Bill Text: IL HB4223 | 2017-2018 | 100th General Assembly | Chaptered

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Bill Title: Amends the Illinois Public Aid Code. In a provision concerning the Supportive Living Facilities Program, provides that a supportive living facility includes a distinct physical and operational entity within a mixed-use building that meets certain criteria. Requires the Department of Healthcare and Family Services to accept for certification under the program any application for a site or building where some of the apartments or distinct parts of the site or building are designated for purposes other than the provision of supportive living services, but only if those other apartments or distinct parts of the site or building are not designated for the purpose of providing assisted living services as required under the Assisted Living and Shared Housing Act. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Passed) 2018-04-06 - Public Act . . . . . . . . . 100-0583 [HB4223 Detail]

Download: Illinois-2017-HB4223-Chaptered.html

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Public Act 100-0583
HB4223 Enrolled LRB100 15312 KTG 30257 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 5-5.01a as follows:
(305 ILCS 5/5-5.01a)
Sec. 5-5.01a. Supportive living facilities program.
(a) The Department shall establish and provide oversight
for a program of supportive living facilities that seek to
promote resident independence, dignity, respect, and
well-being in the most cost-effective manner.
A supportive living facility is (i) either a free-standing
facility or (ii) a distinct physical and operational entity
within a mixed-use building that meets the criteria established
in subsection (d) nursing facility. A supportive living
facility integrates housing with health, personal care, and
supportive services and is a designated setting that offers
residents their own separate, private, and distinct living
units.
Sites for the operation of the program shall be selected by
the Department based upon criteria that may include the need
for services in a geographic area, the availability of funding,
and the site's ability to meet the standards.

(b) Beginning July 1, 2014, subject to federal approval,
the Medicaid rates for supportive living facilities shall be
equal to the supportive living facility Medicaid rate effective
on June 30, 2014 increased by 8.85%. Once the assessment
imposed at Article V-G of this Code is determined to be a
permissible tax under Title XIX of the Social Security Act, the
Department shall increase the Medicaid rates for supportive
living facilities effective on July 1, 2014 by 9.09%. The
Department shall apply this increase retroactively to coincide
with the imposition of the assessment in Article V-G of this
Code in accordance with the approval for federal financial
participation by the Centers for Medicare and Medicaid
Services.
The Medicaid rates for supportive living facilities
effective on July 1, 2017 must be equal to the rates in effect
for supportive living facilities on June 30, 2017 increased by
2.8%.
(c) The Department may adopt rules to implement this
Section. Rules that establish or modify the services,
standards, and conditions for participation in the program
shall be adopted by the Department in consultation with the
Department on Aging, the Department of Rehabilitation
Services, and the Department of Mental Health and Developmental
Disabilities (or their successor agencies).
(d) Subject to federal approval by the Centers for Medicare
and Medicaid Services, the Department shall accept for

consideration of certification under the program any
application for a site or building where distinct parts of the
site or building are designated for purposes other than the
provision of supportive living services, but only if:
(1) those distinct parts of the site or building are
not designated for the purpose of providing assisted living
services as required under the Assisted Living and Shared
Housing Act;
(2) those distinct parts of the site or building are
completely separate from the part of the building used for
the provision of supportive living program services,
including separate entrances;
(3) those distinct parts of the site or building do not
share any common spaces with the part of the building used
for the provision of supportive living program services;
and
(4) those distinct parts of the site or building do not
share staffing with the part of the building used for the
provision of supportive living program services.
(e) Facilities or distinct parts of facilities which are
selected as supportive living facilities and are in good
standing with the Department's rules are exempt from the
provisions of the Nursing Home Care Act and the Illinois Health
Facilities Planning Act.
(Source: P.A. 100-23, eff. 7-6-17.)
Section 99. Effective date. This Act takes effect upon

becoming law.