax

imposed and as to the powers of the State Department of Revenue 
to
promulgate and enforce rules and regulations relating to the

administration and enforcement of the provisions of the tax 
imposed.
The taxes shall be imposed only on use within the 
metropolitan region
and at rates as provided in the paragraph.

    (l) The Board in imposing any tax as provided in paragraphs 
(b)
and (c) of this Section, shall, after seeking the advice of 
the State
Department of Revenue, provide means for retailers, 
users or purchasers
of motor fuel for purposes other than those 
with regard to which the
taxes may be imposed as provided in 
those paragraphs to receive refunds
of taxes improperly paid, 
which provisions may be at variance with the
refund provisions 
as applicable under the Municipal Retailers
Occupation Tax Act.  
The State Department of Revenue may provide for
certificates of 
registration for users or purchasers of motor fuel for purposes

other than those with regard to which taxes may be imposed as 
provided in
paragraphs (b) and (c) of this Section to 
facilitate the reporting and
nontaxability of the exempt sales 
or uses.

    (m) Any ordinance imposing or discontinuing any tax under 
this Section shall
be adopted and a certified copy thereof 
filed with the Department on or before
June 1, whereupon the 
Department of Revenue shall proceed to administer and
enforce 
this Section on behalf of the Regional Transportation Authority 
as of
September 1 next following such adoption and filing.

Beginning January 1, 1992, an ordinance or resolution imposing 
or
discontinuing the tax hereunder shall be adopted and a 
certified copy
thereof filed with the Department on or before 
the first day of July,
whereupon the Department shall proceed 
to administer and enforce this
Section as of the first day of 
October next following such adoption and
filing.  Beginning 
January 1, 1993, an ordinance or resolution imposing, 
increasing, decreasing, or
discontinuing the tax hereunder 
shall be adopted and a certified copy
thereof filed with the 
Department,
whereupon the Department shall proceed to 
administer and enforce this
Section as of the first day of the 
first month to occur not less than 60 days
 following such 
adoption and filing. Any ordinance or resolution of the 
Authority imposing a tax under this Section and in effect on 
August 1, 2007 shall remain in full force and effect and shall 
be administered by the Department of Revenue under the terms 
and conditions and rates of tax established by such ordinance 
or resolution until the Department begins administering and 
enforcing an increased tax under this Section as authorized by 
this amendatory Act of the 95th General Assembly.  The tax rates 
authorized by this amendatory Act of the 95th General Assembly 
are effective only if imposed by ordinance of the Authority.


    (n) The State Department of Revenue shall, upon collecting 
any taxes
as provided in this Section, pay the taxes over to 
the State Treasurer
as trustee for the Authority.  The taxes 
shall be held in a trust fund
outside the State Treasury.  On or 
before the 25th day of each calendar
month, the State 
Department of Revenue shall prepare and certify to the

Comptroller of the State of Illinois and
 to the Authority (i) 
the
amount of taxes collected in each County other than Cook 
County in the
metropolitan region, (ii)
 the amount of taxes 
collected within the City
of Chicago,
 and (iii) the amount 
collected in that portion
of Cook County outside of Chicago, 
each amount less the amount necessary for the payment
of 
refunds to taxpayers located in those areas described in items 
(i), (ii), and (iii).
Within 10 days after receipt by the 
Comptroller of the certification of
the amounts, the 
Comptroller shall cause an
order to be drawn for the payment of 
two-thirds of the amounts certified in item (i) of this 
subsection to the Authority and one-third of the amounts 
certified in item (i) of this subsection to the respective 
counties other than Cook County and the amount certified in 
items (ii) and (iii) of this subsection to the Authority.

    In addition to the disbursement required by the preceding 
paragraph, an
allocation shall be made in July 1991 and each 
year thereafter to the
Regional Transportation Authority.  The 
allocation shall be made in an
amount equal to the average 
monthly distribution during the preceding
calendar year 
(excluding the 2 months of lowest receipts) and the
allocation 
shall include the amount of average monthly distribution from

the Regional Transportation Authority Occupation and Use Tax 
Replacement
Fund.  The distribution made in July 1992 and each 
year thereafter under
this paragraph and the preceding 
paragraph shall be reduced by the amount
allocated and 
disbursed under this paragraph in the preceding calendar
year.  
The Department of Revenue shall prepare and certify to the

Comptroller for disbursement the allocations made in 
accordance with this
paragraph.

    (o) Failure to adopt a budget ordinance or otherwise to 
comply with
Section 4.01 of this Act or to adopt a Five-year 
Capital Program or otherwise to
comply with paragraph (b) of 
Section 2.01 of this Act shall not affect
the validity of any 
tax imposed by the Authority otherwise in conformity
with law.

    (p) At no time shall a public transportation tax or motor 
vehicle
parking tax authorized under paragraphs (b), (c) and 
(d) of this Section
be in effect at the same time as any 
retailers' occupation, use or
service occupation tax 
authorized under paragraphs (e), (f) and (g) of
this Section is 
in effect.

    Any taxes imposed under the authority provided in 
paragraphs (b), (c)
and (d) shall remain in effect only until 
the time as any tax
authorized by paragraphs (e), (f) or (g) of 
this Section are imposed and
becomes effective. Once any tax 
authorized by paragraphs (e), (f) or (g)
is imposed the Board 
may not reimpose taxes as authorized in paragraphs
(b), (c) and 
(d) of the Section unless any tax authorized by
paragraphs (e), 
(f) or (g) of this Section becomes ineffective by means
other 
than an ordinance of the Board.

    (q) Any existing rights, remedies and obligations 
(including
enforcement by the Regional Transportation 
Authority) arising under any
tax imposed under paragraphs (b), 
(c) or (d) of this Section shall not
be affected by the 
imposition of a tax under paragraphs (e), (f) or (g)
of this 
Section.

(Source: P.A. 96-339, eff. 7-1-10; 96-939, eff. 6-24-10; 97-38, 
eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)

 
    Section 6-170. The Assisted Living and Shared Housing Act 
is amended  by changing Sections 10, 35, 55, and 145 as follows:
 
    (210 ILCS 9/10)
    Sec. 10. Definitions. For purposes of this Act:
    "Activities of daily living" means eating, dressing,   
bathing, toileting,
transferring, or personal
hygiene.
    "Assisted living establishment" or "establishment" means a 
home, building,
residence, or any
other place where sleeping 
accommodations are provided for at least 3
unrelated adults,
at 
least 80% of whom are 55 years of age or older and where the 
following  are
provided
consistent with the purposes of this 
Act:
        (1) services consistent with a social model that is 
    based on the premise
that the
resident's unit in assisted 
    living and shared housing is his or her own home;
        (2) community-based residential care for persons who 
    need assistance with
activities of
daily living, including 
    personal,  supportive,  and intermittent
health-related 
    services available 24 hours per day, if needed, to meet the

    scheduled
and
unscheduled needs of a resident;
        (3) mandatory services, whether provided directly by 
    the establishment or
by another
entity arranged for by the 
    establishment, with the consent of the resident or

    resident's
representative;  and
        (4) a physical environment that is a homelike
setting 
    that
includes the following and such other elements as 
    established by the Department:
individual living units 
    each of which shall accommodate small kitchen
appliances

    and contain private bathing, washing, and toilet 
    facilities, or private washing
and
toilet facilities with a 
    common bathing room readily accessible to each
resident.

    Units shall be maintained for single occupancy except in 
    cases in which 2
residents
choose to share a unit. 
    Sufficient common space shall exist to permit
individual 
    and
group activities.
    "Assisted living establishment" or "establishment" does 
not mean any of the
following:
        (1) A home, institution, or similar place operated  by 
    the federal
government or the
State of Illinois.
        (2) A long term care facility licensed under the 
    Nursing Home Care Act, a facility licensed under the 
    Specialized Mental Health Rehabilitation Act of 2013, or a 
    facility licensed under the ID/DD Community Care Act.

    However, a
 facility licensed under either of those Acts may 
    convert  distinct parts of the facility to assisted
living.  
    If
the facility elects to do so, the facility shall retain 
    the
Certificate of
Need for its nursing and sheltered care 
    beds that were converted.
        (3) A hospital, sanitarium, or other institution, the 
    principal activity
or business of
which is the diagnosis, 
    care, and treatment of human illness and that is
required 
    to
be licensed under the Hospital Licensing Act.
        (4) A facility for child care as defined in the Child 
    Care Act of 1969.
        (5) A community living facility as defined in the 
    Community Living
Facilities
Licensing Act.
        (6) A nursing home or sanitarium operated solely by and 
    for persons who
rely
exclusively upon treatment by 
    spiritual means through prayer in accordance with
the creed 
    or tenants of a well-recognized church or religious 
    denomination.
        (7) A facility licensed by the Department of Human 
    Services as a
community-integrated living arrangement as 
    defined in the Community-Integrated
Living
Arrangements 
    Licensure and Certification Act.
        (8) A supportive residence licensed under the 
    Supportive Residences
Licensing Act.
        (9) The portion of a life care facility as defined in 
    the Life Care Facilities Act not licensed as an assisted 
    living establishment under this Act; a
life care facility 
    may
apply under this Act to convert sections of the 
    community to assisted living.
        (10) A free-standing hospice facility licensed under 
    the Hospice Program
Licensing Act.
        (11) A shared housing establishment.
        (12) A supportive living facility as described in 
    Section 5-5.01a of the
Illinois Public Aid
Code.
    "Department" means the Department of Public Health.
    "Director" means the Director of Public Health.
    "Emergency situation" means imminent danger of death or 
serious physical
harm to a
resident of an establishment.
    "License" means any of the following types of licenses 
issued to an applicant
or licensee by the
Department:
        (1) "Probationary license" means a license issued to an 
    applicant or
licensee
that has not
held a license under 
    this Act prior to its application or pursuant to a license

    transfer in accordance with Section 50 of this Act.
        (2) "Regular license" means a license issued by the 
    Department to an
applicant or
licensee that is in

    substantial compliance with this Act and any rules 
    promulgated
under this Act.
    "Licensee" means a person, agency, association, 
corporation, partnership, or
organization that
has been issued 
a license to operate an assisted living or shared housing

establishment. 
    "Licensed health care professional" means a registered 
professional nurse,
an advanced practice nurse, a physician 
assistant, and a licensed practical
nurse.
    "Mandatory services" include the following:
        (1) 3 meals per day available to the residents prepared 
    by the
establishment or an
outside contractor;
        (2) housekeeping services including, but not limited 
    to, vacuuming,
dusting, and
cleaning the   resident's unit;
        (3) personal laundry and linen services available to 
    the residents
provided
or arranged
for by the 
    establishment;
        (4) security provided 24 hours each day including, but 
    not limited to,
locked entrances
or building or contract 
    security personnel;
        (5) an emergency communication response system, which 
    is a procedure in
place 24
hours each day by which a 
    resident can notify building management, an emergency

    response vendor, or others able to respond to his or her 
    need for assistance;
and
        (6) assistance with activities of daily living as 
    required by each
resident.
    "Negotiated risk" is the process by which a resident, or 
his or her
representative,
 may  formally
negotiate with 
providers what risks each are willing and unwilling to assume 
in
service provision
and the resident's living environment.  The 
provider assures that the resident
and the
resident's 
representative, if any, are informed of the risks of these 
decisions
and of
the potential
consequences of assuming these 
risks.
    "Owner" means the individual, partnership, corporation, 
association, or other
person who owns
an assisted living or 
shared housing establishment.  In the event an assisted
living 
or shared
housing establishment is operated by a person who 
leases or manages the
physical plant, which is
owned by another 
person, "owner" means the person who operates the assisted

living or shared
housing establishment, except that if the 
person who owns the physical plant is
an affiliate of the

person who operates the assisted living or shared housing 
establishment and has
significant
control over the day to day 
operations of the assisted living or shared housing

establishment, the
person who owns the physical plant shall 
incur jointly and severally with the
owner all liabilities

imposed on an owner under this Act.
    "Physician" means a person licensed
under the Medical 
Practice Act of 1987
to practice medicine in all of its

branches.
    "Resident" means a person residing in an assisted living  or 
shared housing
establishment.
    "Resident's representative" means a person, other than the 
owner, agent, or
employee of an
establishment or of the health 
care provider unless related to the resident,
designated in 
writing by a
resident to be his or her
representative.  This 
designation may be accomplished through the Illinois
Power of 
Attorney Act, pursuant to the guardianship process under the 
Probate
Act of 1975, or pursuant to an executed designation of 
representative form
specified by the Department.
    "Self" means the individual or the individual's designated 
representative.
    "Shared housing establishment" or "establishment" means a  
publicly or
privately operated free-standing
residence for 16 
or fewer persons, at least 80% of whom are 55
years of age or 
older
and who are unrelated to the owners and one manager of 
the residence, where
the following are provided:
        (1) services consistent with a social model that is 
    based on the premise
that the resident's unit is his or her 
    own home;
        (2) community-based residential care for persons who 
    need assistance with
activities of daily living, including 
    housing and personal, supportive, and
intermittent 
    health-related services available 24 hours per day, if 
    needed, to
meet the scheduled and unscheduled needs of a 
    resident; and
        (3) mandatory services, whether provided directly by 
    the establishment or
by another entity arranged for by the 
    establishment, with the consent of the
resident or the 
    resident's representative.
    "Shared housing establishment" or "establishment" does not 
mean any of the
following:
        (1) A home, institution, or similar place operated by 
    the federal
government or the State of Illinois.
        (2) A long term care facility licensed under the 
    Nursing Home Care Act, a facility licensed under the 
    Specialized Mental Health Rehabilitation Act of 2013, or a 
    facility licensed under the ID/DD Community Care Act.
A 
    facility licensed under either of those Acts may, however, 
    convert sections of the facility to
assisted living.  If the 
    facility elects to do so, the facility
shall retain the 
    Certificate of Need for its nursing beds that were

    converted.
        (3) A hospital, sanitarium, or other institution, the 
    principal activity
or business of which is the diagnosis, 
    care, and treatment of human illness and
that is required 
    to be licensed under the Hospital Licensing Act.
        (4) A facility for child care as defined in the Child 
    Care Act of 1969.
        (5) A community living facility as defined in the 
    Community Living
Facilities Licensing Act.
        (6) A nursing home or sanitarium operated solely by and 
    for persons who
rely exclusively upon treatment by 
    spiritual means through prayer in accordance
with the creed 
    or tenants of a well-recognized church or religious

    denomination.
        (7) A facility licensed by the Department of Human 
    Services as a
community-integrated

living arrangement as 
    defined in the Community-Integrated
Living Arrangements 
    Licensure and Certification Act.
        (8) A supportive residence licensed under the 
    Supportive Residences
Licensing Act.
        (9) A life care facility as defined in the Life Care 
    Facilities Act; a
life care facility may apply under this 
    Act to convert sections of the
community to assisted 
    living.
        (10) A free-standing hospice facility licensed under 
    the Hospice Program
Licensing Act.
        (11) An assisted living establishment.
        (12) A supportive living facility as described in 
    Section 5-5.01a of the
Illinois Public Aid Code.
    "Total assistance" means that staff or another individual 
performs the entire
activity of daily
living without 
participation by the resident.
(Source: P.A. 96-339, eff. 7-1-10; 96-975, eff. 7-2-10; 97-38, 
eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
 


    (210 ILCS 9/35)



    Sec. 35. Issuance of license. 

    (a) Upon receipt and review of an application for a license 
and review of
the applicant establishment, the Director  may 
issue a license if he or she
finds:


        (1) that the individual applicant, or the corporation, 
    partnership, or
other entity if the applicant is not an 
    individual, is a person responsible and
suitable to operate 
    or to direct or participate in the operation of an

    establishment by virtue of financial capacity, appropriate 
    business or
professional experience, a record of lawful 
    compliance with lawful orders of
the Department
and lack of 
    revocation of a license issued under this Act, the Nursing 
    Home
Care Act, the Specialized Mental Health 
    Rehabilitation Act of 2013, or the ID/DD Community Care Act

    during the previous 5 years;


        (2) that the establishment is under the supervision of 
    a full-time
director who is at least 21 years of age and 
    has a high school diploma or equivalent plus either:
            (A) 2 years of management experience or 2 years of 
        experience in positions of progressive responsibility 
        in health care, housing with services, or adult day 
        care or providing similar services to the elderly; or
            (B) 2 years of management experience or 2 years of 
        experience in positions of progressive responsibility 
        in hospitality and training in health care and housing 
        with services management as defined by rule;


        (3) that the establishment has staff sufficient in 
    number with
qualifications, adequate skills, education, 
    and experience to meet the 24 hour
scheduled and 
    unscheduled needs of residents and who participate in 
    ongoing
training to serve the resident population;


        (4) that all employees who are subject to the Health 
    Care Worker Background Check Act meet the requirements of 
    that Act;


        (5) that the applicant is in substantial compliance 
    with this Act and such
other requirements for a
license as 
    the Department by rule may establish under this Act;


        (6) that the applicant pays all required fees;


        (7) that the applicant has provided to the Department 
    an accurate
disclosure document in
accordance with the 
    Alzheimer's Disease and Related Dementias Special Care 
    Disclosure Act and in
substantial compliance with Section 
    150 of this Act.

    In addition to any other requirements set forth in this 
Act, as a condition of licensure under this Act, the director 
of an establishment must participate in at least 20 hours of 
training every 2 years to assist him or her in better meeting 
the needs of the residents of the establishment and managing
 
the operation of the establishment.

    Any license issued by the Director shall state the physical 
location of the
establishment, the date the license was issued, 
and the expiration date.  All
licenses shall be valid for one 
year, except as provided in Sections 40 and 45.  Each
license 
shall be issued only for the premises and persons named in the

application, and shall not be transferable or assignable.

(Source: P.A. 96-339, eff. 7-1-10; 96-990, eff. 7-2-10; 97-38, 
eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)

 


    (210 ILCS 9/55)




    Sec. 55. Grounds for denial of a license. 
An application 
for a license may be denied for any of the following reasons:


        (1) failure to meet any of the standards set forth in 
    this Act or by rules
adopted by the Department under this 
    Act;


        (2) conviction of the applicant, or if the applicant is 
    a firm,
partnership,
or association, of any of
its members, 
    or if a corporation, the conviction of the corporation or 
    any of
its officers or
stockholders, or of the person 
    designated to manage or supervise the
establishment, of a

    felony or of 2 or more misdemeanors involving moral 
    turpitude during the
previous 5
years as shown by a 
    certified copy of the record of the court of conviction;


        (3) personnel insufficient in number or unqualified by 
    training or
experience to properly care for
the residents;


        (4) insufficient financial or other resources to 
    operate and conduct the
establishment in
accordance with 
    standards adopted by the Department under this Act;


        (5) revocation of a license during the previous 5

    years,
if such prior license
was issued to the individual 
    applicant, a controlling owner or controlling
combination 
    of
owners of the applicant; or any affiliate of the 
    individual applicant or
controlling owner of
the applicant 
    and such individual applicant, controlling owner of the 
    applicant
or affiliate of
the applicant was a controlling 
    owner of the prior license; provided, however,
that the 
    denial
of an application for a license pursuant to this 
    Section must be supported
by evidence that
the prior 
    revocation renders the applicant unqualified or incapable 
    of meeting
or
maintaining an establishment in accordance 
    with the standards and rules
adopted by the
Department 
    under this Act; or


        (6) the establishment is not under the direct 
    supervision of a full-time
director, as defined by
rule.

    The Department shall deny an application for a license if 6 
months after submitting its initial application the applicant 
has not provided the Department with all of the information 
required for review and approval or the applicant is not 
actively pursuing the processing of its application.  In 
addition, the Department shall determine whether the applicant 
has violated any provision of the Nursing Home Care Act, the 
Specialized Mental Health Rehabilitation Act of 2013, or the 
ID/DD Community Care Act.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 


    (210 ILCS 9/145)


    Sec. 145. Conversion of facilities. Entities licensed as

facilities
under the  Nursing Home Care Act, the Specialized 
Mental Health Rehabilitation Act of 2013, or the ID/DD 
Community Care Act may elect to convert
to a license under this 
Act.  Any facility that
chooses to convert, in whole or in part, 
shall follow the requirements in the
Nursing Home Care Act, the 
Specialized Mental Health Rehabilitation Act of 2013, or the 
ID/DD Community Care Act, as applicable, and rules promulgated 
under those Acts regarding voluntary
closure and notice to 
residents.  Any conversion of existing beds licensed
under the 
Nursing Home Care Act, the Specialized Mental Health 
Rehabilitation Act of 2013, or the ID/DD Community Care Act to 
licensure under this Act is exempt from
review by the Health 
Facilities and Services Review Board.

(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; 
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 
97-813, eff. 7-13-12.)
 
    Section 6-175. The Abuse Prevention Review Team Act is 
amended  by changing Sections 10 and 50 as follows:
 


    (210 ILCS 28/10)




    Sec. 10. Definitions. As used in this Act, unless the 
context requires
otherwise:

    "Department" means the Department of Public Health.

    "Director" means the Director of Public Health.

    "Executive Council" means the Illinois Residential Health 
Care Facility
Resident Sexual
Assault and Death Review Teams 
Executive Council.

    "Resident" means a person residing in and receiving 
personal care from a
facility licensed under the Nursing Home 
Care Act, the Specialized Mental Health Rehabilitation Act of 
2013, or the ID/DD Community Care Act.

    "Review team" means a residential health care facility 
resident sexual
assault and death review
team appointed under 
this Act.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 
    (210 ILCS 28/50)
    Sec. 50. Funding. Notwithstanding any other provision of 
law, to the extent permitted by federal law, the Department 
shall use moneys from fines paid by facilities licensed under 
the Nursing Home Care Act, the Specialized Mental Health 
Rehabilitation Act of 2013, or the ID/DD Community Care Act for 
violating requirements for certification under Titles XVIII 
and XIX of the Social Security Act to implement the provisions 
of this Act.  The Department shall use moneys deposited in the 
Long Term Care Monitor/Receiver Fund to pay the costs of 
implementing this Act that cannot be met by the use of federal 
civil monetary penalties.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    Section 6-180. The Abused and Neglected Long Term Care 
Facility Residents Reporting
Act is amended  by changing 
Sections 3, 4, and 6 as follows:
 


    (210 ILCS 30/3)  (from Ch. 111 1/2, par. 4163)




    Sec. 3. As used in this Act unless the context otherwise 
requires:

    a. "Department" means the Department of Public Health of 
the State of
Illinois.

    b. "Resident" means a person residing in and receiving 
personal care from
a long term care facility, or residing in a 
mental health facility or
developmental disability facility as 
defined in the Mental Health and
Developmental Disabilities 
Code.

    c. "Long term care facility" has the same meaning ascribed 
to such term
in the Nursing Home Care Act, except that the term 
as
used in this Act shall include any mental health facility or

developmental disability facility as defined in the Mental 
Health and
Developmental Disabilities Code. The term also 
includes any facility licensed under the ID/DD Community Care 
Act or the Specialized Mental Health Rehabilitation Act of 
2013. 

    d. "Abuse" means any physical injury, sexual abuse or 
mental injury
inflicted on a resident other than by accidental 
means.

    e. "Neglect" means a failure in a long term care facility 
to provide
adequate medical or personal care or maintenance, 
which failure results in
physical or mental injury to a 
resident or in the deterioration of a
resident's physical or 
mental condition.

    f. "Protective services" means services provided to a 
resident who has
been abused or neglected, which may include, 
but are not limited to alternative
temporary institutional 
placement, nursing care, counseling, other social
services 
provided at the nursing home where the resident resides or at 
some
other facility, personal care and such protective services 
of voluntary
agencies as are available.

    g. Unless the context otherwise requires, direct or 
indirect references in
this Act to the programs, personnel, 
facilities, services, service providers,
or service recipients 
of the Department of Human Services shall be construed to
refer 
only to those programs, personnel, facilities, services, 
service
providers, or service recipients that pertain to the 
Department of Human
Services' mental health and developmental 
disabilities functions.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 


    (210 ILCS 30/4)  (from Ch. 111 1/2, par. 4164)




    Sec. 4. Any long term care facility administrator, agent or 
employee
or any physician, hospital, surgeon, dentist, 
osteopath, chiropractor,
podiatrist, accredited religious 
practitioner who provides treatment by spiritual means alone 
through prayer in accordance with the tenets and practices of 
the accrediting church, coroner, social worker, social

services administrator, registered nurse, law enforcement 
officer, field
personnel of the Department of Healthcare and 
Family Services, field personnel of the
Illinois Department of 
Public Health and County or Municipal Health
Departments, 
personnel of the Department of Human Services (acting as the

successor to the Department of Mental Health and Developmental 
Disabilities
or the Department of Public Aid),
personnel of the 
Guardianship and Advocacy Commission, personnel of the
State 
Fire Marshal, local fire department inspectors or other 
personnel,
or personnel of the Illinois
Department on Aging, or 
its subsidiary Agencies on Aging, or employee of a
facility 
licensed under the Assisted Living and Shared Housing
Act, 
having reasonable
cause to believe any
resident with whom they 
have direct contact has been subjected to abuse
or neglect 
shall immediately report or cause a report
to be made
to the 
Department.
Persons required to make reports or cause reports 
to
be made under this Section include all employees of the 
State of Illinois
who are involved in providing services to 
residents, including
professionals providing medical or 
rehabilitation services and all other
persons having direct 
contact with residents; and further include all
employees of 
community service agencies who provide services to a resident

of a public or private long term care facility outside of that 
facility.
Any long term care surveyor of the Illinois 
Department of Public Health
who has reasonable cause to believe 
in the course of a survey that a
resident has been abused or 
neglected and initiates an investigation while
on site at the 
facility shall be exempt from making a report under this

Section but the results of any such investigation shall be 
forwarded to
the central register in a manner and form 
described by the Department.

    The requirement of this Act shall not relieve any long term 
care
facility administrator, agent or employee of 
responsibility to report the
abuse or neglect of a resident 
under Section 3-610 of the Nursing Home
Care Act or under 
Section 3-610 of the ID/DD Community Care Act or under Section 
2-107 3-610 of the Specialized Mental Health Rehabilitation Act 
of 2013.

    In addition to the above persons required to report 
suspected resident
abuse and neglect, any other person may make 
a report to the Department,
or to any law enforcement officer, 
if such person has reasonable cause to
suspect a resident has 
been abused or neglected.

    This Section also applies to residents whose death occurs 
from suspected
abuse or neglect before being found or brought 
to a hospital.

    A person required to make reports or cause reports to be 
made under
this Section who fails to comply with the 
requirements of this Section is
guilty of a Class A 
misdemeanor.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 


    (210 ILCS 30/6)  (from Ch. 111 1/2, par. 4166)




    Sec. 6. All reports of suspected abuse or neglect made 
under this Act
shall be made immediately by telephone to the 
Department's central register
established under Section 14 on 
the single, State-wide, toll-free telephone
number established 
under Section 13, or in person or by telephone through
the 
nearest Department office.  No long term care facility 
administrator,
agent or employee, or any other person, shall 
screen reports or otherwise
withhold any reports from the 
Department, and no long term care facility,
department of State 
government, or other agency shall establish any rules,

criteria, standards or guidelines to the contrary.  Every long 
term care
facility, department of State government and other 
agency whose employees
are required to make or cause to be made 
reports under Section 4 shall
notify its employees of the 
provisions of that Section and of this Section,
and provide to 
the Department documentation that such notification has been

given.  The Department of Human Services shall train all of its 
mental health and developmental
disabilities employees in the 
detection and reporting of suspected
abuse and neglect of 
residents.  Reports made to the central register
through the 
State-wide, toll-free telephone number shall be transmitted to

appropriate Department offices and municipal health 
departments that have
responsibility for licensing long term 
care facilities under the Nursing
Home Care Act, the 
Specialized Mental Health Rehabilitation Act of 2013, or the 
ID/DD Community Care Act.  All reports received through offices 
of the Department
shall be forwarded to the central register, 
in a manner and form described
by the Department.  The 
Department shall be capable of receiving reports of
suspected 
abuse and neglect 24 hours a day, 7 days a week.  Reports shall

also be made in writing deposited in the U.S. mail, postage 
prepaid, within
24 hours after having reasonable cause to 
believe that the condition of the
resident resulted from abuse 
or neglect.  Such reports may in addition be
made to the local 
law enforcement agency in the same manner. However, in
the 
event a report is made to the local law enforcement agency, the

reporter also shall immediately so inform the Department.  The 
Department
shall initiate an investigation of each report of 
resident abuse and
neglect under this Act, whether oral or 
written, as provided for in Section 3-702 of the Nursing Home 
Care Act, Section 2-208 3-702 of the Specialized Mental Health 
Rehabilitation Act of 2013, or Section 3-702 of the ID/DD 
Community Care Act, except that reports of abuse which
indicate 
that a resident's life or safety is in imminent danger shall be

investigated within 24 hours of such report. The Department may 
delegate to
law enforcement officials or other public agencies 
the duty to perform such
investigation.

    With respect to investigations of reports of suspected 
abuse or neglect
of residents of mental health and 
developmental disabilities institutions
under the jurisdiction 
of the Department of
Human Services, the
Department shall 
transmit
copies of such reports to the Department of State 
Police, the Department of
Human Services, and the
Inspector 
General
appointed under Section 1-17 of the Department of Human 
Services Act.  If the Department receives a report
of suspected 
abuse or neglect of a recipient of services as defined in 
Section
1-123 of the Mental Health and Developmental 
Disabilities Code, the
Department shall transmit copies of such 
report to the Inspector General
and the Directors of the 
Guardianship and Advocacy Commission and the
agency designated 
by the Governor pursuant to the Protection and Advocacy
for 
Developmentally Disabled Persons Act.  When requested by the 
Director
of the Guardianship and Advocacy Commission, the 
agency designated by the
Governor pursuant to the Protection 
and Advocacy for Developmentally
Disabled Persons Act, or the 
Department of Financial and Professional Regulation, the 
Department, the Department of Human Services and the Department 
of State Police shall make
available a copy of the final 
investigative report regarding investigations
conducted by 
their respective agencies on incidents of suspected abuse or

neglect of residents of mental health and developmental 
disabilities
institutions or individuals receiving services at 
community agencies under the jurisdiction of the Department of 
Human Services.  Such final investigative
report shall not 
contain witness statements, investigation notes, draft

summaries, results of lie detector tests, investigative files 
or other raw data
which was used to compile the final 
investigative report.  Specifically, the
final investigative 
report of the Department of State Police shall mean the

Director's final transmittal letter.  The Department of Human 
Services shall also make available a
copy of the results of 
disciplinary proceedings of employees involved in
incidents of 
abuse or neglect to the Directors.  All identifiable
information 
in reports provided shall not be further disclosed except as

provided by the Mental Health and Developmental Disabilities

Confidentiality Act.  Nothing in this Section is intended to 
limit or
construe the power or authority granted to the agency 
designated by the
Governor pursuant to the Protection and 
Advocacy for Developmentally
Disabled Persons Act, pursuant to 
any other State or federal statute.

    With respect to investigations of reported resident abuse 
or neglect, the
Department shall effect with appropriate law 
enforcement agencies formal
agreements concerning methods and 
procedures for the conduct of investigations
into the criminal 
histories of any administrator, staff assistant or employee
of 
the nursing home or other person responsible for the residents 
care,
as well as for other residents in the nursing home who 
may be in a position
to abuse, neglect or exploit the patient.  
Pursuant to the formal agreements
entered into with appropriate 
law enforcement agencies, the Department may
request 
information with respect to whether the person or persons set 
forth
in this paragraph have ever been charged with a crime and 
if so, the
disposition of those charges.  Unless the criminal 
histories of the
subjects involved crimes of violence or 
resident abuse or neglect, the
Department shall be entitled 
only to information limited in scope to
charges and their 
dispositions.  In cases where prior crimes of violence or

resident abuse or neglect are involved, a more detailed report 
can be made
available to authorized representatives of the 
Department, pursuant to the
agreements entered into with 
appropriate law enforcement agencies.  Any
criminal charges and 
their disposition information obtained by the
Department shall 
be confidential and may not be transmitted outside the

Department, except as required herein, to authorized 
representatives or
delegates of the Department, and may not be 
transmitted to anyone within
the Department who is not duly 
authorized to handle resident abuse or
neglect investigations.

    The Department shall effect formal agreements with 
appropriate law
enforcement agencies in the various counties 
and communities to encourage
cooperation and coordination in 
the handling of resident abuse or neglect
cases pursuant to 
this Act.  The Department shall adopt and implement
methods and 
procedures to promote statewide uniformity in the handling of

reports of abuse and neglect under this Act, and those methods 
and
procedures shall be adhered to by personnel of the 
Department involved in
such investigations and reporting.  The 
Department shall also make
information required by this Act 
available to authorized personnel within
the Department, as 
well as its authorized representatives.

    The Department shall keep a continuing record of all 
reports made
pursuant to this Act, including indications of the 
final determination of
any investigation and the final 
disposition of all reports.

    The Department shall report annually to the General 
Assembly on the
incidence of abuse and neglect of long term 
care facility residents, with
special attention to residents 
who are mentally disabled. The report shall
include but not be 
limited to data on the number and source of reports of

suspected abuse or neglect filed under this Act, the nature of 
any injuries
to residents, the final determination of 
investigations, the type and
number of cases where abuse or 
neglect is determined to exist, and the
final disposition of 
cases.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 
    Section 6-185. The Nursing Home Care Act is amended  by 
changing Sections 1-113, 2-204, 3-202.05, and 3-202.5 as 
follows:
 


    (210 ILCS 45/1-113)  (from Ch. 111 1/2, par. 4151-113)



    Sec. 1-113. "Facility" or "long-term care facility" means a 
private home,
institution, building, residence, or any other 
place, whether operated for
profit or not, or a county home for 
the infirm and chronically ill operated
pursuant to Division 
5-21 or 5-22 of the Counties Code, or any similar
institution 
operated by a political subdivision of the State of Illinois, 
which
provides, through its ownership or management, personal 
care, sheltered care or
nursing for 3 or more persons, not 
related to the applicant or owner by blood
or marriage.  It 
includes skilled nursing facilities and intermediate care

facilities as those terms are defined in Title XVIII and Title 
XIX of the
Federal Social Security Act.
It also includes homes, 
institutions, or
other places operated by or under the 
authority of the Illinois Department of
Veterans' Affairs.

    "Facility" does not include the following:

        (1) A home, institution, or other place operated by the 
    federal government
or agency thereof, or by the State of 
    Illinois, other than homes,
institutions, or other places 
    operated by or under the authority of the
Illinois 
    Department of Veterans' Affairs;

        (2) A hospital, sanitarium, or other institution whose 
    principal activity
or business is the diagnosis, care, and 
    treatment of human illness through
the maintenance and 
    operation as organized facilities therefor, which is

    required to be licensed under the Hospital Licensing Act;

        (3) Any "facility for child care" as defined in the 
    Child Care Act of
1969;

        (4) Any "Community Living Facility" as defined in the 
    Community Living
Facilities Licensing Act;

        (5) Any "community residential alternative" as defined

    in the Community Residential Alternatives Licensing Act;

        (6) Any nursing home or sanatorium operated solely by 
    and for persons
who rely exclusively upon treatment by 
    spiritual means through prayer, in
accordance with the 
    creed or tenets of any well-recognized church or
religious 
    denomination. However, such nursing home or sanatorium 
    shall
comply with all local laws and rules relating to 
    sanitation and safety;

        (7) Any facility licensed by the Department of Human 
    Services as a
community-integrated living arrangement as

    defined in the Community-Integrated Living Arrangements 
    Licensure and
Certification Act;

        (8) Any "Supportive Residence" licensed under the 
    Supportive
Residences Licensing Act;

        (9) Any "supportive living facility" in good standing 
    with the program established under Section 5-5.01a of the 
    Illinois Public Aid Code, except only for purposes of the 
    employment of persons in accordance with Section 3-206.01;

        (10) Any assisted living or shared housing 
    establishment licensed under
the Assisted Living and 
    Shared Housing Act, except only for purposes of the 
    employment of persons in accordance with Section 3-206.01;

        (11) An Alzheimer's disease management center 
    alternative health care
model licensed under the 
    Alternative Health Care Delivery Act;

        (12) A  facility licensed under the ID/DD Community Care 
    Act; or 
        (13) A facility licensed under the Specialized Mental 
    Health Rehabilitation Act of 2013. 
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 



    (210 ILCS 45/2-204)  (from Ch. 111 1/2, par. 4152-204)



    Sec. 2-204. The Director shall appoint a Long-Term Care 
Facility Advisory
Board to consult with the Department and the 
residents' advisory councils
created under Section 2-203.

    (a) The Board shall be comprised of the following persons:


        (1) The Director who shall serve as chairman, ex 
    officio and nonvoting;
and


        (2) One representative each of the Department of 
    Healthcare and Family Services, the
Department of Human 
    Services, the Department on
Aging, and the Office of the 
    State Fire Marshal, all nonvoting members;


        (3) One member who shall be a physician licensed to 
    practice medicine
in all its branches;


        (4) One member who shall be a registered nurse selected 
    from the
recommendations of professional nursing 
    associations;


        (5) Four members who shall be selected from the 
    recommendations by
organizations whose membership consists 
    of facilities;


        (6) Two members who shall represent the general public 
    who are not members
of a residents' advisory council 
    established under Section 2-203 and who
have no 
    responsibility for management or formation of policy or 
    financial
interest in a facility;


        (7) One member who is a member of a residents' advisory 
    council
established under Section 2-203 and is capable of 
    actively participating on the
Board; and


        (8) One member who shall be selected from the 
    recommendations of
consumer organizations which engage 
    solely in advocacy or legal
representation on behalf of 
    residents and their immediate families.

    (b) The terms of those members of the Board appointed prior 
to the
effective date of this amendatory Act of 1988 shall 
expire on December 31,
1988.  Members of the Board created by 
this amendatory Act of 1988 shall be
appointed to serve for 
terms as follows: 3 for 2 years, 3 for 3 years
and 3 for 4 
years.  The member of the Board added by this amendatory Act
of 
1989 shall be appointed to serve for a term of 4 years.  Each 
successor
member shall be appointed for a term of 4 years.  Any 
member appointed to fill
a vacancy occurring prior to the 
expiration of the term for which his
predecessor was appointed 
shall be appointed for the remainder of such term.
The Board 
shall meet as frequently as the chairman deems necessary, but 
not
less than 4 times each year.  Upon request by 4 or more 
members the chairman
shall call a meeting of the Board.  The 
affirmative vote of 6 members of the
Board shall be necessary 
for Board action.  A member of the Board can designate
a 
replacement to serve at the Board meeting and vote in place of 
the member by
submitting a letter of designation to the 
chairman prior to or at the
Board meeting. The Board members 
shall be reimbursed for their actual
expenses incurred in the 
performance of their duties.

    (c) The Advisory Board shall advise the Department of 
Public Health on
all aspects of its responsibilities under this 
Act and the Specialized Mental Health Rehabilitation 
Facilities Act of 2013, including the format
and content of any 
rules promulgated by the Department of Public Health.
Any such 
rules, except emergency rules promulgated pursuant to Section 
5-45 of
the Illinois Administrative Procedure Act, promulgated 
without
obtaining the advice of the Advisory Board are null and 
void.  In the event
that the Department fails to follow the 
advice of the Board, the Department
shall, prior to the 
promulgation of such rules, transmit a written explanation
of 
the reason thereof to the Board.  During its review of rules, 
the Board
shall analyze the economic and regulatory impact of 
those rules.  If the
Advisory Board, having been asked for its 
advice, fails to advise the
Department within 90 days, the 
rules shall be considered acted upon.

(Source: P.A. 97-38, eff. 6-28-11; revised 8-3-12.)

 
    (210 ILCS 45/3-202.05)
    Sec. 3-202.05. Staffing ratios effective July 1, 2010 and 
thereafter.
    (a) For the purpose of computing staff to resident ratios, 
direct care staff shall include:
        (1) registered nurses;
        (2) licensed practical nurses;
        (3) certified nurse assistants;
        (4) psychiatric services rehabilitation aides;
        (5) rehabilitation and therapy aides;
        (6)  psychiatric services rehabilitation coordinators;
        (7) assistant directors of nursing;
        (8) 50% of the Director of Nurses' time; and
        (9) 30% of the Social Services Directors' time.
    The Department shall, by rule, allow certain facilities 
subject to 77 Ill. Admin. Code 300.4000 and following (Subpart 
S) to utilize specialized clinical staff, as defined in rules, 
to count towards the staffing ratios. 
    Within 120 days of the effective date of this amendatory 
Act of the 97th General Assembly, the Department shall 
promulgate rules specific to the staffing requirements for 
facilities federally defined as Institutions for Mental 
Disease.  These rules shall recognize the unique nature of 
individuals with chronic mental health conditions, shall 
include minimum requirements for specialized clinical staff, 
including clinical social workers, psychiatrists, 
psychologists, and direct care staff set forth in paragraphs 
(4) through (6) and any other specialized staff which may be 
utilized and deemed necessary to count toward staffing ratios. 
    Within 120 days of the effective date of this amendatory 
Act of the 97th General Assembly, the Department shall 
promulgate rules specific to the staffing requirements for 
facilities licensed under the Specialized Mental Health 
Rehabilitation Act of 2013.  These rules shall recognize the 
unique nature of individuals with chronic mental health 
conditions, shall include minimum requirements for specialized 
clinical staff, including clinical social workers, 
psychiatrists, psychologists, and direct care staff set forth 
in paragraphs (4) through (6) and any other specialized staff 
which may be utilized and deemed necessary to count toward 
staffing ratios. 
    (b) Beginning January 1, 2011, and thereafter, light 
intermediate care shall be staffed at the same staffing ratio 
as intermediate care.
    (c) Facilities shall notify the Department within 60 days 
after the effective date of this amendatory Act of the 96th 
General Assembly, in a form and manner prescribed by the 
Department, of the staffing ratios in effect on the effective 
date of this amendatory Act of the 96th General Assembly for 
both intermediate and skilled care and the number of residents 
receiving each level of care. 
    (d)(1) Effective July 1, 2010, for each resident needing 
skilled care, a minimum staffing ratio of 2.5 hours of nursing 
and personal care each day must be provided; for each resident 
needing intermediate care, 1.7 hours of nursing and personal 
care each day must be provided.
    (2) Effective January 1, 2011, the minimum staffing ratios 
shall be increased to 2.7 hours of nursing and personal care 
each day for a resident needing skilled care and 1.9 hours of 
nursing and personal care each day for a resident needing 
intermediate care.
    (3) Effective January 1, 2012, the minimum staffing ratios 
shall be increased to 3.0 hours of nursing and personal care 
each day for a resident needing skilled care and 2.1 hours of 
nursing and personal care each day for a resident needing 
intermediate care.
    (4) Effective January 1, 2013, the minimum staffing ratios 
shall be increased to 3.4 hours of nursing and personal care 
each day for a resident needing skilled care and 2.3 hours of 
nursing and personal care each day for a resident needing 
intermediate care.
    (5) Effective January 1, 2014, the minimum staffing ratios 
shall be increased to 3.8 hours of nursing and personal care 
each day for a resident needing skilled care and 2.5 hours of 
nursing and personal care each day for a resident needing 
intermediate care. 

    (e) Ninety days after the effective date of this amendatory 
Act of the 97th General Assembly, a minimum of 25% of nursing 
and personal care time shall be provided by licensed nurses, 
with at least 10% of nursing and personal care time provided by 
registered nurses.  These minimum requirements shall remain in 
effect until an acuity based registered nurse requirement is 
promulgated by rule concurrent with the adoption of the 
Resource Utilization Group classification-based payment 
methodology, as provided in Section 5-5.2 of the Illinois 
Public Aid Code.  Registered nurses and licensed practical 
nurses employed by a facility in excess of these requirements 
may be used to satisfy the remaining 75% of the nursing and 
personal care time requirements. Notwithstanding this 
subsection, no staffing requirement in statute in effect on the 
effective date of this amendatory Act of the 97th General 
Assembly shall be reduced on account of this subsection. 
(Source: P.A. 96-1372, eff. 7-29-10; 96-1504, eff. 1-27-11; 
97-689, eff. 6-14-12.)
 


    (210 ILCS 45/3-202.5)



    Sec. 3-202.5. Facility plan review; fees. 

    (a) Before commencing construction of a new facility or 
specified types of
alteration or additions to an existing long 
term care facility involving
major construction, as defined by 
rule by the Department, with an
estimated cost greater than 
$100,000, architectural
drawings and specifications for the 
facility shall be submitted to the
Department for review and 
approval.
A facility may submit architectural drawings and 
specifications for other
construction projects for Department 
review according to subsection (b) that
shall not be subject to 
fees under subsection (d).
Review of drawings and 
specifications shall be conducted by an employee of the

Department meeting the qualifications established by the 
Department of Central
Management Services class specifications 
for such an individual's position or
by a person contracting 
with the Department who meets those class
specifications.  Final 
approval of the drawings and specifications for
compliance with 
design and construction standards shall be obtained from the

Department before the alteration, addition, or new 
construction is begun.

    (b) The Department shall inform an applicant in writing 
within 10 working
days after receiving drawings and 
specifications and the required fee, if any,
from the applicant 
whether the applicant's submission is complete or
incomplete.  
Failure to provide the applicant with this notice within 10

working days shall result in the submission being deemed 
complete for purposes
of initiating the 60-day review period 
under this Section.  If the submission
is incomplete, the 
Department shall inform the applicant of the deficiencies
with 
the submission in writing.  If the submission is complete the 
required
fee, if any, has been paid,
the Department shall 
approve or disapprove drawings and specifications
submitted to 
the Department no later than 60 days following receipt by the

Department.  The drawings and specifications shall be of 
sufficient detail, as
provided by Department rule, to
enable 
the Department to
render a determination of compliance with 
design and construction standards
under this Act.
If the 
Department finds that the drawings are not of sufficient detail 
for it
to render a determination of compliance, the plans shall 
be determined to be
incomplete and shall not be considered for 
purposes of initiating the 60 day
review period.
If a 
submission of drawings and specifications is incomplete, the 
applicant
may submit additional information.  The 60-day review 
period shall not commence
until the Department determines that 
a submission of drawings and
specifications is complete or the 
submission is deemed complete.
If the Department has not 
approved or disapproved the
drawings and specifications within 
60 days, the construction, major alteration,
or addition shall 
be deemed approved.  If the drawings and specifications are

disapproved, the Department shall state in writing, with 
specificity, the
reasons for the disapproval.  The entity 
submitting the drawings and
specifications may submit 
additional information in response to the written
comments from 
the Department or request a reconsideration of the disapproval.

A final decision of approval or disapproval shall be made 
within 45 days of the
receipt of the additional information or 
reconsideration request.  If denied,
the Department shall state 
the specific reasons for the denial.

    (c) The Department shall provide written approval for 
occupancy pursuant
to subsection (g) and shall not issue a 
violation to a facility as a result
of
a licensure or complaint 
survey based upon the facility's physical structure
if:


        (1) the Department reviewed and approved or deemed 
    approved the drawings
and specifications
for compliance 
    with design and construction standards;


        (2) the construction, major alteration, or addition 
    was built as
submitted;


        (3) the law or rules have not been amended since the 
    original approval;
and


        (4) the conditions at the facility indicate that there 
    is a reasonable
degree of safety provided for the 
    residents.

    (d) The Department shall charge the following fees in 
connection with its
reviews conducted before June 30, 2004 
under this Section:


        (1) (Blank). 


        (2) (Blank). 


        (3) If the estimated dollar value of the alteration, 
    addition, or new
construction is $100,000 or more but less 
    than $500,000, the fee shall be the
greater of $2,400 or 
    1.2% of that value.


        (4) If the estimated dollar value of the alteration, 
    addition, or new
construction is $500,000 or more but less 
    than $1,000,000, the fee shall be the
greater of $6,000 or 
    0.96% of that value.


        (5) If the estimated dollar value of the alteration, 
    addition, or new
construction is $1,000,000 or more but 
    less than $5,000,000, the fee shall be
the greater of 
    $9,600 or 0.22% of that value.


        (6) If the estimated dollar value of the alteration, 
    addition, or new
construction is $5,000,000 or more, the 
    fee shall be
the greater of $11,000 or 0.11% of that value, 
    but shall not exceed $40,000.

    The fees provided in this subsection (d) shall not apply to 
major
construction projects involving facility changes that 
are required by
Department rule amendments.

    The fees provided in this subsection (d) shall also not 
apply to major
construction projects if 51% or more of the 
estimated cost of the project is
attributed to capital 
equipment.  For major construction projects where 51% or
more of 
the estimated cost of the project is attributed to capital 
equipment,
the Department shall by rule establish a fee that is 
reasonably related to the
cost of reviewing the project.

    The Department shall not commence the facility plan review 
process under this
Section until
the applicable fee has been 
paid.

    (e) All fees received by the Department under this Section 
shall be
deposited into the Health Facility Plan Review Fund, a 
special fund created in
the State Treasury.
All fees paid by 
long-term care facilities under subsection (d) shall be used

only to cover the costs relating to the Department's review of 
long-term care
facility projects under this Section.
Moneys 
shall be appropriated from that Fund to the
Department only to 
pay the costs of conducting reviews under this Section or under 
Section 3-202.5 of the ID/DD Community Care Act or under 
Section 3-202.5 of the Specialized Mental Health 
Rehabilitation Act.
None of the moneys in the Health Facility 
Plan Review Fund shall be used to
reduce the amount of General 
Revenue Fund moneys appropriated to the Department
for facility 
plan reviews conducted pursuant to this Section.


    (f)(1) The provisions of this amendatory Act of 1997 
concerning drawings
and specifications shall apply only to 
drawings and specifications submitted to
the Department on or 
after October 1, 1997.


    (2) On and after the effective date of this amendatory Act 
of 1997 and
before October 1, 1997, an applicant may submit or 
resubmit drawings and
specifications to the Department and pay 
the fees provided in subsection (d).
If an applicant pays the 
fees provided in subsection (d) under this paragraph
(2), the 
provisions of subsection (b) shall apply with regard to those 
drawings
and specifications.

    (g) The Department shall conduct an on-site inspection of 
the completed
project no later than 30 days after notification 
from the applicant that the
project has been completed and all 
certifications required by the Department
have been received 
and accepted by the Department.  The Department shall
provide 
written approval for occupancy to the applicant within 5 
working days
of the Department's final inspection, provided the 
applicant has demonstrated
substantial compliance as defined 
by Department rule.
Occupancy of new major construction is

prohibited until Department approval is received, unless the 
Department has
not acted within the time frames provided in 
this subsection (g), in which case
the construction shall be 
deemed approved.  Occupancy shall be authorized after any 
required health inspection by the Department has been

conducted.

    (h) The Department shall establish, by rule, a procedure to 
conduct interim
on-site review of large or complex construction 
projects.

    (i) The Department shall establish, by rule, an expedited 
process for
emergency repairs or replacement of like equipment.

    (j) Nothing in this Section shall be construed to apply to 
maintenance,
upkeep, or renovation that does not affect the 
structural integrity of the
building, does not add beds or 
services over the number for which the
long-term care facility 
is licensed, and provides a reasonable degree of safety
for the 
residents.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 
    (210 ILCS 48/Act rep.) 
    Section 6-187. The Specialized Mental Health 
Rehabilitation Act is repealed.
 
    Section 6-190. The Home Health, Home Services, and Home 
Nursing Agency Licensing Act is amended  by changing Section 
2.08 as follows:
 


    (210 ILCS 55/2.08)


    Sec. 2.08. "Home services agency" means an agency that 
provides services directly, or acts as a placement agency, for 
the purpose of placing individuals as workers providing home 
services for consumers in their personal residences.  "Home 
services agency" does not include agencies licensed under the 
Nurse Agency Licensing Act, the Hospital Licensing Act, the 
Nursing Home Care Act, the ID/DD Community Care Act, the 
Specialized Mental Health Rehabilitation Act of 2013, or the 
Assisted Living and Shared Housing Act and does not include an 
agency that limits its business exclusively to providing 
housecleaning services.  Programs providing services 
exclusively through the Community Care Program of the Illinois 
Department on Aging, the Department of Human Services Office of 
Rehabilitation Services, or the United States Department of 
Veterans Affairs are not considered to be a home services 
agency under this Act.

(Source: P.A. 96-339, eff. 7-1-10; 96-577, eff. 8-18-09; 
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 
97-813, eff. 7-13-12.)
 
    Section 6-195. The Hospice Program Licensing Act is amended  
by changing Sections 3 and 4 as follows:
 


    (210 ILCS 60/3)  (from Ch. 111 1/2, par. 6103)




    Sec. 3. Definitions. As used in this Act, unless the 
context otherwise
requires:

    (a) "Bereavement" means the period of time during which the 
hospice
patient's family experiences and adjusts to the death 
of the hospice patient.

    (a-5) "Bereavement services" means counseling services 
provided to an individual's family after the individual's 
death.
    (a-10) "Attending physician" means a physician who:
        (1) is a doctor of medicine or osteopathy; and
        (2) is identified by an individual, at the time the 
    individual elects to receive hospice care, as having the 
    most significant role in the determination and delivery of 
    the individual's medical care.

    (b) "Department" means the Illinois Department of Public 
Health.

    (c) "Director" means the Director of the Illinois 
Department of Public
Health.

    (d) "Hospice care" means a program of palliative care that 
provides for the physical, emotional, and spiritual care needs 
of a terminally ill patient and his or her family.  The goal of 
such care is to achieve the highest quality of life as defined 
by the patient and his or her family through the relief of 
suffering and control of symptoms.

    (e) "Hospice care team" means an interdisciplinary group or 
groups composed of individuals who provide or supervise the 
care and services offered by the hospice.

    (f) "Hospice patient" means a terminally ill person 
receiving hospice
services.

    (g) "Hospice patient's family" means a hospice patient's 
immediate family
consisting of a spouse, sibling, child, parent 
and those individuals designated
as such by the patient for the 
purposes of this Act.

    (g-1) "Hospice residence" means a separately licensed 
home, apartment building, or similar
building providing living 
quarters:


        (1) that is owned or operated by a person licensed to 
    operate as a comprehensive

hospice; and


        (2) at which hospice services are provided to facility 
    residents.

    A building that is licensed under the Hospital Licensing 
Act, the Nursing
Home Care Act, the Specialized Mental Health 
Rehabilitation Act of 2013, or the ID/DD Community Care Act is 
not a hospice residence.

    (h) "Hospice services" means a range of professional and 
other supportive services provided to a hospice patient and his 
or her family.  These services may include, but are not limited 
to, physician services, nursing services, medical social work 
services, spiritual counseling services, bereavement services, 
and volunteer services.

    (h-5) "Hospice program" means a licensed public agency or 
private organization, or a subdivision of either of those, that 
is primarily engaged in providing care to terminally ill 
individuals through a program of home care or inpatient care, 
or both home care and inpatient care, utilizing a medically 
directed interdisciplinary hospice care team of professionals 
or volunteers, or both professionals and volunteers. A hospice 
program may be licensed as a comprehensive hospice program or a 
volunteer hospice program.

    (h-10) "Comprehensive hospice" means a program that 
provides hospice services and meets the minimum standards for 
certification under the Medicare program set forth in the 
Conditions of Participation in 42 CFR Part 418 but is not 
required to be Medicare-certified.

    (i) "Palliative care" means the management of pain and 
other distressing symptoms that incorporates medical, nursing, 
psychosocial, and spiritual care according to the needs, 
values, beliefs, and culture or cultures of the patient and his 
or her family.  The evaluation and treatment is 
patient-centered, with a focus on the central role of the 
family unit in decision-making.

    (j) "Hospice service plan" means a plan detailing the 
specific hospice
services offered by a comprehensive or 
volunteer
hospice program, and the administrative
and direct 
care personnel responsible for those services.  The plan shall

include but not be limited to:


        (1) Identification of the person or persons 
    administratively responsible
for the program.


        (2) The estimated average monthly patient census.


        (3) The proposed geographic area the hospice will 
    serve.


        (4) A listing of those hospice services provided 
    directly by the hospice,
and those hospice services 
    provided indirectly through a contractual agreement.


        (5) The name and qualifications of those persons or 
    entities under
contract
to provide indirect hospice 
    services.


        (6) The name and qualifications of those persons 
    providing direct hospice
services, with the exception of 
    volunteers.


        (7) A description of how the hospice plans to utilize 
    volunteers in the
provision of hospice services.


        (8) A description of the program's record keeping 
    system.

    (k) "Terminally ill" means a medical prognosis by a 
physician licensed
to practice medicine in all of its branches 
that a patient has an anticipated
life expectancy of one year 
or less.

    (l) "Volunteer" means a person who offers his or her 
services to a hospice
without compensation.  Reimbursement for a 
volunteer's expenses in providing
hospice service shall not be 
considered compensation.

    (l-5) "Employee" means a paid or unpaid member of the staff 
of a hospice program, or, if the hospice program is a 
subdivision of an agency or organization, of the agency or 
organization, who is appropriately trained and assigned to the 
hospice program. "Employee" also means a volunteer whose duties 
are prescribed by the hospice program and whose performance of 
those duties is supervised by  the hospice program.
    (l-10) "Representative" means an individual who has been 
authorized under
State law to terminate an individual's medical 
care or to elect or revoke the election of hospice care on 
behalf of a terminally ill individual who is mentally or 
physically incapacitated.

    (m) "Volunteer hospice" means a program which provides 
hospice services
to patients regardless of their ability to 
pay, with emphasis on the
utilization of volunteers to provide 
services, under the administration of
a not-for-profit agency.  
This definition does not prohibit the employment of
staff.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 


    (210 ILCS 60/4)  (from Ch. 111 1/2, par. 6104)




    Sec. 4. License. 

    (a) No person shall establish, conduct or maintain a 
comprehensive or volunteer hospice program without first 
obtaining a license from the
Department.  A hospice residence 
may be operated only at the locations listed
on the license.  A 
comprehensive hospice program owning or operating a hospice 
residence is not
subject to the provisions of the Nursing Home 
Care Act, the Specialized Mental Health Rehabilitation Act of 
2013, or the ID/DD Community Care Act in owning or operating a

hospice residence.

    (b) No public or private agency shall advertise or present 
itself to the
public as a  comprehensive or volunteer hospice 
program which provides hospice services without
meeting the 
provisions of subsection (a).

    (c) The license shall be valid only in the possession
of 
the hospice to which it was originally issued and shall not be

transferred or assigned to any other person, agency, or 
corporation.

    (d) The license shall be renewed annually.

    (e) The license shall be displayed in a conspicuous place 
inside the hospice
program office.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 
    Section 6-200. The Hospital Licensing Act is amended  by 
changing Sections 3 and 6.09 as follows:
 


    (210 ILCS 85/3)


    Sec. 3. As used in this Act: 

    (A) "Hospital" means any institution, place, building, 
buildings on a campus, or agency, public
or private, whether 
organized for profit or not, devoted primarily to the

maintenance and operation of facilities for the diagnosis and 
treatment or
care of 2 or more unrelated persons admitted for 
overnight stay or longer
in order to obtain medical, including 
obstetric, psychiatric and nursing,
care of illness, disease, 
injury, infirmity, or deformity.

    The term "hospital", without regard to length of stay, 
shall also
include:


        (a) any facility which is devoted primarily to 
    providing psychiatric and
related services and programs 
    for the diagnosis and treatment or care of
2 or more 
    unrelated persons suffering from emotional or nervous 
    diseases;


        (b) all places where pregnant females are received, 
    cared for, or
treated during delivery irrespective of the 
    number of patients received.

    The term "hospital" includes general and specialized 
hospitals,
tuberculosis sanitaria, mental or psychiatric 
hospitals and sanitaria, and
includes maternity homes, 
lying-in homes, and homes for unwed mothers in
which care is 
given during delivery.

    The term "hospital" does not include:


        (1) any person or institution
required to be licensed 
    pursuant to the Nursing Home Care Act, the Specialized 
    Mental Health Rehabilitation Act of 2013, or the ID/DD 
    Community Care Act;


        (2) hospitalization or care facilities maintained by 
    the State or any
department or agency thereof, where such 
    department or agency has authority
under law to establish 
    and enforce standards for the hospitalization or
care 
    facilities under its management and control;


        (3) hospitalization or care facilities maintained by 
    the federal
government or agencies thereof;


        (4) hospitalization or care facilities maintained by 
    any university or
college established under the laws of 
    this State and supported principally
by public funds raised 
    by taxation;


        (5) any person or facility required to be licensed 
    pursuant to the
Alcoholism and Other Drug Abuse and 
    Dependency Act;


        (6) any facility operated solely by and for persons who 
    rely
exclusively upon treatment by spiritual means through 
    prayer, in accordance
with the creed or tenets of any 
    well-recognized church or religious
denomination;


        (7) an Alzheimer's disease management center 
    alternative health care
model licensed under the 
    Alternative Health Care Delivery Act; or

        (8) any veterinary hospital or clinic operated by a 
    veterinarian or veterinarians licensed under the 
    Veterinary Medicine and Surgery Practice Act of 2004 or 
    maintained by a State-supported or publicly funded 
    university or college. 
    (B) "Person" means the State, and any political subdivision 
or municipal
corporation, individual, firm, partnership, 
corporation, company,
association, or joint stock association, 
or the legal successor thereof.

    (C) "Department" means the Department of Public Health of 
the State of
Illinois.

    (D) "Director" means the Director of Public Health of
the 
State of Illinois.

    (E) "Perinatal" means the period of time
between the 
conception of an
infant and the end of the first month after 
birth.

    (F) "Federally designated organ procurement agency" means 
the organ
procurement agency designated by the Secretary of the 
U.S. Department of Health
and Human Services for the service 
area in which a hospital is located; except
that in the case of 
a hospital located in a county adjacent to Wisconsin
which 
currently contracts with an organ procurement agency located in 
Wisconsin
that is not the organ procurement agency designated 
by the U.S. Secretary of
Health and Human Services for the 
service area in which the hospital is
located, if the hospital 
applies for a waiver pursuant to 42 USC
1320b-8(a), it may 
designate an organ procurement agency
located in Wisconsin to 
be thereafter deemed its federally designated organ

procurement agency for the purposes of this Act.

    (G) "Tissue bank" means any facility or program operating 
in Illinois
that is certified by the American Association of 
Tissue Banks or the Eye Bank
Association of America and is 
involved in procuring, furnishing, donating,
or distributing 
corneas, bones, or other human tissue for the purpose of

injecting, transfusing, or transplanting any of them into the 
human body.
"Tissue bank" does not include a licensed blood 
bank.  For the purposes of this
Act, "tissue" does not include 
organs.

    (H) "Campus", as this terms applies to operations, has the 
same meaning as the term "campus" as set forth in federal 
Medicare regulations, 42 CFR 413.65. 
(Source: P.A. 96-219, eff. 8-10-09; 96-339, eff. 7-1-10; 
96-1000, eff. 7-2-10; 96-1515, eff. 2-4-11; 97-38, eff. 
6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    (210 ILCS 85/6.09)  (from Ch. 111 1/2, par. 147.09)
    Sec. 6.09. (a) In order to facilitate the orderly 
transition of aged
and disabled patients from hospitals to 
post-hospital care, whenever a
patient who qualifies for the

federal Medicare program is hospitalized, the patient shall be 
notified
of discharge at least
24 hours prior to discharge from

the hospital. With regard to pending discharges to  a skilled 
nursing facility, the hospital must notify the case 
coordination unit, as defined in 89 Ill. Adm. Code 240.260, at 
least 24 hours prior to discharge or, if home health services 
are  ordered, the hospital must inform its designated case 
coordination unit, as defined in 89 Ill. Adm. Code 240.260, of 
the pending discharge and must provide the patient with the 
case coordination unit's telephone number and other contact 
information.

    (b) Every hospital shall develop procedures for a physician 
with medical
staff privileges at the hospital or any 
appropriate medical staff member to
provide the discharge 
notice prescribed in subsection (a) of this Section. The 
procedures must include prohibitions against discharging or 
referring a patient to any of the following if unlicensed, 
uncertified, or unregistered: (i) a board and care facility, as 
defined in the Board and Care Home Act; (ii) an assisted living 
and shared housing establishment, as defined in the Assisted 
Living and Shared Housing Act;  (iii) a facility licensed under 
the Nursing Home Care Act, the Specialized Mental Health 
Rehabilitation Act of 2013, or the ID/DD Community Care Act; 
(iv) a supportive living facility, as defined in Section 
5-5.01a of the Illinois Public Aid Code;  or (v) a free-standing 
hospice facility licensed under the Hospice Program Licensing 
Act if licensure, certification, or registration is required.  
The Department of Public Health shall annually provide 
hospitals with a list of licensed, certified, or registered 
board and care facilities, assisted living and shared housing 
establishments, nursing homes, supportive living facilities, 
facilities licensed under the ID/DD Community Care Act or the 
Specialized Mental Health Rehabilitation Act of 2013, and 
hospice facilities. Reliance upon this list by a hospital shall 
satisfy compliance with this requirement.
The procedure may 
also include a waiver for any case in which a discharge
notice 
is not feasible due to a short length of stay in the hospital 
by the patient,
or for any case in which the patient 
voluntarily desires to leave the
hospital before the expiration 
of the
24 hour period.
    (c) At least
24 hours prior to discharge from the hospital, 
the
patient shall receive written information on the patient's 
right to appeal the
discharge pursuant to the
federal Medicare 
program, including the steps to follow to appeal
the discharge 
and the appropriate telephone number to call in case the

patient intends to appeal the discharge.
    (d) Before  transfer of a patient to a long term care 
facility licensed under the Nursing Home Care Act where elderly 
persons reside, a hospital shall as soon as practicable 
initiate a name-based criminal history background check by 
electronic submission to the Department of  State Police for all 
persons between the ages of 18 and 70 years; provided, however, 
that a hospital shall be required to initiate such a background 
check only with respect to patients who:
        (1) are transferring to a long term care facility for 
    the first time;
        (2) have been in the hospital more than 5 days;
        (3) are reasonably expected to remain at the long term 
    care facility for more than 30 days;
        (4) have a known history of serious mental illness or 
    substance abuse; and
        (5) are independently ambulatory or mobile for more 
    than a temporary period of time.
    A hospital may also request a criminal history background 
check for a patient who does not meet any of the criteria set 
forth in items (1) through (5).
    A hospital shall notify a long term care facility if the 
hospital  has initiated a criminal history background check on a 
patient being discharged to that facility. In all circumstances 
in which the hospital is required by this subsection to 
initiate the criminal history background check, the transfer to 
the long term care facility may proceed regardless of the 
availability of criminal history results. Upon receipt of the 
results, the hospital shall promptly forward the results to the 
appropriate long term care facility. If the results of the 
background check are inconclusive, the hospital shall have no 
additional duty or obligation to seek additional information 
from, or about, the patient. 
(Source: P.A. 96-339, eff. 7-1-10; 96-1372, eff. 7-29-10; 
97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 
7-13-12.)
 
    Section 6-205. The Language Assistance Services Act is 
amended  by changing Section 10 as follows:
 


    (210 ILCS 87/10)




    Sec. 10. Definitions. As used in this Act:

    "Department" means the Department of Public Health.

    "Interpreter" means a person fluent in English and in the 
necessary
language of the patient who can accurately speak, 
read, and readily interpret
the necessary second language, or a 
person who can accurately sign and read
sign language.  
Interpreters shall have the ability to translate the names of

body parts and to describe completely symptoms and injuries in 
both languages.
Interpreters may include members of the medical 
or professional staff.

    "Language or communication barriers" means either of the 
following:


        (1) With respect to spoken language, barriers that are 
    experienced by
limited-English-speaking or 
    non-English-speaking
individuals who speak the same

    primary language, if those individuals constitute at least 
    5% of the
patients served by the health facility annually.


        (2) With respect to sign language, barriers that are 
    experienced by
individuals who are deaf and whose primary 
    language is sign language.

    "Health facility" means a hospital licensed under the 
Hospital Licensing Act,
 a long-term care facility licensed 
under the Nursing Home Care Act, or a facility licensed under 
the ID/DD Community Care Act or the Specialized Mental Health 
Rehabilitation Act of 2013.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 
    Section 6-210. The Community-Integrated Living 
Arrangements Licensure and
Certification Act is amended  by 
changing Section 4 as follows:
 


    (210 ILCS 135/4)  (from Ch. 91 1/2, par. 1704)




    Sec. 4. 
(a) Any community mental health or developmental 
services agency who
wishes to develop and support a variety of 
community-integrated living
arrangements may do so pursuant to 
a license issued by the Department under this Act.
However, 
programs established under or otherwise subject to the Child

Care Act of 1969, the Nursing Home Care Act, the Specialized 
Mental Health Rehabilitation Act of 2013, or the ID/DD 
Community Care Act, as now or
hereafter amended, shall remain

subject thereto, and this Act shall not be construed to limit 
the
application of those Acts.

    (b) The system of licensure established under this Act 
shall be for the purposes of:

        (1) Insuring that all recipients residing in 
    community-integrated living
arrangements are receiving 
    appropriate community-based services, including
treatment, 
    training and habilitation or rehabilitation;

        (2) Insuring that recipients' rights are protected and 
    that all programs
provided to and placements arranged for

    recipients comply with this Act, the Mental Health and 
    Developmental
Disabilities Code, and applicable Department 
    rules and regulations;

        (3) Maintaining the integrity of communities by 
    requiring regular
monitoring and inspection of placements 
    and other services provided in
community-integrated living 
    arrangements. 

    The licensure system shall be administered by a quality 
assurance unit
within the Department which shall be 
administratively independent of units
responsible for funding 
of agencies or community services.

    (c) As a condition of being licensed by the Department as a 
community
mental health or developmental services agency under 
this Act, the agency
shall certify to the Department that: 

        (1) All recipients residing in community-integrated 
    living arrangements
are receiving appropriate 
    community-based services, including treatment,
training 
    and habilitation or rehabilitation; 

        (2) All programs provided to and placements arranged 
    for recipients are
supervised by the agency; and

        (3) All programs provided to and placements arranged 
    for recipients
comply with this Act, the Mental Health and 
    Developmental Disabilities
Code, and applicable Department 
    rules and regulations.

    (d) An applicant for licensure as a community mental health 
or
developmental services agency under this Act shall submit an 
application
pursuant to the application process established by 
the Department by rule
and shall pay an application fee in an 
amount established by the
Department, which amount shall not be 
more than $200.

    (e) If an applicant meets the requirements established by 
the Department
to be licensed as a community mental health or 
developmental services
agency under this Act, after payment of 
the licensing fee, the Department
shall issue a license valid 
for 3 years from the date thereof unless
suspended or revoked 
by the Department or voluntarily surrendered by the agency.

    (f) Upon application to the Department, the Department may 
issue a
temporary permit to an applicant for a 6-month period 
to allow the holder
of such permit reasonable time to become 
eligible for a license under this Act.

    (g)(1) The Department may conduct site visits to an agency 
licensed under this
Act, or to any program or placement 
certified by the agency, and inspect
the records or premises, 
or both, of such agency, program or placement as
it deems 
appropriate, for the
purpose of determining compliance with 
this Act, the Mental Health and
Developmental Disabilities 
Code, and applicable Department rules and regulations.

    (2) If the Department determines that an agency licensed 
under this Act
is not in compliance with this Act or the rules 
and regulations promulgated
under this Act, the Department 
shall serve a notice of violation
upon the licensee.  Each 
notice of violation shall be prepared in writing
and shall 
specify the nature of the violation, the statutory provision or

rule alleged to have been violated, and that the licensee

submit a plan of correction to the Department if required.  The 
notice shall also
inform the licensee of any other action which 
the Department might take
pursuant to this Act and of the right 
to a hearing.

    (g-5)   As determined by the Department, a disproportionate 
number or percentage of licensure complaints; a 
disproportionate number or percentage of substantiated cases 
of abuse, neglect, or exploitation involving an agency; an 
apparent unnatural death of an individual served by an agency;  
any egregious or life-threatening abuse or neglect within an 
agency; or any other significant event as determined by the 
Department shall initiate a review of the agency's license by 
the Department, as well as a review of its service agreement 
for funding. The Department shall adopt rules to establish the 
process by which the determination to initiate a review shall 
be made and the timeframe to initiate a review upon the making 
of such determination. 
    (h) Upon the expiration of any license issued under this 
Act, a license
renewal application shall be required of and a 
license renewal fee in an
amount established by the Department 
shall be
charged to a community mental health or
developmental 
services agency, provided that such fee shall not be more than 
$200.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-441, eff. 8-19-11; 97-813, eff. 7-13-12.)

 
    Section 6-215. The Child Care Act of 1969 is amended  by 
changing Section 2.06 as follows:
 


    (225 ILCS 10/2.06)  (from Ch. 23, par. 2212.06)




    Sec. 2.06. 
"Child care institution" means a child care 
facility where more than
7 children are received and maintained 
for the purpose of providing them
with care or training or 
both. The term "child care institution"
includes residential 
schools, primarily serving ambulatory handicapped
children, 
and those operating a full calendar year, but does not
include:

    (a) Any State-operated institution for child care 
established by
legislative action;

    (b) Any juvenile detention or shelter care home established 
and operated by any
county or child protection district 
established under the "Child
Protection Act";

    (c) Any institution, home, place or facility operating 
under a
license pursuant to the Nursing Home Care Act, the 
Specialized Mental Health Rehabilitation Act of 2013, or the 
ID/DD Community Care Act;

    (d) Any bona fide boarding school in which children are 
primarily
taught branches of education corresponding to those 
taught in public
schools, grades one through 12, or taught in 
public elementary schools,
high schools, or both elementary and 
high schools, and which operates on
a regular academic school 
year basis; or

    (e) Any facility licensed as a "group home"
as defined in 
this Act.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 
    Section 6-220. The Health Care Worker Background Check Act 
is amended  by changing Section 15 as follows:
 


    (225 ILCS 46/15)




    Sec. 15. Definitions. In this Act:

    "Applicant" means an individual seeking employment with a 
health care
employer who has received a bona fide conditional 
offer of employment.

    "Conditional offer of employment" means a bona fide offer 
of employment by a
health care employer to an applicant, which 
is contingent upon the receipt of a
report from the Department 
of Public Health indicating that the applicant does
not have a 
record of conviction of any of the criminal offenses enumerated 
in
Section 25.

    "Direct care" means the provision of nursing care or 
assistance with feeding,
dressing, movement, bathing, 
toileting, or other personal needs, including home services as 
defined in the Home Health, Home Services, and Home Nursing 
Agency Licensing Act.  The entity
responsible for inspecting and 
licensing, certifying, or registering the
health care employer 
may, by administrative rule, prescribe guidelines for

interpreting this definition with regard to the health care 
employers that it
licenses.

    "Disqualifying offenses" means those offenses set forth in 
Section 25 of this Act.
    "Employee" means any individual hired, employed, or 
retained to which this Act applies.
    "Fingerprint-based criminal history records check" means a 
livescan fingerprint-based criminal history records check 
submitted as a fee applicant inquiry in the form and manner 
prescribed by the Department of State Police.

    "Health care employer" means:

        (1) the owner or licensee of any of the
following:

            (i) a community living facility, as defined in the 
        Community Living
Facilities Act;

            (ii) a life care facility, as defined in the Life 
        Care Facilities Act;

            (iii) a long-term care facility;

            (iv) a home health agency, home services agency, or 
        home nursing agency as defined in the Home Health, Home 
        Services, and Home Nursing Agency Licensing
Act;

            (v) a hospice care program or volunteer hospice 
        program, as defined in the Hospice Program Licensing 
        Act;

            (vi) a hospital, as defined in the Hospital 
        Licensing Act;

            (vii) (blank);

            (viii) a nurse agency, as defined in the Nurse 
        Agency Licensing Act;

            (ix) a respite care provider, as defined in the 
        Respite Program Act;

            (ix-a) an establishment licensed under the 
        Assisted Living and Shared
Housing Act;

            (x) a supportive living program, as defined in the 
        Illinois Public Aid
Code;

            (xi) early childhood intervention programs as 
        described in 59 Ill. Adm.
Code 121;

            (xii) the University of Illinois Hospital, 
        Chicago;

            (xiii) programs funded by the Department on Aging 
        through the Community
Care Program;

            (xiv) programs certified to participate in the 
        Supportive Living Program
authorized pursuant to 
        Section 5-5.01a of the Illinois Public Aid Code;

            (xv) programs listed by the Emergency Medical 
        Services (EMS) Systems Act
as
Freestanding Emergency 
        Centers;

            (xvi) locations licensed under the Alternative 
        Health Care Delivery
Act;

        (2) a day training program certified by the Department 
    of Human Services;


        (3) a community integrated living arrangement operated 
    by a community
mental health and developmental service 
    agency, as defined in the
Community-Integrated Living 
    Arrangements Licensing and Certification Act; or

        (4) the State Long Term Care Ombudsman Program, 
    including any regional long term care ombudsman programs 
    under Section 4.04 of the Illinois Act on the Aging, only 
    for the purpose of securing background checks.

    "Initiate" means obtaining from
a student, applicant, or 
employee his or her social security number, demographics, a 
disclosure statement, and an authorization for the Department 
of Public Health or its designee to request a fingerprint-based 
criminal history records check; transmitting this information 
electronically to the Department of Public Health; conducting 
Internet searches on  certain web sites, including without 
limitation the  Illinois Sex Offender Registry, the Department 
of Corrections' Sex Offender Search Engine, the Department of 
Corrections' Inmate Search Engine, the Department of 
Corrections Wanted Fugitives Search Engine, the National Sex 
Offender Public Registry, and the website of the Health and 
Human Services Office of Inspector General to determine if the 
applicant has been adjudicated a sex offender, has been a 
prison inmate, or has committed Medicare or Medicaid fraud, or 
conducting similar searches as defined by rule; and having the 
student, applicant, or employee's fingerprints collected and 
transmitted electronically to the Department of  State Police.

    "Livescan vendor" means an entity whose equipment has been 
certified by the Department of  State Police to collect an 
individual's demographics and inkless fingerprints and, in a 
manner prescribed by the Department of State Police and the 
Department of Public Health, electronically transmit the 
fingerprints and required data to the Department of  State 
Police and a daily file of required data to the Department of 
Public Health.  The Department of Public Health shall negotiate 
a contract with one or more vendors that effectively 
demonstrate that the vendor has 2 or more years of experience 
transmitting fingerprints electronically to the Department of 
State Police and that the vendor can successfully transmit the 
required data in a manner prescribed by the Department of 
Public Health.  Vendor authorization may be further defined by 
administrative rule.

    "Long-term care facility" means a facility licensed by the 
State or certified under federal law as a long-term care 
facility, including without limitation facilities licensed 
under the Nursing Home Care Act, the Specialized Mental Health 
Rehabilitation Act of 2013, or the ID/DD Community Care Act, a 
supportive living facility, an assisted living establishment, 
or a shared housing establishment or registered as a board and 
care home.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 
    Section 6-225. The Nursing Home Administrators Licensing 
and Disciplinary Act is amended  by changing Sections 4 and 17 
as follows:
 


    (225 ILCS 70/4)  (from Ch. 111, par. 3654)



    (Section scheduled to be repealed on January 1, 2018)

    Sec. 4. Definitions. For purposes of this Act, the 
following
definitions shall have the following meanings, 
except where the context
requires otherwise:


        (1) "Act" means the Nursing Home Administrators 
    Licensing and
Disciplinary Act.


        (2) "Department" means the Department of Financial and

    Professional
Regulation.


        (3) "Secretary"
means the Secretary
 of Financial and 
    Professional
Regulation.


        (4) "Board" means the Nursing Home Administrators 
    Licensing
and Disciplinary Board appointed by the 
    Governor.


        (5) "Nursing home administrator" means the individual 
    licensed
under this
Act and directly responsible for 
    planning, organizing, directing and
supervising the 
    operation of a nursing home, or who in fact performs such

    functions, whether or not such functions are delegated to 
    one or more
other persons.


        (6) "Nursing home" or "facility" means any entity that 
    is required to be
licensed by the Department of Public 
    Health under the Nursing Home
Care Act, as amended, other 
    than a sheltered care home as
defined thereunder, and 
    includes private homes, institutions,
buildings,

    residences, or other places, whether operated for profit or 
    not,
irrespective of the names attributed to them, county 
    homes for the infirm
and chronically ill operated pursuant 
    to the County Nursing Home Act, as
amended, and any similar 
    institutions operated by a political subdivision
of the 
    State of Illinois that provide, though their ownership or

    management, maintenance, personal care, and nursing for 3 
    or more persons,
not related to the owner by blood or 
    marriage, or any similar facilities in
which maintenance is 
    provided to 3 or more persons who by reason of illness
of 
    physical infirmity require personal care and nursing. The 
    term also means any facility licensed under the ID/DD 
    Community Care Act or the Specialized Mental Health 
    Rehabilitation Act of 2013.


        (7) "Maintenance" means food, shelter and laundry.


        (8) "Personal care" means assistance with meals, 
    dressing,
movement,
bathing, or other personal needs, or 
    general supervision of
the physical and
mental well-being 
    of an individual who because of age, physical, or mental

    disability, emotion or behavior disorder, or an 
    intellectual disability is
incapable of managing his or her 
    person, whether or not a guardian has been
appointed for 
    such individual. For the purposes of this Act, this

    definition does not include the professional services of a 
    nurse.


        (9) "Nursing" means professional nursing or practical 
    nursing,
as those terms are defined in the Nurse Practice 
    Act,
for sick or infirm persons who are under the care
and 
    supervision of licensed physicians or dentists.


        (10) "Disciplinary action" means revocation, 
    suspension,
probation, supervision, reprimand, required 
    education, fines or
any other action taken by the 
    Department against a person holding a
license.


        (11) "Impaired" means the inability to practice with

    reasonable skill and
safety due to physical or mental 
    disabilities as evidenced by a written
determination or 
    written consent based on clinical evidence including

    deterioration through the aging process or loss of motor 
    skill, or abuse of
drugs or alcohol, of sufficient degree 
    to diminish a person's ability to
administer a nursing 
    home.
        (12) "Address of record" means the designated address 
    recorded by the Department in the applicant's or licensee's 
    application file or license file maintained by the 
    Department's licensure maintenance unit.  It is the duty of 
    the applicant or licensee to inform the Department of any 
    change of address, and such changes must be made either 
    through the Department's website or by contacting the 
    Department's licensure maintenance unit.


(Source: P.A. 96-328, eff. 8-11-09; 96-339, eff. 7-1-10; 97-38, 
eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)

 
    (225 ILCS 70/17)  (from Ch. 111, par. 3667)
    Sec. 17. Grounds for disciplinary action. 
    (a) The Department may impose fines not to exceed $10,000
 
or may
refuse to issue or to renew, or may revoke, suspend, 
place on probation,
censure, reprimand or take other 
disciplinary or non-disciplinary action with regard to the

license of any person, for any one or combination
of the 
following causes:
        (1) Intentional material misstatement in furnishing 
    information
to
the Department.
        (2) Conviction of or entry of a plea of guilty or nolo 
    contendere to any crime that is a felony under the laws of 
    the United States
or any
state or territory thereof or
 a 
    misdemeanor of which an
essential element is dishonesty or 
    that is directly
related to the practice of the profession 
    of nursing home administration.
        (3) Making any misrepresentation for the purpose of 
    obtaining
a license,
or violating any provision of this 
    Act.
        (4) Immoral conduct in the commission of any act, such 
    as
sexual abuse or
sexual misconduct, related to the 
    licensee's practice.
        (5) Failing to respond within 30
 days, to a
written 
    request made by the Department for information.
        (6) Engaging in dishonorable, unethical or 
    unprofessional
conduct of a
character likely to deceive, 
    defraud or harm the public.
        (7) Habitual use or addiction to alcohol, narcotics,

    stimulants, or any
other chemical agent or drug which 
    results in the inability to practice
with reasonable 
    judgment, skill or safety.
        (8) Discipline by another U.S. jurisdiction if at
least 
    one of the grounds for the discipline is the same or 
    substantially
equivalent to those set forth herein.
        (9) A finding by the Department that the licensee, 
    after having
his or her license
placed on probationary 
    status has violated the terms of probation.
        (10) Willfully making or filing false records or 
    reports in
his or her
practice,
including but not limited 
    to false records filed with State agencies or
departments.
        (11) Physical illness, mental illness, or other 
    impairment or disability, including, but not limited to,

    deterioration
through the aging process, or loss of motor 
    skill that results in
the
inability to practice the 
    profession with reasonable judgment, skill or safety.
        (12) Disregard or violation of this Act or of any rule

    issued pursuant to this Act.
        (13) Aiding or abetting another in the violation of 
    this Act
or any rule
or regulation issued pursuant to this 
    Act.
        (14) Allowing one's license to be used by an unlicensed

    person.
        (15) (Blank).

        (16) Professional incompetence in the practice of 
    nursing
home administration.
        (17) Conviction of a violation of Section 12-19 or 
    subsection (a) of Section 12-4.4a of the
Criminal Code of

    1961 or the Criminal Code of 2012 for the abuse and 
    criminal neglect of a long term care facility resident.
        (18) Violation of the Nursing Home Care Act, the 
    Specialized Mental Health Rehabilitation Act of 2013, or 
    the ID/DD Community Care Act or of any rule
issued under 
    the Nursing Home Care Act, the Specialized Mental Health 
    Rehabilitation Act of 2013, or the ID/DD Community Care 
    Act. A final adjudication of a Type  "AA" violation of the 
    Nursing Home Care Act made by the Illinois Department of 
    Public Health, as identified by rule, relating to the 
    hiring, training, planning, organizing, directing, or 
    supervising the operation of a nursing home and a 
    licensee's failure to comply with this  Act or the rules 
    adopted under this Act, shall create a rebuttable 
    presumption of a violation of this subsection. 
        (19)   Failure to report to the Department any adverse 
    final action taken against the licensee by a licensing 
    authority of another state, territory of the United States, 
    or foreign country; or by any governmental or law 
    enforcement agency; or by any court for acts or conduct 
    similar to acts or conduct that would constitute grounds 
    for disciplinary action under this Section. 
        (20)   Failure to report to the Department the surrender 
    of a license or authorization to practice as a nursing home 
    administrator in another state or jurisdiction for acts or 
    conduct similar to acts or conduct that would constitute 
    grounds for disciplinary action under this Section.
        (21)   Failure to report to the Department any adverse 
    judgment, settlement, or award arising from a liability 
    claim related to acts or conduct similar to acts or conduct 
    that  would constitute  grounds for disciplinary action 
    under this Section. 
    All proceedings to suspend, revoke, place on
probationary 
status, or take any other disciplinary action
as the Department 
may deem proper, with regard to a license
on any of the 
foregoing grounds, must be commenced within
5
 years next after 
receipt by the Department of (i) a
complaint
alleging the 
commission of or notice of the conviction order
for any of the 
acts described herein or (ii) a referral for investigation

under
Section 3-108 of the Nursing Home Care Act.
    The entry of an order or judgment by any circuit court 
establishing that
any person holding a license under this Act 
is a person in need of mental
treatment operates as a 
suspension of that license.  That person may resume
their 
practice only upon the entry of a Department order based upon a

finding by the Board that they have been determined to
be 
recovered from mental illness by the court and upon the
Board's 
recommendation that they be permitted to resume their practice.
    The Department, upon the recommendation of the
Board, may
 
adopt rules which set forth
standards to be used in determining 
what constitutes:
        (i)
 when a person will be deemed sufficiently

    rehabilitated to warrant the public trust;
        (ii)
 dishonorable, unethical or
unprofessional conduct 
    of a character likely to deceive,
defraud, or harm the 
    public;
        (iii)
 immoral conduct in the commission
of any act 
    related to the licensee's practice; and
        (iv)
 professional incompetence in the practice
of 
    nursing home administration.
    However, no such rule shall be admissible into evidence
in 
any civil action except for review of a licensing or
other 
disciplinary action under this Act.
    In enforcing this Section, the Department or Board, upon a 
showing of a
possible
violation,
may compel any individual 
licensed to practice under this
Act, or who has applied for 
licensure
pursuant to this Act, to submit to a mental or 
physical
examination, or both, as required by and at the 
expense of
the Department.  The examining physician or 
physicians shall
be those specifically designated by the 
Department or Board.
The Department or Board may order the 
examining physician to present
testimony
concerning this 
mental or physical examination of the licensee or applicant. No

information shall be excluded by reason of any common law or 
statutory
privilege relating to communications between the 
licensee or applicant and the
examining physician.
The 
individual to be examined may have, at his or her own
expense, 
another physician of his or her choice present
during all 
aspects of the examination.  Failure of any
individual to submit 
to mental or physical examination, when
directed, shall be 
grounds for suspension of his or her
license until such time as 
the individual submits to the
examination if the Department 
finds, after notice
and hearing, that the refusal to submit to 
the examination
was without reasonable cause.
    If the Department or Board
finds an individual unable to 
practice
because of the reasons
set forth in this Section, the 
Department or Board shall
require such individual to submit to 
care, counseling, or
treatment by physicians approved or 
designated by the
Department or Board, as a condition, term, or 
restriction for
continued,
reinstated, or renewed licensure to 
practice; or in lieu of care, counseling,
or
treatment, the 
Department may file, or the Board may recommend to the

Department to
file, a complaint to
immediately suspend, revoke, 
or otherwise discipline the license of the
individual.
Any 
individual whose license was granted pursuant to
this Act or 
continued, reinstated, renewed,
disciplined or supervised, 
subject to such terms, conditions
or restrictions who shall 
fail to comply with such terms,
conditions or restrictions

shall be referred to the Secretary
 for a
determination as to 
whether the licensee shall have his or her
license suspended 
immediately, pending a hearing by the
Department. In instances 
in which the Secretary

immediately suspends a license under 
this Section, a hearing
upon such person's license must be 
convened by the
Board within 30
 days after such suspension and

completed without appreciable delay.  The Department and Board

shall have the authority to review the subject administrator's

record of treatment and counseling regarding the impairment,
to 
the extent permitted by applicable federal statutes and

regulations safeguarding the confidentiality of medical 
records.
    An individual licensed under this Act, affected under
this 
Section, shall be afforded an opportunity to
demonstrate to the 
Department or Board that he or she can
resume
practice in 
compliance with acceptable and prevailing
standards under the 
provisions of his or her license.
    (b) Any individual or
organization acting in good faith, 
and not in a wilful and
wanton manner, in complying with this 
Act by providing any
report or other information to the 
Department, or
assisting in the investigation or preparation of 
such
information, or by participating in proceedings of the

Department, or by serving as a member of the
Board, shall not, 
as a result of such actions,
be subject to criminal prosecution 
or civil damages.
    (c) Members of the Board, and persons
retained under 
contract to assist and advise in an investigation,
shall be 
indemnified by the State for any actions
occurring within the 
scope of services on or for the Board, done in good
faith
and 
not wilful and wanton in
nature.  The Attorney General shall 
defend all such actions
unless he or she determines either that 
there would be a
conflict of interest in such representation or 
that the
actions complained of were not in good faith or were 
wilful and wanton.
    Should the Attorney General decline representation,
a 
person entitled to indemnification under this Section shall 
have the
right to employ counsel of his or her
choice, whose 
fees shall be provided by the State, after
approval by the 
Attorney General, unless there is a
determination by a court 
that the member's actions were not
in good faith or were wilful 
and wanton.
    A person entitled to indemnification under this
Section 
must notify the Attorney General within 7
days of receipt of 
notice of the initiation of any action
involving services of 
the Board.  Failure to so
notify the Attorney General shall 
constitute an absolute
waiver of the right to a defense and 
indemnification.
    The Attorney General shall determine within 7 days
after 
receiving such notice, whether he or she will undertake to 
represent
a
person entitled to indemnification under this 
Section.
    (d) The determination by a circuit court that a licensee is 
subject to
involuntary admission or judicial admission as 
provided in the Mental
Health and Developmental Disabilities 
Code, as amended, operates as an
automatic suspension.  Such 
suspension will end only upon a finding by a
court that the 
patient is no longer subject to involuntary admission or

judicial admission and issues an order so finding and 
discharging the
patient; and upon the recommendation of the 
Board to the Secretary
 that
the licensee be allowed to resume 
his or her practice.
    (e) The Department may refuse to issue or may suspend the 
license of
any person who fails to file a return, or to pay the 
tax, penalty or
interest shown in a filed return, or to pay any 
final assessment of tax,
penalty or interest, as required by 
any tax Act administered by the Department of Revenue, until 
such time as the requirements of any
such tax Act are 
satisfied.
    (f) The Department of Public Health shall transmit to the

Department a list of those facilities which receive an "A" 
violation as
defined in Section 1-129 of the Nursing Home Care 
Act.
(Source: P.A. 96-339, eff. 7-1-10; 96-1372, eff. 7-29-10; 
96-1551, eff. 7-1-11; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
    Section 6-230. The Pharmacy Practice Act is amended  by 
changing Section 3 as follows:
 
 

    (225 ILCS 85/3)

 
    (Section scheduled to be repealed on January 1, 2018)

    Sec. 3. Definitions. For the purpose of this Act, except 
where otherwise
limited therein:

    (a) "Pharmacy" or "drugstore" means and includes every 
store, shop,
pharmacy department, or other place where 
pharmacist
 care is
provided
by a pharmacist (1) where drugs, 
medicines, or poisons are
dispensed, sold or
offered for sale 
at retail, or displayed for sale at retail; or
(2)
where

prescriptions of physicians, dentists, advanced practice 
nurses, physician assistants, veterinarians, podiatrists, or
 
optometrists, within the limits of their
licenses, are

compounded, filled, or dispensed; or (3) which has upon it or

displayed within
it, or affixed to or used in connection with 
it, a sign bearing the word or
words "Pharmacist", "Druggist", 
"Pharmacy", "Pharmaceutical
Care", "Apothecary", "Drugstore",

"Medicine Store", "Prescriptions", "Drugs", "Dispensary", 
"Medicines", or any word
or words of similar or like import, 
either in the English language
or any other language; or (4) 
where the characteristic prescription
sign (Rx) or similar 
design is exhibited; or (5) any store, or
shop,
or other place 
with respect to which any of the above words, objects,
signs or 
designs are used in any advertisement.

    (b) "Drugs" means and includes (l) articles recognized
in 
the official United States Pharmacopoeia/National Formulary 
(USP/NF),
or any supplement thereto and being intended for and 
having for their
main use the diagnosis, cure, mitigation, 
treatment or prevention of
disease in man or other animals, as 
approved by the United States Food and
Drug Administration, but 
does not include devices or their components, parts,
or 
accessories; and (2) all other articles intended
for and having 
for their main use the diagnosis, cure, mitigation,
treatment 
or prevention of disease in man or other animals, as approved

by the United States Food and Drug Administration, but does not 
include
devices or their components, parts, or accessories; and 
(3) articles
(other than food) having for their main use and 
intended
to affect the structure or any function of the body of 
man or other
animals; and (4) articles having for their main 
use and intended
for use as a component or any articles 
specified in clause (l), (2)
or (3); but does not include 
devices or their components, parts or
accessories.

    (c) "Medicines" means and includes all drugs intended for

human or veterinary use approved by the United States Food and 
Drug
Administration.

    (d) "Practice of pharmacy" means (1) the interpretation and 
the provision of assistance in the monitoring, evaluation, and 
implementation of prescription drug orders; (2) the dispensing 
of prescription drug orders; (3) participation in drug and 
device selection; (4) drug administration limited to the 
administration of oral, topical, injectable, and inhalation as 
follows:  in the context of patient education on the proper use 
or delivery of medications; vaccination of patients 14 years of 
age and older pursuant to a valid prescription or standing 
order, by a physician licensed to practice medicine in all its 
branches, upon completion of appropriate training, including 
how to address contraindications and adverse reactions set 
forth by rule, with notification to the patient's physician and 
appropriate record retention, or pursuant to hospital pharmacy 
and therapeutics committee policies and procedures; (5) 
vaccination of patients ages 10 through 13 limited to the 
Influenza (inactivated influenza vaccine and live attenuated 
influenza intranasal vaccine) and Tdap (defined as tetanus, 
diphtheria, acellular pertussis) vaccines, pursuant to a valid 
prescription or standing order, by a physician licensed to 
practice medicine in all its branches, upon completion of 
appropriate training, including how to address 
contraindications and adverse reactions set forth by rule, with 
notification to the patient's physician and appropriate record 
retention, or pursuant to hospital pharmacy and therapeutics 
committee policies and procedures; (6) drug regimen review; (7) 
drug or drug-related research; (8) the provision of patient 
counseling; (9) the practice of telepharmacy; (10) the 
provision of those acts or services necessary to provide 
pharmacist care; (11) medication therapy management; and (12) 
the responsibility for compounding and labeling of drugs and 
devices (except labeling by a manufacturer, repackager, or 
distributor of non-prescription drugs and commercially 
packaged legend drugs and devices), proper and safe storage of 
drugs and devices, and maintenance of required records. A 
pharmacist  who performs any of the acts defined as the practice 
of pharmacy in this State must be actively licensed as a 
pharmacist under this Act.


    (e) "Prescription" means and includes any written, oral, 
facsimile, or
electronically transmitted order for drugs
or 
medical devices, issued by a physician licensed to practice 
medicine in
all its branches, dentist, veterinarian, or 
podiatrist,  or
optometrist, within the
limits of their 
licenses, by a physician assistant in accordance with

subsection (f) of Section 4, or by an advanced practice nurse 
in
accordance with subsection (g) of Section 4, containing the

following: (l) name
of the patient; (2) date when prescription 
was issued; (3) name
and strength of drug or description of the 
medical device prescribed;
and (4) quantity; (5) directions for 
use; (6) prescriber's name,
address,
and signature; and (7) DEA 
number where required, for controlled
substances.
The 
prescription may, but is not required to, list the illness, 
disease, or condition for which the drug or device is being 
prescribed. DEA numbers shall not be required on inpatient drug 
orders.

    (f) "Person" means and includes a natural person, 
copartnership,
association, corporation, government entity, or 
any other legal
entity.

    (g) "Department" means the  Department of Financial and

Professional Regulation.

    (h) "Board of Pharmacy" or "Board" means the State Board
of 
Pharmacy of the Department of Financial and Professional 
Regulation.

    (i) "Secretary"
means the Secretary
 of Financial and 
Professional Regulation.

    (j) "Drug product selection" means the interchange for a

prescribed pharmaceutical product in accordance with Section 
25 of
this Act and Section 3.14 of the Illinois Food, Drug and 
Cosmetic Act.

    (k) "Inpatient drug order" means an order issued by an 
authorized
prescriber for a resident or patient of a facility 
licensed under the
Nursing Home Care Act, the ID/DD Community 
Care Act, the Specialized Mental Health Rehabilitation Act of 
2013, or the Hospital Licensing Act, or "An Act in relation to

the founding and operation of the University of Illinois 
Hospital and the
conduct of University of Illinois health care 
programs", approved July 3, 1931,
as amended, or a facility 
which is operated by the Department of Human
Services (as 
successor to the Department of Mental Health
and Developmental 
Disabilities) or the Department of Corrections.

    (k-5) "Pharmacist" means an individual health care 
professional and
provider currently licensed by this State to 
engage in the practice of
pharmacy.

    (l) "Pharmacist in charge" means the licensed pharmacist 
whose name appears
on a pharmacy license and who is responsible 
for all aspects of the
operation related to the practice of 
pharmacy.

    (m) "Dispense" or "dispensing" means the interpretation, 
evaluation, and implementation of a prescription drug order, 
including the preparation and delivery of a drug or device to a 
patient or patient's agent in a suitable container 
appropriately labeled for subsequent administration to or use 
by a patient in accordance with applicable State and federal 
laws and regulations.
  "Dispense" or "dispensing" does not mean 
the physical delivery to a patient or a
patient's 
representative in a home or institution by a designee of a 
pharmacist
or by common carrier.  "Dispense" or "dispensing" 
also does not mean the physical delivery
of a drug or medical 
device to a patient or patient's representative by a

pharmacist's designee within a pharmacy or drugstore while the 
pharmacist is
on duty and the pharmacy is open.

    (n) "Nonresident pharmacy"
means a pharmacy that is located 
in a state, commonwealth, or territory
of the United States, 
other than Illinois, that delivers, dispenses, or
distributes, 
through the United States Postal Service, commercially 
acceptable parcel delivery service, or other common
carrier, to 
Illinois residents, any substance which requires a 
prescription.

    (o) "Compounding" means the preparation and mixing of 
components, excluding flavorings, (1) as the result of a 
prescriber's prescription drug order or initiative based on the 
prescriber-patient-pharmacist relationship in the course of 
professional practice or (2) for the purpose of, or incident 
to, research, teaching, or chemical analysis and not for sale 
or dispensing. "Compounding" includes the preparation of drugs 
or devices in anticipation of receiving prescription drug 
orders based on routine, regularly observed dispensing 
patterns. Commercially available products may be compounded 
for dispensing to individual patients only if all of the 
following conditions are met:  (i) the commercial product is not 
reasonably available from normal distribution channels in a 
timely manner to meet the patient's needs and (ii) the 
prescribing practitioner has requested that the drug be 
compounded.

    (p) (Blank).


    (q) (Blank).


    (r) "Patient counseling" means the communication between a 
pharmacist or a student pharmacist under the supervision of a 
pharmacist and a patient or the patient's representative about 
the patient's medication or device for the purpose of 
optimizing proper use of prescription medications or devices.  
"Patient counseling" may include without limitation (1) 
obtaining a medication history; (2) acquiring a patient's 
allergies and health conditions; (3) facilitation of the 
patient's understanding of  the intended  use of the medication; 
(4) proper directions for use; (5) significant potential 
adverse events; (6) potential food-drug interactions;  and (7) 
the need to be compliant with the medication therapy.  A 
pharmacy technician may only participate in the following 
aspects of patient counseling under the  supervision of a 
pharmacist: (1) obtaining medication history; (2) providing 
the offer for counseling by a pharmacist or student pharmacist;  
and (3) acquiring a patient's allergies and health conditions.


    (s) "Patient profiles" or "patient drug therapy record" 
means the
obtaining, recording, and maintenance of patient 
prescription
information, including prescriptions for 
controlled substances, and
personal information.

    (t) (Blank).


    (u) "Medical device" means an instrument, apparatus, 
implement, machine,
contrivance, implant, in vitro reagent, or 
other similar or related article,
including any component part 
or accessory, required under federal law to
bear the label 
"Caution: Federal law requires dispensing by or on the order
of 
a physician". A seller of goods and services who, only for the 
purpose of
retail sales, compounds, sells, rents, or leases 
medical devices shall not,
by reasons thereof, be required to 
be a licensed pharmacy.

    (v) "Unique identifier" means an electronic signature, 
handwritten
signature or initials, thumb print, or other 
acceptable biometric
or electronic identification process as 
approved by the Department.

    (w) "Current usual and customary retail price" means the 
price that a pharmacy charges to a non-third-party payor.


    (x) "Automated pharmacy system" means a mechanical system 
located within the confines of the pharmacy or remote location 
that performs operations or activities, other than compounding 
or administration, relative to storage, packaging, dispensing, 
or distribution of medication, and which collects, controls, 
and maintains all transaction information.
    (y) "Drug regimen review" means and includes the evaluation 
of prescription drug orders and patient records for (1)
known 
allergies; (2) drug or potential therapy contraindications;

(3) reasonable dose, duration of use, and route of 
administration, taking into consideration factors such as age, 
gender, and contraindications; (4) reasonable directions for 
use; (5) potential or actual adverse drug reactions; (6) 
drug-drug interactions; (7) drug-food interactions; (8) 
drug-disease contraindications; (9) therapeutic duplication; 
(10) patient laboratory values when authorized and available; 
(11) proper utilization (including over or under utilization) 
and optimum therapeutic outcomes; and (12) abuse and misuse.

    (z) "Electronic transmission prescription" means any 
prescription order for which a facsimile  or electronic image of 
the order is electronically transmitted from a licensed 
prescriber to a pharmacy. "Electronic transmission 
prescription" includes both data and image prescriptions.

    (aa) "Medication therapy management services" means a 
distinct service or group of services offered by licensed 
pharmacists, physicians licensed to practice medicine in all 
its branches, advanced practice nurses authorized in a written 
agreement with a physician licensed to practice medicine in all 
its branches, or physician assistants authorized in guidelines 
by a supervising physician that optimize therapeutic outcomes 
for individual patients through improved medication use. In a 
retail or other non-hospital pharmacy, medication therapy 
management services shall consist of the evaluation of 
prescription drug orders and patient medication records to 
resolve conflicts with the following:
        (1) known allergies;
        (2) drug or potential  therapy contraindications;
        (3) reasonable dose, duration of use, and route of 
    administration, taking into consideration factors such as 
    age, gender, and contraindications;
        (4) reasonable directions for use;
        (5) potential or actual adverse drug reactions;
        (6) drug-drug interactions;
        (7) drug-food interactions;
        (8) drug-disease contraindications;
        (9) identification of therapeutic duplication;
        (10) patient laboratory values when authorized and 
    available;
        (11) proper utilization (including over or under 
    utilization) and optimum therapeutic outcomes; and
        (12) drug abuse and misuse.
    "Medication therapy management services" includes the 
following:
        (1) documenting the services delivered and 
    communicating the information provided to patients' 
    prescribers  within an appropriate time frame, not to exceed 
    48 hours;
        (2) providing patient counseling designed to enhance a 
    patient's understanding and the appropriate use of his or 
    her medications; and
        (3) providing information, support services, and 
    resources designed to enhance a patient's adherence with 
    his or her prescribed therapeutic regimens.
    "Medication therapy management services" may also include 
patient care functions authorized by a physician licensed to 
practice medicine in all its branches for his or her identified 
patient or groups of patients under specified conditions or 
limitations in a standing order from the physician.
    "Medication therapy management services" in a licensed 
hospital  may also include the following:
        (1) reviewing assessments of the patient's health 
    status; and
        (2) following protocols of a hospital pharmacy and 
    therapeutics committee with respect to the fulfillment of 
    medication orders.

    (bb) "Pharmacist care" means the provision by a pharmacist 
of medication therapy management services, with or without the 
dispensing of drugs or devices, intended to achieve outcomes 
that improve patient health, quality of life, and comfort and 
enhance patient safety.

    (cc) "Protected health information" means individually 
identifiable health information that, except as otherwise 
provided, is:

        (1) transmitted by electronic media;
        (2) maintained in any medium set forth in the 
    definition of "electronic media" in the federal Health 
    Insurance Portability and Accountability Act; or
        (3) transmitted or maintained in any other form or 
    medium.
    "Protected health information" does not include 
individually identifiable health information found in:
        (1) education records covered by the federal Family 
    Educational Right and Privacy Act; or
        (2) employment records held by a licensee in its role 
    as an employer.
    (dd) "Standing order" means a specific order for a patient 
or group of patients issued by a physician licensed to practice 
medicine in all its branches in Illinois.
    (ee) "Address of record" means the address recorded by the 
Department in the applicant's or licensee's application file or 
license file, as maintained by the Department's licensure 
maintenance unit.
    (ff) "Home pharmacy" means the location of a pharmacy's 
primary operations.

(Source: P.A. 96-339, eff. 7-1-10; 96-673, eff. 1-1-10; 
96-1000, eff. 7-2-10; 96-1353, eff. 7-28-10; 97-38, eff. 
6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12; 97-1043, 
eff. 8-21-12.)
 
    Section 6-235. The Nurse Agency Licensing Act is amended by 
changing Section 3 as follows:
 


    (225 ILCS 510/3)  (from Ch. 111, par. 953)



    Sec. 3. Definitions. As used in this Act:

    (a) "Certified nurse aide" means an individual certified as 
defined in
Section 3-206 of the Nursing Home Care Act, Section 
3-206 of the Specialized Mental Health Rehabilitation Act, or 
Section 3-206 of the ID/DD Community Care Act, as now or 
hereafter amended.

    (b) "Department" means the Department of Labor.

    (c) "Director" means the Director of Labor.

    (d) "Health care facility" is defined as in Section 3 of 
the Illinois
Health Facilities Planning Act, as now or 
hereafter amended.

    (e) "Licensee" means any nursing agency which is properly 
licensed under
this Act.

    (f) "Nurse" means a registered nurse or a licensed 
practical nurse as
defined in the Nurse Practice Act.

    (g) "Nurse agency" means any individual, firm, 
corporation,
partnership or other legal entity that employs, 
assigns or refers nurses
or certified nurse aides to a health 
care facility for a
fee.  The term "nurse agency" includes 
nurses registries.  The term "nurse
agency" does not include 
services provided by home
health agencies licensed and operated 
under the Home Health, Home Services, and Home Nursing Agency

Licensing Act or a licensed or certified
individual who 
provides his or her own services as a regular employee of a

health care facility, nor does it apply to a health care 
facility's
organizing nonsalaried employees to provide 
services only in that
facility.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 
    Section 6-240. The Illinois Public Aid Code is amended  by 
changing Sections 5-5.2, 5-5.4, 5-5.7, 5-5f, 5-6,  and 8A-11 as 
follows:
 



    (305 ILCS 5/5-5.2)  (from Ch. 23, par. 5-5.2)



    Sec. 5-5.2. Payment. 

    (a) All nursing facilities that are grouped pursuant to 
Section
5-5.1 of this Act shall receive the same rate of 
payment for similar
services.

    (b) It shall be a matter of State policy that the Illinois 
Department
shall utilize a uniform billing cycle throughout the 
State for the
long-term care providers.

    (c) Notwithstanding any other provisions of this Code, the 
methodologies for reimbursement of nursing services as 
provided under this Article shall no longer be applicable for 
bills payable for nursing services rendered on or after a new 
reimbursement system based on the Resource Utilization Groups 
(RUGs) has been fully operationalized, which shall take effect 
for services provided on or after January 1, 2014. 
    (d) A new nursing services reimbursement methodology 
utilizing RUGs IV 48 grouper model shall be established and may 
include an Illinois-specific default group, as needed.   The new 
RUGs-based nursing services reimbursement methodology shall be 
resident-driven, facility-specific, and cost-based.   Costs 
shall be annually rebased and case mix index quarterly updated.  
The methodology shall include regional wage adjustors based on 
the Health Service Areas (HSA) groupings in effect on April 30, 
2012.  The Department shall assign a case mix index to each 
resident class based on the Centers for Medicare and Medicaid 
Services staff time measurement study utilizing an index 
maximization approach.
    (e) Notwithstanding any other provision of this Code, the 
Department shall by rule develop a  reimbursement methodology 
reflective of  the intensity of care and services requirements 
of low need residents in the lowest RUG IV groupers and 
corresponding regulations.
    (f)  Notwithstanding any other provision of this Code, on 
and after July 1, 2012, reimbursement rates associated with the 
nursing or support components of the current nursing facility 
rate methodology shall not increase beyond the level effective 
May 1, 2011 until a new reimbursement system based on the RUGs 
IV 48 grouper model has been fully operationalized.
    (g) Notwithstanding any other provision of this Code, on 
and after July 1, 2012, for facilities not designated by the 
Department of Healthcare and Family Services as "Institutions 
for Mental Disease", rates effective May 1, 2011 shall be 
adjusted as follows:
        (1) Individual nursing rates for residents classified 
    in RUG IV groups PA1, PA2, BA1, and BA2 during the quarter 
    ending March 31, 2012 shall be reduced by 10%;
        (2) Individual nursing rates for residents classified 
    in all other RUG IV groups shall be reduced by 1.0%;
        (3) Facility rates for the capital and support 
    components shall be reduced by 1.7%.
    (h) Notwithstanding any other provision of this Code, on 
and after July 1, 2012,  nursing facilities designated by the 
Department of Healthcare and Family Services as "Institutions 
for Mental Disease" and "Institutions for Mental Disease" that 
are facilities licensed under the Specialized Mental Health 
Rehabilitation Act of 2013 shall have the nursing, 
socio-developmental, capital, and support components of their 
reimbursement rate effective May 1, 2011 reduced in total by 
2.7%.
(Source: P.A. 96-1530, eff. 2-16-11; 97-689, eff. 6-14-12.)

 
    (305 ILCS 5/5-5.4)  (from Ch. 23, par. 5-5.4)
    Sec. 5-5.4. Standards of Payment - Department of Healthcare 
and Family Services.
The Department of Healthcare and Family 
Services shall develop standards of payment of
nursing facility 
and ICF/DD services in facilities providing such services
under 
this Article which:

    (1) Provide for the determination of a facility's payment

for nursing facility or ICF/DD services on a prospective basis.

The amount of the payment rate for all nursing facilities 
certified by the
Department of Public Health under the ID/DD 
Community Care Act or the Nursing Home Care Act as Intermediate

Care for the Developmentally Disabled facilities, Long Term 
Care for Under Age
22 facilities, Skilled Nursing facilities, 
or Intermediate Care facilities
under the
medical assistance 
program shall be prospectively established annually on the

basis of historical, financial, and statistical data 
reflecting actual costs
from prior years, which shall be 
applied to the current rate year and updated
for inflation, 
except that the capital cost element for newly constructed

facilities shall be based upon projected budgets.  The annually 
established
payment rate shall take effect on July 1 in 1984 
and subsequent years.  No rate
increase and no
update for 
inflation shall be provided on or after July 1, 1994 and before

January 1, 2014, unless specifically provided for in this

Section.
The changes made by Public Act 93-841

extending the 
duration of the prohibition against a rate increase or update 
for inflation are effective retroactive to July 1, 2004.

    For facilities licensed by the Department of Public Health 
under the Nursing
Home Care Act as Intermediate Care for the 
Developmentally Disabled facilities
or Long Term Care for Under 
Age 22 facilities, the rates taking effect on July
1, 1998 
shall include an increase of 3%.  For facilities licensed by the

Department of Public Health under the Nursing Home Care Act as 
Skilled Nursing
facilities or Intermediate Care facilities, 
the rates taking effect on July 1,
1998 shall include an 
increase of 3% plus $1.10 per resident-day, as defined by
the 
Department. For facilities licensed by the Department of Public 
Health under the Nursing Home Care Act as Intermediate Care 
Facilities for the Developmentally Disabled or Long Term Care 
for Under Age 22 facilities, the rates taking effect on January 
1, 2006 shall include an increase of 3%.
For facilities 
licensed by the Department of Public Health under the Nursing 
Home Care Act as Intermediate Care Facilities for the 
Developmentally Disabled or Long Term Care for Under Age 22 
facilities, the rates taking effect on January  1, 2009 shall 
include an increase sufficient to provide a $0.50 per hour wage 
increase for non-executive staff. 
    For facilities licensed by the Department of Public Health 
under the
Nursing Home Care Act as Intermediate Care for the 
Developmentally Disabled
facilities or Long Term Care for Under 
Age 22 facilities, the rates taking
effect on July 1, 1999 
shall include an increase of 1.6% plus $3.00 per
resident-day, 
as defined by the Department.  For facilities licensed by the

Department of Public Health under the Nursing Home Care Act as 
Skilled Nursing
facilities or Intermediate Care facilities, 
the rates taking effect on July 1,
1999 shall include an 
increase of 1.6% and, for services provided on or after
October 
1, 1999, shall be increased by $4.00 per resident-day, as 
defined by
the Department.

    For facilities licensed by the Department of Public Health 
under the
Nursing Home Care Act as Intermediate Care for the 
Developmentally Disabled
facilities or Long Term Care for Under 
Age 22 facilities, the rates taking
effect on July 1, 2000 
shall include an increase of 2.5% per resident-day,
as defined 
by the Department.  For facilities licensed by the Department of

Public Health under the Nursing Home Care Act as Skilled 
Nursing facilities or
Intermediate Care facilities, the rates 
taking effect on July 1, 2000 shall
include an increase of 2.5% 
per resident-day, as defined by the Department.

    For facilities licensed by the Department of Public Health 
under the
Nursing Home Care Act as skilled nursing facilities 
or intermediate care
facilities, a new payment methodology must 
be implemented for the nursing
component of the rate effective 
July 1, 2003. The Department of Public Aid
(now Healthcare and 
Family Services) shall develop the new payment methodology 
using the Minimum Data Set
(MDS) as the instrument to collect 
information concerning nursing home
resident condition 
necessary to compute the rate. The Department
shall develop the 
new payment methodology to meet the unique needs of
Illinois 
nursing home residents while remaining subject to the 
appropriations
provided by the General Assembly.
A transition 
period from the payment methodology in effect on June 30, 2003

to the payment methodology in effect on July 1, 2003 shall be 
provided for a
period not exceeding 3 years and 184 days after 
implementation of the new payment
methodology as follows:

        (A) For a facility that would receive a lower
nursing 
    component rate per patient day under the new system than 
    the facility
received
effective on the date immediately 
    preceding the date that the Department
implements the new 
    payment methodology, the nursing component rate per 
    patient
day for the facility
shall be held at
the level in 
    effect on the date immediately preceding the date that the

    Department implements the new payment methodology until a 
    higher nursing
component rate of
reimbursement is achieved 
    by that
facility.

        (B) For a facility that would receive a higher nursing 
    component rate per
patient day under the payment 
    methodology in effect on July 1, 2003 than the
facility 
    received effective on the date immediately preceding the 
    date that the
Department implements the new payment 
    methodology, the nursing component rate
per patient day for 
    the facility shall be adjusted.

        (C) Notwithstanding paragraphs (A) and (B), the 
    nursing component rate per
patient day for the facility 
    shall be adjusted subject to appropriations
provided by the 
    General Assembly.

    For facilities licensed by the Department of Public Health 
under the
Nursing Home Care Act as Intermediate Care for the 
Developmentally Disabled
facilities or Long Term Care for Under 
Age 22 facilities, the rates taking
effect on March 1, 2001 
shall include a statewide increase of 7.85%, as
defined by the 
Department.

    Notwithstanding any other provision of this Section, for 
facilities licensed by the Department of Public Health under 
the
Nursing Home Care Act as skilled nursing facilities or 
intermediate care
facilities, except facilities participating 
in the Department's demonstration program pursuant to the 
provisions of Title 77, Part 300, Subpart T of the Illinois 
Administrative Code, the numerator of the ratio used by the 
Department of Healthcare and Family Services to compute the 
rate payable under this Section using the Minimum Data Set 
(MDS) methodology shall incorporate the following annual 
amounts as the additional funds appropriated to the Department 
specifically to pay for rates based on the MDS nursing 
component methodology in excess of the funding in effect on 
December 31, 2006:
        (i) For rates taking effect January 1, 2007, 
    $60,000,000.
        (ii) For rates taking effect January 1, 2008, 
    $110,000,000.
        (iii) For rates taking effect January 1, 2009, 
    $194,000,000. 
        (iv) For rates taking effect April 1, 2011, or the 
    first day of the month that begins at least 45 days after 
    the effective date of this amendatory Act of the 96th 
    General Assembly, $416,500,000 or an amount as may be 
    necessary to complete the transition to the MDS methodology 
    for the nursing component of the rate. Increased payments 
    under this item (iv) are not due and payable, however, 
    until (i) the methodologies described in this paragraph are 
    approved by the federal government in an appropriate State 
    Plan amendment and (ii) the assessment imposed by Section 
    5B-2 of this Code is determined to be a permissible tax 
    under Title XIX of the Social Security Act.
    Notwithstanding any other provision of this Section, for 
facilities licensed by the Department of Public Health under 
the Nursing Home Care Act as skilled nursing facilities or 
intermediate care facilities, the support component of the 
rates taking effect on January 1, 2008 shall be computed using 
the most recent cost reports on file with the Department of 
Healthcare and Family Services no later than April 1, 2005, 
updated for inflation to January 1, 2006. 
    For facilities licensed by the Department of Public Health 
under the
Nursing Home Care Act as Intermediate Care for the 
Developmentally Disabled
facilities or Long Term Care for Under 
Age 22 facilities, the rates taking
effect on April 1, 2002 
shall include a statewide increase of 2.0%, as
defined by the 
Department.
This increase terminates on July 1, 2002;
beginning 
July 1, 2002 these rates are reduced to the level of the rates

in effect on March 31, 2002, as defined by the Department.

    For facilities licensed by the Department of Public Health 
under the
Nursing Home Care Act as skilled nursing facilities 
or intermediate care
facilities, the rates taking effect on 
July 1, 2001 shall be computed using the most recent cost 
reports
on file with the Department of Public Aid no later than 
April 1, 2000,
updated for inflation to January 1, 2001.  For 
rates effective July 1, 2001
only, rates shall be the greater 
of the rate computed for July 1, 2001
or the rate effective on 
June 30, 2001.

    Notwithstanding any other provision of this Section, for 
facilities
licensed by the Department of Public Health under 
the Nursing Home Care Act
as skilled nursing facilities or 
intermediate care facilities, the Illinois
Department shall 
determine by rule the rates taking effect on July 1, 2002,

which shall be 5.9% less than the rates in effect on June 30, 
2002.

    Notwithstanding any other provision of this Section, for 
facilities
licensed by the Department of Public Health under 
the Nursing Home Care Act as
skilled nursing
facilities or 
intermediate care facilities, if the payment methodologies 
required under Section 5A-12 and the waiver granted under 42 
CFR 433.68 are approved by the United States Centers for 
Medicare and Medicaid Services, the rates taking effect on July 
1, 2004 shall be 3.0% greater than the rates in effect on June 
30, 2004. These rates shall take
effect only upon approval and

implementation of the payment methodologies required under 
Section 5A-12.

    Notwithstanding any other provisions of this Section, for 
facilities licensed by the Department of Public Health under 
the Nursing Home Care Act as skilled nursing facilities or 
intermediate care facilities, the rates taking effect on 
January 1, 2005 shall be 3% more than the rates in effect on 
December 31, 2004.

    Notwithstanding any other provision of this Section, for 
facilities licensed by the Department of Public Health under 
the Nursing Home Care Act as skilled nursing facilities or 
intermediate care facilities, effective January  1, 2009, the 
per diem support component of the rates effective on January 1, 
2008, computed using the most recent cost reports on file with 
the Department of Healthcare and Family Services no later than 
April 1, 2005, updated for inflation to January 1, 2006, shall 
be increased to the amount that would have been derived using 
standard Department of Healthcare and Family Services methods, 
procedures, and inflators. 
    Notwithstanding any other provisions of this Section, for 
facilities licensed by the Department of Public Health under 
the Nursing Home Care Act as intermediate care facilities that 
are federally defined as Institutions for Mental Disease, or 
facilities licensed by the Department of Public Health under 
the Specialized Mental Health Rehabilitation Act of 2013, a 
socio-development component rate equal to 6.6% of the 
facility's nursing component rate as of January 1, 2006 shall 
be established and paid effective July 1, 2006. The 
socio-development component of the rate shall be increased by a 
factor of 2.53 on the first day of the month that begins at 
least 45 days after January 11, 2008 (the effective date of 
Public Act 95-707). As of August 1, 2008, the socio-development 
component rate shall be equal to 6.6% of the facility's nursing 
component rate as of January 1, 2006, multiplied by a factor of 
3.53. For services provided on or after April 1, 2011, or the 
first day of the month that begins at least 45 days after the 
effective date of this amendatory Act of the 96th General 
Assembly, whichever is later, the Illinois Department may by 
rule adjust these socio-development component rates, and may 
use different adjustment methodologies for those facilities 
participating, and those not participating, in the Illinois 
Department's demonstration program pursuant to the provisions 
of Title 77, Part 300, Subpart T of the Illinois Administrative 
Code, but in no case may such rates be diminished below those 
in effect on August 1, 2008.

    For facilities
licensed
by the
Department of Public Health 
under the Nursing Home Care Act as Intermediate
Care for
the 
Developmentally Disabled facilities or as long-term care 
facilities for
residents under 22 years of age, the rates 
taking effect on July 1,
2003 shall
include a statewide 
increase of 4%, as defined by the Department.

    For facilities licensed by the Department of Public Health 
under the
Nursing Home Care Act as Intermediate Care for the 
Developmentally Disabled
facilities or Long Term Care for Under 
Age 22 facilities, the rates taking
effect on the first day of 
the month that begins at least 45 days after the effective date 
of this amendatory Act of the 95th General Assembly shall 
include a statewide increase of 2.5%, as
defined by the 
Department. 
    Notwithstanding any other provision of this Section, for 
facilities licensed by the Department of Public Health under 
the Nursing Home Care Act as skilled nursing facilities or 
intermediate care facilities, effective January 1, 2005, 
facility rates shall be increased by the difference between (i) 
a facility's per diem property, liability, and malpractice 
insurance costs as reported in the cost report filed with the 
Department of Public Aid and used to establish rates effective 
July 1, 2001 and (ii) those same costs as reported in the 
facility's 2002 cost report.  These costs shall be passed 
through to the facility without caps or limitations, except for 
adjustments required under normal auditing procedures.

    Rates established effective each July 1 shall govern 
payment
for services rendered throughout that fiscal year, 
except that rates
established on July 1, 1996 shall be 
increased by 6.8% for services
provided on or after January 1, 
1997.  Such rates will be based
upon the rates calculated for 
the year beginning July 1, 1990, and for
subsequent years 
thereafter until June 30, 2001 shall be based on the
facility 
cost reports
for the facility fiscal year ending at any point 
in time during the previous
calendar year, updated to the 
midpoint of the rate year.  The cost report
shall be on file 
with the Department no later than April 1 of the current
rate 
year.  Should the cost report not be on file by April 1, the 
Department
shall base the rate on the latest cost report filed 
by each skilled care
facility and intermediate care facility, 
updated to the midpoint of the
current rate year.  In 
determining rates for services rendered on and after
July 1, 
1985, fixed time shall not be computed at less than zero.  The

Department shall not make any alterations of regulations which 
would reduce
any component of the Medicaid rate to a level 
below what that component would
have been utilizing in the rate 
effective on July 1, 1984.

    (2) Shall take into account the actual costs incurred by 
facilities
in providing services for recipients of skilled 
nursing and intermediate
care services under the medical 
assistance program.

    (3) Shall take into account the medical and psycho-social

characteristics and needs of the patients.

    (4) Shall take into account the actual costs incurred by 
facilities in
meeting licensing and certification standards 
imposed and prescribed by the
State of Illinois, any of its 
political subdivisions or municipalities and by
the U.S. 
Department of Health and Human Services pursuant to Title XIX 
of the
Social Security Act.

    The Department of Healthcare and Family Services

shall 
develop precise standards for
payments to reimburse nursing 
facilities for any utilization of
appropriate rehabilitative 
personnel for the provision of rehabilitative
services which is 
authorized by federal regulations, including
reimbursement for 
services provided by qualified therapists or qualified

assistants, and which is in accordance with accepted 
professional
practices.  Reimbursement also may be made for 
utilization of other
supportive personnel under appropriate 
supervision.

    The Department shall develop enhanced payments to offset 
the additional costs incurred by a

      facility serving exceptional 
need residents and shall allocate at least $4,000,000 
$8,000,000 of the funds

      collected from the assessment 
established by Section 5B-2 of this Code for such payments. For

      
the purpose of this Section, "exceptional needs" means, but 
need not be limited to, ventilator care, tracheotomy care,

      
bariatric care, complex wound care, and traumatic brain injury 
care. The enhanced payments for exceptional need residents 
under this paragraph  are not due and payable, however, until 
(i) the methodologies described in this paragraph are approved 
by the federal government in an appropriate State Plan 
amendment and (ii) the assessment imposed by Section 5B-2 of 
this Code is determined to be a permissible tax under Title XIX 
of the Social Security Act.
    Beginning January 1, 2014 the methodologies for 
reimbursement of nursing facility services as provided under 
this Section 5-5.4 shall no longer be applicable for services 
provided on or after January 1, 2014. 
    No payment increase under this Section for the MDS 
methodology, exceptional care residents, or the 
socio-development component rate established by Public Act 
96-1530 of the 96th General Assembly and funded by the 
assessment imposed under Section 5B-2 of this Code shall be due 
and payable until after the Department notifies the long-term 
care providers, in writing, that the payment methodologies to 
long-term care providers required under this Section have been 
approved by the Centers for Medicare and Medicaid Services of 
the U.S. Department of Health and Human Services and the 
waivers under 42 CFR 433.68 for the assessment imposed by this 
Section, if necessary, have been granted by the Centers for 
Medicare and Medicaid Services of the U.S. Department of Health 
and Human Services. Upon notification to the Department of 
approval of the payment methodologies required under this 
Section and the waivers granted under 42 CFR 433.68, all 
increased payments otherwise due under this Section prior to 
the date of notification shall be due and payable within 90 
days of the date federal approval is received. 
    On and after July 1, 2012, the Department shall reduce any 
rate of reimbursement for services or other payments or alter 
any methodologies authorized by this Code to reduce any rate of 
reimbursement for services or other payments in accordance with 
Section 5-5e. 
(Source: P.A. 96-45, eff. 7-15-09; 96-339, eff. 7-1-10; 96-959, 
eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1530, eff. 2-16-11; 
97-10, eff. 6-14-11; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 
97-584, eff. 8-26-11; 97-689, eff. 6-14-12; 97-813, eff. 
7-13-12.)
 


    (305 ILCS 5/5-5.7)  (from Ch. 23, par. 5-5.7)




    Sec. 5-5.7. Cost Reports - Audits. The Department of 
Healthcare and Family Services shall
work with the Department 
of Public Health to use cost report information
currently being 
collected under provisions of the Nursing Home Care
Act, the 
Specialized Mental Health Rehabilitation Act of 2013, and the 
ID/DD Community Care Act.  The Department of Healthcare and 
Family Services may, in conjunction with the Department of 
Public Health,
develop in accordance with generally accepted 
accounting principles a
uniform chart of accounts which each 
facility providing services under the
medical assistance 
program shall adopt, after a reasonable period.

    Facilities licensed under the Nursing Home Care Act, the 
Specialized Mental Health Rehabilitation Act of 2013, or the 
ID/DD Community Care Act
and providers of adult developmental 
training services certified by the
Department of Human Services 
pursuant to
Section 15.2 of the Mental Health and Developmental 
Disabilities Administrative
Act which provide
services to 
clients eligible for
medical assistance under this Article are 
responsible for submitting the
required annual cost report to 
the Department of Healthcare and Family Services.

    The Department of Healthcare and Family Services

shall 
audit the financial and statistical
records of each provider 
participating in the medical assistance program
as a nursing 
facility, a specialized mental health rehabilitation facility, 
or an ICF/DD over a 3 year period,
beginning with the close of 
the first cost reporting year.  Following the
end of this 3-year 
term, audits of the financial and statistical records
will be 
performed each year in at least 20% of the facilities 
participating
in the medical assistance program with at least 
10% being selected on a
random sample basis, and the remainder 
selected on the basis of exceptional
profiles.  All audits shall 
be conducted in accordance with generally accepted
auditing 
standards.

    The Department of Healthcare and Family Services

shall 
establish prospective payment rates
for categories or levels of 
services within each licensure class, in order to more 
appropriately recognize the
individual needs of patients in 
nursing facilities.

    The Department of Healthcare and Family Services

shall 
provide, during the process of
establishing the payment rate 
for nursing facility, specialized mental health rehabilitation 
facility, or ICF/DD
services, or when a substantial change in 
rates is proposed, an opportunity
for public review and comment 
on the proposed rates prior to their becoming
effective.

(Source: P.A. 96-339, eff. 7-1-10; 96-1530, eff. 2-16-11; 
97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 
7-13-12.)

 
    (305 ILCS 5/5-5f)
    Sec. 5-5f. Elimination and limitations of medical 
assistance services. Notwithstanding any other provision of 
this Code to the contrary, on and after July 1, 2012:
    (a) The following services shall no longer be a covered 
service available under this Code: group psychotherapy for 
residents of any facility licensed under the Nursing Home Care 
Act or the Specialized Mental Health Rehabilitation Act of 
2013; and adult chiropractic services. 
    (b) The Department shall place the following limitations on 
services: (i) the Department shall limit adult eyeglasses to 
one pair every 2 years; (ii) the Department shall set an annual 
limit of a maximum of 20 visits for each of the following 
services: adult speech, hearing, and language therapy 
services, adult occupational therapy services, and physical 
therapy services; (iii) the Department shall limit podiatry 
services to individuals with diabetes;  (iv) the Department 
shall pay for caesarean sections at the normal vaginal delivery 
rate unless a caesarean section was medically necessary; (v) 
the Department shall limit adult dental services to 
emergencies; and (vi) effective July 1, 2012, the Department 
shall place limitations and require concurrent review on every 
inpatient detoxification stay to prevent repeat admissions to 
any hospital for detoxification within 60 days of a previous 
inpatient detoxification stay. The Department shall convene a 
workgroup of hospitals, substance abuse providers, care 
coordination entities, managed care plans, and other 
stakeholders to develop recommendations for quality standards, 
diversion to other settings, and admission criteria for 
patients who need inpatient detoxification. 
    (c) The Department shall require prior approval of the 
following services: wheelchair repairs, regardless of the cost 
of the repairs, coronary artery bypass graft, and bariatric 
surgery consistent with Medicare standards concerning patient 
responsibility. The wholesale cost of power wheelchairs shall 
be actual acquisition cost including all discounts. 
    (d) The Department shall establish benchmarks for 
hospitals to measure and align payments to reduce potentially 
preventable hospital readmissions, inpatient complications, 
and unnecessary emergency room visits. In doing so, the 
Department shall consider items, including, but not limited to, 
historic and current acuity of care and historic and current 
trends in readmission. The Department shall publish 
provider-specific historical readmission data and anticipated 
potentially preventable targets 60 days prior to the start of 
the program. In the instance of readmissions, the Department 
shall adopt policies and rates of reimbursement for services 
and other payments provided under this Code to ensure that, by 
June 30, 2013, expenditures to hospitals are reduced by, at a 
minimum, $40,000,000. 
    (e) The Department shall establish utilization controls 
for the hospice program such that it shall not pay for other 
care services when an individual is in hospice. 
    (f) For home health services, the Department shall require 
Medicare certification of providers participating in the 
program, implement the Medicare face-to-face encounter rule, 
and limit services to post-hospitalization. The Department 
shall require providers to implement auditable electronic 
service verification based on global positioning systems or 
other cost-effective technology. 
    (g) For the Home Services Program operated by the 
Department of Human Services and the Community Care Program 
operated by  the Department on Aging, the Department of Human 
Services, in cooperation with the Department on Aging, shall 
implement an electronic service verification based on global 
positioning systems or other cost-effective technology. 
    (h) The Department shall not pay for hospital admissions 
when the claim indicates a hospital acquired condition that 
would cause Medicare to reduce its payment on the claim had the 
claim been submitted to Medicare, nor shall the Department pay 
for hospital admissions where a Medicare identified "never 
event" occurred. 
    (i) The Department shall implement cost savings 
initiatives for advanced imaging services, cardiac imaging 
services, pain management services, and back surgery. Such 
initiatives shall be designed to achieve annual costs savings. 

(Source: P.A. 97-689, eff. 6-14-12.)
 


    (305 ILCS 5/5-6)  (from Ch. 23, par. 5-6)




    Sec. 5-6. Obligations incurred prior to death of a 
recipient. Obligations incurred but not paid for at the time of 
a recipient's death
for services authorized under Section 5-5, 
including medical and other
care in facilities as defined in 
the Nursing Home Care
Act, the Specialized Mental Health 
Rehabilitation Act of 2013, or the ID/DD Community Care Act, or 
in like facilities
not required to be licensed under that Act, 
may be paid, subject to the
rules and regulations of the 
Illinois Department, after the death of the recipient.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 


    (305 ILCS 5/8A-11)  (from Ch. 23, par. 8A-11)




    Sec. 8A-11. (a) No person shall: 

        (1) Knowingly charge a resident of a nursing home for 
    any services
provided pursuant to Article V of the Illinois 
    Public Aid Code, money or
other consideration at a rate in 
    excess of the rates established for covered
services by the 
    Illinois Department pursuant to Article V of The Illinois

    Public Aid Code; or

        (2) Knowingly charge, solicit, accept or receive, in 
    addition to any
amount otherwise authorized or required to 
    be paid pursuant to Article V of
The Illinois Public Aid 
    Code, any gift, money, donation or other consideration:

            (i) As a precondition to admitting or expediting 
        the admission of a
recipient or applicant, pursuant to 
        Article V of The Illinois Public Aid Code,
to a 
        long-term care facility as defined in Section 1-113 of 
        the Nursing
Home Care Act or a facility as defined in 
        Section 1-113 of the ID/DD Community Care Act or 
        Section 1-102 1-113 of the Specialized Mental Health 
        Rehabilitation Act of 2013; and

            (ii) As a requirement for the recipient's or 
        applicant's continued stay
in such facility when the 
        cost of the services provided therein to the
recipient 
        is paid for, in whole or in part, pursuant to Article V 
        of The
Illinois Public Aid Code.

    (b) Nothing herein shall prohibit a person from making a 
voluntary
contribution, gift or donation to a long-term care 
facility.

    (c) This paragraph shall not apply to agreements to provide 
continuing
care or life care between a life care facility as 
defined by the Life
Care Facilities Act, and a person 
financially eligible for benefits pursuant to
Article V of The 
Illinois Public Aid Code.

    (d) Any person who violates this Section shall be guilty of 
a business
offense and fined not less than $5,000 nor more than 
$25,000.

    (e) "Person", as used in this Section, means an individual, 
corporation,
partnership, or unincorporated association.

    (f) The State's Attorney of the county in which the 
facility is located
and the Attorney General shall be notified 
by the Illinois Department of
any alleged violations of this 
Section known to the Department.

    (g) The Illinois Department shall adopt rules and 
regulations to carry
out the provisions of this Section.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 
    Section 6-245. The Elder Abuse and Neglect Act is amended  
by changing Section 2 as follows:
 


    (320 ILCS 20/2)  (from Ch. 23, par. 6602)


    Sec. 2. Definitions. As used in this Act, unless the 
context
requires otherwise:

    (a) "Abuse" means causing any physical, mental or sexual 
injury to an
eligible adult, including exploitation of such 
adult's financial resources.

    Nothing in this Act shall be construed to mean that an 
eligible adult is a
victim of abuse, neglect, or self-neglect 
for the sole reason that he or she is being
furnished with or 
relies upon treatment by spiritual means through prayer
alone, 
in accordance with the tenets and practices of a recognized 
church
or religious denomination.

    Nothing in this Act shall be construed to mean that an 
eligible adult is a
victim of abuse because of health care 
services provided or not provided by
licensed health care 
professionals.

    (a-5) "Abuser" means a person who abuses, neglects, or 
financially
exploits an eligible adult.

    (a-7) "Caregiver" means a person who either as a result of 
a family
relationship, voluntarily, or in exchange for 
compensation has assumed
responsibility for all or a portion of 
the care of an eligible adult who needs
assistance with 
activities of daily
living.

    (b) "Department" means the Department on Aging of the State 
of Illinois.

    (c) "Director" means the Director of the Department.

    (d) "Domestic living situation" means a residence where the 
eligible
adult at the time of the report lives alone or with 
his or her family or a caregiver, or others,
or a board and 
care home or other community-based unlicensed facility, but
is 
not:


        (1) A licensed facility as defined in Section 1-113 of 
    the Nursing Home
Care Act;
 
        (1.5) A facility licensed under the ID/DD Community 
    Care Act;  
        (1.7) A facility licensed under the Specialized Mental 
    Health Rehabilitation Act of 2013; 

        (2) A "life care facility" as defined in the Life Care 
    Facilities Act;


        (3) A home, institution, or other place operated by the 
    federal
government or agency thereof or by the State of 
    Illinois;


        (4) A hospital, sanitarium, or other institution, the 
    principal activity
or business of which is the diagnosis, 
    care, and treatment of human illness
through the 
    maintenance and operation of organized facilities 
    therefor,
which is required to be licensed under the 
    Hospital Licensing Act;


        (5) A "community living facility" as defined in the 
    Community Living
Facilities Licensing Act;


        (6) (Blank);


        (7) A "community-integrated living arrangement" as 
    defined in
the Community-Integrated Living Arrangements 
    Licensure and Certification Act;

        (8) An assisted living or shared housing establishment 
    as defined in the Assisted Living and Shared Housing Act; 
    or

        (9) A supportive living facility as described in 
    Section 5-5.01a of the Illinois Public Aid Code.

    (e) "Eligible adult" means a person 60 years of age or 
older who
resides in a domestic living situation and is, or is 
alleged
to be, abused, neglected, or financially exploited by 
another individual or who neglects himself or herself.

    (f) "Emergency" means a situation in which an eligible 
adult is living
in conditions presenting a risk of death or 
physical, mental or sexual
injury and the provider agency has 
reason to believe the eligible adult is
unable to
consent to 
services which would alleviate that risk.

    (f-5) "Mandated reporter" means any of the following 
persons
while engaged in carrying out their professional 
duties:


        (1) a professional or professional's delegate while 
    engaged in: (i) social
services, (ii) law enforcement, 
    (iii) education, (iv) the care of an eligible
adult or 
    eligible adults, or (v) any of the occupations required to 
    be licensed
under
the Clinical Psychologist Licensing Act, 
    the Clinical Social Work and Social
Work Practice Act, the 
    Illinois Dental Practice Act, the Dietitian Nutritionist 
    Practice Act, the Marriage and Family Therapy Licensing 
    Act, the
Medical Practice Act of 1987, the Naprapathic 
    Practice Act, the
Nurse Practice Act, the Nursing Home

    Administrators Licensing and
Disciplinary Act, the 
    Illinois Occupational Therapy Practice Act, the Illinois

    Optometric Practice Act of 1987, the Pharmacy Practice Act, 
    the
Illinois Physical Therapy Act, the Physician Assistant 
    Practice Act of 1987,
the Podiatric Medical Practice Act of 
    1987, the Respiratory Care Practice
Act,
the Professional 
    Counselor and
Clinical Professional Counselor Licensing 
    and Practice Act, the Illinois Speech-Language
Pathology 
    and Audiology Practice Act, the Veterinary Medicine and 
    Surgery
Practice Act of 2004, and the Illinois Public 
    Accounting Act;


        (2) an employee of a vocational rehabilitation 
    facility prescribed or
supervised by the Department of 
    Human Services;


        (3) an administrator, employee, or person providing 
    services in or through
an unlicensed community based 
    facility;


        (4) any religious practitioner who provides treatment 
    by prayer or spiritual means alone in accordance with the 
    tenets and practices of a recognized church or religious 
    denomination, except as to information received in any 
    confession or sacred communication enjoined by the 
    discipline of the religious denomination to be held 
    confidential;


        (5) field personnel of the Department of Healthcare and 
    Family Services, Department of Public
Health, and 
    Department of Human Services, and any county or
municipal 
    health department;


        (6) personnel of the Department of Human Services, the 
    Guardianship and
Advocacy Commission, the State Fire 
    Marshal, local fire departments, the
Department on Aging 
    and its subsidiary Area Agencies on Aging and provider

    agencies, and the Office of State Long Term Care Ombudsman;


        (7) any employee of the State of Illinois not otherwise 
    specified herein
who is involved in providing services to 
    eligible adults, including
professionals providing medical 
    or rehabilitation services and all
other persons having 
    direct contact with eligible adults;


        (8) a person who performs the duties of a coroner
or 
    medical examiner; or


        (9) a person who performs the duties of a paramedic or 
    an emergency
medical
technician.

    (g) "Neglect" means
another individual's failure to 
provide an eligible
adult with or willful withholding from an 
eligible adult the necessities of
life including, but not 
limited to, food, clothing, shelter or health care.
This 
subsection does not create any new affirmative duty to provide 
support to
eligible adults.  Nothing in this Act shall be 
construed to mean that an
eligible adult is a victim of neglect 
because of health care services provided
or not provided by 
licensed health care professionals.

    (h) "Provider agency" means any public or nonprofit agency 
in a planning
and service area appointed by the regional 
administrative agency with prior
approval by the Department on 
Aging to receive and assess reports of
alleged or suspected 
abuse, neglect, or financial exploitation.

    (i) "Regional administrative agency" means any public or 
nonprofit
agency in a planning and service area so designated 
by the Department,
provided that the designated Area Agency on 
Aging shall be designated the
regional administrative agency if 
it so requests.
The Department shall assume the functions of 
the regional administrative
agency for any planning and service 
area where another agency is not so
designated.

    (i-5) "Self-neglect" means a condition that is the result 
of an eligible adult's inability, due to physical or mental 
impairments, or both, or a diminished capacity, to perform 
essential self-care tasks that substantially threaten his or 
her own health, including: providing essential food, clothing, 
shelter, and health care; and obtaining goods and services 
necessary to maintain physical health, mental health, 
emotional well-being, and general safety. The term includes 
compulsive hoarding, which is characterized by the acquisition 
and retention of large quantities of items and materials that 
produce an extensively cluttered living space, which 
significantly impairs the performance of essential self-care 
tasks or otherwise substantially threatens life or safety.

    (j) "Substantiated case" means a reported case of alleged 
or suspected
abuse, neglect, financial exploitation, or 
self-neglect in which a provider agency,
after assessment, 
determines that there is reason to believe abuse,
neglect, or 
financial exploitation has occurred.

(Source: P.A. 96-339, eff. 7-1-10; 96-526, eff. 1-1-10; 96-572, 
eff. 1-1-10; 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-300, eff. 8-11-11; 97-706, eff. 6-25-12; 
97-813, eff. 7-13-12; 97-1141, eff. 12-28-12.)
 
    Section 6-250. The Mental Health and Developmental 
Disabilities Code is amended  by changing Section 2-107 as 
follows:
 


    (405 ILCS 5/2-107)  (from Ch. 91 1/2, par. 2-107)




    Sec. 2-107. Refusal of services; informing of risks. 

    (a) An adult recipient of services or the recipient's 
guardian,
if the recipient is under guardianship, and the 
recipient's substitute
decision maker, if any, must be informed 
of the recipient's right to
refuse medication or 
electroconvulsive therapy.  The recipient and the recipient's 
guardian or substitute
decision maker shall be given the 
opportunity to
refuse generally accepted mental health or 
developmental disability services,
including but not limited 
to medication or electroconvulsive therapy.  If such services 
are refused, they
shall not be given unless such services are 
necessary to prevent the recipient
from causing serious and 
imminent physical harm to the recipient or others and
no less 
restrictive alternative is available.
The facility director 
shall inform a recipient, guardian, or
substitute decision 
maker, if any, who refuses such
services of alternate services 
available and the risks of such alternate
services, as well as 
the possible consequences to the recipient of refusal of
such 
services.

    (b) Psychotropic medication or electroconvulsive therapy 
may be administered

under this Section for
up to 24 hours only 
if the circumstances leading up to the need for emergency

treatment are set forth in writing in the recipient's record.

    (c) Administration of medication or electroconvulsive 
therapy may not be continued unless the need
for such treatment 
is redetermined at least every 24 hours based upon a
personal 
examination of the recipient by a physician or a nurse under 
the
supervision of a physician and the circumstances 
demonstrating that need are
set forth in writing in the 
recipient's record.

    (d) Neither psychotropic medication nor electroconvulsive 
therapy may be administered under this
Section for a period in 
excess of 72 hours, excluding Saturdays, Sundays, and
holidays, 
unless a petition is filed  under Section 2-107.1 and the 
treatment
continues to be necessary under subsection (a) of 
this Section. Once the
petition has been filed, treatment may 
continue in compliance with subsections
(a), (b), and (c) of 
this Section until the final outcome of the hearing on the

petition.

    (e) The Department shall issue rules designed to insure 
that in
State-operated mental health facilities psychotropic 
medication and electroconvulsive therapy are

administered in 
accordance with this Section and only when appropriately

authorized and monitored by a physician or a nurse under the 
supervision
of a physician
in accordance with accepted medical 
practice.  The facility director of each
mental health facility 
not operated by the State shall issue rules designed to
insure 
that in that facility psychotropic medication and 
electroconvulsive therapy are administered
in
accordance with 
this Section and only when appropriately authorized and

monitored by a physician or a nurse under the supervision of a

physician in accordance with accepted medical practice.  Such 
rules shall be
available for public inspection and copying 
during normal business hours.

    (f) The provisions of this Section with respect to the 
emergency
administration of psychotropic medication and 
electroconvulsive therapy do not apply to facilities
licensed 
under the Nursing Home Care Act, the Specialized Mental Health 
Rehabilitation Act of 2013, or the ID/DD Community Care Act.

    (g) Under no circumstances may long-acting psychotropic 
medications be
administered under this Section.

    (h) Whenever psychotropic medication or electroconvulsive 
therapy is refused pursuant to subsection (a) of this Section 
at least once that day, the physician shall determine and state 
in writing the reasons why the recipient did not meet the 
criteria for administration of medication or electroconvulsive 
therapy under subsection (a) and whether the recipient meets 
the  standard for administration of psychotropic  medication or 
electroconvulsive therapy under Section 2-107.1 of this Code. 
If the physician determines that the recipient meets the 
standard for administration of psychotropic medication or 
electroconvulsive therapy

under Section 2-107.1, the facility 
director or his or her designee shall petition the court for 
administration of psychotropic medication or electroconvulsive 
therapy pursuant to that Section unless the facility director 
or his or her designee states in writing in the recipient's 
record why the filing of such a petition is not warranted. This 
subsection (h) applies only to State-operated mental health 
facilities.
    (i) The Department shall conduct annual trainings for all 
physicians and registered nurses working in State-operated 
mental health facilities on the appropriate use of emergency 
administration of psychotropic medication and 
electroconvulsive therapy, standards for their use, and the 
methods of authorization under this Section.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 
    Section 6-255. The Protection and Advocacy for Mentally Ill 
Persons Act is amended  by changing Section 3 as follows:
 


    (405 ILCS 45/3)  (from Ch. 91 1/2, par. 1353)




    Sec. 3. Powers and Duties. 

    (A) In order to properly exercise its powers
and duties, 
the agency shall have the authority to:


        (1) Investigate incidents of abuse and neglect of 
    mentally ill persons
if the incidents are reported to the 
    agency or if there is probable cause
to believe that the 
    incidents occurred.  In case of conflict with
provisions of 
    the Abused and Neglected Child Reporting Act or the Nursing

    Home Care Act, the provisions of those Acts shall apply.


        (2) Pursue administrative, legal and other appropriate 
    remedies to
ensure the protection of the rights of mentally 
    ill persons who are
receiving care and treatment in this 
    State.


        (3) Pursue administrative, legal and other remedies on 
    behalf of an individual who:


            (a) was a mentally ill individual; and


            (b) is a resident of this State,
but only with 
        respect to matters which occur within 90 days after the

        date of the discharge of such individual from a 
        facility providing care and treatment.


        (4) Establish a board which shall:


            (a) advise the protection and advocacy system on 
        policies and priorities
to be carried out in
protecting 
        and advocating the rights of mentally ill individuals; 
        and


            (b) include attorneys, mental health 
        professionals, individuals from the
public who are 
        knowledgeable about mental illness, a provider of 
        mental
health services, individuals who have received 
        or are receiving mental
health services and family 
        members of such individuals.  At least one-half
the 
        members of the board shall be individuals who have

        received or are receiving mental health services or who 
        are family members
of such individuals.


        (5) On January 1, 1988, and on January 1 of each 
    succeeding year,
prepare and transmit to the Secretary of 
    the United States Department of
Health and Human Services 
    and to the Illinois Secretary of Human Services a report 
    describing the activities,
accomplishments and 
    expenditures of the protection and advocacy system
during 
    the most recently completed fiscal year.

    (B) The agency shall have access to all mental health 
facilities as
defined in Sections 1-107 and 1-114 of the Mental 
Health and Developmental
Disabilities Code, all facilities as 
defined in Section 1-113 of the
Nursing Home Care Act, all 
facilities as defined in Section 1-102 1-113 of the Specialized 
Mental Health Rehabilitation Act of 2013, all facilities as 
defined in Section 1-113 of the
ID/DD Community Care Act, all 
facilities as defined in Section 2.06 of the Child
Care Act of 
1969, as now or hereafter amended, and all other facilities

providing care or treatment to mentally ill persons.  Such 
access shall be
granted for the purposes of meeting with 
residents and staff, informing
them of services available from 
the agency, distributing written
information about the agency 
and the rights of persons who are mentally
ill, conducting 
scheduled and unscheduled visits, and performing other

activities designed to protect the rights of mentally ill 
persons.

    (C) The agency shall have access to all records of mentally 
ill
persons who are receiving care or treatment from a 
facility, subject to the
limitations of this Act, the Mental 
Health and Developmental Disabilities
Confidentiality Act, the 
Nursing Home Care Act and the Child Care Act of
1969, as now or 
hereafter amended.  If the mentally ill person has a legal

guardian other than the State or a designee of the State, the 
facility
director shall disclose the guardian's name, address 
and telephone number
to the agency upon its request.  In cases 
of conflict with provisions of
the Abused and Neglected Child 
Reporting Act and the Nursing Home Care Act,
the provisions of 
the Abused and Neglected Child Reporting Act and the
Nursing 
Home Care Act shall apply.  The agency shall also have access, 
for
the purpose of inspection and copying, to the records of a 
mentally ill
person (i) who by reason of his or her mental or 
physical condition is
unable to authorize the agency to have 
such access; (ii) who does not have
a legal guardian or for 
whom the State or a designee of the State is the
legal 
guardian; and (iii) with respect to whom a complaint has been

received by the agency or with respect to whom there is 
probable cause to
believe that such person has been subjected 
to abuse or neglect.

    The agency shall provide written notice
to the mentally ill 
person and the State guardian of the nature of the
complaint 
based upon which the agency has gained access to
the records.  
No record or the contents of the record shall be redisclosed
by 
the agency unless the person who is mentally ill and the State 
guardian
are provided 7 days advance written notice, except in 
emergency situations,
of the agency's intent to redisclose such 
record.  Within such 7-day
period, the mentally ill person or 
the State guardian may seek an
injunction prohibiting the 
agency's redisclosure of such record on the
grounds that such 
redisclosure is contrary to the interests of the mentally
ill 
person.

    Upon request, the authorized agency shall be entitled to 
inspect and copy
any clinical or trust fund records of mentally 
ill persons which may further
the agency's investigation
of 
alleged problems affecting numbers of mentally ill persons.  
When
required by law, any personally identifiable information 
of mentally ill
persons shall be removed from the records.  
However, the agency may not
inspect or copy any records or 
other materials when the removal of
personally identifiable 
information imposes an unreasonable burden on any
facility as 
defined by the Mental Health and Developmental Disabilities

Code, the Nursing Home Care Act, the Specialized Mental Health 
Rehabilitation Act of 2013, or the Child Care Act of 1969, or 
any other
facility providing care or treatment to mentally ill 
persons.

    (D) Prior to instituting any legal action in a federal or 
State
court on behalf of a mentally ill individual, an eligible 
protection and
advocacy system, or a State agency or nonprofit

organization which entered into a contract with such an 
eligible system under
Section 104(a) of the federal Protection 
and Advocacy for Mentally Ill
Individuals Act of 1986, shall 
exhaust in a timely manner all
administrative remedies where 
appropriate.  If, in pursuing administrative
remedies, the 
system, State agency or organization determines that any
matter 
with respect to such individual will not be resolved within a

reasonable time, the system, State agency or organization may 
pursue
alternative remedies, including the initiation of 
appropriate legal action.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 
    Section 6-260. The Developmental Disability and Mental 
Disability Services Act is amended  by changing Sections 2-3 and 
5-1 as follows:
 


    (405 ILCS 80/2-3)  (from Ch. 91 1/2, par. 1802-3)




    Sec. 2-3. As used in this Article, unless the context 
requires otherwise: 

    (a) "Agency" means an agency or entity licensed by the 
Department
pursuant to this Article or pursuant to the 
Community Residential
Alternatives Licensing Act.

    (b) "Department" means the Department of Human Services, as 
successor to
the Department of Mental Health and Developmental 
Disabilities.

    (c) "Home-based services" means services provided to a 
mentally disabled
adult who lives in his or her own home.  These 
services include but are
not limited to:


        (1) home health services;


        (2) case management;


        (3) crisis management;


        (4) training and assistance in self-care;


        (5) personal care services;


        (6) habilitation and rehabilitation services;


        (7) employment-related services;


        (8) respite care; and


        (9) other skill training that enables a person to 
    become self-supporting.

    (d) "Legal guardian" means a person appointed by a court of 
competent
jurisdiction to exercise certain powers on behalf of 
a mentally disabled adult.

    (e) "Mentally disabled adult" means a person over the age 
of 18 years
who lives in his or her own home; who needs 
home-based services,
but does not require 24-hour-a-day 
supervision; and who has one of the
following conditions: 
severe autism, severe mental illness, a severe or
profound 
intellectual disability, or severe and multiple impairments.

    (f) In one's "own home" means that a mentally disabled 
adult lives
alone; or that a mentally disabled adult is in 
full-time residence with his
or her parents, legal guardian, or 
other relatives; or that a mentally
disabled adult is in 
full-time residence in a setting not subject to
licensure under 
the Nursing Home Care Act, the Specialized Mental Health 
Rehabilitation Act of 2013, the ID/DD Community Care Act, or 
the Child Care Act of 1969, as
now or hereafter amended, with 3 
or fewer other adults unrelated to the
mentally disabled adult 
who do not provide home-based services to the
mentally disabled 
adult.

    (g) "Parent" means the biological or adoptive parent
of a 
mentally disabled adult, or a person licensed as a
foster 
parent under the laws of this State who acts as a mentally 
disabled
adult's foster parent.

    (h) "Relative" means any of the following relationships
by 
blood, marriage or adoption: parent, son, daughter, brother, 
sister,
grandparent, uncle, aunt, nephew, niece, great 
grandparent, great uncle,
great aunt, stepbrother, stepsister, 
stepson, stepdaughter, stepparent or
first cousin.

    (i) "Severe autism" means a lifelong developmental 
disability which is
typically manifested before 30 months of 
age and is characterized by
severe disturbances in reciprocal 
social interactions; verbal and
nonverbal communication and 
imaginative activity; and repertoire of
activities and 
interests.  A person shall be determined severely
autistic, for 
purposes of this Article, if both of the following are present:


        (1) Diagnosis consistent with the criteria for 
    autistic disorder in
the current edition of the Diagnostic 
    and Statistical Manual of Mental
Disorders.


        (2) Severe disturbances in reciprocal social 
    interactions; verbal and
nonverbal communication and 
    imaginative activity; repertoire of activities
and 
    interests.  A determination of severe autism shall be based 
    upon a
comprehensive, documented assessment with an 
    evaluation by a licensed
clinical psychologist or 
    psychiatrist.  A determination of severe autism
shall not be 
    based solely on behaviors relating to environmental, 
    cultural
or economic differences.

    (j) "Severe mental illness" means the manifestation of all 
of the
following characteristics:


        (1) A primary diagnosis of one of the major mental 
    disorders
in the current edition of the Diagnostic and 
    Statistical Manual of Mental
Disorders listed below:


            (A) Schizophrenia disorder.


            (B) Delusional disorder.


            (C) Schizo-affective disorder.


            (D) Bipolar affective disorder.


            (E) Atypical psychosis.


            (F) Major depression, recurrent.


        (2) The individual's mental illness must substantially 
    impair his
or her functioning in at least 2 of the 
    following areas:


            (A) Self-maintenance.


            (B) Social functioning.


            (C) Activities of community living.


            (D) Work skills.


        (3) Disability must be present or expected to be 
    present for at least
one year.

    A determination of severe mental illness shall be based 
upon a
comprehensive, documented assessment with an evaluation 
by a licensed
clinical psychologist or psychiatrist, and shall 
not be based solely on
behaviors relating to environmental, 
cultural or economic differences.

    (k) "Severe or profound intellectual disability" means a 
manifestation of all
of the following characteristics:


        (1) A diagnosis which meets Classification in Mental 
    Retardation or
criteria in the current edition of the 
    Diagnostic and Statistical Manual of
Mental Disorders for 
    severe or profound mental retardation (an IQ of 40 or

    below).  This must be measured by a standardized instrument 
    for general
intellectual functioning.


        (2) A severe or profound level of disturbed adaptive 
    behavior.  This
must be measured by a standardized adaptive 
    behavior scale or informal
appraisal by the professional in 
    keeping with illustrations in
Classification in Mental 
    Retardation, 1983.


        (3) Disability diagnosed before age of 18.

    A determination of a severe or profound intellectual 
disability shall be based
upon a comprehensive, documented 
assessment with an evaluation by a
licensed clinical 
psychologist or certified school psychologist or a

psychiatrist, and shall not be based solely on behaviors 
relating to
environmental, cultural or economic differences.

    (l) "Severe and multiple impairments" means the 
manifestation of all of
the following characteristics:


        (1) The evaluation determines the presence of a 
    developmental
disability which is expected to continue 
    indefinitely, constitutes a
substantial handicap and is 
    attributable to any of the following:


            (A) Intellectual disability, which is defined as 
        general intellectual
functioning that is 2 or more 
        standard deviations below the mean
concurrent with 
        impairment of adaptive behavior which is 2 or more 
        standard
deviations below the mean.  Assessment of the 
        individual's intellectual
functioning must be measured 
        by a standardized instrument for general
intellectual 
        functioning.


            (B) Cerebral palsy.


            (C) Epilepsy.


            (D) Autism.


            (E) Any other condition which results in 
        impairment similar to that
caused by an intellectual 
        disability and which requires services similar to 
        those
required by intellectually disabled persons.


        (2) The evaluation determines multiple handicaps in 
    physical, sensory,
behavioral or cognitive functioning 
    which constitute a severe or profound
impairment 
    attributable to one or more of the following:


            (A) Physical functioning, which severely impairs 
        the individual's motor
performance that may be due to:


                (i) Neurological, psychological or physical 
            involvement resulting in a
variety of disabling 
            conditions such as hemiplegia, quadriplegia or 
            ataxia,


                (ii) Severe organ systems involvement such as 
            congenital heart defect,


                (iii) Physical abnormalities resulting in the 
            individual being
non-mobile and non-ambulatory or 
            confined to bed and receiving assistance
in 
            transferring, or


                (iv) The need for regular medical or nursing 
            supervision such as
gastrostomy care and feeding.


            Assessment of physical functioning must be based 
        on clinical medical
assessment by a physician licensed 
        to practice medicine in all its branches,
using the 
        appropriate instruments, techniques and standards of 
        measurement
required by the professional.


            (B) Sensory, which involves severe restriction due 
        to hearing or
visual impairment limiting the 
        individual's movement and creating
dependence in 
        completing most daily activities. Hearing impairment 
        is
defined as a loss of 70 decibels aided or speech 
        discrimination of less
than 50% aided. Visual 
        impairment is defined as 20/200 corrected in the
better 
        eye or a visual field of 20 degrees or less.
Sensory 
        functioning must be based on clinical medical 
        assessment by a
physician licensed to practice 
        medicine in all its branches using the
appropriate 
        instruments, techniques and standards of measurement 
        required
by the professional.


            (C) Behavioral, which involves behavior that is 
        maladaptive and presents
a danger to self or others, is 
        destructive to property by deliberately
breaking, 
        destroying or defacing objects, is disruptive by 
        fighting, or has
other socially offensive behaviors in 
        sufficient frequency or severity to
seriously limit 
        social integration.  Assessment of behavioral 
        functioning
may be measured by a standardized scale or 
        informal appraisal by a clinical
psychologist or 
        psychiatrist.


            (D) Cognitive, which involves intellectual 
        functioning at a measured IQ
of 70 or below.  Assessment 
        of cognitive functioning must be measured by a

        standardized instrument for general intelligence.


        (3) The evaluation determines that development is 
    substantially less
than expected for the age in cognitive, 
    affective or psychomotor behavior
as follows:


            (A) Cognitive, which involves intellectual 
        functioning at a measured IQ
of 70 or below.  Assessment 
        of cognitive functioning must be measured by a

        standardized instrument for general intelligence.


            (B) Affective behavior, which involves over and 
        under responding to
stimuli in the environment and may 
        be observed in mood, attention to
awareness, or in 
        behaviors such as euphoria, anger or sadness that

        seriously limit integration into society.  Affective 
        behavior must be based
on clinical assessment using the 
        appropriate instruments, techniques and
standards of 
        measurement required by the professional.


            (C) Psychomotor, which includes a severe 
        developmental delay in fine or
gross motor skills so 
        that development in self-care, social interaction,

        communication or physical activity  will be greatly 
        delayed or restricted.


        (4) A determination that the disability originated 
    before the age of
18 years.

    A determination of severe and multiple impairments shall be 
based upon a
comprehensive, documented assessment with an 
evaluation by a licensed
clinical psychologist or 
psychiatrist.

    If the examiner is a licensed clinical psychologist, 
ancillary evaluation
of physical impairment, cerebral palsy or 
epilepsy must be made by a
physician licensed to practice 
medicine in all its branches.

    Regardless of the discipline of the examiner, ancillary 
evaluation of
visual impairment must be made by an 
ophthalmologist or a licensed optometrist.

    Regardless of the discipline of the examiner, ancillary 
evaluation of
hearing impairment must be made by an 
otolaryngologist or an audiologist
with a certificate of 
clinical competency.

    The only exception to the above is in the case of a person 
with cerebral
palsy or epilepsy who, according to the 
eligibility criteria listed below,
has multiple impairments 
which are only physical and sensory.  In such a
case, a 
physician licensed to practice medicine in all its branches may

serve as the examiner.

    (m) "Twenty-four-hour-a-day supervision" means 
24-hour-a-day care by a
trained mental health or developmental 
disability professional on an ongoing
basis.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 


    (405 ILCS 80/5-1)  (from Ch. 91 1/2, par. 1805-1)




    Sec. 5-1. 
As the mental health and developmental 
disabilities or
intellectual disabilities authority for the 
State of Illinois, the Department
of Human Services shall
have 
the authority to license, certify and prescribe standards

governing the programs and services provided under this Act, as 
well as all
other agencies or programs which provide home-based 
or community-based
services to the mentally disabled, except 
those services, programs or
agencies established under or 
otherwise subject to the Child Care Act of
1969, the 
Specialized Mental Health Rehabilitation Act of 2013, or the 
ID/DD Community Care Act, as now or hereafter amended, and this

Act shall not be construed to limit the application of those 
Acts.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 
    Section 6-265. The Facilities Requiring Smoke Detectors 
Act is amended  by changing Section 1 as follows:
 


    (425 ILCS 10/1)  (from Ch. 127 1/2, par. 821)




    Sec. 1. For purposes of this Act, unless the context 
requires otherwise: 

    (a) "Facility" means:

        (1) Any long-term care facility as defined in Section 
    1-113 of the
Nursing Home Care Act or any facility as 
    defined in Section 1-113 of the ID/DD Community Care Act or 
    the Specialized Mental Health Rehabilitation Act of 2013, 
    as amended;

        (2) Any community residential alternative as defined 
    in paragraph (4) of
Section 3 of the Community Residential 
    Alternatives Licensing Act, as amended;
and

        (3) Any child care facility as defined in Section 2.05 
    of the Child Care
Act of 1969, as amended.

    (b) "Approved smoke detector" or "detector" means a smoke 
detector of the ionization or
photoelectric type which complies 
with all the requirements of the rules
and regulations of the 
Illinois State Fire Marshal.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 
    Section 6-270. The Criminal Code of 2012 is amended  by 
changing Sections 12-4.4a and 26-1 as follows:
 
    (720 ILCS 5/12-4.4a)

    Sec. 12-4.4a. Abuse or criminal neglect of a long term care 
facility resident; criminal abuse or neglect of an elderly 
person or person with a disability.
    (a) Abuse or criminal neglect of a long term care facility 
resident.
        (1) A person or an owner or licensee commits abuse of a 
    long term care facility resident when he or she knowingly 
    causes any physical or mental injury to, or commits any 
    sexual offense in this Code against, a resident.
        (2) A person or an owner or licensee commits criminal 
    neglect of a long term care facility resident when he or 
    she recklessly:
            (A) performs acts that cause a resident's life to 
        be endangered, health to be injured, or pre-existing 
        physical or mental condition to deteriorate, or that 
        create the substantial likelihood
    that an elderly 
        person's or person with a disability's life
    will be 
        endangered, health will be injured, or pre-existing
    
        physical or mental condition will deteriorate;
            (B) fails to perform acts that he or she knows or 
        reasonably should know are necessary to maintain or 
        preserve the life or health of a resident, and that 
        failure causes the resident's life to be endangered, 
        health to be injured, or pre-existing physical or 
        mental condition to deteriorate, or that create the 
        substantial likelihood
    that an elderly person's or 
        person with a disability's life
    will be endangered, 
        health will be injured, or pre-existing
    physical or 
        mental condition will deteriorate; or
            (C) abandons a resident.
        (3) A person or an owner or licensee commits neglect of 
    a long term care facility resident when he or she 
    negligently fails to provide adequate medical care, 
    personal care, or maintenance to the resident which results 
    in physical or mental injury or deterioration of the 
    resident's physical or mental condition. An owner or 
    licensee is guilty under this subdivision (a)(3), however, 
    only if the owner or licensee failed to exercise reasonable 
    care in the hiring, training, supervising, or providing of 
    staff or other related routine administrative 
    responsibilities.
    (b) Criminal abuse or neglect of an elderly person or 
person with a disability.
        (1) A caregiver commits criminal abuse or neglect of an 
    elderly person or person with a disability when he or she 
    knowingly does any of the following:
            (A) performs acts that cause the person's life to 
        be endangered, health to be injured, or pre-existing 
        physical or mental condition to deteriorate;
            (B) fails to perform acts that he or she knows or 
        reasonably should know are necessary to maintain or 
        preserve the life or health of the person, and that 
        failure causes the person's life to be endangered, 
        health to be injured, or pre-existing physical or 
        mental condition to deteriorate;
            (C) abandons the person;
            (D) physically abuses, harasses, intimidates, or 
        interferes with the personal liberty of the person; or
            (E) exposes the person to willful deprivation.
        (2) It is not a defense to criminal abuse or neglect of 
    an elderly person or person with a disability that the 
    caregiver reasonably believed that the victim was not an 
    elderly person or person with a disability.
    (c) Offense not applicable.
        (1) Nothing in this Section applies to a physician 
    licensed to practice medicine in all its branches or a duly 
    licensed nurse providing care within the scope of his or 
    her professional judgment and within the accepted 
    standards of care within the community.
        (2)  Nothing in this Section imposes criminal liability 
    on a caregiver who made a good faith effort to provide for 
    the health and personal care of an elderly person or person 
    with a disability, but through no fault of his or her own 
    was unable to provide such care.
        (3) Nothing in this Section applies to the medical 
    supervision, regulation, or control of the remedial care or 
    treatment of residents in a long term care facility 
    conducted for those who rely upon treatment by prayer or 
    spiritual means in accordance with the creed or tenets of 
    any well-recognized church or religious denomination as 
    described in Section 3-803 of the Nursing Home Care Act, 
    Section 1-102 3-803 of the Specialized Mental Health 
    Rehabilitation Act of 2013, or Section 3-803 of the ID/DD 
    Community Care Act.
        (4) Nothing in this Section prohibits a caregiver from 
    providing treatment to an elderly person or person with a 
    disability by spiritual means through prayer alone and care 
    consistent therewith in lieu of medical care and treatment 
    in accordance with the tenets and practices of any church 
    or religious denomination of which the elderly person or 
    person with a disability is a member.
        (5) Nothing in this Section limits the remedies 
    available to the victim under the Illinois Domestic 
    Violence Act of 1986.
    (d) Sentence.
        (1) Long term care facility. Abuse of a long term care 
    facility resident is a Class 3 felony. Criminal neglect of 
    a long term care facility resident is a Class 4 felony, 
    unless it results in the resident's death in which case it 
    is a Class 3 felony. Neglect of a long term care facility 
    resident is a petty offense.
        (2) Caregiver. Criminal abuse or neglect of an elderly 
    person or person with a disability is a Class 3 felony, 
    unless it results in the person's death in which case it is 
    a Class 2 felony, and if imprisonment is imposed it shall 
    be for a minimum term of 3 years and a maximum term of 14 
    years.
    (e) Definitions. For the purposes of this Section:
    "Abandon" means to desert or knowingly forsake a resident 
or an
elderly person or person with a disability under

circumstances in which a reasonable person
would continue to 
provide care and custody.
    "Caregiver" means a person who has a duty to provide for an 
elderly person or person with a
disability's health and 
personal care, at the elderly person or person with a 
disability's place of residence, including, but not limited to, 
food and nutrition, shelter, hygiene, prescribed medication, 
and medical care and treatment, and
includes any of the 
following:
        (1) A parent, spouse, adult child, or other relative by 
    blood or marriage
who resides with or resides in the same 
    building with or  regularly
visits
the elderly person or  
    person with a disability, knows
or reasonably should know 
    of such person's physical or mental impairment,
and knows 
    or reasonably should know that such person is unable to

    adequately provide for his or her own health and personal 
    care.
        (2) A person who is employed by the elderly person or

    person with a disability or by
another to reside with or 
    regularly visit the elderly person or  person with a 
    disability
and provide for such person's health and 
    personal care.
        (3) A person who has agreed for consideration to reside 
    with or
regularly visit the elderly person or  person with a

    disability  and provide for such
person's health and 
    personal care.
        (4) A person who has been appointed by a private or 
    public agency or by
a court of competent jurisdiction to 
    provide for the elderly person or
person with a 
    disability's health and personal care.
    "Caregiver" does not include a long-term care facility 
licensed or
certified under the Nursing Home Care Act or a 
facility licensed or certified under the ID/DD Community Care 
Act or the Specialized Mental Health Rehabilitation Act of 
2013, or any administrative, medical, or
other personnel of 
such a facility, or a health care provider who is licensed

under the Medical Practice Act of 1987 and renders care in the 
ordinary
course of his or her profession.
    "Elderly person" means a person 60
years of age or older 
who is incapable of
adequately providing for his or her own 
health and personal care.
    "Licensee" means the individual or entity licensed to 
operate a
facility under the Nursing Home Care Act, the 
Specialized Mental Health Rehabilitation Act of 2013, the ID/DD 
Community Care Act, or the Assisted Living and Shared
Housing 
Act.
    "Long term care facility" means a private home,

institution, building, residence, or other place, whether 
operated for
profit or not, or a county home for the infirm and 
chronically ill operated
pursuant to Division 5-21 or 5-22 of 
the Counties Code, or any similar
institution operated by
the 
State of Illinois or a political subdivision thereof, which 
provides,
through its ownership or management, personal care, 
sheltered care, or
nursing for 3 or more persons not related to 
the owner by blood or
marriage. The term also includes skilled 
nursing facilities and
intermediate care facilities as defined 
in Titles XVIII and XIX of the
federal Social Security Act and 
assisted living establishments and shared
housing 
establishments licensed under the Assisted Living and Shared 
Housing
Act.
    "Owner" means the owner a long term care facility as

provided in the Nursing Home Care Act, the owner of a facility 
as provided under the Specialized Mental Health Rehabilitation 
Act of 2013, the owner of a facility as provided in the ID/DD 
Community Care Act, or the owner of an assisted living or 
shared
housing establishment as provided in the Assisted Living 
and Shared Housing Act.
    "Person with a disability" means a person who
suffers from 
a permanent physical or mental impairment, resulting from

disease, injury, functional disorder, or congenital condition, 
which renders
the person incapable of adequately providing for 
his or her own health and personal
care.
    "Resident" means a person residing in a long term care 
facility.
    "Willful deprivation" has the meaning ascribed to it in 
paragraph
(15) of Section 103 of the Illinois Domestic Violence 
Act of 1986. 

(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-38, eff. 
6-28-11, and 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13.)
 


    (720 ILCS 5/26-1)  (from Ch. 38, par. 26-1)


    Sec. 26-1. Disorderly conduct. 

    (a) A person commits disorderly conduct when he or she 
knowingly:


        (1) Does any act in such unreasonable manner as to 
    alarm or disturb
another and to provoke a breach of the 
    peace;


        (2) Transmits or causes to be transmitted in any manner 
    to the fire
department of any city,
town, village or fire 
    protection district a false alarm of fire, knowing
at the 
    time of the transmission that there is no reasonable ground 
    for
believing that the fire exists;


        (3) Transmits or causes to be transmitted in any manner 
    to another a
false alarm to the effect that a bomb or other 
    explosive of any nature or a
container holding poison gas, 
    a deadly biological or chemical contaminant, or

    radioactive substance is concealed in a place where its 
    explosion or release
would endanger human life, knowing at 
    the time of the transmission that there
is no reasonable 
    ground for believing that the bomb, explosive or a 
    container
holding poison gas, a deadly biological or 
    chemical contaminant, or radioactive
substance is 
    concealed in the place;

        (3.5) Transmits or causes to be transmitted a threat of 
    destruction of a school building or school property, or a 
    threat of violence, death, or bodily harm directed against 
    persons at a school, school function, or school event, 
    whether or not school is in session; 

        (4) Transmits or causes to be transmitted in any manner 
    to any peace
officer, public officer or public employee a 
    report to the effect that an
offense will be committed, is 
    being committed, or has been committed, knowing
at the time 
    of the transmission that there is no reasonable ground for

    believing that the offense will be committed, is being 
    committed, or has
been committed;


        (5) Transmits or causes to be transmitted a false 
    report to any public
safety agency without the reasonable 
    grounds necessary to believe that
transmitting the report 
    is necessary for the safety and welfare of the
public; or


        (6) Calls the number "911" for the purpose of making or 
    transmitting a
false alarm or complaint and reporting 
    information when, at the time the call
or transmission is 
    made, the person knows there is no reasonable ground for

    making the call or transmission and further knows that the 
    call or transmission
could result in the emergency response 
    of any public safety agency;


        (7) Transmits or causes to be transmitted a false 
    report to the
Department of Children and Family Services 
    under Section 4 of the "Abused and
Neglected Child 
    Reporting Act";


        (8) Transmits or causes to be transmitted a false 
    report to the
Department of Public Health under the Nursing 
    Home Care Act, the Specialized Mental Health 
    Rehabilitation Act of 2013, or the ID/DD Community Care 
    Act;


        (9) Transmits or causes to be transmitted in any manner 
    to the police
department or fire department of any 
    municipality or fire protection district,
or any privately 
    owned and operated ambulance service, a false request for 
    an
ambulance, emergency medical technician-ambulance or 
    emergency medical
technician-paramedic knowing at the time 
    there is no reasonable ground for
believing that the 
    assistance is required;


        (10) Transmits or causes to be transmitted a false 
    report under
Article II of "An Act in relation to victims 
    of violence and abuse",
approved September 16, 1984, as 
    amended;


        (11) Enters upon the property of another and for a lewd 
    or unlawful
purpose deliberately looks into a dwelling on 
    the property through any
window or other opening in it; or


        (12) While acting as a collection agency as defined in 
    the
Collection Agency Act or as an employee of the 
    collection agency, and
while attempting to collect an 
    alleged debt, makes a telephone call to
the alleged debtor 
    which is designed to harass, annoy or intimidate the

    alleged debtor.

    (b) Sentence.  A violation of subsection (a)(1) of this 
Section
is a Class C misdemeanor.  A violation of subsection 
(a)(5) or (a)(11) of this Section is a Class A misdemeanor.  A 
violation of subsection
(a)(8) or (a)(10) of this Section is a 
Class B misdemeanor.  A violation of
subsection (a)(2), 
(a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is 
a Class 4
felony.   A
violation of subsection (a)(3) of this 
Section is a Class 3 felony, for which
a fine of not less than 
$3,000 and no more than $10,000 shall be assessed in
addition 
to any other penalty imposed.

    A violation of subsection (a)(12) of this Section is a 
Business Offense and
shall be punished by a fine not to exceed 
$3,000.  A second or subsequent
violation of subsection (a)(7) 
or (a)(5) of this Section is a Class
4 felony.  A third or 
subsequent violation of subsection (a)(11) of this Section
is a 
Class 4 felony.

    (c) In addition to any other sentence that may be imposed, 
a court shall
order any person convicted of disorderly conduct 
to perform community service
for not less than 30 and not more 
than 120 hours, if community service is
available in the 
jurisdiction and is funded and approved by the county board of

the county where the offense was committed.  In addition, 
whenever any person
is placed on supervision for an alleged 
offense under this Section, the
supervision shall be 
conditioned upon the performance of the community service.

    This subsection does not apply when the court imposes a 
sentence of
incarceration.
    (d)  In addition to any other sentence that may be imposed, 
the court shall
order any person convicted of disorderly 
conduct under paragraph (3) of subsection (a) involving a false 
alarm of a threat that a bomb or explosive device has been 
placed in a school to reimburse the unit of government that 
employs the emergency response officer or officers that were 
dispatched to the school for the cost of the search for a bomb 
or explosive device.  For the purposes of this Section, 
"emergency response" means any incident requiring a response by 
a police officer, a firefighter, a State Fire Marshal employee, 
or an ambulance. 
(Source: P.A. 96-339, eff. 7-1-10; 96-413, eff. 8-13-09; 
96-772, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1261, eff. 
1-1-11; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 
7-13-12; 97-1108, eff. 1-1-13.)
 
    Section 6-275. The Unified Code of Corrections is amended  
by changing Section 5-5-3.2 as follows:
 
 

    (730 ILCS 5/5-5-3.2)

 
    Sec. 5-5-3.2. Factors in Aggravation and Extended-Term 
Sentencing. 

    (a) The following factors shall be accorded weight in favor 
of
imposing a term of imprisonment or may be considered by the 
court as reasons
to impose a more severe sentence under Section 
5-8-1 or Article 4.5 of Chapter V:

        (1) the defendant's conduct caused or threatened 
    serious harm;

        (2) the defendant received compensation for committing 
    the offense;

        (3) the defendant has a history of prior delinquency or 
    criminal activity;

        (4) the defendant, by the duties of his office or by 
    his position,
was obliged to prevent the particular offense 
    committed or to bring
the offenders committing it to 
    justice;

        (5) the defendant held public office at the time of the 
    offense,
and the offense related to the conduct of that 
    office;

        (6) the defendant utilized his professional reputation 
    or
position in the community to commit the offense, or to 
    afford
him an easier means of committing it;

        (7) the sentence is necessary to deter others from 
    committing
the same crime;

        (8) the defendant committed the offense against a 
    person 60 years of age
or older or such person's property;

        (9) the defendant committed the offense against a 
    person who is
physically handicapped or such person's 
    property;

        (10) by reason of another individual's actual or 
    perceived race, color,
creed, religion, ancestry, gender, 
    sexual orientation, physical or mental
disability, or 
    national origin, the defendant committed the offense 
    against (i)
the person or property
of that individual; (ii) 
    the person or property of a person who has an
association 
    with, is married to, or has a friendship with the other 
    individual;
or (iii) the person or property of a relative 
    (by blood or marriage) of a
person described in clause (i) 
    or (ii).  For the purposes of this Section,
"sexual 
    orientation" means heterosexuality, homosexuality, or 
    bisexuality;

        (11) the offense took place in a place of worship or on 
    the
grounds of a place of worship, immediately prior to, 
    during or immediately
following worship services.  For 
    purposes of this subparagraph, "place of
worship" shall 
    mean any church, synagogue or other building, structure or

    place used primarily for religious worship;

        (12) the defendant was convicted of a felony committed 
    while he was
released on bail or his own recognizance 
    pending trial for a prior felony
and was convicted of such 
    prior felony, or the defendant was convicted of a
felony 
    committed while he was serving a period of probation,

    conditional discharge, or mandatory supervised release 
    under subsection (d)
of Section 5-8-1
for a prior felony;

        (13) the defendant committed or attempted to commit a 
    felony while he
was wearing a bulletproof vest.  For the 
    purposes of this paragraph (13), a
bulletproof vest is any 
    device which is designed for the purpose of
protecting the 
    wearer from bullets, shot or other lethal projectiles;

        (14) the defendant held a position of trust or 
    supervision such as, but
not limited to, family member as 
    defined in Section 11-0.1 of the Criminal Code
of 2012, 
    teacher, scout leader, baby sitter, or day care worker, in

    relation to a victim under 18 years of age, and the 
    defendant committed an
offense in violation of Section 
    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 
    11-14.4 except for an offense that involves keeping a place 
    of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 
    or 12-16 of the Criminal Code of 1961 or the Criminal Code 
    of 2012
against
that victim;

        (15) the defendant committed an offense related to the 
    activities of an
organized gang.  For the purposes of this 
    factor, "organized gang" has the
meaning ascribed to it in 
    Section 10 of the Streetgang Terrorism Omnibus
Prevention 
    Act;

        (16) the defendant committed an offense in violation of 
    one of the
following Sections while in a school, regardless 
    of the time of day or time of
year; on any conveyance 
    owned, leased, or contracted by a school to transport

    students to or from school or a school related activity; on 
    the real property
of a school; or on a public way within 
    1,000 feet of the real property
comprising any school: 
    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

    11-19.1, 11-19.2,  12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 
    12-6, 12-6.1, 12-6.5,  12-13,
12-14, 12-14.1, 12-15, 12-16,  
    18-2, or 33A-2, or Section 12-3.05 except for subdivision 
    (a)(4) or (g)(1), of the Criminal Code of
1961 or the 
    Criminal Code of 2012;

        (16.5) the defendant committed an offense in violation 
    of one of the
following Sections while in a day care 
    center, regardless of the time of day or
time of year; on 
    the real property of a day care center, regardless of the 
    time
of day or time of year; or on a public
way within 
    1,000 feet of the real property comprising any day care 
    center,
regardless of the time of day or time of year:

    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 
    11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, 
    12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 
    18-2, or 33A-2, or Section 12-3.05 except for subdivision 
    (a)(4) or (g)(1), of the Criminal
Code of 1961 or the 
    Criminal Code of 2012;

        (17) the defendant committed the offense by reason of 
    any person's
activity as a community policing volunteer or 
    to prevent any person from
engaging in activity as a 
    community policing volunteer.  For the purpose of
this 
    Section, "community policing volunteer" has the meaning 
    ascribed to it in
Section 2-3.5 of the Criminal Code of 
    2012;

        (18) the defendant committed the offense in a nursing 
    home or on the
real
property comprising a nursing home.  For 
    the purposes of this paragraph (18),
"nursing home" means a 
    skilled nursing
or intermediate long term care facility 
    that is subject to license by the
Illinois Department of 
    Public Health under the Nursing Home Care
Act, the 
    Specialized Mental Health Rehabilitation Act of 2013, or 
    the ID/DD Community Care Act;

        (19) the defendant was a federally licensed firearm 
    dealer
and
was
previously convicted of a violation of 
    subsection (a) of Section 3 of the
Firearm Owners 
    Identification Card Act and has now committed either a 
    felony
violation
of the Firearm Owners Identification Card 
    Act or an act of armed violence while
armed
with a firearm;
        (20) the defendant (i) committed the offense of 
    reckless homicide under Section 9-3 of the Criminal Code of 
    1961 or the Criminal Code of 2012 or the offense of driving 
    under the influence of alcohol, other drug or
drugs, 
    intoxicating compound or compounds or any combination 
    thereof under Section 11-501 of the Illinois Vehicle Code 
    or a similar provision of a local ordinance and (ii) was 
    operating a motor vehicle in excess of 20 miles per hour 
    over the posted speed limit as provided in Article VI of 
    Chapter 11 of the Illinois Vehicle Code;


        (21) the defendant (i) committed the offense of 
    reckless driving or aggravated reckless driving  under 
    Section 11-503 of the Illinois Vehicle Code and (ii) was 
    operating a motor vehicle in excess of 20 miles per hour 
    over the posted speed limit as provided in Article VI of 
    Chapter 11 of the Illinois Vehicle Code;
        (22) the defendant committed the offense against a 
    person that the defendant knew, or reasonably should have 
    known, was a member of the Armed Forces of the United 
    States serving on active duty.  For purposes of this clause 
    (22), the term "Armed Forces" means any of the Armed Forces 
    of the United States, including a member of any reserve 
    component thereof or National Guard unit called to active 
    duty;

        (23)
 the defendant committed the offense against a 
    person who was elderly, disabled, or infirm by taking 
    advantage of a family or fiduciary relationship with the 
    elderly, disabled, or infirm person;

        (24)
  the defendant committed any offense under Section 
    11-20.1 of the Criminal Code of 1961 or the Criminal Code 
    of 2012 and possessed 100 or more images;

        (25)  the defendant committed the offense while the 
    defendant or the victim was in a train, bus, or other 
    vehicle used for public transportation;
        (26)  the defendant committed the offense of child 
    pornography or aggravated child pornography, specifically 
    including  paragraph (1), (2), (3), (4), (5), or (7) of 
    subsection (a) of Section 11-20.1 of the Criminal Code of 
    1961 or the Criminal Code of 2012 where  a child engaged in, 
    solicited for, depicted in, or posed in any act of sexual 
    penetration or bound, fettered, or subject to sadistic, 
    masochistic, or sadomasochistic abuse in a sexual context 
    and specifically including paragraph (1), (2), (3), (4), 
    (5), or (7) of subsection (a) of Section 11-20.1B or 
    Section 11-20.3 of the Criminal Code of 1961 where  a child 
    engaged in, solicited for, depicted in, or posed in any act 
    of sexual penetration or bound, fettered, or subject to 
    sadistic, masochistic, or sadomasochistic abuse in a 
    sexual context;
        (27)  the defendant committed the offense of first 
    degree murder, assault, aggravated assault, battery, 
    aggravated battery, robbery, armed robbery, or aggravated 
    robbery against a person who was a veteran and the 
    defendant knew, or reasonably should have known, that the 
    person was a veteran performing duties as a representative 
    of a veterans' organization.  For the purposes of this 
    paragraph (27), "veteran" means an Illinois resident who 
    has served as a member of the United States Armed Forces, a 
    member of the Illinois National Guard, or a member of the 
    United States Reserve Forces; and   "veterans' organization" 
    means an organization comprised of members of
which 
    substantially all are individuals who are veterans or 
    spouses,
widows, or widowers of veterans, the primary 
    purpose of which is to
promote the welfare of its members 
    and to provide assistance to the general
public in such a 
    way as to confer a public benefit; or 
        (28)  the defendant committed the offense of assault, 
    aggravated assault, battery, aggravated battery, robbery, 
    armed robbery, or aggravated robbery against a person that 
    the defendant knew or reasonably should have known was a 
    letter carrier or postal worker while that person was 
    performing his or her duties delivering mail for the United 
    States Postal Service. 
    For the purposes of this Section:

    "School" is defined as a public or private
elementary or 
secondary school, community college, college, or university.

    "Day care center" means a public or private State certified 
and
licensed day care center as defined in Section 2.09 of the 
Child Care Act of
1969 that displays a sign in plain view 
stating that the
property is a day care center.

    "Public transportation" means the transportation

     or 
conveyance of persons by means available to the general public, 
and includes paratransit services.
    (b) The following factors, related to all felonies, may be 
considered by the court as
reasons to impose an extended term 
sentence under Section 5-8-2
upon any offender:

        (1) When a defendant is convicted of any felony, after 
    having
been previously convicted in Illinois or any other 
    jurisdiction of the
same or similar class felony or greater 
    class felony, when such conviction
has occurred within 10 
    years after the
previous conviction, excluding time spent 
    in custody, and such charges are
separately brought and 
    tried and arise out of different series of acts; or

        (2) When a defendant is convicted of any felony and the 
    court
finds that the offense was accompanied by 
    exceptionally brutal
or heinous behavior indicative of 
    wanton cruelty; or


        (3) When a defendant is convicted of any felony 
    committed against:

            (i) a person under 12 years of age at the time of 
        the offense or such
person's property;

            (ii) a person 60 years of age or older at the time 
        of the offense or
such person's property; or

            (iii) a person physically handicapped at the time 
        of the offense or
such person's property; or


        (4) When a defendant is convicted of any felony and the 
    offense
involved any of the following types of specific 
    misconduct committed as
part of a ceremony, rite, 
    initiation, observance, performance, practice or
activity 
    of any actual or ostensible religious, fraternal, or social 
    group:

            (i) the brutalizing or torturing of humans or 
        animals;

            (ii) the theft of human corpses;

            (iii) the kidnapping of humans;

            (iv) the desecration of any cemetery, religious, 
        fraternal, business,
governmental, educational, or 
        other building or property; or

            (v) ritualized abuse of a child; or


        (5) When a defendant is convicted of a felony other 
    than conspiracy and
the court finds that
the felony was 
    committed under an agreement with 2 or more other persons

    to commit that offense and the defendant, with respect to 
    the other
individuals, occupied a position of organizer, 
    supervisor, financier, or any
other position of management 
    or leadership, and the court further finds that
the felony 
    committed was related to or in furtherance of the criminal

    activities of an organized gang or was motivated by the 
    defendant's leadership
in an organized gang; or


        (6) When a defendant is convicted of an offense 
    committed while using a firearm with a
laser sight attached 
    to it.  For purposes of this paragraph, "laser sight"
has 
    the meaning ascribed to it in Section 26-7 of the Criminal 
    Code of
2012; or

        (7) When a defendant who was at least 17 years of age 
    at the
time of
the commission of the offense is convicted 
    of a felony and has been previously
adjudicated a 
    delinquent minor under the Juvenile Court Act of 1987 for 
    an act
that if committed by an adult would be a Class X or 
    Class 1 felony when the
conviction has occurred within 10 
    years after the previous adjudication,
excluding time 
    spent in custody; or

        (8) When a defendant commits any felony and the 
    defendant used, possessed, exercised control over, or 
    otherwise directed an animal to assault a law enforcement 
    officer engaged in the execution of his or her official 
    duties or in furtherance of the criminal activities of an 
    organized gang in which the defendant is engaged.


    (c) The following factors may be considered by the court as 
reasons to impose an extended term sentence under Section 5-8-2 
(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
        (1) When a defendant is convicted of first degree 
    murder, after having been previously convicted in Illinois 
    of any offense listed under paragraph (c)(2) of Section 
    5-5-3 (730 ILCS 5/5-5-3), when that  conviction has occurred 
    within 10 years after the previous conviction, excluding 
    time spent in custody, and the  charges are separately 
    brought and tried and arise out of different series of 
    acts.
        (1.5) When a defendant is convicted of first degree 
    murder, after having been previously convicted of domestic 
    battery (720 ILCS 5/12-3.2) or aggravated domestic battery 
    (720 ILCS 5/12-3.3) committed on the same victim or after 
    having been previously convicted of violation of an order 
    of protection (720 ILCS 5/12-30) in which the same victim 
    was the protected person. 
        (2) When a defendant is convicted of voluntary 
    manslaughter, second degree murder, involuntary 
    manslaughter, or reckless homicide in which the defendant 
    has been convicted of causing the death of more than one 
    individual.
        (3) When a defendant is convicted of aggravated 
    criminal sexual assault or criminal sexual assault, when 
    there is a finding that aggravated criminal sexual assault 
    or criminal sexual assault was also committed on the same 
    victim by one or more other individuals, and the defendant 
    voluntarily participated in the crime with the knowledge of 
    the participation of the others in the crime, and the 
    commission of the crime was part of a single course of 
    conduct during which there was no substantial change in the 
    nature of the criminal objective.
        (4) If the victim was under 18 years of age at the time 
    of the commission of the offense, when a defendant is 
    convicted of aggravated criminal sexual assault or 
    predatory criminal sexual assault of a child under 
    subsection (a)(1) of Section 11-1.40 or subsection (a)(1) 
    of Section 12-14.1 of the Criminal Code of 1961 or the 
    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
        (5) When a defendant is convicted of a felony violation 
    of Section 24-1 of the Criminal Code of 1961 or the 
    Criminal Code of 2012 (720 ILCS 5/24-1) and there is a 
    finding that the defendant is a member of an organized 
    gang.
        (6) When a  defendant was convicted of unlawful use of 
    weapons under Section 24-1 of the Criminal Code of 1961 or 
    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing 
    a weapon that is not readily distinguishable as one of the 
    weapons enumerated in Section 24-1 of the Criminal Code of 
    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
        (7) When a defendant is convicted of an offense 
    involving the illegal manufacture of a controlled 
    substance under Section 401 of the Illinois Controlled 
    Substances Act (720 ILCS 570/401), the illegal manufacture 
    of methamphetamine under Section 25 of the Methamphetamine 
    Control and Community Protection Act (720 ILCS 646/25), or 
    the illegal possession of explosives and an emergency 
    response officer in the performance of his or her duties is 
    killed or injured at the scene of the offense while 
    responding to the emergency caused by the commission of the 
    offense. In this paragraph, "emergency" means a situation 
    in which a person's life, health, or safety is in jeopardy; 
    and "emergency response officer" means a peace officer, 
    community policing volunteer, fireman, emergency medical 
    technician-ambulance, emergency medical 
    technician-intermediate, emergency medical 
    technician-paramedic, ambulance driver, other medical 
    assistance or first aid personnel, or hospital emergency 
    room personnel.

    (d) For the purposes of this Section, "organized gang" has 
the meaning
ascribed to it in Section 10 of the Illinois 
Streetgang Terrorism Omnibus
Prevention Act.



    (e) The court may impose an extended term sentence under 
Article 4.5 of Chapter V upon an offender who has been 
convicted of a felony violation of Section 11-1.20, 11-1.30, 
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 
when the victim of the offense is under 18 years of age at the 
time of the commission of the offense and, during the 
commission of the offense, the victim was under the influence 
of alcohol, regardless of whether or not the alcohol was 
supplied by the offender; and the offender, at the time of the 
commission of the offense, knew or should have known that the 
victim had consumed alcohol. 
(Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328, 
eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; 
96-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff. 
1-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551, 
Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11, 
97-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-693, eff. 1-1-13; 
97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 
1-25-13.)
 
    Section 6-285. The Code of Civil Procedure is amended  by 
changing Section 2-203 as follows:
 


    (735 ILCS 5/2-203)  (from Ch. 110, par. 2-203)



    Sec. 2-203. Service on individuals. 

    (a) Except as otherwise expressly provided, service of 
summons upon
an individual defendant shall be made (1) by 
leaving a copy of the summons with
the defendant personally, 
(2) by leaving a copy at the defendant's
usual place of
abode, 
with some person of the family or a person residing there, of 
the
age of 13 years or
upwards, and informing that person of 
the contents of the summons, provided the
officer or other 
person making service shall also send a copy of the
summons in 
a sealed envelope with postage fully prepaid, addressed to
the 
defendant at his or her usual place of abode, or (3) as 
provided in
Section 1-2-9.2 of the Illinois Municipal Code with 
respect to violation of an ordinance governing parking or

standing of vehicles in cities with a population over 500,000.

The certificate of the
officer or affidavit of the person that 
he or she has sent the copy in
pursuance of this Section is 
evidence that he or she has done so. No employee of a facility 
licensed under the Nursing Home Care Act, the Specialized 
Mental Health Rehabilitation Act of 2013, or the ID/DD 
Community Care Act shall obstruct an officer or other person 
making service in compliance with this Section. 

    (b) The officer, in his or her certificate or in a record 
filed and
maintained in the Sheriff's office, or other person 
making service, in
his or her affidavit or in a record filed 
and maintained in his or her
employer's
office, shall (1) 
identify as to sex, race, and approximate age the
defendant or 
other person with whom the summons was left and (2) state
the 
place where (whenever possible in terms of an exact street 
address)
and the date and time of the day when the summons was 
left with the
defendant or other person.

    (c) Any person who knowingly sets forth in the certificate 
or
affidavit any false statement, shall be liable in civil 
contempt. When
the court holds a person in civil contempt under 
this Section, it shall
award such damages as it determines to 
be just and, when the
contempt is
prosecuted by a private 
attorney, may award reasonable attorney's fees.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, 
eff. 1-1-12; 97-813, eff. 7-13-12.)

 
    Section 6-290. The Consumer Fraud and Deceptive Business 
Practices Act is amended  by changing Section 2BBB as follows:
 
    (815 ILCS 505/2BBB)
    Sec. 2BBB. Long term care facility, ID/DD facility, or 
specialized mental health rehabilitation facility; Consumer 
Choice Information Report. A long term care facility that fails 
to comply with Section 2-214 of the Nursing Home Care Act or a 
facility that fails to comply with Section 2-214 of the ID/DD 
Community Care Act or Section 2-214 of the Specialized Mental 
Health Rehabilitation Act commits an unlawful practice within 
the meaning of this Act.

(Source: P.A. 96-328, eff. 8-11-09; 96-339, eff. 7-1-10; 97-38, 
eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
 
ARTICLE 7.

 
    Section 7-10. The Children's Health Insurance Program Act 
is amended by changing Sections 15,  25, 30, and  35 as follows:
 



    (215 ILCS 106/15)



    Sec. 15. Operation of the Program. There is hereby created 
a
Children's Health Insurance Program.  The Program shall 
operate subject
to appropriation and shall be administered by 
the Department of Healthcare and Family Services.  The 
Department shall have the powers and authority granted to the

Department under the Illinois Public Aid Code, including, but 
not limited to, Section 11-5.1 of the Code.  The Department may 
contract
with a Third Party Administrator or other entities to 
administer and oversee
any portion of this Program. Beginning 
October 1, 2013, the determination of eligibility under this 
Act shall comply with the requirements of 42 U.S.C. 
1397bb(b)(1)(B)(v) and applicable federal regulations.  If 
changes made to this Section require federal approval, they 
shall not take effect until such approval has been received. 

(Source: P.A. 95-331, eff. 8-21-07; 96-1501, eff. 1-25-11.)

 



    (215 ILCS 106/25)



    Sec. 25. Health benefits for children. 

    (a) The Department shall, subject to appropriation, 
provide health
benefits coverage to eligible children by:


        (1) Until December 31, 2013 and providing that no 
    application for such coverage shall be accepted after 
    September 30, 2013, subsidizing Subsidizing the cost of 
    privately sponsored health insurance,
including employer 
    based health insurance, to assist families to take

    advantage of available privately sponsored health 
    insurance for their
eligible children; and


        (2) Purchasing, until December 31, 2013,  or providing 
    health care benefits for eligible
children.  The health 
    benefits provided under this subdivision (a)(2) shall,

    subject to appropriation and without regard to any 
    applicable cost sharing
under Section 30, be identical to 
    the benefits provided for children under the
State's 
    approved plan under Title XIX of the Social Security Act.  
    Providers
under this subdivision (a)(2) shall be subject to 
    approval by the
Department to provide health care under the 
    Illinois Public Aid Code and
shall be reimbursed at the 
    same rate as providers under the State's approved
plan 
    under Title XIX of the Social Security Act.  In addition, 
    providers may
retain co-payments when determined 
    appropriate by the Department.

    (b) The subsidization provided pursuant to subdivision 
(a)(1) shall be
credited to the family of the eligible child.

    (c) The Department is prohibited from denying coverage to a 
child who is
enrolled in a privately sponsored health insurance 
plan pursuant to subdivision
(a)(1) because the plan does not 
meet federal benchmarking standards
or cost sharing and 
contribution requirements.
To be eligible for inclusion in the 
Program, the plan shall contain
comprehensive major medical 
coverage which shall consist of physician and
hospital 
inpatient services.
The Department is prohibited from denying 
coverage to a child who is enrolled
in a privately sponsored 
health insurance plan pursuant to subdivision (a)(1)
because 
the plan offers benefits in addition to physician and hospital

inpatient services.

    (d) The total dollar amount of subsidizing coverage per 
child per month
pursuant to subdivision (a)(1) shall be equal 
to the average dollar payments,
less premiums incurred, per 
child per month pursuant to subdivision (a)(2).
The Department 
shall set this amount prospectively based upon the prior fiscal

year's experience adjusted for incurred but not reported claims 
and estimated
increases or decreases in the cost of medical 
care.  Payments obligated before
July 1, 1999, will be computed 
using State Fiscal Year 1996 payments for
children eligible for 
Medical Assistance and income assistance under the Aid to

Families with Dependent Children Program, with appropriate 
adjustments for cost
and utilization changes through January 1, 
1999.  The Department is
prohibited from providing a subsidy 
pursuant to subdivision (a)(1) that is more
than the 
individual's monthly portion of the premium.

    (e) An eligible child may obtain immediate coverage under 
this Program
only once during a medical visit.  If coverage 
lapses, re-enrollment shall be
completed in advance of the next 
covered medical visit and the first month's
required premium 
shall be paid in advance of any covered medical visit.

    (f) In order to accelerate and facilitate the development 
of networks to
deliver services to children in areas outside 
counties with populations
in
excess of 3,000,000, in the event 
less than 25% of the eligible
children in a county or 
contiguous counties has enrolled with a Health
Maintenance 
Organization pursuant to Section 5-11 of the Illinois Public 
Aid
Code, the Department may develop and implement 
demonstration projects to create
alternative networks designed 
to enhance enrollment and participation in the
program.  The 
Department shall prescribe by rule the criteria, standards, and

procedures for effecting demonstration projects under this 
Section.

    (g) On and after July 1, 2012, the Department shall reduce 
any rate of reimbursement for services or other payments or 
alter any methodologies authorized by this Act or the Illinois 
Public Aid Code to reduce any rate of reimbursement for 
services or other payments in accordance with Section 5-5e of 
the Illinois Public Aid Code. 
(Source: P.A. 97-689, eff. 6-14-12.)

 



    (215 ILCS 106/30)



    Sec. 30. Cost sharing. 

    (a) Children enrolled in a health benefits program pursuant 
to subdivision
(a)(2) of Section 25 and persons enrolled in a 
health benefits waiver program pursuant to Section 40 shall be 
subject to the following cost sharing
requirements:


        (1) There shall be no co-payment required for well-baby 
    or well-child
care, including age-appropriate 
    immunizations as required under
federal law.


        (2) Health insurance premiums for family members, 
    either children or adults, in families whose household

    income is above 150% of the federal poverty level shall be 
    payable
monthly, subject to rules promulgated by the 
    Department for grace periods and
advance payments, and 
    shall be as follows:


            (A) $15 per month for one family member.


            (B) $25 per month for 2 family members.


            (C) $30 per month for 3 family members.
            (D) $35 per month for 4 family members.
            (E) $40 per month for 5 or more family members.



        (3) Co-payments for children or adults in families 
    whose income is at or below
150% of the federal poverty 
    level, at a minimum and to the extent permitted
under 
    federal law, shall be $2 for all medical visits and 
    prescriptions
provided under this Act and up to $10 for 
    emergency room use for a non-emergency situation as defined 
    by the Department by rule and subject to federal approval.


        (4) Co-payments for children or adults in families 
    whose income is above 150%
of the federal poverty level, at 
    a minimum and to the extent permitted under
federal law 
    shall be as follows:


            (A) $5 for medical visits.


            (B) $3 for generic prescriptions and $5 for brand 
        name
prescriptions.


            (C) $25 for emergency room use for a non-emergency

        situation as defined by the Department by rule.


        (5) (Blank).

        (6) Co-payments shall be maximized to the extent 
    permitted by federal law and are subject to federal 
    approval. 
    (b) (Blank). Individuals enrolled in a privately sponsored 
health insurance plan
pursuant to subdivision (a)(1) of Section 
25 shall be subject to the cost
sharing provisions as stated in 
the privately sponsored health insurance plan.

(Source: P.A. 97-74, eff. 6-30-11.)

 



    (215 ILCS 106/35)



    Sec. 35. Funding. 

    (a) This Program is not an entitlement and shall not be 
construed to
create an entitlement.  Eligibility for the Program 
is subject to appropriation
of funds by the State and federal 
governments.  Subdivision (a)(2) of Section
25 shall operate and 
be funded only if subdivision (a)(1) of Section 25 is

operational and funded.  The estimated net State share of 
appropriated funds
for subdivision (a)(2) of Section 25 shall 
be equal to the estimated net State
share of appropriated funds 
for subdivision (a)(1) of Section 25.

    (b) Any requirement imposed under this Act and any 
implementation of
this Act by the Department shall cease in the 
event (1) continued receipt of
federal funds for implementation 
of this Act requires an amendment to this Act,
or (2) federal 
funds for implementation of the Act are not otherwise 
available.

    (c) Payments under this Act shall be appropriated from the 
General Revenue
Fund and other funds that are authorized to be 
used to reimburse or make
medical payments for health care 
benefits under this Act or Title XXI of the
Social Security 
Act.

    (d) Benefits under this Act shall be available only as long 
as the
intergovernmental agreements made pursuant to Section 
12-4.7 and Article XV of
the Illinois Public Aid Code and 
entered into between the Department and the
Cook County Board 
of Commissioners continue to exist.

(Source: P.A. 90-736, eff. 8-12-98; 91-24, eff. 7-1-99.)

 
    Section 7-20. The Covering ALL KIDS Health Insurance Act is 
amended by changing Section 15 as follows:
 
    (215 ILCS 170/15)
    (Section scheduled to be repealed on July 1, 2016)

    Sec. 15. Operation of Program. The Covering ALL KIDS Health 
Insurance Program is created.  The Program shall be administered 
by the Department of Healthcare and Family Services.  The 
Department shall have the same powers and authority to 
administer the Program as are provided to the Department in 
connection with the Department's administration of  the 
Illinois Public Aid Code, including, but not limited to, the 
provisions under Section 11-5.1 of the Code, and the Children's 
Health Insurance Program Act.  The Department shall coordinate 
the Program with the existing children's health programs 
operated by the Department and other State agencies. Effective 
October 1, 2013, the determination of eligibility under this 
Act shall comply with the requirements of 42 U.S.C. 
1397bb(b)(1)(B)(v) and applicable federal regulations.  If 
changes made to this Section require federal approval, they 
shall not take effect until such approval has been received. 

(Source: P.A. 96-1501, eff. 1-25-11.)
 
    Section 7-30. The Illinois Public Aid Code is amended by 
changing Section 5-1.1 as follows:
 



    (305 ILCS 5/5-1.1)  (from Ch. 23, par. 5-1.1)



    Sec. 5-1.1. Definitions. The terms defined in this Section

shall have the meanings ascribed to them, except when the

context otherwise requires.

    (a) "Nursing facility" means a facility, licensed by the 
Department of Public Health under the Nursing Home Care Act, 
that provides nursing facility services within the meaning of 
Title XIX of
the federal Social Security Act.

    (b) "Intermediate care facility for the developmentally 
disabled" or "ICF/DD" means a facility, licensed by the 
Department of Public Health under the ID/DD Community Care Act, 
that is an intermediate care facility for the mentally retarded 
within the meaning of Title XIX
of the federal Social Security 
Act.

    (c) "Standard services" means those services required for

the care of all patients in the facility and shall, as a

minimum, include the following:  (1) administration; (2)

dietary (standard); (3) housekeeping; (4) laundry and linen;

(5) maintenance of property and equipment, including 
utilities;
(6) medical records; (7) training of employees; (8) 
utilization
review; (9) activities services; (10) social 
services; (11)
disability services; and all other similar 
services required
by either the laws of the State of Illinois 
or one of its
political subdivisions or municipalities or by 
Title XIX of
the Social Security Act.

    (d) "Patient services" means those which vary with the

number of personnel; professional and para-professional
skills 
of the personnel; specialized equipment, and reflect
the 
intensity of the medical and psycho-social needs of the

patients.  Patient services shall as a minimum include:
(1) 
physical services; (2) nursing services, including
restorative 
nursing; (3) medical direction and patient care
planning; (4) 
health related supportive and habilitative
services and all 
similar services required by either the
laws of the State of 
Illinois or one of its political
subdivisions or municipalities 
or by Title XIX of the
Social Security Act.

    (e) "Ancillary services" means those services which

require a specific physician's order and defined as under
the 
medical assistance program as not being routine in
nature for 
skilled nursing facilities and ICF/DDs.
Such services 
generally must be authorized prior to delivery
and payment as 
provided for under the rules of the Department
of Healthcare 
and Family Services.

    (f) "Capital" means the investment in a facility's assets

for both debt and non-debt funds.  Non-debt capital is the

difference between an adjusted replacement value of the assets

and the actual amount of debt capital.

    (g) "Profit" means the amount which shall accrue to a

facility as a result of its revenues exceeding its expenses
as 
determined in accordance with generally accepted accounting

principles.

    (h) "Non-institutional services" means those services 
provided under
paragraph (f) of Section 3 of the Disabled 
Persons Rehabilitation Act and those services provided under 
Section 4.02 of the Illinois Act on the Aging.

    (i) (Blank).

    (j) "Institutionalized person" means an individual who is 
an inpatient
in an ICF/DD or nursing facility, or who is an 
inpatient in
a medical
institution receiving a level of care 
equivalent to that of an ICF/DD or nursing facility, or who is 
receiving services under
Section 1915(c) of the Social Security 
Act.

    (k) "Institutionalized spouse" means an institutionalized 
person who is
expected to receive services at the same level of 
care for at least 30 days
and is married to a spouse who is not 
an institutionalized person.

    (l) "Community spouse" is the spouse of an 
institutionalized spouse.

    (m) "Health Benefits Service Package" means, subject to 
federal approval, benefits covered by the medical assistance 
program as determined by the Department by rule for individuals 
eligible for medical assistance under  paragraph 18 of Section 
5-2 of this Code. 
    (n) "Federal poverty level" means the poverty guidelines 
updated periodically in the Federal Register by the U.S. 
Department of Health and Human Services.  These guidelines set 
poverty levels by family size. 
(Source: P.A. 96-1530, eff. 2-16-11; 97-227, eff. 1-1-12; 
97-820, eff. 7-17-12.)

 
    Section 7-35. The Illinois Public Aid Code is amended by 
changing Section 5-1.4 as follows:
 
    (305 ILCS 5/5-1.4)
    Sec. 5-1.4. Moratorium on eligibility expansions. 
Beginning on January 25, 2011 (the effective date of Public Act 
96-1501), there shall be a 4-year moratorium on the expansion 
of eligibility through increasing financial eligibility 
standards, or through increasing income disregards, or through 
the creation of new programs which would add new categories of 
eligible individuals under the medical assistance program in 
addition to those categories covered on January 1, 2011 or 
above the level of any subsequent reduction in eligibility. 
This moratorium shall not apply to expansions required as a 
federal condition of State participation in the medical 
assistance program or to expansions approved by the federal 
government that are financed entirely by units of local 
government and federal matching funds.  If the State of Illinois 
finds that the State has borne a cost related to such an 
expansion, the unit of local government shall reimburse the 
State. All federal funds associated with an expansion funded by 
a unit of local government shall be returned to the local 
government entity funding the expansion, pursuant to an 
intergovernmental agreement between the Department of 
Healthcare and Family Services and the local government entity. 
Within 10 calendar days of the effective date of this 
amendatory Act of the 97th General Assembly, the Department of 
Healthcare and Family Services shall formally advise the 
Centers for Medicare and Medicaid Services  of the passage of 
this amendatory Act of the 97th General Assembly.  The State is 
prohibited from submitting additional waiver requests that 
expand or allow for an increase in the classes of persons 
eligible for medical assistance under this Article to the 
federal government for its consideration beginning on the 20th 
calendar day following the effective date of this amendatory 
Act of the 97th General Assembly until January 25, 2015. This 
moratorium shall not apply to those persons eligible for 
medical assistance pursuant to 42 U.S.C. 
1396a(a)(10)(A)(i)(VIII) and 42 U.S.C. 1396a(a)(10)(A)(i)(IX).

(Source: P.A. 96-1501, eff. 1-25-11; 97-687, eff. 6-14-12.)
 
    Section 7-40. The Illinois Public Aid Code is amended by 
changing Section 5-2 as follows:
 



    (305 ILCS 5/5-2)  (from Ch. 23, par. 5-2)


    Sec. 5-2. Classes of Persons Eligible.  
    Medical assistance under this
Article shall be available to 
any of the following classes of persons in
respect to whom a 
plan for coverage has been submitted to the Governor
by the 
Illinois Department and approved by him. If changes made in 
this Section 5-2 require federal approval, they shall not take 
effect until such approval has been received:

        1. Recipients of basic maintenance grants under 
    Articles III and IV.

        2. Beginning January 1, 2014, persons Persons 
    otherwise eligible for basic maintenance under Article 
    Articles
III and IV, excluding any eligibility 
    requirements that are inconsistent with any federal law or 
    federal regulation, as interpreted by the U.S. Department 
    of Health and Human Services, but who fail to qualify 
    thereunder on the basis of need or who qualify but are not 
    receiving basic maintenance under Article IV, and
who have 
    insufficient income and resources to meet the costs of

    necessary medical care, including but not limited to the 
    following:


            (a) All persons otherwise eligible for basic 
        maintenance under Article
III but who fail to qualify 
        under that Article on the basis of need and who
meet 
        either of the following requirements:


                (i) their income, as determined by the 
            Illinois Department in
accordance with any federal 
            requirements, is equal to or less than 100% of the 
            federal poverty level 70% in
fiscal year 2001, 
            equal to or less than 85% in fiscal year 2002 and 
            until
a date to be determined by the Department by 
            rule, and equal to or less
than 100% beginning on 
            the date determined by the Department by rule, of 
            the nonfarm income official poverty
line, as 
            defined by the federal Office of Management and 
            Budget and revised
annually in accordance with 
            Section 673(2) of the Omnibus Budget 
            Reconciliation
Act of 1981, applicable to families 
            of the same size; or


                (ii) their income, after the deduction of 
            costs incurred for medical
care and for other types 
            of remedial care, is equal to or less than 100% of 
            the federal poverty level 70% in
fiscal year 2001, 
            equal to or less than 85% in fiscal year 2002 and 
            until
a date to be determined by the Department by 
            rule, and equal to or less
than 100% beginning on 
            the date determined by the Department by rule, of 
            the nonfarm income official poverty
line, as 
            defined in item (i) of this subparagraph (a).


            (b) (Blank). All persons who, excluding any 
        eligibility requirements that are inconsistent with 
        any federal law or federal regulation, as interpreted 
        by the U.S. Department of Health and Human Services, 
        would be determined eligible for such basic

        maintenance under Article IV by disregarding the 
        maximum earned income
permitted by federal law.

        3. (Blank). Persons who would otherwise qualify for Aid 
    to the Medically
Indigent under Article VII.

        4. Persons not eligible under any of the preceding 
    paragraphs who fall
sick, are injured, or die, not having 
    sufficient money, property or other
resources to meet the 
    costs of necessary medical care or funeral and burial

    expenses.


        5.(a) Women during pregnancy, after the fact
of 
    pregnancy has been determined by medical diagnosis, and 
    during the
60-day period beginning on the last day of the 
    pregnancy, together with
their infants and children born 
    after September 30, 1983,
whose income is at or below 200% 
    of the federal poverty level. Until September 30, 2019, or 
    sooner if the maintenance of effort requirements under the 
    Patient Protection and Affordable Care Act are eliminated 
    or may be waived before then, women during pregnancy and 
    during the 60-day period beginning on the last day of the 
    pregnancy, whose countable monthly income, after the 
    deduction of costs incurred for medical care and for other 
    types of remedial care as specified in administrative rule, 
    is equal to or less than the Medical Assistance-No Grant(C) 
    (MANG(C)) Income Standard in effect on April 1, 2013 as set 
    forth in administrative rule and
resources are 
    insufficient to meet the costs of necessary medical care to

    the maximum extent possible under Title XIX of the
Federal 
    Social Security Act.


        (b) The plan for coverage Illinois Department and the 
    Governor shall provide a plan for
coverage of the persons 
    eligible under paragraph 5(a) by April 1, 1990.  Such
plan 
    shall provide ambulatory prenatal care to pregnant women 
    during a
presumptive eligibility period and establish an 
    income eligibility standard
that is equal to 200% of the 
    federal poverty level 133%
of the nonfarm income official 
    poverty line, as defined by
the federal Office of 
    Management and Budget and revised annually in
accordance 
    with Section 673(2) of the Omnibus Budget Reconciliation 
    Act of
1981, applicable to families of the same size, 
    provided that costs incurred
for medical care are not taken 
    into account in determining such income
eligibility.


        (c) The Illinois Department may conduct a 
    demonstration in at least one
county that will provide 
    medical assistance to pregnant women, together
with their 
    infants and children up to one year of age,
where the 
    income
eligibility standard is set up to 185% of the 
    nonfarm income official
poverty line, as defined by the 
    federal Office of Management and Budget.
The Illinois 
    Department shall seek and obtain necessary authorization

    provided under federal law to implement such a 
    demonstration.  Such
demonstration may establish resource 
    standards that are not more
restrictive than those 
    established under Article IV of this Code.

        6. (a) Children younger than age 19 when countable 
    income is at or below 133% of the federal poverty level.  
    Until September 30, 2019, or sooner if the maintenance of 
    effort requirements under the Patient Protection and 
    Affordable Care Act are eliminated or may be waived before 
    then, children younger than age 19 whose countable monthly 
    income, after the deduction of costs incurred for medical 
    care and for other types of remedial care as specified in 
    administrative rule, is equal to or less than the Medical 
    Assistance-No Grant(C) (MANG(C)) Income Standard in effect 
    on April 1, 2013 as set forth in administrative rule.
        (b)  Children and youth who are under temporary custody 
    or guardianship of the Department of Children and Family 
    Services or who receive financial assistance in support of 
    an adoption or guardianship placement from the Department 
    of Children and Family Services. 
    Persons under the age of 18 who fail to qualify as dependent 
    under
Article IV and who have insufficient income and 
    resources to meet the costs
of necessary medical care to 
    the maximum extent permitted under Title XIX
of the Federal 
    Social Security Act.

        7. (Blank).




        8. As required under federal law, persons who are 
    eligible for Transitional Medical Assistance as a result of 
    an increase in earnings or child or spousal support 
    received. Persons who become ineligible for basic 
    maintenance assistance
under Article IV of this Code in 
    programs administered by the Illinois
Department due to 
    employment earnings and persons in
assistance units 
    comprised of adults and children who become ineligible for

    basic maintenance assistance under Article VI of this Code 
    due to
employment earnings.  The plan for coverage for this 
    class of persons shall:


            (a) extend the medical assistance coverage to the 
        extent required by federal law for up to 12 months 
        following
termination of basic maintenance assistance; 
        and


            (b) offer persons who have initially received 6 
        months of the
coverage provided in paragraph (a) above, 
        the option of receiving an
additional 6 months of 
        coverage, subject to the following:


                (i) such coverage shall be pursuant to 
            provisions of the federal
Social Security Act;


                (ii) such coverage shall include all services 
            covered under Illinois' State Medicaid Plan while 
            the person
was eligible for basic maintenance 
            assistance;


                (iii) no premium shall be charged for such 
            coverage; and


                (iv) such coverage shall be suspended in the 
            event of a person's
failure without good cause to 
            file in a timely fashion reports required for
this 
            coverage under the Social Security Act and 
            coverage shall be reinstated
upon the filing of 
            such reports if the person remains otherwise 
            eligible.

        9. Persons with acquired immunodeficiency syndrome 
    (AIDS) or with
AIDS-related conditions with respect to whom 
    there has been a determination
that but for home or 
    community-based services such individuals would
require 
    the level of care provided in an inpatient hospital, 
    skilled
nursing facility or intermediate care facility the 
    cost of which is
reimbursed under this Article.  Assistance 
    shall be provided to such
persons to the maximum extent 
    permitted under Title
XIX of the Federal Social Security 
    Act.

        10. Participants in the long-term care insurance 
    partnership program
established under the Illinois 
    Long-Term Care Partnership Program Act who meet the

    qualifications for protection of resources described in 
    Section 15 of that
Act.

        11. Persons with disabilities who are employed and 
    eligible for Medicaid,
pursuant to Section 
    1902(a)(10)(A)(ii)(xv) of the Social Security Act, and, 
    subject to federal approval, persons with a medically 
    improved disability who are employed and eligible for 
    Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of 
    the Social Security Act, as
provided by the Illinois 
    Department by rule. In establishing eligibility standards 
    under this paragraph 11, the Department shall, subject to 
    federal approval:
            (a) set the income eligibility standard at not 
        lower than 350% of the federal poverty level;
            (b) exempt retirement accounts that the person 
        cannot access without penalty before the age
        of 59 1/2, 
        and medical savings accounts established pursuant to 
        26 U.S.C. 220;
            (c) allow non-exempt assets up to $25,000 as to 
        those assets accumulated during periods of eligibility 
        under this paragraph 11; and

            (d) continue to apply subparagraphs (b) and (c) in 
        determining the eligibility of the person under this 
        Article even if the person loses eligibility under this 
        paragraph 11.

        12. Subject to federal approval, persons who are 
    eligible for medical
assistance coverage under applicable 
    provisions of the federal Social Security
Act and the 
    federal Breast and Cervical Cancer Prevention and 
    Treatment Act of
2000.  Those eligible persons are defined 
    to include, but not be limited to,
the following persons:


            (1) persons who have been screened for breast or 
        cervical cancer under
the U.S. Centers for Disease 
        Control and Prevention Breast and Cervical Cancer

        Program established under Title XV of the federal 
        Public Health Services Act in
accordance with the 
        requirements of Section 1504 of that Act as 
        administered by
the Illinois Department of Public 
        Health; and


            (2) persons whose screenings under the above 
        program were funded in whole
or in part by funds 
        appropriated to the Illinois Department of Public 
        Health
for breast or cervical cancer screening.

        "Medical assistance" under this paragraph 12 shall be 
    identical to the benefits
provided under the State's 
    approved plan under Title XIX of the Social Security
Act.  
    The Department must request federal approval of the 
    coverage under this
paragraph 12 within 30 days after the 
    effective date of this amendatory Act of
the 92nd General 
    Assembly.

        In addition to the persons who are eligible for medical 
    assistance pursuant to subparagraphs (1) and (2) of this 
    paragraph 12, and to be paid from funds appropriated to the 
    Department for its medical programs, any uninsured person 
    as defined by the Department in rules residing in Illinois 
    who is younger than 65 years of age, who has been screened 
    for breast and cervical cancer in accordance with standards 
    and procedures adopted by the Department of Public Health 
    for screening, and who is referred to the Department by the 
    Department of Public Health as being in need of treatment 
    for breast or cervical cancer is eligible for medical 
    assistance benefits that are consistent with the benefits 
    provided to those persons described in subparagraphs (1) 
    and (2). Medical assistance coverage for the persons who 
    are eligible under the preceding sentence is not dependent 
    on federal approval, but  federal moneys may be used to pay 
    for services provided under that coverage upon federal 
    approval. 
        13. Subject to appropriation and to federal approval, 
    persons living with HIV/AIDS who are not otherwise eligible 
    under this Article and who qualify for services covered 
    under Section 5-5.04 as provided by the Illinois Department 
    by rule.

        14.    Subject to the availability of funds for this 
    purpose, the Department may provide coverage under this 
    Article to persons who reside in Illinois who are not 
    eligible under any of the preceding paragraphs and who meet 
    the income guidelines of paragraph 2(a) of this Section and 
    (i) have an application for asylum pending before the 
    federal Department of Homeland Security or on appeal before 
    a court of competent jurisdiction and are represented 
    either by counsel or by an advocate accredited by the 
    federal Department of Homeland Security and employed by a 
    not-for-profit organization in regard to that application 
    or appeal, or (ii) are receiving services through a 
    federally funded torture treatment center. Medical 
    coverage under this paragraph 14 may be provided for up to 
    24 continuous months from the initial eligibility date so 
    long as an individual continues to satisfy the criteria of 
    this paragraph 14. If an individual has an appeal pending 
    regarding an application for asylum before the Department 
    of Homeland Security, eligibility under this paragraph 14 
    may be extended until a final decision is rendered on the 
    appeal. The Department may adopt rules governing the 
    implementation of this paragraph 14.

        15. Family Care Eligibility.
            (a) On and after July 1, 2012, a parent or other 
        caretaker relative who is 19 years of age or  older when 
        countable income is at or below 133% of the federal 
        poverty level Federal Poverty Level Guidelines, as 
        published annually in the Federal Register, for the 
        appropriate family size. A person may not spend down to 
        become eligible under this paragraph 15. 
            (b) Eligibility shall be reviewed annually.
            (c) (Blank).
            (d) (Blank).
            (e) (Blank).
            (f) (Blank).
            (g) (Blank).
            (h) (Blank).
            (i) Following termination of an individual's  
        coverage under this paragraph 15, the individual must 
        be determined eligible before the person can be 
        re-enrolled.
        16. Subject to appropriation, uninsured persons who 
    are not otherwise eligible under this Section who have been 
    certified and referred by the Department of Public Health 
    as having been screened and found to need diagnostic 
    evaluation or treatment, or both diagnostic evaluation and 
    treatment, for prostate or testicular cancer.  For the 
    purposes of this paragraph 16, uninsured persons are those 
    who do not have creditable coverage, as defined under the 
    Health Insurance Portability and Accountability Act, or 
    have otherwise exhausted any insurance benefits they may 
    have had, for prostate or testicular cancer diagnostic 
    evaluation or treatment, or both diagnostic evaluation and 
    treatment.

To be eligible, a person must furnish a Social 
    Security number.

A person's assets are exempt from 
    consideration in determining eligibility under this 
    paragraph 16.

Such persons shall be eligible for medical 
    assistance under this paragraph 16 for so long as they need 
    treatment for the cancer.  A person shall be considered to 
    need treatment if, in the opinion of the person's treating 
    physician, the person requires therapy directed toward 
    cure or palliation of prostate or testicular cancer, 
    including recurrent metastatic cancer that is a known or 
    presumed complication of prostate or testicular cancer and 
    complications resulting from the treatment modalities 
    themselves.  Persons who require only routine monitoring 
    services are not considered to need treatment.

"Medical 
    assistance" under this paragraph 16 shall be identical to 
    the benefits provided under the State's approved plan under 
    Title XIX of the Social Security Act.

Notwithstanding any 
    other provision of law, the Department (i) does not have a 
    claim against the estate of a deceased recipient of 
    services under this paragraph 16 and (ii) does not have a 
    lien against any homestead property or other legal or 
    equitable real property interest owned by a recipient of 
    services under this paragraph 16.
        17.  Persons who, pursuant to a waiver approved by the 
    Secretary of the U.S. Department of Health and Human 
    Services, are eligible for medical assistance under Title 
    XIX or XXI of the federal Social Security Act.  
    Notwithstanding any other provision of this Code and 
    consistent with the terms of the approved waiver, the 
    Illinois Department, may by rule: 
            (a)         Limit the geographic areas in which the waiver 
        program operates. 
            (b) Determine the scope, quantity, duration, and 
        quality, and the rate and method of reimbursement, of 
        the medical services to be provided, which may differ 
        from those for other classes of persons eligible for 
        assistance under this Article. 
            (c)         Restrict the persons' freedom in choice of 
        providers. 
        18. Beginning  January 1, 2014, persons aged 19 or 
    older, but younger than 65, who are not otherwise eligible 
    for medical assistance under this Section 5-2, who qualify 
    for medical assistance pursuant to 42 U.S.C. 
    1396a(a)(10)(A)(i)(VIII) and applicable federal 
    regulations, and who have income at or below 133% of the 
    federal poverty level plus 5% for the applicable family 
    size as determined pursuant to 42 U.S.C. 1396a(e)(14) and 
    applicable federal regulations.  Persons eligible for 
    medical assistance under this paragraph 18 shall receive 
    coverage for the Health Benefits Service Package as that 
    term is defined in subsection (m) of Section 5-1.1 of this 
    Code. If Illinois' federal medical assistance percentage 
    (FMAP) is reduced below 90% for persons eligible for 
    medical
assistance under this paragraph 18, eligibility 
    under this paragraph 18 shall cease no later than the end 
    of the third month following the month in which the 
    reduction in FMAP takes effect. 
        19. Beginning January 1, 2014, as required under 42 
    U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18 
    and younger than age 26 who are not otherwise eligible for 
    medical assistance under paragraphs (1) through (17) of 
    this Section who (i) were in foster care under the 
    responsibility of the State on the date of attaining age 18 
    or on the date of attaining age 21 when a court has 
    continued wardship for good cause as provided in Section 
    2-31 of the Juvenile Court Act of 1987 and (ii) received 
    medical assistance under the Illinois Title XIX State Plan 
    or waiver of such plan while in foster care. 
    In implementing the provisions of Public Act 96-20, the 
Department is authorized to adopt only those rules necessary, 
including emergency rules. Nothing in Public Act 96-20 permits 
the Department to adopt rules or issue a decision that expands 
eligibility for the FamilyCare Program to a person whose income 
exceeds 185% of the Federal Poverty Level as determined from 
time to time by the U.S. Department of Health and Human 
Services, unless the Department is provided with express 
statutory authority. 
    The Illinois Department and the Governor shall provide a 
plan for
coverage of the persons eligible under paragraph 7 as 
soon as possible after
July 1, 1984.

    The eligibility of any such person for medical assistance 
under this
Article is not affected by the payment of any grant 
under the Senior
Citizens and Disabled Persons Property Tax 
Relief Act or any distributions or items of income described 
under
subparagraph (X) of
paragraph (2) of subsection (a) of 
Section 203 of the Illinois Income Tax
Act.
    The Department shall by rule establish the amounts of

assets to be disregarded in determining eligibility for medical 
assistance,
which shall at a minimum equal the amounts to be 
disregarded under the
Federal Supplemental Security Income 
Program.  The amount of assets of a
single person to be 
disregarded
shall not be less than $2,000, and the amount of 
assets of a married couple
to be disregarded shall not be less 
than $3,000.

    To the extent permitted under federal law, any person found 
guilty of a
second violation of Article VIIIA
shall be 
ineligible for medical assistance under this Article, as 
provided
in Section 8A-8.

    The eligibility of any person for medical assistance under 
this Article
shall not be affected by the receipt by the person 
of donations or benefits
from fundraisers held for the person 
in cases of serious illness,
as long as neither the person nor 
members of the person's family
have actual control over the 
donations or benefits or the disbursement
of the donations or 
benefits.

    Notwithstanding any other provision of this Code, if the 
United States Supreme Court holds Title II, Subtitle A, Section 
2001(a) of Public Law 111-148 to be unconstitutional, or if a 
holding of Public Law 111-148 makes Medicaid eligibility 
allowed under Section 2001(a) inoperable, the State or a unit 
of local government shall be prohibited from enrolling 
individuals in the Medical Assistance Program as the result of 
federal approval of a State Medicaid waiver on or after the 
effective date of this amendatory Act of the 97th General 
Assembly, and any individuals enrolled in the Medical 
Assistance Program pursuant to eligibility permitted as a 
result of such a State Medicaid waiver shall become immediately 
ineligible. 
    Notwithstanding any other provision of this Code, if an Act 
of Congress that becomes a Public Law eliminates Section 
2001(a) of Public Law 111-148, the State or a unit of local 
government shall be prohibited from enrolling individuals in 
the Medical Assistance Program as the result of federal 
approval of a State Medicaid waiver on or after the effective 
date of this amendatory Act of the 97th General Assembly, and 
any individuals enrolled in the Medical Assistance Program 
pursuant to eligibility permitted as a result of such a State 
Medicaid waiver shall become immediately ineligible. 
    Effective October 1, 2013, the determination of 
eligibility of persons who qualify under paragraphs 5, 6, 8, 
15, 17, and 18 of this Section shall comply with the 
requirements of 42 U.S.C. 1396a(e)(14) and applicable federal 
regulations. 
    The Department of Healthcare and Family Services, the 
Department of Human Services, and the Illinois health insurance 
marketplace shall work cooperatively to assist persons who 
would otherwise lose health benefits as a result of changes 
made under this amendatory Act of the 98th General Assembly to 
transition to other health insurance coverage. 
(Source: P.A. 96-20, eff. 6-30-09; 96-181, eff. 8-10-09; 
96-328, eff. 8-11-09; 96-567, eff. 1-1-10; 96-1000, eff. 
7-2-10; 96-1123, eff. 1-1-11; 96-1270, eff. 7-26-10; 97-48, 
eff. 6-28-11; 97-74, eff. 6-30-11; 97-333, eff. 8-12-11; 
97-687, eff. 6-14-12; 97-689, eff. 6-14-12; 97-813, eff. 
7-13-12; revised 7-23-12.)

 
    Section 7-50. The Veterans' Health Insurance Program Act of 
2008 is amended by changing Section 10 as follows:
 
    (330 ILCS 126/10)

    Sec. 10. Operation of the Program. 
    (a) The Veterans' Health Insurance Program  is created.  This 
Program is not an entitlement.  Enrollment is based on the 
availability of funds, and enrollment may be capped based on  
funds appropriated for the Program. As soon as practical after 
the effective date of this Act, coverage for this Program shall 
begin. The Program shall be administered by the Department of 
Healthcare and Family Services in collaboration with the 
Department of Veterans' Affairs.  The Department shall have the 
same powers and authority to administer the Program as are 
provided to the Department in connection with the Department's 
administration of the Illinois Public Aid Code.  The Department 
shall coordinate the Program with other health programs 
operated by the Department and other State and federal 
agencies.
    (b) The Department shall operate the Program in a manner so 
that the estimated cost of the Program during the fiscal year 
will not exceed the total appropriation for the Program. The 
Department may take any appropriate action to limit spending or 
enrollment into the Program, including, but not limited to, 
ceasing to accept or process applications, reviewing 
eligibility more frequently than annually, adjusting 
cost-sharing, or reducing the income threshold for eligibility 
as necessary to control expenditures for the Program.

    (c) Notwithstanding subsections (a) and (b) and with the 
mutual agreement of the Department of Veterans' Affairs and the 
Department of Healthcare and Family Services, the operation of 
the Program may be changed to simplify its administration and 
to take advantage of health insurance coverage that may be 
available to veterans under the Patient Protection and 
Affordable Care Act. 
(Source: P.A. 95-755, eff. 7-25-08.)
 
    Section 7-60. The Renal Disease Treatment Act is amended by 
changing Section  3 as follows:
 



    (410 ILCS 430/3)  (from Ch. 111 1/2, par. 22.33)



    Sec. 3. Duties of Departments of Healthcare and Family 
Services and Public Health. 

    (A) The Department of Healthcare and Family Services shall:


        (a) Develop With the advice of the Renal Disease 
    Advisory Committee, develop
standards for determining 
    eligibility for care and treatment under this
program. 
    Among other standards so developed under this paragraph,

    candidates, to be eligible for care and treatment, must be 
    evaluated in a
center properly staffed and equipped for 
    such evaluation.


        (b) (Blank).


        (c) (Blank).


        (d) Extend financial assistance to persons suffering 
    from chronic renal
diseases in obtaining the medical, 
    surgical, nursing, pharmaceutical, and
technical services 
    necessary in caring for such diseases, including the

    renting of home dialysis equipment. The Renal Disease 
    Advisory Committee
shall recommend to the Department the 
    extent of financial assistance,
including the reasonable 
    charges and fees, for:


            (1) Treatment in a dialysis facility;


            (2) Hospital treatment for dialysis and transplant 
        surgery;


            (3) Treatment in a limited care facility;


            (4) Home dialysis training; and


            (5) Home dialysis.


        (e) (Blank). Assist in equipping dialysis centers.

        (f) On and after July 1, 2012, the Department shall 
    reduce any rate of reimbursement for services or other 
    payments or alter any methodologies authorized by this Act 
    or the Illinois Public Aid Code to reduce any rate of 
    reimbursement for services or other payments in accordance 
    with Section 5-5e of the Illinois Public Aid Code. 
    Effective January 1, 2014, coverage under this Act  shall be 
coordinated with the requirements of the Patient Protection and

Affordable Care Act and eligibility under this Act shall be 
available only to individuals who have met their obligations  
under the Patient Protection and
Affordable Care Act to obtain 
health insurance. For purposes of this Act, payment of a tax 
penalty for failing to obtain insurance is not considered 
fulfilling the obligation to obtain health insurance under the 
Patient Protection and
Affordable Care Act.   Coverage of the 
services listed in paragraph (d) of this subsection shall be 
coordinated with the individual's health insurance plan. 
    The Department of Healthcare and Family Services, the 
Department of Human Services, and the Illinois health insurance 
marketplace shall work cooperatively to assist persons 
enrolled for services under this Act to obtain health insurance 
coverage prior to January 1, 2014. 
    (B) The Department of Public Health shall:


        (a) Assist in the development and expansion of programs 
    for
the care and treatment of persons suffering from 
    chronic renal
diseases, including dialysis and other 
    medical or surgical procedures
and techniques that will 
    have a lifesaving effect in the care and
treatment of 
    persons suffering from these diseases.


        (b) Assist in the development of programs for the 
    prevention of
chronic renal diseases.


        (c) Institute and carry on an educational program among

    physicians,
hospitals, public health departments, and the 
    public concerning chronic
renal diseases, including the 
    dissemination of information and the
conducting of 
    educational programs concerning the prevention of chronic

    renal diseases and the methods for the care and treatment 
    of persons
suffering from these diseases.

(Source: P.A. 97-689, eff. 6-14-12.)

 
    (410 ILCS 430/2 rep.)
    Section 7-61. The Renal Disease Treatment Act is amended by 
repealing Section 2.
 
    Section 7-70. The Hemophilia Care Act is amended by 
changing Sections 1, 1.5, and 3 as follows:
 



    (410 ILCS 420/1)  (from Ch. 111 1/2, par. 2901)



    Sec. 1. Definitions. As used in this Act, unless the 
context clearly
requires otherwise:

    (1) "Department" means the Department of Healthcare and 
Family Services.

    (1.5) "Director" means the Director of Healthcare and 
Family Services and the Director of Insurance.

    (2) (Blank).

    (3) "Hemophilia" means a bleeding tendency resulting from a 
genetically
determined deficiency in the blood.

    (4) (Blank).

    (5) "Eligible person" means any resident of the State 
suffering from
hemophilia.

    (6) "Family" means:


        (a) In the case of a patient who is a dependent of 
    another person or
couple
as defined by the Illinois Income 
    Tax Act, all those persons for whom exemption
is claimed in 
    the State income tax return of the person or couple whose

    dependent the eligible person is, and


        (b) In all other cases, all those persons for whom 
    exemption is
claimed
in the State income tax return of the 
    eligible person, or of the eligible
person and his spouse.

    (7) "Eligible cost of hemophilia services" means the cost 
of blood
transfusions,
blood derivatives, and for outpatient 
services, of physician charges, medical
supplies, and 
appliances, used in the treatment of eligible persons for

hemophilia, plus one half of the cost of hospital inpatient 
care, minus
any amount of such cost which is eligible for 
payment or reimbursement by
any hospital or medical insurance 
program, by any other government medical
or financial 
assistance program, or by any charitable assistance
program.

    (8) "Gross income" means the base income for State income 
tax purposes
of all members of the family.

    (9) "Available family income" means the lesser of:


        (a) Gross income minus the sum of (1) $5,500,
and (2) 
    $3,500 times the number of persons
in the family, or


        (b) One half of gross income.

    (10) (Blank). "Board" means the Hemophilia Advisory Review 
Board.

(Source: P.A. 95-12, eff. 7-2-07; 95-331, eff. 8-21-07.)

 
    (410 ILCS 420/1.5)
    Sec. 1.5. Findings. The General Assembly finds all of the 
following:
        (1) Inherited hemophilia and other bleeding disorders 
    are devastating health conditions that can cause serious 
    financial, social, and emotional hardships for patients 
    and their families.  Hemophilia, which occurs predominantly 
    in males, is a rare but well-known type of inherited 
    bleeding disorder in which one of several proteins normally 
    found in blood are either deficient or inactive, and 
    causing pain, swelling, and permanent damage to joints and 
    muscles.  The disorder affects Americans of all racial and 
    ethnic backgrounds. In about one-third of all cases, there 
    is no known family history of the disorder.  In these cases, 
    the disease developed after a new or spontaneous gene 
    mutation.
        (2) Hemophilia is one of a spectrum of devastating 
    chronic bleeding disorders impacting Americans.  Von 
    Willebrand Disease, another type of bleeding disorder, is 
    caused by a deficiency on the von Willebrand protein.  
    Persons with the disorder often bruise easily, have 
    frequent nosebleeds, or bleed after tooth extraction, 
    tonsillectomy, or other surgery.  In some instances, women 
    will have prolonged menstrual bleeding. The disorder 
    occurs in about 1% to 2% of the U.S. population.
        (3) Appropriate care and treatment are necessities for 
    maintaining optimum health for persons afflicted with 
    hemophilia and other bleeding disorders.
        (4) While hemophilia and other bleeding disorders are 
    incurable, advancements in drug therapies are allowing 
    individuals greater latitude in managing their conditions, 
    fostering independence, and minimizing chronic 
    complications such as damage to the joints and muscles, 
    blood-transmitted infectious diseases, and chronic liver 
    diseases.  At the same time, treatment for clotting 
    disorders is saving more and more lives.  The rarity of 
    these disorders coupled with the delicate processes for 
    producing factors, however, makes treating these disorders 
    extremely costly.  As a result, insurance coverage is a 
    major concern for patients and their families.
        (5) It is thus the intent of the General Assembly to 
    coordinate State support for through implementation of 
    this Act to establish an advisory board to provide expert 
    advice to the State on health and insurance policies, 
    plans, and public health programs that impact individuals 
    with hemophilia and other bleeding disorders with the 
    health insurance protections made available to all 
    Americans under the Patient Protection and Affordable Care 
    Act.

(Source: P.A. 95-12, eff. 7-2-07.)
 



    (410 ILCS 420/3)  (from Ch. 111 1/2, par. 2903)



    Sec. 3. The powers and duties of the Department shall 
include the following: 

        (1) Develop With the advice and counsel of the 
    Committee, develop standards for
determining eligibility 
    for care and treatment under this program.  Among
other 
    standards developed under this Section, persons suffering 
    from hemophilia
must be evaluated in a center properly 
    staffed and equipped for such
evaluation,
but not operated 
    by the Department.

        (2) (Blank).

        (3) Extend financial assistance to eligible persons in 
    order that they
may obtain blood and blood derivatives for 
    use in hospitals, in medical
and dental facilities, or at 
    home.  The Department shall extend financial
assistance in 
    each fiscal year to each family containing one or more 
    eligible
persons in the amount of (a) the family's eligible 
    cost of hemophilia services
for that fiscal year, minus (b) 
    one fifth of its available family income
for its next 
    preceding taxable year.  The Director may extend
financial

    assistance in the case of unusual hardships, according to 
    specific procedures
and conditions adopted for this 
    purpose in the rules and regulations
promulgated
by the 
    Department to implement and administer this Act.

        (4) (Blank).

        (5) Promulgate rules and regulations with the advice 
    and counsel of the
Committee for the implementation and 
    administration of this Act.

    Effective January 1, 2014, coverage under this Act  shall be 
coordinated with the requirements of the Patient Protection and

Affordable Care Act and eligibility under this Act shall be 
available only to individuals who have met their obligations  
under the Patient Protection and
Affordable Care Act to obtain 
health insurance.  For purposes of this Act, payment of a tax 
penalty for failing to obtain insurance is not considered 
fulfilling the obligation to obtain health insurance under the 
Patient Protection and
Affordable Care Act.  Coverage of blood 
and blood derivatives for use in hospitals, in medical and 
dental facilities, or at home shall be coordinated with the 
individual's health insurance plan. 
    The Department of Healthcare and Family Services, the 
Department of Human Services, and the Illinois health insurance 
marketplace shall work cooperatively to assist persons 
enrolled for services under this Act to obtain health insurance 
coverage prior to January 1, 2014. 
    On and after July 1, 2012, the Department shall reduce any 
rate of reimbursement for services or other payments or alter 
any methodologies authorized by this Act or the Illinois Public 
Aid Code to reduce any rate of reimbursement for services or 
other payments in accordance with Section 5-5e of the Illinois 
Public Aid Code. 
(Source: P.A. 97-689, eff. 6-14-12.)

 
    (410 ILCS 420/2.5 rep.)
    Section 7-71. The Hemophilia Care Act is amended by 
repealing Section 2.5.
 
ARTICLE 8.

 
    Section 8-5. The Illinois Public Aid Code is amended  by 
changing Sections 5A-2, 5A-4, 5A-5, 5A-8, and 5A-12.4 as 
follows:
 
    (305 ILCS 5/5A-2)  (from Ch. 23, par. 5A-2)
    (Section scheduled to be repealed on January 1, 2015)
    Sec. 5A-2. Assessment.


    (a)
Subject to Sections 5A-3 and 5A-10, for State fiscal 
years 2009 through 2014, and from July 1, 2014 through December 
31, 2014, an annual assessment on inpatient services is imposed 
on each hospital provider in an amount equal to $218.38 
multiplied by the difference of the hospital's occupied bed 
days less the hospital's Medicare bed days.
    For State fiscal years 2009 through 2014, and after a 
hospital's occupied bed days and Medicare bed days shall be 
determined using the most recent data available from each 
hospital's 2005 Medicare cost report as contained in the 
Healthcare Cost Report Information System file, for the quarter 
ending on December 31, 2006, without regard to any subsequent 
adjustments or changes to such data.  If a hospital's 2005 
Medicare cost report is not contained in the Healthcare Cost 
Report Information System, then the Illinois Department may 
obtain the hospital provider's occupied bed days and Medicare 
bed days from any source available, including, but not limited 
to, records maintained by the hospital provider, which may be 
inspected at all times during business hours of the day by the 
Illinois Department or its duly authorized agents and 
employees. 
    (b) (Blank).


    (b-5) Subject to Sections 5A-3 and 5A-10, for the portion 
of State fiscal year 2012, beginning June 10, 2012 through June 
30, 2012, and for State fiscal years 2013 through 2014, and 
July 1, 2014 through December 31, 2014, an annual assessment on 
outpatient services is imposed on each hospital provider in an 
amount equal to .008766 multiplied by the hospital's outpatient 
gross revenue. For the period beginning June 10, 2012 through 
June 30, 2012, the annual assessment on outpatient services 
shall be prorated by multiplying the assessment amount by a 
fraction, the numerator of which is 21 days and the denominator 
of which is 365 days. 
    For the portion of State fiscal year 2012, beginning June 
10, 2012 through June 30, 2012, and State fiscal years 2013 
through 2014, and July 1, 2014 through December 31, 2014, a 
hospital's outpatient gross revenue shall be determined using 
the most recent data available from each hospital's 2009 
Medicare cost report as contained in the Healthcare Cost Report 
Information System file, for the quarter ending on June 30, 
2011, without regard to any subsequent adjustments or changes 
to such data. If a hospital's 2009 Medicare cost report is not 
contained in the Healthcare Cost Report Information System, 
then the Department may obtain the hospital provider's 
outpatient gross revenue from any source available, including, 
but not limited to, records maintained by the hospital 
provider, which may be inspected at all times during business 
hours of the day by the Department or its duly authorized 
agents and employees. 
    (c) (Blank).


    (d) Notwithstanding any of the other provisions of this 
Section, the Department is authorized to adopt rules to reduce 
the rate of any annual assessment imposed under this Section, 
as authorized by Section 5-46.2 of the Illinois Administrative 
Procedure Act.

    (e) Notwithstanding any other provision of this Section, 
any plan providing for an assessment on a hospital provider as 
a permissible tax under Title XIX of the federal Social 
Security Act and Medicaid-eligible payments to hospital 
providers from the revenues derived from that assessment shall 
be reviewed by the Illinois Department of Healthcare and Family 
Services, as the Single State Medicaid Agency required by 
federal law, to determine whether those assessments and 
hospital provider payments meet federal Medicaid standards. If 
the Department determines that the elements of the plan may 
meet federal Medicaid standards and a related State Medicaid 
Plan Amendment is prepared in a manner and form suitable for 
submission, that State Plan Amendment shall be submitted in a 
timely manner for review by the Centers for Medicare and 
Medicaid Services of the United States Department of Health and 
Human Services and subject to approval by the Centers for 
Medicare and Medicaid Services of the United States Department 
of Health and Human Services. No such plan shall become 
effective without approval by the Illinois General Assembly by 
the enactment into law of related legislation. Notwithstanding 
any other provision of this Section, the Department is 
authorized to adopt rules to reduce the rate of any annual 
assessment imposed under this Section.  Any such rules may be 
adopted by the Department under Section 5-50 of the Illinois 
Administrative Procedure Act. 
(Source: P.A. 96-1530, eff. 2-16-11; 97-688, eff. 6-14-12; 
97-689, eff. 6-14-12.)


 
    (305 ILCS 5/5A-4)  (from Ch. 23, par. 5A-4)
    Sec. 5A-4. Payment of assessment; penalty.

    (a) The assessment imposed by Section 5A-2 for State fiscal 
year 2009 and each subsequent State fiscal year shall be due 
and payable in monthly installments, each equaling one-twelfth 
of the assessment for the year, on the fourteenth State 
business day of each month.
No installment payment of an 
assessment imposed by Section 5A-2 shall be due
and
payable, 
however, until after the Comptroller has issued the payments 
required under this Article.

    Except as provided in subsection (a-5) of this Section, the 
assessment imposed by subsection (b-5) of Section 5A-2 for the 
portion of State fiscal year 2012 beginning June 10, 2012 
through June 30, 2012, and for State fiscal year 2013 and each 
subsequent State fiscal year shall be due and payable in 
monthly installments, each equaling one-twelfth of the 
assessment for the year, on the 14th State business day of each 
month. No installment payment of an assessment imposed by 
subsection (b-5) of Section 5A-2 shall be due and payable, 
however, until after: (i) the Department notifies the hospital 
provider, in writing, that the payment methodologies to 
hospitals required under Section  5A-12.4, have been approved by 
the Centers for Medicare and Medicaid Services of the U.S. 
Department of Health and Human Services, and the waiver under 
42 CFR 433.68 for the assessment imposed by subsection (b-5) of 
Section 5A-2, if necessary, has been granted by the Centers for 
Medicare and Medicaid Services of the U.S. Department of Health 
and Human Services; and (ii) the Comptroller has issued the 
payments required under Section 5A-12.4. Upon notification to 
the Department of approval of the payment methodologies 
required under Section 5A-12.4 and the waiver granted under 42 
CFR 433.68, if necessary, all installments otherwise due under 
subsection (b-5) of Section 5A-2 prior to the date of 
notification shall be due and payable to the Department upon 
written direction from the Department and issuance by the 
Comptroller of the payments required under Section 5A-12.4. 
    (a-5) The Illinois Department may accelerate the schedule 
upon which assessment installments are due and payable by 
hospitals with a payment ratio greater than or equal to one.  
Such acceleration of due dates for payment of the assessment 
may be made only in conjunction with a corresponding 
acceleration in access payments identified in Section 5A-12.2 
or Section 5A-12.4 to the same hospitals.  For the purposes of 
this subsection (a-5), a hospital's payment ratio is defined as 
the quotient obtained by dividing the total payments for the 
State fiscal year, as authorized under Section 5A-12.2 or 
Section 5A-12.4, by the total assessment for the State fiscal 
year imposed under Section 5A-2 or subsection (b-5) of Section 
5A-2. 
    (b) The Illinois Department is authorized to establish

delayed payment schedules for hospital providers that are 
unable
to make installment payments when due under this Section 
due to
financial difficulties, as determined by the Illinois 
Department.

    (c) If a hospital provider fails to pay the full amount of

an installment when due (including any extensions granted under

subsection (b)), there shall, unless waived by the Illinois

Department for reasonable cause, be added to the assessment

imposed by Section 5A-2 a penalty
assessment equal to the 
lesser of (i) 5% of the amount of the
installment not paid on 
or before the due date plus 5% of the
portion thereof remaining 
unpaid on the last day of each 30-day period

thereafter or (ii) 
100% of the installment amount not paid on or
before the due 
date.  For purposes of this subsection, payments
will be 
credited first to unpaid installment amounts (rather than
to 
penalty or interest), beginning with the most delinquent

installments.

    (d) Any assessment amount that is due and payable to the 
Illinois Department more frequently than once per calendar 
quarter shall be remitted to the Illinois Department by the 
hospital provider by means of electronic funds transfer.  The 
Illinois Department may provide for remittance by other means 
if (i) the amount due is less than $10,000 or (ii) electronic 
funds transfer is unavailable for this purpose. 
(Source: P.A. 96-821, eff. 11-20-09; 97-688, eff. 6-14-12; 
97-689, eff. 6-14-12.)
 
    (305 ILCS 5/5A-5)  (from Ch. 23, par. 5A-5)
    Sec. 5A-5. Notice; penalty; maintenance of records.

    (a)
The Illinois Department shall send a
notice of 
assessment to every hospital provider subject
to assessment 
under this Article.  The notice of assessment shall notify the 
hospital of its assessment and shall be sent after receipt by 
the Department of notification from the Centers for Medicare 
and Medicaid Services of the U.S. Department of Health and 
Human Services that the payment  methodologies required under 
this Article and, if necessary, the waiver granted under 42 CFR 
433.68 have been approved.  The notice

shall be on a form

prepared by the Illinois Department and shall state the 
following:


        (1) The name of the hospital provider.


        (2) The address of the hospital provider's principal 
    place
of business from which the provider engages in the 
    occupation of hospital
provider in this State, and the name 
    and address of each hospital
operated, conducted, or 
    maintained by the provider in this State.


        (3) The occupied bed days, occupied bed days less 
    Medicare days, adjusted gross hospital revenue, or 
    outpatient gross revenue of the
hospital
provider 
    (whichever is applicable), the amount of
assessment 
    imposed under Section 5A-2 for the State fiscal year
for 
    which the notice is sent, and the amount of
each

    installment to be paid during the State fiscal year.


        (4) (Blank).



        (5) Other reasonable information as determined by the 
    Illinois
Department.


    (b) If a hospital provider conducts, operates, or
maintains 
more than one hospital licensed by the Illinois
Department of 
Public Health, the provider shall pay the
assessment for each 
hospital separately.


    (c) Notwithstanding any other provision in this Article, in

the case of a person who ceases to conduct, operate, or 
maintain a
hospital in respect of which the person is subject 
to assessment
under this Article as a hospital provider, the 
assessment for the State
fiscal year in which the cessation 
occurs shall be adjusted by
multiplying the assessment computed 
under Section 5A-2 by a
fraction, the numerator of which is the 
number of days in the
year during which the provider conducts, 
operates, or maintains
the hospital and the denominator of 
which is 365.  Immediately
upon ceasing to conduct, operate, or 
maintain a hospital, the person
shall pay the assessment
for 
the year as so adjusted (to the extent not previously paid).


    (d) Notwithstanding any other provision in this Article, a

provider who commences conducting, operating, or maintaining a

hospital, upon notice by the Illinois Department,

shall pay the 
assessment computed under Section 5A-2 and
subsection (e) in 
installments on the due dates stated in the
notice and on the 
regular installment due dates for the State
fiscal year 
occurring after the due dates of the initial
notice.


    (e)
Notwithstanding any other provision in this Article, 
for State fiscal years 2009 through 2015, in the case of a 
hospital provider that did not conduct, operate, or maintain a 
hospital in 2005, the assessment for that State fiscal year 
shall be computed on the basis of hypothetical occupied bed 
days for the full calendar year as determined by the Illinois 
Department. Notwithstanding any other provision in this 
Article, for the portion of State fiscal year 2012 beginning 
June 10, 2012 through June 30, 2012, and for State fiscal years 
2013 through 2014, and for July 1, 2014 through December 31, 
2014, in the case of a hospital provider that did not conduct, 
operate, or maintain a hospital in 2009, the assessment under 
subsection (b-5) of Section 5A-2 for that State fiscal year 
shall be computed on the basis of hypothetical gross outpatient 
revenue for the full calendar year as determined by the 
Illinois Department. 

    (f) Every hospital provider subject to assessment under 
this Article shall keep sufficient records to permit the 
determination of adjusted gross hospital revenue for the 
hospital's fiscal year.  All such records shall be kept in the 
English language and shall, at all times during regular 
business hours of the day, be subject to inspection by the 
Illinois Department or its duly authorized agents and 
employees.



    (g) The Illinois Department may, by rule, provide a 
hospital provider a reasonable opportunity to request a 
clarification or correction of any clerical or computational 
errors contained in the calculation of its assessment, but such 
corrections shall not extend to updating the cost report 
information used to calculate the assessment.



    (h) (Blank).



(Source: P.A. 96-1530, eff. 2-16-11; 97-688, eff. 6-14-12; 
97-689, eff. 6-14-12; revised 10-17-12.)

 
    (305 ILCS 5/5A-8)  (from Ch. 23, par. 5A-8)

    Sec. 5A-8. Hospital Provider Fund.

    (a) There is created in the State Treasury the Hospital 
Provider Fund.
Interest earned by the Fund shall be credited to 
the Fund.  The
Fund shall not be used to replace any moneys 
appropriated to the
Medicaid program by the General Assembly.


    (b) The Fund is created for the purpose of receiving moneys

in accordance with Section 5A-6 and disbursing moneys only for 
the following
purposes, notwithstanding any other provision of 
law:


        (1) For making payments to hospitals as required under 
    this Code, under the Children's Health Insurance Program 
    Act, under the Covering ALL KIDS Health Insurance Act, and 
    under the Long Term Acute Care Hospital Quality Improvement 
    Transfer Program Act.


        (2) For the reimbursement of moneys collected by the

    Illinois Department from hospitals or hospital providers 
    through error or
mistake in performing the
activities 
    authorized under this Code.


        (3) For payment of administrative expenses incurred by 
    the
Illinois Department or its agent in performing 
    activities
under this Code, under the Children's Health 
    Insurance Program Act, under the Covering ALL KIDS Health 
    Insurance Act, and under the Long Term Acute Care Hospital 
    Quality Improvement Transfer Program Act.


        (4) For payments of any amounts which are reimbursable 
    to
the federal government for payments from this Fund which 
    are
required to be paid by State warrant.


        (5) For making transfers, as those transfers are 
    authorized
in the proceedings authorizing debt under the 
    Short Term Borrowing Act,
but transfers made under this 
    paragraph (5) shall not exceed the
principal amount of debt 
    issued in anticipation of the receipt by
the State of 
    moneys to be deposited into the Fund.


        (6) For making transfers to any other fund in the State 
    treasury, but
transfers made under this paragraph (6) shall 
    not exceed the amount transferred
previously from that 
    other fund into the Hospital Provider Fund plus any 
    interest that would have been earned by that fund on the 
    monies that had been transferred.


        (6.5) For making transfers to the Healthcare Provider 
    Relief Fund, except that transfers made under this 
    paragraph (6.5) shall not exceed $60,000,000 in the 
    aggregate. 
        (7) For making transfers not exceeding the following 
    amounts, in State fiscal years 2013 and 2014 in each State 
    fiscal year during which an assessment is imposed pursuant 
    to Section 5A-2, to the following designated funds:
            Health and Human Services Medicaid Trust
                Fund..............................$20,000,000
            Long-Term Care Provider Fund..........$30,000,000
            General Revenue Fund.................$80,000,000.
    Transfers under this paragraph shall be made within 7 days 
    after the payments have been received pursuant to the 
    schedule of payments provided in subsection (a) of Section 
    5A-4.
        (7.1)  For making transfers not exceeding the following 
    amounts, in State fiscal year 2015, to the following 
    designated funds:
            Health and Human Services Medicaid Trust
                 Fund..............................$10,000,000
            Long-Term Care Provider Fund..........$15,000,000
            General Revenue Fund.................$40,000,000.
    Transfers under this paragraph shall be made within 7 days 
    after the payments have been received pursuant to the 
    schedule of payments provided in subsection (a) of Section 
    5A-4.


        (7.5) (Blank).
        (7.8) (Blank).
        (7.9) (Blank).
        (7.10) For State fiscal years 2013 and 2014, for making 
    transfers of the moneys resulting from the assessment under 
    subsection (b-5) of Section 5A-2 and received from hospital 
    providers under Section 5A-4 and transferred into the 
    Hospital Provider Fund under Section 5A-6 to the designated 
    funds not exceeding the following amounts in that State 
    fiscal year:
            Health Care Provider Relief Fund......$50,000,000
        Transfers under this paragraph shall be made within 7 
    days after the payments have been received pursuant to the 
    schedule of payments provided in subsection (a) of Section 
    5A-4. 
        (7.11)  For State fiscal  year 2015, for making transfers 
    of the moneys resulting from the assessment under 
    subsection (b-5) of Section 5A-2 and received from hospital 
    providers under Section 5A-4 and transferred into the 
    Hospital Provider Fund under Section 5A-6 to the designated 
    funds not exceeding the following amounts in that State 
    fiscal year: 
            Health Care Provider Relief Fund.....$25,000,000 
        Transfers under this paragraph shall be made within 7 
    days after the payments have been received pursuant to the 
    schedule of payments provided in subsection (a) of Section 
    5A-4. 
        (7.12) For State fiscal year 2013, for increasing by 
    21/365ths the transfer of the moneys resulting from the 
    assessment under subsection (b-5) of Section 5A-2 and 
    received from hospital providers under Section 5A-4 for the 
    portion of State fiscal year 2012 beginning June 10, 2012 
    through June 30, 2012 and transferred into the Hospital 
    Provider Fund under Section 5A-6 to the designated funds 
    not exceeding the following amounts in that State fiscal 
    year: 
            Health Care Provider Relief Fund.......$2,870,000 
        (8) For making refunds to hospital providers pursuant 
    to Section 5A-10.


    Disbursements from the Fund, other than transfers 
authorized under
paragraphs (5) and (6) of this subsection, 
shall be by
warrants drawn by the State Comptroller upon 
receipt of vouchers
duly executed and certified by the Illinois 
Department.


    (c) The Fund shall consist of the following:


        (1) All moneys collected or received by the Illinois

    Department from the hospital provider assessment imposed 
    by this
Article.


        (2) All federal matching funds received by the Illinois

    Department as a result of expenditures made by the Illinois

    Department that are attributable to moneys deposited in the 
    Fund.


        (3) Any interest or penalty levied in conjunction with 
    the
administration of this Article.


        (4) Moneys transferred from another fund in the State 
    treasury.



        (5) All other moneys received for the Fund from any 
    other
source, including interest earned thereon.


    (d) (Blank).



(Source: P.A. 96-3, eff. 2-27-09; 96-45, eff. 7-15-09; 96-821, 
eff. 11-20-09; 96-1530, eff. 2-16-11; 97-688, eff. 6-14-12; 
97-689, eff. 6-14-12; revised 10-17-12.)

 
    (305 ILCS 5/5A-12.4)
    (Section scheduled to be repealed on January 1, 2015)
    Sec. 5A-12.4. Hospital access improvement payments on or 
after June 10, 2012 July 1, 2012.
    (a) Hospital access improvement payments. To preserve and 
improve access to hospital services, for hospital and physician 
services rendered on or after June 10, 2012 July 1, 2012, the 
Illinois Department shall, except for hospitals described in 
subsection (b) of Section 5A-3, make payments to hospitals as 
set forth in this Section. These payments shall be paid in 12 
equal installments on or before the 7th State business day of 
each month, except that no payment shall be due within 100 days 
after the later of the date of notification of federal approval 
of the payment methodologies required under this Section or any 
waiver required under 42 CFR 433.68, at which time the sum of 
amounts required under this Section prior to the date of 
notification is due and payable. Payments under this Section 
are not due and payable, however, until (i) the methodologies 
described in this Section are approved by the federal 
government in an appropriate State Plan amendment and (ii) the 
assessment imposed under subsection (b-5) of Section 5A-2 of 
this Article is determined to be a permissible tax under Title 
XIX of the Social Security Act.  The Illinois Department shall 
take all actions necessary to implement the payments under this 
Section effective June 10, 2012 July 1, 2012, including but not 
limited to providing public notice pursuant to federal 
requirements, the filing of a State Plan amendment, and the 
adoption of administrative rules. For State fiscal year 2013, 
payments under this Section shall be increased by 21/365ths. 
The funding source for these additional payments shall be from 
the increased assessment under subsection (b-5) of Section 5A-2 
that was received from hospital providers under Section 5A-4 
for the portion of State fiscal year 2012 beginning June 10, 
2012 through June 30, 2012. 
    (a-5) Accelerated schedule. The Illinois Department may, 
when practicable, accelerate the schedule upon which payments 
authorized under this Section are made.
    (b) Magnet and perinatal hospital adjustment. In addition 
to rates paid for inpatient hospital services, the Department 
shall pay to each Illinois general acute care hospital that, as 
of August 25, 2011, was recognized as a Magnet hospital by the 
American Nurses Credentialing Center and that, as of September 
14, 2011, was designated as a level III perinatal center 
amounts as follows:
        (1) For hospitals with a case mix index equal to or 
    greater than the 80th percentile of case mix indices for 
    all Illinois hospitals, $470 for each Medicaid general 
    acute care inpatient day of care provided by the hospital 
    during State fiscal year 2009.
        (2) For all other hospitals, $170 for each Medicaid 
    general acute care inpatient day of care provided by the 
    hospital during State fiscal year 2009.
    (c) Trauma level II adjustment. In addition to rates paid 
for inpatient hospital services, the Department shall pay to 
each Illinois general acute care hospital that, as of July 1, 
2011, was designated as a level II trauma center amounts as 
follows:
        (1) For hospitals with a case mix index equal to or 
    greater than the 50th percentile of case mix indices for 
    all Illinois hospitals, $470 for each Medicaid general 
    acute care inpatient day of care provided by the hospital 
    during State fiscal year 2009.
        (2) For all other hospitals, $170 for each Medicaid 
    general acute care inpatient day of care provided by the 
    hospital during State fiscal year 2009.
        (3)  For the purposes of this adjustment, hospitals 
    located in the same city that alternate their trauma center 
    designation as defined in 89 Ill. Adm. Code 148.295(a)(2) 
    shall have the adjustment provided under this Section 
    divided between the 2 hospitals.
    (d) Dual-eligible adjustment. In addition to rates paid for 
inpatient services, the Department shall pay each Illinois 
general acute care hospital that had a ratio of crossover days 
to total inpatient days for programs under Title XIX of the 
Social Security Act  administered by the Department (utilizing 
information from 2009 paid claims) greater than 50%, and a case 
mix index equal to or greater than the 75th percentile of case 
mix indices for all Illinois hospitals, a rate of $400 for each 
Medicaid inpatient day during State fiscal year 2009 including 
crossover days.
    (e) Medicaid volume adjustment. In addition to rates paid 
for inpatient hospital services, the Department shall pay to 
each Illinois general acute care hospital that provided more 
than 10,000 Medicaid inpatient days of care in State fiscal 
year 2009, has a Medicaid inpatient utilization rate of at 
least 29.05% as calculated by the Department for the Rate Year 
2011 Disproportionate Share determination, and is not eligible 
for Medicaid Percentage Adjustment payments in rate year 2011 
an amount equal to $135 for each Medicaid inpatient day of care 
provided during State fiscal year 2009.
    (f) Outpatient service adjustment. In addition to the rates 
paid for outpatient hospital services, the Department shall pay 
each Illinois hospital an amount at least equal to $100 
multiplied by the hospital's outpatient ambulatory procedure 
listing services (excluding categories 3B and 3C) and by the 
hospital's end stage renal disease treatment services provided 
for State fiscal year 2009.
    (g)  Ambulatory service adjustment.
        (1) In addition to the rates paid for outpatient 
    hospital services provided in the emergency department, 
    the Department shall pay each Illinois hospital an amount 
    equal to $105 multiplied by the hospital's outpatient 
    ambulatory procedure listing services for categories 3A, 
    3B, and 3C for State fiscal year 2009.
        (2) In addition to the rates paid for outpatient 
    hospital services, the Department shall pay each Illinois 
    freestanding psychiatric hospital an amount equal to $200 
    multiplied by the hospital's ambulatory procedure listing 
    services for category 5A for State fiscal year 2009.
    (h)  Specialty hospital adjustment. In addition to the rates 
paid for outpatient hospital services, the Department shall pay 
each Illinois long term acute care hospital and each Illinois 
hospital devoted exclusively to the treatment of cancer, an 
amount equal to $700 multiplied by the hospital's outpatient 
ambulatory procedure listing services and by the hospital's end 
stage renal disease treatment services (including services 
provided to individuals eligible for both  Medicaid and 
Medicare) provided for State fiscal year 2009.
    (h-1)  ER Safety Net Payments. In addition to rates paid for 
outpatient services, the Department shall pay to each Illinois 
general acute care hospital with an emergency room ratio equal 
to or greater than 55%, that is not eligible for Medicaid 
percentage adjustments payments in rate year 2011, with a case 
mix index equal to or greater than the 20th percentile, and   
that is not designated as a trauma center by the Illinois 
Department of Public Health on July 1, 2011, as follows:
        (1) Each hospital with an emergency room ratio equal to 
    or greater than 74% shall receive a rate of $225 for each 
    outpatient ambulatory procedure listing and end-stage 
    renal disease treatment service provided for State fiscal 
    year 2009.
        (2) For all other hospitals, $65 shall be paid  for each 
    outpatient ambulatory procedure listing and end-stage 
    renal disease treatment service provided for State fiscal 
    year 2009. 
    (i)  Physician supplemental adjustment. In addition to the 
rates paid for physician services, the Department shall make an 
adjustment payment for services provided by physicians as 
follows:
        (1) Physician services eligible for the adjustment 
    payment are those provided by physicians employed by or who 
    have a contract to provide services to patients of  the 
    following hospitals: (i) Illinois general acute care 
    hospitals that provided at least 17,000 Medicaid inpatient 
    days of care in State fiscal year 2009 and are eligible for 
    Medicaid Percentage Adjustment Payments in rate year 2011; 
    and (ii) Illinois freestanding children's hospitals, as 
    defined  in 89 Ill. Adm. Code 149.50(c)(3)(A).
        (2) The amount of the adjustment for each eligible 
    hospital under this subsection (i) shall be determined by 
    rule by the Department to spend a total pool of at least 
    $6,960,000 annually. This pool shall be allocated among the 
    eligible hospitals based on the difference between the 
    upper payment limit for what could have been paid under 
    Medicaid for physician services provided during State 
    fiscal year 2009 by physicians employed by or who had a 
    contract with the hospital and the amount that was paid 
    under Medicaid for such services, provided however, that in 
    no event shall physicians at any individual hospital 
    collectively receive an annual, aggregate adjustment in 
    excess of $435,000, except that any amount that is not 
    distributed to a hospital because of the upper payment 
    limit shall be reallocated among the remaining eligible 
    hospitals that are below the upper payment limitation, on a 
    proportionate basis. 
    (i-5)  For any children's hospital which did not charge for 
its services during the base period, the Department shall use 
data supplied by the hospital to determine payments using 
similar methodologies for freestanding children's hospitals 
under this Section or Section 5A-12.2 12.2. 
    (j) For purposes of this Section, a hospital that is 
enrolled to provide Medicaid services during State fiscal year 
2009 shall have its utilization and associated reimbursements 
annualized prior to the payment calculations being performed 
under this Section.
    (k) For purposes of this Section, the terms "Medicaid 
days", "ambulatory procedure listing services", and 
"ambulatory procedure listing payments" do not include any 
days, charges, or services for which Medicare or a managed care 
organization reimbursed on a capitated basis was liable for 
payment, except where explicitly stated otherwise in this 
Section.
    (l) Definitions. Unless the context requires otherwise or 
unless provided otherwise in this Section, the terms used in 
this Section for qualifying criteria and payment calculations 
shall have the same meanings as those terms have been given in 
the Illinois Department's administrative rules as in effect on 
October 1, 2011. Other terms shall be defined by the Illinois 
Department by rule.
    As used in this Section, unless the context requires 
otherwise:
    "Case mix index" means, for a given hospital, the sum of
    
the per admission (DRG) relative weighting factors in effect on 
January 1, 2005, for all general acute care admissions for 
State fiscal year 2009, excluding Medicare crossover 
admissions and transplant admissions reimbursed under 89 Ill. 
Adm. Code 148.82, divided by the total number of general acute 
care admissions for State fiscal year 2009, excluding Medicare 
crossover admissions and transplant admissions reimbursed 
under 89 Ill. Adm. Code 148.82.
    "Emergency room ratio" means, for a given hospital, a 
fraction, the denominator of which is the number of the 
hospital's outpatient ambulatory procedure listing and 
end-stage renal disease treatment services provided for State 
fiscal year 2009 and the numerator of which is the hospital's 
outpatient ambulatory procedure listing services for 
categories 3A, 3B, and 3C for State fiscal year 2009. 
    "Medicaid inpatient day" means, for a given hospital, the
    
sum of days of inpatient hospital days provided to recipients 
of medical assistance under Title XIX of the federal Social 
Security Act, excluding days for individuals eligible for 
Medicare under Title XVIII of that Act (Medicaid/Medicare 
crossover days), as tabulated from the Department's paid claims 
data for admissions occurring during State fiscal year 2009 
that was adjudicated by the Department through June 30, 2010.
    "Outpatient ambulatory procedure listing services" means, 
for a given hospital, ambulatory procedure listing services, as 
described in 89 Ill. Adm. Code 148.140(b), provided to 
recipients of medical assistance under Title XIX of the federal 
Social Security Act, excluding services  for individuals 
eligible for Medicare under Title XVIII of the Act 
(Medicaid/Medicare crossover days), as tabulated from the 
Department's paid claims data for services occurring in State 
fiscal year 2009 that were adjudicated by the Department 
through September 2, 2010.
    "Outpatient end-stage renal disease treatment services" 
means, for a given hospital, the services, as described in 89 
Ill. Adm. Code 148.140(c), provided to recipients of medical 
assistance under Title XIX of the federal Social Security Act, 
excluding payments for individuals eligible for Medicare under 
Title XVIII of the Act (Medicaid/Medicare crossover days), as 
tabulated from the Department's paid claims data for services 
occurring in State fiscal year 2009 that were adjudicated by 
the Department through September 2, 2010.
    (m) The Department may adjust payments made under this 
Section 5A-12.4 to comply with federal law or regulations 
regarding hospital-specific payment limitations on 
government-owned or government-operated hospitals.
    (n) Notwithstanding any of the other provisions of this 
Section, the Department is authorized to adopt rules that 
change the hospital access improvement payments specified in 
this Section, but only to the extent necessary to conform to 
any federally approved amendment to the Title XIX State plan. 
Any such rules shall be adopted by the Department as authorized 
by Section 5-50 of the Illinois Administrative Procedure Act. 
Notwithstanding any other provision of law, any changes 
implemented as a result of this subsection (n) shall be given 
retroactive effect so that they shall be deemed to have taken 
effect as of the effective date of this Section. 
    (o) The Department of Healthcare and Family Services must 
submit a State Medicaid Plan Amendment to the Centers for of 
Medicare and Medicaid Services  to implement the payments under 
this Section. within 30 days of the effective date of this Act. 

(Source: P.A. 97-688, eff. 6-14-12; revised 8-3-12.)
 
ARTICLE 9.

 
    Section 9-5. The Illinois Public Aid Code is amended  by 
changing Sections 3-1.2, 5-2b, 5-4, 5-5, 5-5e, 5-5e.1, and 5-5f 
as follows:
 



    (305 ILCS 5/3-1.2)  (from Ch. 23, par. 3-1.2)



    Sec. 3-1.2. Need. Income available to the person, when 
added to
contributions in money, substance, or services from 
other sources,
including contributions from legally 
responsible relatives, must be
insufficient to equal the grant 
amount established by Department regulation
for such person.

    In determining earned income to be taken into account, 
consideration
shall be given to any expenses reasonably 
attributable to the earning of
such income. If federal law or 
regulations permit or require exemption
of earned or other 
income and resources, the Illinois Department shall
provide by 
rule and regulation that the amount of income to be
disregarded 
be increased (1) to the maximum extent so required and (2)
to 
the maximum extent permitted by federal law or regulation in 
effect
as of the date this Amendatory Act becomes law. The 
Illinois Department
may also provide by rule and regulation 
that the amount of resources to
be disregarded be increased to 
the maximum extent so permitted or required. Subject to federal 
approval, resources (for example, land, buildings, equipment, 
supplies, or tools), including farmland property and personal 
property used in the income-producing operations related to the 
farmland (for example, equipment and supplies, motor vehicles, 
or tools), necessary for self-support, up to $6,000 of the 
person's equity in the income-producing property, provided 
that the property produces a net annual income of at least 6% 
of the excluded equity value of the property, are exempt.   
Equity value in excess of $6,000  shall not be excluded. If if 
the activity produces income that is less than 6% of the exempt  
equity due to reasons beyond the person's control (for example, 
the person's illness or crop failure)  and there is a reasonable 
expectation that the property will again produce income equal 
to or greater than 6% of the equity value (for example, a 
medical prognosis that the person is expected to respond to 
treatment or that drought-resistant corn will be planted), the 
equity value in the property up to $6,000 is exempt. If the 
person owns more than one piece of property and each produces 
income, each piece of property shall be looked at to determine 
whether the 6% rule is met, and then the amounts of the 
person's equity in all of those properties shall be totaled to 
determine whether the total equity is $6,000 or less.  The total 
equity value of all properties that is exempt shall be limited 
to $6,000. 

    In determining the resources of an individual or any 
dependents, the
Department shall exclude from consideration 
the value of funeral and burial
spaces, funeral and
burial 
insurance the proceeds of which can only be used to pay the 
funeral
and burial expenses of the insured and funds 
specifically set aside for the
funeral and burial arrangements 
of the individual or his or her dependents,
including prepaid 
funeral and burial plans, to the same extent that such
items 
are excluded from consideration under the federal Supplemental

Security Income program (SSI).
    Prepaid funeral or burial contracts are exempt to the 
following extent: 

        (1)      Funds in a revocable prepaid funeral or burial 
    contract are exempt up to $1,500, except that any portion 
    of a contract that clearly represents the purchase of 
    burial space, as that term is defined for purposes of the 
    Supplemental Security Income program, is exempt regardless 
    of value.
        (2)       Funds in an irrevocable prepaid funeral or burial 
    contract are exempt up to $5,874, except that any portion 
    of a contract that clearly represents the purchase of 
    burial space, as that term is defined for purposes of the 
    Supplemental Security Income program, is exempt regardless 
    of value. This amount shall be adjusted annually for any 
    increase in the Consumer Price Index. The amount exempted 
    shall be limited to the price of the funeral goods and 
    services to be provided upon death. The contract must 
    provide a complete description of the funeral goods and 
    services to be provided and the price thereof. Any amount 
    in the contract not so specified shall be treated as a 
    transfer of assets for less than fair market value.
        (3)       A prepaid, guaranteed-price funeral or burial 
    contract, funded by an irrevocable assignment of a person's 
    life insurance policy to a trust, is exempt. The amount 
    exempted shall be limited to the amount of the insurance 
    benefit designated for the cost of the funeral goods and 
    services to be provided upon the person's death. The 
    contract must provide a complete description of the funeral 
    goods and services to be provided and the price thereof. 
    Any amount in the contract not so specified shall be 
    treated as a transfer of assets for less than fair market 
    value. The trust must include a statement that, upon the 
    death of the person, the State will receive all amounts 
    remaining in the trust, including any remaining payable 
    proceeds under the insurance policy up to an amount equal 
    to the total medical assistance paid on behalf of the 
    person. The trust is responsible for ensuring that the 
    provider of funeral services under the contract receives 
    the proceeds of the policy when it provides the funeral 
    goods and services specified under the contract. The 
    irrevocable assignment of ownership of the insurance 
    policy must be acknowledged by the insurance company. 
    Notwithstanding any other provision of this Code to the 
contrary, an irrevocable trust containing the resources of a 
person who is determined to have a disability shall be 
considered exempt from consideration.  A pooled Such trust must 
be established and managed by a non-profit association that 
pools funds but maintains a separate account for each 
beneficiary.  The trust may be established by the person, a 
parent, grandparent, legal guardian, or court.  It must be 
established for the sole benefit of the person and language 
contained in the trust shall stipulate that any amount 
remaining in the trust (up to the amount expended by the 
Department on medical assistance) that is not retained by the 
trust for reasonable administrative costs related to wrapping 
up the affairs of the subaccount shall be paid to the 
Department upon the death of the person. After a person reaches 
age 65, any funding by or on behalf of the person to the trust 
shall be treated as a transfer of assets for less than fair 
market value unless the person is a ward of a county public 
guardian or the State guardian pursuant to Section 13-5 of the 
Probate Act of 1975 or Section 30 of the Guardianship and 
Advocacy Act and lives in the community, or the person is a 
ward of a county public guardian or the State guardian pursuant 
to Section 13-5 of the Probate Act of 1975 or Section 30 of the 
Guardianship and Advocacy Act and a court has found that any 
expenditures from the trust will maintain or enhance the 
person's quality of life. If the trust contains proceeds from a 
personal injury settlement, any Department charge must be 
satisfied in order for the transfer to the trust to be treated 
as a transfer for fair market value. 
    The homestead shall be exempt from consideration except to 
the extent
that it meets the income and shelter needs of the 
person. "Homestead"
means the dwelling house and contiguous 
real estate owned and occupied
by the person, regardless of its 
value. Subject to federal approval, a person shall not be 
eligible for long-term care services, however, if the person's 
equity interest in his or her homestead exceeds the minimum 
home equity as allowed and increased annually under federal 
law.   Subject to federal approval, on and after the effective 
date of this amendatory Act of the 97th General Assembly, 
homestead property transferred to a trust shall no longer be 
considered homestead property.

    Occasional or irregular gifts in cash, goods or services 
from persons
who are not legally responsible relatives which 
are of nominal value or
which do not have significant effect in 
meeting essential requirements
shall be disregarded.  The 
eligibility of any applicant for or recipient
of public aid 
under this Article is not affected by the payment of any
grant 
under the "Senior Citizens and Disabled Persons Property Tax

Relief Act" or any distributions or items of
income described 
under subparagraph (X) of paragraph (2) of subsection (a) of

Section 203 of the Illinois Income Tax Act.

    The Illinois Department may, after appropriate 
investigation, establish
and implement a consolidated standard 
to determine need and eligibility
for and amount of benefits 
under this Article or a uniform cash supplement
to the federal 
Supplemental Security Income program for all or any part
of the 
then current recipients under this Article; provided, however, 
that
the establishment or implementation of such a standard or 
supplement shall
not result in reductions in benefits under 
this Article for the then current
recipients of such benefits.

(Source: P.A. 97-689, eff. 6-14-12.)

 
    (305 ILCS 5/5-2b)
    Sec. 5-2b. Medically fragile and technology dependent 
children eligibility and program. Notwithstanding any other 
provision of law, on and after September 1, 2012, subject to 
federal approval, medical assistance under this Article shall 
be available to children who qualify as persons with a 
disability, as defined under the federal Supplemental Security 
Income program and who are medically fragile and technology 
dependent. The program shall allow eligible children to receive 
the medical assistance provided under this Article in the 
community, shall be limited to families with income up to 500%  
of the federal poverty level, and must maximize, to the fullest 
extent permissible under federal law, federal reimbursement 
and family cost-sharing, including co-pays, premiums, or any 
other family contributions, except that the Department shall be 
permitted to incentivize the utilization of selected services 
through the use of cost-sharing adjustments. The Department 
shall establish the policies, procedures, standards, services, 
and criteria for this program by rule.

(Source: P.A. 97-689, eff. 6-14-12.)
 



    (305 ILCS 5/5-4)  (from Ch. 23, par. 5-4)



    Sec. 5-4. Amount and nature of medical assistance.  
    (a) The amount and nature of
medical assistance shall be 
determined in accordance
with the standards, rules, and 
regulations of the Department of Healthcare and Family 
Services, with due regard to the requirements and conditions in 
each case,
including contributions available from legally 
responsible
relatives.  However, the amount and nature of such 
medical assistance shall
not be affected by the payment of any 
grant under the Senior Citizens and
Disabled Persons Property 
Tax Relief Act or any
distributions or items of income 
described under subparagraph (X) of
paragraph (2) of subsection 
(a) of Section 203 of the Illinois Income Tax
Act.
The amount 
and nature of medical assistance shall not be affected by the

receipt of donations or benefits from fundraisers in cases of 
serious
illness, as long as neither the person nor members of 
the person's family
have actual control over the donations or 
benefits or the disbursement of
the donations or benefits.

    In determining the income and resources available to the 
institutionalized
spouse and to the community spouse, the 
Department of Healthcare and Family Services

shall follow the 
procedures established by federal law. If an institutionalized 
spouse or community spouse refuses to comply with the 
requirements of Title XIX of the federal Social Security Act 
and the regulations duly promulgated thereunder by failing to 
provide the total value of assets, including income and 
resources, to the extent either the institutionalized spouse or 
community spouse has an ownership interest in them pursuant to 
42 U.S.C. 1396r-5, such refusal may result in the 
institutionalized spouse being denied eligibility and 
continuing to remain ineligible for the medical assistance 
program based on failure to cooperate.
    Subject to federal approval, the community spouse
resource 
allowance shall be established and maintained at the higher of 
$109,560 or the minimum level
permitted pursuant to Section 
1924(f)(2) of the Social Security Act, as now
or hereafter 
amended, or an amount set after a fair hearing, whichever is

greater.  The monthly maintenance allowance for the community 
spouse shall be
established and maintained at the higher of 
$2,739 per month or the minimum level permitted pursuant to 
Section
1924(d)(3)(C) of the Social Security Act, as now or 
hereafter amended, or an amount set after a fair hearing, 
whichever is greater.  Subject
to the approval of the Secretary 
of the United States Department of Health and
Human Services, 
the provisions of this Section shall be extended to persons who

but for the provision of home or community-based services under 
Section
4.02 of the Illinois Act on the Aging, would require 
the level of care provided
in an institution, as is provided 
for in federal law.

    (b) Spousal support for institutionalized spouses 
receiving medical assistance.
        (i) The Department may seek support for an 
    institutionalized spouse, who has assigned his or her right 
    of support from his or her spouse to the State, from the 
    resources and income available to the community spouse.
        (ii) The Department may bring an action in the circuit 
    court to establish support orders or itself establish 
    administrative support orders by any means and procedures 
    authorized in this Code, as applicable, except that the 
    standard and regulations for determining ability to 
    support in Section 10-3 shall not limit the amount of 
    support that may be ordered.
        (iii) Proceedings may be initiated to obtain support, 
    or for the recovery of aid granted during the period such 
    support was not provided, or both, for the obtainment of 
    support and the recovery of the aid provided. Proceedings 
    for the recovery of aid may be taken separately or they may 
    be consolidated with actions to obtain support. Such 
    proceedings may be brought in the name of the person or 
    persons requiring support or may be brought in the name of 
    the Department, as the case requires.
        (iv) The orders for the payment of moneys for the 
    support of the person shall be just and equitable and may 
    direct payment thereof for such period or periods of time 
    as the circumstances require, including support for a 
    period before the date the order for support is entered. In 
    no event shall the orders reduce the community spouse 
    resource allowance below the level established in 
    subsection (a) of this Section or an amount set after a 
    fair hearing, whichever is greater, or reduce the monthly 
    maintenance allowance for the community spouse below the 
    level permitted pursuant to subsection (a) of this Section. 

(Source: P.A. 97-689, eff. 6-14-12.)

 
    (305 ILCS 5/5-5)  (from Ch. 23, par. 5-5)

    Sec. 5-5. Medical services.  The Illinois Department, by 
rule, shall
determine the quantity and quality of and the rate 
of reimbursement for the
medical assistance for which
payment 
will be authorized, and the medical services to be provided,

which may include all or part of the following: (1) inpatient 
hospital
services; (2) outpatient hospital services; (3) other 
laboratory and
X-ray services; (4) skilled nursing home 
services; (5) physicians'
services whether furnished in the 
office, the patient's home, a
hospital, a skilled nursing home, 
or elsewhere; (6) medical care, or any
other type of remedial 
care furnished by licensed practitioners; (7)
home health care 
services; (8) private duty nursing service; (9) clinic

services; (10) dental services, including prevention and 
treatment of periodontal disease and dental caries disease for 
pregnant women, provided by an individual licensed to practice 
dentistry or dental surgery; for purposes of this item (10), 
"dental services" means diagnostic, preventive, or corrective 
procedures provided by or under the supervision of a dentist in 
the practice of his or her profession; (11) physical therapy 
and related
services; (12) prescribed drugs, dentures, and 
prosthetic devices; and
eyeglasses prescribed by a physician 
skilled in the diseases of the eye,
or by an optometrist, 
whichever the person may select; (13) other
diagnostic, 
screening, preventive, and rehabilitative services, including 
to ensure that the individual's need for intervention or 
treatment of mental disorders or substance use disorders or 
co-occurring mental health and substance use disorders is 
determined using a uniform screening, assessment, and 
evaluation process inclusive of criteria, for children and 
adults; for purposes of this item (13), a uniform screening, 
assessment, and evaluation process refers to a process that 
includes an appropriate evaluation and, as warranted, a 
referral; "uniform" does not mean the use of a singular 
instrument, tool, or process that all must utilize; (14)

transportation and such other expenses as may be necessary; 
(15) medical
treatment of sexual assault survivors, as defined 
in
Section 1a of the Sexual Assault Survivors Emergency 
Treatment Act, for
injuries sustained as a result of the sexual 
assault, including
examinations and laboratory tests to 
discover evidence which may be used in
criminal proceedings 
arising from the sexual assault; (16) the
diagnosis and 
treatment of sickle cell anemia; and (17)
any other medical 
care, and any other type of remedial care recognized
under the 
laws of this State, but not including abortions, or induced

miscarriages or premature births, unless, in the opinion of a 
physician,
such procedures are necessary for the preservation 
of the life of the
woman seeking such treatment, or except an 
induced premature birth
intended to produce a live viable child 
and such procedure is necessary
for the health of the mother or 
her unborn child. The Illinois Department,
by rule, shall 
prohibit any physician from providing medical assistance
to 
anyone eligible therefor under this Code where such physician 
has been
found guilty of performing an abortion procedure in a 
wilful and wanton
manner upon a woman who was not pregnant at 
the time such abortion
procedure was performed. The term "any 
other type of remedial care" shall
include nursing care and 
nursing home service for persons who rely on
treatment by 
spiritual means alone through prayer for healing.


    Notwithstanding any other provision of this Section, a 
comprehensive
tobacco use cessation program that includes 
purchasing prescription drugs or
prescription medical devices 
approved by the Food and Drug Administration shall
be covered 
under the medical assistance
program under this Article for 
persons who are otherwise eligible for
assistance under this 
Article.


    Notwithstanding any other provision of this Code, the 
Illinois
Department may not require, as a condition of payment 
for any laboratory
test authorized under this Article, that a 
physician's handwritten signature
appear on the laboratory 
test order form.  The Illinois Department may,
however, impose 
other appropriate requirements regarding laboratory test
order 
documentation.


    On and after July 1, 2012, the Department of Healthcare and 
Family Services may provide the following services to
persons

eligible for assistance under this Article who are 
participating in
education, training or employment programs 
operated by the Department of Human
Services as successor to 
the Department of Public Aid:

        (1) dental services provided by or under the 
    supervision of a dentist; and


        (2) eyeglasses prescribed by a physician skilled in the 
    diseases of the
eye, or by an optometrist, whichever the 
    person may select.


    Notwithstanding any other provision of this Code and 
subject to federal approval, the Department may adopt rules to 
allow a dentist who is volunteering his or her service at no 
cost to render dental services through an enrolled 
not-for-profit health clinic without the dentist personally 
enrolling as a participating provider in the medical assistance 
program.  A not-for-profit health clinic shall include a public 
health clinic or Federally Qualified Health Center or other 
enrolled provider, as determined by the Department, through 
which dental services covered under this Section are performed.  
The Department shall establish a process for payment of claims 
for reimbursement for covered dental services rendered under 
this provision. 
    The Illinois Department, by rule, may distinguish and 
classify the
medical services to be provided only in accordance 
with the classes of
persons designated in Section 5-2.


    The Department of Healthcare and Family Services must 
provide coverage and reimbursement for amino acid-based 
elemental formulas, regardless of delivery method, for the 
diagnosis and treatment of (i) eosinophilic disorders and (ii) 
short bowel syndrome when the prescribing physician has issued 
a written order stating that the amino acid-based elemental 
formula is medically necessary.

    The Illinois Department shall authorize the provision of, 
and shall
authorize payment for, screening by low-dose 
mammography for the presence of
occult breast cancer for women 
35 years of age or older who are eligible
for medical 
assistance under this Article, as follows:
        (A) A baseline
mammogram for women 35 to 39 years of 
    age.

        (B) An annual mammogram for women 40 years of age or 
    older.
        (C) A mammogram at the age and intervals considered 
    medically necessary by the woman's health care provider for 
    women under 40 years of age and having a family history of 
    breast cancer, prior personal history of breast cancer, 
    positive genetic testing, or other risk factors.
        (D) A comprehensive ultrasound screening of an entire 
    breast or breasts if a mammogram demonstrates 
    heterogeneous or dense breast tissue, when medically 
    necessary as determined by a physician licensed to practice 
    medicine in all of its branches.  
    All screenings
shall
include a physical breast exam, 
instruction on self-examination and
information regarding the 
frequency of self-examination and its value as a
preventative 
tool.  For purposes of this Section, "low-dose mammography" 
means
the x-ray examination of the breast using equipment 
dedicated specifically
for mammography, including the x-ray 
tube, filter, compression device,
and image receptor, with an 
average radiation exposure delivery
of less than one rad per 
breast for 2 views of an average size breast.
The term also 
includes digital mammography.

    On and after January 1, 2012, providers participating in a 
quality improvement program approved by the Department shall be 
reimbursed for screening and diagnostic mammography at the same 
rate as the Medicare program's rates, including the increased 
reimbursement for digital mammography.
    The Department shall convene an expert panel including 
representatives of hospitals, free-standing mammography 
facilities, and doctors, including radiologists, to establish 
quality standards.
    Subject to federal approval, the Department shall 
establish a rate methodology for mammography at federally 
qualified health centers and other encounter-rate clinics.  
These clinics or centers may also collaborate with other 
hospital-based mammography facilities.
    The Department shall establish a methodology to remind 
women who are age-appropriate for screening mammography, but 
who have not received a mammogram within the previous 18 
months, of the importance and benefit of screening mammography.
    The Department shall establish a performance goal for 
primary care providers with respect to their female patients 
over age 40 receiving an annual mammogram.  This performance 
goal shall be used to provide additional reimbursement in the 
form of a quality performance bonus to primary care providers 
who meet that goal.
    The Department shall devise a means of case-managing or 
patient navigation for beneficiaries diagnosed with breast 
cancer.  This program shall initially operate as a pilot program 
in areas of the State with the highest incidence of mortality 
related to breast cancer.  At least one pilot program site shall 
be in the metropolitan Chicago area and at least one site shall 
be outside the metropolitan Chicago area.  An evaluation of the 
pilot program shall be carried out measuring health outcomes 
and cost of care for those served by the pilot program compared 
to similarly situated patients who are not served by the pilot 
program. 
    Any medical or health care provider shall immediately 
recommend, to
any pregnant woman who is being provided prenatal 
services and is suspected
of drug abuse or is addicted as 
defined in the Alcoholism and Other Drug Abuse
and Dependency 
Act, referral to a local substance abuse treatment provider

licensed by the Department of Human Services or to a licensed

hospital which provides substance abuse treatment services.  
The Department of Healthcare and Family Services

shall assure 
coverage for the cost of treatment of the drug abuse or

addiction for pregnant recipients in accordance with the 
Illinois Medicaid
Program in conjunction with the Department of 
Human Services.


    All medical providers providing medical assistance to 
pregnant women
under this Code shall receive information from 
the Department on the
availability of services under the Drug 
Free Families with a Future or any
comparable program providing 
case management services for addicted women,
including 
information on appropriate referrals for other social services

that may be needed by addicted women in addition to treatment 
for addiction.


    The Illinois Department, in cooperation with the 
Departments of Human
Services (as successor to the Department 
of Alcoholism and Substance
Abuse) and Public Health, through a 
public awareness campaign, may
provide information concerning 
treatment for alcoholism and drug abuse and
addiction, prenatal 
health care, and other pertinent programs directed at
reducing 
the number of drug-affected infants born to recipients of 
medical
assistance.


    Neither the Department of Healthcare and Family Services 
nor the Department of Human
Services shall sanction the 
recipient solely on the basis of
her substance abuse.


    The Illinois Department shall establish such regulations 
governing
the dispensing of health services under this Article 
as it shall deem
appropriate.  The Department
should
seek the 
advice of formal professional advisory committees appointed by

the Director of the Illinois Department for the purpose of 
providing regular
advice on policy and administrative matters, 
information dissemination and
educational activities for 
medical and health care providers, and
consistency in 
procedures to the Illinois Department.


    The Illinois Department may develop and contract with 
Partnerships of
medical providers to arrange medical services 
for persons eligible under
Section 5-2 of this Code.  
Implementation of this Section may be by
demonstration projects 
in certain geographic areas.  The Partnership shall
be 
represented by a sponsor organization.  The Department, by rule, 
shall
develop qualifications for sponsors of Partnerships.  
Nothing in this
Section shall be construed to require that the 
sponsor organization be a
medical organization.


    The sponsor must negotiate formal written contracts with 
medical
providers for physician services, inpatient and 
outpatient hospital care,
home health services, treatment for 
alcoholism and substance abuse, and
other services determined 
necessary by the Illinois Department by rule for
delivery by 
Partnerships.  Physician services must include prenatal and

obstetrical care.  The Illinois Department shall reimburse 
medical services
delivered by Partnership providers to clients 
in target areas according to
provisions of this Article and the 
Illinois Health Finance Reform Act,
except that:


        (1) Physicians participating in a Partnership and 
    providing certain
services, which shall be determined by 
    the Illinois Department, to persons
in areas covered by the 
    Partnership may receive an additional surcharge
for such 
    services.


        (2) The Department may elect to consider and negotiate 
    financial
incentives to encourage the development of 
    Partnerships and the efficient
delivery of medical care.


        (3) Persons receiving medical services through 
    Partnerships may receive
medical and case management 
    services above the level usually offered
through the 
    medical assistance program.


    Medical providers shall be required to meet certain 
qualifications to
participate in Partnerships to ensure the 
delivery of high quality medical
services.  These 
qualifications shall be determined by rule of the Illinois

Department and may be higher than qualifications for 
participation in the
medical assistance program.  Partnership 
sponsors may prescribe reasonable
additional qualifications 
for participation by medical providers, only with
the prior 
written approval of the Illinois Department.


    Nothing in this Section shall limit the free choice of 
practitioners,
hospitals, and other providers of medical 
services by clients.
In order to ensure patient freedom of 
choice, the Illinois Department shall
immediately promulgate 
all rules and take all other necessary actions so that
provided 
services may be accessed from therapeutically certified 
optometrists
to the full extent of the Illinois Optometric 
Practice Act of 1987 without
discriminating between service 
providers.


    The Department shall apply for a waiver from the United 
States Health
Care Financing Administration to allow for the 
implementation of
Partnerships under this Section.


    The Illinois Department shall require health care 
providers to maintain
records that document the medical care 
and services provided to recipients
of Medical Assistance under 
this Article.  Such records must be retained for a period of not 
less than 6 years from the date of service or as provided by 
applicable State law, whichever period is longer, except that 
if an audit is initiated within the required retention period 
then the records must be retained until the audit is completed 
and every exception is resolved. The Illinois Department shall

require health care providers to make available, when 
authorized by the
patient, in writing, the medical records in a 
timely fashion to other
health care providers who are treating 
or serving persons eligible for
Medical Assistance under this 
Article.  All dispensers of medical services
shall be required 
to maintain and retain business and professional records

sufficient to fully and accurately document the nature, scope, 
details and
receipt of the health care provided to persons 
eligible for medical
assistance under this Code, in accordance 
with regulations promulgated by
the Illinois Department.  The 
rules and regulations shall require that proof
of the receipt 
of prescription drugs, dentures, prosthetic devices and

eyeglasses by eligible persons under this Section accompany 
each claim
for reimbursement submitted by the dispenser of such 
medical services.
No such claims for reimbursement shall be 
approved for payment by the Illinois
Department without such 
proof of receipt, unless the Illinois Department
shall have put 
into effect and shall be operating a system of post-payment

audit and review which shall, on a sampling basis, be deemed 
adequate by
the Illinois Department to assure that such drugs, 
dentures, prosthetic
devices and eyeglasses for which payment 
is being made are actually being
received by eligible 
recipients. Within 90 days after the effective date of
this 
amendatory Act of 1984, the Illinois Department shall establish 
a
current list of acquisition costs for all prosthetic devices 
and any
other items recognized as medical equipment and 
supplies reimbursable under
this Article and shall update such 
list on a quarterly basis, except that
the acquisition costs of 
all prescription drugs shall be updated no
less frequently than 
every 30 days as required by Section 5-5.12.


    The rules and regulations of the Illinois Department shall 
require
that a written statement including the required opinion 
of a physician
shall accompany any claim for reimbursement for 
abortions, or induced
miscarriages or premature births.  This 
statement shall indicate what
procedures were used in providing 
such medical services.


    The Illinois Department shall require all dispensers of 
medical
services, other than an individual practitioner or 
group of practitioners,
desiring to participate in the Medical 
Assistance program
established under this Article to disclose 
all financial, beneficial,
ownership, equity, surety or other 
interests in any and all firms,
corporations, partnerships, 
associations, business enterprises, joint
ventures, agencies, 
institutions or other legal entities providing any
form of 
health care services in this State under this Article.


    The Illinois Department may require that all dispensers of 
medical
services desiring to participate in the medical 
assistance program
established under this Article disclose, 
under such terms and conditions as
the Illinois Department may 
by rule establish, all inquiries from clients
and attorneys 
regarding medical bills paid by the Illinois Department, which

inquiries could indicate potential existence of claims or liens 
for the
Illinois Department.


    Enrollment of a vendor
shall be
subject to a provisional 
period and shall be conditional for one year. During the period 
of conditional enrollment, the Department may
terminate the 
vendor's eligibility to participate in, or may disenroll the 
vendor from, the medical assistance
program without cause.  
Unless otherwise specified, such termination of eligibility or 
disenrollment is not subject to the
Department's hearing 
process.
However, a disenrolled vendor may reapply without 
penalty. 

    The Department has the discretion to limit the conditional 
enrollment period for vendors based upon category of risk of 
the vendor.
    Prior to enrollment and during the conditional enrollment 
period in the medical assistance program, all vendors shall be 
subject to enhanced oversight, screening, and review based on 
the risk of fraud, waste, and abuse that is posed by the 
category of risk of the vendor.  The Illinois Department shall 
establish the procedures for oversight, screening, and review, 
which may include, but need not be limited to: criminal and 
financial background checks; fingerprinting; license, 
certification, and authorization verifications;  unscheduled or 
unannounced site visits; database checks; prepayment audit 
reviews; audits; payment caps; payment suspensions; and other 
screening as required by federal or State law.
    The Department shall define or specify the following: (i) 
by provider notice, the "category of risk of the vendor" for 
each type of vendor, which shall take into account the level of 
screening applicable to a particular category of vendor under 
federal law and regulations; (ii) by rule or provider notice, 
the maximum length of the conditional enrollment period for 
each category of risk of the vendor; and (iii) by rule, the 
hearing rights, if any, afforded to a vendor in each category 
of risk of the vendor that is terminated or disenrolled during 
the conditional enrollment period. 
    To be eligible for payment consideration, a vendor's 
payment claim or bill, either as an initial claim or as a 
resubmitted claim following prior rejection, must be received 
by the Illinois Department, or its fiscal intermediary, no 
later than 180 days after the latest date on the claim on which 
medical goods or services were provided, with the following 
exceptions:
        (1) In the case of a provider whose enrollment is in 
    process by the Illinois Department, the 180-day period 
    shall not begin until the date on the written notice from 
    the Illinois Department that the provider enrollment is 
    complete.
        (2) In the case of errors attributable to the Illinois 
    Department or any of its claims processing intermediaries 
    which result in an inability to receive, process, or 
    adjudicate a claim, the 180-day period shall not begin 
    until the provider has been notified of the error.
        (3) In the case of a provider for whom the Illinois 
    Department initiates the monthly billing process.
        (4) In the case of a provider operated by a unit of 
    local government with a population exceeding 3,000,000 
    when local government funds finance federal participation 
    for claims payments. 
    For claims for services rendered during a period for which 
a recipient received retroactive eligibility, claims must be 
filed within 180 days after the Department determines the 
applicant is eligible. For claims for which the Illinois 
Department is not the primary payer, claims must be submitted 
to the Illinois Department within 180 days after the final 
adjudication by the primary payer.
    In the case of long term care facilities, admission 
documents shall be submitted within 30 days of an admission to 
the facility through the Medical Electronic Data Interchange 
(MEDI) or the Recipient Eligibility Verification (REV) System, 
or shall be submitted directly to the Department of Human 
Services using required admission forms. Confirmation numbers 
assigned to an accepted transaction shall be retained by a 
facility to verify timely submittal.  Once an admission 
transaction has been completed, all resubmitted claims 
following prior rejection are subject to receipt no later than 
180 days after the admission transaction has been completed.
    Claims that are not submitted and received in compliance 
with the foregoing requirements shall not be eligible for 
payment under the medical assistance program, and the State 
shall have no liability for payment of those claims.
    To the extent consistent with applicable information and 
privacy, security, and disclosure laws, State and federal 
agencies and departments shall provide the Illinois Department 
access to confidential and other information and data necessary 
to perform eligibility and payment verifications and other 
Illinois Department functions. This includes, but is not 
limited to: information pertaining to licensure; 
certification; earnings; immigration status; citizenship; wage 
reporting; unearned and earned income; pension income; 
employment; supplemental security income; social security 
numbers; National Provider Identifier (NPI) numbers; the 
National Practitioner Data Bank (NPDB); program and agency 
exclusions; taxpayer identification numbers; tax delinquency; 
corporate information; and death records.
    The Illinois Department shall enter into agreements with 
State agencies and departments, and is authorized to enter into 
agreements with federal agencies and departments, under which 
such agencies and departments shall share data necessary for 
medical assistance program integrity functions and oversight. 
The Illinois Department shall develop, in cooperation with 
other State departments and agencies, and in compliance with 
applicable federal laws and regulations, appropriate and 
effective methods to share such data. At a minimum, and to the 
extent necessary to provide data sharing, the Illinois 
Department shall enter into agreements with State agencies and 
departments, and is authorized to enter into agreements with 
federal agencies and departments, including but not limited to: 
the Secretary of State; the Department of Revenue; the 
Department of Public Health; the Department of Human Services; 
and the Department of Financial and Professional Regulation.
    Beginning in fiscal year 2013, the Illinois Department 
shall set forth a request for information to identify the 
benefits of a pre-payment, post-adjudication, and post-edit 
claims system with the goals of streamlining claims processing 
and provider reimbursement, reducing the number of pending or 
rejected claims, and helping to ensure a more transparent 
adjudication process through the utilization of: (i) provider 
data verification and provider screening technology; and (ii) 
clinical code editing; and (iii) pre-pay, pre- or 
post-adjudicated predictive modeling with an integrated case 
management system with link analysis.  Such a request for 
information shall not be considered as a request for proposal 
or as an obligation on the part of the Illinois Department to 
take any action or acquire any products or services. 
    The Illinois Department shall establish policies, 
procedures,
standards and criteria by rule for the acquisition, 
repair and replacement
of orthotic and prosthetic devices and 
durable medical equipment.  Such
rules shall provide, but not be 
limited to, the following services:  (1)
immediate repair or 
replacement of such devices by recipients; and (2) rental, 
lease, purchase or lease-purchase of
durable medical equipment 
in a cost-effective manner, taking into
consideration the 
recipient's medical prognosis, the extent of the
recipient's 
needs, and the requirements and costs for maintaining such

equipment.  Subject to prior approval, such rules shall enable a 
recipient to temporarily acquire and
use alternative or 
substitute devices or equipment pending repairs or

replacements of any device or equipment previously authorized 
for such
recipient by the Department.

    The Department shall execute, relative to the nursing home 
prescreening
project, written inter-agency agreements with the 
Department of Human
Services and the Department on Aging, to 
effect the following: (i) intake
procedures and common 
eligibility criteria for those persons who are receiving

non-institutional services; and (ii) the establishment and 
development of
non-institutional services in areas of the State 
where they are not currently
available or are undeveloped; and 
(iii) notwithstanding any other provision of law, subject to 
federal approval, on and after July 1, 2012, an increase in the 
determination of need (DON) scores from 29 to 37 for applicants 
for institutional and home and community-based long term care; 
if and only if federal approval is not granted, the Department 
may, in conjunction with other affected agencies, implement 
utilization controls or changes in benefit packages to 
effectuate a similar savings amount for this population; and 
(iv) no later than July 1, 2013, minimum level of care 
eligibility criteria for institutional and home and 
community-based long term care.  In order to select the minimum 
level of care eligibility criteria, the Governor shall 
establish a workgroup that includes affected agency 
representatives and stakeholders representing the 
institutional and home and community-based long term care 
interests. This Section shall not restrict the Department from 
implementing lower level of care eligibility criteria for 
community-based services in circumstances where federal 
approval has been granted.


    The Illinois Department shall develop and operate, in 
cooperation
with other State Departments and agencies and in 
compliance with
applicable federal laws and regulations, 
appropriate and effective
systems of health care evaluation and 
programs for monitoring of
utilization of health care services 
and facilities, as it affects
persons eligible for medical 
assistance under this Code.


    The Illinois Department shall report annually to the 
General Assembly,
no later than the second Friday in April of 
1979 and each year
thereafter, in regard to:


        (a) actual statistics and trends in utilization of 
    medical services by
public aid recipients;


        (b) actual statistics and trends in the provision of 
    the various medical
services by medical vendors;


        (c) current rate structures and proposed changes in 
    those rate structures
for the various medical vendors; and


        (d) efforts at utilization review and control by the 
    Illinois Department.


    The period covered by each report shall be the 3 years 
ending on the June
30 prior to the report.  The report shall 
include suggested legislation
for consideration by the General 
Assembly.  The filing of one copy of the
report with  the 
Speaker, one copy with the Minority Leader and one copy
with 
the Clerk of the House of Representatives, one copy with the 
President,
one copy with the Minority Leader and one copy with 
the Secretary of the
Senate, one copy with the Legislative 
Research Unit, and such additional
copies
with the State 
Government Report Distribution Center for the General
Assembly 
as is required under paragraph (t) of Section 7 of the State

Library Act shall be deemed sufficient to comply with this 
Section.


    Rulemaking authority to implement Public Act 95-1045, if 
any, is conditioned on the rules being adopted in accordance 
with all provisions of the Illinois Administrative Procedure 
Act and all rules and procedures of the Joint Committee on 
Administrative Rules; any purported rule not so adopted, for 
whatever reason, is unauthorized. 
    On and after July 1, 2012, the Department shall reduce any 
rate of reimbursement for services or other payments or alter 
any methodologies authorized by this Code to reduce any rate of 
reimbursement for services or other payments in accordance with 
Section 5-5e. 
(Source: P.A. 96-156, eff. 1-1-10; 96-806, eff. 7-1-10; 96-926, 
eff. 1-1-11; 96-1000, eff. 7-2-10; 97-48, eff. 6-28-11; 97-638, 
eff. 1-1-12; 97-689, eff. 6-14-12; 97-1061, eff. 8-24-12; 
revised 9-20-12.)
 
    (305 ILCS 5/5-5e)
    Sec. 5-5e. Adjusted rates of reimbursement. 
    (a) Rates or payments for services in effect on June 30, 
2012 shall be adjusted and
services shall be affected as 
required by any other provision of this amendatory Act of
the 
97th General Assembly. In addition, the Department shall do the 
following: 
        (1) Delink the per diem rate paid for supportive living 
    facility services from the per diem rate paid for nursing 
    facility services, effective for services provided on or 
    after May 1, 2011.
        (2) Cease payment for bed reserves in nursing 
    facilities and , specialized mental health rehabilitation 
    facilities, and, except in the instance of residents who 
    are under 21 years of age, intermediate care facilities for 
    persons with developmental disabilities.
        (2.5) Cease payment for bed reserves for purposes of 
    inpatient hospitalizations to intermediate care facilities 
    for persons with development disabilities, except in the 
    instance of residents who are under 21 years of age. 
        (3) Cease payment of the $10 per day add-on payment to 
    nursing facilities for certain residents with 
    developmental disabilities.
    (b) After the application of subsection (a), 
notwithstanding any other provision of this
Code to the 
contrary and to the extent permitted by federal law, on and 
after July 1,
2012, the rates of reimbursement for services and 
other payments provided under this
Code shall further be 
reduced as follows: 
        (1) Rates or payments for physician services, dental 
    services, or community health center services reimbursed 
    through an encounter rate, and services provided under the 
    Medicaid Rehabilitation Option of the Illinois Title XIX 
    State Plan shall not be further reduced. 
        (2) Rates or payments, or the portion thereof, paid to 
    a provider that is operated by a  unit of local government 
    or State University that provides the non-federal share of 
    such services shall not be further reduced. 
        (3) Rates or payments for hospital services delivered 
    by a hospital defined as a Safety-Net Hospital under 
    Section 5-5e.1 of this Code shall not be further reduced. 
        (4) Rates or payments for hospital services delivered 
    by a Critical Access Hospital, which is an Illinois 
    hospital designated as a critical care hospital by the 
    Department of Public Health in accordance with 42 CFR 485, 
    Subpart F, shall not be further reduced. 
        (5) Rates or payments for Nursing Facility Services 
    shall only be further adjusted pursuant to Section 5-5.2 of 
    this Code. 
        (6) Rates or payments for services delivered by long 
    term care facilities licensed under the ID/DD Community 
    Care Act and developmental training services shall not be 
    further reduced. 
        (7) Rates or payments for services provided under 
    capitation rates shall be adjusted taking into 
    consideration the rates reduction and covered services 
    required by this amendatory Act of the 97th General 
    Assembly. 
        (8) For hospitals not previously described in this 
    subsection, the rates or payments for hospital services 
    shall be further reduced by 3.5%, except for payments 
    authorized under Section 5A-12.4 of this Code. 
        (9) For all other rates or payments for services 
    delivered by providers not specifically referenced in 
    paragraphs (1) through (8), rates or payments shall be 
    further reduced by 2.7%. 
    (c) Any assessment imposed by this Code shall continue and 
nothing in this Section shall be construed to cause it to 
cease. 

(Source: P.A. 97-689, eff. 6-14-12.)
 
    (305 ILCS 5/5-5e.1)
    Sec. 5-5e.1. Safety-Net Hospitals.
    (a) A Safety-Net Hospital is an Illinois hospital that:
        (1) is licensed by the Department of Public Health as a 
    general acute care or pediatric hospital; and
        (2) is a disproportionate share hospital, as described 
    in Section 1923 of the federal Social Security Act, as 
    determined by the Department; and
        (3) meets one of the following:
            (A) has a MIUR of at least 40% and a charity 
        percent of at least 4%; or
            (B) has a MIUR of at least 50%.
    (b) Definitions. As used in this Section:
        (1) "Charity percent" means the ratio of (i) the 
    hospital's charity charges for services provided to 
    individuals without health insurance or another source of 
    third party coverage to (ii) the Illinois total hospital 
    charges, each as reported on the hospital's OBRA form.
        (2) "MIUR" means Medicaid Inpatient Utilization Rate 
    and is defined as a fraction, the numerator of which is the 
    number of a hospital's inpatient days provided in the 
    hospital's fiscal year ending 3 years prior to the rate 
    year, to patients who, for such days, were eligible for 
    Medicaid under Title XIX of the federal Social Security 
    Act, 42 USC 1396a et seq., excluding those persons eligible 
    for medical assistance pursuant to 42 U.S.C. 
    1396a(a)(10)(A)(i)(VIII) as set forth in paragraph 18 of 
    Section 5-2 of this Article,  and the denominator of which 
    is the total number of the hospital's inpatient days in 
    that same period, excluding those persons eligible for 
    medical assistance pursuant to 42 U.S.C. 
    1396a(a)(10)(A)(i)(VIII) as set forth in paragraph 18 of 
    Section 5-2 of this Article.
        (3) "OBRA form" means form HFS-3834, OBRA '93 data 
    collection form, for the rate year.
        (4) "Rate year" means the 12-month period beginning on 
    October 1.
    (c) For the 27-month period beginning July 1, 2012, a 
hospital that would have qualified for the rate year beginning 
October 1, 2011, shall be a Safety-Net Hospital.
    (d) No later than August 15 preceding the rate year, each 
hospital shall submit the OBRA form to the Department. Prior to 
October 1, the Department shall notify each hospital whether it 
has qualified as a Safety-Net Hospital.
    (e) The Department may promulgate rules in order to 
implement this Section.

(Source: P.A. 97-689, eff. 6-14-12.)
 
    (305 ILCS 5/5-5f)
    Sec. 5-5f. Elimination and limitations of medical 
assistance services. Notwithstanding any other provision of 
this Code to the contrary, on and after July 1, 2012:
    (a) The following services shall no longer be a covered 
service available under this Code: group psychotherapy for 
residents of any facility licensed under the Nursing Home Care 
Act or the Specialized Mental Health Rehabilitation Act; and 
adult chiropractic services. 
    (b) The Department shall place the following limitations on 
services: (i) the Department shall limit adult eyeglasses to 
one pair every 2 years; (ii) the Department shall set an annual 
limit of a maximum of 20 visits for each of the following 
services: adult speech, hearing, and language therapy 
services, adult occupational therapy services, and physical 
therapy services; (iii) the Department shall limit adult 
podiatry services to individuals with diabetes;  (iv) the 
Department shall pay for caesarean sections at the normal 
vaginal delivery rate unless a caesarean section was medically 
necessary; (v) the Department shall limit adult dental services 
to emergencies; beginning July 1, 2013, the Department shall 
ensure that the following conditions are recognized as 
emergencies: (A) dental services necessary for an individual in 
order for the individual to be cleared for a medical procedure, 
such as a transplant;
(B) extractions and dentures necessary 
for a diabetic to receive proper nutrition;
(C) extractions and 
dentures necessary as a result of cancer treatment; and (D) 
dental services necessary for the health of a pregnant woman 
prior to delivery of her baby; and (vi) effective July 1, 2012, 
the Department shall place limitations and require concurrent 
review on every inpatient detoxification stay to prevent repeat 
admissions to any hospital for detoxification within 60 days of 
a previous inpatient detoxification stay. The Department shall 
convene a workgroup of hospitals, substance abuse providers, 
care coordination entities, managed care plans, and other 
stakeholders to develop recommendations for quality standards, 
diversion to other settings, and admission criteria for 
patients who need inpatient detoxification, which shall be 
published on the Department's website no later than September 
1, 2013. 
    (c) The Department shall require prior approval of the 
following services: wheelchair repairs costing more than $400 , 
regardless of the cost of the repairs, coronary artery bypass 
graft, and bariatric surgery consistent with Medicare 
standards concerning patient responsibility. Wheelchair repair 
prior approval requests shall be adjudicated within one 
business day of receipt of complete supporting documentation. 
Providers may not break wheelchair repairs into separate claims 
for purposes of staying under the $400 threshold for requiring 
prior approval. The wholesale price cost of manual and power 
wheelchairs, durable medical equipment and supplies, and 
complex rehabilitation technology products and services shall 
be defined as actual acquisition cost including all discounts. 
    (d) The Department shall establish benchmarks for 
hospitals to measure and align payments to reduce potentially 
preventable hospital readmissions, inpatient complications, 
and unnecessary emergency room visits. In doing so, the 
Department shall consider items, including, but not limited to, 
historic and current acuity of care and historic and current 
trends in readmission. The Department shall publish 
provider-specific historical readmission data and anticipated 
potentially preventable targets 60 days prior to the start of 
the program. In the instance of readmissions, the Department 
shall adopt policies and rates of reimbursement for services 
and other payments provided under this Code to ensure that, by 
June 30, 2013, expenditures to hospitals are reduced by, at a 
minimum, $40,000,000. 
    (e) The Department shall establish utilization controls 
for the hospice program such that it shall not pay for other 
care services when an individual is in hospice. 
    (f) For home health services, the Department shall require 
Medicare certification of providers participating in the 
program and , implement the Medicare face-to-face encounter 
rule, and limit services to post-hospitalization. The 
Department shall require providers to implement auditable 
electronic service verification based on global positioning 
systems or other cost-effective technology. 
    (g) For the Home Services Program operated by the 
Department of Human Services and the Community Care Program 
operated by  the Department on Aging, the Department of Human 
Services, in cooperation with the Department on Aging, shall 
implement an electronic service verification based on global 
positioning systems or other cost-effective technology. 
    (h) Effective with inpatient hospital admissions on or 
after July 1, 2012, the Department shall reduce the payment for 
a claim that indicates the occurrence of a provider-preventable 
condition during the admission as specified by the Department 
in rules. The Department shall not pay for services related to 
an other provider-preventable condition.
    As used in this subsection (h):
    "Provider-preventable condition" means a health care 
acquired condition as defined under the federal Medicaid 
regulation found at 42 CFR 447.26 or an other 
provider-preventable condition.
    "Other provider-preventable condition" means a wrong 
surgical or other invasive procedure performed on a patient, a 
surgical or other invasive procedure performed on the wrong 
body part, or a surgical procedure or other invasive procedure 
performed on the wrong patient. The Department shall not pay 
for hospital admissions when the claim indicates a hospital 
acquired condition that would cause Medicare to reduce its 
payment on the claim had the claim been submitted to Medicare, 
nor shall the Department pay for hospital admissions where a 
Medicare identified "never event" occurred. 
    (i) The Department shall implement cost savings 
initiatives for advanced imaging services, cardiac imaging 
services, pain management services, and back surgery. Such 
initiatives shall be designed to achieve annual costs savings. 

    (j) The Department shall ensure that beneficiaries with a 
diagnosis of epilepsy or seizure disorder in Department records 
will not require prior approval for anticonvulsants. 
(Source: P.A. 97-689, eff. 6-14-12.)
 
ARTICLE 11.

 
    Section 11-5. The Illinois Public Aid Code is amended by 
changing Section 11-5.3 as follows:
 
    (305 ILCS 5/11-5.3)
    Sec. 11-5.3. Procurement of vendor to verify eligibility 
for assistance under Article V.
    (a) No later than 60 days after the effective date of this 
amendatory Act of the 97th General Assembly, the Chief 
Procurement Officer for General Services, in consultation with 
the Department of Healthcare and Family Services, shall conduct 
and complete any procurement necessary to procure a vendor to 
verify eligibility for assistance under Article V of this Code.  
Such authority shall include procuring a vendor to assist the 
Chief Procurement Officer in conducting the procurement. The 
Chief Procurement Officer and the Department shall jointly 
negotiate final contract terms with a vendor selected by the 
Chief Procurement Officer. Within 30 days of selection of an 
eligibility verification vendor, the Department of Healthcare 
and Family Services shall enter into a contract with the 
selected vendor.  The Department of Healthcare and Family 
Services and the Department of Human Services shall cooperate 
with and provide any information requested by the Chief 
Procurement Officer to conduct the procurement. 
    (b) Notwithstanding any other provision of law, any 
procurement or contract necessary to comply with this Section 
shall be exempt from: (i) the Illinois Procurement Code  
pursuant to Section 1-10(h) of the Illinois Procurement Code, 
except that bidders shall comply with the disclosure 
requirement in Sections 50-10.5(a) through (d), 50-13, 50-35, 
and 50-37 of the Illinois Procurement Code and a vendor awarded 
a contract under this Section shall comply with Section 50-37 
of the Illinois Procurement Code; (ii) any administrative rules 
of this State pertaining to procurement or contract formation; 
and (iii) any State  or Department policies or procedures 
pertaining to procurement,  contract formation, contract award, 
and Business Enterprise Program approval. 
    (c) Upon becoming operational, the contractor shall 
conduct data matches using the name, date of birth, address, 
and Social Security Number of each applicant and recipient 
against public records to verify eligibility. The contractor, 
upon preliminary determination that an enrollee is eligible or 
ineligible, shall notify the Department, except that the 
contractor shall not make preliminary determinations regarding 
the eligibility of persons residing in long term care 
facilities whose income and resources were at or below the 
applicable financial eligibility standards at the time of their 
last review. Within 20 business days of such notification, the 
Department shall accept the recommendation or reject it with a 
stated reason. The Department shall retain final authority over 
eligibility determinations. The contractor shall keep a record 
of all preliminary determinations of ineligibility 
communicated to the Department. Within 30 days of the end of 
each calendar quarter, the Department and contractor shall file 
a joint report on a quarterly basis to the Governor, the 
Speaker of the House of Representatives, the Minority Leader of 
the House of Representatives, the Senate President, and the 
Senate Minority Leader. The report shall include, but  shall not 
be limited to, monthly recommendations of preliminary 
determinations of eligibility or ineligibility communicated by 
the contractor,  the actions taken on those preliminary 
determinations by the Department, and the stated reasons for 
those recommendations that the Department rejected. 
    (d) An eligibility verification vendor contract shall be 
awarded for an initial 2-year period with up to a maximum of 2 
one-year renewal options. Nothing in this Section shall compel 
the award of a contract to a vendor that fails to meet the 
needs of the Department. A contract with a vendor to assist in 
the procurement shall be awarded for a period of time not to 
exceed 6 months. 

    (e) The provisions of this Section shall be administered in 
compliance with federal law. 
(Source: P.A. 97-689, eff. 6-14-12.)
 
    Section 11-10. The State Finance Act is amended by adding 
Section 5.826 as follows:
 
    (30 ILCS 105/5.826 new)
    Sec. 5.826. The Medicaid Research and Education Support 
Fund.
 
    Section 11-15. The Illinois Public Aid Code is amended  by 
adding Sections 5-5e.2, 5-31, and 5-32 as follows:
 
    (305 ILCS 5/5-5e.2 new)
    Sec. 5-5e.2. Academic medical centers and major teaching 
hospital status.
    (a) Hospitals dedicated to medical research and medical 
education shall be classified each State fiscal year in 3 tiers 
based on specific criteria: 
        (1) Tier I. A private academic medical center must: 
            (A) be a hospital located in Illinois which is 
        either:
                (i) under common ownership with the college of 
            medicine of a non-public college or university; 
                (ii) a freestanding hospital in which the 
            majority of the clinical chiefs of service or 
            clinical department chairs are department chairmen 
            in an affiliated non-public Illinois medical 
            school; or
                (iii) a children's hospital which is 
            separately incorporated and non-integrated into 
            the academic medical center hospital but which is 
            the pediatric partner for an academic medical 
            center hospital and which serves as the primary 
            teaching hospital for pediatrics for its 
            affiliated Illinois medical school.  A hospital 
            identified herein is deemed to meet the additional 
            Tier I criteria if its partner academic medical 
            center hospital meets the Tier I criteria; 
            (B) serve as the training site for at least 30 
        graduate medical education programs accredited by 
        Accreditation Council for Graduate Medical Education; 
            (C) facilitate the training on its campus or on 
        affiliated off-campus sites no less than 500 medical 
        students, interns, residents, and fellows during the 
        calendar year preceding the beginning of the State 
        fiscal year; 
            (D) perform, either itself or through its 
        affiliated university, at least $12,000,000 in medical 
        research funded through grants or contracts from the 
        National Institutes of Health either directly or, with 
        respect to hospitals described in item (ii) of 
        subparagraph (A) of this paragraph, have as its 
        affiliated non-public Illinois medical school a 
        medical school that performs either itself or through 
        its affiliated University medical research funded 
        using at least $12,000,000 in grants or contracts from 
        the National Institutes of Health; and 
            (E) expend directly or indirectly through an 
        affiliated non-public medical school or as part of a 
        hospital system as defined in paragraph (4) of 
        subsection (h) of Section 3-8 of the Service Use Tax 
        Act no less than $5,000,000 toward medical research and 
        education during the calendar year preceding the 
        beginning of the State fiscal year. 
        (2) Tier II. A public academic medical center must: 
            (A) be a hospital located in Illinois which is a 
        primary teaching hospital affiliated with; 
                (i) University of Illinois School of Medicine 
            at Chicago; or
                (ii) University of Illinois School of Medicine 
            at Peoria; or
                (iii) University of Illinois School of 
            Medicine at Rockford; or
                (iv) University of Illinois School of Medicine 
            at Urbana; or
                (v) Southern Illinois University School of 
            Medicine in Springfield; and 
            (B) contribute no less than $2,500,000 toward 
        medical research and education during the calendar 
        year preceding the beginning of the State fiscal year. 
        (3) Tier III. A major teaching hospital must: 
            (A) be an Illinois hospital with 100 or more 
        interns and residents or with a ratio of interns and 
        residents to beds greater than or equal to 0.25; and 
            (B) support at least one graduate medical 
        education program accredited by Accreditation Council 
        for Graduate Medical Education. 
    (b) All hospitals seeking to qualify for Tier I, Tier II, 
or Tier III recognition must annually submit a report to the 
Department with supporting documentation and attesting to 
meeting the requirements in this Section. Such reporting must 
also describe each hospital's education and research 
activities for the preceding year. 
 
    (305 ILCS 5/5-31 new)
    Sec. 5-31. Medicaid Research and Education Support Fund.
    (a) There is created in the State treasury the Medicaid 
Research and Education Support Fund. Interest earned by the 
Fund shall be credited to the Fund. The Fund shall not be used 
to replace any moneys appropriated to the Medicaid program by 
the General Assembly.
    (b) The Fund is created for the purpose of receiving 
moneys, donations, and grants from private and public colleges 
and universities and disbursing moneys only for the following 
purposes, notwithstanding any other provision of law, for 
making payments to hospitals as required under Section 5-32  of 
this Code and any amounts which are reimbursable to the federal 
government for payments from this Fund which are required to be 
paid by State warrant.
    Disbursements from the Fund shall be by warrants drawn by 
the State Comptroller upon receipt of vouchers duly executed 
and certified by the Illinois Department. 
    (c) The Fund shall consist of the following: 
        (1) All moneys collected or received by the Illinois  
    Department from donations and grants from private and 
    public colleges and universities.
        (2) All federal matching funds received by the Illinois 
    Department as a result of expenditures made by the Illinois 
    Department that are attributable to moneys deposited in the 
    Fund. 
        (3) Any interest or penalty levied in conjunction with 
    the administration of this Section.
        (4) Moneys transferred from another fund in the State 
    treasury.
        (5) All other moneys received for the Fund from any 
    other source, including interest earned thereon. 
    (d) Interfund transfers from the Medicaid Research and 
Education Support Fund are prohibited. 
 
    (305 ILCS 5/5-32 new)
    Sec. 5-32. Medicaid research and education enhancement 
payments.
    (a) The Department shall make Medicaid enhancement 
payments to Tier I and Tier II academic medical centers as 
defined in Section 5-5e.2 of this Code identified as primary 
affiliates by any university or college that makes a donation 
to the Medicaid Research and Education Support Fund. 
    (b) By April 30 of each year, a university or college that 
intends to make a donation to the Medicaid Research and 
Education Support Fund for the upcoming State fiscal year must 
notify the Department of this intent and identify a primary 
Tier I or Tier II academic medical center as defined in Section 
5-5e.2 of this Code. 
    (c) Only Tier I and Tier II academic medical centers as 
defined in Section 5-5e.2 of this Code identified by a 
university or college as required under subsection (b) of this 
Section are eligible to receive payments under this Section. 
    (d) Reimbursement methodology. The Department shall 
develop a reimbursement methodology consistent with this 
Section for distribution of moneys from the funds in a manner 
that would allow distributions from these funds to be matchable 
under Title XIX of the Social Security Act. The Department may 
enhance payment rates to any combination of Medicaid inpatient 
or outpatient Medicaid services. The Department may enhance 
Medicaid physician services for physicians employed by Tier I 
or Tier II academic medical centers as defined in Section 
5-5e.2 of this Code qualified to receive payment under this 
Section if the Department and the Tier I or Tier II academic 
medical centers as defined in Section 5-5e.2 of this Code agree 
prior to the start of the State fiscal year for which payments 
are made. The Department shall promulgate rules necessary to 
make these distributions matchable. 
    (e) The Department of Healthcare and Family Services must 
submit a State Medicaid Plan Amendment to the Centers for 
Medicare and Medicaid Services to implement the payments under 
this Section within 60 days of the effective date of this 
amendatory Act of the 98th General Assembly. 
    (f) Reimbursements or payments by the State. Nothing in 
this Section may be used to reduce reimbursements or payments 
by the State to a hospital under any other Act. 
  
 
    Section 11-20. The Illinois Public Aid Code is amended  by 
changing Section 5-30 as follows:
 
    (305 ILCS 5/5-30)
    Sec. 5-30. Care coordination.
    (a) At least 50% of recipients eligible for comprehensive 
medical benefits in all medical assistance programs or other 
health benefit programs administered by the Department, 
including the Children's Health Insurance Program Act and the 
Covering ALL KIDS Health Insurance Act, shall be enrolled in a 
care coordination program by no later than  January  1,  2015.  For  
purposes  of  this  Section,  "coordinated care" or "care 
coordination" means delivery  systems where recipients will 
receive their care from providers who participate under 
contract in integrated delivery systems that are responsible 
for providing or arranging the majority of care, including 
primary care physician services, referrals from primary care 
physicians, diagnostic and treatment services, behavioral 
health services, in-patient and outpatient hospital services, 
dental services, and rehabilitation and long-term care 
services. The Department shall designate or contract for such 
integrated delivery systems (i) to ensure enrollees have a 
choice of systems and of primary care providers within such 
systems; (ii) to ensure that enrollees receive quality care in 
a culturally and linguistically appropriate manner; and (iii) 
to ensure that coordinated care programs meet the diverse needs 
of enrollees with developmental, mental health, physical, and 
age-related disabilities. 
    (b) Payment for such coordinated care shall be based on 
arrangements where the State pays for performance related to 
health care outcomes, the use of evidence-based practices, the 
use of primary care delivered through comprehensive medical 
homes, the use of electronic medical records, and the 
appropriate exchange of health information electronically made 
either on a capitated basis in which a fixed monthly premium 
per recipient is paid and full financial risk is assumed for 
the delivery of services, or through other risk-based payment 
arrangements. 
    (c) To qualify for compliance with this Section, the 50% 
goal shall be achieved by enrolling medical assistance 
enrollees from each medical assistance enrollment category, 
including parents, children, seniors, and people with 
disabilities to the extent that current State Medicaid payment 
laws would not limit federal matching funds for recipients in 
care coordination programs. In addition, services must be more 
comprehensively defined and more risk shall be assumed than in 
the Department's primary care case management program as of the 
effective date of this amendatory Act of the 96th General 
Assembly. 
    (d) The  Department  shall  report to the General Assembly  in  
a  separate  part  of  its  annual medical assistance program 
report, beginning April, 2012  until  April,  2016,  on  the  
progress  and  implementation  of  the  care coordination  program  
initiatives  established by the  provisions  of  this  amendatory  
Act  of  the  96th  General  Assembly. The Department shall include 
in its April 2011 report a full analysis of federal laws or 
regulations regarding upper payment limitations to providers 
and the necessary revisions or adjustments in rate 
methodologies and payments to providers under this Code that 
would be necessary to implement coordinated care with full 
financial risk by a party other than the Department. 

    (e) Integrated Care Program for individuals with chronic 
mental health conditions. 
        (1) The Integrated Care Program shall encompass 
    services administered to recipients of medical assistance 
    under this Article to prevent exacerbations and 
    complications using cost-effective, evidence-based 
    practice guidelines and mental health management 
    strategies.
        (2) The Department may utilize and expand upon existing 
    contractual arrangements with integrated care plans under 
    the Integrated Care Program for providing the coordinated 
    care provisions of this Section.
        (3) Payment for such coordinated care shall be based on 
    arrangements where the State pays for performance related 
    to mental health outcomes on a capitated basis in which a 
    fixed monthly premium per recipient is paid and full 
    financial risk is assumed for the delivery of services, or 
    through other risk-based payment arrangements such as 
    provider-based care coordination.
        (4) The Department shall examine whether chronic 
    mental health management programs and services for 
    recipients with specific chronic mental health conditions 
    do any or all of the following: 
            (A) Improve the patient's overall mental health in 
        a more expeditious and cost-effective manner.
            (B) Lower costs in other aspects of the medical 
        assistance program, such as hospital admissions, 
        emergency room visits, or more frequent and 
        inappropriate psychotropic drug use. 
        (5) The Department shall work with the facilities and 
    any integrated care plan participating in the program to 
    identify and correct barriers to the successful 
    implementation of this subsection (e) prior to and during 
    the implementation to best facilitate the goals and 
    objectives of this subsection (e).
    (f) A hospital that is located in a county of the State in 
which the Department mandates some or all of the beneficiaries 
of the Medical Assistance Program residing in the county to 
enroll in a Care Coordination Program, as set forth in Section 
5-30 of this Code, shall not be eligible for any non-claims 
based payments not mandated by Article V-A of this Code for 
which it would otherwise be qualified to receive, unless the 
hospital is a Coordinated Care Participating Hospital no later 
than 60 days after the effective date of this amendatory Act of 
the 97th General Assembly or 60 days after the first mandatory 
enrollment of a beneficiary in a Coordinated Care program. For 
purposes of this subsection, "Coordinated Care Participating 
Hospital" means a hospital that meets one of the following 
criteria: 
        (1) The hospital has entered  into a contract to provide 
    hospital services to enrollees of the care coordination 
    program. 
        (2) The hospital has not been offered a contract by a 
    care coordination plan that pays at least as much as the 
    Department would pay, on a fee-for-service basis, not 
    including disproportionate share hospital adjustment 
    payments or any other supplemental adjustment or add-on 
    payment to the base fee-for-service rate. 
    (g) No later than August 1, 2013, the Department shall 
issue a purchase of care solicitation for Accountable Care 
Entities (ACE) to serve any children and parents or caretaker 
relatives of children eligible for medical assistance under 
this Article.  An ACE may be a single corporate structure or a 
network of providers organized through contractual 
relationships with a single corporate entity. The solicitation 
shall require that: 
        (1) An ACE operating in Cook County be capable of 
    serving at least 40,000 eligible individuals in that 
    county; an ACE operating in Lake, Kane, DuPage, or Will 
    Counties be capable of serving at least 20,000 eligible 
    individuals in those counties and an ACE operating in other 
    regions of the State be capable of serving at least 10,000 
    eligible individuals in the region in which it operates. 
    During initial periods of mandatory enrollment, the 
    Department shall  require its enrollment services 
    contractor to use a default assignment algorithm that 
    ensures if possible an ACE reaches the minimum enrollment 
    levels set forth in this paragraph. 
        (2) An ACE must include at a minimum the following 
    types of providers: primary care, specialty care, 
    hospitals, and behavioral healthcare. 
        (3) An ACE shall have a governance structure that 
    includes the major components of the health care delivery 
    system, including one representative from each of the 
    groups listed in paragraph (2). 
        (4) An ACE must be an integrated delivery system, 
    including  a network able to provide the full range of 
    services needed by Medicaid beneficiaries and system 
    capacity to securely pass clinical information across 
    participating entities and to aggregate and analyze that 
    data in order to coordinate care. 
        (5) An ACE must be capable of providing both care 
    coordination and complex case management, as necessary, to 
    beneficiaries.  To be responsive to the solicitation, a 
    potential ACE must outline its care coordination and 
    complex case management model and plan to reduce the cost 
    of care. 
        (6) In the first 18 months  of operation, unless the ACE 
    selects a shorter period, an ACE shall be paid care 
    coordination fees on a per member per month basis that are 
    projected to be cost neutral to the State during the term 
    of their payment and, subject to federal approval, be 
    eligible to share in additional savings generated by their 
    care coordination. 
        (7) In months 19 through 36 of operation, unless the 
    ACE selects a shorter period, an ACE shall be paid on a 
    pre-paid capitation basis for all medical assistance 
    covered services, under contract terms similar to Managed 
    Care Organizations (MCO), with the Department sharing the 
    risk through either stop-loss insurance for extremely high 
    cost individuals or corridors of shared risk based on the 
    overall cost of the total enrollment in the ACE. The ACE 
    shall be responsible for claims processing, encounter data 
    submission, utilization control, and quality assurance. 
        (8) In the fourth and subsequent years of operation, an 
    ACE shall convert to a Managed Care Community Network 
    (MCCN), as defined in this Article, or Health Maintenance 
    Organization pursuant to the Illinois Insurance Code, 
    accepting full-risk capitation payments. 
    The Department shall allow potential ACE entities 5  months 
from the date of the posting of the solicitation to submit 
proposals.  After the solicitation is released, in addition to 
the MCO rate development data available on the Department's 
website, subject to federal and State confidentiality and 
privacy laws and regulations, the Department shall provide 2 
years of de-identified summary service data on the targeted 
population, split between children and adults, showing the 
historical type and volume of services received and the cost of 
those services to those potential bidders that sign a data use 
agreement.  The Department may add up to 2 non-state government 
employees with expertise in creating integrated delivery 
systems to its review team for the purchase of care 
solicitation described in this subsection.  Any such 
individuals must sign a no-conflict disclosure and 
confidentiality agreement and agree to act in accordance with 
all applicable State laws. 
    During the first 2 years of an ACE's operation, the 
Department  shall provide claims data to the ACE on its 
enrollees on a periodic basis no less frequently than monthly. 
    Nothing in this subsection shall be construed to limit the 
Department's mandate to enroll 50% of its beneficiaries into 
care coordination systems by January 1, 2015, using all 
available care coordination delivery systems, including Care 
Coordination Entities (CCE), MCCNs, or MCOs,  nor be construed 
to affect the current CCEs, MCCNs, and MCOs selected to serve 
seniors and persons with disabilities prior to that date. 
    (h) Department  contracts with MCOs and other entities 
reimbursed by risk based capitation shall have a minimum 
medical loss ratio of 85%, shall require the MCO or other 
entity to pay claims within 30 days of receiving a bill that 
contains all the essential information needed to adjudicate the 
bill, and shall require the entity to pay a penalty that is at 
least equal to the penalty imposed under the Illinois Insurance 
Code for any claims not paid within this time period.  The 
requirements of this subsection shall apply to contracts with 
MCOs entered into or renewed or extended after June 1, 2013. 
(Source: P.A. 96-1501, eff. 1-25-11; 97-689, eff. 6-14-12.)
 
    Section 11-25. The Illinois Public Aid Code is amended  by 
changing Section 5-5.02 as follows:
 



    (305 ILCS 5/5-5.02)  (from Ch. 23, par. 5-5.02)


    Sec. 5-5.02. Hospital reimbursements. 

    (a) Reimbursement to Hospitals; July 1, 1992 through 
September 30, 1992.
Notwithstanding any other provisions of 
this Code or the Illinois
Department's Rules promulgated under 
the Illinois Administrative Procedure
Act, reimbursement to 
hospitals for services provided during the period
July 1, 1992 
through September 30, 1992, shall be as follows:


        (1) For inpatient hospital services rendered, or if 
    applicable, for
inpatient hospital discharges occurring, 
    on or after July 1, 1992 and on
or before September 30, 
    1992, the Illinois Department shall reimburse
hospitals 
    for inpatient services under the reimbursement 
    methodologies in
effect for each hospital, and at the 
    inpatient payment rate calculated for
each hospital, as of 
    June 30, 1992.  For purposes of this paragraph,

    "reimbursement methodologies" means all reimbursement 
    methodologies that
pertain to the provision of inpatient 
    hospital services, including, but not
limited to, any 
    adjustments for disproportionate share, targeted access,

    critical care access and uncompensated care, as defined by 
    the Illinois
Department on June 30, 1992.


        (2) For the purpose of calculating the inpatient 
    payment rate for each
hospital eligible to receive 
    quarterly adjustment payments for targeted
access and 
    critical care, as defined by the Illinois Department on 
    June 30,
1992, the adjustment payment for the period July 
    1, 1992 through September
30, 1992, shall be 25% of the 
    annual adjustment payments calculated for
each eligible 
    hospital, as of June 30, 1992.  The Illinois Department 
    shall
determine by rule the adjustment payments for 
    targeted access and critical
care beginning October 1, 
    1992.


        (3) For the purpose of calculating the inpatient 
    payment rate for each
hospital eligible to receive 
    quarterly adjustment payments for
uncompensated care, as 
    defined by the Illinois Department on June 30, 1992,
the 
    adjustment payment for the period August 1, 1992 through 
    September 30,
1992, shall be one-sixth of the total 
    uncompensated care adjustment payments
calculated for each 
    eligible hospital for the uncompensated care rate year,
as 
    defined by the Illinois Department, ending on July 31, 
    1992.  The
Illinois Department shall determine by rule the 
    adjustment payments for
uncompensated care beginning 
    October 1, 1992.

    (b) Inpatient payments.  For inpatient services provided on 
or after October
1, 1993, in addition to rates paid for 
hospital inpatient services pursuant to
the Illinois Health 
Finance Reform Act, as now or hereafter amended, or the

Illinois Department's prospective reimbursement methodology, 
or any other
methodology used by the Illinois Department for 
inpatient services, the
Illinois Department shall make 
adjustment payments, in an amount calculated
pursuant to the 
methodology described in paragraph (c) of this Section, to

hospitals that the Illinois Department determines satisfy any 
one of the
following requirements:


        (1) Hospitals that are described in Section 1923 of the 
    federal Social
Security Act, as now or hereafter amended, 
    except that for rate year 2015 and after a hospital 
    described in Section 1923(b)(1)(B) of the federal Social 
    Security Act and qualified for the payments described in 
    subsection (c) of this Section for rate year 2014 provided 
    the hospital continues to meet the description in Section 
    1923(b)(1)(B) in the current determination year;  or


        (2) Illinois hospitals that have a Medicaid inpatient 
    utilization
rate which is at least one-half a standard 
    deviation above the mean Medicaid
inpatient utilization 
    rate for all hospitals in Illinois receiving Medicaid

    payments from the Illinois Department; or


        (3) Illinois hospitals that on July 1, 1991 had a 
    Medicaid inpatient
utilization rate, as defined in 
    paragraph (h) of this Section,
that was at least the mean 
    Medicaid inpatient utilization rate for all
hospitals in 
    Illinois receiving Medicaid payments from the Illinois

    Department and which were located in a planning area with 
    one-third or
fewer excess beds as determined by the Health 
    Facilities and Services Review Board, and that, as of June 
    30, 1992, were located in a federally
designated Health 
    Manpower Shortage Area; or


        (4) Illinois hospitals that:


            (A) have a Medicaid inpatient utilization rate 
        that is at least
equal to the mean Medicaid inpatient 
        utilization rate for all hospitals in
Illinois 
        receiving Medicaid payments from the Department; and


            (B) also have a Medicaid obstetrical inpatient 
        utilization
rate that is at least one standard 
        deviation above the mean Medicaid
obstetrical 
        inpatient utilization rate for all hospitals in 
        Illinois
receiving Medicaid payments from the 
        Department for obstetrical services; or


        (5) Any children's hospital, which means a hospital 
    devoted exclusively
to caring for children.  A hospital 
    which includes a facility devoted
exclusively to caring for 
    children shall be considered a
children's hospital to the 
    degree that the hospital's Medicaid care is
provided to 
    children
if either (i) the facility devoted exclusively to 
    caring for children is
separately licensed as a hospital by 
    a municipality prior to February 28, 2013
September
30, 
    1998 or
(ii) the hospital has been
designated
by the State

    as a Level III perinatal care facility, has a Medicaid 
    Inpatient
Utilization rate
greater than 55% for the rate 
    year 2003 disproportionate share determination,
and has 
    more than 10,000 qualified children days as defined by
the

    Department in rulemaking.

    (c) Inpatient adjustment payments.  The adjustment payments 
required by
paragraph (b) shall be calculated based upon the 
hospital's Medicaid
inpatient utilization rate as follows:


        (1) hospitals with a Medicaid inpatient utilization 
    rate below the mean
shall receive a per day adjustment 
    payment equal to $25;


        (2) hospitals with a Medicaid inpatient utilization 
    rate
that is equal to or greater than the mean Medicaid 
    inpatient utilization rate
but less than one standard 
    deviation above the mean Medicaid inpatient
utilization 
    rate shall receive a per day adjustment payment
equal to 
    the sum of $25 plus $1 for each one percent that the 
    hospital's
Medicaid inpatient utilization rate exceeds the 
    mean Medicaid inpatient
utilization rate;


        (3) hospitals with a Medicaid inpatient utilization 
    rate that is equal
to or greater than one standard 
    deviation above the mean Medicaid inpatient
utilization 
    rate but less than 1.5 standard deviations above the mean 
    Medicaid
inpatient utilization rate shall receive a per day 
    adjustment payment equal to
the sum of $40 plus $7 for each 
    one percent that the hospital's Medicaid
inpatient 
    utilization rate exceeds one standard deviation above the 
    mean
Medicaid inpatient utilization rate; and


        (4) hospitals with a Medicaid inpatient utilization 
    rate that is equal
to or greater than 1.5 standard 
    deviations above the mean Medicaid inpatient
utilization 
    rate shall receive a per day adjustment payment equal to 
    the sum of
$90 plus $2 for each one percent that the 
    hospital's Medicaid inpatient
utilization rate exceeds 1.5 
    standard deviations above the mean Medicaid
inpatient 
    utilization rate.

    (d) Supplemental adjustment payments.  In addition to the 
adjustment
payments described in paragraph (c), hospitals as 
defined in clauses
(1) through (5) of paragraph (b), excluding 
county hospitals (as defined in
subsection (c) of Section 15-1 
of this Code) and a hospital organized under the
University of 
Illinois Hospital Act, shall be paid supplemental inpatient

adjustment payments of $60 per day.  For purposes of Title XIX 
of the federal
Social Security Act, these supplemental 
adjustment payments shall not be
classified as adjustment 
payments to disproportionate share hospitals.

    (e) The inpatient adjustment payments described in 
paragraphs (c) and (d)
shall be increased on October 1, 1993 
and annually thereafter by a percentage
equal to the lesser of 
(i) the increase in the DRI hospital cost index for the
most 
recent 12 month period for which data are available, or (ii) 
the
percentage increase in the statewide average hospital 
payment rate over the
previous year's statewide average 
hospital payment rate.  The sum of the
inpatient adjustment 
payments under paragraphs (c) and (d) to a hospital, other
than 
a county hospital (as defined in subsection (c) of Section 15-1 
of this
Code) or a hospital organized under the University of 
Illinois Hospital Act,
however, shall not exceed $275 per day; 
that limit shall be increased on
October 1, 1993 and annually 
thereafter by a percentage equal to the lesser of
(i) the 
increase in the DRI hospital cost index for the most recent 
12-month
period for which data are available or (ii) the 
percentage increase in the
statewide average hospital payment 
rate over the previous year's statewide
average hospital 
payment rate.

    (f) Children's hospital inpatient adjustment payments.  For 
children's
hospitals, as defined in clause (5) of paragraph 
(b), the adjustment payments
required pursuant to paragraphs 
(c) and (d) shall be multiplied by 2.0.

    (g) County hospital inpatient adjustment payments.  For 
county hospitals,
as defined in subsection (c) of Section 15-1 
of this Code, there shall be an
adjustment payment as 
determined by rules issued by the Illinois Department.

    (h) For the purposes of this Section the following terms 
shall be defined
as follows:


        (1) "Medicaid inpatient utilization rate" means a 
    fraction, the numerator
of which is the number of a 
    hospital's inpatient days provided in a given
12-month 
    period to patients who, for such days, were eligible for 
    Medicaid
under Title XIX of the federal Social Security 
    Act, and the denominator of
which is the total number of 
    the hospital's inpatient days in that same period.


        (2) "Mean Medicaid inpatient utilization rate" means 
    the total number
of Medicaid inpatient days provided by all 
    Illinois Medicaid-participating
hospitals divided by the 
    total number of inpatient days provided by those same

    hospitals.


        (3) "Medicaid obstetrical inpatient utilization rate" 
    means the
ratio of Medicaid obstetrical inpatient days to 
    total Medicaid inpatient
days for all Illinois hospitals 
    receiving Medicaid payments from the
Illinois Department.

    (i) Inpatient adjustment payment limit.  In order to meet 
the limits
of Public Law 102-234 and Public Law 103-66, the

Illinois Department shall by rule adjust
disproportionate 
share adjustment payments.

    (j) University of Illinois Hospital inpatient adjustment 
payments.  For
hospitals organized under the University of 
Illinois Hospital Act, there shall
be an adjustment payment as 
determined by rules adopted by the Illinois
Department.

    (k) The Illinois Department may by rule establish criteria 
for and develop
methodologies for adjustment payments to 
hospitals participating under this
Article.

    (l) On and after July 1, 2012, the Department shall reduce 
any rate of reimbursement for services or other payments or 
alter any methodologies authorized by this Code to reduce any 
rate of reimbursement for services or other payments in 
accordance with Section 5-5e. 
(Source: P.A. 96-31, eff. 6-30-09; 97-689, eff. 6-14-12.)

 
    Section 11-30. The Personnel Code is amended  by changing 
Section 4d as follows:
 



    (20 ILCS 415/4d)  (from Ch. 127, par. 63b104d)



    Sec. 4d. Partial exemptions. The following positions in 
State service are
exempt from jurisdictions A, B, and C to the 
extent stated for each, unless
those jurisdictions are extended 
as provided in this Act:

        (1) In each department, board or commission that now 
    maintains or may
hereafter maintain a major administrative 
    division, service or office in
both Sangamon County and 
    Cook County, 2 private secretaries for the
director or 
    chairman thereof, one located in the Cook County office and 
    the
other located in the Sangamon County office, shall be 
    exempt from
jurisdiction B; in all other departments, 
    boards and commissions one
private secretary for the 
    director or chairman thereof shall be exempt from

    jurisdiction B. In all departments, boards and commissions 
    one confidential
assistant for the director or chairman 
    thereof shall be exempt from
jurisdiction B. This paragraph 
    is subject to such modifications or waiver
of the 
    exemptions as may be necessary to assure the continuity of 
    federal
contributions in those agencies supported in whole 
    or in part by federal
funds.

        (2) The resident administrative head of each State 
    charitable, penal and
correctional institution, the 
    chaplains thereof, and all member, patient
and inmate 
    employees are exempt from jurisdiction B.

        (3) The Civil Service Commission, upon written 
    recommendation of the
Director of Central Management 
    Services, shall exempt
from jurisdiction B other positions

    which, in the judgment of the Commission, involve either 
    principal
administrative responsibility for the 
    determination of policy or principal
administrative 
    responsibility for the way in which policies are carried

    out, except positions in agencies which receive federal 
    funds if such
exemption is inconsistent with federal 
    requirements, and except positions
in agencies supported 
    in whole by federal funds.

        (4) All beauticians and teachers of beauty culture and 
    teachers of
barbering, and all positions heretofore paid 
    under Section 1.22 of "An Act
to standardize position 
    titles and salary rates", approved June 30, 1943,
as 
    amended, shall be exempt from jurisdiction B.

        (5) Licensed attorneys in positions as legal or 
    technical advisors, positions in the Department of Natural 
    Resources requiring incumbents
to be either a registered 
    professional engineer or to hold a bachelor's degree
in 
    engineering from a recognized college or university,

    licensed physicians in positions of medical administrator 
    or physician or
physician specialist (including 
    psychiatrists), and registered nurses (except
those 
    registered nurses employed by the Department of Public 
    Health), except
those in positions in agencies which 
    receive federal funds if such
exemption is inconsistent 
    with federal requirements and except those in
positions in 
    agencies supported in whole by federal funds, are exempt 
    from
jurisdiction B only to the extent that the 
    requirements of Section 8b.1,
8b.3 and 8b.5 of this Code 
    need not be met.

        (6) All positions established outside the geographical 
    limits of the
State of Illinois to which appointments of 
    other than Illinois citizens may
be made are exempt from 
    jurisdiction B.

        (7) Staff attorneys reporting directly to individual 
    Commissioners of
the Illinois Workers' Compensation


    Commission are exempt from jurisdiction B.

        (8) Twenty-one senior public service administrator 
    positions within the Department of Healthcare and Family 
    Services, as set forth in this paragraph (8), requiring the 
    specific knowledge of healthcare administration, 
    healthcare finance, healthcare data analytics, or 
    information technology described are exempt from 
    jurisdiction B only to the extent that the requirements of 
    Sections 8b.1, 8b.3, and 8b.5 of this Code need not be met. 
    The General Assembly finds that these positions are all 
    senior policy makers and have spokesperson authority for 
    the Director of the Department of Healthcare and Family 
    Services. When filling positions so designated, the 
    Director of Healthcare and Family Services shall cause a 
    position description to be published which allots points to 
    various qualifications desired.  After scoring qualified 
    applications, the Director shall add Veteran's Preference 
    points as enumerated in Section 8b.7 of this Code. The 
    following are the minimum qualifications for the senior 
    public service administrator positions provided for in 
    this paragraph (8):
            (A) HEALTHCARE ADMINISTRATION.
                Medical Director: Licensed Medical Doctor in 
            good standing; experience in healthcare payment 
            systems, pay for performance initiatives, medical 
            necessity criteria or federal or State quality 
            improvement programs; preferred experience serving 
            Medicaid patients or experience in population 
            health programs with a large provider, health 
            insurer, government agency, or research 
            institution.
                Chief, Bureau of Quality Management:  Advanced 
            degree in health policy or health professional 
            field preferred; at least 3 years experience in 
            implementing or managing healthcare quality 
            improvement initiatives in a clinical setting.
                Quality Management Bureau:  Manager, Care 
            Coordination/Managed Care Quality:  Clinical degree 
            or advanced degree in relevant field required; 
            experience in the field of managed care quality 
            improvement, with knowledge of HEDIS measurements, 
            coding, and related data definitions.
                Quality Management Bureau:  Manager, Primary 
            Care Provider Quality and Practice Development:  
            Clinical degree or advanced degree in relevant 
            field required; experience in practice 
            administration in the primary care setting with a 
            provider or a provider association or an 
            accrediting body; knowledge of practice standards 
            for medical homes and best evidence based 
            standards of care for primary care.
                Director of Care Coordination Contracts and 
            Compliance:  Bachelor's degree required;  multi-year 
            experience in negotiating managed care contracts, 
            preferably on behalf of a payer; experience with 
            health care contract compliance.
                Manager, Long Term Care Policy:  Bachelor's 
            degree required; social work, gerontology, or 
            social service degree preferred; knowledge of 
            Olmstead and other relevant court decisions 
            required;  experience working with  diverse long 
            term care populations and service systems,  federal 
            initiatives to create long term care community 
            options, and home and community-based waiver 
            services required. The General Assembly finds that 
            this position is necessary for the timely and 
            effective implementation of this amendatory Act of 
            the 97th General Assembly. 
                Manager, Behavioral Health Programs:  Clinical 
            license or Advanced degree required, preferably in 
            psychology, social work, or relevant field; 
            knowledge of  medical necessity criteria and 
            governmental policies and regulations governing 
            the provision of mental health services to 
            Medicaid populations, including children and 
            adults, in community and institutional settings of 
            care. The General Assembly finds that this 
            position is necessary for the timely and effective 
            implementation of this amendatory Act of the 97th 
            General Assembly. 
                Manager, Office of Accountable Care Entity 
            Development Chief, Bureau of Maternal and Child 
            Health Promotion:  Bachelor's degree required, 
            clinical degree or advanced degree in relevant 
            field preferred; experience in developing 
            integrated delivery systems, including knowledge 
            of health homes and evidence-based standards of 
            care delivery advanced degree preferred, in public 
            health, health care management, or a clinical 
            field; multi-year experience in health care or 
            public health management; knowledge of federal ACO 
            or other similar delivery system EPSDT 
            requirements and strategies for improving health 
            care delivery for children as well as improving 
            birth outcomes.
                Manager of Federal Regulatory Compliance 
            Director of Dental Program:  Bachelor's degree 
            required, advanced degree preferred, in healthcare 
            management or relevant field; experience in 
            healthcare administration or Medicaid State Plan 
            amendments preferred; experience interpreting 
            federal rules; experience with either federal 
            health care agency or with a State agency in 
            working with federal regulations ; experience in 
            administering dental healthcare programs, 
            knowledge of practice standards for dental care 
            and treatment services; knowledge of the public 
            dental health infrastructure.
                Manager, Office of Medical Project Management: 
            Bachelor's degree required, project management 
            certification preferred; multi-year experience in 
            project management and developing business analyst 
            skills; leadership skills to manage multiple and 
            complex projects. 
                Manager of Medicare/Medicaid Coordination:  
            Bachelor's degree required, knowledge and 
            experience with Medicare Advantage rules and 
            regulations, knowledge of Medicaid laws and 
            policies; experience with contract drafting 
            preferred.
                Chief, Bureau of Eligibility Integrity: 
            Bachelor's degree required, advanced degree in 
            public administration or business administration 
            preferred; experience equivalent to 4 years of 
            administration in a public or business 
            organization required; experience with managing 
            contract compliance required; knowledge of 
            Medicaid eligibility laws and policy preferred; 
            supervisory experience preferred. The General 
            Assembly finds that this position is necessary for 
            the timely and effective implementation of this 
            amendatory Act of the 97th General Assembly. 
            (B) HEALTHCARE FINANCE.
                Director of Care Coordination Rate and 
            Finance: MBA, CPA, or Actuarial degree required; 
            experience in managed care rate setting, 
            including, but not limited to, baseline costs and 
            growth trends; knowledge and experience with 
            Medical Loss Ratio standards and measurements.
                Director of Encounter Data Program: Bachelor's 
            degree required, advanced degree preferred, 
            preferably in health care, business, or 
            information systems; at least 2 years healthcare 
            or other similar data reporting experience, 
            including, but not limited to, data definitions, 
            submission, and editing; strong background in 
            HIPAA transactions relevant to encounter data 
            submission; experience with large provider, health 
            insurer, government agency, or research 
            institution or other knowledge of healthcare 
            claims systems.
                Chief, Bureau of Rate Development and 
            Analysis: Bachelor's degree required, advanced 
            degree preferred, with preferred coursework in 
            business or public administration, accounting, 
            finance, data analysis, or statistics; experience 
            with Medicaid reimbursement methodologies and 
            regulations; experience with extracting data from 
            large systems for analysis.
                Manager of Medical Finance, Division of 
            Finance:  Requires relevant advanced degree or 
            certification in relevant field, such as Certified 
            Public Accountant; coursework in business or 
            public administration, accounting, finance, data 
            analysis, or statistics preferred; experience in 
            control systems and GAAP; financial management 
            experience in a healthcare or government entity 
            utilizing Medicaid funding.
            (C) HEALTHCARE DATA ANALYTICS.
                Data Quality Assurance Manager: Bachelor's 
            degree required, advanced degree preferred, 
            preferably in business, information systems, or 
            epidemiology; at least 3 years of extensive 
            healthcare data reporting experience with a large 
            provider, health insurer, government agency, or 
            research institution; previous data quality 
            assurance role or formal data quality assurance 
            training.
                Data Analytics Unit Manager:  Bachelor's degree 
            required, advanced degree preferred, in 
            information systems, applied mathematics, or 
            another field with a strong analytics component; 
            extensive healthcare data reporting experience 
            with a large provider, health insurer, government 
            agency, or research institution; experience as a 
            business analyst interfacing between business and 
            information technology departments; in-depth 
            knowledge of health insurance coding and evolving 
            healthcare quality metrics; working knowledge of 
            SQL and/or SAS.
                Data Analytics Platform Manager: Bachelor's 
            degree required, advanced degree preferred, 
            preferably in business or information systems; 
            extensive healthcare data reporting experience 
            with a large provider, health insurer, government 
            agency, or research institution; previous 
            experience working on a health insurance data 
            analytics platform; experience managing contracts 
            and vendors preferred.
            (D) HEALTHCARE INFORMATION TECHNOLOGY.
                Manager of MMIS Claims Unit: Bachelor's degree 
            required, with preferred coursework in business, 
            public administration, information systems; 
            experience equivalent to 4 years of administration  
            in a public or business organization; working 
            knowledge with design and implementation of 
            technical solutions to medical claims payment 
            systems; extensive technical writing experience, 
            including, but not limited to, the development of 
            RFPs, APDs, feasibility studies, and related 
            documents; thorough knowledge of IT system design, 
            commercial off the shelf software packages and 
            hardware components.
                Assistant Bureau Chief, Office of Information 
            Systems:  Bachelor's degree required, with 
            preferred coursework in business, public 
            administration, information systems;  experience 
            equivalent to 5 years of administration in a public 
            or private business organization; extensive 
            technical writing experience, including, but not 
            limited to, the development of RFPs, APDs, 
            feasibility studies and related documents; 
            extensive healthcare technology experience with a 
            large provider, health insurer, government agency, 
            or research institution; experience as a business 
            analyst interfacing between business and 
            information technology departments; thorough 
            knowledge of IT system design, commercial off the 
            shelf software packages and hardware components.
                Technical System Architect:  Bachelor's degree 
            required, with preferred coursework in computer 
            science or information technology; prior 
            experience equivalent to 5 years of computer 
            science or IT administration in a public or 
            business organization; extensive healthcare 
            technology experience with a large provider, 
            health insurer, government agency, or research 
            institution; experience as a business analyst 
            interfacing between business and information 
            technology departments.
    The provisions of this paragraph (8), other than this 
    sentence, are inoperative after January 1, 2014. 
(Source: P.A. 97-649, eff. 12-30-11; 97-689, eff. 6-14-12.)

 
    Section 11-35. The Illinois Public Aid Code is amended  by 
changing Section 5-5.2 as follows:
 



    (305 ILCS 5/5-5.2)  (from Ch. 23, par. 5-5.2)



    Sec. 5-5.2. Payment. 

    (a) All nursing facilities that are grouped pursuant to 
Section
5-5.1 of this Act shall receive the same rate of 
payment for similar
services.

    (b) It shall be a matter of State policy that the Illinois 
Department
shall utilize a uniform billing cycle throughout the 
State for the
long-term care providers.

    (c) Notwithstanding any other provisions of this Code, the 
methodologies for reimbursement of nursing services as 
provided under this Article shall no longer be applicable for 
bills payable for nursing services rendered on or after a new 
reimbursement system based on the Resource Utilization Groups 
(RUGs) has been fully operationalized, which shall take effect 
for services provided on or after January 1, 2014. 
    (d) The new nursing services reimbursement methodology 
utilizing RUG-IV 48 grouper model, which shall be referred to 
as the RUGs reimbursement system, taking effect January 1, 
2014, shall be based on the following: A new nursing services 
reimbursement methodology utilizing RUGs IV 48 grouper model 
shall be established and may include an Illinois-specific 
default group, as needed.   
        (1)   The methodology The new RUGs-based nursing 
    services reimbursement methodology shall be 
    resident-driven, facility-specific, and cost-based.   
        (2) Costs shall be annually rebased and case mix index 
    quarterly updated. The nursing services methodology will 
    be assigned to the Medicaid enrolled residents on record as 
    of 30 days prior to the beginning of the rate period in the 
    Department's Medicaid Management Information System (MMIS) 
    as present on the last day of the second quarter preceding 
    the rate period.  
        (3)   Regional The methodology shall include regional 
    wage adjustors based on the Health Service Areas (HSA) 
    groupings and adjusters in effect on April 30, 2012 shall 
    be included.  
        (4)   Case The Department shall assign a case mix index 
    shall be assigned to each resident class based on the 
    Centers for Medicare and Medicaid Services staff time 
    measurement study in effect on July 1, 2013, utilizing an 
    index maximization approach.
        (5)   The pool of funds available for distribution by 
    case mix and the base facility rate shall be determined 
    using the formula contained in subsection (d-1). 
    (d-1)   Calculation of base year Statewide RUG-IV nursing 
base per diem rate. 
        (1)  Base rate spending pool shall be: 
            (A)   The base year resident days which are 
        calculated by multiplying the number of Medicaid 
        residents in each nursing home as indicated in the MDS 
        data defined in paragraph (4) by 365.
            (B)   Each facility's nursing component per diem in 
        effect on July 1, 2012 shall be multiplied by 
        subsection (A).
            (C)   Thirteen million is added to the product of 
        subparagraph (A) and subparagraph (B) to adjust for the 
        exclusion of nursing homes defined in paragraph (5). 
        (2)  For each nursing home with Medicaid residents as 
    indicated by the MDS data defined in paragraph (4), 
    weighted days adjusted for case mix and regional wage 
    adjustment shall be calculated.  For each home this 
    calculation is the product of:
            (A)   Base year resident days as calculated in 
        subparagraph (A) of paragraph (1).
            (B)   The nursing home's regional wage adjustor 
        based on the Health Service Areas (HSA) groupings and 
        adjustors in effect on April 30, 2012.
            (C)   Facility weighted case mix which is the number 
        of Medicaid residents as indicated by the MDS data 
        defined in paragraph (4) multiplied by the associated 
        case weight for the RUG-IV 48 grouper model using 
        standard RUG-IV procedures for index maximization.
            (D)   The sum of the products calculated for each 
        nursing home in subparagraphs (A) through (C) above 
        shall be the base year case mix, rate adjusted weighted 
        days.
        (3)  The Statewide RUG-IV nursing base per diem rate on 
    January 1, 2014 shall be the quotient of the paragraph (1) 
    divided by  the sum calculated under subparagraph (D) of 
    paragraph (2).
        (4)  Minimum Data Set (MDS) comprehensive assessments 
    for Medicaid residents on the last day of the quarter used 
    to establish the base rate.
        (5)  Nursing facilities designated as of July 1, 2012 by 
    the Department as "Institutions for Mental Disease" shall 
    be excluded from all calculations under this subsection.  
    The data from these facilities shall not be used in the 
    computations described in paragraphs (1) through (4) above  
    to establish the base rate. 
    (e) Notwithstanding any other provision of this Code, the 
Department shall by rule develop a  reimbursement methodology 
reflective of  the intensity of care and services requirements 
of low need residents in the lowest RUG IV groupers and 
corresponding regulations. Only that portion of the RUGs 
Reimbursement System spending pool described in subsection 
(d-1) attributed to the groupers as of July 1, 2013 for which 
the methodology in this Section is developed may be diverted 
for this purpose. The Department shall submit the rules no 
later than January 1, 2014 for an implementation date no later 
than January 1, 2015. If the Department does not implement this 
reimbursement methodology by the required date, the nursing 
component per diem on January 1, 2015 for residents classified 
in RUG-IV groups PA1, PA2, BA1, and BA2 shall be the blended 
rate of the calculated RUG-IV nursing component per diem and 
the nursing component per diem in effect on July 1, 2012. This 
blended rate shall be applied only to nursing homes whose 
resident population is greater than or equal to 70% of the 
total residents served and whose RUG-IV nursing component per 
diem rate is less than the nursing component per diem in effect 
on July 1, 2012. This blended rate shall be in effect until the 
reimbursement methodology is implemented or until July 1, 2019, 
whichever is sooner. 
    (e-1)   Notwithstanding any other provision of this Article, 
rates established pursuant to this subsection shall not apply 
to any and all nursing facilities designated by the Department 
as "Institutions for Mental Disease" and shall be excluded from 
the RUGs Reimbursement System applicable to facilities not 
designated as "Institutions for the Mentally Diseased" by the 
Department.
    (e-2) For dates of services beginning January 1, 2014, the 
RUG-IV nursing component per diem for a nursing home shall be 
the product of the statewide RUG-IV nursing base per diem rate, 
the facility average case mix index, and the regional wage 
adjustor.   Transition rates for services provided between 
January 1, 2014 and December 31, 2014 shall be as follows:
        (1)   The transition RUG-IV per diem nursing rate for 
    nursing homes whose rate calculated in this subsection 
    (e-2) is greater than the nursing component rate in effect 
    July 1, 2012 shall be paid the sum of:
            (A)   The nursing component rate in effect July 1, 
        2012; plus
            (B)   The difference of the RUG-IV nursing component 
        per diem calculated for the current quarter minus the 
        nursing component rate in effect July 1, 2012 
        multiplied by 0.88.
        (2)   The transition RUG-IV per diem nursing rate for 
    nursing homes whose rate calculated in this subsection 
    (e-2) is less than the nursing component rate in effect 
    July 1, 2012 shall be paid the sum of:
            (A)   The nursing component rate in effect July 1, 
        2012; plus
            (B)   The difference of the RUG-IV nursing component 
        per diem calculated for the current quarter minus the 
        nursing component rate in effect July 1, 2012 
        multiplied by 0.13. 
    (f)  Notwithstanding any other provision of this Code, on 
and after July 1, 2012, reimbursement rates associated with the 
nursing or support components of the current nursing facility 
rate methodology shall not increase beyond the level effective 
May 1, 2011 until a new reimbursement system based on the RUGs 
IV 48 grouper model has been fully operationalized.
    (g) Notwithstanding any other provision of this Code, on 
and after July 1, 2012, for facilities not designated by the 
Department of Healthcare and Family Services as "Institutions 
for Mental Disease", rates effective May 1, 2011 shall be 
adjusted as follows:
        (1) Individual nursing rates for residents classified 
    in RUG IV groups PA1, PA2, BA1, and BA2 during the quarter 
    ending March 31, 2012 shall be reduced by 10%;
        (2) Individual nursing rates for residents classified 
    in all other RUG IV groups shall be reduced by 1.0%;
        (3) Facility rates for the capital and support 
    components shall be reduced by 1.7%.
    (h) Notwithstanding any other provision of this Code, on 
and after July 1, 2012,  nursing facilities designated by the 
Department of Healthcare and Family Services as "Institutions 
for Mental Disease" and "Institutions for Mental Disease" that 
are facilities licensed under the Specialized Mental Health 
Rehabilitation Act shall have the nursing, 
socio-developmental, capital, and support components of their 
reimbursement rate effective May 1, 2011 reduced in total by 
2.7%.
(Source: P.A. 96-1530, eff. 2-16-11; 97-689, eff. 6-14-12.)

 
    Section 11-40. The Mental Health and Developmental 
Disabilities Code is amended  by adding Section 6-104.3 as 
follows:
 
    (405 ILCS 5/6-104.3 new)
    Sec. 6-104.3. Comparable programs for the services 
contained
in the Specialized Mental Health Rehabilitation Act 
of 2013. The Division of Mental Health of the Department of 
Human
Services shall oversee the creation of comparable 
programs for
the services contained in the Specialized Mental 
Health
Rehabilitation Act of 2013 for community-based 
providers to
provide the following services:
        (1) triage center;
        (2) crisis stabilization; and
        (3) transitional living. 
    These comparable programs shall operate under the

regulations that may currently exist for such programs, or, if

no such regulations are in existence, regulations shall be

created. The comparable programs shall be provided through a

managed care entity, a coordinated care entity, or an

accountable care entity. The Department shall work in concert

with any managed care entity, care coordination entity, or

accountable care entity to gather the data necessary to report

and monitor the progress of the services offered under this

Section. The services to be provided under this Section shall

be subject to a specific appropriation of the General Assembly

for the specific purposes of this Section. 
    The Department shall adopt any emergency rules necessary to

implement this Section. 
 
    Section 11-45. The Illinois Public Aid Code is amended  by 
adding Section 5-5.4h as follows:
 
    (305 ILCS 5/5-5.4h new)
    Sec. 5-5.4h. Medicaid reimbursement for pediatric skilled 
nursing facilities.
    (a) Facilities uniquely licensed as pediatric skilled 
nursing facilities that serve severely and chronically ill 
pediatric patients shall have a specific reimbursement system 
designed to recognize the characteristics and needs of the 
patients they serve. 
    (b) For dates of services starting July 1, 2013 and until a 
new reimbursement system is designed, pediatric skilled 
nursing facilities that meet the following criteria: 
        (1) serve exceptional care patients; and 
        (2) have 30% or more of their patients receiving 
    ventilator care;
shall receive Medicaid reimbursement on a 30-day expedited 
schedule. 
 
ARTICLE 12.

 
    Section 12-1. Short title. This Article 12 may be referred 
to as the Resident First Act.
 
    Section 12-5. Purpose.  The purpose of this Article is to 
reprioritize the State's oversight of nursing homes to focus on 
the needs of the residents first.  As unfunded mandates have 
increased, the State also reduced or eliminated its financial 
support for services nursing home residents need.  In doing so, 
the State turned its back on frail elderly citizens for whom 
nursing home care is not a luxury but a necessity.
 
    Section 12-10. Findings. The General Assembly finds the 
following:
        (1) The needs of residents must always take precedence.

        (2) Medicaid eligibility delays adversely impact 
    quality.

        (3) Payment delays further compound quality-of-care 
    issues.

        (4) Nursing homes are viable members of our 
    communities.
        (5)
When a nursing home closes, residents lose touch 
    with their families, jobs are lost, and the local economy 
    suffers.
        (6) Increasing the number of State employees dedicated 
    to Medicaid long term care determinations and updating the 
    State's out-of-date data processing systems would 
    positively impact the excessive eligibility determination 
    delays experienced by nursing home residents.
 
    Section 12-15. The Nursing Home Care Act is amended  by 
changing Sections 2-202, 3-212, 3-301, and 3-305 as follows:
 



    (210 ILCS 45/2-202)  (from Ch. 111 1/2, par. 4152-202)



    Sec. 2-202. (a) Before a person is admitted to a facility, 
or at the
expiration of the period of previous contract, or 
when the source of
payment for the resident's care changes from 
private to public funds or
from public to private funds, a 
written contract shall be executed between
a licensee and the 
following in order of priority:


        (1) the person, or if the person is a minor, his parent 
    or guardian; or


        (2) the person's guardian, if any, or agent, if any, as 
    defined in
Section 2-3 of the Illinois Power of Attorney 
    Act; or


        (3) a member of the person's immediate family.

    An adult person shall be presumed to have the capacity to 
contract for
admission to a long term care facility unless he 
has been adjudicated a
"disabled person" within the meaning of 
Section 11a-2 of the  Probate Act
of 1975, or unless a petition 
for such an adjudication is pending in a
circuit court of 
Illinois.

    If there is no guardian, agent or member of the person's 
immediate family
available, able or willing to execute the 
contract required by this Section
and a physician determines 
that a person is so disabled as to be unable
to consent to 
placement in a facility, or if a person has already been found

to be a "disabled person", but no order has been entered 
allowing residential
placement of the person, that person may 
be admitted to a facility before
the execution of a contract 
required by this Section; provided that a petition
for 
guardianship or for modification of guardianship is filed 
within 15
days of the person's admission to a facility, and 
provided further that
such a contract is executed within 10 
days of the disposition of the petition.

    No adult shall be admitted to a facility if he objects, 
orally or in writing,
to such admission, except as otherwise 
provided in Chapters III
and IV of the Mental Health and 
Developmental Disabilities Code or Section
11a-14.1 of the  
Probate Act of 1975.

    If a person has not executed a contract as required by this 
Section, then
such a contract shall be executed on or before 
July 1, 1981, or within 10
days after the disposition of a 
petition for guardianship or modification
of guardianship that 
was filed prior to July 1, 1981, whichever is later.

    Before a licensee enters a contract under this Section, it 
shall
provide the prospective resident and his or her guardian, 
if any, with written
notice of the licensee's policy regarding 
discharge of a resident whose
private funds for payment of care 
are exhausted.

    Before a licensee enters into a contract under this 
Section, it shall provide the resident or prospective resident 
and his or her guardian, if any, with a copy of the licensee's 
policy regarding the assignment of Social Security 
representative payee status as a condition of the contract when 
the resident's or prospective resident's care is being funded 
under Title XIX of the Social Security Act and Article V of the 
Illinois Public Aid Code. 
    (b) A resident shall not be discharged or transferred at 
the expiration
of the term of a contract, except as provided in 
Sections 3-401 through
3-423.

    (c) At the time of the resident's admission to the 
facility, a copy of
the contract shall be given to the 
resident, his guardian, if any, and any
other person who 
executed the contract.

    (d) A copy of the contract for a resident who is supported 
by
nonpublic funds other than the resident's own funds shall be 
made
available to the person providing the funds for the 
resident's support.

    (e) The original or a copy of the contract shall be 
maintained in the
facility and be made available upon request 
to representatives of the
Department and the Department of 
Healthcare and Family Services.

    (f) The contract shall be written in clear and unambiguous 
language
and shall be printed in not less than 12-point type.  
The general form
of the contract shall be prescribed by the 
Department.

    (g) The contract shall specify:


        (1) the term of the contract;


        (2) the services to be provided under the contract and 
    the charges
for the services;


        (3) the services that may be provided to supplement the 
    contract and
the charges for the services;


        (4) the sources liable for payments due under the 
    contract;


        (5) the amount of deposit paid; and


        (6) the rights, duties and obligations of the resident, 
    except that
the specification of a resident's rights may be 
    furnished on a separate
document which complies with the 
    requirements of Section 2-211.

    (h) The contract shall designate the name of the resident's

representative, if any.  The resident shall provide the facility 
with a copy
of the written agreement between the resident and 
the resident's representative
which authorizes the resident's 
representative to inspect and copy the
resident's records and 
authorizes the resident's representative to execute
the 
contract on behalf of the resident required by this Section.

    (i) The contract shall provide that if the resident is

compelled by a change in physical or mental health to leave the

facility, the contract and all obligations under it shall 
terminate on 7
days notice.  No prior notice of termination of 
the contract shall be
required, however, in the case of a 
resident's death.  The contract shall also provide
that in all 
other situations, a
resident may terminate the contract and all 
obligations under it with 30
days notice. All charges shall be 
prorated as of the date on which the
contract terminates, and, 
if any payments have been made in advance, the
excess shall be 
refunded to the resident. This provision shall not apply
to 
life-care contracts through which a facility agrees to provide

maintenance and care for a resident throughout the remainder of 
his life
nor to continuing-care contracts through which a 
facility agrees to
supplement all available forms of financial 
support in providing
maintenance and care for a resident 
throughout the remainder of his life.

    (j) In addition to all other contract specifications 
contained in this
Section admission contracts shall also 
specify:


        (1) whether the facility accepts Medicaid clients;


        (2) whether the facility requires a deposit of the 
    resident or his
family prior to the establishment of 
    Medicaid eligibility;


        (3) in the event that a deposit is required, a clear 
    and concise
statement of the procedure to be followed for 
    the return of such deposit to
the resident or the 
    appropriate family member or guardian of the person;


        (4) that all deposits made to a facility by a resident, 
    or on behalf of
a resident, shall be returned by the 
    facility within 30 days of the
establishment of Medicaid 
    eligibility, unless such deposits must be drawn
upon or 
    encumbered in accordance with Medicaid eligibility 
    requirements
established by the Department of Healthcare 
    and Family Services.

    (k) It shall be a business offense for a facility to 
knowingly and
intentionally both retain a resident's deposit 
and accept Medicaid
payments on behalf of that resident.

(Source: P.A. 95-331, eff. 8-21-07.)

 



    (210 ILCS 45/3-212)  (from Ch. 111 1/2, par. 4153-212)



    Sec. 3-212. Inspection. 

    (a) The Department, whenever it deems necessary in

accordance with subsection (b), shall inspect, survey and 
evaluate every
facility to determine compliance with 
applicable licensure requirements and
standards. Submission of 
a facility's current Consumer Choice Information Report 
required by Section 2-214 shall be verified at time of 
inspection.  An inspection should occur within 120 days prior
to 
license renewal.  The Department may periodically visit a 
facility for the
purpose of consultation.  An inspection, 
survey, or evaluation, other than
an inspection of financial 
records, shall be conducted without prior notice
to the 
facility.  A visit for the sole purpose of consultation may be

announced.
The Department shall provide training to surveyors 
about the appropriate
assessment, care planning, and care of 
persons with mental illness (other than
Alzheimer's disease or 
related disorders) to enable its surveyors to
determine whether 
a facility is complying with State and federal requirements

about the assessment, care planning, and care of those persons.

    (a-1) An employee of a State or unit of local government 
agency
charged with inspecting, surveying, and evaluating 
facilities who directly
or indirectly gives prior notice of an 
inspection, survey, or evaluation,
other than an inspection of 
financial records, to a facility or to an
employee of a 
facility is guilty of a Class A misdemeanor.

    An inspector or an employee of the Department who 
intentionally prenotifies
a facility,
orally or in writing, of 
a pending complaint investigation or inspection shall
be guilty 
of a Class A misdemeanor.
Superiors of persons who have 
prenotified a facility shall be subject to the
same penalties, 
if they have knowingly allowed the prenotification.  A person

found guilty of prenotifying a facility shall be subject to 
disciplinary action
by his or her employer.

    If the Department has a good faith belief, based upon 
information that comes
to its attention, that a violation of 
this subsection has occurred, it must
file a complaint with the 
Attorney General or the State's Attorney in the
county where 
the violation
took place within 30 days after discovery of the 
information.

    (a-2) An employee of a State or unit of local government 
agency charged with
inspecting, surveying, or evaluating 
facilities who willfully profits from
violating the 
confidentiality of the inspection, survey, or evaluation

process shall be guilty of a Class 4 felony and that conduct 
shall be deemed
unprofessional conduct that may subject a 
person to loss of his or her
professional license. An action to 
prosecute a person for violating this
subsection (a-2) may be 
brought by either the Attorney General or the State's
Attorney 
in the county where the violation took place.

    (b) In determining whether to make more than the required 
number of
unannounced inspections, surveys and evaluations of a 
facility the
Department shall consider one or more of the 
following: previous inspection
reports; the facility's history 
of compliance with standards, rules and
regulations 
promulgated under this Act and correction of violations,

penalties or other enforcement actions; the number and severity 
of
complaints received about the facility; any allegations of 
resident abuse
or neglect; weather conditions; health 
emergencies; other reasonable belief
that deficiencies exist.

    (b-1) The Department shall not be required to determine 
whether a
facility certified to participate in the Medicare 
program under Title XVIII of
the Social Security Act, or the 
Medicaid program under Title XIX of the Social
Security Act, 
and which the Department determines by inspection under this

Section or under Section 3-702 of this Act to be in compliance 
with the
certification requirements of Title XVIII or XIX, is 
in compliance with any
requirement of this Act that is less 
stringent than or duplicates a federal
certification 
requirement.  In accordance with subsection (a) of this Section

or subsection (d) of Section 3-702, the Department shall 
determine whether a
certified facility is in
compliance with 
requirements of this Act that exceed federal certification

requirements.  If a certified facility is found to be out of 
compliance with
federal certification requirements, the 
results of an inspection conducted
pursuant to Title XVIII or 
XIX of the Social Security Act may be used as the
basis for 
enforcement remedies authorized and commenced, with the 
Department's discretion to evaluate whether penalties are 
warranted, under this Act.
Enforcement of this Act against a 
certified facility shall be commenced
pursuant to the 
requirements of this Act, unless enforcement remedies sought

pursuant to Title XVIII or XIX of the Social Security Act 
exceed those
authorized by this Act.  As used in this 
subsection, "enforcement remedy"
means a sanction for 
violating a federal certification requirement or this
Act.

    (c) Upon completion of each inspection, survey and 
evaluation, the
appropriate Department personnel who conducted 
the inspection, survey or
evaluation shall submit a copy of 
their report to the licensee upon exiting
the facility, and 
shall submit the actual report to the appropriate
regional 
office of the Department.  Such report and any recommendations 
for
action by the Department under this Act shall be 
transmitted to the
appropriate offices of the associate 
director of the Department, together
with related comments or 
documentation provided by the licensee which may
refute 
findings in the report, which explain extenuating 
circumstances that
the facility could not reasonably have 
prevented, or which indicate methods
and timetables for 
correction of deficiencies described in the report.
Without 
affecting the application of subsection (a) of Section 3-303, 
any
documentation or comments of the licensee shall be provided 
within 10
days of receipt of the copy of the report.  Such 
report shall recommend to
the Director appropriate action under 
this Act with respect to findings
against a facility.  The 
Director shall then determine whether the report's
findings 
constitute a violation or violations of which the facility must 
be
given notice.  Such determination shall be based upon the 
severity of the
finding, the danger posed to resident health 
and safety, the comments and
documentation provided by the 
facility, the diligence and efforts to
correct deficiencies, 
correction of the reported deficiencies, the
frequency and 
duration of similar findings in previous reports and the

facility's general inspection history.  Violations shall be 
determined
under this subsection no later than 75 90 days after 
completion of each
inspection, survey and evaluation.

    (d) The Department shall maintain all inspection, survey 
and evaluation
reports for at least 5 years in a manner 
accessible to and understandable
by the public.

    (e) Revisit surveys. The Department shall conduct a revisit 
to its licensure and certification surveys, consistent with 
federal regulations and guidelines. 
    (f) Notwithstanding any other provision of this Act, the 
Department shall, no later than 180 days after the effective 
date of this amendatory Act of the 98th General Assembly, 
implement a single survey process that encompasses federal 
certification and State licensure requirements, health and 
life safety requirements, and an enhanced complaint 
investigation initiative.
        (1) To meet the requirement of a single survey process, 
    the portions of the health and life safety survey 
    associated with federal certification and State licensure 
    surveys must be started within 7 working days of each 
    other. Nothing in this paragraph (1) of subsection (f) of 
    this Section applies to a complaint investigation.
        (2) The enhanced complaint and incident report 
    investigation initiative shall permit the facility to 
    challenge the amount of the fine due to the excessive 
    length of the investigation which results in one or more of 
    the following conditions:
            (A) prohibits the timely development and 
        implementation of a plan of correction;
            (B) creates undue financial hardship impacting the 
        quality of care delivered to the resident;
            (C) delays initiation of corrective training; and
            (D) negatively impacts quality assurance and 
        patient improvement standards.
    This paragraph (2) does not apply to complaint 
    investigations exited within 14 working days or a situation 
    that triggers an extended survey.
(Source: P.A. 95-823, eff. 1-1-09; 96-1372, eff. 7-29-10.)

 



    (210 ILCS 45/3-301)  (from Ch. 111 1/2, par. 4153-301)



    Sec. 3-301. Determination of violation; notice; review

team. 
    (a) If after receiving the report specified in subsection 
(c)
of Section 3-212 the Director or his designee determines 
that a facility is
in violation of this Act or of any rule 
promulgated thereunder, he shall
serve a notice of violation 
upon the licensee within 10 days thereafter.
Each notice of 
violation shall be prepared in
writing and shall specify the 
nature of the violation, and the statutory
provision or rule 
alleged to have been violated.  The notice shall
inform the 
licensee of any action the Department may take under the Act,

including the requirement of a facility plan of correction 
under Section
3-303; placement of the facility on a list 
prepared under Section 3-304;
assessment of a penalty under 
Section 3-305;  a conditional license
under Sections 3-311 
through 3-317; or license suspension or revocation
under 
Section 3-119.  The Director or his designee shall
also inform 
the licensee of rights to a hearing under Section 3-703.

    (b) The Department shall perform an audit of all Type "AA" 
or Type "A" violations between January 1, 2014 and January 1, 
2015.  The purpose of the audit is to determine the consistency 
of assigning Type "AA" and Type "A" violations. The audit shall 
be completed and a report submitted to the Long Term Care 
Advisory Committee by April 1, 2015 for comment.  The report 
shall include recommendations for increasing the consistency 
of assignment of violations.  The Committee may offer additional 
recommendations to be incorporated into the report.  The final 
report shall be filed with the General Assembly by June 30, 
2015. 
(Source: P.A. 85-1378.)

 



    (210 ILCS 45/3-305)  (from Ch. 111 1/2, par. 4153-305)



    Sec. 3-305. 
The license of a facility which is in violation 
of this Act
or any rule adopted thereunder may be subject to 
the penalties or fines
levied by the Department as specified in 
this Section.

    (1) A licensee who commits a Type "AA" violation as defined 
in Section 1-128.5
 is automatically issued a conditional 
license for a period of 6 months
to coincide with an acceptable 
plan of correction and assessed a fine up to $25,000 per 
violation.

    (1.5) A licensee who commits a Type "A" violation as 
defined in Section 1-129 is automatically issued a conditional 
license for a period of 6 months to coincide with an acceptable 
plan of correction and assessed a fine of up to $12,500 per 
violation. 
    (2) A licensee who commits a Type "B" violation as defined 
in Section 1-130 shall be assessed a fine of up to $1,100 per 
violation.

    (2.5) A licensee who commits 10 or more Type "C" 
violations, as defined in Section 1-132, in a single survey 
shall be assessed a fine of up to $250 per violation. A 
licensee who commits one or more Type "C" violations with a 
high risk designation, as defined by rule, shall be assessed a 
fine of up to $500 per violation. 
    (3) A licensee who commits a Type "AA" or Type "A" 
violation as defined in Section 1-128.5 or
1-129 which 
continues beyond the time specified in paragraph (a) of Section

3-303 which is cited as a repeat violation shall have its 
license revoked
and shall be assessed a fine of 3 times the 
fine computed per resident per
day under subsection (1).

    (4) A licensee who fails to satisfactorily comply with an 
accepted
plan of correction for a Type "B" violation or an 
administrative warning
issued pursuant to Sections 3-401 
through 3-413 or the rules promulgated
thereunder shall be 
automatically issued a conditional license for a period
of not 
less than 6 months. A second or subsequent acceptable plan of

correction shall be filed. A fine shall be assessed in 
accordance with
subsection (2) when cited for the repeat 
violation. This fine shall be
computed for all days of the 
violation, including the duration of the first
plan of 
correction compliance time.

    (5) For the purpose of computing a penalty under 
subsections (2) through
(4), the number of residents per day 
shall be based on the average number
of residents in the 
facility during the 30 days preceding the discovery
of the 
violation.

    (6) When the Department finds that a provision of Article 
II has been
violated with regard to a particular resident, the 
Department shall issue
an order requiring the facility to 
reimburse the resident for injuries
incurred, or $100, 
whichever is greater. In the case of a violation
involving any 
action other than theft of money belonging to a resident,

reimbursement shall be ordered only if a provision of Article 
II has been
violated with regard to that or any other resident 
of the facility within
the 2 years immediately preceding the 
violation in question.

    (7) For purposes of assessing fines under this Section, a 
repeat
violation shall be a violation which has been cited 
during one inspection
of the facility for which an accepted 
plan of correction was not complied
with or a new citation of 
the same rule if the licensee is not substantially addressing 
the issue routinely
throughout the facility.

    (7.5) If an occurrence results in  more than one type of 
violation as defined in this Act (that is, a Type "AA", Type 
"A", Type "B", or Type "C" violation), the Department shall 
assess only one fine, which shall not exceed maximum fine that 
may be assessed for that occurrence  is the maximum fine that 
may be assessed for the most serious type of violation charged. 
For purposes of the preceding sentence, a Type "AA" violation 
is the most serious type of violation that may be charged, 
followed by a Type "A", Type "B", or Type "C" violation, in 
that order. 
    (8) The minimum and maximum fines that may be assessed 
pursuant to this Section shall be twice those otherwise 
specified for any facility that willfully makes a misstatement 
of fact to the Department, or willfully fails to make a 
required notification to the Department, if that misstatement 
or failure delays the start of a surveyor or impedes a survey.
    (9) High risk designation. If the Department finds that a 
facility has violated a provision of the Illinois 
Administrative Code  that has a high risk designation, or that a 
facility has violated the same provision of the Illinois 
Administrative  Code  3 or more times in the previous 12 months, 
the Department may assess a fine of up to 2 times the maximum 
fine otherwise  allowed.
    (10) If a licensee has paid a civil monetary penalty 
imposed pursuant to the Medicare and Medicaid Certification 
Program for the equivalent federal violation  giving rise to a 
fine under this Section, the Department shall offset the fine 
by the amount of the civil monetary penalty.  The offset may not 
reduce the fine by more than 75% of the original fine, however. 
(Source: P.A. 96-1372, eff. 7-29-10.)

 
    Section 12-20. The Illinois Public Aid Code is amended  by 
changing Section 5-5 and  by adding Section 11-5.4 as follows:
 
    (305 ILCS 5/5-5)  (from Ch. 23, par. 5-5)

    Sec. 5-5. Medical services.  The Illinois Department, by 
rule, shall
determine the quantity and quality of and the rate 
of reimbursement for the
medical assistance for which
payment 
will be authorized, and the medical services to be provided,

which may include all or part of the following: (1) inpatient 
hospital
services; (2) outpatient hospital services; (3) other 
laboratory and
X-ray services; (4) skilled nursing home 
services; (5) physicians'
services whether furnished in the 
office, the patient's home, a
hospital, a skilled nursing home, 
or elsewhere; (6) medical care, or any
other type of remedial 
care furnished by licensed practitioners; (7)
home health care 
services; (8) private duty nursing service; (9) clinic

services; (10) dental services, including prevention and 
treatment of periodontal disease and dental caries disease for 
pregnant women, provided by an individual licensed to practice 
dentistry or dental surgery; for purposes of this item (10), 
"dental services" means diagnostic, preventive, or corrective 
procedures provided by or under the supervision of a dentist in 
the practice of his or her profession; (11) physical therapy 
and related
services; (12) prescribed drugs, dentures, and 
prosthetic devices; and
eyeglasses prescribed by a physician 
skilled in the diseases of the eye,
or by an optometrist, 
whichever the person may select; (13) other
diagnostic, 
screening, preventive, and rehabilitative services, including 
to ensure that the individual's need for intervention or 
treatment of mental disorders or substance use disorders or 
co-occurring mental health and substance use disorders is 
determined using a uniform screening, assessment, and 
evaluation process inclusive of criteria, for children and 
adults; for purposes of this item (13), a uniform screening, 
assessment, and evaluation process refers to a process that 
includes an appropriate evaluation and, as warranted, a 
referral; "uniform" does not mean the use of a singular 
instrument, tool, or process that all must utilize; (14)

transportation and such other expenses as may be necessary; 
(15) medical
treatment of sexual assault survivors, as defined 
in
Section 1a of the Sexual Assault Survivors Emergency 
Treatment Act, for
injuries sustained as a result of the sexual 
assault, including
examinations and laboratory tests to 
discover evidence which may be used in
criminal proceedings 
arising from the sexual assault; (16) the
diagnosis and 
treatment of sickle cell anemia; and (17)
any other medical 
care, and any other type of remedial care recognized
under the 
laws of this State, but not including abortions, or induced

miscarriages or premature births, unless, in the opinion of a 
physician,
such procedures are necessary for the preservation 
of the life of the
woman seeking such treatment, or except an 
induced premature birth
intended to produce a live viable child 
and such procedure is necessary
for the health of the mother or 
her unborn child. The Illinois Department,
by rule, shall 
prohibit any physician from providing medical assistance
to 
anyone eligible therefor under this Code where such physician 
has been
found guilty of performing an abortion procedure in a 
wilful and wanton
manner upon a woman who was not pregnant at 
the time such abortion
procedure was performed. The term "any 
other type of remedial care" shall
include nursing care and 
nursing home service for persons who rely on
treatment by 
spiritual means alone through prayer for healing.


    Notwithstanding any other provision of this Section, a 
comprehensive
tobacco use cessation program that includes 
purchasing prescription drugs or
prescription medical devices 
approved by the Food and Drug Administration shall
be covered 
under the medical assistance
program under this Article for 
persons who are otherwise eligible for
assistance under this 
Article.


    Notwithstanding any other provision of this Code, the 
Illinois
Department may not require, as a condition of payment 
for any laboratory
test authorized under this Article, that a 
physician's handwritten signature
appear on the laboratory 
test order form.  The Illinois Department may,
however, impose 
other appropriate requirements regarding laboratory test
order 
documentation.


    On and after July 1, 2012, the Department of Healthcare and 
Family Services may provide the following services to
persons

eligible for assistance under this Article who are 
participating in
education, training or employment programs 
operated by the Department of Human
Services as successor to 
the Department of Public Aid:

        (1) dental services provided by or under the 
    supervision of a dentist; and


        (2) eyeglasses prescribed by a physician skilled in the 
    diseases of the
eye, or by an optometrist, whichever the 
    person may select.


    Notwithstanding any other provision of this Code and 
subject to federal approval, the Department may adopt rules to 
allow a dentist who is volunteering his or her service at no 
cost to render dental services through an enrolled 
not-for-profit health clinic without the dentist personally 
enrolling as a participating provider in the medical assistance 
program.  A not-for-profit health clinic shall include a public 
health clinic or Federally Qualified Health Center or other 
enrolled provider, as determined by the Department, through 
which dental services covered under this Section are performed.  
The Department shall establish a process for payment of claims 
for reimbursement for covered dental services rendered under 
this provision. 
    The Illinois Department, by rule, may distinguish and 
classify the
medical services to be provided only in accordance 
with the classes of
persons designated in Section 5-2.


    The Department of Healthcare and Family Services must 
provide coverage and reimbursement for amino acid-based 
elemental formulas, regardless of delivery method, for the 
diagnosis and treatment of (i) eosinophilic disorders and (ii) 
short bowel syndrome when the prescribing physician has issued 
a written order stating that the amino acid-based elemental 
formula is medically necessary.

    The Illinois Department shall authorize the provision of, 
and shall
authorize payment for, screening by low-dose 
mammography for the presence of
occult breast cancer for women 
35 years of age or older who are eligible
for medical 
assistance under this Article, as follows:
        (A) A baseline
mammogram for women 35 to 39 years of 
    age.

        (B) An annual mammogram for women 40 years of age or 
    older.
        (C) A mammogram at the age and intervals considered 
    medically necessary by the woman's health care provider for 
    women under 40 years of age and having a family history of 
    breast cancer, prior personal history of breast cancer, 
    positive genetic testing, or other risk factors.
        (D) A comprehensive ultrasound screening of an entire 
    breast or breasts if a mammogram demonstrates 
    heterogeneous or dense breast tissue, when medically 
    necessary as determined by a physician licensed to practice 
    medicine in all of its branches.  
    All screenings
shall
include a physical breast exam, 
instruction on self-examination and
information regarding the 
frequency of self-examination and its value as a
preventative 
tool.  For purposes of this Section, "low-dose mammography" 
means
the x-ray examination of the breast using equipment 
dedicated specifically
for mammography, including the x-ray 
tube, filter, compression device,
and image receptor, with an 
average radiation exposure delivery
of less than one rad per 
breast for 2 views of an average size breast.
The term also 
includes digital mammography.

    On and after January 1, 2012, providers participating in a 
quality improvement program approved by the Department shall be 
reimbursed for screening and diagnostic mammography at the same 
rate as the Medicare program's rates, including the increased 
reimbursement for digital mammography.
    The Department shall convene an expert panel including 
representatives of hospitals, free-standing mammography 
facilities, and doctors, including radiologists, to establish 
quality standards.
    Subject to federal approval, the Department shall 
establish a rate methodology for mammography at federally 
qualified health centers and other encounter-rate clinics.  
These clinics or centers may also collaborate with other 
hospital-based mammography facilities.
    The Department shall establish a methodology to remind 
women who are age-appropriate for screening mammography, but 
who have not received a mammogram within the previous 18 
months, of the importance and benefit of screening mammography.
    The Department shall establish a performance goal for 
primary care providers with respect to their female patients 
over age 40 receiving an annual mammogram.  This performance 
goal shall be used to provide additional reimbursement in the 
form of a quality performance bonus to primary care providers 
who meet that goal.
    The Department shall devise a means of case-managing or 
patient navigation for beneficiaries diagnosed with breast 
cancer.  This program shall initially operate as a pilot program 
in areas of the State with the highest incidence of mortality 
related to breast cancer.  At least one pilot program site shall 
be in the metropolitan Chicago area and at least one site shall 
be outside the metropolitan Chicago area.  An evaluation of the 
pilot program shall be carried out measuring health outcomes 
and cost of care for those served by the pilot program compared 
to similarly situated patients who are not served by the pilot 
program. 
    Any medical or health care provider shall immediately 
recommend, to
any pregnant woman who is being provided prenatal 
services and is suspected
of drug abuse or is addicted as 
defined in the Alcoholism and Other Drug Abuse
and Dependency 
Act, referral to a local substance abuse treatment provider

licensed by the Department of Human Services or to a licensed

hospital which provides substance abuse treatment services.  
The Department of Healthcare and Family Services

shall assure 
coverage for the cost of treatment of the drug abuse or

addiction for pregnant recipients in accordance with the 
Illinois Medicaid
Program in conjunction with the Department of 
Human Services.


    All medical providers providing medical assistance to 
pregnant women
under this Code shall receive information from 
the Department on the
availability of services under the Drug 
Free Families with a Future or any
comparable program providing 
case management services for addicted women,
including 
information on appropriate referrals for other social services

that may be needed by addicted women in addition to treatment 
for addiction.


    The Illinois Department, in cooperation with the 
Departments of Human
Services (as successor to the Department 
of Alcoholism and Substance
Abuse) and Public Health, through a 
public awareness campaign, may
provide information concerning 
treatment for alcoholism and drug abuse and
addiction, prenatal 
health care, and other pertinent programs directed at
reducing 
the number of drug-affected infants born to recipients of 
medical
assistance.


    Neither the Department of Healthcare and Family Services 
nor the Department of Human
Services shall sanction the 
recipient solely on the basis of
her substance abuse.


    The Illinois Department shall establish such regulations 
governing
the dispensing of health services under this Article 
as it shall deem
appropriate.  The Department
should
seek the 
advice of formal professional advisory committees appointed by

the Director of the Illinois Department for the purpose of 
providing regular
advice on policy and administrative matters, 
information dissemination and
educational activities for 
medical and health care providers, and
consistency in 
procedures to the Illinois Department.


    The Illinois Department may develop and contract with 
Partnerships of
medical providers to arrange medical services 
for persons eligible under
Section 5-2 of this Code.  
Implementation of this Section may be by
demonstration projects 
in certain geographic areas.  The Partnership shall
be 
represented by a sponsor organization.  The Department, by rule, 
shall
develop qualifications for sponsors of Partnerships.  
Nothing in this
Section shall be construed to require that the 
sponsor organization be a
medical organization.


    The sponsor must negotiate formal written contracts with 
medical
providers for physician services, inpatient and 
outpatient hospital care,
home health services, treatment for 
alcoholism and substance abuse, and
other services determined 
necessary by the Illinois Department by rule for
delivery by 
Partnerships.  Physician services must include prenatal and

obstetrical care.  The Illinois Department shall reimburse 
medical services
delivered by Partnership providers to clients 
in target areas according to
provisions of this Article and the 
Illinois Health Finance Reform Act,
except that:


        (1) Physicians participating in a Partnership and 
    providing certain
services, which shall be determined by 
    the Illinois Department, to persons
in areas covered by the 
    Partnership may receive an additional surcharge
for such 
    services.


        (2) The Department may elect to consider and negotiate 
    financial
incentives to encourage the development of 
    Partnerships and the efficient
delivery of medical care.


        (3) Persons receiving medical services through 
    Partnerships may receive
medical and case management 
    services above the level usually offered
through the 
    medical assistance program.


    Medical providers shall be required to meet certain 
qualifications to
participate in Partnerships to ensure the 
delivery of high quality medical
services.  These 
qualifications shall be determined by rule of the Illinois

Department and may be higher than qualifications for 
participation in the
medical assistance program.  Partnership 
sponsors may prescribe reasonable
additional qualifications 
for participation by medical providers, only with
the prior 
written approval of the Illinois Department.


    Nothing in this Section shall limit the free choice of 
practitioners,
hospitals, and other providers of medical 
services by clients.
In order to ensure patient freedom of 
choice, the Illinois Department shall
immediately promulgate 
all rules and take all other necessary actions so that
provided 
services may be accessed from therapeutically certified 
optometrists
to the full extent of the Illinois Optometric 
Practice Act of 1987 without
discriminating between service 
providers.


    The Department shall apply for a waiver from the United 
States Health
Care Financing Administration to allow for the 
implementation of
Partnerships under this Section.


    The Illinois Department shall require health care 
providers to maintain
records that document the medical care 
and services provided to recipients
of Medical Assistance under 
this Article.  Such records must be retained for a period of not 
less than 6 years from the date of service or as provided by 
applicable State law, whichever period is longer, except that 
if an audit is initiated within the required retention period 
then the records must be retained until the audit is completed 
and every exception is resolved. The Illinois Department shall

require health care providers to make available, when 
authorized by the
patient, in writing, the medical records in a 
timely fashion to other
health care providers who are treating 
or serving persons eligible for
Medical Assistance under this 
Article.  All dispensers of medical services
shall be required 
to maintain and retain business and professional records

sufficient to fully and accurately document the nature, scope, 
details and
receipt of the health care provided to persons 
eligible for medical
assistance under this Code, in accordance 
with regulations promulgated by
the Illinois Department.  The 
rules and regulations shall require that proof
of the receipt 
of prescription drugs, dentures, prosthetic devices and

eyeglasses by eligible persons under this Section accompany 
each claim
for reimbursement submitted by the dispenser of such 
medical services.
No such claims for reimbursement shall be 
approved for payment by the Illinois
Department without such 
proof of receipt, unless the Illinois Department
shall have put 
into effect and shall be operating a system of post-payment

audit and review which shall, on a sampling basis, be deemed 
adequate by
the Illinois Department to assure that such drugs, 
dentures, prosthetic
devices and eyeglasses for which payment 
is being made are actually being
received by eligible 
recipients. Within 90 days after the effective date of
this 
amendatory Act of 1984, the Illinois Department shall establish 
a
current list of acquisition costs for all prosthetic devices 
and any
other items recognized as medical equipment and 
supplies reimbursable under
this Article and shall update such 
list on a quarterly basis, except that
the acquisition costs of 
all prescription drugs shall be updated no
less frequently than 
every 30 days as required by Section 5-5.12.


    The rules and regulations of the Illinois Department shall 
require
that a written statement including the required opinion 
of a physician
shall accompany any claim for reimbursement for 
abortions, or induced
miscarriages or premature births.  This 
statement shall indicate what
procedures were used in providing 
such medical services.


    Notwithstanding any other law to the contrary, the Illinois 
Department shall, within 365 days after the effective date of 
this amendatory Act of the 98th General Assembly, establish 
procedures to permit skilled care facilities licensed under the 
Nursing Home Care Act to submit monthly billing claims for 
reimbursement purposes.  Following development of these 
procedures, the Department shall have an additional 365 days to 
test the viability of the new system and to ensure that any 
necessary operational or structural changes to its information 
technology platforms are implemented. 
    The Illinois Department shall require all dispensers of 
medical
services, other than an individual practitioner or 
group of practitioners,
desiring to participate in the Medical 
Assistance program
established under this Article to disclose 
all financial, beneficial,
ownership, equity, surety or other 
interests in any and all firms,
corporations, partnerships, 
associations, business enterprises, joint
ventures, agencies, 
institutions or other legal entities providing any
form of 
health care services in this State under this Article.


    The Illinois Department may require that all dispensers of 
medical
services desiring to participate in the medical 
assistance program
established under this Article disclose, 
under such terms and conditions as
the Illinois Department may 
by rule establish, all inquiries from clients
and attorneys 
regarding medical bills paid by the Illinois Department, which

inquiries could indicate potential existence of claims or liens 
for the
Illinois Department.


    Enrollment of a vendor
shall be
subject to a provisional 
period and shall be conditional for one year. During the period 
of conditional enrollment, the Department may
terminate the 
vendor's eligibility to participate in, or may disenroll the 
vendor from, the medical assistance
program without cause.  
Unless otherwise specified, such termination of eligibility or 
disenrollment is not subject to the
Department's hearing 
process.
However, a disenrolled vendor may reapply without 
penalty. 

    The Department has the discretion to limit the conditional 
enrollment period for vendors based upon category of risk of 
the vendor.
    Prior to enrollment and during the conditional enrollment 
period in the medical assistance program, all vendors shall be 
subject to enhanced oversight, screening, and review based on 
the risk of fraud, waste, and abuse that is posed by the 
category of risk of the vendor.  The Illinois Department shall 
establish the procedures for oversight, screening, and review, 
which may include, but need not be limited to: criminal and 
financial background checks; fingerprinting; license, 
certification, and authorization verifications;  unscheduled or 
unannounced site visits; database checks; prepayment audit 
reviews; audits; payment caps; payment suspensions; and other 
screening as required by federal or State law.
    The Department shall define or specify the following: (i) 
by provider notice, the "category of risk of the vendor" for 
each type of vendor, which shall take into account the level of 
screening applicable to a particular category of vendor under 
federal law and regulations; (ii) by rule or provider notice, 
the maximum length of the conditional enrollment period for 
each category of risk of the vendor; and (iii) by rule, the 
hearing rights, if any, afforded to a vendor in each category 
of risk of the vendor that is terminated or disenrolled during 
the conditional enrollment period. 
    To be eligible for payment consideration, a vendor's 
payment claim or bill, either as an initial claim or as a 
resubmitted claim following prior rejection, must be received 
by the Illinois Department, or its fiscal intermediary, no 
later than 180 days after the latest date on the claim on which 
medical goods or services were provided, with the following 
exceptions:
        (1) In the case of a provider whose enrollment is in 
    process by the Illinois Department, the 180-day period 
    shall not begin until the date on the written notice from 
    the Illinois Department that the provider enrollment is 
    complete.
        (2) In the case of errors attributable to the Illinois 
    Department or any of its claims processing intermediaries 
    which result in an inability to receive, process, or 
    adjudicate a claim, the 180-day period shall not begin 
    until the provider has been notified of the error.
        (3) In the case of a provider for whom the Illinois 
    Department initiates the monthly billing process.
    For claims for services rendered during a period for which 
a recipient received retroactive eligibility, claims must be 
filed within 180 days after the Department determines the 
applicant is eligible. For claims for which the Illinois 
Department is not the primary payer, claims must be submitted 
to the Illinois Department within 180 days after the final 
adjudication by the primary payer.
    In the case of long term care facilities, admission 
documents shall be submitted within 30 days of an admission to 
the facility through the Medical Electronic Data Interchange 
(MEDI) or the Recipient Eligibility Verification (REV) System, 
or shall be submitted directly to the Department of Human 
Services using required admission forms. Confirmation numbers 
assigned to an accepted transaction shall be retained by a 
facility to verify timely submittal.  Once an admission 
transaction has been completed, all resubmitted claims 
following prior rejection are subject to receipt no later than 
180 days after the admission transaction has been completed.
    Claims that are not submitted and received in compliance 
with the foregoing requirements shall not be eligible for 
payment under the medical assistance program, and the State 
shall have no liability for payment of those claims.
    To the extent consistent with applicable information and 
privacy, security, and disclosure laws, State and federal 
agencies and departments shall provide the Illinois Department 
access to confidential and other information and data necessary 
to perform eligibility and payment verifications and other 
Illinois Department functions. This includes, but is not 
limited to: information pertaining to licensure; 
certification; earnings; immigration status; citizenship; wage 
reporting; unearned and earned income; pension income; 
employment; supplemental security income; social security 
numbers; National Provider Identifier (NPI) numbers; the 
National Practitioner Data Bank (NPDB); program and agency 
exclusions; taxpayer identification numbers; tax delinquency; 
corporate information; and death records.
    The Illinois Department shall enter into agreements with 
State agencies and departments, and is authorized to enter into 
agreements with federal agencies and departments, under which 
such agencies and departments shall share data necessary for 
medical assistance program integrity functions and oversight. 
The Illinois Department shall develop, in cooperation with 
other State departments and agencies, and in compliance with 
applicable federal laws and regulations, appropriate and 
effective methods to share such data. At a minimum, and to the 
extent necessary to provide data sharing, the Illinois 
Department shall enter into agreements with State agencies and 
departments, and is authorized to enter into agreements with 
federal agencies and departments, including but not limited to: 
the Secretary of State; the Department of Revenue; the 
Department of Public Health; the Department of Human Services; 
and the Department of Financial and Professional Regulation.
    Beginning in fiscal year 2013, the Illinois Department 
shall set forth a request for information to identify the 
benefits of a pre-payment, post-adjudication, and post-edit 
claims system with the goals of streamlining claims processing 
and provider reimbursement, reducing the number of pending or 
rejected claims, and helping to ensure a more transparent 
adjudication process through the utilization of: (i) provider 
data verification and provider screening technology; and (ii) 
clinical code editing; and (iii) pre-pay, pre- or 
post-adjudicated predictive modeling with an integrated case 
management system with link analysis.  Such a request for 
information shall not be considered as a request for proposal 
or as an obligation on the part of the Illinois Department to 
take any action or acquire any products or services. 
    The Illinois Department shall establish policies, 
procedures,
standards and criteria by rule for the acquisition, 
repair and replacement
of orthotic and prosthetic devices and 
durable medical equipment.  Such
rules shall provide, but not be 
limited to, the following services:  (1)
immediate repair or 
replacement of such devices by recipients; and (2) rental, 
lease, purchase or lease-purchase of
durable medical equipment 
in a cost-effective manner, taking into
consideration the 
recipient's medical prognosis, the extent of the
recipient's 
needs, and the requirements and costs for maintaining such

equipment.  Subject to prior approval, such rules shall enable a 
recipient to temporarily acquire and
use alternative or 
substitute devices or equipment pending repairs or

replacements of any device or equipment previously authorized 
for such
recipient by the Department.

    The Department shall execute, relative to the nursing home 
prescreening
project, written inter-agency agreements with the 
Department of Human
Services and the Department on Aging, to 
effect the following: (i) intake
procedures and common 
eligibility criteria for those persons who are receiving

non-institutional services; and (ii) the establishment and 
development of
non-institutional services in areas of the State 
where they are not currently
available or are undeveloped; and 
(iii) notwithstanding any other provision of law, subject to 
federal approval, on and after July 1, 2012, an increase in the 
determination of need (DON) scores from 29 to 37 for applicants 
for institutional and home and community-based long term care; 
if and only if federal approval is not granted, the Department 
may, in conjunction with other affected agencies, implement 
utilization controls or changes in benefit packages to 
effectuate a similar savings amount for this population; and 
(iv) no later than July 1, 2013, minimum level of care 
eligibility criteria for institutional and home and 
community-based long term care.  In order to select the minimum 
level of care eligibility criteria, the Governor shall 
establish a workgroup that includes affected agency 
representatives and stakeholders representing the 
institutional and home and community-based long term care 
interests. This Section shall not restrict the Department from 
implementing lower level of care eligibility criteria for 
community-based services in circumstances where federal 
approval has been granted.


    The Illinois Department shall develop and operate, in 
cooperation
with other State Departments and agencies and in 
compliance with
applicable federal laws and regulations, 
appropriate and effective
systems of health care evaluation and 
programs for monitoring of
utilization of health care services 
and facilities, as it affects
persons eligible for medical 
assistance under this Code.


    The Illinois Department shall report annually to the 
General Assembly,
no later than the second Friday in April of 
1979 and each year
thereafter, in regard to:


        (a) actual statistics and trends in utilization of 
    medical services by
public aid recipients;


        (b) actual statistics and trends in the provision of 
    the various medical
services by medical vendors;


        (c) current rate structures and proposed changes in 
    those rate structures
for the various medical vendors; and


        (d) efforts at utilization review and control by the 
    Illinois Department.


    The period covered by each report shall be the 3 years 
ending on the June
30 prior to the report.  The report shall 
include suggested legislation
for consideration by the General 
Assembly.  The filing of one copy of the
report with  the 
Speaker, one copy with the Minority Leader and one copy
with 
the Clerk of the House of Representatives, one copy with the 
President,
one copy with the Minority Leader and one copy with 
the Secretary of the
Senate, one copy with the Legislative 
Research Unit, and such additional
copies
with the State 
Government Report Distribution Center for the General
Assembly 
as is required under paragraph (t) of Section 7 of the State

Library Act shall be deemed sufficient to comply with this 
Section.


    Rulemaking authority to implement Public Act 95-1045, if 
any, is conditioned on the rules being adopted in accordance 
with all provisions of the Illinois Administrative Procedure 
Act and all rules and procedures of the Joint Committee on 
Administrative Rules; any purported rule not so adopted, for 
whatever reason, is unauthorized. 
    On and after July 1, 2012, the Department shall reduce any 
rate of reimbursement for services or other payments or alter 
any methodologies authorized by this Code to reduce any rate of 
reimbursement for services or other payments in accordance with 
Section 5-5e. 
(Source: P.A. 96-156, eff. 1-1-10; 96-806, eff. 7-1-10; 96-926, 
eff. 1-1-11; 96-1000, eff. 7-2-10; 97-48, eff. 6-28-11; 97-638, 
eff. 1-1-12; 97-689, eff. 6-14-12; 97-1061, eff. 8-24-12; 
revised 9-20-12.)
 
    (305 ILCS 5/11-5.4 new)
    Sec. 11-5.4. Expedited long-term care eligibility 
determination and enrollment.
    (a) An expedited long-term care eligibility determination 
and enrollment system shall be established to reduce long-term 
care determinations to 90 days or fewer by July 1, 2014 and 
streamline the long-term care enrollment process.  
Establishment of the system shall be a joint venture of the 
Department of Human Services and Healthcare and Family Services 
and the Department on Aging.  The Governor shall name a lead 
agency no later than 30 days after the effective date of this 
amendatory Act of the 98th General Assembly to assume 
responsibility for the full implementation of the 
establishment and maintenance of the system.  Project outcomes 
shall include an enhanced eligibility determination tracking 
system accessible to providers and a centralized application 
review and eligibility determination with all applicants 
reviewed within 90 days of receipt by the State of a complete 
application.  If the Department of Healthcare and Family 
Services' Office of the Inspector General determines that there 
is a likelihood that a non-allowable transfer of assets has 
occurred, and the facility in which the applicant resides is 
notified, an extension of up to 90 days shall be permissible.  
On or before December 31, 2015, a streamlined application and 
enrollment process shall be put in place based on the following 
principles: 
        (1) Minimize the burden on applicants by collecting 
    only the data necessary to determine eligibility for 
    medical services, long-term care services, and spousal 
    impoverishment offset. 
        (2) Integrate online data sources to simplify the 
    application process by reducing the amount of information 
    needed to be entered and to expedite eligibility 
    verification. 
        (3) Provide online prompts to alert the applicant that 
    information is missing or not complete. 
    (b) The Department shall, on or before July 1, 2014, assess 
the feasibility of incorporating all information needed to 
determine eligibility for long-term care services, including 
asset transfer and spousal impoverishment financials, into the 
State's integrated eligibility system identifying all 
resources needed and reasonable timeframes for achieving the 
specified integration. 
    (c) The lead agency shall file interim reports with the 
Chairs and Minority Spokespersons of the House and Senate Human 
Services Committees no later than September 1, 2013 and on 
February 1, 2014. The Department of Healthcare and Family 
Services shall include in the annual Medicaid report for State 
Fiscal Year 2014 and every fiscal year thereafter information 
concerning implementation of the provisions of this Section. 
    (d) No later than August 1, 2014, the Auditor General shall 
report to the General Assembly concerning the extent to which 
the timeframes specified in this Section have been met and the 
extent to which State staffing levels are adequate to meet the 
requirements of this Section. 
 
ARTICLE 99.

 
    Section 99-5. The Illinois Administrative Procedure Act is 
amended by changing Section 5-45 as follows:
 
    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
    Sec. 5-45. Emergency rulemaking. 
    (a) "Emergency" means the existence of any situation that 
any agency
finds reasonably constitutes a threat to the public 
interest, safety, or
welfare.
    (b) If any agency finds that an
emergency exists that 
requires adoption of a rule upon fewer days than
is required by 
Section 5-40 and states in writing its reasons for that

finding, the agency may adopt an emergency rule without prior 
notice or
hearing upon filing a notice of emergency rulemaking 
with the Secretary of
State under Section 5-70.  The notice 
shall include the text of the
emergency rule and shall be 
published in the Illinois Register.  Consent
orders or other 
court orders adopting settlements negotiated by an agency
may 
be adopted under this Section.  Subject to applicable 
constitutional or
statutory provisions, an emergency rule 
becomes effective immediately upon
filing under Section 5-65 or 
at a stated date less than 10  days
thereafter.  The agency's 
finding and a statement of the specific reasons
for the finding 
shall be filed with the rule.  The agency shall take
reasonable 
and appropriate measures to make emergency rules known to the

persons who may be affected by them.
    (c) An emergency rule may be effective for a period of not 
longer than
150 days, but the agency's authority to adopt an 
identical rule under Section
5-40 is not precluded.  No 
emergency rule may be adopted more
than once in any 24 month 
period, except that this limitation on the number
of emergency 
rules that may be adopted in a 24 month period does not apply

to (i) emergency rules that make additions to and deletions 
from the Drug
Manual under Section 5-5.16 of the Illinois 
Public Aid Code or the
generic drug formulary under Section 
3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) 
emergency rules adopted by the Pollution Control
Board before 
July 1, 1997 to implement portions of the Livestock Management

Facilities Act, (iii) emergency rules adopted by the Illinois 
Department of Public Health under subsections (a) through (i) 
of Section 2 of the Department of Public Health Act when 
necessary to protect the public's health, (iv) emergency rules 
adopted pursuant to subsection (n) of this Section, (v) 
emergency rules adopted pursuant to subsection (o) of this 
Section, or (vi) emergency rules adopted pursuant to subsection 
(c-5) of this Section.  Two or more emergency rules having 
substantially the same
purpose and effect shall be deemed to be 
a single rule for purposes of this
Section.
    (c-5) To facilitate the maintenance of   the  program of group 
health benefits provided to annuitants, survivors, and retired 
employees under the State Employees Group Insurance Act of 
1971, rules to alter   the contributions to be paid by the State, 
annuitants, survivors, retired employees, or any combination 
of those entities,  for that program of group health benefits, 
shall be adopted as emergency rules. The adoption of those 
rules shall be considered an emergency  and necessary for the 
public interest, safety, and welfare. 
    (d) In order to provide for the expeditious and timely 
implementation
of the State's fiscal year 1999 budget, 
emergency rules to implement any
provision of Public Act 90-587 
or 90-588
or any other budget initiative for fiscal year 1999 
may be adopted in
accordance with this Section by the agency 
charged with administering that
provision or initiative, 
except that the 24-month limitation on the adoption
of 
emergency rules and the provisions of Sections 5-115 and 5-125 
do not apply
to rules adopted under this subsection (d).  The 
adoption of emergency rules
authorized by this subsection (d) 
shall be deemed to be necessary for the
public interest, 
safety, and welfare.
    (e) In order to provide for the expeditious and timely 
implementation
of the State's fiscal year 2000 budget, 
emergency rules to implement any
provision of this amendatory 
Act of the 91st General Assembly
or any other budget initiative 
for fiscal year 2000 may be adopted in
accordance with this 
Section by the agency charged with administering that
provision 
or initiative, except that the 24-month limitation on the 
adoption
of emergency rules and the provisions of Sections 
5-115 and 5-125 do not apply
to rules adopted under this 
subsection (e).  The adoption of emergency rules
authorized by 
this subsection (e) shall be deemed to be necessary for the

public interest, safety, and welfare.
    (f) In order to provide for the expeditious and timely 
implementation
of the State's fiscal year 2001 budget, 
emergency rules to implement any
provision of this amendatory 
Act of the 91st General Assembly
or any other budget initiative 
for fiscal year 2001 may be adopted in
accordance with this 
Section by the agency charged with administering that
provision 
or initiative, except that the 24-month limitation on the 
adoption
of emergency rules and the provisions of Sections 
5-115 and 5-125 do not apply
to rules adopted under this 
subsection (f).  The adoption of emergency rules
authorized by 
this subsection (f) shall be deemed to be necessary for the

public interest, safety, and welfare.
    (g) In order to provide for the expeditious and timely 
implementation
of the State's fiscal year 2002 budget, 
emergency rules to implement any
provision of this amendatory 
Act of the 92nd General Assembly
or any other budget initiative 
for fiscal year 2002 may be adopted in
accordance with this 
Section by the agency charged with administering that
provision 
or initiative, except that the 24-month limitation on the 
adoption
of emergency rules and the provisions of Sections 
5-115 and 5-125 do not apply
to rules adopted under this 
subsection (g).  The adoption of emergency rules
authorized by 
this subsection (g) shall be deemed to be necessary for the

public interest, safety, and welfare.
    (h) In order to provide for the expeditious and timely 
implementation
of the State's fiscal year 2003 budget, 
emergency rules to implement any
provision of this amendatory 
Act of the 92nd General Assembly
or any other budget initiative 
for fiscal year 2003 may be adopted in
accordance with this 
Section by the agency charged with administering that
provision 
or initiative, except that the 24-month limitation on the 
adoption
of emergency rules and the provisions of Sections 
5-115 and 5-125 do not apply
to rules adopted under this 
subsection (h).  The adoption of emergency rules
authorized by 
this subsection (h) shall be deemed to be necessary for the

public interest, safety, and welfare.
    (i) In order to provide for the expeditious and timely 
implementation
of the State's fiscal year 2004 budget, 
emergency rules to implement any
provision of this amendatory 
Act of the 93rd General Assembly
or any other budget initiative 
for fiscal year 2004 may be adopted in
accordance with this 
Section by the agency charged with administering that
provision 
or initiative, except that the 24-month limitation on the 
adoption
of emergency rules and the provisions of Sections 
5-115 and 5-125 do not apply
to rules adopted under this 
subsection (i).  The adoption of emergency rules
authorized by 
this subsection (i) shall be deemed to be necessary for the

public interest, safety, and welfare.
    (j) In order to provide for the expeditious and timely 
implementation of the provisions of the State's fiscal year 
2005 budget as provided under the Fiscal Year 2005 Budget 
Implementation (Human Services) Act, emergency rules to 
implement any provision of the Fiscal Year 2005 Budget 
Implementation (Human Services) Act may be adopted in 
accordance with this Section by the agency charged with 
administering that provision, except that the 24-month 
limitation on the adoption of emergency rules and the 
provisions of Sections 5-115 and 5-125 do not apply to rules 
adopted under this subsection (j).  The Department of Public Aid 
may also adopt rules under this subsection (j) necessary to 
administer the Illinois Public Aid Code and the Children's 
Health Insurance Program Act.  The adoption of emergency rules 
authorized by this subsection (j) shall be deemed to be 
necessary for the public interest, safety, and welfare.

    (k) In order to provide for the expeditious and timely 
implementation of the provisions of the State's fiscal year 
2006 budget, emergency rules to implement any provision of this 
amendatory Act of the 94th General Assembly or any other budget 
initiative for fiscal year 2006 may be adopted in accordance 
with this Section by the agency charged with administering that 
provision or initiative, except that the 24-month limitation on 
the adoption of emergency rules and the provisions of Sections 
5-115 and 5-125 do not apply to rules adopted under this 
subsection (k).  The Department of Healthcare and Family 
Services may also adopt rules under this subsection (k) 
necessary to administer the Illinois Public Aid Code, the 
Senior Citizens and Disabled Persons Property Tax Relief Act, 
the Senior Citizens and Disabled Persons Prescription Drug 
Discount Program Act (now the Illinois Prescription Drug 
Discount Program Act),  and the Children's Health Insurance 
Program Act.  The adoption of emergency rules authorized by this 
subsection (k) shall be deemed to be necessary for the public 
interest, safety, and welfare.

    (l) In order to provide for the expeditious and timely 
implementation of the provisions of the
State's fiscal year 
2007 budget, the Department of Healthcare and Family Services 
may adopt emergency rules during fiscal year 2007, including 
rules effective July 1, 2007, in
accordance with this 
subsection to the extent necessary to administer the 
Department's responsibilities with respect to amendments to 
the State plans and Illinois waivers approved by the federal 
Centers for Medicare and Medicaid Services necessitated by the 
requirements of Title XIX and Title XXI of the federal Social 
Security Act. The adoption of emergency rules
authorized by 
this subsection (l) shall  be deemed to be necessary for the 
public interest,
safety, and welfare.

    (m) In order to provide for the expeditious and timely 
implementation of the provisions of the
State's fiscal year 
2008 budget, the Department of Healthcare and Family Services 
may adopt emergency rules during fiscal year 2008, including 
rules effective July 1, 2008, in
accordance with this 
subsection to the extent necessary to administer the 
Department's responsibilities with respect to amendments to 
the State plans and Illinois waivers approved by the federal 
Centers for Medicare and Medicaid Services necessitated by the 
requirements of Title XIX and Title XXI of the federal Social 
Security Act. The adoption of emergency rules
authorized by 
this subsection (m) shall  be deemed to be necessary for the 
public interest,
safety, and welfare.

    (n) In order to provide for the expeditious and timely 
implementation of the provisions of  the State's fiscal year 
2010 budget, emergency rules to implement any provision of this 
amendatory Act of the 96th General Assembly or any other budget 
initiative authorized by the 96th General Assembly  for fiscal 
year 2010 may be adopted in accordance with this Section by the 
agency charged with administering that provision or 
initiative. The adoption of emergency rules authorized by this 
subsection (n) shall be deemed to be necessary for the public 
interest, safety, and welfare. The rulemaking authority 
granted in this subsection (n) shall apply only to rules 
promulgated during Fiscal Year 2010. 
    (o) In order to provide for the expeditious and timely 
implementation of the provisions of the State's fiscal year 
2011 budget, emergency rules to implement any provision of this 
amendatory Act of the 96th General Assembly or any other budget 
initiative authorized by the 96th General Assembly for fiscal 
year 2011 may be adopted in accordance with this Section by the 
agency charged with administering that provision or 
initiative. The adoption of emergency rules authorized by this 
subsection (o) is deemed to be necessary for the public 
interest, safety, and welfare. The rulemaking authority 
granted in this subsection (o) applies only to rules 
promulgated on or after the effective date of this amendatory 
Act of the 96th General Assembly through June 30, 2011. 
    (p)  In order to provide for the expeditious and timely 
implementation of the provisions of Public Act 97-689 this 
amendatory  Act of the 97th General Assembly, emergency rules to 
implement any provision of Public Act 97-689 this amendatory 
Act of the 97th General Assembly may be adopted in accordance 
with this subsection (p) by the agency charged with 
administering that provision or initiative.  The 150-day 
limitation of the effective period of emergency rules does not 
apply to rules adopted under this subsection (p), and the 
effective period may continue through June 30, 2013.  The 
24-month limitation on the adoption of emergency rules does not 
apply to rules adopted under this subsection (p). The adoption 
of emergency rules authorized by this subsection (p) is deemed 
to be necessary for the public interest, safety, and welfare.
    (q) In order to provide for the expeditious and timely 
implementation of the provisions of Articles 7, 8, 9, 11, and 
12 of this amendatory Act of the 98th General Assembly, 
emergency rules to implement any provision of Articles 7, 8, 9, 
11, and 12 of this amendatory Act of the 98th General Assembly 
may be adopted in accordance with this subsection (q) by the 
agency charged with administering that provision or 
initiative. The 24-month limitation on the adoption of 
emergency rules does not apply to rules adopted under this 
subsection (q). The adoption of emergency rules authorized by 
this subsection (q) is deemed to be necessary for the public 
interest, safety, and welfare. 
(Source: P.A. 96-45, eff. 7-15-09; 96-958, eff. 7-1-10; 
96-1500, eff. 1-18-11; 97-689, eff. 6-14-12; 97-695, eff. 
7-1-12; revised 7-10-12.)
 
    Section 99-10. Severability. If any provision of this Act 
or application thereof to any person or circumstance is held 
invalid, such invalidity does not affect other provisions or 
applications of this Act which can be given effect without the 
invalid application or provision, and to this end the 
provisions of this Act are declared to be severable.
 
    Section 99-95. No acceleration or delay. Where this Act 
makes changes in a statute that is represented in this Act by 
text that is not yet or no longer in effect (for example, a 
Section represented by multiple versions), the use of that text 
does not accelerate or delay the taking effect of (i) the 
changes made by this Act or (ii) provisions derived from any 
other Public Act.
 

    Section 99-99. Effective date. This Act takes effect upon 
becoming law.