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91_SB1660ham001 LRB9109396WHcdam 1 AMENDMENT TO SENATE BILL 1660 2 AMENDMENT NO. . Amend Senate Bill 1660 on page 1, 3 line 2 by inserting after "5-16.3" the following: 4 "and changing Section 5-5.4"; and 5 on page 1, by inserting after line 7 the following: 6 "Section 10. The Illinois Public Aid Code is amended by 7 changing Section 5-5.4 as follows: 8 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4) 9 Sec. 5-5.4. Standards of Payment - Department of Public 10 Aid. The Department of Public Aid shall develop standards of 11 payment of skilled nursing and intermediate care services in 12 facilities providing such services under this Article which: 13 (1) Provides for the determination of a facility's 14 payment for skilled nursing and intermediate care services on 15 a prospective basis. The amount of the payment rate for all 16 nursing facilities certified under the medical assistance 17 program shall be prospectively established annually on the 18 basis of historical, financial, and statistical data 19 reflecting actual costs from prior years, which shall be 20 applied to the current rate year and updated for inflation, 21 except that the capital cost element for newly constructed -2- LRB9109396WHcdam 1 facilities shall be based upon projected budgets. The 2 annually established payment rate shall take effect on July 1 3 in 1984 and subsequent years. Rate increases shall be 4 provided annually thereafter on July 1 in 1984 and on each 5 subsequent July 1 in the following years, except that no rate 6 increase and no update for inflation shall be provided on or 7 after July 1, 1994 and before July 1, 2000, unless 8 specifically provided for in this Section. 9 For all facilities that (i) are licensed by the 10 Department of Public Health under the Nursing Home Care Act 11 as Intermediate Care for the Developmentally Disabled 12 facilities, (ii) have a capacity of 100 or more beds, and 13 (iii) received a permit required under Sections 5 and 13.1 of 14 the Illinois Health Facilities Planning Act after July 1, 15 1994, the capital cost element of the rates shall be 16 increased to reimburse 100% of the permit amount set forth in 17 the permit issued by the Illinois Health Facilities Planning 18 Board and actually incurred. Subject to appropriation, the 19 increase shall take effect on the date the permitted 20 structure is licensed or the permitted equipment is 21 installed. If that date is before the effective date of this 22 amendatory Act of the 91st General Assembly, the increase 23 shall be retroactive to that date of licensure or 24 installation and the total rate shall be adjusted to 25 incorporate all rate increases taking effect after that date. 26 For facilities licensed by the Department of Public 27 Health under the Nursing Home Care Act as Intermediate Care 28 for the Developmentally Disabled facilities or Long Term Care 29 for Under Age 22 facilities, the rates taking effect on July 30 1, 1998 shall include an increase of 3%. For facilities 31 licensed by the Department of Public Health under the Nursing 32 Home Care Act as Skilled Nursing facilities or Intermediate 33 Care facilities, the rates taking effect on July 1, 1998 34 shall include an increase of 3% plus $1.10 per resident-day, -3- LRB9109396WHcdam 1 as defined by the Department. 2 For facilities licensed by the Department of Public 3 Health under the Nursing Home Care Act as Intermediate Care 4 for the Developmentally Disabled facilities or Long Term Care 5 for Under Age 22 facilities, the rates taking effect on July 6 1, 1999 shall include an increase of 1.6% plus $3.00 per 7 resident-day, as defined by the Department. For facilities 8 licensed by the Department of Public Health under the Nursing 9 Home Care Act as Skilled Nursing facilities or Intermediate 10 Care facilities, the rates taking effect on July 1, 1999 11 shall include an increase of 1.6% and, for services provided 12 on or after October 1, 1999, shall be increased by $4.00 per 13 resident-day, as defined by the Department. 14 Rates established effective each July 1 shall govern 15 payment for services rendered throughout that fiscal year, 16 except that rates established on July 1, 1996 shall be 17 increased by 6.8% for services provided on or after January 18 1, 1997. Such rates will be based upon the rates calculated 19 for the year beginning July 1, 1990, and for subsequent years 20 thereafter shall be based on the facility cost reports for 21 the facility fiscal year ending at any point in time during 22 the previous calendar year, updated to the midpoint of the 23 rate year. The cost report shall be on file with the 24 Department no later than April 1 of the current rate year. 25 Should the cost report not be on file by April 1, the 26 Department shall base the rate on the latest cost report 27 filed by each skilled care facility and intermediate care 28 facility, updated to the midpoint of the current rate year. 29 In determining rates for services rendered on and after July 30 1, 1985, fixed time shall not be computed at less than zero. 31 The Department shall not make any alterations of regulations 32 which would reduce any component of the Medicaid rate to a 33 level below what that component would have been utilizing in 34 the rate effective on July 1, 1984. -4- LRB9109396WHcdam 1 (2) Shall take into account the actual costs incurred by 2 facilities in providing services for recipients of skilled 3 nursing and intermediate care services under the medical 4 assistance program. 5 (3) Shall take into account the medical and 6 psycho-social characteristics and needs of the patients. 7 (4) Shall take into account the actual costs incurred by 8 facilities in meeting licensing and certification standards 9 imposed and prescribed by the State of Illinois, any of its 10 political subdivisions or municipalities and by the United 11 States Department of Health, Education and Welfare pursuant 12 to Title XIX of the Social Security Act. 13 The Department of Public Aid shall develop precise 14 standards for payments to reimburse nursing facilities for 15 any utilization of appropriate rehabilitative personnel for 16 the provision of rehabilitative services which is authorized 17 by federal regulations, including reimbursement for services 18 provided by qualified therapists or qualified assistants, and 19 which is in accordance with accepted professional practices. 20 Reimbursement also may be made for utilization of other 21 supportive personnel under appropriate supervision. 22 (Source: P.A. 90-9, eff. 7-1-97; 90-588, eff. 7-1-98; 91-24, 23 eff. 7-1-99.) 24 Section 99. Effective date. Section 10 and this Section 25 take effect on July 1, 2000.".