Illinois General Assembly - Full Text of Public Act 097-0871
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Public Act 097-0871





Public Act 097-0871
SB3690 EnrolledLRB097 19413 JDS 64666 b

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

Effective Date: 07/30/2012