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92_SB0370 LRB9207841DJmg 1 AN ACT in relation to public aid. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Public Aid Code is amended by 5 changing Section 5-5.4 as follows: 6 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4) 7 Sec. 5-5.4. Standards of Payment - Department of Public 8 Aid. The Department of Public Aid shall develop standards of 9 payment of skilled nursing and intermediate care services in 10 facilities providing such services under this Article which: 11 (1) Provides for the determination of a facility's 12 payment for skilled nursing and intermediate care services on 13 a prospective basis. The amount of the payment rate for all 14 nursing facilities certified under the medical assistance 15 program shall be prospectively established annually on the 16 basis of historical, financial, and statistical data 17 reflecting actual costs from prior years, which shall be 18 applied to the current rate year and updated for inflation, 19 except that the capital cost element for newly constructed 20 facilities shall be based upon projected budgets. The 21 annually established payment rate shall take effect on July 1 22 in 1984 and subsequent years. Rate increases shall be 23 provided annually thereafter on July 1 in 1984 and on each 24 subsequent July 1 in the following years, except that no rate 25 increase and no update for inflation shall be provided on or 26 after July 1, 1994 and before July 1, 20022001, unless 27 specifically provided for in this Section. 28 For facilities licensed by the Department of Public 29 Health under the Nursing Home Care Act as Intermediate Care 30 for the Developmentally Disabled facilities or Long Term Care 31 for Under Age 22 facilities, the rates taking effect on July -2- LRB9207841DJmg 1 1, 1998 shall include an increase of 3%. For facilities 2 licensed by the Department of Public Health under the Nursing 3 Home Care Act as Skilled Nursing facilities or Intermediate 4 Care facilities, the rates taking effect on July 1, 1998 5 shall include an increase of 3% plus $1.10 per resident-day, 6 as defined by the Department. 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, 1999 shall include an increase of 1.6% plus $3.00 per 12 resident-day, as defined by the Department. For facilities 13 licensed by the Department of Public Health under the Nursing 14 Home Care Act as Skilled Nursing facilities or Intermediate 15 Care facilities, the rates taking effect on July 1, 1999 16 shall include an increase of 1.6% and, for services provided 17 on or after October 1, 1999, shall be increased by $4.00 per 18 resident-day, as defined by the Department. 19 For facilities licensed by the Department of Public 20 Health under the Nursing Home Care Act as Intermediate Care 21 for the Developmentally Disabled facilities or Long Term Care 22 for Under Age 22 facilities, the rates taking effect on July 23 1, 2000 shall include an increase of 2.5% per resident-day, 24 as defined by the Department. For facilities licensed by the 25 Department of Public Health under the Nursing Home Care Act 26 as Skilled Nursing facilities or Intermediate Care 27 facilities, the rates taking effect on July 1, 2000 shall 28 include an increase of 2.5% per resident-day, as defined by 29 the Department. 30 Rates established effective each July 1 shall govern 31 payment for services rendered throughout that fiscal year, 32 except that rates established on July 1, 1996 shall be 33 increased by 6.8% for services provided on or after January 34 1, 1997. Such rates will be based upon the rates calculated -3- LRB9207841DJmg 1 for the year beginning July 1, 1990, and for subsequent years 2 thereafter shall be based on the facility cost reports for 3 the facility fiscal year ending at any point in time during 4 the previous calendar year, updated to the midpoint of the 5 rate year. The cost report shall be on file with the 6 Department no later than April 1 of the current rate year. 7 Should the cost report not be on file by April 1, the 8 Department shall base the rate on the latest cost report 9 filed by each skilled care facility and intermediate care 10 facility, updated to the midpoint of the current rate year. 11 In determining rates for services rendered on and after July 12 1, 1985, fixed time shall not be computed at less than zero. 13 The Department shall not make any alterations of regulations 14 which would reduce any component of the Medicaid rate to a 15 level below what that component would have been utilizing in 16 the rate effective on July 1, 1984. 17 (2) Shall take into account the actual costs incurred by 18 facilities in providing services for recipients of skilled 19 nursing and intermediate care services under the medical 20 assistance program. 21 (3) Shall take into account the medical and 22 psycho-social characteristics and needs of the patients. 23 (4) Shall take into account the actual costs incurred by 24 facilities in meeting licensing and certification standards 25 imposed and prescribed by the State of Illinois, any of its 26 political subdivisions or municipalities and by the U.S. 27 Department of Health and Human Services pursuant to Title XIX 28 of the Social Security Act. 29 The Department of Public Aid shall develop precise 30 standards for payments to reimburse nursing facilities for 31 any utilization of appropriate rehabilitative personnel for 32 the provision of rehabilitative services which is authorized 33 by federal regulations, including reimbursement for services 34 provided by qualified therapists or qualified assistants, and -4- LRB9207841DJmg 1 which is in accordance with accepted professional practices. 2 Reimbursement also may be made for utilization of other 3 supportive personnel under appropriate supervision. 4 (Source: P.A. 90-9, eff. 7-1-97; 90-588, eff. 7-1-98; 91-24, 5 eff. 7-1-99; 91-712, eff. 7-1-00.) 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.