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92_HB3538ham002 LRB9207062DJgcam01 1 AMENDMENT TO HOUSE BILL 3538 2 AMENDMENT NO. . Amend House Bill 3538, AS AMENDED, 3 by replacing everything after the enacting clause with the 4 following: 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 -2- LRB9207062DJgcam01 1 in 1984 and subsequent years. Rate increases shall be 2 provided annually thereafter on July 1 in 1984 and on each 3 subsequent July 1 in the following years, except that no rate 4 increase and no update for inflation shall be provided on or 5 after July 1, 1994 and before July 1, 2001, unless 6 specifically provided for in this Section. 7 For facilities licensed by the Department of Public 8 Health under the Nursing Home Care Act as Intermediate Care 9 for the Developmentally Disabled facilities or Long Term Care 10 for Under Age 22 facilities, the rates taking effect on July 11 1, 1998 shall include an increase of 3%. For facilities 12 licensed by the Department of Public Health under the Nursing 13 Home Care Act as Skilled Nursing facilities or Intermediate 14 Care facilities, the rates taking effect on July 1, 1998 15 shall include an increase of 3% plus $1.10 per resident-day, 16 as defined by the Department. 17 For facilities licensed by the Department of Public 18 Health under the Nursing Home Care Act as Intermediate Care 19 for the Developmentally Disabled facilities or Long Term Care 20 for Under Age 22 facilities, the rates taking effect on July 21 1, 1999 shall include an increase of 1.6% plus $3.00 per 22 resident-day, as defined by the Department. For facilities 23 licensed by the Department of Public Health under the Nursing 24 Home Care Act as Skilled Nursing facilities or Intermediate 25 Care facilities, the rates taking effect on July 1, 1999 26 shall include an increase of 1.6% and, for services provided 27 on or after October 1, 1999, shall be increased by $4.00 per 28 resident-day, as defined by the Department. 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 32 for Under Age 22 facilities, the rates taking effect on July 33 1, 2000 shall include an increase of 2.5% per resident-day, 34 as defined by the Department. For facilities licensed by the -3- LRB9207062DJgcam01 1 Department of Public Health under the Nursing Home Care Act 2 as Skilled Nursing facilities or Intermediate Care 3 facilities, the rates taking effect on July 1, 2000 shall 4 include an increase of 2.5% per resident-day, as defined by 5 the Department. 6 For facilities licensed by the Department of Public 7 Health under the Nursing Home Care Act as skilled nursing 8 facilities or intermediate care facilities, the rates taking 9 effect on July 1, 2001 and each subsequent July 1 shall be 10 computed using the most recent cost reports filed with the 11 Department of Public Aid no later than April 1 of the prior 12 year. For rates effective July 1, 2001 only, rates shall be 13 the greater of the rate computed for July 1, 2001 or the rate 14 effective on June 30, 2001. 15 For facilities licensed by the Department of Public 16 Health under the Nursing Home Care Act as skilled nursing 17 facilities or intermediate care facilities, a new payment 18 methodology must be implemented for the nursing component of 19 the rate effective January 1, 2002. The Department of Public 20 Aid shall develop the new payment methodology using the 21 federal Minimum Data Set (MDS) as the instrument to collect 22 information concerning nursing home resident condition 23 necessary to compute the rate. The new payment methodology 24 must be developed to meet the unique needs of Illinois 25 nursing home residents. Rates based on the new payment 26 methodology must be phased in over a 4-year period using a 27 blend of the rate based on the nursing rate payment 28 methodology in effect on December 31, 2001 and the new 29 payment methodology effective January 1, 2002 as follows: 30 (A) For rates effective January 1, 2002 through 31 December 31, 2002, the nursing component of the rate must 32 be comprised of a blend of 75% of the rate based on the 33 payment methodology in effect on December 31, 2001 and 34 25% of the rate in effect on January 1, 2002. -4- LRB9207062DJgcam01 1 (B) For rates effective January 1, 2003 through 2 December 31, 2003, the nursing component of the rate must 3 be comprised of a blend of 50% of the rate based on the 4 payment methodology in effect on December 31, 2001 and 5 50% of the rate in effect on January 1, 2002. 6 (C) For rates effective January 1, 2004 through 7 December 31, 2004, the nursing component of the rate must 8 be comprised of a blend of 25% of the rate based on the 9 payment methodology in effect on December 31, 2001 and 10 75% of the rate in effect on January 1, 2002. 11 (D) For rates effective January 1, 2005 and 12 thereafter, the nursing component of the rate must be 13 comprised of 100% of the rate based on the payment 14 methodology in effect on January 1, 2002. 15 Rates established effective each July 1 shall govern 16 payment for services rendered throughout that fiscal year, 17 except that rates established on July 1, 1996 shall be 18 increased by 6.8% for services provided on or after January 19 1, 1997. Such rates will be based upon the rates calculated 20 for the year beginning July 1, 1990, and for subsequent years 21 thereafter shall be based on the facility cost reports for 22 the facility fiscal year ending at any point in time during 23 the previous calendar year, updated to the midpoint of the 24 rate year, except that rates effective July 1, 2001 and 25 thereafter shall be updated for inflation to January 1 of the 26 current calendar year. The cost report shall be on file with 27 the Department no later than April 1 of the current rate 28 year. Should the cost report not be on file by April 1, the 29 Department shall base the rate on the latest cost report 30 filed by each skilled care facility and intermediate care 31 facility, updated to the midpoint of the current rate year. 32 In determining rates for services rendered on and after July 33 1, 1985, fixed time shall not be computed at less than zero. 34 The Department shall not make any alterations of regulations -5- LRB9207062DJgcam01 1 which would reduce any component of the Medicaid rate to a 2 level below what that component would have been utilizing in 3 the rate effective on July 1, 1984. 4 (2) Shall take into account the actual costs incurred by 5 facilities in providing services for recipients of skilled 6 nursing and intermediate care services under the medical 7 assistance program. 8 (3) Shall take into account the medical and 9 psycho-social characteristics and needs of the patients. 10 (4) Shall take into account the actual costs incurred by 11 facilities in meeting licensing and certification standards 12 imposed and prescribed by the State of Illinois, any of its 13 political subdivisions or municipalities and by the U.S. 14 Department of Health and Human Services pursuant to Title XIX 15 of the Social Security Act. 16 The Department of Public Aid shall develop precise 17 standards for payments to reimburse nursing facilities for 18 any utilization of appropriate rehabilitative personnel for 19 the provision of rehabilitative services which is authorized 20 by federal regulations, including reimbursement for services 21 provided by qualified therapists or qualified assistants, and 22 which is in accordance with accepted professional practices. 23 Reimbursement also may be made for utilization of other 24 supportive personnel under appropriate supervision. 25 (Source: P.A. 90-9, eff. 7-1-97; 90-588, eff. 7-1-98; 91-24, 26 eff. 7-1-99; 91-712, eff. 7-1-00.) 27 Section 99. Effective date. This Act takes effect upon 28 becoming law.".