Bill Text: IL HB5810 | 2025-2026 | 104th General Assembly | Introduced


Bill Title: Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that services provided by supportive living facilities shall include the provision of basic hygiene products necessary for residents to meet required hygiene standards. Provides that "basic hygiene products" shall include, but not be limited to: (i) soap; (ii) shampoo; (iii) toothpaste and toothbrushes; (iv) deodorant; (v) toilet paper; (vi) skin care products necessary to maintain health; (vii) incontinence supplies when medically or functionally indicated; (viii) a bath mat for the tub or shower; (ix) a set of towels; and (x) a set of linen bed sheets. Requires basic hygiene products to be provided by the supportive living facility and included in the monthly rate paid under the supportive living facilities program. Provides that residents shall not be required to purchase basic hygiene products from their personal needs allowance. Provides that each supportive living facility may, subject to appropriation, provide residents with meals that shall be nutritionally adequate. Permits the Department of Healthcare and Family Services to establish a minimum per resident daily meal expenditure that shall be automatically adjusted based on the Consumer Price Index for All Urban Consumers for the Midwest Region. Requires the Department to maintain the rate add-on implemented on January 1, 2023, for the provision of 2 meals per day at no less than $6.15 per day.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2026-08-27 - Filed with the Clerk by Rep. Lindsey LaPointe [HB5810 Detail]

Download: Illinois-2025-HB5810-Introduced.html

 


 
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5810

 

Introduced , by Rep. Lindsey LaPointe

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/5-5.01a

    Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that services provided by supportive living facilities shall include the provision of basic hygiene products necessary for residents to meet required hygiene standards. Provides that "basic hygiene products" shall include, but not be limited to: (i) soap; (ii) shampoo; (iii) toothpaste and toothbrushes; (iv) deodorant; (v) toilet paper; (vi) skin care products necessary to maintain health; (vii) incontinence supplies when medically or functionally indicated; (viii) a bath mat for the tub or shower; (ix) a set of towels; and (x) a set of linen bed sheets. Requires basic hygiene products to be provided by the supportive living facility and included in the monthly rate paid under the supportive living facilities program. Provides that residents shall not be required to purchase basic hygiene products from their personal needs allowance. Provides that each supportive living facility may, subject to appropriation, provide residents with meals that shall be nutritionally adequate. Permits the Department of Healthcare and Family Services to establish a minimum per resident daily meal expenditure that shall be automatically adjusted based on the Consumer Price Index for All Urban Consumers for the Midwest Region. Requires the Department to maintain the rate add-on implemented on January 1, 2023, for the provision of 2 meals per day at no less than $6.15 per day.


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A BILL FOR

 

HB5810LRB104 22491 KTG 38936 b

1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5changing Section 5-5.01a as follows:
 
6    (305 ILCS 5/5-5.01a)
7    Sec. 5-5.01a. Supportive living facilities program.
8    (a) The Department shall establish and provide oversight
9for a program of supportive living facilities that seek to
10promote resident independence, dignity, respect, and
11well-being in the most cost-effective manner.
12    A supportive living facility is (i) a free-standing
13facility or (ii) a distinct physical and operational entity
14within a mixed-use building that meets the criteria
15established in subsection (d). A supportive living facility
16integrates housing with health, personal care, and supportive
17services and is a designated setting that offers residents
18their own separate, private, and distinct living units.
19     Sites for the operation of the program shall be selected
20by the Department based upon criteria that may include the
21need for services in a geographic area, the availability of
22funding, and the site's ability to meet the standards.
23    Services provided by supportive living facilities shall

 

 

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1include the provision of basic hygiene products necessary for
2residents to meet required hygiene standards. "Basic hygiene
3products" shall include, but not be limited to: (i) soap; (ii)
4shampoo; (iii) toothpaste and toothbrushes; (iv) deodorant;
5(v) toilet paper; (vi) skin care products necessary to
6maintain health; (vii) incontinence supplies when medically or
7functionally indicated; (viii) a bath mat for the tub or
8shower; (ix) a set of towels; and (x) a set of linen bed
9sheets. Basic hygiene products shall be provided by the
10supportive living facility and included in the monthly rate
11paid under the program. Residents shall not be required to
12purchase basic hygiene products from their personal needs
13allowance.    
14    Each supportive living facility may, subject to
15appropriation, provide residents with meals that shall be
16nutritionally adequate, appropriate to the resident's needs,
17and sufficient in quantity and quality to maintain overall
18health. The Department may establish a minimum per-resident
19daily meal expenditure. Beginning the next January 1 following
20the effective date of this amendatory Act of the 104th General
21Assembly, and each January 1, thereafter, the minimum
22expenditure shall be automatically adjusted based on the
23Consumer Price Index for All Urban Consumers (CPI-U) for the
24Midwest Region, as published by the United States Department
25of Labor.
26    As stated in the supportive living program home and

 

 

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1community-based service waiver approved by the federal Centers
2for Medicare and Medicaid Services beginning on July 1, 2025,
3the Department shall maintain the rate add-on implemented on
4January 1, 2023, for the provision of 2 meals per day at no
5less than $6.15 per day.
6    Nothing in this amendatory Act of the 104th General
7Assembly may be construed to require residents to supplement
8basic meals using their personal needs allowance.
9    The Department may periodically adjust the per diem rate
10for meals to reflect changes in food costs and economic
11conditions, subject to appropriation.
12    (b) Beginning July 1, 2014, subject to federal approval,
13the Medicaid rates for supportive living facilities shall be
14equal to the supportive living facility Medicaid rate
15effective on June 30, 2014 increased by 8.85%. Once the
16assessment imposed at Article V-G of this Code is determined
17to be a permissible tax under Title XIX of the Social Security
18Act, the Department shall increase the Medicaid rates for
19supportive living facilities effective on July 1, 2014 by
209.09%. The Department shall apply this increase retroactively
21to coincide with the imposition of the assessment in Article
22V-G of this Code in accordance with the approval for federal
23financial participation by the Centers for Medicare and
24Medicaid Services.
25    The Medicaid rates for supportive living facilities
26effective on July 1, 2017 must be equal to the rates in effect

 

 

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1for supportive living facilities on June 30, 2017 increased by
22.8%.
3    The Medicaid rates for supportive living facilities
4effective on July 1, 2018 must be equal to the rates in effect
5for supportive living facilities on June 30, 2018.
6    Subject to federal approval, the Medicaid rates for
7supportive living services on and after July 1, 2019 must be at
8least 54.3% of the average total nursing facility services per
9diem for the geographic areas defined by the Department while
10maintaining the rate differential for dementia care and must
11be updated whenever the total nursing facility service per
12diems are updated. Beginning July 1, 2022, upon the
13implementation of the Patient Driven Payment Model, Medicaid
14rates for supportive living services must be at least 54.3% of
15the average total nursing services per diem rate for the
16geographic areas. For purposes of this provision, the average
17total nursing services per diem rate shall include all add-ons
18for nursing facilities for the geographic area provided for in
19Section 5-5.2. The rate differential for dementia care must be
20maintained in these rates and the rates shall be updated
21whenever nursing facility per diem rates are updated.
22    Subject to federal approval, beginning January 1, 2024,
23the dementia care rate for supportive living services must be
24no less than the non-dementia care supportive living services
25rate multiplied by 1.5.
26    (b-5) Subject to federal approval, beginning January 1,

 

 

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12025, Medicaid rates for supportive living services must be at
2least 54.75% of the average total nursing facility per diem
3rate for the geographic areas defined by the Department and
4shall include all add-ons for nursing facilities for the
5geographic area provided for in Section 5-5.2.
6    (c) The Department may adopt rules to implement this
7Section. Rules that establish or modify the services,
8standards, and conditions for participation in the program
9shall be adopted by the Department in consultation with the
10Department on Aging, the Department of Rehabilitation
11Services, and the Department of Mental Health and
12Developmental Disabilities (or their successor agencies).
13    (d) Subject to federal approval by the Centers for
14Medicare and Medicaid Services, the Department shall accept
15for consideration of certification under the program any
16application for a site or building where distinct parts of the
17site or building are designated for purposes other than the
18provision of supportive living services, but only if:
19        (1) those distinct parts of the site or building are
20    not designated for the purpose of providing assisted
21    living services as required under the Assisted Living and
22    Shared Housing Act;
23        (2) those distinct parts of the site or building are
24    completely separate from the part of the building used for
25    the provision of supportive living program services,
26    including separate entrances;

 

 

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1        (3) those distinct parts of the site or building do
2    not share any common spaces with the part of the building
3    used for the provision of supportive living program
4    services; and
5        (4) those distinct parts of the site or building do
6    not share staffing with the part of the building used for
7    the provision of supportive living program services.
8    (e) Facilities or distinct parts of facilities which are
9selected as supportive living facilities and are in good
10standing with the Department's rules are exempt from the
11provisions of the Nursing Home Care Act and the Illinois
12Health Facilities Planning Act.
13    (f) Section 9817 of the American Rescue Plan Act of 2021
14(Public Law 117-2) authorizes a 10% enhanced federal medical
15assistance percentage for supportive living services for a
1612-month period from April 1, 2021 through March 31, 2022.
17Subject to federal approval, including the approval of any
18necessary waiver amendments or other federally required
19documents or assurances, for a 12-month period the Department
20must pay a supplemental $26 per diem rate to all supportive
21living facilities with the additional federal financial
22participation funds that result from the enhanced federal
23medical assistance percentage from April 1, 2021 through March
2431, 2022. The Department may issue parameters around how the
25supplemental payment should be spent, including quality
26improvement activities. The Department may alter the form,

 

 

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1methods, or timeframes concerning the supplemental per diem
2rate to comply with any subsequent changes to federal law,
3changes made by guidance issued by the federal Centers for
4Medicare and Medicaid Services, or other changes necessary to
5receive the enhanced federal medical assistance percentage.
6    (g) All applications for the expansion of supportive
7living dementia care settings involving sites not approved by
8the Department by January 1, 2024 may allow new elderly
9non-dementia units in addition to new dementia care units. The
10Department may approve such applications only if the
11application has: (1) no more than one non-dementia care unit
12for each dementia care unit and (2) the site is not located
13within 4 miles of an existing supportive living program site
14in Cook County (including the City of Chicago), not located
15within 12 miles of an existing supportive living program site
16in Alexander, Bond, Boone, Calhoun, Champaign, Clinton,
17DeKalb, DuPage, Fulton, Grundy, Henry, Jackson, Jersey,
18Johnson, Kane, Kankakee, Kendall, Lake, Macon, Macoupin,
19Madison, Marshall, McHenry, McLean, Menard, Mercer, Monroe,
20Peoria, Piatt, Rock Island, Sangamon, Stark, St. Clair,
21Tazewell, Vermilion, Will, Williamson, Winnebago, or Woodford
22counties, or not located within 25 miles of an existing
23supportive living program site in any other county.
24    (h) Beginning January 1, 2025, subject to federal
25approval, for a person who is a resident of a supportive living
26facility under this Section, the monthly personal needs

 

 

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1allowance shall be $120 per month.
2    (i) As stated in the supportive living program home and
3community-based service waiver approved by the federal Centers
4for Medicare and Medicaid Services, and beginning July 1,
52025, the Department must maintain the rate add-on implemented
6on January 1, 2023 for the provision of 2 meals per day at no
7less than $6.15 per day.
8    (j) Subject to federal approval, the Department shall
9allow a certified medication aide to administer medication in
10a supportive living facility. For purposes of this subsection,
11"certified medication aide" means a person who has met the
12qualifications for certification under Section 79 of the
13Assisted Living and Shared Housing Act and assists with
14medication administration while under the supervision of a
15registered professional nurse as authorized by Section 50-75
16of the Nurse Practice Act. The Department may adopt rules to
17implement this subsection.
18(Source: P.A. 103-102, Article 20, Section 20-5, eff. 1-1-24;
19103-102, Article 100, Section 100-5, eff. 1-1-24; 103-593,
20Article 15, Section 15-5, eff. 6-7-24; 103-593, Article 100,
21Section 100-5, eff. 6-7-24; 103-593, Article 165, Section
22165-5, eff. 6-7-24; 103-605, eff. 7-1-24; 103-886, eff.
238-9-24; 104-9, eff. 6-16-25; 104-417, eff. 8-15-25; revised
249-12-25.)
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