Public Act 93-0020
SB742 Enrolled LRB093 03019 RCE 03036 b
AN ACT concerning budget implementation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 1.
Section 1-1. Short title. This Act may be cited as the
FY2004 Budget Implementation (Health and Human Services) Act.
Section 1-5. Purpose. It is the purpose of this Act to
make changes relating to health and human services that are
necessary to implement the State's FY2004 budget.
ARTICLE 3.
Section 3-5. The Illinois Administrative Procedure Act
is amended by changing Section 5-45 as follows:
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
Sec. 5-45. Emergency rulemaking.
(a) "Emergency" means the existence of any situation
that any agency finds reasonably constitutes a threat to the
public interest, safety, or welfare.
(b) If any agency finds that an emergency exists that
requires adoption of a rule upon fewer days than is required
by Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency
rulemaking with the Secretary of State under Section 5-70.
The notice shall include the text of the emergency rule and
shall be published in the Illinois Register. Consent orders
or other court orders adopting settlements negotiated by an
agency may be adopted under this Section. Subject to
applicable constitutional or statutory provisions, an
emergency rule becomes effective immediately upon filing
under Section 5-65 or at a stated date less than 10 days
thereafter. The agency's finding and a statement of the
specific reasons for the finding shall be filed with the
rule. The agency shall take reasonable and appropriate
measures to make emergency rules known to the persons who may
be affected by them.
(c) An emergency rule may be effective for a period of
not longer than 150 days, but the agency's authority to adopt
an identical rule under Section 5-40 is not precluded. No
emergency rule may be adopted more than once in any 24 month
period, except that this limitation on the number of
emergency rules that may be adopted in a 24 month period does
not apply to (i) emergency rules that make additions to and
deletions from the Drug Manual under Section 5-5.16 of the
Illinois Public Aid Code or the generic drug formulary under
Section 3.14 of the Illinois Food, Drug and Cosmetic Act or
(ii) emergency rules adopted by the Pollution Control Board
before July 1, 1997 to implement portions of the Livestock
Management Facilities Act. Two or more emergency rules
having substantially the same purpose and effect shall be
deemed to be a single rule for purposes of this Section.
(d) In order to provide for the expeditious and timely
implementation of the State's fiscal year 1999 budget,
emergency rules to implement any provision of Public Act
90-587 or 90-588 or any other budget initiative for fiscal
year 1999 may be adopted in accordance with this Section by
the agency charged with administering that provision or
initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (d). The adoption of emergency rules authorized
by this subsection (d) shall be deemed to be necessary for
the public interest, safety, and welfare.
(e) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2000 budget,
emergency rules to implement any provision of this amendatory
Act of the 91st General Assembly or any other budget
initiative for fiscal year 2000 may be adopted in accordance
with this Section by the agency charged with administering
that provision or initiative, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (e). The adoption of emergency
rules authorized by this subsection (e) shall be deemed to be
necessary for the public interest, safety, and welfare.
(f) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2001 budget,
emergency rules to implement any provision of this amendatory
Act of the 91st General Assembly or any other budget
initiative for fiscal year 2001 may be adopted in accordance
with this Section by the agency charged with administering
that provision or initiative, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (f). The adoption of emergency
rules authorized by this subsection (f) shall be deemed to be
necessary for the public interest, safety, and welfare.
(g) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2002 budget,
emergency rules to implement any provision of this amendatory
Act of the 92nd General Assembly or any other budget
initiative for fiscal year 2002 may be adopted in accordance
with this Section by the agency charged with administering
that provision or initiative, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (g). The adoption of emergency
rules authorized by this subsection (g) shall be deemed to be
necessary for the public interest, safety, and welfare.
(h) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2003 budget,
emergency rules to implement any provision of this amendatory
Act of the 92nd General Assembly or any other budget
initiative for fiscal year 2003 may be adopted in accordance
with this Section by the agency charged with administering
that provision or initiative, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (h). The adoption of emergency
rules authorized by this subsection (h) shall be deemed to be
necessary for the public interest, safety, and welfare.
(i) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2004 budget,
emergency rules to implement any provision of this amendatory
Act of the 93rd General Assembly or any other budget
initiative for fiscal year 2004 may be adopted in accordance
with this Section by the agency charged with administering
that provision or initiative, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (i). The adoption of emergency
rules authorized by this subsection (i) shall be deemed to be
necessary for the public interest, safety, and welfare.
(Source: P.A. 91-24, eff. 7-1-99; 91-357, eff. 7-29-99;
91-712, eff. 7-1-00; 92-10, eff. 6-11-01; 92-597, eff.
6-28-02.)
ARTICLE 5.
Section 5-5. The State Finance Act is amended by
changing Sections 6z-30 and 6z-58 as follows:
(30 ILCS 105/6z-30)
Sec. 6z-30. University of Illinois Hospital Services
Fund.
(a) The University of Illinois Hospital Services Fund is
created as a special fund in the State Treasury. The
following moneys shall be deposited into the Fund:
(1) As soon as possible after the beginning of each
fiscal year (starting in fiscal year 1995), and in no
event later than July 30, the State Comptroller and the
State Treasurer shall automatically transfer $44,700,000
from the General Revenue Fund to the University of
Illinois Hospital Services Fund.
(2) All intergovernmental transfer payments to the
Illinois Department of Public Aid by the University of
Illinois Hospital made pursuant to an intergovernmental
agreement under subsection (b) or (c) of Section 5A-3 of
the Illinois Public Aid Code.
(3) All federal matching funds received by the
Illinois Department of Public Aid as a result of
expenditures made by the Illinois Department that are
attributable to moneys that were deposited in the Fund.
(b) Moneys in the fund may be used by the Illinois
Department of Public Aid, subject to appropriation, to
reimburse the University of Illinois Hospital for hospital
and pharmacy services. The fund may also be used to make
monthly transfers to the General Revenue Fund as provided in
subsection (c).
(c) The State Comptroller and State Treasurer shall
automatically transfer on the last day of each month except
June, beginning August 31, 1994, from the University of
Illinois Hospital Services Fund to the General Revenue Fund,
an amount determined and certified to the State Comptroller
by the Director of Public Aid, equal to the amount by which
the balance in the Fund exceeds the amount necessary to
ensure timely payments to the University of Illinois
Hospital.
On June 30, 1995 and each June 30 thereafter, the State
Comptroller and State Treasurer shall automatically transfer
the entire balance in the University of Illinois Hospital
Services Fund to the General Revenue Fund.
(Source: P.A. 88-554, eff. 7-26-94; 89-499, eff. 6-28-96.)
(30 ILCS 105/6z-58)
Sec. 6z-58. The Family Care Fund.
(a) There is created in the State treasury the Family
Care Fund. Interest earned by the Fund shall be credited to
the Fund.
(b) The Fund is created solely for the purposes of
receiving, investing, and distributing moneys in accordance
with an approved waiver under the Social Security Act
resulting from the Family Care waiver request submitted by
the Illinois Department of Public Aid on February 15, 2002.
The Fund shall consist of:
(1) All federal financial participation moneys
received pursuant to the approved waiver, except for
moneys received pursuant to expenditures for medical
services by the Department of Public Aid from any other
fund; and
(2) All other moneys received by the Fund from any
source, including interest thereon.
(c) Subject to appropriation, the moneys in the Fund
shall be disbursed for reimbursement of medical services and
other costs associated with persons receiving such services
under the waiver due to their relationship with children
receiving medical services pursuant to Article V of the
Illinois Public Aid Code or the Children's Health Insurance
Program Act.
(Source: P.A. 92-600, eff. 6-28-02.)
ARTICLE 15.
Section 15-5. The Illinois Public Aid Code is amended by
changing Sections 5-2, 5-5.4, 10-26, 12-8.1, 12-9, 14-8, and
15-5 and adding Section 5-5.4b as follows:
(305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
Sec. 5-2. Classes of Persons Eligible. Medical
assistance under this Article shall be available to any of
the following classes of persons in respect to whom a plan
for coverage has been submitted to the Governor by the
Illinois Department and approved by him:
1. Recipients of basic maintenance grants under Articles
III and IV.
2. Persons otherwise eligible for basic maintenance
under Articles III and IV but who fail to qualify thereunder
on the basis of need, and who have insufficient income and
resources to meet the costs of necessary medical care,
including but not limited to the following:
(a) All persons otherwise eligible for basic
maintenance under Article III but who fail to qualify
under that Article on the basis of need and who meet
either of the following requirements:
(i) their income, as determined by the
Illinois Department in accordance with any federal
requirements, is equal to or less than 70% in fiscal
year 2001, equal to or less than 85% in fiscal year
2002 and until a date to be determined by the
Department by rule, and equal to or less than 100%
beginning on the date determined by the Department
by rule, of the nonfarm income official poverty
line, as defined by the federal Office of Management
and Budget and revised annually in accordance with
Section 673(2) of the Omnibus Budget Reconciliation
Act of 1981, applicable to families of the same
size; or
(ii) their income, after the deduction of
costs incurred for medical care and for other types
of remedial care, is equal to or less than 70% in
fiscal year 2001, equal to or less than 85% in
fiscal year 2002 and until a date to be determined
by the Department by rule, and equal to or less than
100% beginning on the date determined by the
Department by rule, of the nonfarm income official
poverty line, as defined in item (i) of this
subparagraph (a).
(b) All persons who would be determined eligible
for such basic maintenance under Article IV by
disregarding the maximum earned income permitted by
federal law.
3. Persons who would otherwise qualify for Aid to the
Medically Indigent under Article VII.
4. Persons not eligible under any of the preceding
paragraphs who fall sick, are injured, or die, not having
sufficient money, property or other resources to meet the
costs of necessary medical care or funeral and burial
expenses.
5. (a) Women during pregnancy, after the fact of
pregnancy has been determined by medical diagnosis, and
during the 60-day period beginning on the last day of the
pregnancy, together with their infants and children born
after September 30, 1983, whose income and resources are
insufficient to meet the costs of necessary medical care
to the maximum extent possible under Title XIX of the
Federal Social Security Act.
(b) The Illinois Department and the Governor shall
provide a plan for coverage of the persons eligible under
paragraph 5(a) by April 1, 1990. Such plan shall provide
ambulatory prenatal care to pregnant women during a
presumptive eligibility period and establish an income
eligibility standard that is equal to 133% of the nonfarm
income official poverty line, as defined by the federal
Office of Management and Budget and revised annually in
accordance with Section 673(2) of the Omnibus Budget
Reconciliation Act of 1981, applicable to families of the
same size, provided that costs incurred for medical care
are not taken into account in determining such income
eligibility.
(c) The Illinois Department may conduct a
demonstration in at least one county that will provide
medical assistance to pregnant women, together with their
infants and children up to one year of age, where the
income eligibility standard is set up to 185% of the
nonfarm income official poverty line, as defined by the
federal Office of Management and Budget. The Illinois
Department shall seek and obtain necessary authorization
provided under federal law to implement such a
demonstration. Such demonstration may establish resource
standards that are not more restrictive than those
established under Article IV of this Code.
6. Persons under the age of 18 who fail to qualify as
dependent under Article IV and who have insufficient income
and resources to meet the costs of necessary medical care to
the maximum extent permitted under Title XIX of the Federal
Social Security Act.
7. Persons who are under 21 18 years of age or younger
and would qualify as disabled as defined under the Federal
Supplemental Security Income Program, provided medical
service for such persons would be eligible for Federal
Financial Participation, and provided the Illinois Department
determines that:
(a) the person requires a level of care provided by
a hospital, skilled nursing facility, or intermediate
care facility, as determined by a physician licensed to
practice medicine in all its branches;
(b) it is appropriate to provide such care outside
of an institution, as determined by a physician licensed
to practice medicine in all its branches;
(c) the estimated amount which would be expended
for care outside the institution is not greater than the
estimated amount which would be expended in an
institution.
8. Persons who become ineligible for basic maintenance
assistance under Article IV of this Code in programs
administered by the Illinois Department due to employment
earnings and persons in assistance units comprised of adults
and children who become ineligible for basic maintenance
assistance under Article VI of this Code due to employment
earnings. The plan for coverage for this class of persons
shall:
(a) extend the medical assistance coverage for up
to 12 months following termination of basic maintenance
assistance; and
(b) offer persons who have initially received 6
months of the coverage provided in paragraph (a) above,
the option of receiving an additional 6 months of
coverage, subject to the following:
(i) such coverage shall be pursuant to
provisions of the federal Social Security Act;
(ii) such coverage shall include all services
covered while the person was eligible for basic
maintenance assistance;
(iii) no premium shall be charged for such
coverage; and
(iv) such coverage shall be suspended in the
event of a person's failure without good cause to
file in a timely fashion reports required for this
coverage under the Social Security Act and coverage
shall be reinstated upon the filing of such reports
if the person remains otherwise eligible.
9. Persons with acquired immunodeficiency syndrome
(AIDS) or with AIDS-related conditions with respect to whom
there has been a determination that but for home or
community-based services such individuals would require the
level of care provided in an inpatient hospital, skilled
nursing facility or intermediate care facility the cost of
which is reimbursed under this Article. Assistance shall be
provided to such persons to the maximum extent permitted
under Title XIX of the Federal Social Security Act.
10. Participants in the long-term care insurance
partnership program established under the Partnership for
Long-Term Care Act who meet the qualifications for protection
of resources described in Section 25 of that Act.
11. Persons with disabilities who are employed and
eligible for Medicaid, pursuant to Section
1902(a)(10)(A)(ii)(xv) of the Social Security Act, as
provided by the Illinois Department by rule.
12. Subject to federal approval, persons who are
eligible for medical assistance coverage under applicable
provisions of the federal Social Security Act and the federal
Breast and Cervical Cancer Prevention and Treatment Act of
2000. Those eligible persons are defined to include, but not
be limited to, the following persons:
(1) persons who have been screened for breast or
cervical cancer under the U.S. Centers for Disease
Control and Prevention Breast and Cervical Cancer Program
established under Title XV of the federal Public Health
Services Act in accordance with the requirements of
Section 1504 of that Act as administered by the Illinois
Department of Public Health; and
(2) persons whose screenings under the above
program were funded in whole or in part by funds
appropriated to the Illinois Department of Public Health
for breast or cervical cancer screening.
"Medical assistance" under this paragraph 12 shall be
identical to the benefits provided under the State's approved
plan under Title XIX of the Social Security Act. The
Department must request federal approval of the coverage
under this paragraph 12 within 30 days after the effective
date of this amendatory Act of the 92nd General Assembly.
The Illinois Department and the Governor shall provide a
plan for coverage of the persons eligible under paragraph 7
as soon as possible after July 1, 1984.
The eligibility of any such person for medical assistance
under this Article is not affected by the payment of any
grant under the Senior Citizens and Disabled Persons Property
Tax Relief and Pharmaceutical Assistance Act or any
distributions or items of income described under subparagraph
(X) of paragraph (2) of subsection (a) of Section 203 of the
Illinois Income Tax Act. The Department shall by rule
establish the amounts of assets to be disregarded in
determining eligibility for medical assistance, which shall
at a minimum equal the amounts to be disregarded under the
Federal Supplemental Security Income Program. The amount of
assets of a single person to be disregarded shall not be less
than $2,000, and the amount of assets of a married couple to
be disregarded shall not be less than $3,000.
To the extent permitted under federal law, any person
found guilty of a second violation of Article VIIIA shall be
ineligible for medical assistance under this Article, as
provided in Section 8A-8.
The eligibility of any person for medical assistance
under this Article shall not be affected by the receipt by
the person of donations or benefits from fundraisers held for
the person in cases of serious illness, as long as neither
the person nor members of the person's family have actual
control over the donations or benefits or the disbursement of
the donations or benefits.
(Source: P.A. 91-676, eff. 12-23-99; 91-699, eff. 7-1-00;
91-712, eff. 7-1-00; 92-16, eff. 6-28-01; 92-47, eff. 7-3-01;
92-597, eff. 6-28-02.)
(305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
Sec. 5-5.4. Standards of Payment - Department of Public
Aid. The Department of Public Aid shall develop standards of
payment of skilled nursing and intermediate care services in
facilities providing such services under this Article which:
(1) Provide for the determination of a facility's
payment for skilled nursing and intermediate care services on
a prospective basis. The amount of the payment rate for all
nursing facilities certified by the Department of Public
Health under the Nursing Home Care Act as Intermediate Care
for the Developmentally Disabled facilities, Long Term Care
for Under Age 22 facilities, Skilled Nursing facilities, or
Intermediate Care facilities under the medical assistance
program shall be prospectively established annually on the
basis of historical, financial, and statistical data
reflecting actual costs from prior years, which shall be
applied to the current rate year and updated for inflation,
except that the capital cost element for newly constructed
facilities shall be based upon projected budgets. The
annually established payment rate shall take effect on July 1
in 1984 and subsequent years. No rate increase and no update
for inflation shall be provided on or after July 1, 1994 and
before July 1, 2004 2003, unless specifically provided for in
this Section.
For facilities licensed by the Department of Public
Health under the Nursing Home Care Act as Intermediate Care
for the Developmentally Disabled facilities or Long Term Care
for Under Age 22 facilities, the rates taking effect on July
1, 1998 shall include an increase of 3%. For facilities
licensed by the Department of Public Health under the Nursing
Home Care Act as Skilled Nursing facilities or Intermediate
Care facilities, the rates taking effect on July 1, 1998
shall include an increase of 3% plus $1.10 per resident-day,
as defined by the Department.
For facilities licensed by the Department of Public
Health under the Nursing Home Care Act as Intermediate Care
for the Developmentally Disabled facilities or Long Term Care
for Under Age 22 facilities, the rates taking effect on July
1, 1999 shall include an increase of 1.6% plus $3.00 per
resident-day, as defined by the Department. For facilities
licensed by the Department of Public Health under the Nursing
Home Care Act as Skilled Nursing facilities or Intermediate
Care facilities, the rates taking effect on July 1, 1999
shall include an increase of 1.6% and, for services provided
on or after October 1, 1999, shall be increased by $4.00 per
resident-day, as defined by the Department.
For facilities licensed by the Department of Public
Health under the Nursing Home Care Act as Intermediate Care
for the Developmentally Disabled facilities or Long Term Care
for Under Age 22 facilities, the rates taking effect on July
1, 2000 shall include an increase of 2.5% per resident-day,
as defined by the Department. For facilities licensed by the
Department of Public Health under the Nursing Home Care Act
as Skilled Nursing facilities or Intermediate Care
facilities, the rates taking effect on July 1, 2000 shall
include an increase of 2.5% per resident-day, as defined by
the Department.
For facilities licensed by the Department of Public
Health under the Nursing Home Care Act as skilled nursing
facilities or intermediate care facilities, a new payment
methodology must be implemented for the nursing component of
the rate effective July 1, 2003. The Department of Public Aid
shall develop the new payment methodology using the Minimum
Data Set (MDS) as the instrument to collect information
concerning nursing home resident condition necessary to
compute the rate. The Department of Public Aid shall develop
the new payment methodology to meet the unique needs of
Illinois nursing home residents while remaining subject to
the appropriations provided by the General Assembly. A
transition period from the payment methodology in effect on
June 30, 2003 to the payment methodology in effect on July 1,
2003 shall be provided for a period not exceeding 2 years
after implementation of the new payment methodology as
follows:
(A) For a facility that would receive a lower
nursing component rate per patient day under the new
system than the facility received effective on the date
immediately preceding the date that the Department
implements the new payment methodology, the nursing
component rate per patient day for the facility shall be
held at the level in effect on the date immediately
preceding the date that the Department implements the new
payment methodology until a higher nursing component rate
of reimbursement is achieved by that facility.
(B) For a facility that would receive a higher
nursing component rate per patient day under the payment
methodology in effect on July 1, 2003 than the facility
received effective on the date immediately preceding the
date that the Department implements the new payment
methodology, the nursing component rate per patient day
for the facility shall be adjusted.
(C) Notwithstanding paragraphs (A) and (B), the
nursing component rate per patient day for the facility
shall be adjusted subject to appropriations provided by
the General Assembly.
For facilities licensed by the Department of Public
Health under the Nursing Home Care Act as Intermediate Care
for the Developmentally Disabled facilities or Long Term Care
for Under Age 22 facilities, the rates taking effect on March
1, 2001 shall include a statewide increase of 7.85%, as
defined by the Department.
For facilities licensed by the Department of Public
Health under the Nursing Home Care Act as Intermediate Care
for the Developmentally Disabled facilities or Long Term Care
for Under Age 22 facilities, the rates taking effect on April
1, 2002 shall include a statewide increase of 2.0%, as
defined by the Department. This increase terminates on July
1, 2002; beginning July 1, 2002 these rates are reduced to
the level of the rates in effect on March 31, 2002, as
defined by the Department.
For facilities licensed by the Department of Public
Health under the Nursing Home Care Act as skilled nursing
facilities or intermediate care facilities, the rates taking
effect on July 1, 2001, and each subsequent year thereafter,
shall be computed using the most recent cost reports on file
with the Department of Public Aid no later than April 1,
2000, updated for inflation to January 1, 2001. For rates
effective July 1, 2001 only, rates shall be the greater of
the rate computed for July 1, 2001 or the rate effective on
June 30, 2001.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, the Illinois Department shall
determine by rule the rates taking effect on July 1, 2002,
which shall be 5.9% less than the rates in effect on June 30,
2002.
Rates established effective each July 1 shall govern
payment for services rendered throughout that fiscal year,
except that rates established on July 1, 1996 shall be
increased by 6.8% for services provided on or after January
1, 1997. Such rates will be based upon the rates calculated
for the year beginning July 1, 1990, and for subsequent years
thereafter until June 30, 2001 shall be based on the facility
cost reports for the facility fiscal year ending at any point
in time during the previous calendar year, updated to the
midpoint of the rate year. The cost report shall be on file
with the Department no later than April 1 of the current rate
year. Should the cost report not be on file by April 1, the
Department shall base the rate on the latest cost report
filed by each skilled care facility and intermediate care
facility, updated to the midpoint of the current rate year.
In determining rates for services rendered on and after July
1, 1985, fixed time shall not be computed at less than zero.
The Department shall not make any alterations of regulations
which would reduce any component of the Medicaid rate to a
level below what that component would have been utilizing in
the rate effective on July 1, 1984.
(2) Shall take into account the actual costs incurred by
facilities in providing services for recipients of skilled
nursing and intermediate care services under the medical
assistance program.
(3) Shall take into account the medical and
psycho-social characteristics and needs of the patients.
(4) Shall take into account the actual costs incurred by
facilities in meeting licensing and certification standards
imposed and prescribed by the State of Illinois, any of its
political subdivisions or municipalities and by the U.S.
Department of Health and Human Services pursuant to Title XIX
of the Social Security Act.
The Department of Public Aid shall develop precise
standards for payments to reimburse nursing facilities for
any utilization of appropriate rehabilitative personnel for
the provision of rehabilitative services which is authorized
by federal regulations, including reimbursement for services
provided by qualified therapists or qualified assistants, and
which is in accordance with accepted professional practices.
Reimbursement also may be made for utilization of other
supportive personnel under appropriate supervision.
(Source: P.A. 91-24, eff. 7-1-99; 91-712, eff. 7-1-00; 92-10,
eff. 6-11-01; 92-31, eff. 6-28-01; 92-597, eff. 6-28-02;
92-651, eff. 7-11-02; 92-848, eff. 1-1-03; revised 9-20-02.)
(305 ILCS 5/5-5.4b new)
Sec. 5-5.4b. Publicly owned or publicly operated nursing
facilities. The Illinois Department may by rule establish
alternative reimbursement methodologies for nursing
facilities that are owned or operated by a county, a
township, a municipality, a hospital district, or any other
local government in Illinois.
(305 ILCS 5/10-26)
Sec. 10-26. State Disbursement Unit.
(a) Effective October 1, 1999 the Illinois Department
shall establish a State Disbursement Unit in accordance with
the requirements of Title IV-D of the Social Security Act.
The Illinois Department shall enter into an agreement with a
State or local governmental unit or private entity to perform
the functions of the State Disbursement Unit as set forth in
this Section. The State Disbursement Unit shall collect and
disburse support payments made under court and administrative
support orders:
(1) being enforced in cases in which child and
spouse support services are being provided under this
Article X; and
(2) in all cases in which child and spouse support
services are not being provided under this Article X and
in which support payments are made under the provisions
of the Income Withholding for Support Act.
(a-2) The contract entered into by the Illinois
Department with a public or private entity or an individual
for the operation of the State Disbursement Unit is subject
to competitive bidding. In addition, the contract is subject
to Section 10-26.2 of this Code. As used in this subsection
(a-2), "contract" has the same meaning as in the Illinois
Procurement Code.
(a-5) If the State Disbursement Unit receives a support
payment that was not appropriately made to the Unit under
this Section, the Unit shall immediately return the payment
to the sender, including, if possible, instructions detailing
where to send the support payments.
(b) All payments received by the State Disbursement
Unit:
(1) shall be deposited into an account obtained by
the Illinois Department the State or local governmental
unit or private entity, as the case may be, and
(2) distributed and disbursed by the State
Disbursement Unit, in accordance with the directions of
the Illinois Department, pursuant to Title IV-D of the
Social Security Act and rules promulgated by the
Department.
(c) All support payments assigned to the Illinois
Department under Article X of this Code and rules promulgated
by the Illinois Department that are disbursed to the Illinois
Department by the State Disbursement Unit shall be paid into
the Child Support Enforcement Trust Fund.
(d) If the agreement with the State or local
governmental unit or private entity provided for in this
Section is not in effect for any reason, the Department shall
perform the functions of the State Disbursement Unit as set
forth in this Section for a maximum of 12 months before July
1, 2001, and for a maximum of 24 months after June 30, 2001.
If the Illinois Department is performing the functions of the
State Disbursement Unit on July 1, 2001, then the Illinois
Department shall make an award on or before December 31,
2002, to a State or local government unit or private entity
to perform the functions of the State Disbursement Unit.
Payments received by the Illinois Department in performance
of the duties of the State Disbursement Unit shall be
deposited into the State Disbursement Unit Revolving Fund
established under Section 12-8.1. Nothing in this Section
shall prohibit the Illinois Department from holding the State
Disbursement Unit Revolving Fund after June 30, 2003.
(e) By February 1, 2000, the Illinois Department shall
conduct at least 4 regional training and educational seminars
to educate the clerks of the circuit court on the general
operation of the State Disbursement Unit, the role of the
State Disbursement Unit, and the role of the clerks of the
circuit court in the collection and distribution of child
support payments.
(f) By March 1, 2000, the Illinois Department shall
conduct at least 4 regional educational and training seminars
to educate payors, as defined in the Income Withholding for
Support Act, on the general operation of the State
Disbursement Unit, the role of the State Disbursement Unit,
and the distribution of income withholding payments pursuant
to this Section and the Income Withholding for Support Act.
(Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00;
91-712, eff. 7-1-00; 92-44, eff. 7-1-01.)
(305 ILCS 5/12-8.1)
Sec. 12-8.1. State Disbursement Unit Revolving Fund.
(a) There is created a revolving fund to be known as the
State Disbursement Unit Revolving Fund, to be held by the
Director of the Illinois Department, outside the State
treasury, for the following purposes:
(1) the deposit of all support payments received by
the Illinois Department's State Disbursement Unit;
(2) the deposit of other funds including, but not
limited to, transfers of funds from other accounts
attributable to support payments received by the Illinois
Department's State Disbursement Unit;
(3) the deposit of any interest accrued by the
revolving fund, which interest shall be available for
payment of (i) any amounts considered to be Title IV-D
program income that must be paid to the U.S. Department
of Health and Human Services and (ii) any balance
remaining after payments made under item (i) of this
subsection (3) to the General Revenue Fund; however, the
disbursements under this subdivision (3) may not exceed
the amount of the interest accrued by the revolving fund;
(4) the disbursement of such payments to obligees
or to the assignees of the obligees in accordance with
the provisions of Title IV-D of the Social Security Act
and rules promulgated by the Department, provided that
such disbursement is based upon a payment by a payor or
obligor deposited into the revolving fund established by
this Section; and
(5) the disbursement of funds to payors or obligors
to correct erroneous payments to the Illinois
Department's State Disbursement Unit, in an amount not to
exceed the erroneous payments.
(b) (Blank). The provisions of this Section shall apply
only if the Department performs the functions of the Illinois
Department's State Disbursement Unit under paragraph (d) of
Section 10-26.
(Source: P.A. 91-712, eff. 7-1-00; 92-44, eff. 7-1-01.)
(305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The
Public Aid Recoveries Trust Fund shall consist of (1)
recoveries by the Illinois Department of Public Aid
authorized by this Code in respect to applicants or
recipients under Articles III, IV, V, and VI, including
recoveries made by the Illinois Department of Public Aid from
the estates of deceased recipients, (2) recoveries made by
the Illinois Department of Public Aid in respect to
applicants and recipients under the Children's Health
Insurance Program, and (3) federal funds received on behalf
of and earned by State universities and local governmental
entities for services provided to applicants or recipients
covered under this Code. The Fund shall be held as a special
fund in the State Treasury.
Disbursements from this Fund shall be only (1) for the
reimbursement of claims collected by the Illinois Department
of Public Aid through error or mistake, (2) for payment to
persons or agencies designated as payees or co-payees on any
instrument, whether or not negotiable, delivered to the
Illinois Department of Public Aid as a recovery under this
Section, such payment to be in proportion to the respective
interests of the payees in the amount so collected, (3) for
payments to the Department of Human Services for collections
made by the Illinois Department of Public Aid on behalf of
the Department of Human Services under this Code, (4) for
payment of administrative expenses incurred in performing the
activities authorized under this Code, (5) for payment of
fees to persons or agencies in the performance of activities
pursuant to the collection of monies owed the State that are
collected under this Code, (6) for payments of any amounts
which are reimbursable to the federal government which are
required to be paid by State warrant by either the State or
federal government, and (7) for payments to State
universities and local governmental entities of federal funds
for services provided to applicants or recipients covered
under this Code. Disbursements from this Fund for purposes
of items (4) and (5) of this paragraph shall be subject to
appropriations from the Fund to the Illinois Department of
Public Aid.
The balance in this Fund on the first day of each
calendar quarter, after payment therefrom of any amounts
reimbursable to the federal government, and minus the amount
reasonably anticipated to be needed to make the disbursements
during that quarter authorized by this Section, shall be
certified by the Director of the Illinois Department of
Public Aid and transferred by the State Comptroller to the
Drug Rebate Fund or the General Revenue Fund in the State
Treasury, as appropriate, within 30 days of the first day of
each calendar quarter.
On July 1, 1999, the State Comptroller shall transfer the
sum of $5,000,000 from the Public Aid Recoveries Trust Fund
(formerly the Public Assistance Recoveries Trust Fund) into
the DHS Recoveries Trust Fund.
(Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99;
92-10, eff. 6-11-01; 92-16, eff. 6-28-01.)
(305 ILCS 5/14-8) (from Ch. 23, par. 14-8)
Sec. 14-8. Disbursements to Hospitals.
(a) For inpatient hospital services rendered on and
after September 1, 1991, the Illinois Department shall
reimburse hospitals for inpatient services at an inpatient
payment rate calculated for each hospital based upon the
Medicare Prospective Payment System as set forth in Sections
1886(b), (d), (g), and (h) of the federal Social Security
Act, and the regulations, policies, and procedures
promulgated thereunder, except as modified by this Section.
Payment rates for inpatient hospital services rendered on or
after September 1, 1991 and on or before September 30, 1992
shall be calculated using the Medicare Prospective Payment
rates in effect on September 1, 1991. Payment rates for
inpatient hospital services rendered on or after October 1,
1992 and on or before March 31, 1994 shall be calculated
using the Medicare Prospective Payment rates in effect on
September 1, 1992. Payment rates for inpatient hospital
services rendered on or after April 1, 1994 shall be
calculated using the Medicare Prospective Payment rates
(including the Medicare grouping methodology and weighting
factors as adjusted pursuant to paragraph (1) of this
subsection) in effect 90 days prior to the date of
admission. For services rendered on or after July 1, 1995,
the reimbursement methodology implemented under this
subsection shall not include those costs referred to in
Sections 1886(d)(5)(B) and 1886(h) of the Social Security
Act. The additional payment amounts required under Section
1886(d)(5)(F) of the Social Security Act, for hospitals
serving a disproportionate share of low-income or indigent
patients, are not required under this Section. For hospital
inpatient services rendered on or after July 1, 1995, the
Illinois Department shall reimburse hospitals using the
relative weighting factors and the base payment rates
calculated for each hospital that were in effect on June 30,
1995, less the portion of such rates attributed by the
Illinois Department to the cost of medical education.
(1) The weighting factors established under Section
1886(d)(4) of the Social Security Act shall not be used
in the reimbursement system established under this
Section. Rather, the Illinois Department shall establish
by rule Medicaid weighting factors to be used in the
reimbursement system established under this Section.
(2) The Illinois Department shall define by rule
those hospitals or distinct parts of hospitals that shall
be exempt from the reimbursement system established under
this Section. In defining such hospitals, the Illinois
Department shall take into consideration those hospitals
exempt from the Medicare Prospective Payment System as of
September 1, 1991. For hospitals defined as exempt under
this subsection, the Illinois Department shall by rule
establish a reimbursement system for payment of inpatient
hospital services rendered on and after September 1,
1991. For all hospitals that are children's hospitals as
defined in Section 5-5.02 of this Code, the reimbursement
methodology shall, through June 30, 1992, net of all
applicable fees, at least equal each children's hospital
1990 ICARE payment rates, indexed to the current year by
application of the DRI hospital cost index from 1989 to
the year in which payments are made. Excepting county
providers as defined in Article XV of this Code,
hospitals licensed under the University of Illinois
Hospital Act, and facilities operated by the Department
of Mental Health and Developmental Disabilities (or its
successor, the Department of Human Services) for hospital
inpatient services rendered on or after July 1, 1995, the
Illinois Department shall reimburse children's hospitals,
as defined in 89 Illinois Administrative Code Section
149.50(c)(3), at the rates in effect on June 30, 1995,
and shall reimburse all other hospitals at the rates in
effect on June 30, 1995, less the portion of such rates
attributed by the Illinois Department to the cost of
medical education. For inpatient hospital services
provided on or after August 1, 1998, the Illinois
Department may establish by rule a means of adjusting the
rates of children's hospitals, as defined in 89 Illinois
Administrative Code Section 149.50(c)(3), that did not
meet that definition on June 30, 1995, in order for the
inpatient hospital rates of such hospitals to take into
account the average inpatient hospital rates of those
children's hospitals that did meet the definition of
children's hospitals on June 30, 1995.
(3) (Blank)
(4) Notwithstanding any other provision of this
Section, hospitals that on August 31, 1991, have a
contract with the Illinois Department under Section 3-4
of the Illinois Health Finance Reform Act may elect to
continue to be reimbursed at rates stated in such
contracts for general and specialty care.
(5) In addition to any payments made under this
subsection (a), the Illinois Department shall make the
adjustment payments required by Section 5-5.02 of this
Code; provided, that in the case of any hospital
reimbursed under a per case methodology, the Illinois
Department shall add an amount equal to the product of
the hospital's average length of stay, less one day,
multiplied by 20, for inpatient hospital services
rendered on or after September 1, 1991 and on or before
September 30, 1992.
(b) (Blank)
(b-5) Excepting county providers as defined in Article
XV of this Code, hospitals licensed under the University of
Illinois Hospital Act, and facilities operated by the
Illinois Department of Mental Health and Developmental
Disabilities (or its successor, the Department of Human
Services), for outpatient services rendered on or after July
1, 1995 and before July 1, 1998 the Illinois Department shall
reimburse children's hospitals, as defined in the Illinois
Administrative Code Section 149.50(c)(3), at the rates in
effect on June 30, 1995, less that portion of such rates
attributed by the Illinois Department to the outpatient
indigent volume adjustment and shall reimburse all other
hospitals at the rates in effect on June 30, 1995, less the
portions of such rates attributed by the Illinois Department
to the cost of medical education and attributed by the
Illinois Department to the outpatient indigent volume
adjustment. For outpatient services provided on or after
July 1, 1998, reimbursement rates shall be established by
rule.
(c) In addition to any other payments under this Code,
the Illinois Department shall develop a hospital
disproportionate share reimbursement methodology that,
effective July 1, 1991, through September 30, 1992, shall
reimburse hospitals sufficiently to expend the fee monies
described in subsection (b) of Section 14-3 of this Code and
the federal matching funds received by the Illinois
Department as a result of expenditures made by the Illinois
Department as required by this subsection (c) and Section
14-2 that are attributable to fee monies deposited in the
Fund, less amounts applied to adjustment payments under
Section 5-5.02.
(d) Critical Care Access Payments.
(1) In addition to any other payments made under
this Code, the Illinois Department shall develop a
reimbursement methodology that shall reimburse Critical
Care Access Hospitals for the specialized services that
qualify them as Critical Care Access Hospitals. No
adjustment payments shall be made under this subsection
on or after July 1, 1995.
(2) "Critical Care Access Hospitals" includes, but
is not limited to, hospitals that meet at least one of
the following criteria:
(A) Hospitals located outside of a
metropolitan statistical area that are designated as
Level II Perinatal Centers and that provide a
disproportionate share of perinatal services to
recipients; or
(B) Hospitals that are designated as Level I
Trauma Centers (adult or pediatric) and certain
Level II Trauma Centers as determined by the
Illinois Department; or
(C) Hospitals located outside of a
metropolitan statistical area and that provide a
disproportionate share of obstetrical services to
recipients.
(e) Inpatient high volume adjustment. For hospital
inpatient services, effective with rate periods beginning on
or after October 1, 1993, in addition to rates paid for
inpatient services by the Illinois Department, the Illinois
Department shall make adjustment payments for inpatient
services furnished by Medicaid high volume hospitals. The
Illinois Department shall establish by rule criteria for
qualifying as a Medicaid high volume hospital and shall
establish by rule a reimbursement methodology for calculating
these adjustment payments to Medicaid high volume hospitals.
No adjustment payment shall be made under this subsection for
services rendered on or after July 1, 1995.
(f) The Illinois Department shall modify its current
rules governing adjustment payments for targeted access,
critical care access, and uncompensated care to classify
those adjustment payments as not being payments to
disproportionate share hospitals under Title XIX of the
federal Social Security Act. Rules adopted under this
subsection shall not be effective with respect to services
rendered on or after July 1, 1995. The Illinois Department
has no obligation to adopt or implement any rules or make any
payments under this subsection for services rendered on or
after July 1, 1995.
(f-5) The State recognizes that adjustment payments to
hospitals providing certain services or incurring certain
costs may be necessary to assure that recipients of medical
assistance have adequate access to necessary medical
services. These adjustments include payments for teaching
costs and uncompensated care, trauma center payments,
rehabilitation hospital payments, perinatal center payments,
obstetrical care payments, targeted access payments, Medicaid
high volume payments, and outpatient indigent volume
payments. On or before April 1, 1995, the Illinois
Department shall issue recommendations regarding (i)
reimbursement mechanisms or adjustment payments to reflect
these costs and services, including methods by which the
payments may be calculated and the method by which the
payments may be financed, and (ii) reimbursement mechanisms
or adjustment payments to reflect costs and services of
federally qualified health centers with respect to recipients
of medical assistance.
(g) If one or more hospitals file suit in any court
challenging any part of this Article XIV, payments to
hospitals under this Article XIV shall be made only to the
extent that sufficient monies are available in the Fund and
only to the extent that any monies in the Fund are not
prohibited from disbursement under any order of the court.
(h) Payments under the disbursement methodology
described in this Section are subject to approval by the
federal government in an appropriate State plan amendment.
(i) The Illinois Department may by rule establish
criteria for and develop methodologies for adjustment
payments to hospitals participating under this Article.
(j) Hospital Residing Long Term Care Services. In
addition to any other payments made under this Code, the
Illinois Department may by rule establish criteria and
develop methodologies for payments to hospitals for Hospital
Residing Long Term Care Services.
(Source: P.A. 89-21, eff. 7-1-95; 89-499, eff. 6-28-96;
89-507, eff. 7-1-97; 90-9, eff. 7-1-97; 90-14, eff. 7-1-97;
90-588, eff. 7-1-98.)
(305 ILCS 5/15-5) (from Ch. 23, par. 15-5)
Sec. 15-5. Disbursements from the Fund.
(a) The monies in the Fund shall be disbursed only as
provided in Section 15-2 of this Code and as follows:
(1) To pay the county hospitals' inpatient
reimbursement rate based on actual costs, trended forward
annually by an inflation index and supplemented by
teaching, capital, and other direct and indirect costs,
according to a State plan approved by the federal
government. Effective October 1, 1992, the inpatient
reimbursement rate (including any disproportionate or
supplemental disproportionate share payments) for
hospital services provided by county operated facilities
within the County shall be no less than the reimbursement
rates in effect on June 1, 1992, except that this minimum
shall be adjusted as of July 1, 1992 and each July 1
thereafter through July 1, 2002 by the annual percentage
change in the per diem cost of inpatient hospital
services as reported in the most recent annual Medicaid
cost report. Effective July 1, 2003, the rate for
hospital inpatient services provided by county hospitals
shall be the rate in effect on January 1, 2003, except
that this minimum may be adjusted by the Illinois
Department to ensure compliance with aggregate and
hospital-specific federal payment limitations.
(2) To pay county hospitals and county operated
outpatient facilities for outpatient services based on a
federally approved methodology to cover the maximum
allowable costs per patient visit. Effective October 1,
1992, the outpatient reimbursement rate for outpatient
services provided by county hospitals and county operated
outpatient facilities shall be no less than the
reimbursement rates in effect on June 1, 1992, except
that this minimum shall be adjusted as of July 1, 1992
and each July 1 thereafter through July 1, 2002 by the
annual percentage change in the per diem cost of
inpatient hospital services as reported in the most
recent annual Medicaid cost report. Effective July 1,
2003, the Illinois Department shall by rule establish
rates for outpatient services provided by county
hospitals and other county-operated facilities within the
County that are in compliance with aggregate and
hospital-specific federal payment limitations.
(3) To pay the county hospitals' disproportionate
share payments as established by the Illinois Department
under Section 5-5.02 of this Code. Effective October 1,
1992, the disproportionate share payments for hospital
services provided by county operated facilities within
the County shall be no less than the reimbursement rates
in effect on June 1, 1992, except that this minimum shall
be adjusted as of July 1, 1992 and each July 1 thereafter
through July 1, 2002 by the annual percentage change in
the per diem cost of inpatient hospital services as
reported in the most recent annual Medicaid cost report.
Effective July 1, 2003, the Illinois Department may by
rule establish rates for disproportionate share payments
to county hospitals that are in compliance with aggregate
and hospital-specific federal payment limitations.
(3.5) To pay county providers for services provided
pursuant to Section 5-11 of this Code.
(4) To reimburse the county providers for expenses
contractually assumed pursuant to Section 15-4 of this
Code.
(5) To pay the Illinois Department its necessary
administrative expenses relative to the Fund and other
amounts agreed to, if any, by the county providers in the
agreement provided for in subsection (c).
(6) To pay the county providers any other amount
due hospitals' supplemental disproportionate share
payments, hereby authorized, as specified in the
agreement provided for in subsection (c) and according to
a federally approved State plan, including but not
limited to payments made under the provisions of Section
701(d)(3)(B) of the federal Medicare, Medicaid, and SCHIP
Benefits Improvement and Protection Act of 2000.
Intergovernmental transfers supporting payments under
this paragraph (6) shall not be subject to the
computation described in subsection (a) of Section 15-3
of this Code, but shall be computed as the difference
between the total of such payments made by the Illinois
Department to county providers less any amount of federal
financial participation due the Illinois Department under
Titles XIX and XXI of the Social Security Act as a result
of such payments to county providers. Effective October
1, 1992, the supplemental disproportionate share payments
for hospital services provided by county operated
facilities within the County shall be no less than the
reimbursement rates in effect on June 1, 1992, except
that this minimum shall be adjusted as of July 1, 1992
and each July 1 thereafter by the annual percentage
change in the per diem cost of inpatient hospital
services as reported in the most recent annual Medicaid
cost report.
(b) The Illinois Department shall promptly seek all
appropriate amendments to the Illinois State Plan to effect
the foregoing payment methodology.
(c) The Illinois Department shall implement the changes
made by Article 3 of this amendatory Act of 1992 beginning
October 1, 1992. All terms and conditions of the
disbursement of monies from the Fund not set forth expressly
in this Article shall be set forth in the agreement executed
under the Intergovernmental Cooperation Act so long as those
terms and conditions are not inconsistent with this Article
or applicable federal law. The Illinois Department shall
report in writing to the Hospital Service Procurement
Advisory Board and the Health Care Cost Containment Council
by October 15, 1992, the terms and conditions of all such
initial agreements and, where no such initial agreement has
yet been executed with a qualifying county, the Illinois
Department's reasons that each such initial agreement has not
been executed. Copies and reports of amended agreements
following the initial agreements shall likewise be filed by
the Illinois Department with the Hospital Service Procurement
Advisory Board and the Health Care Cost Containment Council
within 30 days following their execution. The foregoing
filing obligations of the Illinois Department are
informational only, to allow the Board and Council,
respectively, to better perform their public roles, except
that the Board or Council may, at its discretion, advise the
Illinois Department in the case of the failure of the
Illinois Department to reach agreement with any qualifying
county by the required date.
(d) The payments provided for herein are intended to
cover services rendered on and after July 1, 1991, and any
agreement executed between a qualifying county and the
Illinois Department pursuant to this Section may relate back
to that date, provided the Illinois Department obtains
federal approval. Any changes in payment rates resulting
from the provisions of Article 3 of this amendatory Act of
1992 are intended to apply to services rendered on or after
October 1, 1992, and any agreement executed between a
qualifying county and the Illinois Department pursuant to
this Section may be effective as of that date.
(e) If one or more hospitals file suit in any court
challenging any part of this Article XV, payments to
hospitals from the Fund under this Article XV shall be made
only to the extent that sufficient monies are available in
the Fund and only to the extent that any monies in the Fund
are not prohibited from disbursement and may be disbursed
under any order of the court.
(f) All payments under this Section are contingent upon
federal approval of changes to the State plan, if that
approval is required.
(Source: P.A. 92-370, eff. 8-15-01.)
(305 ILCS 5/5-7 rep.)
Section 15-6. The Illinois Public Aid Code is amended by
repealing Section 5-7.
ARTICLE 20.
Section 20-5. The Alzheimer's Disease Assistance Act is
amended by changing Section 7 as follows:
(410 ILCS 405/7) (from Ch. 111 1/2, par. 6957)
Sec. 7. Regional ADA center funding grants-in-aid.
Pursuant to appropriations enacted by the General Assembly,
the Department shall provide funds grants-in-aid to hospitals
affiliated with each Regional ADA Center for necessary
research and for the development and maintenance of services
for victims of Alzheimer's disease and related disorders and
their families. For the fiscal year beginning July 1, 2003,
and each year thereafter, the Department shall effect
payments under this Section to hospitals affiliated with each
Regional ADA Center through the Illinois Department of Public
Aid. The Department shall include the annual expenditures
for this purpose in the plan required by Section 5 of this
Act. in accordance with the State Alzheimer's Assistance
Plan. The first $2,000,000 of any grants-in-aid appropriated
by the General Assembly for Regional ADA Centers in any State
fiscal year shall be distributed in equal portions to those
Regional ADA Centers receiving the appropriated grants-in-aid
for the State fiscal year beginning July 1, 1996. The first
$400,000 appropriated by the General Assembly in excess of
$2,000,000 in any State fiscal year beginning on or after
July 1, 1997 shall be distributed in equal portions to those
Regional ADA Centers receiving the appropriated grants-in-aid
for the State fiscal year beginning July 1, 1996. Any monies
appropriated by the General Assembly in excess of $2,400,000
for any State fiscal year beginning on or after July 1, 1997
shall be distributed in equal portions to each Regional ADA
Center. The Department shall promulgate rules and procedures
governing the distribution and specific purposes for such
grants, including any contributions of recipients of services
toward the cost of care.
(Source: P.A. 90-404, eff. 8-15-97.)
ARTICLE 99.
Section 99-99. Effective date. This Act takes effect
upon becoming law.