SB3690 EngrossedLRB097 19413 JDS 64666 b


  
1    AN ACT concerning State government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The State Budget Law of the Civil Administrative 
5Code of Illinois is amended  by changing Section 50-30 as 
6follows:
 
7    (15 ILCS 20/50-30)
8    Sec. 50-30. Long-term care rebalancing. In light of the 
9increasing demands confronting the State in meeting the needs 
10of individuals utilizing long-term care services under the 
11medical assistance program and any other long-term care related 
12benefit program administered by the State, it is the intent of 
13the General Assembly to address the needs of both the State and 
14the individuals eligible for such services by cost effective 
15and efficient means through the advancement of a long-term care 
16rebalancing initiative. Notwithstanding any State law to the 
17contrary, and subject to federal laws, regulations, and court 
18decrees,  the following shall apply to the long-term care 
19rebalancing initiative:
20        (1) "Long-term care rebalancing", as used in this 
21    Section, means removing barriers to community living for 
22    people of all ages with disabilities and long-term 
23    illnesses by offering individuals utilizing long-term care 
 
 
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1    services a reasonable array of options, in particular 
2    adequate choices of community and institutional options, 
3    to achieve a balance between the proportion of total 
4    Medicaid long-term support expenditures used for 
5    institutional services and those used for community-based 
6    supports, taking into account the relative costs 
7    associated with caring for medically compromised, frail 
8    older adults who need institutional care and the costs 
9    associated with providing support services to higher 
10    functioning, less medically compromised older adults who 
11    are able to live independently in the community.
12        (2) Subject to the provisions of this Section, the 
13    Governor shall create a unified budget report identifying 
14    the budgets of all State agencies offering long-term care 
15    services to persons in either institutional or community 
16    settings, including the budgets of State-operated 
17    facilities for persons with developmental disabilities 
18    that shall include, but not be limited to, the following 
19    service and financial data: 
20            (A) A breakdown of long-term care services, 
21        defined as institutional or community care, by the 
22        State agency primarily responsible for administration 
23        of the program. 
24            (B) Actual and estimated enrollment, caseload, 
25        service hours, or service days provided for long-term 
26        care services described in a consistent format for 
 
 
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1        those services, for each of the following age groups:  
2        older adults 65 years of age and older, younger adults 
3        21 years of age through 64 years of age, and children 
4        under 21 years of age. 
5            (C) Funding sources for long-term care services. 
6            (D) Comparison of service and expenditure data, by 
7        services, both in aggregate and per person enrolled. 
8        (3) For each fiscal year, the unified budget report 
9    described in subdivision (2) shall be prepared with 
10    reference to the prioritized outcomes for that fiscal year 
11    contemplated by Sections 50-5 and 50-25 of this Code. 
12        (4) Each State agency responsible for the 
13    administration of long-term care services shall provide an 
14    analysis of the progress being made by the agency to 
15    transition persons from institutional to community 
16    settings, where appropriate, as part of the State's 
17    long-term care rebalancing initiative. 
18        (5) The Governor may designate amounts set aside for 
19    institutional services appropriated from the General 
20    Revenue Fund or any other State fund that receives monies 
21    for long-term care services to be transferred to all State 
22    agencies responsible for the administration of 
23    community-based long-term care programs, including, but 
24    not limited to, community-based long-term care programs 
25    administered by the Department of Healthcare and Family 
26    Services, the Department of Human Services, and the 
 
 
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1    Department on Aging, provided that the Director of 
2    Healthcare and Family Services first certifies that the 
3    amounts being transferred are necessary for the purpose of 
4    assisting persons in or at risk of being in institutional 
5    care to transition to community-based settings, including 
6    the financial data needed to prove the need for the 
7    transfer of funds. The total amounts transferred shall not 
8    exceed 4% in total of the amounts appropriated from the 
9    General Revenue Fund or any other State fund that receives 
10    monies for long-term care services for each fiscal year. A 
11    notice of the fund transfer must be made to the General 
12    Assembly and posted at a minimum on the Department of 
13    Healthcare and Family Services website, the Governor's 
14    Office of Management and Budget website, and any other 
15    website the Governor sees fit. These postings shall serve 
16    as notice to the General Assembly of the amounts to be 
17    transferred. Notice shall be given at least 30 days prior 
18    to transfer. 
19        (6) This Section shall be liberally construed and 
20    interpreted in a manner that allows the State to advance 
21    its long-term care rebalancing initiatives. 

22(Source: P.A. 96-1501, eff. 1-25-11.)
 
 
23    Section 99. Effective date. This Act takes effect upon 
24becoming law.