Bill Text: IL HB3048 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Medical Assistance Article of the Illinois Public Aid Code. Removes ambulance and EMS agencies that are privately held from the definition of "qualifying ground ambulance service provider".
Spectrum: Bipartisan Bill
Status: (Introduced) 2023-05-19 - Rule 19(a) / Re-referred to Rules Committee [HB3048 Detail]
Download: Illinois-2023-HB3048-Introduced.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,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Public Aid Code is amended by | |||||||||||||||||||
5 | changing Section 5-5.7b as follows:
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6 | (305 ILCS 5/5-5.7b) | |||||||||||||||||||
7 | Sec. 5-5.7b. Pandemic related stability payments to | |||||||||||||||||||
8 | ambulance service providers in response to COVID-19. | |||||||||||||||||||
9 | (a) Definitions. As used in this Section: | |||||||||||||||||||
10 | "Ambulance Services Industry" means the industry that is | |||||||||||||||||||
11 | comprised of "Qualifying Ground Ambulance Service Providers", | |||||||||||||||||||
12 | as defined in this Section. | |||||||||||||||||||
13 | "Qualifying Ground Ambulance Service Provider" means a | |||||||||||||||||||
14 | "vehicle service provider," as that term is defined in Section | |||||||||||||||||||
15 | 3.85 of the Emergency Medical Services (EMS) Systems Act, | |||||||||||||||||||
16 | which operates licensed ambulances for the purpose of | |||||||||||||||||||
17 | providing emergency, non-emergency ambulance services, or both | |||||||||||||||||||
18 | emergency and non-emergency ambulance services. The term | |||||||||||||||||||
19 | "Qualifying Ground Ambulance Service Provider" is limited to | |||||||||||||||||||
20 | ambulance and EMS agencies that are privately held and | |||||||||||||||||||
21 | nonprofit organizations headquartered within the State and | |||||||||||||||||||
22 | licensed by the Department of Public Health as of March 12, | |||||||||||||||||||
23 | 2020. |
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1 | "Eligible worker" means a staff member of a Qualifying | ||||||
2 | Ground Ambulance Service Provider engaged in "essential work", | ||||||
3 | as defined by Section 9901 of the ARPA and related federal | ||||||
4 | guidance, and (1) whose total pay is below 150% of the average | ||||||
5 | annual wage for all occupations in the worker's county of | ||||||
6 | residence, as defined by the BLS Occupational Employment and | ||||||
7 | Wage Statistics or (2) is not exempt from the federal Fair | ||||||
8 | Labor Standards Act overtime provisions. | ||||||
9 | (b) Purpose. The Department may receive federal funds | ||||||
10 | under the authority of legislation passed in response to the | ||||||
11 | Coronavirus epidemic, including, but not limited to, the | ||||||
12 | American Rescue Plan Act of 2021, P.L. 117-2 (the "ARPA"). | ||||||
13 | Upon receipt or availability of such State or federal funds, | ||||||
14 | and subject to appropriations for their use, the Department | ||||||
15 | shall establish and administer programs for purposes allowable | ||||||
16 | under Section 9901 of the ARPA to provide financial assistance | ||||||
17 | to Qualifying Ground Ambulance Service Providers for premium | ||||||
18 | pay for eligible workers, to provide reimbursement for | ||||||
19 | eligible expenditures, and to provide support following the | ||||||
20 | negative economic impact of the COVID-19 public health | ||||||
21 | emergency on the Ambulance Services Industry. Financial | ||||||
22 | assistance may include, but is not limited to, grants, expense | ||||||
23 | reimbursements, or subsidies. | ||||||
24 | (b-1) By December 31, 2022, the Department shall obtain | ||||||
25 | appropriate documentation from Qualifying Ground Ambulance | ||||||
26 | Service Providers to ascertain an accurate count of the number |
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1 | of licensed vehicles available to serve enrollees in the | ||||||
2 | State's medical assistance programs, which shall be known as | ||||||
3 | the "total eligible vehicles". By February 28, 2023, | ||||||
4 | Qualifying Ground Ambulance Service Providers shall be | ||||||
5 | initially notified of their eligible award, which shall be the | ||||||
6 | product of (i) the total amount of funds allocated under this | ||||||
7 | Section and (ii) a quotient, the numerator of which is the | ||||||
8 | number of licensed ground ambulance vehicles of an individual | ||||||
9 | Qualifying Ground Ambulance Service Provider and the | ||||||
10 | denominator of which is the total eligible vehicles. After | ||||||
11 | March 31, 2024, any unobligated funds shall be reallocated pro | ||||||
12 | rata to the remaining Qualifying Ground Ambulance Service | ||||||
13 | Providers that are able to prove up eligible expenses in | ||||||
14 | excess of their initial award amount until all such | ||||||
15 | appropriated funds are exhausted. | ||||||
16 | Providers shall indicate to the Department what portion of | ||||||
17 | their award they wish to allocate under the purposes outlined | ||||||
18 | under paragraphs (d), (e), or (f), if applicable, of this | ||||||
19 | Section. | ||||||
20 | (c) Non-Emergency Service Certification. To be eligible | ||||||
21 | for funding under this Section, a Qualifying Ground Ambulance | ||||||
22 | Service Provider that provides non-emergency services to | ||||||
23 | institutional residents must certify whether or not it is able | ||||||
24 | to provide non-emergency ambulance services to individuals | ||||||
25 | enrolled in the State's Medical Assistance Program and | ||||||
26 | residing in non-institutional settings for at least one year |
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1 | following the receipt of funding pursuant to this amendatory | ||||||
2 | Act of the 102nd General Assembly. Certification indicating | ||||||
3 | that a provider has such an ability does not mean that a | ||||||
4 | provider is required to accept any or all requested | ||||||
5 | transports. | ||||||
6 | (d) Premium Pay Initiative. Subject to paragraph (c) of | ||||||
7 | this Section, the Department shall establish a Premium Pay | ||||||
8 | Initiative to distribute awards to each Qualifying Ground | ||||||
9 | Ambulance Service Provider for the purpose of providing | ||||||
10 | premium pay to eligible workers. | ||||||
11 | (1) Financial assistance pursuant to this paragraph | ||||||
12 | (d) shall be scaled based on a process determined by the | ||||||
13 | Department. The amount awarded to each Qualifying Ground | ||||||
14 | Ambulance Service Provider shall be up to $13 per hour for | ||||||
15 | each eligible worker employed. | ||||||
16 | (2) The financial assistance awarded shall only be | ||||||
17 | expended for premium pay for eligible workers, which must | ||||||
18 | be in addition to any wages or remuneration the eligible | ||||||
19 | worker has already received and shall be subject to the | ||||||
20 | other requirements and limitations set forth in the ARPA | ||||||
21 | and related federal guidance. | ||||||
22 | (3) Upon receipt of funds, the Qualifying Ground | ||||||
23 | Ambulance Service Provider shall distribute funds such | ||||||
24 | that an eligible worker receives an amount up to $13 per | ||||||
25 | hour but no more than $25,000 for the duration of the | ||||||
26 | program. The Qualifying Ground Ambulance Service Provider |
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1 | shall provide a written certification to the Department | ||||||
2 | acknowledging compliance with this paragraph (d). | ||||||
3 | (4) No portion of these funds shall be spent on | ||||||
4 | volunteer staff. | ||||||
5 | (5) These funds shall not be used to make retroactive | ||||||
6 | premium payments prior to the effective date of this | ||||||
7 | amendatory Act of the 102nd General Assembly. | ||||||
8 | (6) The Department shall require each Qualifying | ||||||
9 | Ground Ambulance Service Provider that receives funds | ||||||
10 | under this paragraph (d) to submit appropriate | ||||||
11 | documentation acknowledging compliance with State and | ||||||
12 | federal law on an annual basis. | ||||||
13 | (e) COVID-19 Response Support Initiative. Subject to | ||||||
14 | paragraph (c) of this Section and based on an application | ||||||
15 | filed by a Qualifying Ground Ambulance Service Provider, the | ||||||
16 | Department shall establish the Ground Ambulance COVID-19 | ||||||
17 | Response Support Initiative. The purpose of the award shall be | ||||||
18 | to reimburse Qualifying Ground Ambulance Service Providers for | ||||||
19 | eligible expenses under Section 9901 of the ARPA related to | ||||||
20 | the public health impacts of the COVID-19 public health | ||||||
21 | emergency, including, but not limited to: (i) costs incurred | ||||||
22 | due to the COVID-19 public health emergency; (ii) costs | ||||||
23 | related to vaccination programs, including vaccine incentives; | ||||||
24 | (iii) costs related to COVID-19 testing; (iv) costs related to | ||||||
25 | COVID-19 prevention and treatment equipment; (v) expenses for | ||||||
26 | medical supplies; (vi) expenses for personal protective |
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1 | equipment; (vii) costs related to isolation and quarantine; | ||||||
2 | (viii) costs for ventilation system installation and | ||||||
3 | improvement; (ix) costs related to other emergency response | ||||||
4 | equipment, such as ground ambulances, ventilators, cardiac | ||||||
5 | monitoring equipment, defibrillation equipment, pacing | ||||||
6 | equipment, ambulance stretchers, and radio equipment; and (x) | ||||||
7 | other emergency medical response expenses. | ||||||
8 | (1) The award shall be for eligible obligated | ||||||
9 | expenditures incurred no earlier than May 1, 2022 and no | ||||||
10 | later than June 30, 2024. Expenditures under this | ||||||
11 | paragraph must be incurred by June 30, 2025. | ||||||
12 | (2) Funds awarded under this paragraph (e) shall not | ||||||
13 | be expended for premium pay to eligible workers. | ||||||
14 | (3) The Department shall require each Qualifying | ||||||
15 | Ground Ambulance Service Provider that receives funds | ||||||
16 | under this paragraph (e) to submit appropriate | ||||||
17 | documentation acknowledging compliance with State and | ||||||
18 | federal law on an annual basis. For purchases of medical | ||||||
19 | equipment or other capital expenditures, the Qualifying | ||||||
20 | Ground Ambulance Service Provider shall include | ||||||
21 | documentation that describes the harm or need to be | ||||||
22 | addressed by the expenditures and how that capital | ||||||
23 | expenditure is appropriate to address that identified harm | ||||||
24 | or need. | ||||||
25 | (f) Ambulance Industry Recovery Program. If the Department | ||||||
26 | designates the Ambulance Services Industry as an "impacted |
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1 | industry", as defined by the ARPA and related federal | ||||||
2 | guidance, the Department shall establish the Ambulance | ||||||
3 | Industry Recovery Grant Program, to provide aid to Qualifying | ||||||
4 | Ground Ambulance Service Providers that experienced staffing | ||||||
5 | losses due to the COVID-19 public health emergency. | ||||||
6 | (1) Funds awarded under this paragraph (f) shall not | ||||||
7 | be expended for premium pay to eligible workers. | ||||||
8 | (2) Each Qualifying Ground Ambulance Service Provider | ||||||
9 | that receives funds under this paragraph (f) shall comply | ||||||
10 | with paragraph (c) of this Section. | ||||||
11 | (3) The Department shall require each Qualifying | ||||||
12 | Ground Ambulance Service Provider that receives funds | ||||||
13 | under this paragraph (f) to submit appropriate | ||||||
14 | documentation acknowledging compliance with State and | ||||||
15 | federal law on an annual basis.
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16 | (Source: P.A. 102-699, eff. 4-19-22; 102-1118, eff. 1-18-23.)
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