State of Illinois
92nd General Assembly
Legislation

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92_SB1981

 
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 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.

 
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 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
 
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 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.

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