State of Illinois
91st General Assembly
Legislation

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91_SB1598

 
                                              LRB9110736DJcdA

 1        AN ACT to amend the Illinois Public Aid Code by  changing
 2    Section 5-5.4.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The Illinois Public Aid Code is  amended  by
 6    changing Section 5-5.4 as follows:

 7        (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
 8        Sec.  5-5.4.  Standards of Payment - Department of Public
 9    Aid.  The Department of Public Aid shall develop standards of
10    payment of skilled nursing and intermediate care services  in
11    facilities providing such services under this Article which:
12        (1)  Provides  for  the  determination  of  a  facility's
13    payment for skilled nursing and intermediate care services on
14    a  prospective basis.  The amount of the payment rate for all
15    nursing facilities certified  under  the  medical  assistance
16    program  shall  be  prospectively established annually on the
17    basis  of  historical,  financial,   and   statistical   data
18    reflecting  actual  costs  from  prior  years, which shall be
19    applied to the current rate year and updated  for  inflation,
20    except  that  the  capital cost element for newly constructed
21    facilities  shall  be  based  upon  projected  budgets.   The
22    annually established payment rate shall take effect on July 1
23    in 1984  and  subsequent  years.   Rate  increases  shall  be
24    provided  annually  thereafter  on July 1 in 1984 and on each
25    subsequent July 1 in the following years, except that no rate
26    increase and no update for inflation shall be provided on  or
27    after   July   1,  1994  and  before  July  1,  2000,  unless
28    specifically provided for in this Section.
29        For facilities  licensed  by  the  Department  of  Public
30    Health  under  the Nursing Home Care Act as Intermediate Care
31    for the Developmentally Disabled facilities or Long Term Care
 
                            -2-               LRB9110736DJcdA
 1    for Under Age 22 facilities, the rates taking effect on  July
 2    1,  1998  shall  include  an  increase of 3%.  For facilities
 3    licensed by the Department of Public Health under the Nursing
 4    Home Care Act as Skilled Nursing facilities  or  Intermediate
 5    Care  facilities,  the  rates  taking  effect on July 1, 1998
 6    shall include an increase of 3% plus $1.10 per  resident-day,
 7    as defined by the Department.
 8        For  facilities  licensed  by  the  Department  of Public
 9    Health under the Nursing Home Care Act as  Intermediate  Care
10    for the Developmentally Disabled facilities or Long Term Care
11    for  Under Age 22 facilities, the rates taking effect on July
12    1, 1999 shall include an increase  of  1.6%  plus  $3.00  per
13    resident-day,  as  defined by the Department.  For facilities
14    licensed by the Department of Public Health under the Nursing
15    Home Care Act as Skilled Nursing facilities  or  Intermediate
16    Care  facilities,  the  rates  taking  effect on July 1, 1999
17    shall include an increase of 1.6% and, for services  provided
18    on  or after October 1, 1999, shall be increased by $4.00 per
19    resident-day, as defined by the Department.
20        Rates established effective  each  July  1  shall  govern
21    payment  for  services  rendered throughout that fiscal year,
22    except that rates  established  on  July  1,  1996  shall  be
23    increased  by  6.8% for services provided on or after January
24    1, 1997, and except that for those facilities with rates less
25    than the actual, audited costs, rates established on July  1,
26    2000  shall  be  increased  to  no less than the lower of the
27    average costs in the facility's geographic area as defined by
28    the  Department  or  the  facility's  1998  actual   audited,
29    adjusted  costs.   In no case shall a facility's July 1, 2000
30    rate be less than its January 1, 1999 rate. Such  rates  will
31    be  based  upon  the  rates calculated for the year beginning
32    July 1, 1990, and for subsequent years  thereafter  shall  be
33    based  on  the  facility cost reports for the facility fiscal
34    year ending at any point in time during the previous calendar
 
                            -3-               LRB9110736DJcdA
 1    year, updated to the midpoint of the  rate  year.   The  cost
 2    report  shall  be  on  file with the Department no later than
 3    April 1 of the current rate year.  Should the cost report not
 4    be on file by April 1, the Department shall base the rate  on
 5    the  latest  cost  report filed by each skilled care facility
 6    and intermediate care facility, updated to  the  midpoint  of
 7    the  current  rate  year.   In determining rates for services
 8    rendered on and after July 1, 1985, fixed time shall  not  be
 9    computed  at  less  than zero.  The Department shall not make
10    any  alterations  of  regulations  which  would  reduce   any
11    component  of  the  Medicaid  rate to a level below what that
12    component would have been utilizing in the rate effective  on
13    July 1, 1984.
14        (2)  Shall take into account the actual costs incurred by
15    facilities  in  providing  services for recipients of skilled
16    nursing and intermediate  care  services  under  the  medical
17    assistance program.
18        (3)  Shall    take   into   account   the   medical   and
19    psycho-social characteristics and needs of the patients.
20        (4)  Shall take into account the actual costs incurred by
21    facilities in meeting licensing and  certification  standards
22    imposed  and  prescribed by the State of Illinois, any of its
23    political subdivisions or municipalities and  by  the  United
24    States  Department  of Health, Education and Welfare pursuant
25    to Title XIX of the Social Security Act.
26        The  Department  of  Public  Aid  shall  develop  precise
27    standards for payments to reimburse  nursing  facilities  for
28    any  utilization  of appropriate rehabilitative personnel for
29    the provision of rehabilitative services which is  authorized
30    by  federal regulations, including reimbursement for services
31    provided by qualified therapists or qualified assistants, and
32    which is in accordance with accepted professional  practices.
33    Reimbursement  also  may  be  made  for  utilization of other
34    supportive personnel under appropriate supervision.
 
                            -4-               LRB9110736DJcdA
 1    (Source: P.A. 90-9, eff. 7-1-97; 90-588, eff. 7-1-98;  91-24,
 2    eff. 7-1-99.)

 3        Section  99.  Effective date.  This Act takes effect July
 4    1, 2000.

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