Bill Text: IL SB1680 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Hospital Provider Funding Article of the Illinois Public Aid Code. Extends the imposition of annual assessments on hospital inpatient services through State fiscal year 2016 (rather than State fiscal year 2013). Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 6-3)

Status: (Failed) 2013-01-08 - Session Sine Die [SB1680 Detail]

Download: Illinois-2011-SB1680-Amended.html

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Rep. Barbara Flynn Currie

Filed: 5/29/2011

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AMENDMENT TO SENATE BILL 1680
AMENDMENT NO. ______. Amend Senate Bill 1680 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Public Aid Code is amended by
changing Section 5A-2 as follows:
(305 ILCS 5/5A-2) (from Ch. 23, par. 5A-2)
(Section scheduled to be repealed on July 1, 2014)
Sec. 5A-2. Assessment.
(a) Subject to Sections 5A-3 and and 5A-10, an annual
assessment on inpatient services is imposed on each hospital
provider in an amount equal to the hospital's occupied bed days
multiplied by $84.19 multiplied by the proration factor for
State fiscal year 2004 and the hospital's occupied bed days
multiplied by $84.19 for State fiscal year 2005.
For State fiscal years 2004 and 2005, the Department of
Healthcare and Family Services shall use the number of occupied

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bed days as reported by each hospital on the Annual Survey of
Hospitals conducted by the Department of Public Health to
calculate the hospital's annual assessment. If the sum of a
hospital's occupied bed days is not reported on the Annual
Survey of Hospitals or if there are data errors in the reported
sum of a hospital's occupied bed days as determined by the
Department of Healthcare and Family Services (formerly
Department of Public Aid), then the Department of Healthcare
and Family Services may obtain the sum of occupied bed days
from any source available, including, but not limited to,
records maintained by the hospital provider, which may be
inspected at all times during business hours of the day by the
Department of Healthcare and Family Services or its duly
authorized agents and employees.
Subject to Sections 5A-3 and 5A-10, for the privilege of
engaging in the occupation of hospital provider, beginning
August 1, 2005, an annual assessment is imposed on each
hospital provider for State fiscal years 2006, 2007, and 2008,
in an amount equal to 2.5835% of the hospital provider's
adjusted gross hospital revenue for inpatient services and
2.5835% of the hospital provider's adjusted gross hospital
revenue for outpatient services. If the hospital provider's
adjusted gross hospital revenue is not available, then the
Illinois Department may obtain the hospital provider's
adjusted gross hospital revenue from any source available,
including, but not limited to, records maintained by the

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hospital provider, which may be inspected at all times during
business hours of the day by the Illinois Department or its
duly authorized agents and employees.
Subject to Sections 5A-3 and 5A-10, for State fiscal years
2009 through 2014, an annual assessment on inpatient services
is imposed on each hospital provider in an amount equal to
$218.38 multiplied by the difference of the hospital's occupied
bed days less the hospital's Medicare bed days.
For State fiscal years 2009 through 2014, a hospital's
occupied bed days and Medicare bed days shall be determined
using the most recent data available from each hospital's 2005
Medicare cost report as contained in the Healthcare Cost Report
Information System file, for the quarter ending on December 31,
2006, without regard to any subsequent adjustments or changes
to such data. If a hospital's 2005 Medicare cost report is not
contained in the Healthcare Cost Report Information System,
then the Illinois Department may obtain the hospital provider's
occupied bed days and Medicare bed days from any source
available, including, but not limited to, records maintained by
the hospital provider, which may be inspected at all times
during business hours of the day by the Illinois Department or
its duly authorized agents and employees.
(b) (Blank).
(c) (Blank).
(d) Notwithstanding any of the other provisions of this
Section, the Department is authorized, during this 94th General

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Assembly, to adopt rules to reduce the rate of any annual
assessment imposed under this Section, as authorized by Section
5-46.2 of the Illinois Administrative Procedure Act.
(e) Notwithstanding any other provision of this Section,
any plan providing for an assessment on a hospital provider as
a permissible tax under Title XIX of the federal Social
Security Act and Medicaid-eligible payments to hospital
providers from the revenues derived from that assessment shall
be reviewed by the Illinois Department of Healthcare and Family
Services, as the Single State Medicaid Agency required by
federal law, to determine whether those assessments and
hospital provider payments meet federal Medicaid standards. If
the Department determines that the elements of the plan may
meet federal Medicaid standards and a related State Medicaid
Plan Amendment is prepared in a manner and form suitable for
submission, that State Plan Amendment shall be submitted in a
timely manner for review by the Centers for Medicare and
Medicaid Services of the United States Department of Health and
Human Services and subject to approval by the Centers for
Medicare and Medicaid Services of the United States Department
of Health and Human Services. No such plan shall become
effective without approval by the Illinois General Assembly by
the enactment into law of related legislation. Notwithstanding
any other provision of this Section, the Department is
authorized to adopt rules to reduce the rate of any annual
assessment imposed under this Section. Any such rules may be

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adopted by the Department under Section 5-50 of the Illinois
Administrative Procedure Act.
(Source: P.A. 95-859, eff. 8-19-08; 96-1530, eff. 2-16-11.)".