Bill Text: IL SB2341 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Medical Assistance Article of the Illinois Public Aid Code. In provisions concerning the supportive living facilities program, provides that a facility selected by the Department of Healthcare and Family Services to participate in the supportive living facilities program may employ direct support persons who are at least 18 years of age and have successfully completed a direct support persons training program, approved by the Department of Human Services, within 120 days of their date of hire or the date they were first assigned direct support responsibilities at the facility. Requires the facility to check the Department of Public Health's Health Care Worker Registry to verify that an individual hired to provide direct support services is listed on the Registry as eligible to work for a health care employer. Provides that the responsibilities of a direct support person hired in accordance with the amendatory Act shall include, but not be limited to: (i) following and helping to carry out a facility resident's written service plan; (ii) providing personal care services to facility residents, including, but not limited to, bathing, eating, dressing, personal hygiene, grooming, toileting, ambulation, medication reminders, and assistance with transfer; (iii) observing a facility resident's functioning, maintaining written records of those observations, and reporting any changes to a licensed nurse on duty at the facility; and (iv) attending initial training and in-service training sessions and staff conferences.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-03-15 - Rule 3-9(a) / Re-referred to Assignments [SB2341 Detail]

Download: Illinois-2023-SB2341-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2341 Introduced 2/10/2023, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED:
305 ILCS 5/5-5.01a
Amends the Medical Assistance Article of the Illinois Public Aid Code. In provisions concerning the supportive living facilities program, provides that a facility selected by the Department of Healthcare and Family Services to participate in the supportive living facilities program may employ direct support persons who are at least 18 years of age and have successfully completed a direct support persons training program, approved by the Department of Human Services, within 120 days of their date of hire or the date they were first assigned direct support responsibilities at the facility. Requires the facility to check the Department of Public Health's Health Care Worker Registry to verify that an individual hired to provide direct support services is listed on the Registry as eligible to work for a health care employer. Provides that the responsibilities of a direct support person hired in accordance with the amendatory Act shall include, but not be limited to: (i) following and helping to carry out a facility resident's written service plan; (ii) providing personal care services to facility residents, including, but not limited to, bathing, eating, dressing, personal hygiene, grooming, toileting, ambulation, medication reminders, and assistance with transfer; (iii) observing a facility resident's functioning, maintaining written records of those observations, and reporting any changes to a licensed nurse on duty at the facility; and (iv) attending initial training and in-service training sessions and staff conferences.
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A BILL FOR
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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) 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). 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,

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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%.
The Medicaid rates for supportive living facilities
effective on July 1, 2018 must be equal to the rates in effect
for supportive living facilities on June 30, 2018.
Subject to federal approval, the Medicaid rates for
supportive living services on and after July 1, 2019 must be at
least 54.3% of the average total nursing facility services per
diem for the geographic areas defined by the Department while
maintaining the rate differential for dementia care and must
be updated whenever the total nursing facility service per
diems are updated. Beginning July 1, 2022, upon the

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implementation of the Patient Driven Payment Model, Medicaid
rates for supportive living services must be at least 54.3% of
the average total nursing services per diem rate for the
geographic areas. For purposes of this provision, the average
total nursing services per diem rate shall include all add-ons
for nursing facilities for the geographic area provided for in
Section 5-5.2. The rate differential for dementia care must be
maintained in these rates and the rates shall be updated
whenever nursing facility per diem rates are updated.
(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).
(c-5) A facility selected by the Department to participate
in the supportive living facilities program may employ direct
support persons who are at least 18 years of age and have
successfully completed a direct support persons training
program, approved by the Department of Human Services, within
120 days of their date of hire or the date they were first
assigned direct support responsibilities at the facility. The
facility must check the Department of Public Health's Health
Care Worker Registry to verify that an individual hired to
provide direct support services is listed on the Registry as

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eligible to work for a health care employer. The
responsibilities of a direct support person hired in
accordance with this subsection shall include, but not be
limited to:
(1) Following and helping to carry out a facility
resident's written service plan.
(2) Providing personal care services to facility
residents, including, but not limited to, bathing, eating,
dressing, personal hygiene, grooming, toileting,
ambulation, medication reminders, and assistance with
transfer.
(3) Observing a facility resident's functioning,
maintaining written records of those observations, and
reporting any changes to a licensed nurse on duty at the
facility.
(4) Attending initial training and in-service training
sessions and staff conferences.
(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

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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.
(f) Section 9817 of the American Rescue Plan Act of 2021
(Public Law 117-2) authorizes a 10% enhanced federal medical
assistance percentage for supportive living services for a
12-month period from April 1, 2021 through March 31, 2022.
Subject to federal approval, including the approval of any
necessary waiver amendments or other federally required
documents or assurances, for a 12-month period the Department
must pay a supplemental $26 per diem rate to all supportive
living facilities with the additional federal financial

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participation funds that result from the enhanced federal
medical assistance percentage from April 1, 2021 through March
31, 2022. The Department may issue parameters around how the
supplemental payment should be spent, including quality
improvement activities. The Department may alter the form,
methods, or timeframes concerning the supplemental per diem
rate to comply with any subsequent changes to federal law,
changes made by guidance issued by the federal Centers for
Medicare and Medicaid Services, or other changes necessary to
receive the enhanced federal medical assistance percentage.
(Source: P.A. 101-10, eff. 6-5-19; 102-43, eff. 7-6-21;
102-699, eff. 4-19-22.)