Bill Text: IL HB1802 | 2009-2010 | 96th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Public Aid Code. Makes technical changes in a Section concerning long-term care provider assessments.

Spectrum: Bipartisan Bill

Status: (Passed) 2010-01-21 - Public Act . . . . . . . . . 96-0868 [HB1802 Detail]

Download: Illinois-2009-HB1802-Engrossed.html

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AN ACT concerning public aid.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing
Sections 18.4 and 18.5 as follows:
(20 ILCS 1705/18.4)
Sec. 18.4. Community Mental Health Medicaid Trust Fund;
reimbursement.
(a) The Community Mental Health Medicaid Trust Fund is
hereby created in the State Treasury.
(b) Amounts paid to the State during each State fiscal year
by the federal government under Title XIX or Title XXI of the
Social Security Act for services delivered by community mental
health providers, and any interest earned thereon, shall be
deposited 100% into the Community Mental Health Medicaid Trust
Fund. Not more than $4,500,000 of the Community Mental Health
Medicaid Trust Fund may be used by the Department of Human
Services' Division of Mental Health for oversight and
administration of community mental health services, and of that
amount no more than $1,000,000 may be used for the support of
community mental health service initiatives. The remainder
shall be used for the purchase of community mental health

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services. as follows:
(1) The first $75,000,000 shall be deposited directly
into the Community Mental Health Medicaid Trust Fund to be
used for the purchase of community mental health services;
(2) The next $4,500,000 shall be deposited directly
into the Community Mental Health Medicaid Trust Fund to be
used by the Department of Human Services' Division of
Mental Health for the oversight and administration of
community mental health services and up to $1,000,000 of
this amount may be used for support of community mental
health service initiatives;
(3) The next $3,500,000 shall be deposited directly
into the General Revenue Fund;
(4) Any additional amounts shall be deposited into the
Community Mental Health Medicaid Trust Fund to be used for
the purchase of community mental health services.
(b-5) Whenever a State mental health facility operated by
the Department is closed and the real estate on which the
facility is located is sold by the State, the net proceeds of
the sale of the real estate shall be deposited into the
Community Mental Health Medicaid Trust Fund.
(c) The Department shall reimburse community mental health
providers for services provided to eligible individuals.
Moneys in the Community Mental Health Medicaid Trust Fund may
be used for that purpose.
(c-5) The Community Mental Health Medicaid Trust Fund is

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not subject to administrative charge-backs.
(c-10) The Department of Human Services shall annually
report to the Governor and the General Assembly, by September
1, on both the total revenue deposited into the Trust Fund and
the total expenditures made from the Trust Fund for the
previous fiscal year. This report shall include detailed
descriptions of both revenues and expenditures regarding the
Trust Fund from the previous fiscal year. This report shall be
presented by the Secretary of Human Services to the appropriate
Appropriations Committee in the House of Representatives, as
determined by the Speaker of the House, and in the Senate, as
determined by the President of the Senate. This report shall be
made available to the public and shall be published on the
Department of Human Services' website in an appropriate
location, a minimum of one week prior to presentation of the
report to the General Assembly.
(d) As used in this Section:
"Trust Fund" means the Community Mental Health Medicaid
Trust Fund.
"Community mental health provider" means a community
agency that is funded by the Department to provide a service.
"Service" means a mental health service provided pursuant
to the provisions of administrative rules adopted by the
Department and funded by the Department of Human Services'
Division of Mental Health.
(Source: P.A. 95-707, eff. 1-11-08; 96-660, eff. 8-25-09.)

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(20 ILCS 1705/18.5)
Sec. 18.5. Community Developmental Disability Services
Medicaid Trust Fund; reimbursement.
(a) The Community Developmental Disability Services
Medicaid Trust Fund is hereby created in the State treasury.
(b) Except as provided in subsection (b-5), any funds in
excess of $16,700,000 in any fiscal year paid to the State by
the federal government under Title XIX or Title XXI of the
Social Security Act for services delivered by community
developmental disability services providers for services
relating to Developmental Training and Community Integrated
Living Arrangements as a result of the conversion of such
providers from a grant payment methodology to a fee-for-service
payment methodology, or any other funds paid to the State for
any subsequent revenue maximization initiatives performed by
such providers, and any interest earned thereon, shall be
deposited directly into the Community Developmental Disability
Services Medicaid Trust Fund. One-third of this amount shall be
used only to pay for Medicaid-reimbursed community
developmental disability services provided to eligible
individuals, and the remainder shall be transferred to the
General Revenue Fund.
(b-5) Beginning in State fiscal year 2008, any funds paid
to the State by the federal government under Title XIX or Title
XXI of the Social Security Act for services delivered through

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the Children's Residential Waiver and the Children's In-Home
Support Waiver shall be deposited directly into the Community
Developmental Disability Services Medicaid Trust Fund and
shall not be subject to the transfer provisions of subsection
(b).
(b-7) The Community Developmental Disability Services
Medicaid Trust Fund is not subject to administrative
charge-backs.
(b-9) The Department of Human Services shall annually
report to the Governor and the General Assembly, by September
1, on both the total revenue deposited into the Trust Fund and
the total expenditures made from the Trust Fund for the
previous fiscal year. This report shall include detailed
descriptions of both revenues and expenditures regarding the
Trust Fund from the previous fiscal year. This report shall be
presented by the Secretary of Human Services to the appropriate
Appropriations Committee in the House of Representatives, as
determined by the Speaker of the House, and in the Senate, as
determined by the President of the Senate. This report shall be
made available to the public and shall be published on the
Department of Human Services' website in an appropriate
location, a minimum of one week prior to presentation of the
report to the General Assembly.
(b-10) Whenever a State developmental disabilities
facility operated by the Department is closed and the real
estate on which the facility is located is sold by the State,

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the net proceeds of the sale of the real estate shall be
deposited into the Community Developmental Disability Services
Medicaid Trust Fund.
(c) For purposes of this Section:
"Trust Fund" means the Community Developmental Disability
Services Medicaid Trust Fund.
"Medicaid-reimbursed developmental disability services"
means services provided by a community developmental
disability provider under an agreement with the Department that
is eligible for reimbursement under the federal Title XIX
program or Title XXI program.
"Provider" means a qualified entity as defined in the
State's Home and Community-Based Services Waiver for Persons
with Developmental Disabilities that is funded by the
Department to provide a Medicaid-reimbursed service.
"Revenue maximization alternatives" do not include
increases in funds paid to the State as a result of growth in
spending through service expansion or rate increases.
(Source: P.A. 95-707, eff. 1-11-08; 96-660, eff. 8-25-09.)
Section 99. Effective date. This Act takes effect July 1,
2012.