Bill Text: IL HB0173 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
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1 | AN ACT concerning public aid.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Public Aid Code is amended by | ||||||
5 | changing Section 5B-4 as follows:
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6 | (305 ILCS 5/5B-4) (from Ch. 23, par. 5B-4)
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7 | Sec. 5B-4. Payment of assessment; penalty.
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8 | (a) The assessment imposed by Section 5B-2 shall be due and | ||||||
9 | payable monthly, on the last State business day of the month | ||||||
10 | for occupied bed days reported for the preceding third month | ||||||
11 | prior to the month in which the tax is payable and due , except | ||||||
12 | as described by the criteria in subsection (b) . A facility that | ||||||
13 | has delayed payment due to the State's failure to reimburse for | ||||||
14 | services rendered may request an extension on the due date for | ||||||
15 | payment pursuant to subsection (b) and shall pay the assessment | ||||||
16 | within 30 days of reimbursement by the Department.
The Illinois | ||||||
17 | Department may provide that county nursing homes directed and
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18 | maintained pursuant to Section 5-1005 of the Counties Code may | ||||||
19 | meet their
assessment obligation by certifying to the Illinois | ||||||
20 | Department that county
expenditures have been obligated for the | ||||||
21 | operation of the county nursing
home in an amount at least | ||||||
22 | equal to the amount of the assessment.
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23 | (a-5) The Illinois Department shall provide for an |
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1 | electronic submission process for each long-term care facility | ||||||
2 | to report at a minimum the number of occupied bed days of the | ||||||
3 | long-term care facility for the reporting period and other | ||||||
4 | reasonable information the Illinois Department requires for | ||||||
5 | the administration of its responsibilities under this Code. | ||||||
6 | Beginning July 1, 2013, a separate electronic submission shall | ||||||
7 | be completed for each long-term care facility in this State | ||||||
8 | operated by a long-term care provider. The Illinois Department | ||||||
9 | shall prepare an assessment bill stating the amount due and | ||||||
10 | payable each month and submit it to each long-term care | ||||||
11 | facility via an electronic process. Each assessment payment | ||||||
12 | shall be accompanied by a copy of the assessment bill sent to | ||||||
13 | the long-term care facility by the Illinois Department. To the | ||||||
14 | extent practicable, the Department shall coordinate the | ||||||
15 | assessment reporting requirements with other reporting | ||||||
16 | required of long-term care facilities. | ||||||
17 | (b) Delay of payment. | ||||||
18 | (1) Nonpayment delay. Payments of assessments shall be | ||||||
19 | automatically delayed for any month for which payment for | ||||||
20 | all Medicaid bed days has not been received by a facility | ||||||
21 | from the Department, a Medicaid managed care organization, | ||||||
22 | or any entity authorized by the Department to make payments | ||||||
23 | on its behalf until at least 30 days have elapsed since the | ||||||
24 | receipt of payment. The Department shall establish, by | ||||||
25 | rule, a process for the determination of delayed payment | ||||||
26 | dates that shall include, at a minimum, notice |
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1 | requirements, but shall not require the facility to apply | ||||||
2 | and be approved for a delay of payment due to nonpayment | ||||||
3 | nor shall any other criteria for the delay be imposed. | ||||||
4 | (2) Hardship deferral. The Illinois Department is | ||||||
5 | authorized to establish
delayed payment schedules for | ||||||
6 | long-term care providers that are
unable to make assessment | ||||||
7 | payments when due under this Section
due to financial | ||||||
8 | difficulties, based on criteria established as determined | ||||||
9 | by the Illinois
Department. The Illinois Department may not | ||||||
10 | deny a request for delay of payment of the assessment | ||||||
11 | imposed under this Article if the long-term care provider | ||||||
12 | has not been paid for services provided during the month on | ||||||
13 | which the assessment is levied.
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14 | (c) If a long-term care provider fails to pay the full
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15 | amount of an assessment payment when due (including any | ||||||
16 | extensions
granted under subsection (b)), there shall, unless | ||||||
17 | waived by the
Illinois Department for reasonable cause, be | ||||||
18 | added to the
assessment imposed by Section 5B-2 a
penalty | ||||||
19 | assessment equal to the lesser of (i) 5% of the amount of
the | ||||||
20 | assessment payment not paid on or before the due date plus 5% | ||||||
21 | of the
portion thereof remaining unpaid on the last day of each | ||||||
22 | month
thereafter or (ii) 100% of the assessment payment amount | ||||||
23 | not paid on or
before the due date. For purposes of this | ||||||
24 | subsection, payments
will be credited first to unpaid | ||||||
25 | assessment payment amounts (rather than
to penalty or | ||||||
26 | interest), beginning with the most delinquent assessment |
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1 | payments. Payment cycles of longer than 60 days shall be one | ||||||
2 | factor the Director takes into account in granting a waiver | ||||||
3 | under this Section.
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4 | (c-5) If a long-term care facility fails to file its | ||||||
5 | assessment bill with payment, there shall, unless waived by the | ||||||
6 | Illinois Department for reasonable cause, be added to the | ||||||
7 | assessment due a penalty assessment equal to 25% of the | ||||||
8 | assessment due. After July 1, 2013, no penalty shall be | ||||||
9 | assessed under this Section if the Illinois Department does not | ||||||
10 | provide a process for the electronic submission of the | ||||||
11 | information required by subsection (a-5). | ||||||
12 | (d) Nothing in this amendatory Act of 1993 shall be | ||||||
13 | construed to prevent
the Illinois Department from collecting | ||||||
14 | all amounts due under this Article
pursuant to an assessment | ||||||
15 | imposed before the effective date of this amendatory
Act of | ||||||
16 | 1993.
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17 | (e) Nothing in this amendatory Act of the 96th General | ||||||
18 | Assembly shall be construed to prevent
the Illinois Department | ||||||
19 | from collecting all amounts due under this Code
pursuant to an | ||||||
20 | assessment, tax, fee, or penalty imposed before the effective | ||||||
21 | date of this amendatory
Act of the 96th General Assembly. | ||||||
22 | (f) No installment of the assessment imposed by Section | ||||||
23 | 5B-2 shall be due and payable until after the Department | ||||||
24 | notifies the long-term care providers, in writing, that the | ||||||
25 | payment methodologies to long-term care providers required | ||||||
26 | under Section 5-5.4 of this Code have been approved by the |
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1 | Centers for Medicare and Medicaid Services of the U.S. | ||||||
2 | Department of Health and Human Services and the waivers under | ||||||
3 | 42 CFR 433.68 for the assessment imposed by this Section, if | ||||||
4 | necessary, have been granted by the Centers for Medicare and | ||||||
5 | Medicaid Services of the U.S. Department of Health and Human | ||||||
6 | Services. Upon notification to the Department of approval of | ||||||
7 | the payment methodologies required under Section 5-5.4 of this | ||||||
8 | Code and the waivers granted under 42 CFR 433.68, all | ||||||
9 | installments otherwise due under Section 5B-4 prior to the date | ||||||
10 | of notification shall be due and payable to the Department upon | ||||||
11 | written direction from the Department within 90 days after | ||||||
12 | issuance by the Comptroller of the payments required under | ||||||
13 | Section 5-5.4 of this Code. | ||||||
14 | (Source: P.A. 96-444, eff. 8-14-09; 96-1530, eff. 2-16-11; | ||||||
15 | 97-10, eff. 6-14-11; 97-403, eff. 1-1-12; 97-584, eff. 8-26-11; | ||||||
16 | 97-813, eff. 7-13-12.)
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17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.
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