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| Public Act 097-0871 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The State Budget Law of the Civil Administrative | ||||
Code of Illinois is amended by changing Section 50-30 as | ||||
follows: | ||||
(15 ILCS 20/50-30) | ||||
Sec. 50-30. Long-term care rebalancing. In light of the | ||||
increasing demands confronting the State in meeting the needs | ||||
of individuals utilizing long-term care services under the | ||||
medical assistance program and any other long-term care related | ||||
benefit program administered by the State, it is the intent of | ||||
the General Assembly to address the needs of both the State and | ||||
the individuals eligible for such services by cost effective | ||||
and efficient means through the advancement of a long-term care | ||||
rebalancing initiative. Notwithstanding any State law to the | ||||
contrary, and subject to federal laws, regulations, and court | ||||
decrees, the following shall apply to the long-term care | ||||
rebalancing initiative: | ||||
(1) "Long-term care rebalancing", as used in this | ||||
Section, means removing barriers to community living for | ||||
people of all ages with disabilities and long-term | ||||
illnesses by offering individuals utilizing long-term care | ||||
services a reasonable array of options, in particular | ||
adequate choices of community and institutional options, | ||
to achieve a balance between the proportion of total | ||
Medicaid long-term support expenditures used for | ||
institutional services and those used for community-based | ||
supports, taking into account the relative costs | ||
associated with caring for medically compromised, frail | ||
older adults who need institutional care and the costs | ||
associated with providing support services to higher | ||
functioning, less medically compromised older adults who | ||
are able to live independently in the community. | ||
(2) Subject to the provisions of this Section, the | ||
Governor shall create a unified budget report identifying | ||
the budgets of all State agencies offering long-term care | ||
services to persons in either institutional or community | ||
settings, including the budgets of State-operated | ||
facilities for persons with developmental disabilities | ||
that shall include, but not be limited to, the following | ||
service and financial data: | ||
(A) A breakdown of long-term care services, | ||
defined as institutional or community care, by the | ||
State agency primarily responsible for administration | ||
of the program. | ||
(B) Actual and estimated enrollment, caseload, | ||
service hours, or service days provided for long-term | ||
care services described in a consistent format for | ||
those services, for each of the following age groups: | ||
older adults 65 years of age and older, younger adults | ||
21 years of age through 64 years of age, and children | ||
under 21 years of age. | ||
(C) Funding sources for long-term care services. | ||
(D) Comparison of service and expenditure data, by | ||
services, both in aggregate and per person enrolled. | ||
(3) For each fiscal year, the unified budget report | ||
described in subdivision (2) shall be prepared with | ||
reference to the prioritized outcomes for that fiscal year | ||
contemplated by Sections 50-5 and 50-25 of this Code. | ||
(4) Each State agency responsible for the | ||
administration of long-term care services shall provide an | ||
analysis of the progress being made by the agency to | ||
transition persons from institutional to community | ||
settings, where appropriate, as part of the State's | ||
long-term care rebalancing initiative. | ||
(5) The Governor may designate amounts set aside for | ||
institutional services appropriated from the General | ||
Revenue Fund or any other State fund that receives monies | ||
for long-term care services to be transferred to all State | ||
agencies responsible for the administration of | ||
community-based long-term care programs, including, but | ||
not limited to, community-based long-term care programs | ||
administered by the Department of Healthcare and Family | ||
Services, the Department of Human Services, and the | ||
Department on Aging, provided that the Director of | ||
Healthcare and Family Services first certifies that the | ||
amounts being transferred are necessary for the purpose of | ||
assisting persons in or at risk of being in institutional | ||
care to transition to community-based settings, including | ||
the financial data needed to prove the need for the | ||
transfer of funds. The total amounts transferred shall not | ||
exceed 4% in total of the amounts appropriated from the | ||
General Revenue Fund or any other State fund that receives | ||
monies for long-term care services for each fiscal year. A | ||
notice of the fund transfer must be made to the General | ||
Assembly and posted at a minimum on the Department of | ||
Healthcare and Family Services website, the Governor's | ||
Office of Management and Budget website, and any other | ||
website the Governor sees fit. These postings shall serve | ||
as notice to the General Assembly of the amounts to be | ||
transferred. Notice shall be given at least 30 days prior | ||
to transfer. | ||
(6) This Section shall be liberally construed and | ||
interpreted in a manner that allows the State to advance | ||
its long-term care rebalancing initiatives.
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(Source: P.A. 96-1501, eff. 1-25-11.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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