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92_SB1981 LRB9214472DJmb 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 adding Section 5-5.04 as follows: 6 (305 ILCS 5/5-5.04 new) 7 Sec. 5-5.04. Hospital payment restoration. 8 (a) The General Assembly finds the following: 9 (1) Through the Medicaid program, the Illinois 10 Department of Public Aid insures approximately 1,500,000 11 people, or about one out of every 8 Illinois residents. 12 (2) The Illinois Department of Public Aid pays for 13 2 out of every 5 births in this State. 14 (3) The average Illinois hospital receives 12% of 15 its patient revenue from Medicaid, with some hospitals 16 far more dependent on the Medicaid program. 17 (4) Hospitals are required by State and federal law 18 to examine and stabilize or appropriately transfer all 19 persons who come to the emergency room, regardless of 20 their ability to pay. 21 (5) A growing number of Illinois residents do not 22 have health insurance and do not qualify for Medicaid, 23 causing hospitals to provide an increasing amount of care 24 for which they are not paid. 25 (6) The base payments for inpatient hospital 26 services have effectively been frozen since 1992. 27 (7) Illinois Medicaid payments to hospitals cover, 28 on average, far less than the actual cost of providing 29 care. 30 (8) Illinois hospitals are significant contributors 31 to the Illinois economy and employ over 200,000 people. -2- LRB9214472DJmb 1 (9) The reductions in payments to hospitals for 2 inpatient and outpatient services implemented by the 3 Illinois Department of Public Aid in December 2001 and 4 January 2002, even after the partial restoration of some 5 payments, will still reduce Medicaid payments to 6 hospitals by almost $100,000,000 in the remainder of 7 State Fiscal Year 2002. 8 (10) The hospital payment reductions implemented by 9 the Illinois Department of Public Aid will result in 10 hospitals reducing services, postponing improvements in 11 equipment and facilities, laying off employees, and 12 having greater difficulty in recruiting physicians, 13 nurses, and other staff, all of which will threaten the 14 ability of Illinois residents to obtain reasonable access 15 to health care services. 16 (11) The reductions in hospital payments 17 implemented by the Illinois Department of Public Aid in 18 December 2001 and January 2002 should be repealed 19 immediately, retroactive to the date of their 20 implementation. 21 (b) Notwithstanding any other provision of law, for 22 hospital inpatient and outpatient services provided on or 23 after December 1, 2001, the Illinois Department of Public Aid 24 shall reimburse hospitals using payment rates that are no 25 less than the payment rates in effect for each hospital as of 26 November 30, 2001. For purposes of this subsection, "payment 27 rates" include inpatient and outpatient rates and the 28 criteria and methodologies for any adjustment payments, 29 including, but not limited to, critical hospital adjustment 30 payments, tertiary care adjustment payments, pediatric 31 inpatient and pediatric outpatient adjustment payments, and 32 additional payments for outlier cases. 33 (c) The Illinois Department of Public Aid shall 34 implement this Section through the use of emergency rules in -3- LRB9214472DJmb 1 accordance with the provisions of Section 5-45 of the 2 Illinois Administrative Procedure Act. The adoption of 3 emergency rules authorized by this subsection shall be deemed 4 to be necessary for the public interest, safety, and welfare. 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.