Bill Text: IL SB0760 | 2013-2014 | 98th General Assembly | Introduced
Bill Title: Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning Medicaid payment rates for nursing facility and ICF/DD services in nursing facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB0760 Detail]
Download: Illinois-2013-SB0760-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, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Public Aid Code is amended by | |||||||||||||||||||
5 | changing Section 5-5.5 as follows:
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6 | (305 ILCS 5/5-5.5) (from Ch. 23, par. 5-5.5)
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7 | Sec. 5-5.5. Elements of Payment Rate.
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8 | (a) The
The Department of Healthcare and Family Services | |||||||||||||||||||
9 | shall develop a prospective method for
determining payment | |||||||||||||||||||
10 | rates for nursing facility and ICF/DD
services in nursing | |||||||||||||||||||
11 | facilities composed of the following cost elements:
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12 | (1) Standard Services, with the cost of this component | |||||||||||||||||||
13 | being determined
by taking into account the actual costs to | |||||||||||||||||||
14 | the facilities of these services
subject to cost ceilings | |||||||||||||||||||
15 | to be defined in the Department's rules.
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16 | (2) Resident Services, with the cost of this component | |||||||||||||||||||
17 | being
determined by taking into account the actual costs, | |||||||||||||||||||
18 | needs and utilization
of these services, as derived from an | |||||||||||||||||||
19 | assessment of the resident needs in
the nursing facilities.
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20 | (3) Ancillary Services, with the payment rate being | |||||||||||||||||||
21 | developed for
each individual type of service. Payment | |||||||||||||||||||
22 | shall be made only when
authorized under procedures | |||||||||||||||||||
23 | developed by the Department of Healthcare and Family |
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1 | Services.
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2 | (4) Nurse's Aide Training, with the cost of this | ||||||
3 | component being
determined by taking into account the | ||||||
4 | actual cost to the facilities of
such training.
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5 | (5) Real Estate Taxes, with the cost of this component | ||||||
6 | being
determined by taking into account the figures | ||||||
7 | contained in the most
currently available cost reports | ||||||
8 | (with no imposition of maximums) updated
to the midpoint of | ||||||
9 | the current rate year for long term care services
rendered | ||||||
10 | between July 1, 1984 and June 30, 1985, and with the cost | ||||||
11 | of this
component being determined by taking into account | ||||||
12 | the actual 1983 taxes for
which the nursing homes were | ||||||
13 | assessed (with no imposition of maximums)
updated to the | ||||||
14 | midpoint of the current rate year for long term care
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15 | services rendered between July 1, 1985 and June 30, 1986.
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16 | (b) In developing a prospective method for determining | ||||||
17 | payment rates
for nursing facility and ICF/DD services in | ||||||
18 | nursing facilities and ICF/DDs,
the Department of Healthcare | ||||||
19 | and Family Services shall consider the following cost elements:
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20 | (1) Reasonable capital cost determined by utilizing | ||||||
21 | incurred interest
rate and the current value of the | ||||||
22 | investment, including land, utilizing
composite rates, or | ||||||
23 | by utilizing such other reasonable cost related methods
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24 | determined by the Department. However, beginning with the | ||||||
25 | rate
reimbursement period effective July 1, 1987, the | ||||||
26 | Department shall be
prohibited from establishing, |
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1 | including, and implementing any depreciation
factor in | ||||||
2 | calculating the capital cost element.
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3 | (2) Profit, with the actual amount being produced and | ||||||
4 | accruing to
the providers in the form of a return on their | ||||||
5 | total investment, on the
basis of their ability to | ||||||
6 | economically and efficiently deliver a type
of service. The | ||||||
7 | method of payment may assure the opportunity for a
profit, | ||||||
8 | but shall not guarantee or establish a specific amount as a | ||||||
9 | cost.
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10 | (c) The Illinois Department may implement the amendatory | ||||||
11 | changes to
this Section made by this amendatory Act of 1991 | ||||||
12 | through the use of
emergency rules in accordance with the | ||||||
13 | provisions of Section 5.02 of the
Illinois Administrative | ||||||
14 | Procedure Act. For purposes of the Illinois
Administrative | ||||||
15 | Procedure Act, the adoption of rules to implement the
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16 | amendatory changes to this Section made by this amendatory
Act | ||||||
17 | of 1991 shall be deemed an emergency and necessary for the | ||||||
18 | public
interest, safety and welfare.
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19 | (d) No later than January 1, 2001, the Department of Public | ||||||
20 | Aid shall file
with the Joint Committee on Administrative | ||||||
21 | Rules, pursuant to the Illinois
Administrative Procedure
Act,
a | ||||||
22 | proposed rule, or a proposed amendment to an existing rule, | ||||||
23 | regarding payment
for appropriate services, including | ||||||
24 | assessment, care planning, discharge
planning, and treatment
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25 | provided by nursing facilities to residents who have a serious | ||||||
26 | mental
illness.
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1 | (e) On and after July 1, 2012, the Department shall reduce | ||||||
2 | any rate of reimbursement for services or other payments or | ||||||
3 | alter any methodologies authorized by this Code to reduce any | ||||||
4 | rate of reimbursement for services or other payments in | ||||||
5 | accordance with Section 5-5e. | ||||||
6 | (Source: P.A. 96-1123, eff. 1-1-11; 96-1530, eff. 2-16-11; | ||||||
7 | 97-689, eff. 6-14-12.)
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