Bill Text: IL HB0173 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning construction of the Code.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2017-09-15 - Public Act . . . . . . . . . 100-0501 [HB0173 Detail]

Download: Illinois-2017-HB0173-Chaptered.html



Public Act 100-0501
HB0173 EnrolledLRB100 03844 KTG 13849 b
AN ACT concerning public aid.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
changing Section 5B-4 as follows:
(305 ILCS 5/5B-4) (from Ch. 23, par. 5B-4)
Sec. 5B-4. Payment of assessment; penalty.
(a) The assessment imposed by Section 5B-2 shall be due and
payable monthly, on the last State business day of the month
for occupied bed days reported for the preceding third month
prior to the month in which the tax is payable and due. A
facility that has delayed payment due to the State's failure to
reimburse for services rendered may request an extension on the
due date for payment pursuant to subsection (b) and shall pay
the assessment within 30 days of reimbursement by the
Department. The Illinois Department may provide that county
nursing homes directed and maintained pursuant to Section
5-1005 of the Counties Code may meet their assessment
obligation by certifying to the Illinois Department that county
expenditures have been obligated for the operation of the
county nursing home in an amount at least equal to the amount
of the assessment.
(a-5) The Illinois Department shall provide for an
electronic submission process for each long-term care facility
to report at a minimum the number of occupied bed days of the
long-term care facility for the reporting period and other
reasonable information the Illinois Department requires for
the administration of its responsibilities under this Code.
Beginning July 1, 2013, a separate electronic submission shall
be completed for each long-term care facility in this State
operated by a long-term care provider. The Illinois Department
shall prepare an assessment bill stating the amount due and
payable each month and submit it to each long-term care
facility via an electronic process. Each assessment payment
shall be accompanied by a copy of the assessment bill sent to
the long-term care facility by the Illinois Department. To the
extent practicable, the Department shall coordinate the
assessment reporting requirements with other reporting
required of long-term care facilities.
(b) The Illinois Department is authorized to establish
delayed payment schedules for long-term care providers that are
unable to make assessment payments when due under this Section
due to financial difficulties, as determined by the Illinois
Department. The Illinois Department may not deny a request for
delay of payment of the assessment imposed under this Article
if the long-term care provider has not been paid for services
provided during the month on which the assessment is levied or
the Medicaid managed care organization has not been paid by the
State.
(c) If a long-term care provider fails to pay the full
amount of an assessment payment 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 5B-2 a penalty
assessment equal to the lesser of (i) 5% of the amount of the
assessment payment not paid on or before the due date plus 5%
of the portion thereof remaining unpaid on the last day of each
month thereafter or (ii) 100% of the assessment payment amount
not paid on or before the due date. For purposes of this
subsection, payments will be credited first to unpaid
assessment payment amounts (rather than to penalty or
interest), beginning with the most delinquent assessment
payments. Payment cycles of longer than 60 days shall be one
factor the Director takes into account in granting a waiver
under this Section.
(c-5) If a long-term care facility fails to file its
assessment bill with payment, there shall, unless waived by the
Illinois Department for reasonable cause, be added to the
assessment due a penalty assessment equal to 25% of the
assessment due. After July 1, 2013, no penalty shall be
assessed under this Section if the Illinois Department does not
provide a process for the electronic submission of the
information required by subsection (a-5).
(d) Nothing in this amendatory Act of 1993 shall be
construed to prevent the Illinois Department from collecting
all amounts due under this Article pursuant to an assessment
imposed before the effective date of this amendatory Act of
1993.
(e) Nothing in this amendatory Act of the 96th General
Assembly shall be construed to prevent the Illinois Department
from collecting all amounts due under this Code pursuant to an
assessment, tax, fee, or penalty imposed before the effective
date of this amendatory Act of the 96th General Assembly.
(f) No installment of the assessment imposed by Section
5B-2 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 Section 5-5.4 of this Code 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 Section 5-5.4 of this
Code and the waivers granted under 42 CFR 433.68, all
installments otherwise due under Section 5B-4 prior to the date
of notification shall be due and payable to the Department upon
written direction from the Department within 90 days after
issuance by the Comptroller of the payments required under
Section 5-5.4 of this Code.
(Source: P.A. 96-444, eff. 8-14-09; 96-1530, eff. 2-16-11;
97-10, eff. 6-14-11; 97-403, eff. 1-1-12; 97-584, eff. 8-26-11;
97-813, eff. 7-13-12.)
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