Bill Text: IL HB0416 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Illinois Public Aid Code. Provides that on or after July 1, 2009, the Department of Healthcare and Family Services shall ensure that each facility licensed by the Department of Public Health under the Nursing Home Care Act as a skilled nursing facility or intermediate care facility, except those licensed for the express purpose of serving residents who are developmentally disabled or as long term care facilities for residents under 22 years of age, receives the next regular payment due for services provided by the facility to medical assistance recipients no later than 35 days after the effective date of the amendatory Act. Provides that every subsequent payment to such a facility must be made no later than 35 days after the date of the last preceding payment. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 6-3)

Status: (Passed) 2009-08-14 - Public Act . . . . . . . . . 96-0444 [HB0416 Detail]

Download: Illinois-2009-HB0416-Enrolled.html

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HB0416 Enrolled LRB096 03643 DRJ 13671 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 for a State
fiscal year shall be due and payable in quarterly installments,
each equalling one-fourth of the assessment for the year, on
September 30, December 31, March 31, and June 30 of the year.
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.
(b) The Illinois Department is authorized to establish
delayed payment schedules for long-term care providers that are
unable to make installment payments when due under this Section
due to financial difficulties, as determined by the Illinois
Department.

HB0416 Enrolled - 2 - LRB096 03643 DRJ 13671 b
(c) If a long-term care 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 5B-2 for the State fiscal year 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
month 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. Payment
cycles of longer than 60 days shall be one factor the Director
takes into account in granting a waiver under this Section.
(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.
(Source: P.A. 87-861; 88-88.)
Section 99. Effective date. This Act takes effect upon