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Illinois General Assembly· SB 3365Governor Approved

MEDICARE/MEDICAID DUAL ELIGIBL, the official text

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SB3365 Enrolled                      LRB104 18483 SSS 31925 b

1  AN ACT concerning public aid.

2  Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4                    ARTICLE 2.

5  Section 2-5. The Illinois Public Aid Code is amended by

6 changing Section 5-5 as follows:

7  (305 ILCS 5/5-5)

8  Sec. 5-5. Medical services. The Illinois Department, by

9 rule, shall determine the quantity and quality of and the rate

10 of reimbursement for the medical assistance for which payment

11 will be authorized, and the medical services to be provided,

12 which may include all or part of the following: (1) inpatient

13 hospital services; (2) outpatient hospital services; (3) other

14 laboratory and X-ray services; (4) skilled nursing home

15 services; (5) physicians' services whether furnished in the

16 office, the patient's home, a hospital, a skilled nursing

17 home, or elsewhere; (6) medical care, or any other type of

18 remedial care furnished by licensed practitioners; (7) home

19 health care services; (8) private duty nursing service; (9)

20 clinic services; (10) dental services, including prevention

21 and treatment of periodontal disease and dental caries disease

22 for pregnant individuals, provided by an individual licensed
SB3365 Enrolled  -2-  LRB104 18483 SSS 31925 b

 1 to practice dentistry or dental surgery; for purposes of this
 2 item (10), "dental services" means diagnostic, preventive, or
 3 corrective procedures provided by or under the supervision of
 4 a dentist in the practice of his or her profession; (11)
 5 physical therapy and related services; (12) prescribed drugs,
 6 dentures, and prosthetic devices; and eyeglasses prescribed by
 7 a physician skilled in the diseases of the eye, or by an
 8 optometrist, whichever the person may select; (13) other
 9 diagnostic, screening, preventive, and rehabilitative
10 services, including to ensure that the individual's need for
11 intervention or treatment of mental disorders or substance use
12 disorders or co-occurring mental health and substance use
13 disorders is determined using a uniform screening, assessment,
14 and evaluation process inclusive of criteria, for children and
15 adults; for purposes of this item (13), a uniform screening,
16 assessment, and evaluation process refers to a process that
17 includes an appropriate evaluation and, as warranted, a
18 referral; "uniform" does not mean the use of a singular
19 instrument, tool, or process that all must utilize; (14)
20 transportation and such other expenses as may be necessary;
21 (15) medical treatment of sexual assault survivors, as defined
22 in Section 1a of the Sexual Assault Survivors Emergency
23 Treatment Act, for injuries sustained as a result of the
24 sexual assault, including examinations and laboratory tests to
25 discover evidence which may be used in criminal proceedings
26 arising from the sexual assault; (16) the diagnosis and
    SB3365 Enrolled     -3-  LRB104 18483 SSS 31925 b

1 treatment of sickle cell disease anemia; (16.5) services

2 performed by a chiropractic physician licensed under the

3 Medical Practice Act of 1987 and acting within the scope of his

4 or her license, including, but not limited to, chiropractic

5 manipulative treatment; and (17) any other medical care, and

6 any other type of remedial care recognized under the laws of

7 this State. The term "any other type of remedial care" shall

8 include nursing care and nursing home service for persons who

9 rely on treatment by spiritual means alone through prayer for

10 healing.

11  Notwithstanding any other provision of this Section, a

12 comprehensive tobacco use cessation program that includes

13 purchasing prescription drugs or prescription medical devices

14 approved by the Food and Drug Administration shall be covered

15 under the medical assistance program under this Article for

16 persons who are otherwise eligible for assistance under this

17 Article.

18  Notwithstanding any other provision of this Code,

19 reproductive health care that is otherwise legal in Illinois

20 shall be covered under the medical assistance program for

21 persons who are otherwise eligible for medical assistance

22 under this Article.

23  Notwithstanding any other provision of this Section, all

24 tobacco cessation medications approved by the United States

25 Food and Drug Administration and all individual and group

26 tobacco cessation counseling services and telephone-based
    SB3365 Enrolled  -4-  LRB104 18483 SSS 31925 b

1 counseling services and tobacco cessation medications provided

2 through the Illinois Tobacco Quitline shall be covered under

3 the medical assistance program for persons who are otherwise

4 eligible for assistance under this Article. The Department

5 shall comply with all federal requirements necessary to obtain

6 federal financial participation, as specified in 42 CFR

7 433.15(b)(7), for telephone-based counseling services provided

8 through the Illinois Tobacco Quitline, including, but not

9 limited to: (i) entering into a memorandum of understanding or

10 interagency agreement with the Department of Public Health, as

11 administrator of the Illinois Tobacco Quitline; and (ii)

12 developing a cost allocation plan for Medicaid-allowable

13 Illinois Tobacco Quitline services in accordance with 45 CFR

14 95.507. The Department shall submit the memorandum of

15 understanding or interagency agreement, the cost allocation

16 plan, and all other necessary documentation to the Centers for

17 Medicare and Medicaid Services for review and approval.

18 Coverage under this paragraph shall be contingent upon federal

19 approval.

20  Notwithstanding any other provision of this Code, the

21 Illinois Department may not require, as a condition of payment

22 for any laboratory test authorized under this Article, that a

23 physician's handwritten signature appear on the laboratory

24 test order form. The Illinois Department may, however, impose

25 other appropriate requirements regarding laboratory test order

26 documentation.
    SB3365 Enrolled  -5-           LRB104 18483 SSS 31925 b

1   Upon receipt of federal approval of an amendment to the

2 Illinois Title XIX State Plan for this purpose, the Department

3 shall authorize the Chicago Public Schools (CPS) to procure a

4 vendor or vendors to manufacture eyeglasses for individuals

5 enrolled in a school within the CPS system. CPS shall ensure

6 that its vendor or vendors are enrolled as providers in the

7 medical assistance program and in any capitated Medicaid

8 managed care entity (MCE) serving individuals enrolled in a

9 school within the CPS system. Under any contract procured

10 under this provision, the vendor or vendors must serve only

11 individuals enrolled in a school within the CPS system. Claims

12 for services provided by CPS's vendor or vendors to recipients

13 of benefits in the medical assistance program under this Code,

14 the Children's Health Insurance Program, or the Covering ALL

15 KIDS Health Insurance Program shall be submitted to the

16 Department or the MCE in which the individual is enrolled for

17 payment and shall be reimbursed at the Department's or the

18 MCE's established rates or rate methodologies for eyeglasses.

19  On and after July 1, 2012, the Department of Healthcare

20 and Family Services may provide the following services to

21 persons eligible for assistance under this Article who are

22 participating in education, training or employment programs

23 operated by the Department of Human Services as successor to

24 the Department of Public Aid:

25  (1) dental services provided by or under the

26  supervision of a dentist; and
    SB3365 Enrolled         -6-  LRB104 18483 SSS 31925 b

1   (2) eyeglasses prescribed by a physician skilled in

2   the diseases of the eye, or by an optometrist, whichever

3   the person may select.

4   On and after July 1, 2018, the Department of Healthcare

5 and Family Services shall provide dental services to any adult

6 who is otherwise eligible for assistance under the medical

7 assistance program. As used in this paragraph, "dental

8 services" means diagnostic, preventative, restorative, or

9 corrective procedures, including procedures and services for

10 the prevention and treatment of periodontal disease and dental

11 caries disease, provided by an individual who is licensed to

12 practice dentistry or dental surgery or who is under the

13 supervision of a dentist in the practice of his or her

14 profession.

15  On and after July 1, 2018, targeted dental services, as

16 set forth in Exhibit D of the Consent Decree entered by the

17 United States District Court for the Northern District of

18 Illinois, Eastern Division, in the matter of Memisovski v.

19 Maram, Case No. 92 C 1982, that are provided to adults under

20 the medical assistance program shall be established at no less

21 than the rates set forth in the "New Rate" column in Exhibit D

22 of the Consent Decree for targeted dental services that are

23 provided to persons under the age of 18 under the medical

24 assistance program.

25  Subject to federal approval, on and after January 1, 2025,

26 the rates paid for sedation evaluation and the provision of
    SB3365 Enrolled  -7-  LRB104 18483 SSS 31925 b

1 deep sedation and intravenous sedation for the purpose of

2 dental services shall be increased by 33% above the rates in

3 effect on December 31, 2024. The rates paid for nitrous oxide

4 sedation shall not be impacted by this paragraph and shall

5 remain the same as the rates in effect on December 31, 2024.

6   Notwithstanding any other provision of this Code and

7 subject to federal approval, the Department may adopt rules to

8 allow a dentist who is volunteering his or her service at no

9 cost to render dental services through an enrolled

10 not-for-profit health clinic without the dentist personally

11 enrolling as a participating provider in the medical

12 assistance program. A not-for-profit health clinic shall

13 include a public health clinic or Federally Qualified Health

14 Center or other enrolled provider, as determined by the

15 Department, through which dental services covered under this

16 Section are performed. The Department shall establish a

17 process for payment of claims for reimbursement for covered

18 dental services rendered under this provision.

19  Subject to appropriation and to federal approval, the

20 Department shall file administrative rules updating the

21 Handicapping Labio-Lingual Deviation orthodontic scoring tool

22 by January 1, 2025, or as soon as practicable.

23  On and after January 1, 2022, the Department of Healthcare

24 and Family Services shall administer and regulate a

25 school-based dental program that allows for the out-of-office

26 delivery of preventative dental services in a school setting
    SB3365 Enrolled  -8-  LRB104 18483 SSS 31925 b

1 to children under 19 years of age. The Department shall

2 establish, by rule, guidelines for participation by providers

3 and set requirements for follow-up referral care based on the

4 requirements established in the Dental Office Reference Manual

5 published by the Department that establishes the requirements

6 for dentists participating in the All Kids Dental School

7 Program. Every effort shall be made by the Department when

8 developing the program requirements to consider the different

9 geographic differences of both urban and rural areas of the

10 State for initial treatment and necessary follow-up care. No

11 provider shall be charged a fee by any unit of local government

12 to participate in the school-based dental program administered

13 by the Department. Nothing in this paragraph shall be

14 construed to limit or preempt a home rule unit's or school

15 district's authority to establish, change, or administer a

16 school-based dental program in addition to, or independent of,

17 the school-based dental program administered by the

18 Department.

19  The Illinois Department, by rule, may distinguish and

20 classify the medical services to be provided only in

21 accordance with the classes of persons designated in Section

22 5-2.

23  The Department of Healthcare and Family Services must

24 provide coverage and reimbursement for amino acid-based

25 elemental formulas, regardless of delivery method, for the

26 diagnosis and treatment of (i) eosinophilic disorders and (ii)
    SB3365 Enrolled       -9-      LRB104 18483 SSS 31925 b

1 short bowel syndrome when the prescribing physician has issued

2 a written order stating that the amino acid-based elemental

3 formula is medically necessary.

4   The Illinois Department shall authorize the provision of,

5 and shall authorize payment for, screening by low-dose

6 mammography for the presence of occult breast cancer for

7 individuals 35 years of age or older who are eligible for

8 medical assistance under this Article, as follows:

9   (A) A baseline mammogram for individuals 35 to 39

10  years of age.

11  (B) An annual mammogram for individuals 40 years of

12  age or older.

13  (C) A mammogram at the age and intervals considered

14  medically necessary by the individual's health care

15  provider for individuals under 40 years of age and having

16  a family history of breast cancer, prior personal history

17  of breast cancer, positive genetic testing, or other risk

18  factors.

19  (D) A comprehensive ultrasound screening and MRI of an

20  entire breast or breasts if a mammogram demonstrates

21  heterogeneous or dense breast tissue or when medically

22  necessary as determined by a physician licensed to

23  practice medicine in all of its branches.

24  (E) A screening MRI when medically necessary, as

25  determined by a physician licensed to practice medicine in

26  all of its branches.
    SB3365 Enrolled          - 10 - LRB104 18483 SSS 31925 b

1         (F) A diagnostic mammogram when medically necessary,

2   as determined by a physician licensed to practice medicine

3   in all its branches, advanced practice registered nurse,

4   or physician assistant.

5         (G) Molecular breast imaging (MBI) and MRI of an

6   entire breast or breasts if a mammogram demonstrates

7   heterogeneous or dense breast tissue or when medically

8   necessary as determined by a physician licensed to

9   practice medicine in all of its branches, advanced

10  practice registered nurse, or physician assistant.

11  The Department shall not impose a deductible, coinsurance,

12 copayment, or any other cost-sharing requirement on the

13 coverage provided under this paragraph; except that this

14 sentence does not apply to coverage of diagnostic mammograms

15 to the extent such coverage would disqualify a high-deductible

16 health plan from eligibility for a health savings account

17 pursuant to Section 223 of the Internal Revenue Code (26

18 U.S.C. 223).

19  All screenings shall include a physical breast exam,

20 instruction on self-examination and information regarding the

21 frequency of self-examination and its value as a preventative

22 tool.

23  For purposes of this Section:

24  "Diagnostic mammogram" means a mammogram obtained using

25 diagnostic mammography.

26  "Diagnostic mammography" means a method of screening that
    SB3365 Enrolled  - 11 - LRB104 18483 SSS 31925 b

1 is designed to evaluate an abnormality in a breast, including

2 an abnormality seen or suspected on a screening mammogram or a

3 subjective or objective abnormality otherwise detected in the

4 breast.

5   "Low-dose mammography" means the x-ray examination of the

6 breast using equipment dedicated specifically for mammography,

7 including the x-ray tube, filter, compression device, and

8 image receptor, with an average radiation exposure delivery of

9 less than one rad per breast for 2 views of an average size

10 breast. The term also includes digital mammography and

11 includes breast tomosynthesis.

12  "Breast tomosynthesis" means a radiologic procedure that

13 involves the acquisition of projection images over the

14 stationary breast to produce cross-sectional digital

15 three-dimensional images of the breast.

16  If, at any time, the Secretary of the United States

17 Department of Health and Human Services, or its successor

18 agency, promulgates rules or regulations to be published in

19 the Federal Register or publishes a comment in the Federal

20 Register or issues an opinion, guidance, or other action that

21 would require the State, pursuant to any provision of the

22 Patient Protection and Affordable Care Act (Public Law

23 111-148), including, but not limited to, 42 U.S.C.

24 18031(d)(3)(B) or any successor provision, to defray the cost

25 of any coverage for breast tomosynthesis outlined in this

26 paragraph, then the requirement that an insurer cover breast
    SB3365 Enrolled       - 12 - LRB104 18483 SSS 31925 b

1 tomosynthesis is inoperative other than any such coverage

2 authorized under Section 1902 of the Social Security Act, 42

3 U.S.C. 1396a, and the State shall not assume any obligation

4 for the cost of coverage for breast tomosynthesis set forth in

5 this paragraph.

6   On and after January 1, 2016, the Department shall ensure

7 that all networks of care for adult clients of the Department

8 include access to at least one breast imaging Center of

9 Imaging Excellence as certified by the American College of

10 Radiology.

11  On and after January 1, 2012, providers participating in a

12 quality improvement program approved by the Department shall

13 be reimbursed for screening and diagnostic mammography at the

14 same rate as the Medicare program's rates, including the

15 increased reimbursement for digital mammography and, after

16 January 1, 2023 (the effective date of Public Act 102-1018),

17 breast tomosynthesis.

18  The Department shall convene an expert panel including

19 representatives of hospitals, free-standing mammography

20 facilities, and doctors, including radiologists, to establish

21 quality standards for mammography.

22  On and after January 1, 2017, providers participating in a

23 breast cancer treatment quality improvement program approved

24 by the Department shall be reimbursed for breast cancer

25 treatment at a rate that is no lower than 95% of the Medicare

26 program's rates for the data elements included in the breast
    SB3365 Enrolled  - 13 - LRB104 18483 SSS 31925 b

1 cancer treatment quality program.

2   The Department shall convene an expert panel, including

3 representatives of hospitals, free-standing breast cancer

4 treatment centers, breast cancer quality organizations, and

5 doctors, including radiologists that are trained in all forms

6 of FDA-approved breast imaging technologies, breast surgeons,

7 reconstructive breast surgeons, oncologists, and primary care

8 providers to establish quality standards for breast cancer

9 treatment.

10  Subject to federal approval, the Department shall

11 establish a rate methodology for mammography at federally

12 qualified health centers and other encounter-rate clinics.

13 These clinics or centers may also collaborate with other

14 hospital-based mammography facilities. By January 1, 2016, the

15 Department shall report to the General Assembly on the status

16 of the provision set forth in this paragraph.

17  The Department shall establish a methodology to remind

18 individuals who are age-appropriate for screening mammography,

19 but who have not received a mammogram within the previous 18

20 months, of the importance and benefit of screening

21 mammography. The Department shall work with experts in breast

22 cancer outreach and patient navigation to optimize these

23 reminders and shall establish a methodology for evaluating

24 their effectiveness and modifying the methodology based on the

25 evaluation.

26  The Department shall establish a performance goal for
    SB3365 Enrolled    - 14 - LRB104 18483 SSS 31925 b

1 primary care providers with respect to their female patients

2 over age 40 receiving an annual mammogram. This performance

3 goal shall be used to provide additional reimbursement in the

4 form of a quality performance bonus to primary care providers

5 who meet that goal.

6   The Department shall devise a means of case-managing or

7 patient navigation for beneficiaries diagnosed with breast

8 cancer. This program shall initially operate as a pilot

9 program in areas of the State with the highest incidence of

10 mortality related to breast cancer. At least one pilot program

11 site shall be in the metropolitan Chicago area and at least one

12 site shall be outside the metropolitan Chicago area. On or

13 after July 1, 2016, the pilot program shall be expanded to

14 include one site in western Illinois, one site in southern

15 Illinois, one site in central Illinois, and 4 sites within

16 metropolitan Chicago. An evaluation of the pilot program shall

17 be carried out measuring health outcomes and cost of care for

18 those served by the pilot program compared to similarly

19 situated patients who are not served by the pilot program.

20  The Department shall require all networks of care to

21 develop a means either internally or by contract with experts

22 in navigation and community outreach to navigate cancer

23 patients to comprehensive care in a timely fashion. The

24 Department shall require all networks of care to include

25 access for patients diagnosed with cancer to at least one

26 academic commission on cancer-accredited cancer program as an
    SB3365 Enrolled            - 15 - LRB104 18483 SSS 31925 b

1 in-network covered benefit.

2   The Department shall provide coverage and reimbursement

3 for a human papillomavirus (HPV) vaccine that is approved for

4 marketing by the federal Food and Drug Administration for all

5 persons between the ages of 9 and 45. Subject to federal

6 approval, the Department shall provide coverage and

7 reimbursement for a human papillomavirus (HPV) vaccine for

8 persons of the age of 46 and above who have been diagnosed with

9 cervical dysplasia with a high risk of recurrence or

10 progression. The Department shall disallow any

11 preauthorization requirements for the administration of the

12 human papillomavirus (HPV) vaccine.

13  On or after July 1, 2022, individuals who are otherwise

14 eligible for medical assistance under this Article shall

15 receive coverage for perinatal depression screenings for the

16 12-month period beginning on the last day of their pregnancy.

17 Medical assistance coverage under this paragraph shall be

18 conditioned on the use of a screening instrument approved by

19 the Department.

20  Any medical or health care provider shall immediately

21 recommend, to any pregnant individual who is being provided

22 prenatal services and is suspected of having a substance use

23 disorder as defined in the Substance Use Disorder Act,

24 referral to a local substance use disorder treatment program

25 licensed by the Department of Human Services or to a licensed

26 hospital which provides substance abuse treatment services.
    SB3365 Enrolled   - 16 - LRB104 18483 SSS 31925 b

1 The Department of Healthcare and Family Services shall assure

2 coverage for the cost of treatment of the drug abuse or

3 addiction for pregnant recipients in accordance with the

4 Illinois Medicaid Program in conjunction with the Department

5 of Human Services.

6   All medical providers providing medical assistance to

7 pregnant individuals under this Code shall receive information

8 from the Department on the availability of services under any

9 program providing case management services for addicted

10 individuals, including information on appropriate referrals

11 for other social services that may be needed by addicted

12 individuals in addition to treatment for addiction.

13  The Illinois Department, in cooperation with the

14 Departments of Human Services (as successor to the Department

15 of Alcoholism and Substance Abuse) and Public Health, through

16 a public awareness campaign, may provide information

17 concerning treatment for alcoholism and drug abuse and

18 addiction, prenatal health care, and other pertinent programs

19 directed at reducing the number of drug-affected infants born

20 to recipients of medical assistance.

21  Neither the Department of Healthcare and Family Services

22 nor the Department of Human Services shall sanction the

23 recipient solely on the basis of the recipient's substance

24 abuse.

25  The Illinois Department shall establish such regulations

26 governing the dispensing of health services under this Article
    SB3365 Enrolled  - 17 - LRB104 18483 SSS 31925 b

1 as it shall deem appropriate. The Department should seek the

2 advice of formal professional advisory committees appointed by

3 the Director of the Illinois Department for the purpose of

4 providing regular advice on policy and administrative matters,

5 information dissemination and educational activities for

6 medical and health care providers, and consistency in

7 procedures to the Illinois Department.

8   The Illinois Department may develop and contract with

9 Partnerships of medical providers to arrange medical services

10 for persons eligible under Section 5-2 of this Code.

11 Implementation of this Section may be by demonstration

12 projects in certain geographic areas. The Partnership shall be

13 represented by a sponsor organization. The Department, by

14 rule, shall develop qualifications for sponsors of

15 Partnerships. Nothing in this Section shall be construed to

16 require that the sponsor organization be a medical

17 organization.

18  The sponsor must negotiate formal written contracts with

19 medical providers for physician services, inpatient and

20 outpatient hospital care, home health services, treatment for

21 alcoholism and substance abuse, and other services determined

22 necessary by the Illinois Department by rule for delivery by

23 Partnerships. Physician services must include prenatal and

24 obstetrical care. The Illinois Department shall reimburse

25 medical services delivered by Partnership providers to clients

26 in target areas according to provisions of this Article and
    SB3365 Enrolled  - 18 - LRB104 18483 SSS 31925 b

1 the Illinois Health Finance Reform Act, except that:

2   (1) Physicians participating in a Partnership and

3   providing certain services, which shall be determined by

4   the Illinois Department, to persons in areas covered by

5   the Partnership may receive an additional surcharge for

6   such services.

7   (2) The Department may elect to consider and negotiate

8   financial incentives to encourage the development of

9   Partnerships and the efficient delivery of medical care.

10  (3) Persons receiving medical services through

11  Partnerships may receive medical and case management

12  services above the level usually offered through the

13  medical assistance program.

14  Medical providers shall be required to meet certain

15 qualifications to participate in Partnerships to ensure the

16 delivery of high quality medical services. These

17 qualifications shall be determined by rule of the Illinois

18 Department and may be higher than qualifications for

19 participation in the medical assistance program. Partnership

20 sponsors may prescribe reasonable additional qualifications

21 for participation by medical providers, only with the prior

22 written approval of the Illinois Department.

23  Nothing in this Section shall limit the free choice of

24 practitioners, hospitals, and other providers of medical

25 services by clients. In order to ensure patient freedom of

26 choice, the Illinois Department shall immediately promulgate
   SB3365 Enrolled    - 19 - LRB104 18483 SSS 31925 b

1 all rules and take all other necessary actions so that

2 provided services may be accessed from therapeutically

3 certified optometrists to the full extent of the Illinois

4 Optometric Practice Act of 1987 without discriminating between

5 service providers.

6  The Department shall apply for a waiver from the United

7 States Health Care Financing Administration to allow for the

8 implementation of Partnerships under this Section.

9  The Illinois Department shall require health care

10 providers to maintain records that document the medical care

11 and services provided to recipients of Medical Assistance

12 under this Article. Such records must be retained for a period

13 of not less than 6 years from the date of service or as

14 provided by applicable State law, whichever period is longer,

15 except that if an audit is initiated within the required

16 retention period then the records must be retained until the

17 audit is completed and every exception is resolved. The

18 Illinois Department shall require health care providers to

19 make available, when authorized by the patient, in writing,

20 the medical records in a timely fashion to other health care

21 providers who are treating or serving persons eligible for

22 Medical Assistance under this Article. All dispensers of

23 medical services shall be required to maintain and retain

24 business and professional records sufficient to fully and

25 accurately document the nature, scope, details and receipt of

26 the health care provided to persons eligible for medical
    SB3365 Enrolled  - 20 - LRB104 18483 SSS 31925 b

1 assistance under this Code, in accordance with regulations

2 promulgated by the Illinois Department. The rules and

3 regulations shall require that proof of the receipt of

4 prescription drugs, dentures, prosthetic devices and

5 eyeglasses by eligible persons under this Section accompany

6 each claim for reimbursement submitted by the dispenser of

7 such medical services. No such claims for reimbursement shall

8 be approved for payment by the Illinois Department without

9 such proof of receipt, unless the Illinois Department shall

10 have put into effect and shall be operating a system of

11 post-payment audit and review which shall, on a sampling

12 basis, be deemed adequate by the Illinois Department to assure

13 that such drugs, dentures, prosthetic devices and eyeglasses

14 for which payment is being made are actually being received by

15 eligible recipients. Within 90 days after September 16, 1984

16 (the effective date of Public Act 83-1439), the Illinois

17 Department shall establish a current list of acquisition costs

18 for all prosthetic devices and any other items recognized as

19 medical equipment and supplies reimbursable under this Article

20 and shall update such list on a quarterly basis, except that

21 the acquisition costs of all prescription drugs shall be

22 updated no less frequently than every 30 days as required by

23 Section 5-5.12.

24  Notwithstanding any other law to the contrary, the

25 Illinois Department shall, within 365 days after July 22, 2013

26 (the effective date of Public Act 98-104), establish
    SB3365 Enrolled  - 21 - LRB104 18483 SSS 31925 b

1 procedures to permit skilled care facilities licensed under

2 the Nursing Home Care Act to submit monthly billing claims for

3 reimbursement purposes. Following development of these

4 procedures, the Department shall, by July 1, 2016, test the

5 viability of the new system and implement any necessary

6 operational or structural changes to its information

7 technology platforms in order to allow for the direct

8 acceptance and payment of nursing home claims.

9   Notwithstanding any other law to the contrary, the

10 Illinois Department shall, within 365 days after August 15,

11 2014 (the effective date of Public Act 98-963), establish

12 procedures to permit ID/DD facilities licensed under the ID/DD

13 Community Care Act and MC/DD facilities licensed under the

14 MC/DD Act to submit monthly billing claims for reimbursement

15 purposes. Following development of these procedures, the

16 Department shall have an additional 365 days to test the

17 viability of the new system and to ensure that any necessary

18 operational or structural changes to its information

19 technology platforms are implemented.

20  The Illinois Department shall require all dispensers of

21 medical services, other than an individual practitioner or

22 group of practitioners, desiring to participate in the Medical

23 Assistance program established under this Article to disclose

24 all financial, beneficial, ownership, equity, surety or other

25 interests in any and all firms, corporations, partnerships,

26 associations, business enterprises, joint ventures, agencies,
    SB3365 Enrolled  - 22 - LRB104 18483 SSS 31925 b

1 institutions or other legal entities providing any form of

2 health care services in this State under this Article.

3   The Illinois Department may require that all dispensers of

4 medical services desiring to participate in the medical

5 assistance program established under this Article disclose,

6 under such terms and conditions as the Illinois Department may

7 by rule establish, all inquiries from clients and attorneys

8 regarding medical bills paid by the Illinois Department, which

9 inquiries could indicate potential existence of claims or

10 liens for the Illinois Department.

11  Enrollment of a vendor shall be subject to a provisional

12 period and shall be conditional for one year. During the

13 period of conditional enrollment, the Department may terminate

14 the vendor's eligibility to participate in, or may disenroll

15 the vendor from, the medical assistance program without cause.

16 Unless otherwise specified, such termination of eligibility or

17 disenrollment is not subject to the Department's hearing

18 process. However, a disenrolled vendor may reapply without

19 penalty.

20  The Department has the discretion to limit the conditional

21 enrollment period for vendors based upon the category of risk

22 of the vendor.

23  Prior to enrollment and during the conditional enrollment

24 period in the medical assistance program, all vendors shall be

25 subject to enhanced oversight, screening, and review based on

26 the risk of fraud, waste, and abuse that is posed by the
    SB3365 Enrolled  - 23 - LRB104 18483 SSS 31925 b

1 category of risk of the vendor. The Illinois Department shall

2 establish the procedures for oversight, screening, and review,

3 which may include, but need not be limited to: criminal and

4 financial background checks; fingerprinting; license,

5 certification, and authorization verifications; unscheduled or

6 unannounced site visits; database checks; prepayment audit

7 reviews; audits; payment caps; payment suspensions; and other

8 screening as required by federal or State law.

9   The Department shall define or specify the following: (i)

10 by provider notice, the "category of risk of the vendor" for

11 each type of vendor, which shall take into account the level of

12 screening applicable to a particular category of vendor under

13 federal law and regulations; (ii) by rule or provider notice,

14 the maximum length of the conditional enrollment period for

15 each category of risk of the vendor; and (iii) by rule, the

16 hearing rights, if any, afforded to a vendor in each category

17 of risk of the vendor that is terminated or disenrolled during

18 the conditional enrollment period.

19  To be eligible for payment consideration, a vendor's

20 payment claim or bill, either as an initial claim or as a

21 resubmitted claim following prior rejection, must be received

22 by the Illinois Department, or its fiscal intermediary, no

23 later than 180 days after the latest date on the claim on which

24 medical goods or services were provided, with the following

25 exceptions:

26  (1) In the case of a provider whose enrollment is in
    SB3365 Enrolled       - 24 - LRB104 18483 SSS 31925 b

1   process by the Illinois Department, the 180-day period

2   shall not begin until the date on the written notice from

3   the Illinois Department that the provider enrollment is

4   complete.

5   (2) In the case of errors attributable to the Illinois

6   Department or any of its claims processing intermediaries

7   which result in an inability to receive, process, or

8   adjudicate a claim, the 180-day period shall not begin

9   until the provider has been notified of the error.

10  (3) In the case of a provider for whom the Illinois

11  Department initiates the monthly billing process.

12  (4) In the case of a provider operated by a unit of

13  local government with a population exceeding 3,000,000

14  when local government funds finance federal participation

15  for claims payments.

16  For claims for services rendered during a period for which

17 a recipient received retroactive eligibility, claims must be

18 filed within 180 days after the Department determines the

19 applicant is eligible. For claims for which the Illinois

20 Department is not the primary payer, claims must be submitted

21 to the Illinois Department within 180 days after the final

22 adjudication by the primary payer.

23  In the case of long term care facilities, within 120

24 calendar days of receipt by the facility of required

25 prescreening information, new admissions with associated

26 admission documents shall be submitted through the Medical
    SB3365 Enrolled  - 25 - LRB104 18483 SSS 31925 b

1 Electronic Data Interchange (MEDI) or the Recipient

2 Eligibility Verification (REV) System or shall be submitted

3 directly to the Department of Human Services using required

4 admission forms. Effective September 1, 2014, admission

5 documents, including all prescreening information, must be

6 submitted through MEDI or REV. Confirmation numbers assigned

7 to an accepted transaction shall be retained by a facility to

8 verify timely submittal. Once an admission transaction has

9 been completed, all resubmitted claims following prior

10 rejection are subject to receipt no later than 180 days after

11 the admission transaction has been completed.

12  Claims that are not submitted and received in compliance

13 with the foregoing requirements shall not be eligible for

14 payment under the medical assistance program, and the State

15 shall have no liability for payment of those claims.

16  To the extent consistent with applicable information and

17 privacy, security, and disclosure laws, State and federal

18 agencies and departments shall provide the Illinois Department

19 access to confidential and other information and data

20 necessary to perform eligibility and payment verifications and

21 other Illinois Department functions. This includes, but is not

22 limited to: information pertaining to licensure;

23 certification; earnings; immigration status; citizenship; wage

24 reporting; unearned and earned income; pension income;

25 employment; supplemental security income; social security

26 numbers; National Provider Identifier (NPI) numbers; the
    SB3365 Enrolled          - 26 - LRB104 18483 SSS 31925 b

1 National Practitioner Data Bank (NPDB); program and agency

2 exclusions; taxpayer identification numbers; tax delinquency;

3 corporate information; and death records.

4   The Illinois Department shall enter into agreements with

5 State agencies and departments, and is authorized to enter

6 into agreements with federal agencies and departments, under

7 which such agencies and departments shall share data necessary

8 for medical assistance program integrity functions and

9 oversight. The Illinois Department shall develop, in

10 cooperation with other State departments and agencies, and in

11 compliance with applicable federal laws and regulations,

12 appropriate and effective methods to share such data. At a

13 minimum, and to the extent necessary to provide data sharing,

14 the Illinois Department shall enter into agreements with State

15 agencies and departments, and is authorized to enter into

16 agreements with federal agencies and departments, including,

17 but not limited to: the Secretary of State; the Department of

18 Revenue; the Department of Public Health; the Department of

19 Human Services; and the Department of Financial and

20 Professional Regulation.

21  Beginning in fiscal year 2013, the Illinois Department

22 shall set forth a request for information to identify the

23 benefits of a pre-payment, post-adjudication, and post-edit

24 claims system with the goals of streamlining claims processing

25 and provider reimbursement, reducing the number of pending or

26 rejected claims, and helping to ensure a more transparent
   SB3365 Enrolled  - 27 - LRB104 18483 SSS 31925 b

1 adjudication process through the utilization of: (i) provider

2 data verification and provider screening technology; and (ii)

3 clinical code editing; and (iii) pre-pay, pre-adjudicated, or

4 post-adjudicated predictive modeling with an integrated case

5 management system with link analysis. Such a request for

6 information shall not be considered as a request for proposal

7 or as an obligation on the part of the Illinois Department to

8 take any action or acquire any products or services.

9  The Illinois Department shall establish policies,

10 procedures, standards and criteria by rule for the

11 acquisition, repair and replacement of orthotic and prosthetic

12 devices and durable medical equipment. Such rules shall

13 provide, but not be limited to, the following services: (1)

14 immediate repair or replacement of such devices by recipients;

15 and (2) rental, lease, purchase or lease-purchase of durable

16 medical equipment in a cost-effective manner, taking into

17 consideration the recipient's medical prognosis, the extent of

18 the recipient's needs, and the requirements and costs for

19 maintaining such equipment. Subject to prior approval, such

20 rules shall enable a recipient to temporarily acquire and use

21 alternative or substitute devices or equipment pending repairs

22 or replacements of any device or equipment previously

23 authorized for such recipient by the Department.

24 Notwithstanding any provision of Section 5-5f to the contrary,

25 the Department may, by rule, exempt certain replacement

26 wheelchair parts from prior approval and, for wheelchairs,
    SB3365 Enrolled  - 28 - LRB104 18483 SSS 31925 b

1 wheelchair parts, wheelchair accessories, and related seating

2 and positioning items, determine the wholesale price by

3 methods other than actual acquisition costs.

4   The Department shall require, by rule, all providers of

5 durable medical equipment to be accredited by an accreditation

6 organization approved by the federal Centers for Medicare and

7 Medicaid Services and recognized by the Department in order to

8 bill the Department for providing durable medical equipment to

9 recipients. No later than 15 months after the effective date

10 of the rule adopted pursuant to this paragraph, all providers

11 must meet the accreditation requirement.

12  In order to promote environmental responsibility, meet the

13 needs of recipients and enrollees, and achieve significant

14 cost savings, the Department, or a managed care organization

15 under contract with the Department, may provide recipients or

16 managed care enrollees who have a prescription or Certificate

17 of Medical Necessity access to refurbished durable medical

18 equipment under this Section (excluding prosthetic and

19 orthotic devices as defined in the Orthotics, Prosthetics, and

20 Pedorthics Practice Act and complex rehabilitation technology

21 products and associated services) through the State's

22 assistive technology program's reutilization program, using

23 staff with the Assistive Technology Professional (ATP)

24 Certification if the refurbished durable medical equipment:

25 (i) is available; (ii) is less expensive, including shipping

26 costs, than new durable medical equipment of the same type;
    SB3365 Enrolled  - 29 - LRB104 18483 SSS 31925 b

1 (iii) is able to withstand at least 3 years of use; (iv) is

2 cleaned, disinfected, sterilized, and safe in accordance with

3 federal Food and Drug Administration regulations and guidance

4 governing the reprocessing of medical devices in health care

5 settings; and (v) equally meets the needs of the recipient or

6 enrollee. The reutilization program shall confirm that the

7 recipient or enrollee is not already in receipt of the same or

8 similar equipment from another service provider, and that the

9 refurbished durable medical equipment equally meets the needs

10 of the recipient or enrollee. Nothing in this paragraph shall

11 be construed to limit recipient or enrollee choice to obtain

12 new durable medical equipment or place any additional prior

13 authorization conditions on enrollees of managed care

14 organizations.

15  The Department shall execute, relative to the nursing home

16 prescreening project, written inter-agency agreements with the

17 Department of Human Services and the Department on Aging, to

18 effect the following: (i) intake procedures and common

19 eligibility criteria for those persons who are receiving

20 non-institutional services; and (ii) the establishment and

21 development of non-institutional services in areas of the

22 State where they are not currently available or are

23 undeveloped; and (iii) notwithstanding any other provision of

24 law, subject to federal approval, on and after July 1, 2012, an

25 increase in the determination of need (DON) scores from 29 to

26 37 for applicants for institutional and home and
    SB3365 Enrolled            - 30 - LRB104 18483 SSS 31925 b

1 community-based long term care; if and only if federal

2 approval is not granted, the Department may, in conjunction

3 with other affected agencies, implement utilization controls

4 or changes in benefit packages to effectuate a similar savings

5 amount for this population; and (iv) no later than July 1,

6 2013, minimum level of care eligibility criteria for

7 institutional and home and community-based long term care; and

8 (v) no later than October 1, 2013, establish procedures to

9 permit long term care providers access to eligibility scores

10 for individuals with an admission date who are seeking or

11 receiving services from the long term care provider. In order

12 to select the minimum level of care eligibility criteria, the

13 Governor shall establish a workgroup that includes affected

14 agency representatives and stakeholders representing the

15 institutional and home and community-based long term care

16 interests. This Section shall not restrict the Department from

17 implementing lower level of care eligibility criteria for

18 community-based services in circumstances where federal

19 approval has been granted.

20  The Illinois Department shall develop and operate, in

21 cooperation with other State Departments and agencies and in

22 compliance with applicable federal laws and regulations,

23 appropriate and effective systems of health care evaluation

24 and programs for monitoring of utilization of health care

25 services and facilities, as it affects persons eligible for

26 medical assistance under this Code.
    SB3365 Enrolled       - 31 - LRB104 18483 SSS 31925 b

1   The Illinois Department shall report annually to the

2 General Assembly, no later than the second Friday in April of

3 1979 and each year thereafter, in regard to:

4   (a) actual statistics and trends in utilization of

5   medical services by public aid recipients;

6   (b) actual statistics and trends in the provision of

7   the various medical services by medical vendors;

8   (c) current rate structures and proposed changes in

9   those rate structures for the various medical vendors; and

10  (d) efforts at utilization review and control by the

11  Illinois Department.

12  The period covered by each report shall be the 3 years

13 ending on the June 30 prior to the report. The report shall

14 include suggested legislation for consideration by the General

15 Assembly. The requirement for reporting to the General

16 Assembly shall be satisfied by filing copies of the report as

17 required by Section 3.1 of the General Assembly Organization

18 Act, and filing such additional copies with the State

19 Government Report Distribution Center for the General Assembly

20 as is required under paragraph (t) of Section 7 of the State

21 Library Act.

22  Rulemaking authority to implement Public Act 95-1045, if

23 any, is conditioned on the rules being adopted in accordance

24 with all provisions of the Illinois Administrative Procedure

25 Act and all rules and procedures of the Joint Committee on

26 Administrative Rules; any purported rule not so adopted, for
    SB3365 Enrolled   - 32 - LRB104 18483 SSS 31925 b

1 whatever reason, is unauthorized.

2   On and after July 1, 2012, the Department shall reduce any

3 rate of reimbursement for services or other payments or alter

4 any methodologies authorized by this Code to reduce any rate

5 of reimbursement for services or other payments in accordance

6 with Section 5-5e.

7   Because kidney transplantation can be an appropriate,

8 cost-effective alternative to renal dialysis when medically

9 necessary and notwithstanding the provisions of Section 1-11

10 of this Code, beginning October 1, 2014, the Department shall

11 cover kidney transplantation for noncitizens with end-stage

12 renal disease who are not eligible for comprehensive medical

13 benefits, who meet the residency requirements of Section 5-3

14 of this Code, and who would otherwise meet the financial

15 requirements of the appropriate class of eligible persons

16 under Section 5-2 of this Code. To qualify for coverage of

17 kidney transplantation, such person must be receiving

18 emergency renal dialysis services covered by the Department.

19 Providers under this Section shall be prior approved and

20 certified by the Department to perform kidney transplantation

21 and the services under this Section shall be limited to

22 services associated with kidney transplantation.

23  Notwithstanding any other provision of this Code to the

24 contrary, on or after July 1, 2015, all FDA-approved forms of

25 medication assisted treatment prescribed for the treatment of

26 alcohol dependence or treatment of opioid dependence shall be
    SB3365 Enrolled     - 33 - LRB104 18483 SSS 31925 b

1 covered under both fee-for-service and managed care medical

2 assistance programs for persons who are otherwise eligible for

3 medical assistance under this Article and shall not be subject

4 to any (1) utilization control, other than those established

5 under the American Society of Addiction Medicine patient

6 placement criteria, (2) prior authorization mandate, (3)

7 lifetime restriction limit mandate, or (4) limitations on

8 dosage.

9   On or after July 1, 2015, opioid antagonists prescribed

10 for the treatment of an opioid overdose, including the

11 medication product, administration devices, and any pharmacy

12 fees or hospital fees related to the dispensing, distribution,

13 and administration of the opioid antagonist, shall be covered

14 under the medical assistance program for persons who are

15 otherwise eligible for medical assistance under this Article.

16 As used in this Section, "opioid antagonist" means a drug that

17 binds to opioid receptors and blocks or inhibits the effect of

18 opioids acting on those receptors, including, but not limited

19 to, naloxone hydrochloride or any other similarly acting drug

20 approved by the U.S. Food and Drug Administration. The

21 Department shall not impose a copayment on the coverage

22 provided for naloxone hydrochloride under the medical

23 assistance program.

24  Upon federal approval, the Department shall provide

25 coverage and reimbursement for all drugs that are approved for

26 marketing by the federal Food and Drug Administration and that
    SB3365 Enrolled       - 34 - LRB104 18483 SSS 31925 b

1 are recommended by the federal Public Health Service or the

2 United States Centers for Disease Control and Prevention for

3 pre-exposure prophylaxis and related pre-exposure prophylaxis

4 services, including, but not limited to, HIV and sexually

5 transmitted infection screening, treatment for sexually

6 transmitted infections, medical monitoring, assorted labs, and

7 counseling to reduce the likelihood of HIV infection among

8 individuals who are not infected with HIV but who are at high

9 risk of HIV infection.

10  A federally qualified health center, as defined in Section

11 1905(l)(2)(B) of the federal Social Security Act, shall be

12 reimbursed by the Department in accordance with the federally

13 qualified health center's encounter rate for services provided

14 to medical assistance recipients that are performed by a

15 dental hygienist, as defined under the Illinois Dental

16 Practice Act, working under the general supervision of a

17 dentist and employed by a federally qualified health center.

18  Within 90 days after October 8, 2021 (the effective date

19 of Public Act 102-665), the Department shall seek federal

20 approval of a State Plan amendment to expand coverage for

21 family planning services that includes presumptive eligibility

22 to individuals whose income is at or below 208% of the federal

23 poverty level. Coverage under this Section shall be effective

24 beginning no later than December 1, 2022.

25  Subject to approval by the federal Centers for Medicare

26 and Medicaid Services of a Title XIX State Plan amendment
    SB3365 Enrolled      - 35 - LRB104 18483 SSS 31925 b

1 electing the Program of All-Inclusive Care for the Elderly

2 (PACE) as a State Medicaid option, as provided for by Subtitle

3 I (commencing with Section 4801) of Title IV of the Balanced

4 Budget Act of 1997 (Public Law 105-33) and Part 460

5 (commencing with Section 460.2) of Subchapter E of Title 42 of

6 the Code of Federal Regulations, PACE program services shall

7 become a covered benefit of the medical assistance program,

8 subject to criteria established in accordance with all

9 applicable laws.

10  Notwithstanding any other provision of this Code,

11 community-based pediatric palliative care from a trained

12 interdisciplinary team shall be covered under the medical

13 assistance program as provided in Section 15 of the Pediatric

14 Palliative Care Act.

15  Notwithstanding any other provision of this Code, within

16 12 months after June 2, 2022 (the effective date of Public Act

17 102-1037) and subject to federal approval, acupuncture

18 services performed by an acupuncturist licensed under the

19 Acupuncture Practice Act who is acting within the scope of his

20 or her license shall be covered under the medical assistance

21 program. The Department shall apply for any federal waiver or

22 State Plan amendment, if required, to implement this

23 paragraph. The Department may adopt any rules, including

24 standards and criteria, necessary to implement this paragraph.

25  Notwithstanding any other provision of this Code, the

26 medical assistance program shall, subject to federal approval,
    SB3365 Enrolled              - 36 - LRB104 18483 SSS 31925 b

1 reimburse hospitals for costs associated with a newborn

2 screening test for the presence of metachromatic

3 leukodystrophy, as required under the Newborn Metabolic

4 Screening Act, at a rate not less than the fee charged by the

5 Department of Public Health. Notwithstanding any other

6 provision of this Code, the medical assistance program shall,

7 subject to appropriation and federal approval, also reimburse

8 hospitals for costs associated with all newborn screening

9 tests added on and after August 9, 2024 (the effective date of

10 Public Act 103-909) to the Newborn Metabolic Screening Act and

11 required to be performed under that Act at a rate not less than

12 the fee charged by the Department of Public Health. The

13 Department shall seek federal approval before the

14 implementation of the newborn screening test fees by the

15 Department of Public Health.

16  Notwithstanding any other provision of this Code,

17 beginning on January 1, 2024, subject to federal approval,

18 cognitive assessment and care planning services provided to a

19 person who experiences signs or symptoms of cognitive

20 impairment, as defined by the Diagnostic and Statistical

21 Manual of Mental Disorders, Fifth Edition, shall be covered

22 under the medical assistance program for persons who are

23 otherwise eligible for medical assistance under this Article.

24  Notwithstanding any other provision of this Code,

25 medically necessary reconstructive services that are intended

26 to restore physical appearance shall be covered under the
    SB3365 Enrolled             - 37 - LRB104 18483 SSS 31925 b

1 medical assistance program for persons who are otherwise

2 eligible for medical assistance under this Article. As used in

3 this paragraph, "reconstructive services" means treatments

4 performed on structures of the body damaged by trauma to

5 restore physical appearance.

6   Subject to federal approval, for dates of services on and

7 after January 1, 2026, over-the-counter choline dietary

8 supplements for pregnant persons shall be covered under the

9 medical assistance program.

10 (Source: P.A. 103-102, Article 15, Section 15-5, eff. 1-1-24;

11 103-102, Article 95, Section 95-15, eff. 1-1-24; 103-123, eff.

12 1-1-24; 103-154, eff. 6-30-23; 103-368, eff. 1-1-24; 103-593,

13 Article 5, Section 5-5, eff. 6-7-24; 103-593, Article 90,

14 Section 90-5, eff. 6-7-24; 103-605, eff. 7-1-24; 103-808, eff.

15 1-1-26; 103-909, eff. 8-9-24; 103-1040, eff. 8-9-24; 104-9,

16 eff. 6-16-25; 104-417, eff. 8-15-25.)

17                         ARTICLE 6.

18  Section 6-5. The Illinois Public Aid Code is amended by

19 adding Article V-J as follows:

20  (305 ILCS 5/Art. V-J heading new)

21  ARTICLE V-J. DISTRESSED HOSPITAL LOAN PROGRAM

22  (305 ILCS 5/5J-1 new)
    SB3365 Enrolled         - 38 - LRB104 18483 SSS 31925 b

1   Sec. 5J-1. References to Article. This Article may be

2 referred to as the Distressed Hospital Loan Program Law.

3   (305 ILCS 5/5J-5 new)

4   Sec. 5J-5. Distressed Hospital Loan Program. The

5 Distressed Hospital Loan Program is created. The purpose of

6 the Program is to provide, subject to appropriation and the

7 availability of funds, interest-free cash flow loans to

8 public, not-for-profit, and for-profit hospitals in

9 significant financial distress to prevent the closure of or to

10 facilitate the reopening of those hospitals.

11  (305 ILCS 5/5J-10 new)

12  Sec. 5J-10. Definitions. As used in this Article:

13  "Closed hospital" means a hospital that closed after

14 January 1, 2019.

15  "Department" means the Department of Healthcare and Family

16 Services.

17  "Program" means the Distressed Hospital Loan Program.

18  "Public hospital" means a hospital that is licensed by the

19 Hospital Licensing Act and is either owned or operated by a

20 governmental body in Illinois, excluding a State agency, a

21 State university, or a county with a population of 3,000,000

22 or more.

23  (305 ILCS 5/5J-15 new)
    SB3365 Enrolled           - 39 - LRB104 18483 SSS 31925 b

1   Sec. 5J-15. Administration. The Department shall

2 administer the Distressed Hospital Loan Program in

3 coordination with the Department of Public Health and the

4 Governor's Office of Management and Budget. The Department

5 shall adopt rules to implement this Program.

6   (305 ILCS 5/5J-18 new)

7   Sec. 5J-18. Application requirements. A hospital applying

8 for aid under this Program shall provide the Department with

9 financial information, in a format determined by the

10 Department, demonstrating the hospital's need for bridge

11 financing due to financial hardship.

12  (1) Before receiving bridge financing under this

13  Program, an eligible hospital shall submit a plan to the

14  Department, with projections detailing the uses of the

15  proposed loan and a structured plan proposed by the

16  hospital's governing body to regain financial viability

17  and continue operations.

18  (2) Before issuing a loan under this Program, the

19  Department shall review the plan submitted by an eligible

20  hospital and make a determination both that the plan is

21  viable and that there is a reasonable likelihood that the

22  hospital will be able to regain financial viability,

23  continue to operate as a hospital, and be able to repay the

24  loan. The Department shall not issue a loan award if the

25  Department is unable to make these determinations.
    SB3365 Enrolled         - 40 - LRB104 18483 SSS 31925 b

1   (3) All funds loaned in accordance with this Article

2   shall be used as described in the application approved by

3   the Department, which shall be incorporated into any

4   resulting loan agreement. Any misused funds shall be

5   recouped by the Department subject to the recoupment

6   methods under Section 5J-25. In addition to any other

7   remedies provided for by law and without sending a notice

8   of liability, the Department may withhold, as payment of

9   any amounts due and owing as repayment of loans issued in

10  accordance with this Article, reimbursements or other

11  amounts otherwise payable by the Department to the loan

12  recipient, including, but not limited to, amounts

13  otherwise payable from a managed care organization

14  performing duties under contract with the Department.

15  (305 ILCS 5/5J-20 new)

16  Sec. 5J-20. Application evaluation.

17  (a) In collaboration with the Governor's Office of

18 Management and Budget and the Department of Public Health, the

19 Department shall develop a methodology to evaluate a

20 hospital's application for a loan through the Program.

21  (b) The methodology shall consider factors including, but

22 not limited to, whether the hospital is in financial distress

23 as solely determined by the State; whether the hospital is

24 small, rural, a safety-net hospital, a critical access

25 hospital, a trauma center, an urban hospital providing access
    SB3365 Enrolled  - 41 - LRB104 18483 SSS 31925 b

1 for an underserved area, a hospital that serves a

2 disproportionate share of Medicaid patients, or serving a

3 rural catchment area; and whether closure of the hospital or

4 service line reduction as a result of the financial distress

5 would significantly impact access to services in the

6 hospital's health service area.

7   (c) The methodology for determining financial distress may

8 consider such factors as the hospital's prior and projected

9 performance on financial metrics, including the amount of cash

10 on hand, and whether the hospital has experienced, or is

11 projected to experience, negative operating margins.

12  (d) Subject to appropriation and the availability of

13 funds, any loan to a hospital with an approved loan

14 application shall be issued as soon as reasonably practicable

15 following approval of an application. Approved applications

16 shall receive funding on a first-come, first-served basis

17 until funding appropriated by the General Assembly for this

18 purpose has been expended. The Department maintains discretion

19 to determine the amount of a loan approved for a hospital and

20 may approve less than the amount requested by a hospital. The

21 Department may consider the amount of appropriations available

22 to this Program in the exercise of its discretion.

23  (e) Hospitals ineligible for State assistance under the

24 Program include:

25  (1) Hospitals that belong to integrated health care

26  systems with more than 3 separately licensed hospital
    SB3365 Enrolled         - 42 - LRB104 18483 SSS 31925 b

1   facilities.

2   (2) A hospital that maintains unpaid hospital

3   assessment liability owed to the State and either does not

4   have a negotiated tax repayment agreement with the State

5   or is delinquent under an existing negotiated assessment

6   repayment agreement.

7   (3) A hospital that is not current on a repayment

8   schedule for a prior advance issued in accordance with 89

9   Ill. Adm. Code 140.71.

10  (4) A hospital that has not provided required

11  reporting on its finances as mandated by State law or

12  administrative rule.

13  (5) A hospital that is subject to a stop payment

14  order, as defined by the Grant Accountability and

15  Transparency Act, with the State for any reason.

16  (6) A hospital that has been under investigation or

17  been issued an immediate jeopardy by the Centers for

18  Medicare and Medicaid Services in the prior 12 months from

19  the time of loan application.

20  (f) The Department shall give preference to not-for-profit

21 and public hospitals. Hospitals owned and operated by a

22 for-profit entity shall be subject to a maximum funding limit,

23 expedited repayment time frames, and additional financial and

24 operational transparency requirements as defined in rule.

25  (g) The Department shall determine the application

26 process, underwriting review, and methodology for approval and
    SB3365 Enrolled         - 43 - LRB104 18483 SSS 31925 b

1 distribution of the loans under the Program.

2   (h) The Department shall have the authority to determine

3 service provision requirements in approving, and for the

4 duration of, loans to eligible hospitals. In making its

5 determination, the Department shall consider the impact of any

6 changes to the hospital's service delivery or access to

7 necessary medical care, particularly for beneficiaries of the

8 State's medical assistance Program.

9   (i) The application process shall allow for at least 30

10 days for the Department to issue an initial response to any

11 loan application.

12  (305 ILCS 5/5J-25 new)

13  Sec. 5J-25. Repayment agreement.

14  (a) A hospital shall be required to enter into a repayment

15 agreement with the Department to execute the approved loan.

16 Terms must include, but are not limited to, monthly repayments

17 of the loan beginning no later than 18 months after receipt of

18 the loan and discharge of the loan within 36 months of the date

19 of the loan.

20  (b) Notwithstanding any other law and to the extent

21 permissible under federal rules, security for the cash flow

22 loans in this Article shall, at a minimum, include

23 reimbursements due to the hospital from the Department,

24 including, but not limited to, any reimbursements under this

25 Code. The repayment agreement may provide for additional
    SB3365 Enrolled     - 44 - LRB104 18483 SSS 31925 b

1 security for any cash flow loans under this Article.

2   (c) If the hospital provider fails to comply with the

3 repayment terms of the agreement, the remaining balance of the

4 loan shall be immediately recouped from reimbursements or

5 other amounts otherwise payable by the Department to the loan

6 recipient, including, but not limited to, amounts otherwise

7 payable from a managed care organization performing duties

8 under contract with the Department. The Department may also

9 recoup amounts otherwise payable by any State agency to the

10 provider, including, but not limited to, State grants and

11 grant appropriations, and apply such amounts as repayment of

12 the unpaid advance. If such reimbursements or other amounts

13 otherwise payable to the loan recipient are insufficient for

14 complete recovery, the remaining balance shall become

15 immediately due and payable by check to the Department of

16 Healthcare and Family Services. Failure by the provider to

17 remit such check shall result in the Department pursuing other

18 collection methods.

19  (d) Any unpaid loan under this Article shall become a lien

20 upon the assets of the hospital that received the loan. If any

21 hospital provider, outside the usual course of its business,

22 sells or transfers the major part of any one or more of (A) the

23 real property and improvements, (B) the machinery and

24 equipment, or (C) the furniture or fixtures, of any hospital

25 that is subject to the provisions of this Article, the seller

26 or transferor shall pay the Department the amount of any loan,
    SB3365 Enrolled  - 45 - LRB104 18483 SSS 31925 b

1 penalty, and interest (if any) due from it under this Article

2 up to the date of the sale or transfer. The Department may, in

3 its discretion, foreclose on such a lien, but shall do so in a

4 manner that is consistent with Section 5e of the Retailers'

5 Occupation Tax Act. If the seller or transferor fails to pay

6 any loan, penalty, and interest (if any) due, the purchaser or

7 transferee of such asset shall be liable for the amount of the

8 loan, penalties, and interest (if any) up to the amount of the

9 reasonable value of the property acquired by the purchaser or

10 transferee. The purchaser or transferee shall continue to be

11 liable until the purchaser or transferee pays the full amount

12 of the loan, penalties, and interest (if any) up to the amount

13 of the reasonable value of the property acquired by the

14 purchaser or transferee or until the purchaser or transferee

15 receives from the Department a certificate showing that such

16 loan, penalty, and interest have been paid or a certificate

17 from the Department showing that no loan, penalty, or interest

18 is due from the seller or transferor under this Article.

19  (e) If a hospital provider fails to pay any monthly

20 installment repayments, there shall, unless waived by the

21 Department for reasonable cause, be added to the loan

22 repayment obligation a penalty equal to the lesser of (i) 5% of

23 the amount of the installment not paid on or before the due

24 date plus 5% of the portion thereof remaining unpaid on the

25 last day of each 30-day period thereafter or (ii) 100% of the

26 installment amount not paid on or before the due date.
    SB3365 Enrolled             - 46 - LRB104 18483 SSS 31925 b

1   (305 ILCS 5/5J-30 new)

2   Sec. 5J-30. Distressed Hospital Loan Program Fund.

3   (a) The Distressed Hospital Loan Program Fund is created

4 as a special fund in the State treasury.

5   (b) Subject to appropriation, the Department may make

6 secured and unsecured loans from amounts in the Distressed

7 Hospital Loan Program Fund to a hospital, or a governmental

8 entity representing a closed hospital, for purposes of

9 preventing the hospital's closure in accordance with the

10 provisions of this Article.

11  (c) On January 1, 2027, or as soon thereafter as

12 practical, the State Comptroller shall direct and the State

13 Treasurer shall transfer, at the direction of the Director of

14 the Department, an amount not to exceed $85,000,000 from the

15 Healthcare Provider Relief Fund to the Distressed Hospital

16 Loan Program Fund.

17  (d) All moneys accruing to the Department under this

18 Article from any source, including, but not limited to, all

19 amounts repaid under the terms of any loan agreements, shall

20 be deposited into the Fund.

21  (e) On June 30, 2033, or as soon thereafter as practical,

22 the State Comptroller shall direct and the State Treasurer

23 shall transfer the remaining balance in the Distressed

24 Hospital Loan Program Fund to the Healthcare Provider Relief

25 Fund. Upon completion of the transfers, the Distressed
    SB3365 Enrolled            - 47 - LRB104 18483 SSS 31925 b

1 Hospital Loan Program Fund is dissolved and any outstanding

2 obligations or liabilities of the Fund pass to the Healthcare

3 Provider Relief Fund. The Department shall deposit all

4 subsequent loan repayments or medical assistance program or

5 other reimbursements withheld for due cause in accordance with

6 this Article into the Healthcare Provider Relief Fund.

7   (f) The Department may require any hospital receiving a

8 loan under this Article to provide the Department with an

9 independent financial audit of the hospital's operations for

10 any fiscal year in which a loan is outstanding.

11  (305 ILCS 5/5J-35 new)

12  Sec. 5J-35. Implementation. The Program described in this

13 Article shall be operative on and after January 1, 2027 and

14 shall be implemented upon administrative rules being in

15 effect.

16  (305 ILCS 5/5J-40 new)

17  Sec. 5J-40. Repealer. This Article is repealed on June 30,

18 2033.

19  Section 6-70. The State Finance Act is amended by adding

20 Section 5.1038 as follows:

21  (30 ILCS 105/5.1038 new)

22  Sec. 5.1038. The Distressed Hospital Loan Program Fund.
    SB3365 Enrolled           - 48 - LRB104 18483 SSS 31925 b

1 This Section is repealed June 30, 2033.

2   Section 6-72. The Illinois Administrative Procedure Act is

3 amended by adding Section 5-45.71 as follows:

4   (5 ILCS 100/5-45.71 new)

5   Sec. 5-45.71. Emergency rulemaking; Health Facilities and

6 Services Review Board. To provide for the expeditious and

7 timely implementation of the changes made by this amendatory

8 Act of the 104th General Assembly to Section 13 of the Illinois

9 Health Facilities Planning Act, emergency rules may be adopted

10 in accordance with Section 5-45 by the Health Facilities and

11 Services Review Board. The adoption of emergency rules

12 authorized by Section 5-45 and this Section is deemed to be

13 necessary for the public interest, safety, and welfare.

14  This Section is repealed one year after the effective date

15 of this amendatory Act of the 104th General Assembly.

16  Section 6-73. The Freedom of Information Act is amended by

17 changing Section 7.5 as follows:

18  (5 ILCS 140/7.5)

19  (Text of Section before amendment by P.A. 104-441 and

20 104-457)

21  Sec. 7.5. Statutory exemptions. To the extent provided for

22 by the statutes referenced below, the following shall be
    SB3365 Enrolled         - 49 - LRB104 18483 SSS 31925 b

1 exempt from inspection and copying:

2   (a) All information determined to be confidential

3   under Section 4002 of the Technology Advancement and

4   Development Act.

5   (b) Library circulation and order records identifying

6   library users with specific materials under the Library

7   Records Confidentiality Act.

8   (c) Applications, related documents, and medical

9   records received by the Experimental Organ Transplantation

10  Procedures Board and any and all documents or other

11  records prepared by the Experimental Organ Transplantation

12  Procedures Board or its staff relating to applications it

13  has received.

14  (d) Information and records held by the Department of

15  Public Health and its authorized representatives relating

16  to known or suspected cases of sexually transmitted

17  infection or any information the disclosure of which is

18  restricted under the Illinois Sexually Transmitted

19  Infection Control Act.

20  (e) Information the disclosure of which is exempted

21  under Section 30 of the Radon Industry Licensing Act.

22  (f) Firm performance evaluations under Section 55 of

23  the Architectural, Engineering, and Land Surveying

24  Qualifications Based Selection Act.

25  (g) Information the disclosure of which is restricted

26  and exempted under Section 50 of the Illinois Prepaid
    SB3365 Enrolled  - 50 - LRB104 18483 SSS 31925 b

1   Tuition Act.

2   (h) Information the disclosure of which is exempted

3   under the State Officials and Employees Ethics Act, and

4   records of any lawfully created State or local inspector

5   general's office that would be exempt if created or

6   obtained by an Executive Inspector General's office under

7   that Act.

8   (i) Information contained in a local emergency energy

9   plan submitted to a municipality in accordance with a

10  local emergency energy plan ordinance that is adopted

11  under Section 11-21.5-5 of the Illinois Municipal Code.

12  (j) Information and data concerning the distribution

13  of surcharge moneys collected and remitted by carriers

14  under the Emergency Telephone System Act.

15  (k) Law enforcement officer identification information

16  or driver identification information compiled by a law

17  enforcement agency or the Department of Transportation

18  under Section 11-212 of the Illinois Vehicle Code.

19  (l) Records and information provided to a residential

20  health care facility resident sexual assault and death

21  review team or the Executive Council under the Abuse

22  Prevention Review Team Act.

23  (m) Information provided to the predatory lending

24  database created pursuant to Article 3 of the Residential

25  Real Property Disclosure Act, except to the extent

26  authorized under that Article.
    SB3365 Enrolled  - 51 - LRB104 18483 SSS 31925 b

1   (n) Defense budgets and petitions for certification of

2   compensation and expenses for court appointed trial

3   counsel as provided under Sections 10 and 15 of the

4   Capital Crimes Litigation Act (repealed). This subsection

5   (n) shall apply until the conclusion of the trial of the

6   case, even if the prosecution chooses not to pursue the

7   death penalty prior to trial or sentencing.

8   (o) Information that is prohibited from being

9   disclosed under Section 4 of the Illinois Health and

10  Hazardous Substances Registry Act.

11  (p) Security portions of system safety program plans,

12  investigation reports, surveys, schedules, lists, data, or

13  information compiled, collected, or prepared by or for the

14  Department of Transportation under Sections 2705-300 and

15  2705-616 of the Department of Transportation Law of the

16  Civil Administrative Code of Illinois, the Regional

17  Transportation Authority under Section 2.11 of the

18  Regional Transportation Authority Act, or the St. Clair

19  County Transit District under the Bi-State Transit Safety

20  Act (repealed).

21  (q) Information prohibited from being disclosed by the

22  Personnel Record Review Act.

23  (r) Information prohibited from being disclosed by the

24  Illinois School Student Records Act.

25  (s) Information the disclosure of which is restricted

26  under Section 5-108 of the Public Utilities Act.
    SB3365 Enrolled  - 52 - LRB104 18483 SSS 31925 b

1   (t) (Blank).

2   (u) Records and information provided to an independent

3   team of experts under the Developmental Disability and

4   Mental Health Safety Act (also known as Brian's Law).

5   (v) Names and information of people who have applied

6   for or received Firearm Owner's Identification Cards under

7   the Firearm Owners Identification Card Act or applied for

8   or received a concealed carry license under the Firearm

9   Concealed Carry Act, unless otherwise authorized by the

10  Firearm Concealed Carry Act; and databases under the

11  Firearm Concealed Carry Act, records of the Concealed

12  Carry Licensing Review Board under the Firearm Concealed

13  Carry Act, and law enforcement agency objections under the

14  Firearm Concealed Carry Act.

15  (v-5) Records of the Firearm Owner's Identification

16  Card Review Board that are exempted from disclosure under

17  Section 10 of the Firearm Owners Identification Card Act.

18  (w) Personally identifiable information which is

19  exempted from disclosure under subsection (g) of Section

20  19.1 of the Toll Highway Act.

21  (x) Information which is exempted from disclosure

22  under Section 5-1014.3 of the Counties Code or Section

23  8-11-21 of the Illinois Municipal Code.

24  (y) Confidential information under the Adult

25  Protective Services Act and its predecessor enabling

26  statute, the Elder Abuse and Neglect Act, including
    SB3365 Enrolled  - 53 - LRB104 18483 SSS 31925 b

1   information about the identity and administrative finding

2   against any caregiver of a verified and substantiated

3   decision of abuse, neglect, or financial exploitation of

4   an eligible adult maintained in the Registry established

5   under Section 7.5 of the Adult Protective Services Act.

6   (z) Records and information provided to a fatality

7   review team or the Illinois Fatality Review Team Advisory

8   Council under Section 15 of the Adult Protective Services

9   Act.

10  (aa) Information which is exempted from disclosure

11  under Section 2.37 of the Wildlife Code.

12  (bb) Information which is or was prohibited from

13  disclosure by the Juvenile Court Act of 1987.

14  (cc) Recordings made under the Law Enforcement

15  Officer-Worn Body Camera Act, except to the extent

16  authorized under that Act.

17  (dd) Information that is prohibited from being

18  disclosed under Section 45 of the Condominium and Common

19  Interest Community Ombudsperson Act.

20  (ee) Information that is exempted from disclosure

21  under Section 30.1 of the Pharmacy Practice Act.

22  (ff) Information that is exempted from disclosure

23  under the Revised Uniform Unclaimed Property Act.

24  (gg) Information that is prohibited from being

25  disclosed under Section 7-603.5 of the Illinois Vehicle

26  Code.
    SB3365 Enrolled          - 54 - LRB104 18483 SSS 31925 b

1   (hh) Records that are exempt from disclosure under

2   Section 1A-16.7 of the Election Code.

3   (ii) Information which is exempted from disclosure

4   under Section 2505-800 of the Department of Revenue Law of

5   the Civil Administrative Code of Illinois.

6   (jj) Information and reports that are required to be

7   submitted to the Department of Labor by registering day

8   and temporary labor service agencies but are exempt from

9   disclosure under subsection (a-1) of Section 45 of the Day

10  and Temporary Labor Services Act.

11  (kk) Information prohibited from disclosure under the

12  Seizure and Forfeiture Reporting Act.

13  (ll) Information the disclosure of which is restricted

14  and exempted under Section 5-30.8 of the Illinois Public

15  Aid Code.

16  (mm) Records that are exempt from disclosure under

17  Section 4.2 of the Crime Victims Compensation Act.

18  (nn) Information that is exempt from disclosure under

19  Section 70 of the Higher Education Student Assistance Act.

20  (oo) Communications, notes, records, and reports

21  arising out of a peer support counseling session

22  prohibited from disclosure under the First Responders

23  Suicide Prevention Act.

24  (pp) Names and all identifying information relating to

25  an employee of an emergency services provider or law

26  enforcement agency under the First Responders Suicide
    SB3365 Enrolled           - 55 - LRB104 18483 SSS 31925 b

1   Prevention Act.

2   (qq) Information and records held by the Department of

3   Public Health and its authorized representatives collected

4   under the Reproductive Health Act.

5   (rr) Information that is exempt from disclosure under

6   the Cannabis Regulation and Tax Act.

7   (ss) Data reported by an employer to the Department of

8   Human Rights pursuant to Section 2-108 of the Illinois

9   Human Rights Act.

10  (tt) Recordings made under the Children's Advocacy

11  Center Act, except to the extent authorized under that

12  Act.

13  (uu) Information that is exempt from disclosure under

14  Section 50 of the Sexual Assault Evidence Submission Act.

15  (vv) Information that is exempt from disclosure under

16  subsections (f) and (j) of Section 5-36 of the Illinois

17  Public Aid Code.

18  (ww) Information that is exempt from disclosure under

19  Section 16.8 of the State Treasurer Act.

20  (xx) Information that is exempt from disclosure or

21  information that shall not be made public under the

22  Illinois Insurance Code.

23  (yy) Information prohibited from being disclosed under

24  the Illinois Educational Labor Relations Act.

25  (zz) Information prohibited from being disclosed under

26  the Illinois Public Labor Relations Act.
    SB3365 Enrolled        - 56 - LRB104 18483 SSS 31925 b

1   (aaa) Information prohibited from being disclosed

2   under Section 1-167 of the Illinois Pension Code.

3   (bbb) Information that is prohibited from disclosure

4   by the Illinois Police Training Act and the Illinois State

5   Police Act.

6   (ccc) Records exempt from disclosure under Section

7   2605-304 of the Illinois State Police Law of the Civil

8   Administrative Code of Illinois.

9   (ddd) Information prohibited from being disclosed

10  under Section 35 of the Address Confidentiality for

11  Victims of Domestic Violence, Sexual Assault, Human

12  Trafficking, or Stalking Act.

13  (eee) Information prohibited from being disclosed

14  under subsection (b) of Section 75 of the Domestic

15  Violence Fatality Review Act.

16  (fff) Images from cameras under the Expressway Camera

17  Act and all automated license plate reader (ALPR)

18  information used and collected by the Illinois State

19  Police. "ALPR information" means information gathered by

20  an ALPR or created from the analysis of data generated by

21  an ALPR. This subsection (fff) is inoperative on and after

22  July 1, 2028.

23  (ggg) Information prohibited from disclosure under

24  paragraph (3) of subsection (a) of Section 14 of the Nurse

25  Agency Licensing Act.

26  (hhh) Information submitted to the Illinois State
    SB3365 Enrolled    - 57 - LRB104 18483 SSS 31925 b

1   Police in an affidavit or application for an assault

2   weapon endorsement, assault weapon attachment endorsement,

3   .50 caliber rifle endorsement, or .50 caliber cartridge

4   endorsement under the Firearm Owners Identification Card

5   Act.

6   (iii) Data exempt from disclosure under Section 50 of

7   the School Safety Drill Act.

8   (jjj) Information exempt from disclosure under Section

9   30 of the Insurance Data Security Law.

10  (kkk) Confidential business information prohibited

11  from disclosure under Section 45 of the Paint Stewardship

12  Act.

13  (lll) Data exempt from disclosure under Section

14  2-3.196 of the School Code.

15  (mmm) Information prohibited from being disclosed

16  under subsection (e) of Section 1-129 of the Illinois

17  Power Agency Act.

18  (nnn) Materials received by the Department of Commerce

19  and Economic Opportunity that are confidential under the

20  Music and Musicians Tax Credit and Jobs Act.

21  (ooo) Data or information provided pursuant to Section

22  20 of the Statewide Recycling Needs and Assessment Act.

23  (ppp) Information that is exempt from disclosure under

24  Section 28-11 of the Lawful Health Care Activity Act.

25  (qqq) Information that is exempt from disclosure under

26  Section 7-101 of the Illinois Human Rights Act.
    SB3365 Enrolled      - 58 - LRB104 18483 SSS 31925 b

1   (rrr) Information prohibited from being disclosed

2   under Section 4-2 of the Uniform Money Transmission

3   Modernization Act.

4   (sss) Information exempt from disclosure under Section

5   40 of the Student-Athlete Endorsement Rights Act.

6   (ttt) Audio recordings made under Section 30 of the

7   Illinois State Police Act, except to the extent authorized

8   under that Section.

9   (uuu) Information prohibited from being disclosed

10  under Section 30-5 of the Digital Assets Regulation Act.

11 (Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;

12 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.

13 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,

14 eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;

15 103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.

16 8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,

17 eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;

18 104-417, eff. 8-15-25; 104-428, eff. 8-18-25; revised

19 9-10-25.)

20  (Text of Section after amendment by P.A. 104-457 but

21 before 104-441)

22  Sec. 7.5. Statutory exemptions. To the extent provided for

23 by the statutes referenced below, the following shall be

24 exempt from inspection and copying:

25  (a) All information determined to be confidential
    SB3365 Enrolled         - 59 - LRB104 18483 SSS 31925 b

1   under Section 4002 of the Technology Advancement and

2   Development Act.

3   (b) Library circulation and order records identifying

4   library users with specific materials under the Library

5   Records Confidentiality Act.

6   (c) Applications, related documents, and medical

7   records received by the Experimental Organ Transplantation

8   Procedures Board and any and all documents or other

9   records prepared by the Experimental Organ Transplantation

10  Procedures Board or its staff relating to applications it

11  has received.

12  (d) Information and records held by the Department of

13  Public Health and its authorized representatives relating

14  to known or suspected cases of sexually transmitted

15  infection or any information the disclosure of which is

16  restricted under the Illinois Sexually Transmitted

17  Infection Control Act.

18  (e) Information the disclosure of which is exempted

19  under Section 30 of the Radon Industry Licensing Act.

20  (f) Firm performance evaluations under Section 55 of

21  the Architectural, Engineering, and Land Surveying

22  Qualifications Based Selection Act.

23  (g) Information the disclosure of which is restricted

24  and exempted under Section 50 of the Illinois Prepaid

25  Tuition Act.

26  (h) Information the disclosure of which is exempted
    SB3365 Enrolled  - 60 - LRB104 18483 SSS 31925 b

1   under the State Officials and Employees Ethics Act, and

2   records of any lawfully created State or local inspector

3   general's office that would be exempt if created or

4   obtained by an Executive Inspector General's office under

5   that Act.

6   (i) Information contained in a local emergency energy

7   plan submitted to a municipality in accordance with a

8   local emergency energy plan ordinance that is adopted

9   under Section 11-21.5-5 of the Illinois Municipal Code.

10  (j) Information and data concerning the distribution

11  of surcharge moneys collected and remitted by carriers

12  under the Emergency Telephone System Act.

13  (k) Law enforcement officer identification information

14  or driver identification information compiled by a law

15  enforcement agency or the Department of Transportation

16  under Section 11-212 of the Illinois Vehicle Code.

17  (l) Records and information provided to a residential

18  health care facility resident sexual assault and death

19  review team or the Executive Council under the Abuse

20  Prevention Review Team Act.

21  (m) Information provided to the predatory lending

22  database created pursuant to Article 3 of the Residential

23  Real Property Disclosure Act, except to the extent

24  authorized under that Article.

25  (n) Defense budgets and petitions for certification of

26  compensation and expenses for court appointed trial
    SB3365 Enrolled  - 61 - LRB104 18483 SSS 31925 b

1   counsel as provided under Sections 10 and 15 of the

2   Capital Crimes Litigation Act (repealed). This subsection

3   (n) shall apply until the conclusion of the trial of the

4   case, even if the prosecution chooses not to pursue the

5   death penalty prior to trial or sentencing.

6   (o) Information that is prohibited from being

7   disclosed under Section 4 of the Illinois Health and

8   Hazardous Substances Registry Act.

9   (p) Security portions of system safety program plans,

10  investigation reports, surveys, schedules, lists, data, or

11  information compiled, collected, or prepared by or for the

12  Department of Transportation under Sections 2705-300 and

13  2705-616 of the Department of Transportation Law of the

14  Civil Administrative Code of Illinois, the Northern

15  Illinois Transit Authority under Section 2.11 of the

16  Northern Illinois Transit Authority Act, or the St. Clair

17  County Transit District under the Bi-State Transit Safety

18  Act (repealed).

19  (q) Information prohibited from being disclosed by the

20  Personnel Record Review Act.

21  (r) Information prohibited from being disclosed by the

22  Illinois School Student Records Act.

23  (s) Information the disclosure of which is restricted

24  under Section 5-108 of the Public Utilities Act.

25  (t) (Blank).

26  (u) Records and information provided to an independent
    SB3365 Enrolled  - 62 - LRB104 18483 SSS 31925 b

1   team of experts under the Developmental Disability and

2   Mental Health Safety Act (also known as Brian's Law).

3   (v) Names and information of people who have applied

4   for or received Firearm Owner's Identification Cards under

5   the Firearm Owners Identification Card Act or applied for

6   or received a concealed carry license under the Firearm

7   Concealed Carry Act, unless otherwise authorized by the

8   Firearm Concealed Carry Act; and databases under the

9   Firearm Concealed Carry Act, records of the Concealed

10  Carry Licensing Review Board under the Firearm Concealed

11  Carry Act, and law enforcement agency objections under the

12  Firearm Concealed Carry Act.

13  (v-5) Records of the Firearm Owner's Identification

14  Card Review Board that are exempted from disclosure under

15  Section 10 of the Firearm Owners Identification Card Act.

16  (w) Personally identifiable information which is

17  exempted from disclosure under subsection (g) of Section

18  19.1 of the Toll Highway Act.

19  (x) Information which is exempted from disclosure

20  under Section 5-1014.3 of the Counties Code or Section

21  8-11-21 of the Illinois Municipal Code.

22  (y) Confidential information under the Adult

23  Protective Services Act and its predecessor enabling

24  statute, the Elder Abuse and Neglect Act, including

25  information about the identity and administrative finding

26  against any caregiver of a verified and substantiated
    SB3365 Enrolled  - 63 - LRB104 18483 SSS 31925 b

1   decision of abuse, neglect, or financial exploitation of

2   an eligible adult maintained in the Registry established

3   under Section 7.5 of the Adult Protective Services Act.

4   (z) Records and information provided to a fatality

5   review team or the Illinois Fatality Review Team Advisory

6   Council under Section 15 of the Adult Protective Services

7   Act.

8   (aa) Information which is exempted from disclosure

9   under Section 2.37 of the Wildlife Code.

10  (bb) Information which is or was prohibited from

11  disclosure by the Juvenile Court Act of 1987.

12  (cc) Recordings made under the Law Enforcement

13  Officer-Worn Body Camera Act, except to the extent

14  authorized under that Act.

15  (dd) Information that is prohibited from being

16  disclosed under Section 45 of the Condominium and Common

17  Interest Community Ombudsperson Act.

18  (ee) Information that is exempted from disclosure

19  under Section 30.1 of the Pharmacy Practice Act.

20  (ff) Information that is exempted from disclosure

21  under the Revised Uniform Unclaimed Property Act.

22  (gg) Information that is prohibited from being

23  disclosed under Section 7-603.5 of the Illinois Vehicle

24  Code.

25  (hh) Records that are exempt from disclosure under

26  Section 1A-16.7 of the Election Code.
    SB3365 Enrolled          - 64 - LRB104 18483 SSS 31925 b

1   (ii) Information which is exempted from disclosure

2   under Section 2505-800 of the Department of Revenue Law of

3   the Civil Administrative Code of Illinois.

4   (jj) Information and reports that are required to be

5   submitted to the Department of Labor by registering day

6   and temporary labor service agencies but are exempt from

7   disclosure under subsection (a-1) of Section 45 of the Day

8   and Temporary Labor Services Act.

9   (kk) Information prohibited from disclosure under the

10  Seizure and Forfeiture Reporting Act.

11  (ll) Information the disclosure of which is restricted

12  and exempted under Section 5-30.8 of the Illinois Public

13  Aid Code.

14  (mm) Records that are exempt from disclosure under

15  Section 4.2 of the Crime Victims Compensation Act.

16  (nn) Information that is exempt from disclosure under

17  Section 70 of the Higher Education Student Assistance Act.

18  (oo) Communications, notes, records, and reports

19  arising out of a peer support counseling session

20  prohibited from disclosure under the First Responders

21  Suicide Prevention Act.

22  (pp) Names and all identifying information relating to

23  an employee of an emergency services provider or law

24  enforcement agency under the First Responders Suicide

25  Prevention Act.

26  (qq) Information and records held by the Department of
    SB3365 Enrolled           - 65 - LRB104 18483 SSS 31925 b

1   Public Health and its authorized representatives collected

2   under the Reproductive Health Act.

3   (rr) Information that is exempt from disclosure under

4   the Cannabis Regulation and Tax Act.

5   (ss) Data reported by an employer to the Department of

6   Human Rights pursuant to Section 2-108 of the Illinois

7   Human Rights Act.

8   (tt) Recordings made under the Children's Advocacy

9   Center Act, except to the extent authorized under that

10  Act.

11  (uu) Information that is exempt from disclosure under

12  Section 50 of the Sexual Assault Evidence Submission Act.

13  (vv) Information that is exempt from disclosure under

14  subsections (f) and (j) of Section 5-36 of the Illinois

15  Public Aid Code.

16  (ww) Information that is exempt from disclosure under

17  Section 16.8 of the State Treasurer Act.

18  (xx) Information that is exempt from disclosure or

19  information that shall not be made public under the

20  Illinois Insurance Code.

21  (yy) Information prohibited from being disclosed under

22  the Illinois Educational Labor Relations Act.

23  (zz) Information prohibited from being disclosed under

24  the Illinois Public Labor Relations Act.

25  (aaa) Information prohibited from being disclosed

26  under Section 1-167 of the Illinois Pension Code.
    SB3365 Enrolled        - 66 - LRB104 18483 SSS 31925 b

1   (bbb) Information that is prohibited from disclosure

2   by the Illinois Police Training Act and the Illinois State

3   Police Act.

4   (ccc) Records exempt from disclosure under Section

5   2605-304 of the Illinois State Police Law of the Civil

6   Administrative Code of Illinois.

7   (ddd) Information prohibited from being disclosed

8   under Section 35 of the Address Confidentiality for

9   Victims of Domestic Violence, Sexual Assault, Human

10  Trafficking, or Stalking Act.

11  (eee) Information prohibited from being disclosed

12  under subsection (b) of Section 75 of the Domestic

13  Violence Fatality Review Act.

14  (fff) Images from cameras under the Expressway Camera

15  Act and all automated license plate reader (ALPR)

16  information used and collected by the Illinois State

17  Police. "ALPR information" means information gathered by

18  an ALPR or created from the analysis of data generated by

19  an ALPR. This subsection (fff) is inoperative on and after

20  July 1, 2028.

21  (ggg) Information prohibited from disclosure under

22  paragraph (3) of subsection (a) of Section 14 of the Nurse

23  Agency Licensing Act.

24  (hhh) Information submitted to the Illinois State

25  Police in an affidavit or application for an assault

26  weapon endorsement, assault weapon attachment endorsement,
    SB3365 Enrolled    - 67 - LRB104 18483 SSS 31925 b

1   .50 caliber rifle endorsement, or .50 caliber cartridge

2   endorsement under the Firearm Owners Identification Card

3   Act.

4   (iii) Data exempt from disclosure under Section 50 of

5   the School Safety Drill Act.

6   (jjj) Information exempt from disclosure under Section

7   30 of the Insurance Data Security Law.

8   (kkk) Confidential business information prohibited

9   from disclosure under Section 45 of the Paint Stewardship

10  Act.

11  (lll) Data exempt from disclosure under Section

12  2-3.196 of the School Code.

13  (mmm) Information prohibited from being disclosed

14  under subsection (e) of Section 1-129 of the Illinois

15  Power Agency Act.

16  (nnn) Materials received by the Department of Commerce

17  and Economic Opportunity that are confidential under the

18  Music and Musicians Tax Credit and Jobs Act.

19  (ooo) Data or information provided pursuant to Section

20  20 of the Statewide Recycling Needs and Assessment Act.

21  (ppp) Information that is exempt from disclosure under

22  Section 28-11 of the Lawful Health Care Activity Act.

23  (qqq) Information that is exempt from disclosure under

24  Section 7-101 of the Illinois Human Rights Act.

25  (rrr) Information prohibited from being disclosed

26  under Section 4-2 of the Uniform Money Transmission
    SB3365 Enrolled           - 68 - LRB104 18483 SSS 31925 b

1   Modernization Act.

2   (sss) Information exempt from disclosure under Section

3   40 of the Student-Athlete Endorsement Rights Act.

4   (ttt) Audio recordings made under Section 30 of the

5   Illinois State Police Act, except to the extent authorized

6   under that Section.

7   (uuu) Information prohibited from being disclosed

8   under Section 30-5 of the Digital Assets Regulation Act.

9   (www) Annual summary financial and utilization data

10  reports submitted to the Health Facilities and Services

11  Review Board under Section 13 of the Illinois Health

12  Facilities Planning Act.

13 (Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;

14 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.

15 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,

16 eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;

17 103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.

18 8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,

19 eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;

20 104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-457, eff.

21 6-1-26; revised 1-7-26.)

22  (Text of Section after amendment by P.A. 104-441)

23  Sec. 7.5. Statutory exemptions. To the extent provided for

24 by the statutes referenced below, the following shall be

25 exempt from inspection and copying:
    SB3365 Enrolled         - 69 - LRB104 18483 SSS 31925 b

1   (a) All information determined to be confidential

2   under Section 4002 of the Technology Advancement and

3   Development Act.

4   (b) Library circulation and order records identifying

5   library users with specific materials under the Library

6   Records Confidentiality Act.

7   (c) Applications, related documents, and medical

8   records received by the Experimental Organ Transplantation

9   Procedures Board and any and all documents or other

10  records prepared by the Experimental Organ Transplantation

11  Procedures Board or its staff relating to applications it

12  has received.

13  (d) Information and records held by the Department of

14  Public Health and its authorized representatives relating

15  to known or suspected cases of sexually transmitted

16  infection or any information the disclosure of which is

17  restricted under the Illinois Sexually Transmitted

18  Infection Control Act.

19  (e) Information the disclosure of which is exempted

20  under Section 30 of the Radon Industry Licensing Act.

21  (f) Firm performance evaluations under Section 55 of

22  the Architectural, Engineering, and Land Surveying

23  Qualifications Based Selection Act.

24  (g) Information the disclosure of which is restricted

25  and exempted under Section 50 of the Illinois Prepaid

26  Tuition Act.
    SB3365 Enrolled  - 70 - LRB104 18483 SSS 31925 b

1   (h) Information the disclosure of which is exempted

2   under the State Officials and Employees Ethics Act, and

3   records of any lawfully created State or local inspector

4   general's office that would be exempt if created or

5   obtained by an Executive Inspector General's office under

6   that Act.

7   (i) Information contained in a local emergency energy

8   plan submitted to a municipality in accordance with a

9   local emergency energy plan ordinance that is adopted

10  under Section 11-21.5-5 of the Illinois Municipal Code.

11  (j) Information and data concerning the distribution

12  of surcharge moneys collected and remitted by carriers

13  under the Emergency Telephone System Act.

14  (k) Law enforcement officer identification information

15  or driver identification information compiled by a law

16  enforcement agency or the Department of Transportation

17  under Section 11-212 of the Illinois Vehicle Code.

18  (l) Records and information provided to a residential

19  health care facility resident sexual assault and death

20  review team or the Executive Council under the Abuse

21  Prevention Review Team Act.

22  (m) Information provided to the predatory lending

23  database created pursuant to Article 3 of the Residential

24  Real Property Disclosure Act, except to the extent

25  authorized under that Article.

26  (n) Defense budgets and petitions for certification of
    SB3365 Enrolled  - 71 - LRB104 18483 SSS 31925 b

1   compensation and expenses for court appointed trial

2   counsel as provided under Sections 10 and 15 of the

3   Capital Crimes Litigation Act (repealed). This subsection

4   (n) shall apply until the conclusion of the trial of the

5   case, even if the prosecution chooses not to pursue the

6   death penalty prior to trial or sentencing.

7   (o) Information that is prohibited from being

8   disclosed under Section 4 of the Illinois Health and

9   Hazardous Substances Registry Act.

10  (p) Security portions of system safety program plans,

11  investigation reports, surveys, schedules, lists, data, or

12  information compiled, collected, or prepared by or for the

13  Department of Transportation under Sections 2705-300 and

14  2705-616 of the Department of Transportation Law of the

15  Civil Administrative Code of Illinois, the Northern

16  Illinois Transit Authority under Section 2.11 of the

17  Northern Illinois Transit Authority Act, or the St. Clair

18  County Transit District under the Bi-State Transit Safety

19  Act (repealed).

20  (q) Information prohibited from being disclosed by the

21  Personnel Record Review Act.

22  (r) Information prohibited from being disclosed by the

23  Illinois School Student Records Act.

24  (s) Information the disclosure of which is restricted

25  under Section 5-108 of the Public Utilities Act.

26  (t) (Blank).
    SB3365 Enrolled  - 72 - LRB104 18483 SSS 31925 b

1   (u) Records and information provided to an independent

2   team of experts under the Developmental Disability and

3   Mental Health Safety Act (also known as Brian's Law).

4   (v) Names and information of people who have applied

5   for or received Firearm Owner's Identification Cards under

6   the Firearm Owners Identification Card Act or applied for

7   or received a concealed carry license under the Firearm

8   Concealed Carry Act, unless otherwise authorized by the

9   Firearm Concealed Carry Act; and databases under the

10  Firearm Concealed Carry Act, records of the Concealed

11  Carry Licensing Review Board under the Firearm Concealed

12  Carry Act, and law enforcement agency objections under the

13  Firearm Concealed Carry Act.

14  (v-5) Records of the Firearm Owner's Identification

15  Card Review Board that are exempted from disclosure under

16  Section 10 of the Firearm Owners Identification Card Act.

17  (w) Personally identifiable information which is

18  exempted from disclosure under subsection (g) of Section

19  19.1 of the Toll Highway Act.

20  (x) Information which is exempted from disclosure

21  under Section 5-1014.3 of the Counties Code or Section

22  8-11-21 of the Illinois Municipal Code.

23  (y) Confidential information under the Adult

24  Protective Services Act and its predecessor enabling

25  statute, the Elder Abuse and Neglect Act, including

26  information about the identity and administrative finding
    SB3365 Enrolled  - 73 - LRB104 18483 SSS 31925 b

1   against any caregiver of a verified and substantiated

2   decision of abuse, neglect, or financial exploitation of

3   an eligible adult maintained in the Registry established

4   under Section 7.5 of the Adult Protective Services Act.

5   (z) Records and information provided to a fatality

6   review team or the Illinois Fatality Review Team Advisory

7   Council under Section 15 of the Adult Protective Services

8   Act.

9   (aa) Information which is exempted from disclosure

10  under Section 2.37 of the Wildlife Code.

11  (bb) Information which is or was prohibited from

12  disclosure by the Juvenile Court Act of 1987.

13  (cc) Recordings made under the Law Enforcement

14  Officer-Worn Body Camera Act, except to the extent

15  authorized under that Act.

16  (dd) Information that is prohibited from being

17  disclosed under Section 45 of the Condominium and Common

18  Interest Community Ombudsperson Act.

19  (ee) Information that is exempted from disclosure

20  under Section 30.1 of the Pharmacy Practice Act.

21  (ff) Information that is exempted from disclosure

22  under the Revised Uniform Unclaimed Property Act.

23  (gg) Information that is prohibited from being

24  disclosed under Section 7-603.5 of the Illinois Vehicle

25  Code.

26  (hh) Records that are exempt from disclosure under
    SB3365 Enrolled          - 74 - LRB104 18483 SSS 31925 b

1   Section 1A-16.7 of the Election Code.

2   (ii) Information which is exempted from disclosure

3   under Section 2505-800 of the Department of Revenue Law of

4   the Civil Administrative Code of Illinois.

5   (jj) Information and reports that are required to be

6   submitted to the Department of Labor by registering day

7   and temporary labor service agencies but are exempt from

8   disclosure under subsection (a-1) of Section 45 of the Day

9   and Temporary Labor Services Act.

10  (kk) Information prohibited from disclosure under the

11  Seizure and Forfeiture Reporting Act.

12  (ll) Information the disclosure of which is restricted

13  and exempted under Section 5-30.8 of the Illinois Public

14  Aid Code.

15  (mm) Records that are exempt from disclosure under

16  Section 4.2 of the Crime Victims Compensation Act.

17  (nn) Information that is exempt from disclosure under

18  Section 70 of the Higher Education Student Assistance Act.

19  (oo) Communications, notes, records, and reports

20  arising out of a peer support counseling session

21  prohibited from disclosure under the First Responders

22  Suicide Prevention Act.

23  (pp) Names and all identifying information relating to

24  an employee of an emergency services provider or law

25  enforcement agency under the First Responders Suicide

26  Prevention Act.
    SB3365 Enrolled           - 75 - LRB104 18483 SSS 31925 b

1   (qq) Information and records held by the Department of

2   Public Health and its authorized representatives collected

3   under the Reproductive Health Act.

4   (rr) Information that is exempt from disclosure under

5   the Cannabis Regulation and Tax Act.

6   (ss) Data reported by an employer to the Department of

7   Human Rights pursuant to Section 2-108 of the Illinois

8   Human Rights Act.

9   (tt) Recordings made under the Children's Advocacy

10  Center Act, except to the extent authorized under that

11  Act.

12  (uu) Information that is exempt from disclosure under

13  Section 50 of the Sexual Assault Evidence Submission Act.

14  (vv) Information that is exempt from disclosure under

15  subsections (f) and (j) of Section 5-36 of the Illinois

16  Public Aid Code.

17  (ww) Information that is exempt from disclosure under

18  Section 16.8 of the State Treasurer Act.

19  (xx) Information that is exempt from disclosure or

20  information that shall not be made public under the

21  Illinois Insurance Code.

22  (yy) Information prohibited from being disclosed under

23  the Illinois Educational Labor Relations Act.

24  (zz) Information prohibited from being disclosed under

25  the Illinois Public Labor Relations Act.

26  (aaa) Information prohibited from being disclosed
    SB3365 Enrolled        - 76 - LRB104 18483 SSS 31925 b

1   under Section 1-167 of the Illinois Pension Code.

2   (bbb) Information that is prohibited from disclosure

3   by the Illinois Police Training Act and the Illinois State

4   Police Act.

5   (ccc) Records exempt from disclosure under Section

6   2605-304 of the Illinois State Police Law of the Civil

7   Administrative Code of Illinois.

8   (ddd) Information prohibited from being disclosed

9   under Section 35 of the Address Confidentiality for

10  Victims of Domestic Violence, Sexual Assault, Human

11  Trafficking, or Stalking Act.

12  (eee) Information prohibited from being disclosed

13  under subsection (b) of Section 75 of the Domestic

14  Violence Fatality Review Act.

15  (fff) Images from cameras under the Expressway Camera

16  Act and all automated license plate reader (ALPR)

17  information used and collected by the Illinois State

18  Police. "ALPR information" means information gathered by

19  an ALPR or created from the analysis of data generated by

20  an ALPR. This subsection (fff) is inoperative on and after

21  July 1, 2028.

22  (ggg) Information prohibited from disclosure under

23  paragraph (3) of subsection (a) of Section 14 of the Nurse

24  Agency Licensing Act.

25  (hhh) Information submitted to the Illinois State

26  Police in an affidavit or application for an assault
    SB3365 Enrolled    - 77 - LRB104 18483 SSS 31925 b

1   weapon endorsement, assault weapon attachment endorsement,

2   .50 caliber rifle endorsement, or .50 caliber cartridge

3   endorsement under the Firearm Owners Identification Card

4   Act.

5   (iii) Data exempt from disclosure under Section 50 of

6   the School Safety Drill Act.

7   (jjj) Information exempt from disclosure under Section

8   30 of the Insurance Data Security Law.

9   (kkk) Confidential business information prohibited

10  from disclosure under Section 45 of the Paint Stewardship

11  Act.

12  (lll) Data exempt from disclosure under Section

13  2-3.196 of the School Code.

14  (mmm) Information prohibited from being disclosed

15  under subsection (e) of Section 1-129 of the Illinois

16  Power Agency Act.

17  (nnn) Materials received by the Department of Commerce

18  and Economic Opportunity that are confidential under the

19  Music and Musicians Tax Credit and Jobs Act.

20  (ooo) Data or information provided pursuant to Section

21  20 of the Statewide Recycling Needs and Assessment Act.

22  (ppp) Information that is exempt from disclosure under

23  Section 28-11 of the Lawful Health Care Activity Act.

24  (qqq) Information that is exempt from disclosure under

25  Section 7-101 of the Illinois Human Rights Act.

26  (rrr) Information prohibited from being disclosed
    SB3365 Enrolled           - 78 - LRB104 18483 SSS 31925 b

1   under Section 4-2 of the Uniform Money Transmission

2   Modernization Act.

3   (sss) Information exempt from disclosure under Section

4   40 of the Student-Athlete Endorsement Rights Act.

5   (ttt) Audio recordings made under Section 30 of the

6   Illinois State Police Act, except to the extent authorized

7   under that Section.

8   (uuu) Information prohibited from being disclosed

9   under Section 30-5 of the Digital Assets Regulation Act.

10  (vvv) (uuu) Information exempt from disclosure under

11  Section 70 of the End-of-Life Options for Terminally Ill

12  Patients Act.

13  (www) Annual summary financial and utilization data

14  reports submitted to the Health Facilities and Services

15  Review Board under Section 13 of the Illinois Health

16  Facilities Planning Act.

17 (Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;

18 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.

19 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,

20 eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;

21 103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.

22 8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,

23 eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;

24 104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-441, eff.

25 9-12-26; 104-457, eff. 6-1-26; revised 1-7-26.)
    SB3365 Enrolled  - 79 - LRB104 18483 SSS 31925 b

1   Section 6-75. The Illinois Health Facilities Planning Act

2 is amended by changing Sections 2 and 13 as follows:

3   (20 ILCS 3960/2) (from Ch. 111 1/2, par. 1152)

4   (Section scheduled to be repealed on December 31, 2029)

5   Sec. 2. Purpose of the Act. This Act shall establish a

6 procedure (1) which requires a person establishing,

7 constructing or modifying a health care facility, as herein

8 defined, to have the qualifications, background, character and

9 financial resources to adequately provide a proper service for

10 the community; (2) that promotes the orderly and economic

11 development of health care facilities in the State of Illinois

12 that avoids unnecessary duplication of such facilities; and

13 (3) that promotes planning for and development of health care

14 facilities needed for comprehensive health care especially in

15 areas where the health planning process has identified unmet

16 needs.

17  The changes made to this Act by this amendatory Act of the

18 96th General Assembly are intended to accomplish the following

19 objectives: to improve the financial ability of the public to

20 obtain necessary health services; to establish an orderly and

21 comprehensive health care delivery system that will guarantee

22 the availability of quality health care to the general public;

23 to maintain and improve the provision of essential health care

24 services and increase the accessibility of those services to

25 the medically underserved and indigent; to assure that the
    SB3365 Enrolled  - 80 - LRB104 18483 SSS 31925 b

1 reduction and closure of health care services or facilities is

2 performed in an orderly and timely manner, and that these

3 actions are deemed to be in the best interests of the public;

4 and to assess the financial burden to patients caused by

5 unnecessary health care construction and modification.

6 Evidence-based assessments, projections and decisions will be

7 applied regarding capacity, quality, value and equity in the

8 delivery of health care services in Illinois. The integrity of

9 the Certificate of Need process is ensured through revised

10 ethics and communications procedures. Cost containment and

11 support for safety net services must continue to be central

12 tenets of the Certificate of Need process.

13  The changes made to this Act by this amendatory Act of the

14 104th General Assembly are intended to allow the State to

15 collect additional information regarding the financial ability

16 for health care facilities to deliver services in Illinois.

17 (Source: P.A. 99-527, eff. 1-1-17.)

18  (20 ILCS 3960/13) (from Ch. 111 1/2, par. 1163)

19  (Section scheduled to be repealed on December 31, 2029)

20  Sec. 13. Investigation of applications for permits.

21  (a) Investigations. The State Board shall make or cause to

22 be made such investigations as it deems necessary in

23 connection with an application for a permit, or in connection

24 with a determination of whether or not construction or

25 modification that has been commenced is in accord with the
    SB3365 Enrolled   - 81 - LRB104 18483 SSS 31925 b

1 permit issued by the State Board, or whether construction or

2 modification has been commenced without a permit having been

3 obtained. The State Board may issue subpoenas duces tecum

4 requiring the production of records and may administer oaths

5 to such witnesses.

6   Any circuit court of this State, upon the application of

7 the State Board or upon the application of any party to such

8 proceedings, may, in its discretion, compel the attendance of

9 witnesses, the production of books, papers, records, or

10 memoranda and the giving of testimony before the State Board,

11 by a proceeding as for contempt, or otherwise, in the same

12 manner as production of evidence may be compelled before the

13 court.

14  (b) Reports from health facilities. The State Board shall

15 require all health facilities operating in this State to

16 provide such reasonable reports at such times and containing

17 such information as is needed by it to carry out the purposes

18 and provisions of this Act. Prior to collecting information

19 from health facilities, the State Board shall make reasonable

20 efforts through a public process to consult with health

21 facilities and associations that represent them to determine

22 whether data and information requests will result in useful

23 information for health planning, whether sufficient

24 information is available from other sources, and whether data

25 requested is routinely collected by health facilities and is

26 available without retrospective record review. Data and
    SB3365 Enrolled  - 82 - LRB104 18483 SSS 31925 b

1 information requests shall not impose undue paperwork burdens

2 on health care facilities and personnel. Health facilities not

3 complying with this requirement shall be reported to

4 licensing, accrediting, certifying, or payment agencies as

5 being in violation of State law. Health care facilities and

6 other parties at interest shall have reasonable access, under

7 rules established by the State Board, to all planning

8 information submitted in accord with this Act pertaining to

9 their area.

10  (1) Questionnaires. Among the reports to be required

11  by the State Board are facility questionnaires for health

12  care facilities licensed under the Ambulatory Surgical

13  Treatment Center Act, the Hospital Licensing Act, the

14  Nursing Home Care Act, the ID/DD Community Care Act, the

15  MC/DD Act, or the Specialized Mental Health Rehabilitation

16  Act of 2013 and health care facilities that are required

17  to meet the requirements of 42 CFR 494 in order to be

18  certified for participation in Medicare and Medicaid under

19  Titles XVIII and XIX of the federal Social Security Act.

20  These questionnaires shall be conducted on an annual basis

21  and compiled by the State Board. For health care

22  facilities licensed under the Nursing Home Care Act or the

23  Specialized Mental Health Rehabilitation Act of 2013,

24  these reports shall include, but not be limited to, the

25  identification of specialty services provided by the

26  facility to patients, residents, and the community at
    SB3365 Enrolled  - 83 - LRB104 18483 SSS 31925 b

1   large. Annual reports for facilities licensed under the

2   ID/DD Community Care Act and facilities licensed under the

3   MC/DD Act shall be different from the annual reports

4   required of other health care facilities and shall be

5   specific to those facilities licensed under the ID/DD

6   Community Care Act or the MC/DD Act. The Health Facilities

7   and Services Review Board shall consult with associations

8   representing facilities licensed under the ID/DD Community

9   Care Act and associations representing facilities licensed

10  under the MC/DD Act when developing the information

11  requested in these annual reports. For health care

12  facilities that contain long term care beds, the reports

13  shall also include the number of staffed long term care

14  beds, physical capacity for long term care beds at the

15  facility, and long term care beds available for immediate

16  occupancy. For purposes of this paragraph, "long term care

17  beds" means beds (i) licensed under the Nursing Home Care

18  Act, (ii) licensed under the ID/DD Community Care Act,

19  (iii) licensed under the MC/DD Act, (iv) licensed under

20  the Hospital Licensing Act, or (v) licensed under the

21  Specialized Mental Health Rehabilitation Act of 2013 and

22  certified as skilled nursing or nursing facility beds

23  under Medicaid or Medicare.

24  For health care facilities licensed under the Hospital

25  Licensing Act, the health care facilities operating in

26  this State shall report the following financial and
    SB3365 Enrolled  - 84 - LRB104 18483 SSS 31925 b

1   utilization data annually: (i) the most recent audited

2   financial statements; (ii) the most recent month-end

3   balance sheet detailing the assets, liabilities, and net

4   worth at the end of the month immediately preceding the

5   annual reporting cycle; (iii) the most recent income

6   statement for the month immediately preceding the annual

7   reporting cycle summarizing the revenues, expenses, and

8   net income; (iv) the total number of inpatient days,

9   outpatient visits, and discharges by payer, including, but

10  not limited to, Medicare, Medicaid fee-for-service,

11  Medicaid managed care, commercial coverage, and other

12  payers; (v) the total inpatient gross revenues by payer,

13  including, but not limited to, Medicare, Medicaid

14  fee-for-service, Medicaid managed care, commercial

15  coverage, and other payers; and (vi) the total outpatient

16  gross revenues by payer, including, but not limited to,

17  Medicare, Medicaid fee-for-service, Medicaid managed care,

18  commercial coverage, and other payers. The transmission of

19  the financial and utilization data shall be due to the

20  State Board within 90 days after the effective date of

21  this amendatory Act of the 104th General Assembly, and

22  thereafter, the data shall be due annually on the regular

23  schedule set by the State Board for questionnaires. The

24  State Board, in coordination with the Department of

25  Healthcare and Family Services and the Department of

26  Public Health, shall administer the collection of the
    SB3365 Enrolled       - 85 - LRB104 18483 SSS 31925 b

1   financial and utilization data submitted under this

2   Section. The State Board may adopt any administrative

3   rules, including emergency rules, necessary to implement

4   this Section, including requesting additional information

5   or removing information from the reporting requirements.

6   If a health care facility has not filed the required

7   financial and utilization data within 90 days after the

8   close of the annual reporting period, the State Board

9   shall impose fines of not more than $5,000 per week for

10  failure to comply with the provisions of this Section.

11  (2) Confidentiality.

12  (A) The State Board shall keep confidential the

13  annual summary financial and utilization data report

14  submitted under this Section and all information in

15  the report as required by this Section. The financial

16  and utilization data shall remain confidential, is not

17  subject to subpoena, is not subject to discovery or

18  admissible as evidence in private civil litigation, is

19  not subject to disclosure under the Freedom of

20  Information Act, and must not be made public at any

21  time or used by the State Board or any other person,

22  except as provided in subparagraphs (B), (D), and (E)

23  of this paragraph (2).

24  (B) Notwithstanding subparagraph (A), the State

25  Board may:

26                   (i) share the financial and utilization data
    SB3365 Enrolled  - 86 - LRB104 18483 SSS 31925 b

1   submitted under this Section with other State

2   agencies;

3                    (ii) share the financial and utilization data

4   submitted under this Section with third-party

5   vendors or contractors of a State agency, federal

6   regulatory agencies, or law enforcement

7   authorities, if the recipient agrees to and

8   verifies in writing its legal authority to

9   maintain the confidentiality and privileged status

10  of the financial and utilization data;

11                   (iii) enter into agreements governing the

12  sharing and use of information consistent with

13  this Section.

14  (C) Disclosure of the financial and utilization

15  data to the State Board and by the State Board under

16  this Section does not waive any applicable privilege

17  or claim of confidentiality in the report or

18  information.

19  (D)              Notwithstanding  the  confidentiality

20  requirements of this Section or otherwise imposed by

21  State law, relevant State agencies may make public

22  financial and utilization data submitted under this

23  Section in an aggregated format that does not disclose

24  information or data attributed to any specific

25  facility.

26  (E)              Notwithstanding  the  confidentiality
    SB3365 Enrolled        - 87 - LRB104 18483 SSS 31925 b

1   requirements of this Section, a State agency may

2   disclose the financial and utilization data submitted

3   under this Section with the written consent of the

4   hospital that submitted the report.

5 (Source: P.A. 100-681, eff. 8-3-18; 100-957, eff. 8-19-18;

6 101-81, eff. 7-12-19.)

7   Section 6-80. The Hospital Licensing Act is amended by

8 adding Section 4.8 as follows:

9   (210 ILCS 85/4.8 new)

10  Sec. 4.8. Additional licensing requirements.

11  (a) Hospital emergency and financial contingency plan. Any

12 hospital licensed under this Act that has outstanding debts to

13 the State in the form of tax arrears or that maintains debt

14 through the Distressed Hospital Loan Program or other Medicaid

15 advance payments shall submit to the Department a hospital

16 emergency and financial contingency plan for the rapid and

17 orderly resolution of finances and operations in the event of

18 material financial distress. The plan shall be submitted on an

19 annual basis until any outstanding assessment or advance

20 balances have been fully paid. The plan shall include, but not

21 be limited to, procedures for the safe and orderly transfer

22 and continuity of care for patients if closure of at least one

23 category of service, or a temporary suspension of such service

24 for any reason, were to occur. Potential events precipitating
    SB3365 Enrolled  - 88 - LRB104 18483 SSS 31925 b

1 closure or suspended services that shall be addressed in the

2 plan, include, but are not limited to: financial distress,

3 regulatory and compliance issues, operational or workforce

4 challenges, infrastructure and facility issues, emergency or

5 disaster related causes, and strategic organizational

6 decisions. The plan shall contemplate (i) the identification

7 of potential service area gaps created due to emergency

8 closure and suspension of services and (ii) the orderly

9 preservation and transfer of medical records in accordance

10 with the Medical Patient Rights Act, the Health Insurance

11 Portability and Accountability Act of 1996, and other

12 applicable medical privacy laws.

13  (b) Hospital emergency and financial contingency plans for

14 hospitals with multiple locations operating under a single

15 license. Any hospital licensed by the Department under Section

16 4.5 of this Act and required to submit a hospital emergency and

17 financial contingency plan shall submit a hospital emergency

18 and financial contingency plan as outlined in subsection (a)

19 considering each location, campus, or facility administered

20 under the license that could reasonably be affected.

21  (c) Annual filing. Hospital emergency and financial

22 contingency plans shall be filed with the Department no later

23 than 3 months after the effective date of this amendatory Act

24 of the 104th General Assembly. Hospital emergency and

25 financial contingency plans, or annual affirmations of

26 previously filed hospital emergency and financial contingency
    SB3365 Enrolled      - 89 - LRB104 18483 SSS 31925 b

1 plans, as outlined in this Section shall be submitted on an

2 annual basis as determined by the Department through

3 administrative rule.

4   (d) Penalties for noncompliance. The Department may impose

5 fines of not more than $500 per week for failure to comply with

6 the provisions of this Section.

7   (e) This Section is operative on and after January 1,

8 2027.

9                        ARTICLE 10.

10  Section 10-5. The Rebuild Illinois Mental Health Workforce

11 Act is amended by changing Section 20-10 as follows:

12  (305 ILCS 66/20-10)

13  Sec. 20-10. Medicaid funding for community mental health

14 services. Medicaid funding for the specific community mental

15 health services listed in this Act shall be adjusted and paid

16 as set forth in this Act. Such payments shall be paid in

17 addition to the base Medicaid reimbursement rate and add-on

18 payment rates per service unit.

19  (a) The following payment adjustments shall begin on July

20 1, 2022 for State Fiscal Year 2023 and shall continue for every

21 State fiscal year thereafter.

22       (1) Individual Therapy Medicaid Payment rate for

23  services provided under the H0004 Code:
    SB3365 Enrolled  - 90 - LRB104 18483 SSS 31925 b

1   (A) The Medicaid total payment rate for individual

2   therapy provided by a qualified mental health

3   professional shall be increased by no less than $9 per

4   service unit.

5   (B) The Medicaid total payment rate for individual

6   therapy provided by a mental health professional shall

7   be increased by no less than $9 per service unit.

8   (2) Community Support - Individual Medicaid Payment

9   rate for services provided under the H2015 Code: All

10  community support - individual services shall be increased

11  by no less than $15 per service unit.

12  (3) Case Management Medicaid Add-on Payment for

13  services provided under the T1016 code: All case

14  management services rates shall be increased by no less

15  than $15 per service unit.

16  (4) Assertive Community Treatment Medicaid Add-on

17  Payment for services provided under the H0039 code: The

18  Medicaid total payment rate for assertive community

19  treatment services shall increase by no less than $8 per

20  service unit.

21  (b) (5) Medicaid user-based directed payments. The

22 following directed payments shall be paid to qualifying

23 providers for State Fiscal Year 2023 through State Fiscal Year

24 2026. This subsection does not prevent the Department from

25 making payments in future State fiscal years to correct errors

26 or omissions made in State Fiscal Year 2023 through State
    SB3365 Enrolled           - 91 - LRB104 18483 SSS 31925 b

1 Fiscal Year 2026 payments.

2   (1) (A) For each State fiscal year, a monthly directed

3   payment shall be paid to a community mental health

4   provider of community support team services based on the

5   number of Medicaid users of community support team

6   services documented by Medicaid fee-for-service and

7   managed care encounter claims delivered by that provider

8   in the base year. The Department of Healthcare and Family

9   Services shall make the monthly directed payment to each

10  provider entitled to directed payments under this Act by

11  no later than the last day of each month throughout each

12  State fiscal year.

13  (A) (i) The monthly directed payment for a

14  community support team provider shall be calculated as

15  follows: The sum total number of individual Medicaid

16  users of community support team services delivered by

17  that provider throughout the base year, multiplied by

18  $4,200 per Medicaid user, divided into 12 equal

19  monthly payments for the State fiscal year.

20  (B) (ii) As used in this subparagraph, "user"

21  means an individual who received at least 200 units of

22  community support team services (H2016) during the

23  base year.

24  (2) (B) For each State fiscal year, a monthly directed

25  payment shall be paid to each community mental health

26  provider of assertive community treatment services based
    SB3365 Enrolled  - 92 - LRB104 18483 SSS 31925 b

1   on the number of Medicaid users of assertive community

2   treatment services documented by Medicaid fee-for-service

3   and managed care encounter claims delivered by the

4   provider in the base year.

5   (A) (i) The monthly direct payment for an

6   assertive community treatment provider shall be

7   calculated as follows: The sum total number of

8   Medicaid users of assertive community treatment

9   services provided by that provider throughout the base

10  year, multiplied by $6,000 per Medicaid user, divided

11  into 12 equal monthly payments for that State fiscal

12  year.

13  (B) (ii) As used in this subparagraph, "user"

14  means an individual that received at least 300 units

15  of assertive community treatment services during the

16  base year.

17  (3) (C) The base year for directed payments under this

18  Section shall be calendar year 2019 for State Fiscal Year

19  2023 and State Fiscal Year 2024. For the State fiscal year

20  beginning on July 1, 2024, and for every State fiscal year

21  thereafter, the base year shall be the calendar year that

22  ended 18 months prior to the start of the State fiscal year

23  in which payments are made.

24  (b-5) (b) Subject to federal approval, a one-time directed

25 payment must be made in calendar year 2023 for community

26 mental health services provided by community mental health
    SB3365 Enrolled         - 93 - LRB104 18483 SSS 31925 b

1 providers. The one-time directed payment shall be for an

2 amount appropriated for these purposes. The one-time directed

3 payment shall be for services for Integrated Assessment and

4 Treatment Planning and other intensive services, including,

5 but not limited to, services for Mobile Crisis Response,

6 crisis intervention, and medication monitoring. The amounts

7 and services used for designing and distributing these

8 one-time directed payments shall not be construed to require

9 any future rate or funding increases for the same or other

10 mental health services.

11  (b-6) Subject to federal approval, for dates of service on

12 and after July 1, 2026, the Medicaid reimbursement rates for

13 Assertive Community Treatment and Community Support Team

14 services shall be increased by an amount no less than the

15 following targeted pools. The Department must use service

16 units delivered under the fee-for-service and managed care

17 programs by community mental health centers during State

18 Fiscal Year 2024 for distributing the targeted pools and

19 setting rates.

20  (1) Assertive Community Treatment, $10,600,000; and

21  (2) Community Support Team services, $17,500,000.

22  (c) The following payment adjustments shall be made:

23  (1) Subject to federal approval, beginning on January

24  1, 2024, the Department shall introduce rate increases to

25  behavioral health services no less than by the following

26  targeted pool for the specified services provided by
    SB3365 Enrolled  - 94 - LRB104 18483 SSS 31925 b

1   community mental health centers:

2   (A) Mobile Crisis Response, $6,800,000;

3   (B) Crisis Intervention, $4,000,000;

4   (C) Integrative Assessment and Treatment Planning

5   services, $10,500,000;

6   (D) Group Therapy, $1,200,000;

7   (E) Family Therapy, $500,000;

8   (F) Community Support Group, $4,000,000; and

9   (G) Medication Monitoring, $3,000,000.

10  (2) Rate increases shall be determined with

11  significant input from Illinois behavioral health trade

12  associations and advocates. The Department must use

13  service units delivered under the fee-for-service and

14  managed care programs by community mental health centers

15  during State Fiscal Year 2022. These services are used for

16  distributing the targeted pools and setting rates but do

17  not prohibit the Department from paying providers not

18  enrolled as community mental health centers the same rate

19  if providing the same services.

20  (d) Rate simplification for team-based services.

21  (1) The Department shall work with stakeholders to

22  redesign reimbursement rates for behavioral health

23  team-based services established under the Rehabilitation

24  Option of the Illinois Medicaid State Plan supporting

25  individuals with chronic or complex behavioral health

26  conditions and crisis services. Subject to federal
    SB3365 Enrolled           - 95 - LRB104 18483 SSS 31925 b

1   approval, the redesigned rates shall seek to introduce

2   bundled payment systems that minimize provider claiming

3   activities while transitioning the focus of treatment

4   towards metrics and outcomes. Federally approved rate

5   models shall seek to ensure reimbursement levels are no

6   less than the State's total reimbursement for similar

7   services in calendar year 2023, including all service

8   level payments, add-ons, and all other payments specified

9   in this Section.

10  (2) In State Fiscal Year 2024, the Department shall

11  identify an existing, or establish a new, Behavioral

12  Health Outcomes Stakeholder Workgroup to help inform the

13  identification of metrics and outcomes for team-based

14  services.

15  (3) In State Fiscal Year 2025, subject to federal

16  approval, the Department shall introduce a

17  pay-for-performance model for team-based services to be

18  informed by the Behavioral Health Outcomes Stakeholder

19  Workgroup.

20 (Source: P.A. 102-699, eff. 4-19-22; 102-1118, eff. 1-18-23;

21 103-102, eff. 7-1-23; 103-154, eff. 6-30-23.)

22                            ARTICLE 15.

23  Section 15-5. The State Finance Act is amended by changing

24 Section 5.945 as follows:
    SB3365 Enrolled      - 96 - LRB104 18483 SSS 31925 b

1   (30 ILCS 105/5.945)

2   Sec. 5.945. The Medicaid Technical Assistance Center Fund.

3 Notwithstanding any other provision of law, in addition to any

4 other transfers that may be provided by law, on July 1, 2026,

5 or as soon thereafter as practical, the State Comptroller

6 shall direct and the State Treasurer shall transfer the

7 remaining balance from the Medicaid Technical Assistance

8 Center Fund into the Healthcare Provider Relief Fund. Upon

9 completion of the transfers, the Medicaid Technical Assistance

10 Center Fund is dissolved, and any future deposits due to that

11 Fund and any outstanding obligations or liabilities of that

12 Fund pass to the Healthcare Provider Relief Fund.

13 (Source: P.A. 102-4, Article 185, Section 185-90, eff.

14 4-27-21; 102-813, eff. 5-13-22.)

15  Section 15-10. The Medicaid Technical Assistance Act is

16 amended by changing Sections 185-5 and 185-15 as follows:

17  (305 ILCS 75/185-5)

18  Sec. 185-5. Definitions. As used in this Act:

19  "Behavioral health providers" includes providers of mental

20 health, substance use disorder, developmental disabilities,

21 and autism services for purposes of this Act, but does not

22 change any other legal, programmatic, diagnostic, or clinical

23 provisions defining or relating to coverage of such services.
    SB3365 Enrolled       - 97 - LRB104 18483 SSS 31925 b

1 means mental health and substance use disorder providers.

2   "Department" means the Department of Healthcare and Family

3 Services.

4   "Health care providers" means individuals and

5 organizations that who provide physical, mental, or substance

6 use disorder services, or services supporting social

7 determinants determinant of health services.

8   "Health equity" means providing care that does not vary in

9 quality because of personal characteristics such as gender,

10 ethnicity, geographic location, and socioeconomic status.

11  "Network adequacy" means a Medicaid beneficiaries' ability

12 to access all necessary provider types within time and

13 distance standards as defined in the Managed Care Organization

14 model contract.

15  "Service deserts" means geographic areas of the State with

16 no or limited Medicaid providers that accept Medicaid.

17  "Social determinants of health" means any conditions that

18 impact an individual's health, including, but not limited to,

19 access to healthy food, safety, education, and housing

20 stability.

21  "Stakeholders" means, but are not limited to, health care

22 providers, advocacy organizations, managed care organizations,

23 Medicaid beneficiaries, and State and city partners.

24 (Source: P.A. 102-4, eff. 4-27-21.)

25  (305 ILCS 75/185-15)
    SB3365 Enrolled  - 98 - LRB104 18483 SSS 31925 b

1   Sec. 185-15. Collaboration. The Medicaid Technical

2 Assistance Center shall collaborate with public and private

3 partners throughout the State to identify, establish, and

4 maintain best practices necessary for health providers to

5 ensure their capacity to participate in the Illinois Medical

6 Assistance Program. The Medicaid Technical Assistance Center

7 shall promote equitable delivery systems, remaining committed

8 to the principle that all Medicaid recipients have accessible

9 and equitable physical and mental health care services

10 HealthChoice Illinois or YouthCare. The Medicaid Technical

11 Assistance Center shall administer the following:

12  (1) Outreach and engagement: The Medicaid Technical

13  Assistance Center shall undertake efforts to identify and

14  engage community-based providers offering services to

15  customers funded by the Department, including, but not

16  limited to, behavioral health services and or services

17  addressing the social determinants of health, especially

18  those predominantly serving communities of color or those

19  operating within or near service deserts, for the purpose

20  of offering training and technical assistance to them

21  through the Medicaid Technical Assistance Center. Outreach

22  and engagement services may be subcontracted.

23  (2) Trainings: The Medicaid Technical Assistance

24  Center shall create and administer ongoing trainings for

25  health care providers. Trainings may be subcontracted. The

26  Medicaid Technical Assistance Center shall provide
    SB3365 Enrolled  - 99 - LRB104 18483 SSS 31925 b

1   in-person and web-based trainings. In-person training

2   shall be conducted throughout the State. All trainings

3   must be free of charge. The Medicaid Technical Assistance

4   Center shall administer post-training surveys and

5   incorporate feedback. Training content and delivery must

6   be reflective of Illinois providers' varying levels of

7   readiness, resources, and client populations.

8   (3) Web-based resources: The Medicaid Technical

9   Assistance Center shall maintain an independent, easy to

10  navigate, and up-to-date website that includes, but is not

11  limited to: recorded training archives, a training

12  calendar, provider resources and tools, up-to-date

13  explanations of Department and managed care organization

14  guidance, a running database of frequently asked questions

15  and contact information for key staff members of the

16  Department, managed care organizations, and the Medicaid

17  Technical Assistance Center.

18  (4) Learning collaboratives: The Medicaid Technical

19  Assistance Center shall host regional learning

20  collaboratives that will supplement the Medicaid Technical

21  Assistance Center training curriculum to bring together

22  groups of stakeholders to share issues and best practices,

23  and to escalate issues. Leadership of the Department and

24  managed care organizations shall attend learning

25  collaboratives on a quarterly basis.

26  (5) Network recruitment plan: Using reports and data
    SB3365 Enrolled  - 100 - LRB104 18483 SSS 31925 b

1   provided by the Department's External Quality Review

2   Organization on adequacy reports: The Medicaid Technical

3   Assistance Center shall publicly release a report on

4   Medicaid provider network adequacy, within the first 3

5   years of implementation and annually thereafter. The

6   reports shall identify provider service deserts, and

7   health care disparities by race and ethnicity, the

8   Medicaid Technical Assistance Center shall propose for

9   Department review and approval an annual plan for

10  recruiting providers to participate in the Illinois

11  Medical Assistance Program and report on outcomes of its

12  recruitment efforts to the Department for continuous

13  improvement. Recruitment plans shall prioritize efforts to

14  bolster access in provider service deserts and in

15  communities experiencing health care disparities by race

16  and ethnicity, with a special focus on behavioral health

17  services and services that address social determinants of

18  health.

19  (6) Equitable delivery system: The Medicaid Technical

20  Assistance Center is committed to the principle that all

21  Medicaid recipients have accessible and equitable physical

22  and mental health care services. All providers served

23  through the Medicaid Technical Assistance Center shall

24  deliver services notwithstanding the patient's race,

25  color, gender, gender identity, age, ancestry, marital

26  status, military status, religion, national origin,
    SB3365 Enrolled    - 101 - LRB104 18483 SSS 31925 b

1   disability status, sexual orientation, order of protection

2   status, as defined under Section 1-103 of the Illinois

3   Human Rights Act, or immigration status.

4 (Source: P.A. 102-4, eff. 4-27-21.)

5   (305 ILCS 75/185-20 rep.)

6   (305 ILCS 75/185-25 rep.)

7   Section 15-15. The Medicaid Technical Assistance Act is

8 amended by repealing Sections 185-20 and 185-25.

9                      ARTICLE 20.

10  Section 20-5. The Illinois Public Aid Code is amended by

11 changing Section 5-5f as follows:

12  (305 ILCS 5/5-5f)

13  Sec. 5-5f. Elimination and limitations of medical

14 assistance services. Notwithstanding any other provision of

15 this Code to the contrary, on and after July 1, 2012:

16  (a) The following service shall no longer be a covered

17  service available under this Code: group psychotherapy for

18  residents of any facility licensed under the Nursing Home

19  Care Act or the Specialized Mental Health Rehabilitation

20  Act of 2013.

21  (b) The Department shall place the following

22  limitations on services: (i) the Department shall limit
    SB3365 Enrolled  - 102 - LRB104 18483 SSS 31925 b

1   adult eyeglasses to one pair every 2 years; however, the

2   limitation does not apply to an individual who needs

3   different eyeglasses following a surgical procedure such

4   as cataract surgery; (ii) the Department shall set an

5   annual limit of a maximum of 20 visits for each of the

6   following services: adult speech, hearing, and language

7   therapy services, adult occupational therapy services, and

8   physical therapy services; on or after October 1, 2014,

9   the annual maximum limit of 20 visits shall expire but the

10  Department may require prior approval for all individuals

11  for speech, hearing, and language therapy services,

12  occupational therapy services, and physical therapy

13  services; (iii) the Department shall limit adult podiatry

14  services to individuals with diabetes; on or after October

15  1, 2014, podiatry services shall not be limited to

16  individuals with diabetes; (iv) the Department shall pay

17  for caesarean sections at the normal vaginal delivery rate

18  unless a caesarean section was medically necessary; (v)

19  the Department shall limit adult dental services to

20  emergencies; beginning July 1, 2013, the Department shall

21  ensure that the following conditions are recognized as

22  emergencies: (A) dental services necessary for an

23  individual in order for the individual to be cleared for a

24  medical procedure, such as a transplant; (B) extractions

25  and dentures necessary for a diabetic to receive proper

26  nutrition; (C) extractions and dentures necessary as a
    SB3365 Enrolled  - 103 - LRB104 18483 SSS 31925 b

1   result of cancer treatment; and (D) dental services

2   necessary for the health of a pregnant woman prior to

3   delivery of her baby; on or after July 1, 2014, adult

4   dental services shall no longer be limited to emergencies,

5   and dental services necessary for the health of a pregnant

6   woman prior to delivery of her baby shall continue to be

7   covered; and (vi) effective July 1, 2012 through June 30,

8   2021, the Department shall place limitations and require

9   concurrent review on every inpatient detoxification stay

10  to prevent repeat admissions to any hospital for

11  detoxification within 60 days of a previous inpatient

12  detoxification stay. The Department shall convene a

13  workgroup of hospitals, substance abuse providers, care

14  coordination entities, managed care plans, and other

15  stakeholders to develop recommendations for quality

16  standards, diversion to other settings, and admission

17  criteria for patients who need inpatient detoxification,

18  which shall be published on the Department's website no

19  later than September 1, 2013.

20  (c) The Department shall require prior approval of the

21  following services: wheelchair repairs costing more than

22  $750, coronary artery bypass graft, and bariatric surgery

23  consistent with Medicare standards concerning patient

24  responsibility. Wheelchair repair prior approval requests

25  shall be adjudicated within one business day of receipt of

26  complete supporting documentation. Providers may not break
    SB3365 Enrolled        - 104 - LRB104 18483 SSS 31925 b

1   wheelchair repairs into separate claims for purposes of

2   staying under the $750 threshold for requiring prior

3   approval. The wholesale price of manual and power

4   wheelchairs, durable medical equipment and supplies, and

5   complex rehabilitation technology products and services

6   shall be defined as actual acquisition cost including all

7   discounts.

8   (d) (Blank). The Department shall establish benchmarks

9   for hospitals to measure and align payments to reduce

10  potentially preventable hospital readmissions, inpatient

11  complications, and unnecessary emergency room visits. In

12  doing so, the Department shall consider items, including,

13  but not limited to, historic and current acuity of care

14  and historic and current trends in readmission. The

15  Department shall publish provider-specific historical

16  readmission data and anticipated potentially preventable

17  targets 60 days prior to the start of the program. In the

18  instance of readmissions, the Department shall adopt

19  policies and rates of reimbursement for services and other

20  payments provided under this Code to ensure that, by June

21  30, 2013, expenditures to hospitals are reduced by, at a

22  minimum, $40,000,000.

23  (e) The Department shall establish utilization

24  controls for the hospice program such that it shall not

25  pay for other care services when an individual is in

26  hospice.
    SB3365 Enrolled  - 105 - LRB104 18483 SSS 31925 b

1   (f) For home health services, the Department shall

2   require Medicare certification of providers participating

3   in the program and implement the Medicare face-to-face

4   encounter rule. The Department shall require providers to

5   implement auditable electronic service verification based

6   on global positioning systems or other cost-effective

7   technology.

8   (g) For the Home Services Program operated by the

9   Department of Human Services and the Community Care

10  Program operated by the Department on Aging, the

11  Department of Human Services, in cooperation with the

12  Department on Aging, shall implement an electronic service

13  verification based on global positioning systems or other

14  cost-effective technology.

15  (h) Effective with inpatient hospital admissions on or

16  after July 1, 2012, the Department shall reduce the

17  payment for a claim that indicates the occurrence of a

18  provider-preventable condition during the admission as

19  specified by the Department in rules. The Department shall

20  not pay for services related to an other

21  provider-preventable condition.

22  As used in this subsection (h):

23  "Provider-preventable condition" means a health care

24  acquired condition as defined under the federal Medicaid

25  regulation found at 42 CFR 447.26 or an other

26  provider-preventable condition.
    SB3365 Enrolled         - 106 - LRB104 18483 SSS 31925 b

1   "Other provider-preventable condition" means a wrong

2   surgical or other invasive procedure performed on a

3   patient, a surgical or other invasive procedure performed

4   on the wrong body part, or a surgical procedure or other

5   invasive procedure performed on the wrong patient.

6   (i) The Department shall implement cost savings

7   initiatives for advanced imaging services, cardiac imaging

8   services, pain management services, and back surgery. Such

9   initiatives shall be designed to achieve annual costs

10  savings.

11  (j) The Department shall ensure that beneficiaries

12  with a diagnosis of epilepsy or seizure disorder in

13  Department records will not require prior approval for

14  anticonvulsants.

15 (Source: P.A. 101-209, eff. 8-5-19; 102-43, Article 5, Section

16 5-5, eff. 7-6-21; 102-43, Article 30, Section 30-5, eff.

17 7-6-21; 102-43, Article 80, Section 80-5, eff. 7-6-21;

18 102-813, eff. 5-13-22.)

19                          ARTICLE 25.

20  Section 25-5. The Illinois Public Aid Code is amended by

21 changing Section 14-12 as follows:

22  (305 ILCS 5/14-12)

23  Sec. 14-12. Hospital rate reform payment system. The
    SB3365 Enrolled         - 107 - LRB104 18483 SSS 31925 b

1 hospital payment system pursuant to Section 14-11 of this

2 Article shall be as follows:

3   (a) Inpatient hospital services. Effective on and after

4 the effective date of this amendatory Act of the 104th General

5 Assembly, reimbursement for inpatient general acute care

6 services shall utilize the All Patient Refined Diagnosis

7   Related Grouping (APR-DRG) software distributed by SolventumTM

8   previously known as 3MTM Health Information System. SolventumTM

9 shall be the exclusive provider of this software unless the

10  Department determines that SolventumTM is unable to meet the

11 required operational or contractual terms. Only under these

12 circumstances may an alternative authorized provider of the

13 software be considered.

14  (1) The Department shall establish Medicaid weighting

15  factors to be used in the reimbursement system established

16  under this subsection. Initial weighting factors shall be

17  the weighting factors as published by the authorized

18  provider of this software adjusted for the Illinois

19  experience.

20  (2)              The    Department  shall  establish  a

21  statewide-standardized amount to be used in the inpatient

22  reimbursement system. The Department shall publish these

23  amounts on its website no later than 10 calendar days

24  prior to their effective date.

25  (3) In addition to the statewide-standardized amount,

26  the Department shall develop adjusters to adjust the rate
    SB3365 Enrolled  - 108 - LRB104 18483 SSS 31925 b

1   of reimbursement for critical Medicaid providers or

2   services for trauma, transplantation services, perinatal

3   care, and Graduate Medical Education (GME).

4   (4) The Department shall develop add-on payments to

5   account for exceptionally costly inpatient stays,

6   consistent with Medicare outlier principles. Outlier fixed

7   loss thresholds may be updated to control for excessive

8   growth in outlier payments no more frequently than on an

9   annual basis, but at least once every 4 years. Upon

10  updating the fixed loss thresholds, the Department shall

11  be required to update base rates within 12 months.

12  (5) The Department shall define those hospitals or

13  distinct parts of hospitals that shall be exempt from the

14  APR-DRG reimbursement system established under this

15  Section. The Department shall publish these hospitals'

16  inpatient rates on its website no later than 10 calendar

17  days prior to their effective date.

18  (6) Beginning July 1, 2014 and ending on December 31,

19  2023, in addition to the statewide-standardized amount,

20  the Department shall develop an adjustor to adjust the

21  rate of reimbursement for safety-net hospitals defined in

22  Section 5-5e.1 of this Code excluding pediatric hospitals.

23  (7) Beginning July 1, 2014, in addition to the

24  statewide-standardized amount, the Department shall

25  develop an adjustor to adjust the rate of reimbursement

26  for Illinois freestanding inpatient psychiatric hospitals
    SB3365 Enrolled             - 109 - LRB104 18483 SSS 31925 b

1   that are not designated as children's hospitals by the

2   Department but are primarily treating patients under the

3   age of 21.

4   (7.5) (Blank).

5   (8) Beginning July 1, 2018, in addition to the

6   statewide-standardized amount, the Department shall adjust

7   the rate of reimbursement for hospitals designated by the

8   Department of Public Health as a Perinatal Level II or II+

9   center by applying the same adjustor that is applied to

10  Perinatal and Obstetrical care cases for Perinatal Level

11  III centers, as of December 31, 2017.

12  (9) Beginning July 1, 2018, in addition to the

13  statewide-standardized amount, the Department shall apply

14  the same adjustor that is applied to trauma cases as of

15  December 31, 2017 to inpatient claims to treat patients

16  with burns, including, but not limited to, APR-DRGs 841,

17  842, 843, and 844.

18  (10)             Beginning  July       1,  2018,  the

19  statewide-standardized amount for inpatient general acute

20  care services shall be uniformly increased so that base

21  claims projected reimbursement is increased by an amount

22  equal to the funds allocated in paragraph (1) of

23  subsection (b) of Section 5A-12.6, less the amount

24  allocated under paragraphs (8) and (9) of this subsection

25  and paragraphs (3) and (4) of subsection (b) multiplied by

26  40%.
    SB3365 Enrolled        - 110 - LRB104 18483 SSS 31925 b

1   (11) Beginning July 1, 2018, the reimbursement for

2   inpatient rehabilitation services shall be increased by

3   the addition of a $96 per day add-on.

4   (b) Outpatient hospital services. Effective on and after

5 the effective date of this amendatory Act of the 104th General

6 Assembly, reimbursement for outpatient services shall utilize

7 the Enhanced Ambulatory Procedure Grouping (EAPG) software

8   distributed by SolventumTM previously known as 3MTM Health

9   Information System. SolventumTM shall be the exclusive

10 provider of this software unless the Agency determines that

11  SolventumTM is unable to meet the required operational or

12 contractual terms. Only under these circumstances may an

13 alternative authorized provider of the software be considered.

14  (1) The Department shall establish Medicaid weighting

15  factors to be used in the reimbursement system established

16  under this subsection. The initial weighting factors shall

17  be the weighting factors as published by the authorized

18  provider.

19  (2) The Department shall establish service specific

20  statewide-standardized amounts to be used in the

21  reimbursement system.

22  (A) The initial statewide standardized amounts,

23  with the labor portion adjusted by the Calendar Year

24  2013 Medicare Outpatient Prospective Payment System

25  wage index with reclassifications, shall be published

26  by the Department on its website no later than 10
    SB3365 Enrolled  - 111 - LRB104 18483 SSS 31925 b

1   calendar days prior to their effective date.

2   (B) The Department shall establish adjustments to

3   the statewide-standardized amounts for each Critical

4   Access Hospital, as designated by the Department of

5   Public Health in accordance with 42 CFR 485, Subpart

6   F. For outpatient services provided on or before June

7   30, 2018, the EAPG standardized amounts are determined

8   separately for each critical access hospital such that

9   simulated EAPG payments using outpatient base period

10  paid claim data plus payments under Section 5A-12.4 of

11  this Code net of the associated tax costs are equal to

12  the estimated costs of outpatient base period claims

13  data with a rate year cost inflation factor applied.

14  (3) In addition to the statewide-standardized amounts,

15  the Department shall develop adjusters to adjust the rate

16  of reimbursement for critical Medicaid hospital outpatient

17  providers or services, including outpatient high volume or

18  safety-net hospitals. Beginning July 1, 2018, the

19  outpatient high volume adjustor shall be increased to

20  increase annual expenditures associated with this adjustor

21  by $79,200,000, based on the State Fiscal Year 2015 base

22  year data and this adjustor shall apply to public

23  hospitals, except for large public hospitals, as defined

24  under 89 Ill. Adm. Code 148.25(a).

25  (4) Beginning July 1, 2018, in addition to the

26  statewide standardized amounts, the Department shall make
    SB3365 Enrolled     - 112 - LRB104 18483 SSS 31925 b

1   an add-on payment for outpatient expensive devices and

2   drugs. This add-on payment shall at least apply to claim

3   lines that: (i) are assigned with one of the following

4   EAPGs: 490, 1001 to 1020, and coded with one of the

5   following revenue codes: 0274 to 0276, 0278; or (ii) are

6   assigned with one of the following EAPGs: 430 to 441, 443,

7   444, 460 to 465, 495, 496, 1090. The add-on payment shall

8   be calculated as follows: the claim line's covered charges

9   multiplied by the hospital's total acute cost to charge

10  ratio, less the claim line's EAPG payment plus $1,000,

11  multiplied by 0.8.

12  (5) Beginning July 1, 2018, the statewide-standardized

13  amounts for outpatient services shall be increased by a

14  uniform percentage so that base claims projected

15  reimbursement is increased by an amount equal to no less

16  than the funds allocated in paragraph (1) of subsection

17  (b) of Section 5A-12.6, less the amount allocated under

18  paragraphs (8) and (9) of subsection (a) and paragraphs

19  (3) and (4) of this subsection multiplied by 46%.

20  (6) Effective for dates of service on or after July 1,

21  2018, the Department shall establish adjustments to the

22  statewide-standardized amounts for each Critical Access

23  Hospital, as designated by the Department of Public Health

24  in accordance with 42 CFR 485, Subpart F, such that each

25  Critical Access Hospital's standardized amount for

26  outpatient services shall be increased by the applicable
    SB3365 Enrolled       - 113 - LRB104 18483 SSS 31925 b

1   uniform percentage determined pursuant to paragraph (5) of

2   this subsection. It is the intent of the General Assembly

3   that the adjustments required under this paragraph (6) by

4   Public Act 100-1181 shall be applied retroactively to

5   claims for dates of service provided on or after July 1,

6   2018.

7   (7) Effective for dates of service on or after March

8   8, 2019 (the effective date of Public Act 100-1181), the

9   Department shall recalculate and implement an updated

10  statewide-standardized amount for outpatient services

11  provided by hospitals that are not Critical Access

12  Hospitals to reflect the applicable uniform percentage

13  determined pursuant to paragraph (5).

14         (1)       Any  recalculation    to  the

15  statewide-standardized amounts for outpatient services

16  provided by hospitals that are not Critical Access

17  Hospitals shall be the amount necessary to achieve the

18  increase in the statewide-standardized amounts for

19  outpatient services increased by a uniform percentage,

20  so that base claims projected reimbursement is

21  increased by an amount equal to no less than the funds

22  allocated in paragraph (1) of subsection (b) of

23  Section 5A-12.6, less the amount allocated under

24  paragraphs (8) and (9) of subsection (a) and

25  paragraphs (3) and (4) of this subsection, for all

26  hospitals that are not Critical Access Hospitals,
    SB3365 Enrolled     - 114 - LRB104 18483 SSS 31925 b

1   multiplied by 46%.

2   (2) It is the intent of the General Assembly that

3   the recalculations required under this paragraph (7)

4   by Public Act 100-1181 shall be applied prospectively

5   to claims for dates of service provided on or after

6   March 8, 2019 (the effective date of Public Act

7   100-1181) and that no recoupment or repayment by the

8   Department or an MCO of payments attributable to

9   recalculation under this paragraph (7), issued to the

10  hospital for dates of service on or after July 1, 2018

11  and before March 8, 2019 (the effective date of Public

12  Act 100-1181), shall be permitted.

13  (8) The Department shall ensure that all necessary

14  adjustments to the managed care organization capitation

15  base rates necessitated by the adjustments under

16  subparagraph (6) or (7) of this subsection are completed

17  and applied retroactively in accordance with Section

18  5-30.8 of this Code within 90 days of March 8, 2019 (the

19  effective date of Public Act 100-1181).

20  (9) Within 60 days after federal approval of the

21  change made to the assessment in Section 5A-2 by Public

22  Act 101-650, the Department shall incorporate into the

23  EAPG system for outpatient services those services

24  performed by hospitals currently billed through the

25  Non-Institutional Provider billing system.

26  (b-5) Notwithstanding any other provision of this Section,
    SB3365 Enrolled  - 115 - LRB104 18483 SSS 31925 b

1 beginning with dates of service on and after January 1, 2023,

2 any general acute care hospital with more than 500 outpatient

3 psychiatric Medicaid services to persons under 19 years of age

4 in any calendar year shall be paid the outpatient add-on

5 payment of no less than $113.

6   (c) In consultation with the hospital community, the

7 Department is authorized to replace 89 Ill. Adm. Code 152.150

8 as published in 38 Ill. Reg. 4980 through 4986 within 12 months

9 of June 16, 2014 (the effective date of Public Act 98-651). If

10 the Department does not replace these rules within 12 months

11 of June 16, 2014 (the effective date of Public Act 98-651), the

12 rules in effect for 152.150 as published in 38 Ill. Reg. 4980

13 through 4986 shall remain in effect until modified by rule by

14 the Department. Nothing in this subsection shall be construed

15 to mandate that the Department file a replacement rule.

16  (d) Transition period. There shall be a transition period

17 to the reimbursement systems authorized under this Section

18 that shall begin on the effective date of these systems and

19 continue until June 30, 2018, unless extended by rule by the

20 Department. To help provide an orderly and predictable

21 transition to the new reimbursement systems and to preserve

22 and enhance access to the hospital services during this

23 transition, the Department shall allocate a transitional

24 hospital access pool of at least $290,000,000 annually so that

25 transitional hospital access payments are made to hospitals.

26  (1) After the transition period, the Department may
    SB3365 Enrolled  - 116 - LRB104 18483 SSS 31925 b

1   begin incorporating the transitional hospital access pool

2   into the base rate structure; however, the transitional

3   hospital access payments in effect on June 30, 2018 shall

4   continue to be paid, if continued under Section 5A-16.

5   (2) After the transition period, if the Department

6   reduces payments from the transitional hospital access

7   pool, it shall increase base rates, develop new adjustors,

8   adjust current adjustors, develop new hospital access

9   payments based on updated information, or any combination

10  thereof by an amount equal to the decreases proposed in

11  the transitional hospital access pool payments, ensuring

12  that the entire transitional hospital access pool amount

13  shall continue to be used for hospital payments.

14  (d-5) Hospital and health care transformation program. The

15 Department shall develop a hospital and health care

16 transformation program to provide financial assistance to

17 hospitals in transforming their services and care models to

18 better align with the needs of the communities they serve. The

19 payments authorized in this Section shall be subject to

20 approval by the federal government.

21  (1) Phase 1. In State fiscal years 2019 through 2020,

22  the Department shall allocate funds from the transitional

23  access hospital pool to create a hospital transformation

24  pool of at least $262,906,870 annually and make hospital

25  transformation payments to hospitals. Subject to Section

26  5A-16, in State fiscal years 2019 and 2020, an Illinois
    SB3365 Enrolled      - 117 - LRB104 18483 SSS 31925 b

1   hospital that received either a transitional hospital

2   access payment under subsection (d) or a supplemental

3   payment under subsection (f) of this Section in State

4   fiscal year 2018, shall receive a hospital transformation

5   payment as follows:

6   (A) If the hospital's Rate Year 2017 Medicaid

7   inpatient utilization rate is equal to or greater than

8   45%, the hospital transformation payment shall be

9   equal to 100% of the sum of its transitional hospital

10  access payment authorized under subsection (d) and any

11  supplemental payment authorized under subsection (f).

12  (B) If the hospital's Rate Year 2017 Medicaid

13  inpatient utilization rate is equal to or greater than

14  25% but less than 45%, the hospital transformation

15  payment shall be equal to 75% of the sum of its

16  transitional hospital access payment authorized under

17  subsection (d) and any supplemental payment authorized

18  under subsection (f).

19  (C) If the hospital's Rate Year 2017 Medicaid

20  inpatient utilization rate is less than 25%, the

21  hospital transformation payment shall be equal to 50%

22  of the sum of its transitional hospital access payment

23  authorized under subsection (d) and any supplemental

24  payment authorized under subsection (f).

25  (2) Phase 2.

26  (A) The funding amount from phase one shall be
    SB3365 Enrolled  - 118 - LRB104 18483 SSS 31925 b

1   incorporated into directed payment and pass-through

2   payment methodologies described in Section 5A-12.7.

3   (B) Because there are communities in Illinois that

4   experience significant health care disparities due to

5   systemic racism, as recently emphasized by the

6   COVID-19 pandemic, aggravated by social determinants

7   of health and a lack of sufficiently allocated health

8   care resources, particularly community-based services,

9   preventive care, obstetric care, chronic disease

10  management, and specialty care, the Department shall

11  establish a health care transformation program that

12  shall be supported by the transformation funding pool.

13  It is the intention of the General Assembly that

14  innovative partnerships funded by the pool must be

15  designed to establish or improve integrated health

16  care delivery systems that will provide significant

17  access to the Medicaid and uninsured populations in

18  their communities, as well as improve health care

19  equity. It is also the intention of the General

20  Assembly that partnerships recognize and address the

21  disparities revealed by the COVID-19 pandemic, as well

22  as the need for post-COVID care. During State fiscal

23  years 2021 through 2027, the hospital and health care

24  transformation program shall be supported by an annual

25  transformation funding pool of up to $150,000,000,

26  pending federal matching funds, to be allocated during
    SB3365 Enrolled  - 119 - LRB104 18483 SSS 31925 b

1   the specified fiscal years for the purpose of

2   facilitating hospital and health care transformation.

3   Funds that had been budgeted but unexpended in State

4   fiscal years 2021 through 2027 may be allocated in

5   State fiscal year 2028 in an amount not to exceed

6   $150,000,000. No disbursement of moneys for

7   transformation projects from the transformation

8   funding pool described under this Section shall be

9   considered an award, a grant, or an expenditure of

10  grant funds. Funding agreements made in accordance

11  with the transformation program shall be considered

12  purchases of care under the Illinois Procurement Code,

13  and funds shall be expended by the Department in a

14  manner that maximizes federal funding to expend the

15  entire allocated amount.

16  The Department shall convene, within 30 days after

17  March 12, 2021 (the effective date of Public Act

18  101-655), a workgroup that includes subject matter

19  experts on health care disparities and stakeholders

20  from distressed communities, which could be a

21  subcommittee of the Medicaid Advisory Committee, to

22  review and provide recommendations on how Department

23  policy, including health care transformation, can

24  improve health disparities and the impact on

25  communities disproportionately affected by COVID-19.

26  The workgroup shall consider and make recommendations
    SB3365 Enrolled  - 120 - LRB104 18483 SSS 31925 b

1   on the following issues: a community safety-net

2   designation of certain hospitals, racial equity, and a

3   regional partnership to bring additional specialty

4   services to communities.

5   (C) As provided in paragraph (9) of Section 3 of

6   the Illinois Health Facilities Planning Act, any

7   hospital participating in the transformation program

8   may be excluded from the requirements of the Illinois

9   Health Facilities Planning Act for those projects

10  related to the hospital's transformation. To be

11  eligible, the hospital must submit to the Health

12  Facilities and Services Review Board approval from the

13  Department that the project is a part of the

14  hospital's transformation.

15  (D) As provided in subsection (a-20) of Section

16  32.5 of the Emergency Medical Services (EMS) Systems

17  Act, a hospital that received hospital transformation

18  payments under this Section may convert to a

19  freestanding emergency center. To be eligible for such

20  a conversion, the hospital must submit to the

21  Department of Public Health approval from the

22  Department that the project is a part of the

23  hospital's transformation.

24  (E) Criteria for proposals. To be eligible for

25  funding under this Section, a transformation proposal

26  shall meet all of the following criteria:
    SB3365 Enrolled  - 121 - LRB104 18483 SSS 31925 b

1                    (i) the proposal shall be designed based on

2   community needs assessment completed by either a

3   University partner or other qualified entity with

4   significant community input;

5                    (ii) the proposal shall be a collaboration

6   among providers across the care and community

7   spectrum, including preventative care, primary

8   care, specialty care, hospital services, mental

9   health and substance abuse services, as well as

10  community-based entities that address the social

11  determinants of health;

12                   (iii) the proposal shall be specifically

13  designed to improve health care outcomes and

14  reduce health care disparities, and improve the

15  coordination, effectiveness, and efficiency of

16  care delivery;

17                   (iv) the proposal shall have specific

18  measurable metrics related to disparities that

19  will be tracked by the Department and made public

20  by the Department;

21                   (v) the proposal shall include a commitment to

22  include Business Enterprise Program certified

23  vendors or other entities controlled and managed

24  by minorities or women; and

25                   (vi) the proposal shall specifically increase

26  access to primary, preventive, or specialty care.
    SB3365 Enrolled  - 122 - LRB104 18483 SSS 31925 b

1   (F) Entities eligible to be funded.

2                    (i) Proposals for funding should come from

3   collaborations operating in one of the most

4   distressed communities in Illinois as determined

5   by the U.S. Centers for Disease Control and

6   Prevention's Social Vulnerability Index for

7   Illinois and areas disproportionately impacted by

8   COVID-19 or from rural areas of Illinois.

9                    (ii) The Department shall prioritize

10  partnerships from distressed communities, which

11  include Business Enterprise Program certified

12  vendors or other entities controlled and managed

13  by minorities or women and also include one or

14  more of the following: safety-net hospitals,

15  critical access hospitals, the campuses of

16  hospitals that have closed since January 1, 2018,

17  or other health care providers designed to address

18  specific health care disparities, including the

19  impact of COVID-19 on individuals and the

20  community and the need for post-COVID care. All

21  funded proposals must include specific measurable

22  goals and metrics related to improved outcomes and

23  reduced disparities which shall be tracked by the

24  Department.

25                   (iii) The Department should target the funding

26  in the following ways: $30,000,000 of
    SB3365 Enrolled  - 123 - LRB104 18483 SSS 31925 b

1   transformation funds to projects that are a

2   collaboration between a safety-net hospital,

3   particularly community safety-net hospitals, and

4   other providers and designed to address specific

5   health care disparities, $20,000,000 of

6   transformation funds to collaborations between

7   safety-net hospitals and a larger hospital partner

8   that increases specialty care in distressed

9   communities, $30,000,000 of transformation funds

10  to projects that are a collaboration between

11  hospitals and other providers in distressed areas

12  of the State designed to address specific health

13  care disparities, $15,000,000 to collaborations

14  between critical access hospitals and other

15  providers designed to address specific health care

16  disparities, and $15,000,000 to cross-provider

17  collaborations designed to address specific health

18  care disparities, and $5,000,000 to collaborations

19  that focus on workforce development.

20                   (iv) The Department may allocate up to

21  $5,000,000 for planning, racial equity analysis,

22  or consulting resources for the Department or

23  entities without the resources to develop a plan

24  to meet the criteria of this Section. Any contract

25  for consulting services issued by the Department

26  under this subparagraph shall comply with the
    SB3365 Enrolled  - 124 - LRB104 18483 SSS 31925 b

1   provisions of Section 5-45 of the State Officials

2   and Employees Ethics Act. Based on availability of

3   federal funding, the Department may directly

4   procure consulting services or provide funding to

5   the collaboration. The provision of resources

6   under this subparagraph is not a guarantee that a

7   project will be approved.

8                    (v) The Department shall take steps to ensure

9   that safety-net hospitals operating in

10  under-resourced communities receive priority

11  access to hospital and health care transformation

12  funds, including consulting funds, as provided

13  under this Section.

14  (G) Process for submitting and approving projects

15  for distressed communities. The Department shall issue

16  a template for application. The Department shall post

17  any proposal received on the Department's website for

18  at least 2 weeks for public comment, and any such

19  public comment shall also be considered in the review

20  process. Applicants may request that proprietary

21  financial information be redacted from publicly posted

22  proposals and the Department in its discretion may

23  agree. Proposals for each distressed community must

24  include all of the following:

25                   (i) A detailed description of how the project

26  intends to affect the goals outlined in this
    SB3365 Enrolled  - 125 - LRB104 18483 SSS 31925 b

1   subsection, describing new interventions, new

2   technology, new structures, and other changes to

3   the health care delivery system planned.

4                    (ii) A detailed description of the racial and

5   ethnic makeup of the entities' board and

6   leadership positions and the salaries of the

7   executive staff of entities in the partnership

8   that is seeking to obtain funding under this

9   Section.

10                   (iii) A complete budget, including an overall

11  timeline and a detailed pathway to sustainability

12  within a 5-year period, specifying other sources

13  of funding, such as in-kind, cost-sharing, or

14  private donations, particularly for capital needs.

15  There is an expectation that parties to the

16  transformation project dedicate resources to the

17  extent they are able and that these expectations

18  are delineated separately for each entity in the

19  proposal.

20                   (iv) A description of any new entities formed

21  or other legal relationships between collaborating

22  entities and how funds will be allocated among

23  participants.

24                   (v) A timeline showing the evolution of sites

25  and specific services of the project over a 5-year

26  period, including services available to the
    SB3365 Enrolled  - 126 - LRB104 18483 SSS 31925 b

1   community by site.

2                    (vi) Clear milestones indicating progress

3   toward the proposed goals of the proposal as

4   checkpoints along the way to continue receiving

5   funding. The Department is authorized to refine

6   these milestones in agreements, and is authorized

7   to impose reasonable penalties, including

8   repayment of funds, for substantial lack of

9   progress.

10                   (vii) A clear statement of the level of

11  commitment the project will include for minorities

12  and women in contracting opportunities, including

13  as equity partners where applicable, or as

14  subcontractors and suppliers in all phases of the

15  project.

16                   (viii) If the community study utilized is not

17  the study commissioned and published by the

18  Department, the applicant must define the

19  methodology used, including documentation of clear

20  community participation.

21                   (ix) A description of the process used in

22  collaborating with all levels of government in the

23  community served in the development of the

24  project, including, but not limited to,

25  legislators and officials of other units of local

26  government.
    SB3365 Enrolled  - 127 - LRB104 18483 SSS 31925 b

1                    (x) Documentation of a community input process

2   in the community served, including links to

3   proposal materials on public websites.

4                    (xi) Verifiable project milestones and quality

5   metrics that will be impacted by transformation.

6   These project milestones and quality metrics must

7   be identified with improvement targets that must

8   be met.

9                    (xii) Data on the number of existing employees

10  by various job categories and wage levels by the

11  zip code of the employees' residence and

12  benchmarks for the continued maintenance and

13  improvement of these levels. The proposal must

14  also describe any retraining or other workforce

15  development planned for the new project.

16                   (xiii) If a new entity is created by the

17  project, a description of how the board will be

18  reflective of the community served by the

19  proposal.

20                   (xiv) An explanation of how the proposal will

21  address the existing disparities that exacerbated

22  the impact of COVID-19 and the need for post-COVID

23  care in the community, if applicable.

24                   (xv) An explanation of how the proposal is

25  designed to increase access to care, including

26  specialty care based upon the community's needs.
    SB3365 Enrolled  - 128 - LRB104 18483 SSS 31925 b

1   (H) The Department shall evaluate proposals for

2   compliance with the criteria listed under subparagraph

3   (G). Proposals meeting all of the criteria may be

4   eligible for funding with the areas of focus

5   prioritized as described in item (ii) of subparagraph

6   (F). Based on the funds available, the Department may

7   negotiate funding agreements with approved applicants

8   to maximize federal funding. Nothing in this

9   subsection requires that an approved project be funded

10  to the level requested. Agreements shall specify the

11  amount of funding anticipated annually, the

12  methodology of payments, the limit on the number of

13  years such funding may be provided, and the milestones

14  and quality metrics that must be met by the projects in

15  order to continue to receive funding during each year

16  of the program. Agreements shall specify the terms and

17  conditions under which a health care facility that

18  receives funds under a purchase of care agreement and

19  closes in violation of the terms of the agreement must

20  pay an early closure fee no greater than 50% of the

21  funds it received under the agreement, prior to the

22  Health Facilities and Services Review Board

23  considering an application for closure of the

24  facility. Any project that is funded shall be required

25  to provide quarterly written progress reports, in a

26  form prescribed by the Department, and at a minimum
    SB3365 Enrolled  - 129 - LRB104 18483 SSS 31925 b

1   shall include the progress made in achieving any

2   milestones or metrics or Business Enterprise Program

3   commitments in its plan. The Department may reduce or

4   end payments, as set forth in transformation plans, if

5   milestones or metrics or Business Enterprise Program

6   commitments are not achieved. The Department shall

7   seek to make payments from the transformation fund in

8   a manner that is eligible for federal matching funds.

9   In reviewing the proposals, the Department shall

10  take into account the needs of the community, data

11  from the study commissioned by the Department from the

12  University of Illinois-Chicago if applicable, feedback

13  from public comment on the Department's website, as

14  well as how the proposal meets the criteria listed

15  under subparagraph (G). Alignment with the

16  Department's overall strategic initiatives shall be an

17  important factor. To the extent that fiscal year

18  funding is not adequate to fund all eligible projects

19  that apply, the Department shall prioritize

20  applications that most comprehensively and effectively

21  address the criteria listed under subparagraph (G).

22  (3) (Blank).

23  (4) Hospital Transformation Review Committee. There is

24  created the Hospital Transformation Review Committee. The

25  Committee shall consist of 14 members. No later than 30

26  days after March 12, 2018 (the effective date of Public
    SB3365 Enrolled  - 130 - LRB104 18483 SSS 31925 b

1   Act 100-581), the 4 legislative leaders shall each appoint

2   3 members; the Governor shall appoint the Director of

3   Healthcare and Family Services, or his or her designee, as

4   a member; and the Director of Healthcare and Family

5   Services shall appoint one member. Any vacancy shall be

6   filled by the applicable appointing authority within 15

7   calendar days. The members of the Committee shall select a

8   Chair and a Vice-Chair from among its members, provided

9   that the Chair and Vice-Chair cannot be appointed by the

10  same appointing authority and must be from different

11  political parties. The Chair shall have the authority to

12  establish a meeting schedule and convene meetings of the

13  Committee, and the Vice-Chair shall have the authority to

14  convene meetings in the absence of the Chair. The

15  Committee may establish its own rules with respect to

16  meeting schedule, notice of meetings, and the disclosure

17  of documents; however, the Committee shall not have the

18  power to subpoena individuals or documents and any rules

19  must be approved by 9 of the 14 members. The Committee

20  shall perform the functions described in this Section and

21  advise and consult with the Director in the administration

22  of this Section. In addition to reviewing and approving

23  the policies, procedures, and rules for the hospital and

24  health care transformation program, the Committee shall

25  consider and make recommendations related to qualifying

26  criteria and payment methodologies related to safety-net
    SB3365 Enrolled    - 131 - LRB104 18483 SSS 31925 b

1   hospitals and children's hospitals. Members of the

2   Committee appointed by the legislative leaders shall be

3   subject to the jurisdiction of the Legislative Ethics

4   Commission, not the Executive Ethics Commission, and all

5   requests under the Freedom of Information Act shall be

6   directed to the applicable Freedom of Information officer

7   for the General Assembly. The Department shall provide

8   operational support to the Committee as necessary. The

9   Committee is dissolved on April 1, 2019.

10  (e) Beginning 36 months after initial implementation, the

11 Department shall update the reimbursement components in

12 subsections (a) and (b), including standardized amounts and

13 weighting factors, and at least once every 4 years and no more

14 frequently than annually thereafter. The Department shall

15 publish these updates on its website no later than 30 calendar

16 days prior to their effective date.

17  (f) Continuation of supplemental payments. Any

18 supplemental payments authorized under 89 Illinois

19 Administrative Code 148 effective January 1, 2014 and that

20 continue during the period of July 1, 2014 through December

21 31, 2014 shall remain in effect as long as the assessment

22 imposed by Section 5A-2 that is in effect on December 31, 2017

23 remains in effect.

24  (g) Notwithstanding subsections (a) through (f) of this

25 Section and notwithstanding the changes authorized under

26 Section 5-5b.1, any updates to the system shall not result in
    SB3365 Enrolled  - 132 - LRB104 18483 SSS 31925 b

1 any diminishment of the overall effective rates of

2 reimbursement as of the implementation date of the new system

3 (July 1, 2014). These updates shall not preclude variations in

4 any individual component of the system or hospital rate

5 variations. Nothing in this Section shall prohibit the

6 Department from increasing the rates of reimbursement or

7 developing payments to ensure access to hospital services.

8 Nothing in this Section shall be construed to guarantee a

9 minimum amount of spending in the aggregate or per hospital as

10 spending may be impacted by factors, including, but not

11 limited to, the number of individuals in the medical

12 assistance program and the severity of illness of the

13 individuals.

14  (h) The Department shall have the authority to modify by

15 rulemaking any changes to the rates or methodologies in this

16 Section as required by the federal government to obtain

17 federal financial participation for expenditures made under

18 this Section.

19  (i) Except for subsections (g) and (h) of this Section,

20 the Department shall, pursuant to subsection (c) of Section

21 5-40 of the Illinois Administrative Procedure Act, provide for

22 presentation at the June 2014 hearing of the Joint Committee

23 on Administrative Rules (JCAR) additional written notice to

24 JCAR of the following rules in order to commence the second

25 notice period for the following rules: rules published in the

26 Illinois Register, rule dated February 21, 2014 at 38 Ill.
    SB3365 Enrolled   - 133 - LRB104 18483 SSS 31925 b

1 Reg. 4559 (Medical Payment), 4628 (Specialized Health Care

2 Delivery Systems), 4640 (Hospital Services), 4932 (Diagnostic

3 Related Grouping (DRG) Prospective Payment System (PPS)), and

4 4977 (Hospital Reimbursement Changes), and published in the

5 Illinois Register dated March 21, 2014 at 38 Ill. Reg. 6499

6 (Specialized Health Care Delivery Systems) and 6505 (Hospital

7 Services).

8   (j) Out-of-state hospitals. Beginning July 1, 2018, for

9 purposes of determining for State fiscal years 2019 and 2020

10 and subsequent fiscal years the hospitals eligible for the

11 payments authorized under subsections (a) and (b) of this

12 Section, the Department shall include out-of-state hospitals

13 that are designated a Level I pediatric trauma center or a

14 Level I trauma center by the Department of Public Health as of

15 December 1, 2017.

16  (k) The Department shall notify each hospital and managed

17 care organization, in writing, of the impact of the updates

18 under this Section at least 30 calendar days prior to their

19 effective date.

20  (k-5) The Department shall adopt amended rules, in advance

21 of the development of annual Calendar Year 2027 hospital

22 rates, to address the standardized process and time frame for

23 updates to the reimbursement components described in

24 subsections (a) and (b), including, but not limited to, the

25 definition of "excessive growth" in paragraph (4) of

26 subsection (a), in consultation with a statewide association
    SB3365 Enrolled  - 134 - LRB104 18483 SSS 31925 b

1 representing a majority of hospitals, to be undertaken prior

2 to initiating rulemaking in accordance with the Illinois

3 Administrative Procedure Act.

4   (l) This Section is subject to Section 14-12.5.

5 (Source: P.A. 103-102, eff. 6-16-23; 103-154, eff. 6-30-23;

6 104-9, eff. 6-16-25; 104-417, eff. 8-15-25.)

7                    ARTICLE 30.

8   Section 30-5. The Illinois Public Aid Code is amended by

9 changing Section 12-9 as follows:

10  (305 ILCS 5/12-9) (from Ch. 23, par. 12-9)

11  Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The

12 Public Aid Recoveries Trust Fund shall consist of (1)

13 recoveries by the Department of Healthcare and Family Services

14 (formerly Illinois Department of Public Aid) authorized by

15 this Code in respect to applicants or recipients under

16 Articles III, IV, V, and VI, including recoveries made by the

17 Department of Healthcare and Family Services (formerly

18 Illinois Department of Public Aid) from the estates of

19 deceased recipients, (2) recoveries made by the Department of

20 Healthcare and Family Services (formerly Illinois Department

21 of Public Aid) in respect to applicants and recipients under

22 the Children's Health Insurance Program Act, and the Covering

23 ALL KIDS Health Insurance Act, (2.5) recoveries made by the
    SB3365 Enrolled  - 135 - LRB104 18483 SSS 31925 b

1 Department of Healthcare and Family Services in connection

2 with the imposition of an administrative penalty as provided

3 under Section 12-4.45, (3) federal funds received on behalf of

4 and earned by State universities, other State agencies or

5 departments, and local governmental entities for services

6 provided to applicants or recipients covered under this Code,

7 the Children's Health Insurance Program Act, and the Covering

8 ALL KIDS Health Insurance Act, (3.5) federal financial

9 participation revenue related to eligible disbursements made

10 by the Department of Healthcare and Family Services from

11 appropriations required by this Section, and (4) all other

12 moneys received to the Fund, including interest thereon. The

13 Fund shall be held as a special fund in the State Treasury.

14  Disbursements from this Fund shall be only (1) for the

15 reimbursement of claims collected by the Department of

16 Healthcare and Family Services (formerly Illinois Department

17 of Public Aid) through error or mistake, (2) for payment to

18 persons or agencies designated as payees or co-payees on any

19 instrument, whether or not negotiable, delivered to the

20 Department of Healthcare and Family Services (formerly

21 Illinois Department of Public Aid) as a recovery under this

22 Section, such payment to be in proportion to the respective

23 interests of the payees in the amount so collected, (3) for

24 payments to the Department of Human Services for collections

25 made by the Department of Healthcare and Family Services

26 (formerly Illinois Department of Public Aid) on behalf of the
SB3365 Enrolled  - 136 - LRB104 18483 SSS 31925 b

 1 Department of Human Services under this Code, the Children's
 2 Health Insurance Program Act, and the Covering ALL KIDS Health
 3 Insurance Act, (4) for payment of administrative expenses
 4 incurred in performing the activities authorized under this
 5 Code, the Children's Health Insurance Program Act, and the
 6 Covering ALL KIDS Health Insurance Act, (5) for payment of
 7 fees to persons or agencies in the performance of activities
 8 pursuant to the collection of monies owed the State that are
 9 collected under this Code, the Children's Health Insurance
10 Program Act, and the Covering ALL KIDS Health Insurance Act,
11 (6) separate from those disbursements allowed under items (4)
12 and (5), for payment of contingency fees to third-party
13 entities that the Office of Inspector General authorizes to
14 conduct audits under Sections 12-4.25 and 12-4.40, or any
15 similar audits required by State or federal law, (7) for
16 payments of any amounts which are reimbursable to the federal
17 government which are required to be paid by State warrant by
18 either the State or federal government, and (8) (7) for
19 payments to State universities, other State agencies or
20 departments, and local governmental entities of federal funds
21 for services provided to applicants or recipients covered
22 under this Code, the Children's Health Insurance Program Act,
23 and the Covering ALL KIDS Health Insurance Act. Disbursements
24 from this Fund for purposes of items (4) and (5) of this
25 paragraph shall be subject to appropriations from the Fund to
26 the Department of Healthcare and Family Services (formerly
    SB3365 Enrolled  - 137 - LRB104 18483 SSS 31925 b

1 Illinois Department of Public Aid).

2   The balance in this Fund after payment therefrom of any

3 amounts reimbursable to the federal government, and minus the

4 amount anticipated to be needed to make the disbursements

5 authorized by this Section, shall be certified by the Director

6 of Healthcare and Family Services and transferred by the State

7 Comptroller to the Drug Rebate Fund or the Healthcare Provider

8 Relief Fund in the State Treasury, as appropriate, on at least

9 an annual basis by June 30th of each fiscal year. The Director

10 of Healthcare and Family Services may certify and the State

11 Comptroller shall transfer to the Drug Rebate Fund or the

12 Healthcare Provider Relief Fund amounts on a more frequent

13 basis.

14 (Source: P.A. 103-593, eff. 6-7-24.)

15                   ARTICLE 35.

16  Section 35-5. The Illinois Public Aid Code is amended by

17 changing Section 5-5.4 as follows:

18  (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)

19  Sec. 5-5.4. Standards of payment; Department of Healthcare

20 and Family Services. The Department of Healthcare and Family

21 Services shall develop standards of payment of nursing

22 facility and ICF/DD services in facilities providing such

23 services under this Article which:
    SB3365 Enrolled  - 138 - LRB104 18483 SSS 31925 b

1   (1) Provide for the determination of a facility's payment

2 for nursing facility or ICF/DD services on a prospective

3 basis. The amount of the payment rate for all nursing

4 facilities certified by the Department of Public Health under

5 the ID/DD Community Care Act or the Nursing Home Care Act as

6 Intermediate Care for the Developmentally Disabled facilities,

7 Long Term Care for Under Age 22 facilities, Skilled Nursing

8 facilities, or Intermediate Care facilities under the medical

9 assistance program shall be prospectively established annually

10 on the basis of historical, financial, and statistical data

11 reflecting actual costs from prior years, which shall be

12 applied to the current rate year and updated for inflation,

13 except that the capital cost element for newly constructed

14 facilities shall be based upon projected budgets. The annually

15 established payment rate shall take effect on July 1 in 1984

16 and subsequent years. No rate increase and no update for

17 inflation shall be provided on or after July 1, 1994, unless

18 specifically provided for in this Section. The changes made by

19 Public Act 93-841 extending the duration of the prohibition

20 against a rate increase or update for inflation are effective

21 retroactive to July 1, 2004.

22  For facilities licensed by the Department of Public Health

23 under the Nursing Home Care Act as Intermediate Care for the

24 Developmentally Disabled facilities or Long Term Care for

25 Under Age 22 facilities, the rates taking effect on July 1,

26 1998 shall include an increase of 3%. For facilities licensed
SB3365 Enrolled  - 139 - LRB104 18483 SSS 31925 b

 1 by the Department of Public Health under the Nursing Home Care
 2 Act as Skilled Nursing facilities or Intermediate Care
 3 facilities, the rates taking effect on July 1, 1998 shall
 4 include an increase of 3% plus $1.10 per resident-day, as
 5 defined by the Department. For facilities licensed by the
 6 Department of Public Health under the Nursing Home Care Act as
 7 Intermediate Care Facilities for the Developmentally Disabled
 8 or Long Term Care for Under Age 22 facilities, the rates taking
 9 effect on January 1, 2006 shall include an increase of 3%. For
10 facilities licensed by the Department of Public Health under
11 the Nursing Home Care Act as Intermediate Care Facilities for
12 the Developmentally Disabled or Long Term Care for Under Age
13 22 facilities, the rates taking effect on January 1, 2009
14 shall include an increase sufficient to provide a $0.50 per
15 hour wage increase for non-executive staff. For facilities
16 licensed by the Department of Public Health under the ID/DD
17 Community Care Act as ID/DD Facilities the rates taking effect
18 within 30 days after July 6, 2017 (the effective date of Public
19 Act 100-23) shall include an increase sufficient to provide a
20 $0.75 per hour wage increase for non-executive staff. The
21 Department shall adopt rules, including emergency rules under
22 subsection (y) of Section 5-45 of the Illinois Administrative
23 Procedure Act, to implement the provisions of this paragraph.
24 For facilities licensed by the Department of Public Health
25 under the ID/DD Community Care Act as ID/DD Facilities and
26 under the MC/DD Act as MC/DD Facilities, the rates taking
    SB3365 Enrolled  - 140 - LRB104 18483 SSS 31925 b

1 effect within 30 days after June 5, 2019 (the effective date of

2 Public Act 101-10) shall include an increase sufficient to

3 provide a $0.50 per hour wage increase for non-executive

4 frontline personnel, including, but not limited to, direct

5 support persons, aides, frontline supervisors, qualified

6 intellectual disabilities professionals, nurses, and

7 non-administrative support staff. The Department shall adopt

8 rules, including emergency rules under subsection (bb) of

9 Section 5-45 of the Illinois Administrative Procedure Act, to

10 implement the provisions of this paragraph.

11  For facilities licensed by the Department of Public Health

12 under the Nursing Home Care Act as Intermediate Care for the

13 Developmentally Disabled facilities or Long Term Care for

14 Under Age 22 facilities, the rates taking effect on July 1,

15 1999 shall include an increase of 1.6% plus $3.00 per

16 resident-day, as defined by the Department. For facilities

17 licensed by the Department of Public Health under the Nursing

18 Home Care Act as Skilled Nursing facilities or Intermediate

19 Care facilities, the rates taking effect on July 1, 1999 shall

20 include an increase of 1.6% and, for services provided on or

21 after October 1, 1999, shall be increased by $4.00 per

22 resident-day, as defined by the Department.

23  For facilities licensed by the Department of Public Health

24 under the Nursing Home Care Act as Intermediate Care for the

25 Developmentally Disabled facilities or Long Term Care for

26 Under Age 22 facilities, the rates taking effect on July 1,
    SB3365 Enrolled  - 141 - LRB104 18483 SSS 31925 b

1 2000 shall include an increase of 2.5% per resident-day, as

2 defined by the Department. For facilities licensed by the

3 Department of Public Health under the Nursing Home Care Act as

4 Skilled Nursing facilities or Intermediate Care facilities,

5 the rates taking effect on July 1, 2000 shall include an

6 increase of 2.5% per resident-day, as defined by the

7 Department.

8   For facilities licensed by the Department of Public Health

9 under the Nursing Home Care Act as skilled nursing facilities

10 or intermediate care facilities, a new payment methodology

11 must be implemented for the nursing component of the rate

12 effective July 1, 2003. The Department of Public Aid (now

13 Healthcare and Family Services) shall develop the new payment

14 methodology using the Minimum Data Set (MDS) as the instrument

15 to collect information concerning nursing home resident

16 condition necessary to compute the rate. The Department shall

17 develop the new payment methodology to meet the unique needs

18 of Illinois nursing home residents while remaining subject to

19 the appropriations provided by the General Assembly. A

20 transition period from the payment methodology in effect on

21 June 30, 2003 to the payment methodology in effect on July 1,

22 2003 shall be provided for a period not exceeding 3 years and

23 184 days after implementation of the new payment methodology

24 as follows:

25  (A) For a facility that would receive a lower nursing

26  component rate per patient day under the new system than
    SB3365 Enrolled        - 142 - LRB104 18483 SSS 31925 b

1   the facility received effective on the date immediately

2   preceding the date that the Department implements the new

3   payment methodology, the nursing component rate per

4   patient day for the facility shall be held at the level in

5   effect on the date immediately preceding the date that the

6   Department implements the new payment methodology until a

7   higher nursing component rate of reimbursement is achieved

8   by that facility.

9   (B) For a facility that would receive a higher nursing

10  component rate per patient day under the payment

11  methodology in effect on July 1, 2003 than the facility

12  received effective on the date immediately preceding the

13  date that the Department implements the new payment

14  methodology, the nursing component rate per patient day

15  for the facility shall be adjusted.

16  (C) Notwithstanding paragraphs (A) and (B), the

17  nursing component rate per patient day for the facility

18  shall be adjusted subject to appropriations provided by

19  the General Assembly.

20  For facilities licensed by the Department of Public Health

21 under the Nursing Home Care Act as Intermediate Care for the

22 Developmentally Disabled facilities or Long Term Care for

23 Under Age 22 facilities, the rates taking effect on March 1,

24 2001 shall include a statewide increase of 7.85%, as defined

25 by the Department.

26  Notwithstanding any other provision of this Section, for
    SB3365 Enrolled    - 143 - LRB104 18483 SSS 31925 b

1 facilities licensed by the Department of Public Health under

2 the Nursing Home Care Act as skilled nursing facilities or

3 intermediate care facilities, except facilities participating

4 in the Department's demonstration program pursuant to the

5 provisions of Title 77, Part 300, Subpart T of the Illinois

6 Administrative Code, the numerator of the ratio used by the

7 Department of Healthcare and Family Services to compute the

8 rate payable under this Section using the Minimum Data Set

9 (MDS) methodology shall incorporate the following annual

10 amounts as the additional funds appropriated to the Department

11 specifically to pay for rates based on the MDS nursing

12 component methodology in excess of the funding in effect on

13 December 31, 2006:

14  (i) For rates taking effect January 1, 2007,

15  $60,000,000.

16  (ii) For rates taking effect January 1, 2008,

17  $110,000,000.

18  (iii) For rates taking effect January 1, 2009,

19  $194,000,000.

20  (iv) For rates taking effect April 1, 2011, or the

21  first day of the month that begins at least 45 days after

22  February 16, 2011 (the effective date of Public Act

23  96-1530), $416,500,000 or an amount as may be necessary to

24  complete the transition to the MDS methodology for the

25  nursing component of the rate. Increased payments under

26  this item (iv) are not due and payable, however, until (i)
    SB3365 Enrolled  - 144 - LRB104 18483 SSS 31925 b

1   the methodologies described in this paragraph are approved

2   by the federal government in an appropriate State Plan

3   amendment and (ii) the assessment imposed by Section 5B-2

4   of this Code is determined to be a permissible tax under

5   Title XIX of the Social Security Act.

6   Notwithstanding any other provision of this Section, for

7 facilities licensed by the Department of Public Health under

8 the Nursing Home Care Act as skilled nursing facilities or

9 intermediate care facilities, the support component of the

10 rates taking effect on January 1, 2008 shall be computed using

11 the most recent cost reports on file with the Department of

12 Healthcare and Family Services no later than April 1, 2005,

13 updated for inflation to January 1, 2006.

14  For facilities licensed by the Department of Public Health

15 under the Nursing Home Care Act as Intermediate Care for the

16 Developmentally Disabled facilities or Long Term Care for

17 Under Age 22 facilities, the rates taking effect on April 1,

18 2002 shall include a statewide increase of 2.0%, as defined by

19 the Department. This increase terminates on July 1, 2002;

20 beginning July 1, 2002 these rates are reduced to the level of

21 the rates in effect on March 31, 2002, as defined by the

22 Department.

23  For facilities licensed by the Department of Public Health

24 under the Nursing Home Care Act as skilled nursing facilities

25 or intermediate care facilities, the rates taking effect on

26 July 1, 2001 shall be computed using the most recent cost
    SB3365 Enrolled  - 145 - LRB104 18483 SSS 31925 b

1 reports on file with the Department of Public Aid no later than

2 April 1, 2000, updated for inflation to January 1, 2001. For

3 rates effective July 1, 2001 only, rates shall be the greater

4 of the rate computed for July 1, 2001 or the rate effective on

5 June 30, 2001.

6   Notwithstanding any other provision of this Section, for

7 facilities licensed by the Department of Public Health under

8 the Nursing Home Care Act as skilled nursing facilities or

9 intermediate care facilities, the Illinois Department shall

10 determine by rule the rates taking effect on July 1, 2002,

11 which shall be 5.9% less than the rates in effect on June 30,

12 2002.

13  Notwithstanding any other provision of this Section, for

14 facilities licensed by the Department of Public Health under

15 the Nursing Home Care Act as skilled nursing facilities or

16 intermediate care facilities, if the payment methodologies

17 required under Section 5A-12 and the waiver granted under 42

18 CFR 433.68 are approved by the United States Centers for

19 Medicare and Medicaid Services, the rates taking effect on

20 July 1, 2004 shall be 3.0% greater than the rates in effect on

21 June 30, 2004. These rates shall take effect only upon

22 approval and implementation of the payment methodologies

23 required under Section 5A-12.

24  Notwithstanding any other provisions of this Section, for

25 facilities licensed by the Department of Public Health under

26 the Nursing Home Care Act as skilled nursing facilities or
    SB3365 Enrolled   - 146 - LRB104 18483 SSS 31925 b

1 intermediate care facilities, the rates taking effect on

2 January 1, 2005 shall be 3% more than the rates in effect on

3 December 31, 2004.

4   Notwithstanding any other provision of this Section, for

5 facilities licensed by the Department of Public Health under

6 the Nursing Home Care Act as skilled nursing facilities or

7 intermediate care facilities, effective January 1, 2009, the

8 per diem support component of the rates effective on January

9 1, 2008, computed using the most recent cost reports on file

10 with the Department of Healthcare and Family Services no later

11 than April 1, 2005, updated for inflation to January 1, 2006,

12 shall be increased to the amount that would have been derived

13 using standard Department of Healthcare and Family Services

14 methods, procedures, and inflators.

15  Notwithstanding any other provisions of this Section, for

16 facilities licensed by the Department of Public Health under

17 the Nursing Home Care Act as intermediate care facilities that

18 are federally defined as Institutions for Mental Disease, or

19 facilities licensed by the Department of Public Health under

20 the Specialized Mental Health Rehabilitation Act of 2013, a

21 socio-development component rate equal to 6.6% of the

22 facility's nursing component rate as of January 1, 2006 shall

23 be established and paid effective July 1, 2006. The

24 socio-development component of the rate shall be increased by

25 a factor of 2.53 on the first day of the month that begins at

26 least 45 days after January 11, 2008 (the effective date of
    SB3365 Enrolled  - 147 - LRB104 18483 SSS 31925 b

1 Public Act 95-707). As of August 1, 2008, the

2 socio-development component rate shall be equal to 6.6% of the

3 facility's nursing component rate as of January 1, 2006,

4 multiplied by a factor of 3.53. For services provided on or

5 after April 1, 2011, or the first day of the month that begins

6 at least 45 days after February 16, 2011 (the effective date of

7 Public Act 96-1530), whichever is later, the Illinois

8 Department may by rule adjust these socio-development

9 component rates, and may use different adjustment

10 methodologies for those facilities participating, and those

11 not participating, in the Illinois Department's demonstration

12 program pursuant to the provisions of Title 77, Part 300,

13 Subpart T of the Illinois Administrative Code, but in no case

14 may such rates be diminished below those in effect on August 1,

15 2008.

16  For facilities licensed by the Department of Public Health

17 under the Nursing Home Care Act as Intermediate Care for the

18 Developmentally Disabled facilities or as long-term care

19 facilities for residents under 22 years of age, the rates

20 taking effect on July 1, 2003 shall include a statewide

21 increase of 4%, as defined by the Department.

22  For facilities licensed by the Department of Public Health

23 under the Nursing Home Care Act as Intermediate Care for the

24 Developmentally Disabled facilities or Long Term Care for

25 Under Age 22 facilities, the rates taking effect on the first

26 day of the month that begins at least 45 days after January 11,
    SB3365 Enrolled  - 148 - LRB104 18483 SSS 31925 b

1 2008 (the effective date of Public Act 95-707) shall include a

2 statewide increase of 2.5%, as defined by the Department.

3   Notwithstanding any other provision of this Section, for

4 facilities licensed by the Department of Public Health under

5 the Nursing Home Care Act as skilled nursing facilities or

6 intermediate care facilities, effective January 1, 2005,

7 facility rates shall be increased by the difference between

8 (i) a facility's per diem property, liability, and malpractice

9 insurance costs as reported in the cost report filed with the

10 Department of Public Aid and used to establish rates effective

11 July 1, 2001 and (ii) those same costs as reported in the

12 facility's 2002 cost report. These costs shall be passed

13 through to the facility without caps or limitations, except

14 for adjustments required under normal auditing procedures.

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 1,

19 1997. Such rates will be based upon the rates calculated for

20 the year beginning July 1, 1990, and for subsequent years

21 thereafter until June 30, 2001 shall be based on the facility

22 cost reports for the facility fiscal year ending at any point

23 in time during the previous calendar year, updated to the

24 midpoint of the rate year. The cost report shall be on file

25 with the Department no later than April 1 of the current rate

26 year. Should the cost report not be on file by April 1, the
    SB3365 Enrolled             - 149 - LRB104 18483 SSS 31925 b

1 Department shall base the rate on the latest cost report filed

2 by each skilled care facility and intermediate care facility,

3 updated to the midpoint of the current rate year. In

4 determining rates for services rendered on and after July 1,

5 1985, fixed time shall not be computed at less than zero. The

6 Department shall not make any alterations of regulations which

7 would reduce any component of the Medicaid rate to a level

8 below what that component would have been utilizing in the

9 rate effective on July 1, 1984.

10  (2) Shall take into account the actual costs incurred by

11 facilities in providing services for recipients of skilled

12 nursing and intermediate care services under the medical

13 assistance program.

14  (3) Shall take into account the medical and psycho-social

15 characteristics and needs of the patients.

16  (4) Shall take into account the actual costs incurred by

17 facilities in meeting licensing and certification standards

18 imposed and prescribed by the State of Illinois, any of its

19 political subdivisions or municipalities and by the U.S.

20 Department of Health and Human Services pursuant to Title XIX

21 of the Social Security Act.

22  The Department of Healthcare and Family Services shall

23 develop precise standards for payments to reimburse nursing

24 facilities for any utilization of appropriate rehabilitative

25 personnel for the provision of rehabilitative services which

26 is authorized by federal regulations, including reimbursement
    SB3365 Enrolled  - 150 - LRB104 18483 SSS 31925 b

1 for services provided by qualified therapists or qualified

2 assistants, and which is in accordance with accepted

3 professional practices. Reimbursement also may be made for

4 utilization of other supportive personnel under appropriate

5 supervision.

6   The Department shall develop enhanced payments to offset

7 the additional costs incurred by a facility serving

8 exceptional need residents and shall allocate at least

9 $4,000,000 of the funds collected from the assessment

10 established by Section 5B-2 of this Code for such payments.

11 For the purpose of this Section, "exceptional needs" means,

12 but need not be limited to, ventilator care and traumatic

13 brain injury care. The enhanced payments for exceptional need

14 residents under this paragraph are not due and payable,

15 however, until (i) the methodologies described in this

16 paragraph are approved by the federal government in an

17 appropriate State Plan amendment and (ii) the assessment

18 imposed by Section 5B-2 of this Code is determined to be a

19 permissible tax under Title XIX of the Social Security Act.

20  Beginning January 1, 2014 the methodologies for

21 reimbursement of nursing facility services as provided under

22 this Section 5-5.4 shall no longer be applicable for services

23 provided on or after January 1, 2014.

24  No payment increase under this Section for the MDS

25 methodology, exceptional care residents, or the

26 socio-development component rate established by Public Act
    SB3365 Enrolled    - 151 - LRB104 18483 SSS 31925 b

1 96-1530 of the 96th General Assembly and funded by the

2 assessment imposed under Section 5B-2 of this Code shall be

3 due and payable until after the Department notifies the

4 long-term care providers, in writing, that the payment

5 methodologies to long-term care providers required under this

6 Section have been approved by the Centers for Medicare and

7 Medicaid Services of the U.S. Department of Health and Human

8 Services and the waivers under 42 CFR 433.68 for the

9 assessment imposed by this Section, if necessary, have been

10 granted by the Centers for Medicare and Medicaid Services of

11 the U.S. Department of Health and Human Services. Upon

12 notification to the Department of approval of the payment

13 methodologies required under this Section and the waivers

14 granted under 42 CFR 433.68, all increased payments otherwise

15 due under this Section prior to the date of notification shall

16 be due and payable within 90 days of the date federal approval

17 is received.

18  On and after July 1, 2012, the Department shall reduce any

19 rate of reimbursement for services or other payments or alter

20 any methodologies authorized by this Code to reduce any rate

21 of reimbursement for services or other payments in accordance

22 with Section 5-5e.

23  For facilities licensed by the Department of Public Health

24 under the ID/DD Community Care Act as ID/DD Facilities and

25 under the MC/DD Act as MC/DD Facilities, subject to federal

26 approval, the rates taking effect for services delivered on or
    SB3365 Enrolled    - 152 - LRB104 18483 SSS 31925 b

1 after August 1, 2019 shall be increased by 3.5% over the rates

2 in effect on June 30, 2019. The Department shall adopt rules,

3 including emergency rules under subsection (ii) of Section

4 5-45 of the Illinois Administrative Procedure Act, to

5 implement the provisions of this Section, including wage

6 increases for direct care staff.

7   For facilities licensed by the Department of Public Health

8 under the ID/DD Community Care Act as ID/DD Facilities and

9 under the MC/DD Act as MC/DD Facilities, subject to federal

10 approval, the rates taking effect on the latter of the

11 approval date of the State Plan Amendment for these facilities

12 or the Waiver Amendment for the home and community-based

13 services settings shall include an increase sufficient to

14 provide a $0.26 per hour wage increase to the base wage for

15 non-executive staff. The Department shall adopt rules,

16 including emergency rules as authorized by Section 5-45 of the

17 Illinois Administrative Procedure Act, to implement the

18 provisions of this Section, including wage increases for

19 direct care staff.

20  For facilities licensed by the Department of Public Health

21 under the ID/DD Community Care Act as ID/DD Facilities and

22 under the MC/DD Act as MC/DD Facilities, subject to federal

23 approval of the State Plan Amendment and the Waiver Amendment

24 for the home and community-based services settings, the rates

25 taking effect for the services delivered on or after July 1,

26 2020 shall include an increase sufficient to provide a $1.00
    SB3365 Enrolled    - 153 - LRB104 18483 SSS 31925 b

1 per hour wage increase for non-executive staff. For services

2 delivered on or after January 1, 2021, subject to federal

3 approval of the State Plan Amendment and the Waiver Amendment

4 for the home and community-based services settings, shall

5 include an increase sufficient to provide a $0.50 per hour

6 increase for non-executive staff. The Department shall adopt

7 rules, including emergency rules as authorized by Section 5-45

8 of the Illinois Administrative Procedure Act, to implement the

9 provisions of this Section, including wage increases for

10 direct care staff.

11  For facilities licensed by the Department of Public Health

12 under the ID/DD Community Care Act as ID/DD Facilities and

13 under the MC/DD Act as MC/DD Facilities, subject to federal

14 approval of the State Plan Amendment, the rates taking effect

15 for the residential services delivered on or after July 1,

16 2021, shall include an increase sufficient to provide a $0.50

17 per hour increase for aides in the rate methodology. For

18 facilities licensed by the Department of Public Health under

19 the ID/DD Community Care Act as ID/DD Facilities and under the

20 MC/DD Act as MC/DD Facilities, subject to federal approval of

21 the State Plan Amendment, the rates taking effect for the

22 residential services delivered on or after January 1, 2022

23 shall include an increase sufficient to provide a $1.00 per

24 hour increase for aides in the rate methodology. In addition,

25 for residential services delivered on or after January 1, 2022

26 such rates shall include an increase sufficient to provide
   SB3365 Enrolled  - 154 - LRB104 18483 SSS 31925 b

1 wages for all residential non-executive direct care staff,

2 excluding aides, at the federal Department of Labor, Bureau of

3 Labor Statistics' average wage as defined in rule by the

4 Department. The Department shall adopt rules, including

5 emergency rules as authorized by Section 5-45 of the Illinois

6 Administrative Procedure Act, to implement the provisions of

7 this Section.

8  For facilities licensed by the Department of Public Health

9 under the ID/DD Community Care Act as ID/DD facilities and

10 under the MC/DD Act as MC/DD facilities, subject to federal

11 approval of the State Plan Amendment, the rates taking effect

12 for services delivered on or after January 1, 2023, shall

13 include a $1.00 per hour wage increase for all direct support

14 personnel and all other frontline personnel who are not

15 subject to the Bureau of Labor Statistics' average wage

16 increases, who work in residential and community day services

17 settings, with at least $0.50 of those funds to be provided as

18 a direct increase to all aide base wages, with the remaining

19 $0.50 to be used flexibly for base wage increases to the rate

20 methodology for aides. In addition, for residential services

21 delivered on or after January 1, 2023 the rates shall include

22 an increase sufficient to provide wages for all residential

23 non-executive direct care staff, excluding aides, at the

24 federal Department of Labor, Bureau of Labor Statistics'

25 average wage as determined by the Department. Also, for

26 services delivered on or after January 1, 2023, the rates will
   SB3365 Enrolled             - 155 - LRB104 18483 SSS 31925 b

1 include adjustments to employment-related expenses as defined

2 in rule by the Department. The Department shall adopt rules,

3 including emergency rules as authorized by Section 5-45 of the

4 Illinois Administrative Procedure Act, to implement the

5 provisions of this Section.

6  For facilities licensed by the Department of Public Health

7 under the ID/DD Community Care Act as ID/DD facilities and

8 under the MC/DD Act as MC/DD facilities, subject to federal

9 approval of the State Plan Amendment, the rates taking effect

10 for services delivered on or after January 1, 2024 shall

11 include a $2.50 per hour wage increase for all direct support

12 personnel and all other frontline personnel who are not

13 subject to the Bureau of Labor Statistics' average wage

14 increases and who work in residential and community day

15 services settings. At least $1.25 of the per hour wage

16 increase shall be provided as a direct increase to all aide

17 base wages, and the remaining $1.25 of the per hour wage

18 increase shall be used flexibly for base wage increases to the

19 rate methodology for aides. In addition, for residential

20 services delivered on or after January 1, 2024, the rates

21 shall include an increase sufficient to provide wages for all

22 residential non-executive direct care staff, excluding aides,

23 at the federal Department of Labor, Bureau of Labor

24 Statistics' average wage as determined by the Department.

25 Also, for services delivered on or after January 1, 2024, the

26 rates will include adjustments to employment-related expenses
   SB3365 Enrolled  - 156 - LRB104 18483 SSS 31925 b

1 as defined in rule by the Department. The Department shall

2 adopt rules, including emergency rules as authorized by

3 Section 5-45 of the Illinois Administrative Procedure Act, to

4 implement the provisions of this Section.

5  For facilities licensed by the Department of Public Health

6 under the ID/DD Community Care Act as ID/DD facilities and

7 under the MC/DD Act as MC/DD facilities, subject to federal

8 approval of a State Plan Amendment, the rates taking effect

9 for services delivered on or after January 1, 2025 shall

10 include a $1.00 per hour wage increase for all direct support

11 personnel and all other frontline personnel who are not

12 subject to the Bureau of Labor Statistics' average wage

13 increases and who work in residential and community day

14 services settings, with at least $0.75 of those funds to be

15 provided as a direct increase to all aide base wages and the

16 remaining $0.25 to be used flexibly for base wage increases to

17 the rate methodology for aides. These increases shall not be

18 used by facilities for operational and administrative

19 expenses. In addition, for residential services delivered on

20 or after January 1, 2025, the rates shall include an increase

21 sufficient to provide wages for all residential non-executive

22 direct care staff, excluding aides, at the federal Department

23 of Labor, Bureau of Labor Statistics' average wage as

24 determined by the Department. Also, for services delivered on

25 or after January 1, 2025, the rates will include adjustments

26 to employment-related expenses as defined in rule by the
   SB3365 Enrolled  - 157 - LRB104 18483 SSS 31925 b

1 Department. The Department shall adopt rules, including

2 emergency rules as authorized by Section 5-45 of the Illinois

3 Administrative Procedure Act, to implement the provisions of

4 this Section.

5  For facilities licensed by the Department of Public Health

6 under the ID/DD Community Care Act as ID/DD facilities and

7 under the MC/DD Act as MC/DD facilities, subject to federal

8 approval of a State Plan Amendment, the rates taking effect

9 for services delivered on or after January 1, 2026 shall

10 include a $0.80 per hour wage increase for all direct support

11 personnel and all other frontline personnel who are not

12 subject to the Bureau of Labor Statistics' average wage

13 increases and who work in residential and community day

14 services settings, with at least $0.60 of those funds to be

15 provided as a direct increase to all aide base wages and the

16 remaining $0.20 to be used flexibly for base wage increases to

17 the rate methodology for aides. These increases shall not be

18 used by facilities for operational and administrative

19 expenses. In addition, for residential services delivered on

20 or after January 1, 2026, the rates shall include an increase

21 sufficient to provide wages for all residential non-executive

22 direct care staff, excluding aides, at the federal Department

23 of Labor, Bureau of Labor Statistics' average wage as

24 determined by the Department. Also, for services delivered on

25 or after January 1, 2026, the rates will include adjustments

26 to employment-related expenses as defined in rule by the
    SB3365 Enrolled           - 158 - LRB104 18483 SSS 31925 b

1 Department. The Department shall adopt rules, including

2 emergency rules as authorized by Section 5-45 of the Illinois

3 Administrative Procedure Act, to implement the provisions of

4 this Section.

5   Notwithstanding any other provision of this Section to the

6 contrary, any regional wage adjuster for facilities located

7 outside of the counties of Cook, DuPage, Kane, Lake, McHenry,

8 and Will shall be no lower than 1.00, and any regional wage

9 adjuster for facilities located within the counties of Cook,

10 DuPage, Kane, Lake, McHenry, and Will shall be no lower than

11 1.15.

12  (5) For dates of service starting July 1, 2027,

13 reimbursement calculations and direct payments for services

14 provided by facilities licensed under the ID/DD Community Care

15 Act are the responsibility of the Department of Healthcare and

16 Family Services. Appropriations for facilities licensed under

17 the ID/DD Community Care Act must be shifted from the

18 Department of Human Services to the Department of Healthcare

19 and Family Services. Nothing in this Section shall prohibit

20 the Department of Healthcare and Family Services from paying

21 more than the rates specified in this Section. Nothing in this

22 Section shall affect the requirements of Section 3-213 of the

23 ID/DD Community Care Act.

24 (Source: P.A. 103-8, eff. 6-7-23; 103-588, eff. 7-1-24; 104-2,

25 eff. 6-16-25.)
         SB3365 Enrolled     - 159 - LRB104 18483 SSS 31925 b
1                         ARTICLE 40.

2   Section 40-5. The Illinois Public Aid Code is amended by

3 changing Section 5-5e.1 as follows:

4   (305 ILCS 5/5-5e.1)

5   Sec. 5-5e.1. Safety-Net Hospitals.

6   (a) A Safety-Net Hospital is an Illinois hospital that:

7   (1) is licensed by the Department of Public Health as

8   a general acute care or pediatric hospital; and

9   (2) is a disproportionate share hospital, as described

10  in Section 1923 of the federal Social Security Act, as

11  determined by the Department; and

12  (3) meets one of the following:

13  (A) has a MIUR of at least 40% and a charity

14  percent of at least 4%; or

15  (B) has a MIUR of at least 50%.

16  (b) Definitions. As used in this Section:

17  (1) "Charity percent" means the ratio of (i) the

18  hospital's charity charges for services provided to

19  individuals without health insurance or another source of

20  third party coverage to (ii) the Illinois total hospital

21  charges, each as reported on the hospital's OBRA form.

22  (2) "MIUR" means Medicaid Inpatient Utilization Rate

23  and is defined as a fraction, the numerator of which is the

24  number of a hospital's inpatient days provided in the
    SB3365 Enrolled              - 160 - LRB104 18483 SSS 31925 b

1   hospital's fiscal year ending 3 years prior to the rate

2   year, to patients who, for such days, were eligible for

3   Medicaid under Title XIX of the federal Social Security

4   Act, 42 USC 1396a et seq., excluding those persons

5   eligible for medical assistance pursuant to 42 U.S.C.

6   1396a(a)(10)(A)(i)(VIII) as set forth in paragraph 18 of

7   Section 5-2 of this Article, and the denominator of which

8   is the total number of the hospital's inpatient days in

9   that same period, excluding those persons eligible for

10  medical          assistance  pursuant  to  42  U.S.C.

11  1396a(a)(10)(A)(i)(VIII) as set forth in paragraph 18 of

12  Section 5-2 of this Article.

13  (3) "OBRA form" means form HFS-3834, OBRA '93 data

14  collection form, for the rate year.

15  (4) "Rate year" means the 12-month period beginning on

16  October 1.

17  (c) Beginning July 1, 2012 and ending on December 31, 2028

18 2026, a hospital that would have qualified for the rate year

19 beginning October 1, 2011 or October 1, 2012 shall be a

20 Safety-Net Hospital.

21  (c-5) Beginning July 1, 2020 and ending on December 31,

22 2026, a hospital that would have qualified for the rate year

23 beginning October 1, 2020 and was designated a federal rural

24 referral center under 42 CFR 412.96 as of October 1, 2020 shall

25 be a Safety-Net Hospital.

26  (d) No later than August 15 preceding the rate year, each
    SB3365 Enrolled         - 161 - LRB104 18483 SSS 31925 b

1 hospital shall submit the OBRA form to the Department. Prior

2 to October 1, the Department shall notify each hospital

3 whether it has qualified as a Safety-Net Hospital.

4   (e) The Department may promulgate rules in order to

5 implement this Section.

6   (f) Nothing in this Section shall be construed as limiting

7 the ability of the Department to include the Safety-Net

8 Hospitals in the hospital rate reform mandated by Section

9 14-11 of this Code and implemented under Section 14-12 of this

10 Code and by administrative rulemaking.

11 (Source: P.A. 101-650, eff. 7-7-20; 101-669, eff. 4-2-21;

12 102-886, eff. 5-17-22.)

13                          ARTICLE 45.

14  Section 45-5. The Hospital Licensing Act is amended by

15 changing Section 6.09 as follows:

16  (210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09)

17  Sec. 6.09. (a) In order to facilitate the orderly

18 transition of aged patients and patients with disabilities

19 from hospitals to post-hospital care, whenever a patient who

20 qualifies for the federal Medicare program is hospitalized,

21 the patient shall be notified of discharge at least 24 hours

22 prior to discharge from the hospital. With regard to pending

23 discharges to a skilled nursing facility, the hospital must
SB3365 Enrolled  - 162 - LRB104 18483 SSS 31925 b

 1 notify the case coordination unit, as defined in 89 Ill. Adm.
 2 Code 240.260, at least 24 hours prior to discharge. When the
 3 assessment is completed in the hospital, the case coordination
 4 unit shall provide a copy of the required assessment
 5 documentation directly to the nursing home to which the
 6 patient is being discharged prior to discharge. The Department
 7 on Aging shall provide notice of this requirement to case
 8 coordination units. When a case coordination unit is unable to
 9 complete an assessment in a hospital prior to the discharge of
10 a patient, 60 years of age or older, to a nursing home, the
11 case coordination unit shall notify the Department on Aging
12 which shall notify the Department of Healthcare and Family
13 Services. The Department on Aging shall adopt rules to address
14 these instances to ensure that the patient is able to access
15 nursing home care, the nursing home is not penalized for
16 accepting the admission, and the patient's timely discharge
17 from the hospital is not delayed, to the extent permitted
18 under federal law or regulation. Nothing in this subsection
19 shall preclude federal requirements for a pre-admission
20 screening/mental health (PAS/MH) as required under Section
21 2-201.5 of the Nursing Home Care Act or State or federal law or
22 regulation. If home health services are ordered, the hospital
23 must inform its designated case coordination unit, as defined
24 in 89 Ill. Adm. Code 240.260, of the pending discharge and must
25 provide the patient with the case coordination unit's
26 telephone number and other contact information.
   SB3365 Enrolled  - 163 - LRB104 18483 SSS 31925 b

1  (b) Every hospital shall develop procedures for a

2 physician with medical staff privileges at the hospital or any

3 appropriate medical staff member to provide the discharge

4 notice prescribed in subsection (a) of this Section. The

5 procedures must include prohibitions against discharging or

6 referring a patient to any of the following if unlicensed,

7 uncertified, or unregistered: (i) a board and care facility,

8 as defined in the Board and Care Home Act; (ii) an assisted

9 living and shared housing establishment, as defined in the

10 Assisted Living and Shared Housing Act; (iii) a facility

11 licensed under the Nursing Home Care Act, the Specialized

12 Mental Health Rehabilitation Act of 2013, the ID/DD Community

13 Care Act, or the MC/DD Act; (iv) a supportive living facility,

14 as defined in Section 5-5.01a of the Illinois Public Aid Code;

15 or (v) a free-standing hospice facility licensed under the

16 Hospice Program Licensing Act if licensure, certification, or

17 registration is required. The Department of Public Health

18 shall annually provide hospitals with a list of licensed,

19 certified, or registered board and care facilities, assisted

20 living and shared housing establishments, nursing homes,

21 supportive living facilities, facilities licensed under the

22 ID/DD Community Care Act, the MC/DD Act, or the Specialized

23 Mental Health Rehabilitation Act of 2013, and hospice

24 facilities. Reliance upon this list by a hospital shall

25 satisfy compliance with this requirement. The procedure may

26 also include a waiver for any case in which a discharge notice
    SB3365 Enrolled       - 164 - LRB104 18483 SSS 31925 b

1 is not feasible due to a short length of stay in the hospital

2 by the patient, or for any case in which the patient

3 voluntarily desires to leave the hospital before the

4 expiration of the 24 hour period.

5   (c) At least 24 hours prior to discharge from the

6 hospital, the patient shall receive written information on the

7 patient's right to appeal the discharge pursuant to the

8 federal Medicare program, including the steps to follow to

9 appeal the discharge and the appropriate telephone number to

10 call in case the patient intends to appeal the discharge.

11  (d) Before transfer of a patient to a long term care

12 facility licensed under the Nursing Home Care Act where

13 elderly persons reside, a hospital shall as soon as

14 practicable initiate a name-based criminal history background

15 check by electronic submission to the Illinois State Police

16 for all persons between the ages of 18 and 70 years; provided,

17 however, that a hospital shall be required to initiate such a

18 background check only with respect to patients who:

19  (1) are transferring to a long term care facility for

20  the first time;

21  (2) have been in the hospital more than 5 days;

22  (3) are reasonably expected to remain at the long term

23  care facility for more than 30 days;

24  (4) have a known history of serious mental illness or

25  substance abuse; and

26  (5) are independently ambulatory or mobile for more
    SB3365 Enrolled      - 165 - LRB104 18483 SSS 31925 b

1   than a temporary period of time.

2   A hospital may also request a criminal history background

3 check for a patient who does not meet any of the criteria set

4 forth in items (1) through (5).

5   A hospital shall notify a long term care facility if the

6 hospital has initiated a criminal history background check on

7 a patient being discharged to that facility. In all

8 circumstances in which the hospital is required by this

9 subsection to initiate the criminal history background check,

10 the transfer to the long term care facility may proceed

11 regardless of the availability of criminal history results.

12 Upon receipt of the results, the hospital shall promptly

13 forward the results to the appropriate long term care

14 facility. If the results of the background check are

15 inconclusive, the hospital shall have no additional duty or

16 obligation to seek additional information from, or about, the

17 patient.

18 (Source: P.A. 102-538, eff. 8-20-21; 103-102, eff. 1-1-24.)

19                       ARTICLE 50.

20  Section 50-5. The Illinois Public Aid Code is amended by

21 changing Section 5-5.24 as follows:

22  (305 ILCS 5/5-5.24)

23  Sec. 5-5.24. Prenatal and perinatal care.
   SB3365 Enrolled  - 166 - LRB104 18483 SSS 31925 b

1  (a) The Department of Healthcare and Family Services may

2 provide reimbursement under this Article for all prenatal and

3 perinatal health care services that are provided for the

4 purpose of preventing low-birthweight infants, reducing the

5 need for neonatal intensive care hospital services, and

6 promoting perinatal and maternal health. These services may

7 include comprehensive risk assessments for pregnant

8 individuals, individuals with infants, and infants, lactation

9 counseling, nutrition counseling, childbirth support,

10 psychosocial counseling, treatment and prevention of

11 periodontal disease, language translation, nurse home

12 visitation, and other support services that have been proven

13 to improve birth and maternal health outcomes. The Department

14 shall maximize the use of preventive prenatal and perinatal

15 health care services consistent with federal statutes, rules,

16 and regulations. The Department of Public Aid (now Department

17 of Healthcare and Family Services) shall develop a plan for

18 prenatal and perinatal preventive health care and shall

19 present the plan to the General Assembly by January 1, 2004. On

20 or before January 1, 2006 and every 2 years thereafter, the

21 Department shall report to the General Assembly concerning the

22 effectiveness of prenatal and perinatal health care services

23 reimbursed under this Section in preventing low-birthweight

24 infants and reducing the need for neonatal intensive care

25 hospital services. Each such report shall include an

26 evaluation of how the ratio of expenditures for treating
    SB3365 Enrolled   - 167 - LRB104 18483 SSS 31925 b

1 low-birthweight infants compared with the investment in

2 promoting healthy births and infants in local community areas

3 throughout Illinois relates to healthy infant development in

4 those areas.

5   On and after July 1, 2012, the Department shall reduce any

6 rate of reimbursement for services or other payments or alter

7 any methodologies authorized by this Code to reduce any rate

8 of reimbursement for services or other payments in accordance

9 with Section 5-5e.

10  (b)(1) As used in this subsection:

11  "Affiliated provider" means a provider who is enrolled in

12 the medical assistance program and has an active contract with

13 a managed care organization.

14  "Non-affiliated provider" means a provider who is enrolled

15 in the medical assistance program but does not have a contract

16 with an MCO.

17  "Preventive prenatal and perinatal health care services"

18 means services described in subsection (a) including the

19 following non-emergent diagnostic and ancillary services:

20  (i) Diagnostic labs and imaging, including level II

21  ultrasounds.

22  (ii) RhoGAM injections.

23  (iii)             Injectable  17-alpha-hydroxyprogesterone

24  caproate (commonly called 17P).

25  (iv) Intrapartum (labor and delivery) services.

26  (v) Any other outpatient or inpatient service relating
    SB3365 Enrolled      - 168 - LRB104 18483 SSS 31925 b

1   to pregnancy or the 12 months following childbirth or

2   fetal loss.

3   (2) In order to maximize the accessibility of preventive

4 prenatal and perinatal health care services, the Department of

5 Healthcare and Family Services shall amend its managed care

6 contracts such that an MCO must pay for preventive prenatal

7 services, perinatal healthcare services, and postpartum

8 services rendered by a non-affiliated provider, for which the

9 health plan would pay if rendered by an affiliated provider,

10 at the rate paid under the Illinois Medicaid fee-for-service

11 program methodology for such services, including all policy

12 adjusters, including, but not limited to, Medicaid High Volume

13 Adjustments, Medicaid Percentage Adjustments, Outpatient High

14 Volume Adjustments, and all outlier add-on adjustments to the

15 extent such adjustments are incorporated in the development of

16 the applicable MCO capitated rates, unless a different rate

17 was agreed upon by the health plan and the non-affiliated

18 provider.

19  (3) In cases where a managed care organization must pay

20 for preventive prenatal services, perinatal healthcare

21 services, and postpartum services rendered by a non-affiliated

22 provider, the requirements under paragraph (2) shall not apply

23 if the services were not emergency services, as defined in

24 Section 5-30.1, and:

25  (A) the non-affiliated provider is a perinatal

26  hospital and has, within the 12 months preceding the date
    SB3365 Enrolled          - 169 - LRB104 18483 SSS 31925 b

1   of service, rejected a contract that was offered in good

2   faith by the health plan as determined by the Department;

3   or

4       (B) the health plan has terminated a contract with the

5   non-affiliated provider for cause, and the Department has

6   not deemed the termination to have been without merit. The

7   Department may deem that a determination for cause has

8   merit if:

9           (i) an institutional provider has repeatedly

10      failed to conduct discharge planning; or

11          (ii) the provider's conduct adversely and

12      substantially impacts the health of Medicaid patients;

13      or

14          (iii) the provider's conduct constitutes fraud,

15      waste, or abuse; or

16          (iv) the provider's conduct violates the code of

17      ethics governing his or her profession.

18  (4) For dates of service on and after January 1, 2026, the

19 medical assistance program shall provide coverage, without

20 imposing a deductible, coinsurance, copayment, or any other

21 cost-sharing requirement, for preeclampsia biomarker testing

22 for predictive screening in asymptomatic individuals, or for

23 diagnosis and management when symptoms are present.

24 (Source: P.A. 102-665, eff. 10-8-21; 102-964, eff. 1-1-23.)

25                   ARTICLE 55.
    SB3365 Enrolled      - 170 - LRB104 18483 SSS 31925 b

1   Section 55-5. The Specialized Mental Health Rehabilitation

2 Act of 2013 is amended by changing Sections 2-101 and 3-104 as

3 follows:

4   (210 ILCS 49/2-101)

5   Sec. 2-101. Standards for facilities.

6   (a) The Department shall, by rule, prescribe minimum

7 standards for each level of care for facilities to be in place

8 during the provisional licensure period and thereafter. These

9 standards shall include, but are not limited to, the

10 following:

11  (1) life safety standards that will ensure the health,

12  safety and welfare of residents and their protection from

13  hazards;

14  (2) number and qualifications of all personnel,

15  including management and clinical personnel, having

16  responsibility for any part of the care given to

17  consumers; specifically, the Department shall establish

18  staffing ratios for facilities which shall specify the

19  number of staff hours per consumer of care that are needed

20  for each level of care offered within the facility;

21  (3) all sanitary conditions within the facility and

22  its surroundings, including water supply, sewage disposal,

23  food handling, and general hygiene which shall ensure the

24  health and comfort of consumers;
    SB3365 Enrolled       - 171 - LRB104 18483 SSS 31925 b

1   (4) a program for adequate maintenance of physical

2   plant and equipment;

3   (5) adequate accommodations, staff, and services for

4   the number and types of services being offered to

5   consumers for whom the facility is licensed to care;

6   (6) development of evacuation and other appropriate

7   safety plans for use during weather, health, fire,

8   physical plant, environmental, and national defense

9   emergencies;

10  (7) maintenance of minimum financial or other

11  resources necessary to meet the standards established

12  under this Section, and to operate and conduct the

13  facility in accordance with this Act;

14  (8) standards for coercive free environment,

15  restraint, and therapeutic separation; and

16  (9) each multiple bedroom shall have at least 55

17  square feet of net floor area per consumer, not including

18  space for closets, bathrooms, and clearly defined entryway

19  areas. A minimum of 3 feet of clearance at the foot and one

20  side of each bed shall be provided.

21  (b) Any requirement contained in administrative rule

22 concerning a percentage of single occupancy rooms shall be

23 calculated based on the total number of licensed or

24 provisionally licensed beds under this Act on January 1, 2019

25 and shall not be calculated on a per-facility basis.

26  (c) A facility licensed under this Act shall not accept
    SB3365 Enrolled      - 172 - LRB104 18483 SSS 31925 b

1 any person experiencing an acute medical condition liable to
2 cause death, severe injury, or serious illness.
3 (Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21.)

4   (210 ILCS 49/3-104)

5   Sec. 3-104. Care, treatment, and records. Facilities shall

6 provide, at a minimum, the following services: physician,

7 nursing, pharmaceutical, rehabilitative, and dietary services.

8 To provide these services, the facility shall adhere to the

9 following:

10  (1) Each consumer shall be encouraged and assisted to

11  achieve and maintain the highest level of self-care and

12  independence. Every effort shall be made to keep consumers

13  active and out of bed for reasonable periods of time,

14  except when contraindicated by physician orders.

15  (2) Every consumer shall be engaged in a

16  person-centered planning process regarding his or her

17  total care and treatment.

18  (3) All medical treatment and procedures shall be

19  administered as ordered by a physician. All new physician

20  orders shall be reviewed by the facility's director of

21  nursing or charge nurse designee within 24 hours after

22  such orders have been issued to ensure facility compliance

23  with such orders. According to rules adopted by the

24  Department, every woman consumer of child bearing age

25  shall receive routine obstetrical and gynecological
    SB3365 Enrolled  - 173 - LRB104 18483 SSS 31925 b

1   evaluations as well as necessary prenatal care.

2   (4) Each consumer shall be provided with good

3   nutrition and with necessary fluids for hydration.

4   (5) Each consumer shall be provided visual privacy

5   during treatment and personal care.

6   (6) Every consumer or consumer's guardian shall be

7   permitted to inspect and copy all his or her clinical and

8   other records concerning his or her care kept by the

9   facility or by his or her physician. The facility may

10  charge a reasonable fee for duplication of a record.

11  (7) Each consumer shall be offered at least 15 hours

12  of treatment programming per week and shall be encouraged

13  to attend the treatment domains that meet the consumer's

14  needs, as reflected in the consumer's treatment plans.

15  Each consumer's program engagement and attendance shall be

16  documented in the consumer's clinical record, and each

17  consumer shall be prompted to attend programming regularly

18  as documented in the consumer's clinical record at least

19  quarterly.

20 (Source: P.A. 98-104, eff. 7-22-13.)

21                   ARTICLE 60.

22  Section 60-5. The Illinois Public Aid Code is amended by

23 adding Section 5-5.25a as follows:
    SB3365 Enrolled       - 174 - LRB104 18483 SSS 31925 b

1   (305 ILCS 5/5-5.25a new)

2   Sec. 5-5.25a. Coverage for seizure detection devices.

3   (a) As used in this Section, "seizure detection device"

4 means a monitoring device cleared by the United States Food

5 and Drug Administration, and any related technology,

6 application, service, or subscription supporting the

7 prescribed use of the device, that provides the following:

8   (1) individual monitoring and alert services relating

9   to seizure activity;

10  (2) detection or prediction of seizure activity and

11  transmission of notification of the seizure activity to

12  the individual or a caregiver for appropriate medical

13  response; or

14  (3) collection of data of the seizure activity of the

15  individual that can be used by a health care provider to

16  diagnose or appropriately treat a health care condition

17  that causes the seizure activity.

18  (b) All seizure detection devices covered under this

19 Section shall be approved for use by individuals, provided

20 that the device has been prescribed and determined to be

21 medically necessary. The choice of device shall be made based

22 upon the individual's circumstances and medical needs in

23 consultation with the individual's medical provider.

24  (c) Any individual who has been prescribed a seizure

25 detection device shall not be required to obtain prior

26 authorization for coverage for a seizure detection device, and
    SB3365 Enrolled      - 175 - LRB104 18483 SSS 31925 b

1 coverage shall be continuous once the seizure detection device

2 is prescribed.

3   (d) Notwithstanding any other provision of this Section,

4 commencing July 1, 2027, all seizure detection devices cleared

5 by the United States Food and Drug Administration shall be

6 covered under the medical assistance program for persons who

7 have been prescribed a seizure detection device and who are

8 otherwise eligible for assistance under this Article.

9   (e) The Department shall not adopt rules or classification

10 policies that would limit the ability of individuals covered

11 by this Section to obtain seizure detection devices.

12                       ARTICLE 65.

13  Section 65-5. The Community-Integrated Living Arrangements

14 Licensure and Certification Act is amended by changing Section

15 13.3 as follows:

16  (210 ILCS 135/13.3)

17  Sec. 13.3. Community-integrated living arrangement per

18 diem reimbursement. As used in this Section, "medical absence"

19 means a situation in which a resident is temporarily absent

20 from a community-integrated living arrangement to receive

21 medical treatment or for other reasons that have been

22 recommended by third-party medical personnel, including, but

23 not limited to, hospitalizations, placements in short-term
   SB3365 Enrolled  - 176 - LRB104 18483 SSS 31925 b

1 stabilization homes or State-operated facilities, stays in

2 nursing facilities, rehabilitation in long-term care

3 facilities, or other absences for legitimate medical reasons.

4  Beginning January 1, 2025, the Department's Division of

5 Developmental Disabilities shall provide 100% of the per diem

6 reimbursement to a 24-hour community-integrated living

7 arrangement provider for up to 20 days for any resident

8 requiring a medical absence. During the medical absence, the

9 provider shall hold the bed for the resident. After the

10 medical absence, the resident shall return to the

11 community-integrated living arrangement when the resident is

12 medically able to return in order for the provider to receive

13 the full per diem reimbursement for the absent days. However,

14 if it is determined by a treating physician that the resident

15 is unable to return to the community-integrated living

16 arrangement, or if the resident dies during the medical

17 absence, the provider shall receive 100% of the per diem

18 reimbursement for up to 20 medical absence days. The per diem

19 reimbursement shall be in addition to the existing occupancy

20 factor policy set by the Division of Developmental

21 Disabilities. Any Department policy or rulemaking issued to

22 implement this Section shall provide that for medical absences

23 a resident's termination date is the date the resident either

24 passes away or the date it is determined by a treating

25 physician that the resident is unable to return to the

26 community-integrated living arrangement.
    SB3365 Enrolled  - 177 - LRB104 18483 SSS 31925 b

1 (Source: P.A. 103-593, eff. 6-7-24.)

2                    ARTICLE 75.

3   Section 75-5. The Illinois Public Aid Code is amended by

4 changing Section 5-5.02 as follows:

5   (305 ILCS 5/5-5.02) (from Ch. 23, par. 5-5.02)

6   Sec. 5-5.02. Hospital reimbursements.

7   (a) Reimbursement to hospitals; July 1, 1992 through

8 September 30, 1992. Notwithstanding any other provisions of

9 this Code or the Illinois Department's Rules promulgated under

10 the Illinois Administrative Procedure Act, reimbursement to

11 hospitals for services provided during the period July 1, 1992

12 through September 30, 1992, shall be as follows:

13  (1) For inpatient hospital services rendered, or if

14  applicable, for inpatient hospital discharges occurring,

15  on or after July 1, 1992 and on or before September 30,

16  1992, the Illinois Department shall reimburse hospitals

17  for inpatient services under the reimbursement

18  methodologies in effect for each hospital, and at the

19  inpatient payment rate calculated for each hospital, as of

20  June 30, 1992. For purposes of this paragraph,

21  "reimbursement methodologies" means all reimbursement

22  methodologies that pertain to the provision of inpatient

23  hospital services, including, but not limited to, any
    SB3365 Enrolled   - 178 - LRB104 18483 SSS 31925 b

1   adjustments for disproportionate share, targeted access,

2   critical care access and uncompensated care, as defined by

3   the Illinois Department on June 30, 1992.

4   (2) For the purpose of calculating the inpatient

5   payment rate for each hospital eligible to receive

6   quarterly adjustment payments for targeted access and

7   critical care, as defined by the Illinois Department on

8   June 30, 1992, the adjustment payment for the period July

9   1, 1992 through September 30, 1992, shall be 25% of the

10  annual adjustment payments calculated for each eligible

11  hospital, as of June 30, 1992. The Illinois Department

12  shall determine by rule the adjustment payments for

13  targeted access and critical care beginning October 1,

14  1992.

15  (3) For the purpose of calculating the inpatient

16  payment rate for each hospital eligible to receive

17  quarterly adjustment payments for uncompensated care, as

18  defined by the Illinois Department on June 30, 1992, the

19  adjustment payment for the period August 1, 1992 through

20  September 30, 1992, shall be one-sixth of the total

21  uncompensated care adjustment payments calculated for each

22  eligible hospital for the uncompensated care rate year, as

23  defined by the Illinois Department, ending on July 31,

24  1992. The Illinois Department shall determine by rule the

25  adjustment payments for uncompensated care beginning

26  October 1, 1992.
    SB3365 Enrolled         - 179 - LRB104 18483 SSS 31925 b

1   (b) Inpatient payments. For inpatient services provided on

2 or after October 1, 1993, in addition to rates paid for

3 hospital inpatient services pursuant to the Illinois Health

4 Finance Reform Act, as now or hereafter amended, or the

5 Illinois Department's prospective reimbursement methodology,

6 or any other methodology used by the Illinois Department for

7 inpatient services, the Illinois Department shall make

8 adjustment payments, in an amount calculated pursuant to the

9 methodology described in paragraph (c) of this Section, to

10 hospitals that the Illinois Department determines satisfy any

11 one of the following requirements:

12  (1) Hospitals that are described in Section 1923 of

13  the federal Social Security Act, as now or hereafter

14  amended, except that for rate year 2015 and after a

15  hospital described in Section 1923(b)(1)(B) of the federal

16  Social Security Act and qualified for the payments

17  described in subsection (c) of this Section for rate year

18  2014 provided the hospital continues to meet the

19  description in Section 1923(b)(1)(B) in the current

20  determination year; or

21  (2) Illinois hospitals that have a Medicaid inpatient

22  utilization rate which is at least one-half a standard

23  deviation above the mean Medicaid inpatient utilization

24  rate for all hospitals in Illinois receiving Medicaid

25  payments from the Illinois Department; or

26  (3) Illinois hospitals that on July 1, 1991 had a
    SB3365 Enrolled  - 180 - LRB104 18483 SSS 31925 b

1   Medicaid inpatient utilization rate, as defined in

2   paragraph (h) of this Section, that was at least the mean

3   Medicaid inpatient utilization rate for all hospitals in

4   Illinois receiving Medicaid payments from the Illinois

5   Department and which were located in a planning area with

6   one-third or fewer excess beds as determined by the Health

7   Facilities and Services Review Board, and that, as of June

8   30, 1992, were located in a federally designated Health

9   Manpower Shortage Area; or

10  (4) Illinois hospitals that:

11  (A) have a Medicaid inpatient utilization rate

12  that is at least equal to the mean Medicaid inpatient

13  utilization rate for all hospitals in Illinois

14  receiving Medicaid payments from the Department; and

15  (B) also have a Medicaid obstetrical inpatient

16  utilization rate that is at least one standard

17  deviation above the mean Medicaid obstetrical

18  inpatient utilization rate for all hospitals in

19  Illinois receiving Medicaid payments from the

20  Department for obstetrical services; or

21  (5) Any children's hospital, which means a hospital

22  devoted exclusively to caring for children. A hospital

23  which includes a facility devoted exclusively to caring

24  for children shall be considered a children's hospital to

25  the degree that the hospital's Medicaid care is provided

26  to children if either (i) the facility devoted exclusively
    SB3365 Enrolled  - 181 - LRB104 18483 SSS 31925 b

1   to caring for children is separately licensed as a

2   hospital by a municipality prior to February 28, 2013;

3   (ii) the hospital has been designated by the State as a

4   Level III perinatal care facility, has a Medicaid

5   Inpatient Utilization rate greater than 55% for the rate

6   year 2003 disproportionate share determination, and has

7   more than 10,000 qualified children days as defined by the

8   Department in rulemaking; (iii) the hospital has been

9   designated as a Perinatal Level III center by the State as

10  of December 1, 2017, is a Pediatric Critical Care Center

11  designated by the State as of December 1, 2017 and has a

12  2017 Medicaid inpatient utilization rate equal to or

13  greater than 45%; or (iv) the hospital has been designated

14  as a Perinatal Level II center by the State as of December

15  1, 2017, has a 2017 Medicaid Inpatient Utilization Rate

16  greater than 70%, and has at least 10 pediatric beds as

17  listed on the IDPH 2015 calendar year hospital profile; or

18  (6) A hospital that reopens a previously closed

19  hospital facility within 4 calendar years of the hospital

20  facility's closure, if the previously closed hospital

21  facility qualified for payments under paragraph (c) at the

22  time of closure, until utilization data for the new

23  facility is available for the Medicaid inpatient

24  utilization rate calculation. For purposes of this clause,

25  a "closed hospital facility" shall include hospitals that

26  have been terminated from participation in the medical
    SB3365 Enrolled        - 182 - LRB104 18483 SSS 31925 b

1   assistance program in accordance with Section 12-4.25 of

2   this Code.

3   (c) Inpatient adjustment payments. The adjustment payments

4 required by paragraph (b) shall be calculated based upon the

5 hospital's Medicaid inpatient utilization rate as follows:

6   (1) hospitals with a Medicaid inpatient utilization

7   rate below the mean shall receive a per day adjustment

8   payment equal to $25;

9   (2) hospitals with a Medicaid inpatient utilization

10  rate that is equal to or greater than the mean Medicaid

11  inpatient utilization rate but less than one standard

12  deviation above the mean Medicaid inpatient utilization

13  rate shall receive a per day adjustment payment equal to

14  the sum of $25 plus $1 for each one percent that the

15  hospital's Medicaid inpatient utilization rate exceeds the

16  mean Medicaid inpatient utilization rate;

17  (3) hospitals with a Medicaid inpatient utilization

18  rate that is equal to or greater than one standard

19  deviation above the mean Medicaid inpatient utilization

20  rate but less than 1.5 standard deviations above the mean

21  Medicaid inpatient utilization rate shall receive a per

22  day adjustment payment equal to the sum of $40 plus $7 for

23  each one percent that the hospital's Medicaid inpatient

24  utilization rate exceeds one standard deviation above the

25  mean Medicaid inpatient utilization rate;

26  (4) hospitals with a Medicaid inpatient utilization
    SB3365 Enrolled        - 183 - LRB104 18483 SSS 31925 b

1   rate that is equal to or greater than 1.5 standard

2   deviations above the mean Medicaid inpatient utilization

3   rate shall receive a per day adjustment payment equal to

4   the sum of $90 plus $2 for each one percent that the

5   hospital's Medicaid inpatient utilization rate exceeds 1.5

6   standard deviations above the mean Medicaid inpatient

7   utilization rate; and

8   (5) hospitals qualifying under clause (6) of paragraph

9   (b) shall have the rate assigned to the previously closed

10  hospital facility at the date of closure, until

11  utilization data for the new facility is available for the

12  Medicaid inpatient utilization rate calculation.

13  (c-1) Beginning October 1, 2026, for rate year 2027 and

14 thereafter, the Medicaid inpatient utilization rate used in

15 the determination of eligibility for payments under paragraph

16 (c) shall be modified to exclude from both the numerator and

17 denominator all days of care funded by the U.S. Department of

18 Veterans Affairs at a hospital approved to conduct its

19 operations from more than one location within contiguous

20 counties under a single license, if at the time of its

21 licensing application the hospital was located in a county

22 with fewer than 125,000 inhabitants and the hospital's second

23 facility is located in a contiguous county with fewer than

24 235,000 inhabitants. For purposes of this subsection, days of

25 care funded by the U.S. Department of Veterans Affairs include

26 authorized VA community care provided at non-VA hospitals.
    SB3365 Enrolled  - 184 - LRB104 18483 SSS 31925 b

1   (d) Supplemental adjustment payments. In addition to the

2 adjustment payments described in paragraph (c), hospitals as

3 defined in clauses (1) through (6) of paragraph (b), excluding

4 county hospitals (as defined in subsection (c) of Section 15-1

5 of this Code) and a hospital organized under the University of

6 Illinois Hospital Act, shall be paid supplemental inpatient

7 adjustment payments of $60 per day. For purposes of Title XIX

8 of the federal Social Security Act, these supplemental

9 adjustment payments shall not be classified as adjustment

10 payments to disproportionate share hospitals.

11  (e) The inpatient adjustment payments described in

12 paragraphs (c) and (d) shall be increased on October 1, 1993

13 and annually thereafter by a percentage equal to the lesser of

14 (i) the increase in the DRI hospital cost index for the most

15 recent 12 month period for which data are available, or (ii)

16 the percentage increase in the statewide average hospital

17 payment rate over the previous year's statewide average

18 hospital payment rate. The sum of the inpatient adjustment

19 payments under paragraphs (c) and (d) to a hospital, other

20 than a county hospital (as defined in subsection (c) of

21 Section 15-1 of this Code) or a hospital organized under the

22 University of Illinois Hospital Act, however, shall not exceed

23 $275 per day; that limit shall be increased on October 1, 1993

24 and annually thereafter by a percentage equal to the lesser of

25 (i) the increase in the DRI hospital cost index for the most

26 recent 12-month period for which data are available or (ii)
    SB3365 Enrolled       - 185 - LRB104 18483 SSS 31925 b

1 the percentage increase in the statewide average hospital

2 payment rate over the previous year's statewide average

3 hospital payment rate.

4   (f) Children's hospital inpatient adjustment payments. For

5 children's hospitals, as defined in clause (5) of paragraph

6 (b), the adjustment payments required pursuant to paragraphs

7 (c) and (d) shall be multiplied by 2.0.

8   (g) County hospital inpatient adjustment payments. For

9 county hospitals, as defined in subsection (c) of Section 15-1

10 of this Code, there shall be an adjustment payment as

11 determined by rules issued by the Illinois Department.

12  (h) For the purposes of this Section the following terms

13 shall be defined as follows:

14  (1) "Medicaid inpatient utilization rate" means a

15  fraction, the numerator of which is the number of a

16  hospital's inpatient days provided in a given 12-month

17  period to patients who, for such days, were eligible for

18  Medicaid under Title XIX of the federal Social Security

19  Act, and the denominator of which is the total number of

20  the hospital's inpatient days in that same period.

21  (2) "Mean Medicaid inpatient utilization rate" means

22  the total number of Medicaid inpatient days provided by

23  all Illinois Medicaid-participating hospitals divided by

24  the total number of inpatient days provided by those same

25  hospitals.

26  (3) "Medicaid obstetrical inpatient utilization rate"
    SB3365 Enrolled           - 186 - LRB104 18483 SSS 31925 b

1   means the ratio of Medicaid obstetrical inpatient days to

2   total Medicaid inpatient days for all Illinois hospitals

3   receiving Medicaid payments from the Illinois Department.

4   (i) Inpatient adjustment payment limit. In order to meet

5 the limits of Public Law 102-234 and Public Law 103-66, the

6 Illinois Department shall by rule adjust disproportionate

7 share adjustment payments.

8   (j) University of Illinois Hospital inpatient adjustment

9 payments. For hospitals organized under the University of

10 Illinois Hospital Act, there shall be an adjustment payment as

11 determined by rules adopted by the Illinois Department.

12  (k) The Illinois Department may by rule establish criteria

13 for and develop methodologies for adjustment payments to

14 hospitals participating under this Article.

15  (l) On and after July 1, 2012, the Department shall reduce

16 any rate of reimbursement for services or other payments or

17 alter any methodologies authorized by this Code to reduce any

18 rate of reimbursement for services or other payments in

19 accordance with Section 5-5e.

20  (m) The Department shall establish a cost-based

21 reimbursement methodology for determining payments to

22 hospitals for approved graduate medical education (GME)

23 programs for dates of service on and after July 1, 2018.

24  (1) As used in this subsection, "hospitals" means the

25  University of Illinois Hospital as defined in the

26  University of Illinois Hospital Act and a county hospital
    SB3365 Enrolled  - 187 - LRB104 18483 SSS 31925 b

1   in a county of over 3,000,000 inhabitants.

2   (2) An amendment to the Illinois Title XIX State Plan

3   defining GME shall maximize reimbursement, shall not be

4   limited to the education programs or special patient care

5   payments allowed under Medicare, and shall include:

6        (A) inpatient days;

7        (B) outpatient days;

8        (C) direct costs;

9        (D) indirect costs;

10       (E) managed care days;

11       (F) all stages of medical training and education

12  including students, interns, residents, and fellows

13  with no caps on the number of persons who may qualify;

14  and

15       (G) patient care payments related to the

16  complexities of treating Medicaid enrollees including

17  clinical and social determinants of health.

18  (3) The Department shall make all GME payments

19  directly to hospitals including such costs in support of

20  clients enrolled in Medicaid managed care entities.

21  (4) The Department shall promptly take all actions

22  necessary for reimbursement to be effective for dates of

23  service on and after July 1, 2018 including publishing all

24  appropriate public notices, amendments to the Illinois

25  Title XIX State Plan, and adoption of administrative rules

26  if necessary.
    SB3365 Enrolled         - 188 - LRB104 18483 SSS 31925 b

1   (5) As used in this subsection, "managed care days"

2   means costs associated with services rendered to enrollees

3   of Medicaid managed care entities. "Medicaid managed care

4   entities" means any entity which contracts with the

5   Department to provide services paid for on a capitated

6   basis. "Medicaid managed care entities" includes a managed

7   care organization and a managed care community network.

8   (6) All payments under this Section are contingent

9   upon federal approval of changes to the Illinois Title XIX

10  State Plan, if that approval is required.

11  (7) The Department may adopt rules necessary to

12  implement Public Act 100-581 through the use of emergency

13  rulemaking in accordance with subsection (aa) of Section

14  5-45 of the Illinois Administrative Procedure Act. For

15  purposes of that Act, the General Assembly finds that the

16  adoption of rules to implement Public Act 100-581 is

17  deemed an emergency and necessary for the public interest,

18  safety, and welfare.

19 (Source: P.A. 101-81, eff. 7-12-19; 102-682, eff. 12-10-21;

20 102-886, eff. 5-17-22.)

21                          ARTICLE 85.

22  Section 85-5. The Illinois Act on the Aging is amended by

23 changing Section 4.02 as follows:
    SB3365 Enrolled          - 189 - LRB104 18483 SSS 31925 b

1   (20 ILCS 105/4.02)

2   Sec. 4.02. Community Care Program. The Department shall

3 establish a program of services to prevent unnecessary

4 institutionalization of persons age 60 and older in need of

5 long term care or who are established as persons who suffer

6 from Alzheimer's disease or a related disorder under the

7 Alzheimer's Disease Assistance Act, thereby enabling them to

8 remain in their own homes or in other living arrangements.

9 Such preventive services, which may be coordinated with other

10 programs for the aged, may include, but are not limited to, any

11 or all of the following:

12  (a) (blank);

13  (b) (blank);

14  (c) home care aide services;

15  (d) personal assistant services;

16  (e) adult day services;

17  (f) home-delivered meals;

18  (g) education in self-care;

19  (h) personal care services;

20  (i) adult day health services;

21  (j) habilitation services;

22  (k) respite care;

23  (k-5) community reintegration services;

24  (k-6) flexible senior services;

25  (k-7) medication management;

26  (k-8) emergency home response;
    SB3365 Enrolled  - 190 - LRB104 18483 SSS 31925 b

1   (l) other nonmedical social services that may enable

2   the person to become self-supporting; or

3   (m) (blank).

4   The Department shall establish eligibility standards for

5 such services. In determining the amount and nature of

6 services for which a person may qualify, consideration shall

7 not be given to the value of cash, property, or other assets

8 held in the name of the person's spouse pursuant to a written

9 agreement dividing marital property into equal but separate

10 shares or pursuant to a transfer of the person's interest in a

11 home to his spouse, provided that the spouse's share of the

12 marital property is not made available to the person seeking

13 such services.

14  The Department shall require as a condition of eligibility

15 that all new financially eligible applicants apply for and

16 enroll in medical assistance under Article V of the Illinois

17 Public Aid Code in accordance with rules promulgated by the

18 Department.

19  The Department shall, in conjunction with the Department

20 of Public Aid (now Department of Healthcare and Family

21 Services), seek appropriate amendments under Sections 1915 and

22 1924 of the Social Security Act. The purpose of the amendments

23 shall be to extend eligibility for home and community based

24 services under Sections 1915 and 1924 of the Social Security

25 Act to persons who transfer to or for the benefit of a spouse

26 those amounts of income and resources allowed under Section
SB3365 Enrolled  - 191 - LRB104 18483 SSS 31925 b

 1 1924 of the Social Security Act. Subject to the approval of
 2 such amendments, the Department shall extend the provisions of
 3 Section 5-4 of the Illinois Public Aid Code to persons who, but
 4 for the provision of home or community-based services, would
 5 require the level of care provided in an institution, as is
 6 provided for in federal law. Those persons no longer found to
 7 be eligible for receiving noninstitutional services due to
 8 changes in the eligibility criteria shall be given 45 days
 9 notice prior to actual termination. Those persons receiving
10 notice of termination may contact the Department and request
11 the determination be appealed at any time during the 45 day
12 notice period. The target population identified for the
13 purposes of this Section are persons age 60 and older with an
14 identified service need. Priority shall be given to those who
15 are at imminent risk of institutionalization. The services
16 shall be provided to eligible persons age 60 and older to the
17 extent that the cost of the services together with the other
18 personal maintenance expenses of the persons are reasonably
19 related to the standards established for care in a group
20 facility appropriate to the person's condition. These
21 noninstitutional services, pilot projects, or experimental
22 facilities may be provided as part of or in addition to those
23 authorized by federal law or those funded and administered by
24 the Department of Human Services. The Departments of Human
25 Services, Healthcare and Family Services, Public Health,
26 Veterans' Affairs, and Commerce and Economic Opportunity and
    SB3365 Enrolled  - 192 - LRB104 18483 SSS 31925 b

1 other appropriate agencies of State, federal, and local

2 governments shall cooperate with the Department on Aging in

3 the establishment and development of the noninstitutional

4 services. The Department shall require an annual audit from

5 all personal assistant and home care aide vendors contracting

6 with the Department under this Section. The annual audit shall

7 assure that each audited vendor's procedures are in compliance

8 with Department's financial reporting guidelines requiring an

9 administrative and employee wage and benefits cost split as

10 defined in administrative rules. The audit is a public record

11 under the Freedom of Information Act. The Department shall

12 execute, relative to the nursing home prescreening project,

13 written inter-agency agreements with the Department of Human

14 Services and the Department of Healthcare and Family Services,

15 to effect the following: (1) intake procedures and common

16 eligibility criteria for those persons who are receiving

17 noninstitutional services; and (2) the establishment and

18 development of noninstitutional services in areas of the State

19 where they are not currently available or are undeveloped. On

20 and after July 1, 1996, all nursing home prescreenings for

21 individuals 60 years of age or older shall be conducted by the

22 Department.

23  As part of the Department on Aging's routine training of

24 case managers and case manager supervisors, the Department may

25 include information on family futures planning for persons who

26 are age 60 or older and who are caregivers of their adult
    SB3365 Enrolled           - 193 - LRB104 18483 SSS 31925 b

1 children with developmental disabilities. The content of the

2 training shall be at the Department's discretion.

3   The Department is authorized to establish a system of

4 recipient copayment for services provided under this Section,

5 such copayment to be based upon the recipient's ability to pay

6 but in no case to exceed the actual cost of the services

7 provided. Additionally, any portion of a person's income which

8 is equal to or less than the federal poverty standard shall not

9 be considered by the Department in determining the copayment.

10 The level of such copayment shall be adjusted whenever

11 necessary to reflect any change in the officially designated

12 federal poverty standard.

13  The Department, or the Department's authorized

14 representative, may recover the amount of moneys expended for

15 services provided to or in behalf of a person under this

16 Section by a claim against the person's estate or against the

17 estate of the person's surviving spouse, but no recovery may

18 be had until after the death of the surviving spouse, if any,

19 and then only at such time when there is no surviving child who

20 is under age 21 or blind or who has a permanent and total

21 disability. This paragraph, however, shall not bar recovery,

22 at the death of the person, of moneys for services provided to

23 the person or in behalf of the person under this Section to

24 which the person was not entitled; provided that such recovery

25 shall not be enforced against any real estate while it is

26 occupied as a homestead by the surviving spouse or other
    SB3365 Enrolled  - 194 - LRB104 18483 SSS 31925 b

1 dependent, if no claims by other creditors have been filed

2 against the estate, or, if such claims have been filed, they

3 remain dormant for failure of prosecution or failure of the

4 claimant to compel administration of the estate for the

5 purpose of payment. This paragraph shall not bar recovery from

6 the estate of a spouse, under Sections 1915 and 1924 of the

7 Social Security Act and Section 5-4 of the Illinois Public Aid

8 Code, who precedes a person receiving services under this

9 Section in death. All moneys for services paid to or in behalf

10 of the person under this Section shall be claimed for recovery

11 from the deceased spouse's estate. "Homestead", as used in

12 this paragraph, means the dwelling house and contiguous real

13 estate occupied by a surviving spouse or relative, as defined

14 by the rules and regulations of the Department of Healthcare

15 and Family Services, regardless of the value of the property.

16  The Department shall increase the effectiveness of the

17 existing Community Care Program by:

18  (1) ensuring that in-home services included in the

19  care plan are available on evenings and weekends;

20  (2) ensuring that care plans contain the services that

21  eligible participants need based on the number of days in

22  a month, not limited to specific blocks of time, as

23  identified by the comprehensive assessment tool selected

24  by the Department for use statewide, not to exceed the

25  total monthly service cost maximum allowed for each

26  service; the Department shall develop administrative rules
    SB3365 Enrolled  - 195 - LRB104 18483 SSS 31925 b

1   to implement this item (2);

2   (3) ensuring that the participants have the right to

3   choose the services contained in their care plan and to

4   direct how those services are provided, based on

5   administrative rules established by the Department;

6   (4)(blank);

7   (5) ensuring that homemakers can provide personal care

8   services that may or may not involve contact with clients,

9   including, but not limited to:

10  (A) bathing;

11  (B) grooming;

12  (C) toileting;

13  (D) nail care;

14  (E) transferring;

15  (F) respiratory services;

16  (G) exercise; or

17  (H) positioning;

18  (6) ensuring that homemaker program vendors are not

19  restricted from hiring homemakers who are family members

20  of clients or recommended by clients; the Department may

21  not, by rule or policy, require homemakers who are family

22  members of clients or recommended by clients to accept

23  assignments in homes other than the client;

24  (7) ensuring that the State may access maximum federal

25  matching funds by seeking approval for the Centers for

26  Medicare and Medicaid Services for modifications to the
    SB3365 Enrolled  - 196 - LRB104 18483 SSS 31925 b

1   State's home and community based services waiver and

2   additional waiver opportunities, including applying for

3   enrollment in the Balance Incentive Payment Program by May

4   1, 2013, in order to maximize federal matching funds; this

5   shall include, but not be limited to, modification that

6   reflects all changes in the Community Care Program

7   services and all increases in the services cost maximum;

8   (8) ensuring that the determination of need tool

9   accurately reflects the service needs of individuals with

10  Alzheimer's disease and related dementia disorders;

11  (9) ensuring that services are authorized accurately

12  and consistently for the Community Care Program (CCP); the

13  Department shall implement a Service Authorization policy

14  directive; the purpose shall be to ensure that eligibility

15  and services are authorized accurately and consistently in

16  the CCP program; the policy directive shall clarify

17  service authorization guidelines to Care Coordination

18  Units and Community Care Program providers no later than

19  May 1, 2013;

20  (10) working in conjunction with Care Coordination

21  Units, the Department of Healthcare and Family Services,

22  the Department of Human Services, Community Care Program

23  providers, and other stakeholders to make improvements to

24  the Medicaid claiming processes and the Medicaid

25  enrollment procedures or requirements as needed,

26  including, but not limited to, specific policy changes or
    SB3365 Enrolled  - 197 - LRB104 18483 SSS 31925 b

1   rules to improve the up-front enrollment of participants

2   in the Medicaid program and specific policy changes or

3   rules to ensure insure more prompt submission of bills to

4   the federal government to secure maximum federal matching

5   dollars as promptly as possible; the Department on Aging

6   shall have at least 3 meetings with stakeholders by

7   January 1, 2014 in order to address these improvements;

8   (11) requiring home care service providers to comply

9   with the rounding of hours worked provisions under the

10  federal Fair Labor Standards Act (FLSA) and as set forth

11  in 29 CFR 785.48(b) by May 1, 2013;

12  (12) implementing any necessary policy changes or

13  promulgating any rules, no later than January 1, 2014, to

14  assist the Department of Healthcare and Family Services in

15  moving as many participants as possible, consistent with

16  federal regulations, into coordinated care plans if a care

17  coordination plan that covers long term care is available

18  in the recipient's area; and

19  (13) (blank).

20  By January 1, 2009 or as soon after the end of the Cash and

21 Counseling Demonstration Project as is practicable, the

22 Department may, based on its evaluation of the demonstration

23 project, promulgate rules concerning personal assistant

24 services, to include, but need not be limited to,

25 qualifications, employment screening, rights under fair labor

26 standards, training, fiduciary agent, and supervision
    SB3365 Enrolled  - 198 - LRB104 18483 SSS 31925 b

1 requirements. All applicants shall be subject to the

2 provisions of the Health Care Worker Background Check Act.

3   The Department shall develop procedures to enhance

4 availability of services on evenings, weekends, and on an

5 emergency basis to meet the respite needs of caregivers.

6 Procedures shall be developed to permit the utilization of

7 services in successive blocks of 24 hours up to the monthly

8 maximum established by the Department. Workers providing these

9 services shall be appropriately trained.

10  No person may perform chore/housekeeping and home care

11 aide services under a program authorized by this Section

12 unless that person has been issued a certificate of

13 pre-service to do so by his or her employing agency.

14 Information gathered to effect such certification shall

15 include (i) the person's name, (ii) the date the person was

16 hired by his or her current employer, and (iii) the training,

17 including dates and levels. Persons engaged in the program

18 authorized by this Section before the effective date of this

19 amendatory Act of 1991 shall be issued a certificate of all

20 pre-service and in-service training from his or her employer

21 upon submitting the necessary information. The employing

22 agency shall be required to retain records of all staff

23 pre-service and in-service training, and shall provide such

24 records to the Department upon request and upon termination of

25 the employer's contract with the Department. In addition, the

26 employing agency is responsible for the issuance of
    SB3365 Enrolled  - 199 - LRB104 18483 SSS 31925 b

1 certifications of in-service training completed to its their

2 employees.

3   The Department is required to develop a system to ensure

4 that persons working as home care aides and personal

5 assistants receive increases in their wages when the federal

6 minimum wage is increased by requiring vendors to certify that

7 they are meeting the federal minimum wage statute for home

8 care aides and personal assistants. An employer that cannot

9 ensure that the minimum wage increase is being given to home

10 care aides and personal assistants shall be denied any

11 increase in reimbursement costs.

12  The Community Care Program Advisory Committee is created

13 in the Department on Aging. The Director shall appoint

14 individuals to serve in the Committee, who shall serve at

15 their own expense. Members of the Committee must abide by all

16 applicable ethics laws. The Committee shall advise the

17 Department on issues related to the Department's program of

18 services to prevent unnecessary institutionalization. The

19 Committee shall meet on a bi-monthly basis and shall serve to

20 identify and advise the Department on present and potential

21 issues affecting the service delivery network, the program's

22 clients, and the Department and to recommend solution

23 strategies. Persons appointed to the Committee shall be

24 appointed on, but not limited to, their own and their agency's

25 experience with the program, geographic representation, and

26 willingness to serve. The Director shall appoint members to
    SB3365 Enrolled  - 200 - LRB104 18483 SSS 31925 b

1 the Committee to represent provider, advocacy, policy

2 research, and other constituencies committed to the delivery

3 of high quality home and community-based services to older

4 adults. Representatives shall be appointed to ensure

5 representation from community care providers, including, but

6 not limited to, adult day service providers, homemaker

7 providers, case coordination and case management units,

8 emergency home response providers, statewide trade or labor

9 unions that represent home care aides and direct care staff,

10 area agencies on aging, adults over age 60, membership

11 organizations representing older adults, and other

12 organizational entities, providers of care, or individuals

13 with demonstrated interest and expertise in the field of home

14 and community care as determined by the Director.

15  Nominations may be presented from any agency or State

16 association with interest in the program. The Director, or his

17 or her designee, shall serve as the permanent co-chair of the

18 advisory committee. One other co-chair shall be nominated and

19 approved by the members of the committee on an annual basis.

20 Committee members' terms of appointment shall be for 4 years

21 with one-quarter of the appointees' terms expiring each year.

22 A member shall continue to serve until his or her replacement

23 is named. The Department shall fill vacancies that have a

24 remaining term of over one year, and this replacement shall

25 occur through the annual replacement of expiring terms. The

26 Director shall designate Department staff to provide technical
    SB3365 Enrolled  - 201 - LRB104 18483 SSS 31925 b

1 assistance and staff support to the committee. Department

2 representation shall not constitute membership of the

3 committee. All Committee papers, issues, recommendations,

4 reports, and meeting memoranda are advisory only. The

5 Director, or his or her designee, shall make a written report,

6 as requested by the Committee, regarding issues before the

7 Committee.

8   The Department on Aging and the Department of Human

9 Services shall cooperate in the development and submission of

10 an annual report on programs and services provided under this

11 Section. Such joint report shall be filed with the Governor

12 and the General Assembly on or before March 31 of the following

13 fiscal year.

14  The requirement for reporting to the General Assembly

15 shall be satisfied by filing copies of the report as required

16 by Section 3.1 of the General Assembly Organization Act and

17 filing such additional copies with the State Government Report

18 Distribution Center for the General Assembly as is required

19 under paragraph (t) of Section 7 of the State Library Act.

20  Those persons previously found eligible for receiving

21 noninstitutional services whose services were discontinued

22 under the Emergency Budget Act of Fiscal Year 1992, and who do

23 not meet the eligibility standards in effect on or after July

24 1, 1992, shall remain ineligible on and after July 1, 1992.

25 Those persons previously not required to cost-share and who

26 were required to cost-share effective March 1, 1992, shall
    SB3365 Enrolled             - 202 - LRB104 18483 SSS 31925 b

1 continue to meet cost-share requirements on and after July 1,

2 1992. Beginning July 1, 1992, all clients will be required to

3 meet eligibility, cost-share, and other requirements and will

4 have services discontinued or altered when they fail to meet

5 these requirements.

6   For the purposes of this Section, "flexible senior

7 services" refers to services that require one-time or periodic

8 expenditures, including, but not limited to, respite care,

9 home modification, assistive technology, housing assistance,

10 and transportation.

11  The Department shall implement an electronic service

12 verification based on global positioning systems or other

13 cost-effective technology for the Community Care Program no

14 later than January 1, 2014.

15  The Department shall require, as a condition of

16 eligibility, application for the medical assistance program

17 under Article V of the Illinois Public Aid Code.

18  The Department may authorize Community Care Program

19 services until an applicant is determined eligible for medical

20 assistance under Article V of the Illinois Public Aid Code.

21  The Department shall continue to provide Community Care

22 Program reports as required by statute, which shall include an

23 annual report on Care Coordination Unit performance and

24 adherence to service guidelines and a 6-month supplemental

25 report.

26  In regard to community care providers, failure to comply
    SB3365 Enrolled     - 203 - LRB104 18483 SSS 31925 b

1 with Department on Aging policies shall be cause for

2 disciplinary action, including, but not limited to,

3 disqualification from serving Community Care Program clients.

4 Each provider, upon submission of any bill or invoice to the

5 Department for payment for services rendered, shall include a

6 notarized statement, under penalty of perjury pursuant to

7 Section 1-109 of the Code of Civil Procedure, that the

8 provider has complied with all Department policies.

9   The Director of the Department on Aging shall make

10 information available to the State Board of Elections as may

11 be required by an agreement the State Board of Elections has

12 entered into with a multi-state voter registration list

13 maintenance system.

14  The Department shall pay an enhanced rate of at least

15 $1.77 per unit under the Community Care Program to those

16 in-home service provider agencies that offer health insurance

17 coverage as a benefit to their direct service worker employees

18 pursuant to rules adopted by the Department. The Department

19 shall review the enhanced rate as part of its process to rebase

20 in-home service provider reimbursement rates pursuant to

21 federal waiver requirements. Subject to federal approval,

22 beginning on January 1, 2024, rates for adult day services

23 shall be increased to $16.84 per hour and rates for each way

24 transportation services for adult day services shall be

25 increased to $12.44 per unit transportation.

26  Subject to federal approval, on and after January 1, 2024,
    SB3365 Enrolled  - 204 - LRB104 18483 SSS 31925 b

1 rates for homemaker services shall be increased to $28.07 to

2 sustain a minimum wage of $17 per hour for direct service

3 workers. Rates in subsequent State fiscal years shall be no

4 lower than the rates put into effect upon federal approval.

5 Providers of in-home services shall be required to certify to

6 the Department that they remain in compliance with the

7 mandated wage increase for direct service workers. Fringe

8 benefits, including, but not limited to, paid time off and

9 payment for training, health insurance, travel, or

10 transportation, shall not be reduced in relation to the rate

11 increases described in this paragraph.

12  Subject to and upon federal approval, on and after January

13 1, 2025, rates for homemaker services shall be increased to

14 $29.63 to sustain a minimum wage of $18 per hour for direct

15 service workers. Rates in subsequent State fiscal years shall

16 be no lower than the rates put into effect upon federal

17 approval. Providers of in-home services shall be required to

18 certify to the Department that they remain in compliance with

19 the mandated wage increase for direct service workers. Fringe

20 benefits, including, but not limited to, paid time off and

21 payment for training, health insurance, travel, or

22 transportation, shall not be reduced in relation to the rate

23 increases described in this paragraph.

24  Subject to and upon federal approval, on and after January

25 1, 2026, rates for homemaker services shall be increased to

26 $30.80 to sustain a minimum wage of $18.75 per hour for direct
    SB3365 Enrolled  - 205 - LRB104 18483 SSS 31925 b

1 service workers. Rates in subsequent State fiscal years shall

2 be no lower than the rates put into effect upon federal

3 approval. Providers of in-home services shall be required to

4 certify to the Department that they remain in compliance with

5 the mandated wage increase for direct service workers. Fringe

6 benefits, including, but not limited to, paid time off and

7 payment for training, health insurance, travel, or

8 transportation, shall not be reduced in relation to the rate

9 increases described in this paragraph.

10  Beginning January 1, 2027, subject to any necessary

11 federal approval, rates for adult day services shall be

12 increased to $17.84 per hour and rates for each way

13 transportation services for adult day services shall be

14 increased to $13.44 per unit transportation.

15  The General Assembly finds it necessary to authorize an

16 aggressive Medicaid enrollment initiative designed to maximize

17 federal Medicaid funding for the Community Care Program which

18 produces significant savings for the State of Illinois. The

19 Department on Aging shall establish and implement a Community

20 Care Program Medicaid Initiative. Under the Initiative, the

21 Department on Aging shall, at a minimum: (i) provide an

22 enhanced rate to adequately compensate care coordination units

23 to enroll eligible Community Care Program clients into

24 Medicaid; (ii) use recommendations from a stakeholder

25 committee on how best to implement the Initiative; and (iii)

26 establish requirements for State agencies to make enrollment
    SB3365 Enrolled     - 206 - LRB104 18483 SSS 31925 b

1 in the State's Medical Assistance program easier for seniors.

2   The Community Care Program Medicaid Enrollment Oversight

3 Subcommittee is created as a subcommittee of the Older Adult

4 Services Advisory Committee established in Section 35 of the

5 Older Adult Services Act to make recommendations on how best

6 to increase the number of medical assistance recipients who

7 are enrolled in the Community Care Program. The Subcommittee

8 shall consist of all of the following persons who must be

9 appointed within 30 days after June 4, 2018 (the effective

10 date of Public Act 100-587):

11  (1) The Director of Aging, or his or her designee, who

12  shall serve as the chairperson of the Subcommittee.

13  (2) One representative of the Department of Healthcare

14  and Family Services, appointed by the Director of

15  Healthcare and Family Services.

16  (3) One representative of the Department of Human

17  Services, appointed by the Secretary of Human Services.

18  (4) One individual representing a care coordination

19  unit, appointed by the Director of Aging.

20  (5) One individual from a non-governmental statewide

21  organization that advocates for seniors, appointed by the

22  Director of Aging.

23  (6) One individual representing Area Agencies on

24  Aging, appointed by the Director of Aging.

25  (7) One individual from a statewide association

26  dedicated to Alzheimer's care, support, and research,
    SB3365 Enrolled  - 207 - LRB104 18483 SSS 31925 b

1   appointed by the Director of Aging.

2   (8) One individual from an organization that employs

3   persons who provide services under the Community Care

4   Program, appointed by the Director of Aging.

5   (9) One member of a trade or labor union representing

6   persons who provide services under the Community Care

7   Program, appointed by the Director of Aging.

8   (10) One member of the Senate, who shall serve as

9   co-chairperson, appointed by the President of the Senate.

10  (11) One member of the Senate, who shall serve as

11  co-chairperson, appointed by the Minority Leader of the

12  Senate.

13  (12) One member of the House of Representatives, who

14  shall serve as co-chairperson, appointed by the Speaker of

15  the House of Representatives.

16  (13) One member of the House of Representatives, who

17  shall serve as co-chairperson, appointed by the Minority

18  Leader of the House of Representatives.

19  (14) One individual appointed by a labor organization

20  representing frontline employees at the Department of

21  Human Services.

22  The Subcommittee shall provide oversight to the Community

23 Care Program Medicaid Initiative and shall meet quarterly. At

24 each Subcommittee meeting the Department on Aging shall

25 provide the following data sets to the Subcommittee: (A) the

26 number of Illinois residents, categorized by planning and
    SB3365 Enrolled  - 208 - LRB104 18483 SSS 31925 b

1 service area, who are receiving services under the Community

2 Care Program and are enrolled in the State's Medical

3 Assistance Program; (B) the number of Illinois residents,

4 categorized by planning and service area, who are receiving

5 services under the Community Care Program, but are not

6 enrolled in the State's Medical Assistance Program; and (C)

7 the number of Illinois residents, categorized by planning and

8 service area, who are receiving services under the Community

9 Care Program and are eligible for benefits under the State's

10 Medical Assistance Program, but are not enrolled in the

11 State's Medical Assistance Program. In addition to this data,

12 the Department on Aging shall provide the Subcommittee with

13 plans on how the Department on Aging will reduce the number of

14 Illinois residents who are not enrolled in the State's Medical

15 Assistance Program but who are eligible for medical assistance

16 benefits. The Department on Aging shall enroll in the State's

17 Medical Assistance Program those Illinois residents who

18 receive services under the Community Care Program and are

19 eligible for medical assistance benefits but are not enrolled

20 in the State's Medical Medicaid Assistance Program. The data

21 provided to the Subcommittee shall be made available to the

22 public via the Department on Aging's website.

23  The Department on Aging, with the involvement of the

24 Subcommittee, shall collaborate with the Department of Human

25 Services and the Department of Healthcare and Family Services

26 on how best to achieve the responsibilities of the Community
    SB3365 Enrolled            - 209 - LRB104 18483 SSS 31925 b

1 Care Program Medicaid Initiative.

2   The Department on Aging, the Department of Human Services,

3 and the Department of Healthcare and Family Services shall

4 coordinate and implement a streamlined process for seniors to

5 access benefits under the State's Medical Assistance Program.

6   The Subcommittee shall collaborate with the Department of

7 Human Services on the adoption of a uniform application

8 submission process. The Department of Human Services and any

9 other State agency involved with processing the medical

10 assistance application of any person enrolled in the Community

11 Care Program shall include the appropriate care coordination

12 unit in all communications related to the determination or

13 status of the application.

14  The Community Care Program Medicaid Initiative shall

15 provide targeted funding to care coordination units to help

16 seniors complete their applications for medical assistance

17 benefits. On and after July 1, 2019, care coordination units

18 shall receive no less than $200 per completed application,

19 which rate may be included in a bundled rate for initial intake

20 services when Medicaid application assistance is provided in

21 conjunction with the initial intake process for new program

22 participants.

23  The Community Care Program Medicaid Initiative shall cease

24 operation 5 years after June 4, 2018 (the effective date of

25 Public Act 100-587), after which the Subcommittee shall

26 dissolve.
    SB3365 Enrolled       - 210 - LRB104 18483 SSS 31925 b

1   Effective July 1, 2023, subject to federal approval, the

2 Department on Aging shall reimburse Care Coordination Units at

3 the following rates for case management services: $252.40 for

4 each initial assessment; $366.40 for each initial assessment

5 with translation; $229.68 for each redetermination assessment;

6 $313.68 for each redetermination assessment with translation;

7 $200.00 for each completed application for medical assistance

8 benefits; $132.26 for each face-to-face, choices-for-care

9 screening; $168.26 for each face-to-face, choices-for-care

10 screening with translation; $124.56 for each 6-month,

11 face-to-face visit; $132.00 for each MCO participant

12 eligibility determination; and $157.00 for each MCO

13 participant eligibility determination with translation.

14 (Source: P.A. 103-8, eff. 6-7-23; 103-102, Article 45, Section

15 45-5, eff. 1-1-24; 103-102, Article 85, Section 85-5, eff.

16 1-1-24; 103-102, Article 90, Section 90-5, eff. 1-1-24;

17 103-588, eff. 6-5-24; 103-605, eff. 7-1-24; 103-670, eff.

18 1-1-25; 104-2, eff. 6-16-25; 104-417, eff. 8-15-25.)

19                        ARTICLE 145.

20  Section 145-5. The Illinois Public Aid Code is amended by

21 changing Section 14-12.5 as follows:

22  (305 ILCS 5/14-12.5)

23  Sec. 14-12.5. Hospital rate updates.
    SB3365 Enrolled  - 211 - LRB104 18483 SSS 31925 b

1   (a) Notwithstanding any other provision of this Code, the

2 hospital rates of reimbursement authorized under Sections

3 5-5.05, 14-12, and 14-13 of this Code shall be adjusted in

4 accordance with the provisions of this Section.

5   (b) Notwithstanding any other provision of this Code,

6 effective for dates of service on and after January 1, 2024,

7 subject to federal approval, hospital reimbursement rates

8 shall be revised as follows:

9   (1) For inpatient general acute care services, the

10  statewide-standardized amount and the per diem rates for

11  hospitals exempt from the APR-DRG reimbursement system, in

12  effect January 1, 2023, shall be increased by 10%.

13  (2) For inpatient psychiatric services:

14  (A) For safety-net hospitals, the hospital

15  specific per diem rate in effect January 1, 2023 and

16  the minimum per diem rate of $630, authorized in

17  subsection (b-5) of Section 5-5.05 of this Code, shall

18  be increased by 10%.

19  (B) For all general acute care hospitals that are

20  not safety-net hospitals, the inpatient psychiatric

21  care per diem rates in effect January 1, 2023 shall be

22  increased by 10%, except that all rates shall be at

23  least 90% of the minimum inpatient psychiatric care

24  per diem rate for safety-net hospitals as authorized

25  in subsection (b-5) of Section 5-5.05 of this Code

26  including the adjustments authorized in this Section.
    SB3365 Enrolled  - 212 - LRB104 18483 SSS 31925 b

1   The statewide default per diem rate for a hospital

2   opening a new psychiatric distinct part unit, shall be

3   set at 90% of the minimum inpatient psychiatric care

4   per diem rate for safety-net hospitals as authorized

5   in subsection (b-5) of Section 5-5.05 of this Code,

6   including the adjustment authorized in this Section.

7         (C) For all psychiatric specialty hospitals, the

8   per diem rates in effect January 1, 2023, shall be

9   increased by 10%, except that all rates shall be at

10  least 90% of the minimum inpatient per diem rate for

11  safety-net hospitals as authorized in subsection (b-5)

12  of Section 5-5.05 of this Code, including the

13  adjustments authorized in this Section. The statewide

14  default per diem rate for a new psychiatric specialty

15  hospital shall be set at 90% of the minimum inpatient

16  psychiatric care per diem rate for safety-net

17  hospitals as authorized in subsection (b-5) of Section

18  5-5.05 of this Code, including the adjustment

19  authorized in this Section.

20  (3) For inpatient rehabilitative services, all

21  hospital specific per diem rates in effect January 1,

22  2023, shall be increased by 10%. The statewide default

23  inpatient rehabilitative services per diem rates, for

24  general acute care hospitals and for rehabilitation

25  specialty hospitals respectively, shall be increased by

26  10%.
    SB3365 Enrolled       - 213 - LRB104 18483 SSS 31925 b

1   (4) The statewide-standardized amount for outpatient

2   general acute care services in effect January 1, 2023,

3   shall be increased by 10%.

4   (5) The statewide-standardized amount for outpatient

5   psychiatric care services in effect January 1, 2023, shall

6   be increased by 10%.

7   (6) The statewide-standardized amount for outpatient

8   rehabilitative care services in effect January 1, 2023,

9   shall be increased by 10%.

10  (7) The per diem rate in effect January 1, 2023, as

11  authorized in subsection (a) of Section 14-13 of this

12  Article shall be increased by 10%.

13  (8) For services provided on and after January 1, 2024

14  through June 30, 2024, and on and after January 1, 2029

15  2027, subject to federal approval, in addition to the

16  statewide standardized amount, an add-on payment of at

17  least $210 shall be paid for each inpatient General Acute

18  and Psychiatric day of care, excluding Medicare-Medicaid

19  dual eligible crossover days, for all safety-net hospitals

20  defined in Section 5-5e.1 of this Code.

21  (A) For Psychiatric days of care, the Department

22  may implement payment of this add-on by increasing the

23  hospital specific psychiatric per diem rate, adjusted

24  in accordance with subparagraph (A) of paragraph (2)

25  of subsection (b) by $210, or by a separate add-on

26  payment.
    SB3365 Enrolled    - 214 - LRB104 18483 SSS 31925 b

1   (B) If the add-on adjustment is added to the

2   hospital specific psychiatric per diem rate to

3   operationalize payment, the Department shall provide a

4   rate sheet to each safety-net hospital, which

5   identifies the hospital psychiatric per diem rate

6   before and after the adjustment.

7   (C) The add-on adjustment shall not be considered

8   when setting the 90% minimum rate identified in

9   paragraph (2) of subsection (b).

10  (9) For services provided on and after July 1, 2024,

11  and on or before December 31, 2028 2026, subject to

12  federal approval, in addition to the statewide

13  standardized amount and any other payments authorized

14  under this Code, a safety-net hospital health care equity

15  add-on payment shall be paid for each inpatient General

16  Acute and Psychiatric day of care, excluding

17  Medicare-Medicaid dual eligible crossover days, for

18  safety-net hospitals defined in Section 5-5e.1 of this

19  Code, as follows:

20  (A) if the safety-net hospital's Medicaid

21  inpatient utilization rate, as calculated under

22  Section 5-5e.1 of this Code, is equal to or greater

23  than 70%, the add-on payment shall be $425;

24  (B) if the safety-net hospital's Medicaid

25  inpatient utilization rate, as calculated under

26  Section 5-5e.1 of this Code, is equal to or greater
    SB3365 Enrolled  - 215 - LRB104 18483 SSS 31925 b

1   than 50% and less than 70%, the add-on payment shall be

2   $300;

3   (C) if the safety-net hospital's Medicaid

4   inpatient utilization rate, as calculated under

5   Section 5-5e.1 of this Code, is equal to or greater

6   than 40% and less than 50%, the add-on payment shall be

7   $225; and

8   (D) if the safety-net hospital's Medicaid

9   inpatient utilization rate, as calculated under

10  Section 5-5e.1 of this Code, is less than 40%, the

11  add-on payment shall be $210.

12  Qualification for the safety-net hospital health care

13  equity add-on payment shall be updated January 1, 2026,

14  and each January 1 thereafter based on the MIUR

15  determination effective 3 months prior to the start of

16  each the January 1, 2026 calendar year, ending in 2028.

17  Rates described in subparagraphs (A) through (C) shall

18  be adjusted annually beginning January 1, 2026 by applying

19  a uniform factor to each rate to spend an approximate

20  amount of $50,000,000 annually per year using State fiscal

21  year 2024 days as a basis for calendar year 2026 rates.

22  The add-on adjustment under this paragraph shall not

23  be considered when setting the 90% minimum rate identified

24  in subparagraph (B) of paragraph (2).

25  (10) For services provided on and after July 1, 2024,

26  and on or before December 31, 2028 2026, subject to
    SB3365 Enrolled  - 216 - LRB104 18483 SSS 31925 b

1   federal approval, in addition to the statewide

2   standardized amount and any other payments authorized

3   under this Code, a safety-net hospital low volume add-on

4   payment of the lesser of $200 or the annually recalculated

5   amount described below shall be paid for each inpatient

6   General Acute and Psychiatric day of care, excluding

7   Medicare-Medicaid dual eligible crossover days, for any

8   safety-net hospital as defined in Section 5-5e.1 that

9   provided less than 11,000 Medicaid inpatient days of care,

10  excluding Medicare-Medicaid dual eligible crossover days,

11  in the base period. As used in this paragraph, "base

12  period" means State fiscal year 2022 admissions received

13  by the Department prior to October 1, 2023 for the payment

14  period July 1, 2024 through December 31, 2025, and

15  beginning in calendar year 2026, the State fiscal year

16  that ends 30 months before the applicable calendar year,

17  such as State fiscal year 2023 admissions received by the

18  Department prior to October 1, 2024, for calendar year

19  2026. The low volume add-on payment amount of $200 shall

20  be adjusted annually beginning January 1, 2027 if

21  projected overall payment exceeds $30,000,000 by setting a

22  rate to spend an approximate amount of $30,000,000

23  annually using the most recent complete State fiscal year

24  inpatient General Acute and Psychiatric day of care data,

25  excluding Medicare-Medicaid dual eligible crossover days

26  for qualifying hospitals. State Fiscal Year 2025 data
    SB3365 Enrolled     - 217 - LRB104 18483 SSS 31925 b

1   shall be used as the basis for the Calendar Year 2027 rate,

2   and State Fiscal Year 2026 data shall be used as the basis

3   for the Calendar Year 2028 rate.

4   (c) The Department shall take all actions necessary to

5 ensure the changes authorized in Public Act 103-102 and this

6 amendatory Act of the 103rd General Assembly are in effect for

7 dates of service on and after the effective date of the changes

8 made to this Section by this amendatory Act of the 103rd

9 General Assembly, including publishing all appropriate public

10 notices, applying for federal approval of amendments to the

11 Illinois Title XIX State Plan, and adopting administrative

12 rules if necessary.

13  (d) The Department of Healthcare and Family Services may

14 adopt rules necessary to implement the changes made by Public

15 Act 103-102 and this amendatory Act of the 103rd General

16 Assembly through the use of emergency rulemaking in accordance

17 with Section 5-45 of the Illinois Administrative Procedure

18 Act. The 24-month limitation on the adoption of emergency

19 rules does not apply to rules adopted under this Section. The

20 General Assembly finds that the adoption of rules to implement

21 the changes made by Public Act 103-102 and this amendatory Act

22 of the 103rd General Assembly is deemed an emergency and

23 necessary for the public interest, safety, and welfare.

24  (e) The Department shall ensure that all necessary

25 adjustments to the managed care organization capitation base

26 rates necessitated by the adjustments in this Section are
    SB3365 Enrolled      - 218 - LRB104 18483 SSS 31925 b

1 completed, published, and applied in accordance with Section

2 5-30.8 of this Code 90 days prior to the implementation date of

3 the changes required under Public Act 103-102 and this

4 amendatory Act of the 103rd General Assembly.

5   (f) The Department shall publish updated rate sheets or

6 add-on payment amounts, as applicable, for all hospitals 30

7 days prior to the effective date of the rate increase, or

8 within 30 days after federal approval by the Centers for

9 Medicare and Medicaid Services, whichever is later.

10 (Source: P.A. 103-102, eff. 6-16-23; 103-593, eff. 6-7-24.)

11                       ARTICLE 175.

12  Section 175-5. The Illinois Public Aid Code is amended by

13 changing Section 5-30.1 as follows:

14  (305 ILCS 5/5-30.1)

15  Sec. 5-30.1. Managed care protections.

16  (a) As used in this Section:

17  "Managed care organization" or "MCO" means any entity

18 which contracts with the Department to provide services where

19 payment for medical services is made on a capitated basis.

20  "Emergency services" means health care items and services,

21 including inpatient and outpatient hospital services,

22 furnished or required to evaluate and stabilize an emergency

23 medical condition. "Emergency services" include inpatient
    SB3365 Enrolled  - 219 - LRB104 18483 SSS 31925 b

1 stabilization services furnished during the inpatient

2 stabilization period. "Emergency services" do not include

3 post-stabilization medical services.

4   "Emergency medical condition" means a medical condition

5 manifesting itself by acute symptoms of sufficient severity,

6 regardless of the final diagnosis given, such that a prudent

7 layperson, who possesses an average knowledge of health and

8 medicine, could reasonably expect the absence of immediate

9 medical attention to result in:

10  (1) placing the health of the individual (or, with

11  respect to a pregnant woman, the health of the woman or her

12  unborn child) in serious jeopardy;

13  (2) serious impairment to bodily functions;

14  (3) serious dysfunction of any bodily organ or part;

15  (4) inadequately controlled pain; or

16  (5) with respect to a pregnant woman who is having

17  contractions:

18  (A) inadequate time to complete a safe transfer to

19  another hospital before delivery; or

20  (B) a transfer to another hospital may pose a

21  threat to the health or safety of the woman or unborn

22  child.

23  "Emergency medical screening examination" means a medical

24 screening examination and evaluation by a physician licensed

25 to practice medicine in all its branches or, to the extent

26 permitted by applicable laws, by other appropriately licensed
    SB3365 Enrolled        - 220 - LRB104 18483 SSS 31925 b

1 personnel under the supervision of or in collaboration with a

2 physician licensed to practice medicine in all its branches to

3 determine whether the need for emergency services exists.

4   "Health care services" means mean any medical or

5 behavioral health services covered under the medical

6 assistance program that are subject to review under a service

7 authorization program.

8   "Inpatient stabilization period" means the initial 72

9 hours of inpatient stabilization services, beginning from the

10 date and time of the order for inpatient admission to the

11 hospital.

12  "Inpatient stabilization services" means mean emergency

13 services furnished in the inpatient setting at a hospital

14 pursuant to an order for inpatient admission by a physician or

15 other qualified practitioner who has admitting privileges at

16 the hospital, as permitted by State law, to stabilize an

17 emergency medical condition following an emergency medical

18 screening examination.

19  "Post-stabilization medical services" means health care

20 services provided to an enrollee that are furnished in a

21 hospital by a provider that is qualified to furnish such

22 services and determined to be medically necessary by the

23 provider and directly related to the emergency medical

24 condition following stabilization.

25  "Provider" means a facility or individual who is actively

26 enrolled in the medical assistance program and licensed or
    SB3365 Enrolled  - 221 - LRB104 18483 SSS 31925 b

1 otherwise authorized to order, prescribe, refer, or render

2 health care services in this State.

3   "Service authorization determination" means a decision

4 made by a service authorization program in advance of,

5 concurrent to, or after the provision of a health care service

6 to approve, change the level of care, partially deny, deny, or

7 otherwise limit coverage and reimbursement for a health care

8 service upon review of a service authorization request.

9   "Service authorization program" means any utilization

10 review, utilization management, peer review, quality review,

11 or other medical management activity conducted by an MCO, or

12 its contracted utilization review organization, including, but

13 not limited to, prior authorization, prior approval,

14 pre-certification, concurrent review, retrospective review, or

15 certification of admission, of health care services provided

16 in the inpatient or outpatient hospital setting.

17  "Service authorization request" means a request by a

18 provider to a service authorization program to determine

19 whether a health care service meets the reimbursement

20 eligibility requirements for medically necessary, clinically

21 appropriate care, resulting in the issuance of a service

22 authorization determination.

23  "Utilization review organization" or "URO" means an MCO's

24 utilization review department or a peer review organization or

25 quality improvement organization that contracts with an MCO to

26 administer a service authorization program and make service
    SB3365 Enrolled  - 222 - LRB104 18483 SSS 31925 b

1 authorization determinations.

2   (b) As provided by Section 5-16.12, managed care

3 organizations are subject to the provisions of the Managed

4 Care Reform and Patient Rights Act.

5   (c) An MCO shall pay any provider of emergency services,

6 including for inpatient stabilization services provided during

7 the inpatient stabilization period, that does not have in

8 effect a contract with the contracted Medicaid MCO. The

9 default rate of reimbursement shall be the rate paid under

10 Illinois Medicaid fee-for-service program methodology,

11 including all policy adjusters, including but not limited to

12 Medicaid High Volume Adjustments, Medicaid Percentage

13 Adjustments, Outpatient High Volume Adjustments, and all

14 outlier add-on adjustments to the extent such adjustments are

15 incorporated in the development of the applicable MCO

16 capitated rates.

17  (d) (Blank).

18  (e) Notwithstanding any other provision of law, the

19 following requirements apply to MCOs in determining payment

20 for all emergency services, including inpatient stabilization

21 services provided during the inpatient stabilization period:

22  (1) The MCO shall not impose any service authorization

23  program requirements for emergency services, including,

24  but not limited to, prior authorization, prior approval,

25  pre-certification, certification of admission, concurrent

26  review, or retrospective review.
    SB3365 Enrolled  - 223 - LRB104 18483 SSS 31925 b

1   (A) Notification period: Hospitals shall notify

2   the enrollee's Medicaid MCO within 48 hours of the

3   date and time the order for inpatient admission is

4   written. Notification shall be limited to advising the

5   MCO that the patient has been admitted to a hospital

6   inpatient level of care.

7   (B) If the admitting hospital complies with the

8   notification provisions of subparagraph (A), the

9   Medicaid MCO may not initiate concurrent review before

10  the end of the inpatient stabilization period. If the

11  admitting hospital does not comply with the

12  notification requirements in subparagraph (A), the

13  Medicaid MCO may initiate concurrent review for the

14  continuation of the stay beginning at the end of the

15  48-hour notification period.

16  (C) Coverage for services provided during the

17  48-hour notification period may not be retrospectively

18  denied.

19  (2) The MCO shall cover emergency services provided to

20  enrollees who are temporarily away from their residence

21  and outside the contracting area to the extent that the

22  enrollees would be entitled to the emergency services if

23  they still were within the contracting area.

24  (3) The MCO shall have no obligation to cover

25  emergency services provided on an emergency basis that are

26  not covered services under the contract between the MCO
    SB3365 Enrolled          - 224 - LRB104 18483 SSS 31925 b

1   and the Department.

2   (4) The MCO shall not condition coverage for emergency

3   services on the treating provider notifying the MCO of the

4   enrollee's emergency medical screening examination and

5   treatment within 10 days after presentation for emergency

6   services.

7   (5) The determination of the attending emergency

8   physician, or the practitioner responsible for the

9   enrollee's care at the hospital, of whether an enrollee

10  requires inpatient stabilization services, can be

11  stabilized in the outpatient setting, or is sufficiently

12  stabilized for discharge or transfer to another setting,

13  shall be binding on the MCO. The MCO shall cover and

14  reimburse providers for emergency services as billed by

15  the provider for all enrollees whether the emergency

16  services are provided by an affiliated or non-affiliated

17  provider, except in cases of fraud. The MCO shall

18  reimburse inpatient stabilization services provided during

19  the inpatient stabilization period and billed as inpatient

20  level of care based on the appropriate inpatient

21  reimbursement methodology.

22  (6) The MCO's financial responsibility for

23  post-stabilization medical services it has not

24  pre-approved ends when:

25  (A) a plan physician with privileges at the

26  treating hospital assumes responsibility for the
    SB3365 Enrolled      - 225 - LRB104 18483 SSS 31925 b

1   enrollee's care;

2               (B) a plan physician assumes responsibility for

3   the enrollee's care through transfer;

4               (C) a contracting entity representative and the

5   treating physician reach an agreement concerning the

6   enrollee's care; or

7               (D) the enrollee is discharged.

8   (e-5) An MCO shall pay for all post-stabilization medical

9 services as a covered service in any of the following

10 situations:

11  (1) the MCO or its URO authorized such services;

12  (2) such services were administered to maintain the

13  enrollee's stabilized condition within one hour after a

14  request to the MCO for authorization of further

15  post-stabilization services;

16  (3) the MCO or its URO did not respond to a request to

17  authorize such services within one hour;

18  (4) the MCO or its URO could not be contacted; or

19  (5) the MCO or its URO and the treating provider, if

20  the treating provider is a non-affiliated provider, could

21  not reach an agreement concerning the enrollee's care and

22  an affiliated provider was unavailable for a consultation,

23  in which case the MCO must pay for such services rendered

24  by the treating non-affiliated provider until an

25  affiliated provider was reached and either concurred with

26  the treating non-affiliated provider's plan of care or
    SB3365 Enrolled  - 226 - LRB104 18483 SSS 31925 b

1   assumed responsibility for the enrollee's care. Such

2   payment shall be made at the default rate of reimbursement

3   paid under the State's Medicaid fee-for-service program

4   methodology, including all policy adjusters, including,

5   but not limited to, Medicaid High Volume Adjustments,

6   Medicaid Percentage Adjustments, Outpatient High Volume

7   Adjustments, and all outlier add-on adjustments to the

8   extent that such adjustments are incorporated in the

9   development of the applicable MCO capitated rates.

10  (f) Network adequacy and transparency.

11  (1) The Department shall:

12  (A) ensure that an adequate provider network is in

13  place, taking into consideration health professional

14  shortage areas and medically underserved areas;

15  (B) publicly release an explanation of its process

16  for analyzing network adequacy;

17  (C) periodically ensure that an MCO continues to

18  have an adequate network in place;

19  (D) require MCOs, including Medicaid Managed Care

20  Entities as defined in Section 5-30.2, to meet

21  provider directory requirements under Section 5-30.3;

22  (E) require MCOs to ensure that any

23  Medicaid-certified provider under contract with an MCO

24  and previously submitted on a roster on the date of

25  service is paid for any medically necessary,

26  Medicaid-covered, and authorized service rendered to
    SB3365 Enrolled    - 227 - LRB104 18483 SSS 31925 b

1   any of the MCO's enrollees, regardless of inclusion on

2   the MCO's published and publicly available directory

3   of available providers; and

4   (F) require MCOs, including Medicaid Managed Care

5   Entities as defined in Section 5-30.2, to meet each of

6   the requirements under subsection (d-5) of Section 10

7   of the Network Adequacy and Transparency Act; with

8   necessary exceptions to the MCO's network to ensure

9   that admission and treatment with a provider or at a

10  treatment facility in accordance with the network

11  adequacy standards in paragraph (3) of subsection

12  (d-5) of Section 10 of the Network Adequacy and

13  Transparency Act is limited to providers or facilities

14  that are Medicaid certified.

15  (2) Each MCO shall confirm its receipt of information

16  submitted specific to physician or dentist additions or

17  physician or dentist deletions from the MCO's provider

18  network within 3 days after receiving all required

19  information from contracted physicians or dentists, and

20  electronic physician and dental directories must be

21  updated consistent with current rules as published by the

22  Centers for Medicare and Medicaid Services or its

23  successor agency.

24  (g) Timely payment of claims.

25  (1) The MCO shall pay a claim within 30 days of

26  receiving a claim that contains all the essential
    SB3365 Enrolled        - 228 - LRB104 18483 SSS 31925 b

1   information needed to adjudicate the claim.

2   (2) The MCO shall notify the billing party of its

3   inability to adjudicate a claim within 30 days of

4   receiving that claim.

5   (3) The MCO shall pay a penalty that is at least equal

6   to the timely payment interest penalty imposed under

7   Section 368a of the Illinois Insurance Code for any claims

8   not timely paid.

9   (A) When an MCO is required to pay a timely payment

10  interest penalty to a provider, the MCO must calculate

11  and pay the timely payment interest penalty that is

12  due to the provider within 30 days after the payment of

13  the claim. In no event shall a provider be required to

14  request or apply for payment of any owed timely

15  payment interest penalties.

16  (B) Such payments shall be reported separately

17  from the claim payment for services rendered to the

18  MCO's enrollee and clearly identified as interest

19  payments.

20  (4)(A) The Department shall require MCOs to expedite

21  payments to providers identified on the Department's

22  expedited provider list, determined in accordance with 89

23  Ill. Adm. Code 140.71(b), on a schedule at least as

24  frequently as the providers are paid under the

25  Department's fee-for-service expedited provider schedule.

26  (B) Compliance with the expedited provider requirement
    SB3365 Enrolled    - 229 - LRB104 18483 SSS 31925 b

1   may be satisfied by an MCO through the use of a Periodic

2   Interim Payment (PIP) program that has been mutually

3   agreed to and documented between the MCO and the provider,

4   if the PIP program ensures that any expedited provider

5   receives regular and periodic payments based on prior

6   period payment experience from that MCO. Total payments

7   under the PIP program may be reconciled against future PIP

8   payments on a schedule mutually agreed to between the MCO

9   and the provider.

10  (C) The Department shall share at least monthly its

11  expedited provider list and the frequency with which it

12  pays providers on the expedited list.

13  (g-5) Recognizing that the rapid transformation of the

14 Illinois Medicaid program may have unintended operational

15 challenges for both payers and providers:

16  (1) in no instance shall a medically necessary covered

17  service rendered in good faith, based upon eligibility

18  information documented by the provider, be denied coverage

19  or diminished in payment amount if the eligibility or

20  coverage information available at the time the service was

21  rendered is later found to be inaccurate in the assignment

22  of coverage responsibility between MCOs or the

23  fee-for-service system, except for instances when an

24  individual is deemed to have not been eligible for

25  coverage under the Illinois Medicaid program; and

26  (2) the Department shall, by December 31, 2016, adopt
    SB3365 Enrolled         - 230 - LRB104 18483 SSS 31925 b

1   rules establishing policies that shall be included in the

2   Medicaid managed care policy and procedures manual

3   addressing payment resolutions in situations in which a

4   provider renders services based upon information obtained

5   after verifying a patient's eligibility and coverage plan

6   through either the Department's current enrollment system

7   or a system operated by the coverage plan identified by

8   the patient presenting for services:

9   (A) such medically necessary covered services

10  shall be considered rendered in good faith;

11  (B) such policies and procedures shall be

12  developed           in  consultation  with   industry

13  representatives of the Medicaid managed care health

14  plans and representatives of provider associations

15  representing the majority of providers within the

16  identified provider industry; and

17  (C) such rules shall be published for a review and

18  comment period of no less than 30 days on the

19  Department's website with final rules remaining

20  available on the Department's website.

21  The rules on payment resolutions shall include, but

22  not be limited to:

23  (A) the extension of the timely filing period;

24  (B) retroactive prior authorizations; and

25  (C) guaranteed minimum payment rate of no less

26  than the current, as of the date of service,
    SB3365 Enrolled  - 231 - LRB104 18483 SSS 31925 b

1   fee-for-service rate, plus all applicable add-ons,

2   when the resulting service relationship is out of

3   network.

4   The rules shall be applicable for both MCO coverage

5   and fee-for-service coverage.

6   If the fee-for-service system is ultimately determined to

7 have been responsible for coverage on the date of service, the

8 Department shall provide for an extended period for claims

9 submission outside the standard timely filing requirements.

10  (g-6) MCO Performance Metrics Report.

11  (1) The Department shall publish, on at least a

12  quarterly basis, each MCO's operational performance,

13  including, but not limited to, the following categories of

14  metrics:

15         (A) claims payment, including timeliness and

16  accuracy;

17         (B) prior authorizations;

18         (C) grievance and appeals;

19         (D) utilization statistics;

20         (E) provider disputes;

21         (F) provider credentialing; and

22         (G) member and provider customer service.

23  (2) The Department shall ensure that the metrics

24  report is accessible to providers online by January 1,

25  2017.

26  (3) The metrics shall be developed in consultation
    SB3365 Enrolled       - 232 - LRB104 18483 SSS 31925 b

1   with industry representatives of the Medicaid managed care

2   health plans and representatives of associations

3   representing the majority of providers within the

4   identified industry.

5   (4) Metrics shall be defined and incorporated into the

6   applicable Managed Care Policy Manual issued by the

7   Department.

8   (g-7) MCO claims processing and performance analysis. In

9 order to monitor MCO payments to hospital providers, pursuant

10 to Public Act 100-580, the Department shall post an analysis

11 of MCO claims processing and payment performance on its

12 website every 6 months. Such analysis shall include a review

13 and evaluation of a representative sample of hospital claims

14 that are rejected and denied for clean and unclean claims and

15 the top 5 reasons for such actions and timeliness of claims

16 adjudication, which identifies the percentage of claims

17 adjudicated within 30, 60, 90, and over 90 days, and the dollar

18 amounts associated with those claims.

19  (g-8) Dispute resolution process. The Department shall

20 maintain a provider complaint portal through which a provider

21 can submit to the Department unresolved disputes with an MCO.

22 An unresolved dispute means an MCO's decision that denies in

23 whole or in part a claim for reimbursement to a provider for

24 health care services rendered by the provider to an enrollee

25 of the MCO with which the provider disagrees. Disputes shall

26 not be submitted to the portal until the provider has availed
SB3365 Enrolled  - 233 - LRB104 18483 SSS 31925 b

 1 itself of the MCO's internal dispute resolution process.
 2 Disputes that are submitted to the MCO internal dispute
 3 resolution process may be submitted to the Department of
 4 Healthcare and Family Services' complaint portal no sooner
 5 than 30 days after submitting to the MCO's internal process
 6 and not later than 30 days after the unsatisfactory resolution
 7 of the internal MCO process or 60 days after submitting the
 8 dispute to the MCO internal process. Multiple claim disputes
 9 involving the same MCO may be submitted in one complaint,
10 regardless of whether the claims are for different enrollees,
11 when the specific reason for non-payment of the claims
12 involves a common question of fact or policy. Within 10
13 business days of receipt of a complaint, the Department shall
14 present such disputes to the appropriate MCO, which shall then
15 have 30 days to issue its written proposal to resolve the
16 dispute. The Department may grant one 30-day extension of this
17 time frame to one of the parties to resolve the dispute. If the
18 dispute remains unresolved at the end of this time frame or the
19 provider is not satisfied with the MCO's written proposal to
20 resolve the dispute, the provider may, within 30 days, request
21 the Department to review the dispute and make a final
22 determination. Within 30 days of the request for Department
23 review of the dispute, both the provider and the MCO shall
24 present all relevant information to the Department for
25 resolution and make individuals with knowledge of the issues
26 available to the Department for further inquiry if needed.
    SB3365 Enrolled  - 234 - LRB104 18483 SSS 31925 b

1 Within 30 days of receiving the relevant information on the

2 dispute, or the lapse of the period for submitting such

3 information, the Department shall issue a written decision on

4 the dispute based on contractual terms between the provider

5 and the MCO, contractual terms between the MCO and the

6 Department of Healthcare and Family Services and applicable

7 Medicaid policy. The decision of the Department shall be

8 final. By January 1, 2020, the Department shall establish by

9 rule further details of this dispute resolution process.

10 Disputes between MCOs and providers presented to the

11 Department for resolution are not contested cases, as defined

12 in Section 1-30 of the Illinois Administrative Procedure Act,

13 conferring any right to an administrative hearing.

14  (g-9)(1) The Department shall publish annually on its

15 website a report on the calculation of each managed care

16 organization's medical loss ratio showing the following:

17  (A) Premium revenue, with appropriate adjustments.

18  (B) Benefit expense, setting forth the aggregate

19  amount spent for the following:

20  (i) Direct paid claims.

21  (ii) Subcapitation payments.

22  (iii) Other claim payments.

23  (iv) Direct reserves.

24  (v) Gross recoveries.

25  (vi) Expenses for activities that improve health

26  care quality as allowed by the Department.
    SB3365 Enrolled      - 235 - LRB104 18483 SSS 31925 b

1   (2) The medical loss ratio shall be calculated consistent

2 with federal law and regulation following a claims runout

3 period determined by the Department.

4   (g-10)(1) "Liability effective date" means the date on

5 which an MCO becomes responsible for payment for medically

6 necessary and covered services rendered by a provider to one

7 of its enrollees in accordance with the contract terms between

8 the MCO and the provider. The liability effective date shall

9 be the later of:

10  (A) The execution date of a network participation

11  contract agreement.

12  (B) The date the provider or its representative

13  submits to the MCO the complete and accurate standardized

14  roster form for the provider in the format approved by the

15  Department.

16  (C) The provider effective date contained within the

17  Department's provider enrollment subsystem within the

18  Illinois Medicaid Program Advanced Cloud Technology

19  (IMPACT) System.

20  (2) The standardized roster form may be submitted to the

21 MCO at the same time that the provider submits an enrollment

22 application to the Department through IMPACT.

23  (3) By October 1, 2019, the Department shall require all

24 MCOs to update their provider directory with information for

25 new practitioners of existing contracted providers within 30

26 days of receipt of a complete and accurate standardized roster
    SB3365 Enrolled   - 236 - LRB104 18483 SSS 31925 b

1 template in the format approved by the Department provided

2 that the provider is effective in the Department's provider

3 enrollment subsystem within the IMPACT system. Such provider

4 directory shall be readily accessible for purposes of

5 selecting an approved health care provider and comply with all

6 other federal and State requirements.

7   (g-11) The Department shall work with relevant

8 stakeholders on the development of operational guidelines to

9 enhance and improve operational performance of Illinois'

10 Medicaid managed care program, including, but not limited to,

11 improving provider billing practices, reducing claim

12 rejections and inappropriate payment denials, and

13 standardizing processes, procedures, definitions, and response

14 timelines, with the goal of reducing provider and MCO

15 administrative burdens and conflict. The Department shall

16 include a report on the progress of these program improvements

17 and other topics in its Fiscal Year 2020 annual report to the

18 General Assembly.

19  (g-12) Notwithstanding any other provision of law, if the

20 Department or an MCO requires submission of a claim for

21 payment in a non-electronic format, a provider shall always be

22 afforded a period of no less than 90 business days, as a

23 correction period, following any notification of rejection by

24 either the Department or the MCO to correct errors or

25 omissions in the original submission.

26  Under no circumstances, either by an MCO or under the
    SB3365 Enrolled  - 237 - LRB104 18483 SSS 31925 b

1 State's fee-for-service system, shall a provider be denied

2 payment for failure to comply with any timely submission

3 requirements under this Code or under any existing contract,

4 unless the non-electronic format claim submission occurs after

5 the initial 180 days following the latest date of service on

6 the claim, or after the 90 business days correction period

7 following notification to the provider of rejection or denial

8 of payment.

9   (g-13) Utilization Review Standardization and

10 Transparency.

11  (1) To ensure greater standardization and transparency

12  related to service authorization determinations, for all

13  individuals covered under the medical assistance program

14  and enrolled in the managed care program , including both

15  the fee-for-service and managed care programs, the

16  Department shall, in consultation with the MCOs, a

17  statewide association representing the MCOs, a statewide

18  association representing the majority of Illinois

19  hospitals, a statewide association representing

20  physicians, or any other interested parties deemed

21  appropriate by the Department, adopt administrative rules

22  consistent with this subsection, in accordance with the

23  Illinois Administrative Procedure Act.

24  (2) No later than July 1, 2025, the Department shall

25  in accordance with the Illinois Administrative Procedure

26  Act file emergency rules, and adopt permanent rules no
    SB3365 Enrolled    - 238 - LRB104 18483 SSS 31925 b

1   later than November 28, 2025 October 1, 2025, which govern

2   MCO practices for dates of services on and after July 1,

3   2025, as follows:

4   (A) guidelines related to the publication of MCO

5   service authorization policies;

6   (B) procedures listed on the Medicare Inpatient

7   Only list published on January 1, 2025 by the Centers

8   for Medicare and Medicaid Services in Addendum B to

9   CMS-1809-FC that, due to medical complexity, must be

10  reimbursed under the applicable inpatient methodology,

11  when provided in the inpatient setting and billed as

12  an inpatient service;

13  (C) standardization of administrative forms used

14  in the member appeal process;

15  (D) limitations on second or subsequent medical

16  necessity review of a health care service already

17  authorized by the MCO or URO under a service

18  authorization program;

19  (E) standardization of peer-to-peer processes and

20  timelines;

21  (F) defined criteria for urgent and standard

22  post-acute care and long-term acute care service

23  authorization requests; and

24  (G) standardized criteria for service

25  authorization programs for authorization of admission

26  to a long-term acute care hospital.
    SB3365 Enrolled  - 239 - LRB104 18483 SSS 31925 b

1   (3) The Department shall expand the scope of the

2   quality and compliance audits conducted by its contracted

3   external quality review organization to include, but not

4   be limited to:

5   (A) an analysis of the Medicaid MCO's compliance

6   with nationally recognized clinical decision

7   guidelines for inpatient and outpatient hospital

8   services;

9   (B) an analysis that compares and contrasts the

10  Medicaid MCO's service authorization determination

11  outcomes for inpatient and outpatient hospital

12  services to the outcomes of each other MCO plan and the

13  State's fee-for-service program model to evaluate

14  whether service authorization determinations are being

15  made consistently by all Medicaid MCOs to ensure that

16  all individuals are being treated in accordance with

17  equitable standards of care;

18  (C) an analysis, for each Medicaid MCO, of the

19  number of service authorization requests, including

20  requests for concurrent review of inpatient hospital

21  admissions and certification of inpatient hospital

22  admissions, received, initially denied, overturned

23  through any post-denial process including, but not

24  limited to, enrollee or provider appeal, peer-to-peer

25  review, or the provider dispute resolution process,

26  denied but approved for a lower or different level of
    SB3365 Enrolled  - 240 - LRB104 18483 SSS 31925 b

1   care, and the number denied on final determination;

2   and

3             (D) provide a written report to the General

4   Assembly, detailing the items listed in this

5   subsection and any other metrics deemed necessary by

6   the Department, by the second April, following June 7,

7   2025 2024 (the effective date of Public Act 103-593),

8   and each April thereafter. The Department shall make

9   this report available within 30 days of delivery to

10  the General Assembly, on its public facing website.

11  (h) The Department shall not expand mandatory MCO

12 enrollment into new counties beyond those counties already

13 designated by the Department as of June 1, 2014 for the

14 individuals whose eligibility for medical assistance is not

15 the seniors or people with disabilities population until the

16 Department provides an opportunity for accountable care

17 entities and MCOs to participate in such newly designated

18 counties.

19  (h-5) Leading indicator data sharing. By January 1, 2024,

20 the Department shall obtain input from the Department of Human

21 Services, the Department of Juvenile Justice, the Department

22 of Children and Family Services, the State Board of Education,

23 managed care organizations, providers, and clinical experts to

24 identify and analyze key indicators and data elements that can

25 be used in an analysis of lead indicators from assessments and

26 data sets available to the Department that can be shared with
    SB3365 Enrolled  - 241 - LRB104 18483 SSS 31925 b

1 managed care organizations and similar care coordination

2 entities contracted with the Department as leading indicators

3 for elevated behavioral health crisis risk for children,

4 including data sets such as the Illinois Medicaid

5 Comprehensive Assessment of Needs and Strengths (IM-CANS),

6 calls made to the State's Crisis and Referral Entry Services

7 (CARES) hotline, health services information from Health and

8 Human Services Innovators, or other data sets that may include

9 key indicators. The workgroup shall complete its

10 recommendations for leading indicator data elements on or

11 before September 1, 2024. To the extent permitted by State and

12 federal law, the identified leading indicators shall be shared

13 with managed care organizations and similar care coordination

14 entities contracted with the Department on or before December

15 1, 2024 for the purpose of improving care coordination with

16 the early detection of elevated risk. Leading indicators shall

17 be reassessed annually with stakeholder input. The Department

18 shall implement guidance to managed care organizations and

19 similar care coordination entities contracted with the

20 Department, so that the managed care organizations and care

21 coordination entities respond to lead indicators with services

22 and interventions that are designed to help stabilize the

23 child.

24  (i) The requirements of this Section apply to contracts

25 with accountable care entities and MCOs entered into, amended,

26 or renewed after June 16, 2014 (the effective date of Public
    SB3365 Enrolled  - 242 - LRB104 18483 SSS 31925 b

1 Act 98-651).

2   (j) Health care information released to managed care

3 organizations. A health care provider shall release to a

4 Medicaid managed care organization, upon request, and subject

5 to the Health Insurance Portability and Accountability Act of

6 1996 and any other law applicable to the release of health

7 information, the health care information of the MCO's

8 enrollee, if the enrollee has completed and signed a general

9 release form that grants to the health care provider

10 permission to release the recipient's health care information

11 to the recipient's insurance carrier.

12  (k) The Department of Healthcare and Family Services,

13 managed care organizations, a statewide organization

14 representing hospitals, and a statewide organization

15 representing safety-net hospitals shall explore ways to

16 support billing departments in safety-net hospitals.

17  (l) The requirements of this Section added by Public Act

18 102-4 shall apply to services provided on or after the first

19 day of the month that begins 60 days after April 27, 2021 (the

20 effective date of Public Act 102-4).

21  (m) Except where otherwise expressly specified, the

22 requirements of this Section added by Public Act 103-593 shall

23 apply to services provided on and after July 1, 2026.

24 (Source: P.A. 103-546, eff. 8-11-23; 103-593, eff. 6-7-24;

25 103-885, eff. 8-9-24; 104-9, eff. 6-16-25; 104-417, eff.

26 8-15-25.)
    SB3365 Enrolled          - 243 - LRB104 18483 SSS 31925 b

1                      ARTICLE 180.

2   Section 180-5. The Psychiatric Residential Treatment

3 Facilities (PRTF) Act is amended by changing Sections 10 and

4 15 as follows:

5   (405 ILCS 142/10)

6   Sec. 10. PRTF services.

7   (a) The Department shall establish an Illinois Psychiatric

8 Residential Treatment Facilities (PRTF) program that is

9 family-driven, youth-guided, and trauma-informed, and includes

10 youth and family involvement in all aspects of care planning.

11 The Illinois PRTF program design shall establish meaningful

12 opportunities for youth and families to be involved in the

13 design, monitoring, and oversight of PRTF services.

14  (b) By September 1, 2027 By January 1, 2026, the

15 Department shall submit a State Plan Amendment to the Centers

16 for Medicare and Medicaid Services to establish coverage of

17 federally authorized, medically necessary inpatient

18 psychiatric services delivered by a certified PRTF to medical

19 assistance beneficiaries under 21 years of age.

20  (c) The Department shall adopt rules to implement the

21 Illinois PRTF program. The rules may establish the services,

22 standards, and requirements for participation in the program

23 to comply with all applicable federal statutes, regulations,
    SB3365 Enrolled  - 244 - LRB104 18483 SSS 31925 b

1 requirements, and policies. The rules proposed by the

2 Department may take into consideration the recommendations of

3 the PRTF Advisory Committee, as outlined in Section 20. At a

4 minimum, the rules shall include the following:

5   (1) Certification and participation requirements for

6   PRTF providers in compliance with all applicable federal

7   laws, regulations, requirements, and policies, including

8   those found at 42 CFR 441, Subpart D and 42 CFR 483,

9   Subpart G or any successor regulations.

10  (2) Monitoring and oversight of PRTF services,

11  including on-site review protocols that include scheduled

12  and unannounced on-site visits. Each provider seeking PRTF

13  certification shall minimally have an on-site review prior

14  to initiating services and all PRTFs shall have at least

15  one on-site review annually thereafter.

16  (3) Utilization management criteria to ensure that

17  PRTF services are provided as medically necessary and

18  emphasize clinically appropriate patient transitions back

19  to the community, including, but not limited to, service

20  authorization, documentation, and treatment plan

21  requirements for initial stay reviews and continued stay

22  reviews.

23  (4) A limit on allowable beds at any one PRTF, not to

24  exceed 40 total beds, unless waived in writing by the

25  Director of the Department.

26  (5) A limit on the number of new PRTF facilities to be
    SB3365 Enrolled   - 245 - LRB104 18483 SSS 31925 b

1   certified in any State fiscal year.

2   (6) A requirement that PRTFs are distinct, standalone

3   non-hospital entities not physically attached or adjacent

4   to any other type of facility engaged in providing

5   congregate care.

6   (7) A requirement that, in order to obtain PRTF

7   certification, providers must undergo a survey from the

8   State Survey Agency, the Department of Public Health, to

9   establish the provider's compliance with the Conditions of

10  Participation for PRTFs outlined in 42 CFR 483, Subpart G

11  and the Interpretive Guidelines issued by the Centers for

12  Medicare and Medicaid Services.

13  (8) A requirement that, in order to obtain PRTF

14  certification, providers be accredited from one of the

15  following organizations identified in 42 CFR 441.151, or

16  any successor regulations:

17  (i) Joint Commission on Accreditation of

18  Healthcare Organizations.

19  (ii) The Commission on Accreditation of

20  Rehabilitation Facilities.

21  (iii) The Council on Accreditation of Services for

22  Families and Children.

23  (iv) Any other accrediting organization with

24  comparable standards recognized by the Department.

25  (9) Requirements for the reporting of emergency safety

26  interventions and serious occurrences to the Department
    SB3365 Enrolled    - 246 - LRB104 18483 SSS 31925 b

1   and the State-designated Protection and Advocacy System no

2   later than the close of business the next business day

3   after the intervention or occurrence.

4 (Source: P.A. 104-147, eff. 8-1-25.)

5   (405 ILCS 142/15)

6   Sec. 15. PRTF capacity analysis.

7   (a) The Department shall establish, and update as needed,

8 a methodology for completing a statewide PRTF capacity

9 analysis for the purposes of identifying capacity needs for

10 PRTF services under the Illinois Medical Assistance Program.

11 The Department shall utilize the PRTF capacity analysis to

12 inform its certification and enrollment of PRTF providers. The

13 capacity analysis shall minimally include:

14  (1) An analysis of aggregate service utilization data

15  for Medicaid eligible individuals under the age of 21,

16  including community-based services, behavioral health

17  crisis services, and inpatient psychiatric hospitalization

18  services.

19  (2) Identification of locations across the State with

20  demonstrated need for PRTF services and locations with

21  demonstrated surplus of PRTF service capacity.

22  (3) Consideration of specialized treatment needs based

23  on increased utilization of out-of-state facilities to

24  address specialized treatment needs.

25  (4) Other factors of consideration identified by the
    SB3365 Enrolled          - 247 - LRB104 18483 SSS 31925 b

1   Department as necessary to support access to care,

2   compliance with the federal Medicaid program, and all

3   other applicable federal or State laws, regulations,

4   policies, requirements, and programs impacting Illinois'

5   children's behavioral health service delivery system.

6   (5) Recommendations to the Department and the PRTF

7   Advisory Committee on capacity needs within the Illinois

8   PRTF program. The recommendations shall seek to avoid the

9   concentration of PRTF facilities in any particular

10  community or area of the State to promote access for

11  families or guardians to visit patients when appropriate.

12  (b) The Department's methodology, completed analyses, and

13 outcomes shall be published on its website, with an initial

14 PRTF capacity analysis to be published by no later than April

15 1, 2027 January 1, 2026.

16  (c) The Department's PRTF capacity analysis shall be

17 updated at a minimum of every 5 years and shall be performed

18 consistent with the Department's published methodology.

19 (Source: P.A. 104-147, eff. 8-1-25.)

20                           ARTICLE 185.

21  Section 185-5. The Illinois Public Aid Code is amended by

22 changing Section 1-8.5 as follows:

23  (305 ILCS 5/1-8.5)
    SB3365 Enrolled  - 248 - LRB104 18483 SSS 31925 b

1   Sec. 1-8.5. Eligibility for medical assistance during

2 periods of incarceration or detention.

3   (a) To the extent permitted by federal law and

4 notwithstanding any other provision of this Code, the

5 Department of Healthcare and Family Services shall not cancel

6 a person's eligibility for medical assistance, nor shall the

7 Department deny a person's application for medical assistance,

8 solely because that person has become or is an inmate of a

9 public institution, including, but not limited to, a county

10 jail, juvenile detention center, or State correctional

11 facility. The person may be and remain enrolled for medical

12 assistance as long as all other eligibility criteria are met.

13  (b) The Department may adopt rules to permit a person to

14 apply for medical assistance while he or she is an inmate of a

15 public institution as described in subsection (a). The rules

16 may limit applications to persons who would be likely to

17 qualify for medical assistance if they resided in the

18 community. Any such person who is not already enrolled for

19 medical assistance may apply for medical assistance prior to

20 the date of scheduled release or discharge from a penal

21 institution or county jail or similar status.

22  (c) Except as provided under Section 17 of the County Jail

23 Act, the Department shall not be responsible to provide

24 medical assistance under this Code for any medical care,

25 services, or supplies provided to a person while he or she is

26 an inmate of a public institution as described in subsection
    SB3365 Enrolled  - 249 - LRB104 18483 SSS 31925 b

1 (a). The responsibility for providing medical care shall

2 remain as otherwise provided by law with the Department of

3 Corrections, county, or other arresting authority. The

4 Department may seek federal financial participation, to the

5 extent that it is available and with the cooperation of the

6 Department of Juvenile Justice, the Department of Corrections,

7 or the relevant county, for the costs of those services.

8   (c-1) Notwithstanding subsection (c), the Department may

9 provide medical assistance under this Code for medical care,

10 services, and supplies provided to a person while he or she is

11 an inmate of a public institution as described in subsection

12 (a) only to the extent required by the federal Medicaid

13 program, the Children's Health Insurance Program, or otherwise

14 authorized under a federally approved 1115 Waiver, State Plan

15 Amendment, or other federal authority. The medical care,

16 services, and supplies covered, and any other standards,

17 limitations, or conditions for eligibility and coverage, shall

18 be established by rule by the Department in accordance with

19 the applicable federal requirement, waiver, State Plan

20 amendment, or other authority.

21  (d) To the extent permitted under State and federal law,

22 the Department shall develop procedures to expedite required

23 periodic reviews of continued eligibility for persons

24 described in subsection (a).

25  (e) Counties, the Department of Juvenile Justice, the

26 Department of Human Services, and the Department of
    SB3365 Enrolled       - 250 - LRB104 18483 SSS 31925 b

1 Corrections shall cooperate with the Department in

2 administering this Section. That cooperation shall include

3 managing eligibility processing and sharing information

4 sufficient to inform the Department, in a manner established

5 by the Department, that a person enrolled in the medical

6 assistance program has been detained or incarcerated.

7   (f) The Department shall resume responsibility for

8 providing medical assistance upon release of the person to the

9 community as long as all of the following apply:

10  (1) The person is enrolled for medical assistance at

11  the time of release.

12  (2) Neither a county, the Department of Juvenile

13  Justice, the Department of Corrections, nor any other

14  criminal justice authority continues to bear

15  responsibility for the person's medical care.

16  (3) The county, the Department of Juvenile Justice, or

17  the Department of Corrections provides timely notice of

18  the date of release in a manner established by the

19  Department.

20  (g) This Section applies on and after December 31, 2011.

21 (Source: P.A. 98-139, eff. 1-1-14; 99-415, eff. 8-20-15.)

22                        ARTICLE 190.

23  Section 190-5. The Illinois Public Aid Code is amended by

24 changing Sections 5-30.1 and 5-30.18 as follows:
    SB3365 Enrolled      - 251 - LRB104 18483 SSS 31925 b

1   (305 ILCS 5/5-30.1)

2   Sec. 5-30.1. Managed care protections.

3   (a) As used in this Section:

4   "Managed care organization" or "MCO" means any entity

5 which contracts with the Department to provide services where

6 payment for medical services is made on a capitated basis.

7   "Emergency services" means health care items and services,

8 including inpatient and outpatient hospital services,

9 furnished or required to evaluate and stabilize an emergency

10 medical condition. "Emergency services" include inpatient

11 stabilization services furnished during the inpatient

12 stabilization period. "Emergency services" do not include

13 post-stabilization medical services.

14  "Emergency medical condition" means a medical condition

15 manifesting itself by acute symptoms of sufficient severity,

16 regardless of the final diagnosis given, such that a prudent

17 layperson, who possesses an average knowledge of health and

18 medicine, could reasonably expect the absence of immediate

19 medical attention to result in:

20  (1) placing the health of the individual (or, with

21  respect to a pregnant woman, the health of the woman or her

22  unborn child) in serious jeopardy;

23  (2) serious impairment to bodily functions;

24  (3) serious dysfunction of any bodily organ or part;

25  (4) inadequately controlled pain; or
    SB3365 Enrolled        - 252 - LRB104 18483 SSS 31925 b

1   (5) with respect to a pregnant woman who is having

2   contractions:

3             (A) inadequate time to complete a safe transfer to

4   another hospital before delivery; or

5             (B) a transfer to another hospital may pose a

6   threat to the health or safety of the woman or unborn

7   child.

8   "Emergency medical screening examination" means a medical

9 screening examination and evaluation by a physician licensed

10 to practice medicine in all its branches or, to the extent

11 permitted by applicable laws, by other appropriately licensed

12 personnel under the supervision of or in collaboration with a

13 physician licensed to practice medicine in all its branches to

14 determine whether the need for emergency services exists.

15  "Health care services" means mean any medical or

16 behavioral health services covered under the medical

17 assistance program that are subject to review under a service

18 authorization program.

19  "Inpatient stabilization period" means the initial 72

20 hours of inpatient stabilization services, beginning from the

21 date and time of the order for inpatient admission to the

22 hospital.

23  "Inpatient stabilization services" means mean emergency

24 services furnished in the inpatient setting at a hospital

25 pursuant to an order for inpatient admission by a physician or

26 other qualified practitioner who has admitting privileges at
    SB3365 Enrolled       - 253 - LRB104 18483 SSS 31925 b

1 the hospital, as permitted by State law, to stabilize an

2 emergency medical condition following an emergency medical

3 screening examination.

4   "Post-stabilization medical services" means health care

5 services provided to an enrollee that are furnished in a

6 hospital by a provider that is qualified to furnish such

7 services and determined to be medically necessary by the

8 provider and directly related to the emergency medical

9 condition following stabilization.

10  "Provider" means a facility or individual who is actively

11 enrolled in the medical assistance program and licensed or

12 otherwise authorized to order, prescribe, refer, or render

13 health care services in this State.

14  "Service authorization determination" means a decision

15 made by a service authorization program in advance of,

16 concurrent to, or after the provision of a health care service

17 to approve, change the level of care, partially deny, deny, or

18 otherwise limit coverage and reimbursement for a health care

19 service upon review of a service authorization request.

20  "Service authorization program" means any utilization

21 review, utilization management, peer review, quality review,

22 or other medical management activity conducted by an MCO, or

23 its contracted utilization review organization, including, but

24 not limited to, prior authorization, prior approval,

25 pre-certification, concurrent review, retrospective review, or

26 certification of admission, of health care services provided
    SB3365 Enrolled  - 254 - LRB104 18483 SSS 31925 b

1 in the inpatient or outpatient hospital setting.

2   "Service authorization request" means a request by a

3 provider to a service authorization program to determine

4 whether a health care service meets the reimbursement

5 eligibility requirements for medically necessary, clinically

6 appropriate care, resulting in the issuance of a service

7 authorization determination.

8   "Utilization review organization" or "URO" means an MCO's

9 utilization review department or a peer review organization or

10 quality improvement organization that contracts with an MCO to

11 administer a service authorization program and make service

12 authorization determinations.

13  (b) As provided by Section 5-16.12, managed care

14 organizations are subject to the provisions of the Managed

15 Care Reform and Patient Rights Act.

16  (c) An MCO shall pay any provider of emergency services,

17 including for inpatient stabilization services provided during

18 the inpatient stabilization period, that does not have in

19 effect a contract with the contracted Medicaid MCO. The

20 default rate of reimbursement shall be the rate paid under

21 Illinois Medicaid fee-for-service program methodology,

22 including all policy adjusters, including but not limited to

23 Medicaid High Volume Adjustments, Medicaid Percentage

24 Adjustments, Outpatient High Volume Adjustments, and all

25 outlier add-on adjustments to the extent such adjustments are

26 incorporated in the development of the applicable MCO
    SB3365 Enrolled  - 255 - LRB104 18483 SSS 31925 b

1 capitated rates.

2   (d) (Blank).

3   (e) Notwithstanding any other provision of law, the

4 following requirements apply to MCOs in determining payment

5 for all emergency services, including inpatient stabilization

6 services provided during the inpatient stabilization period:

7   (1) The MCO shall not impose any service authorization

8   program requirements for emergency services, including,

9   but not limited to, prior authorization, prior approval,

10  pre-certification, certification of admission, concurrent

11  review, or retrospective review.

12  (A) Notification period: Hospitals shall notify

13  the enrollee's Medicaid MCO within 48 hours of the

14  date and time the order for inpatient admission is

15  written. Notification shall be limited to advising the

16  MCO that the patient has been admitted to a hospital

17  inpatient level of care.

18  (B) If the admitting hospital complies with the

19  notification provisions of subparagraph (A), the

20  Medicaid MCO may not initiate concurrent review before

21  the end of the inpatient stabilization period. If the

22  admitting hospital does not comply with the

23  notification requirements in subparagraph (A), the

24  Medicaid MCO may initiate concurrent review for the

25  continuation of the stay beginning at the end of the

26  48-hour notification period.
    SB3365 Enrolled      - 256 - LRB104 18483 SSS 31925 b

1   (C) Coverage for services provided during the

2   48-hour notification period may not be retrospectively

3   denied.

4   (2) The MCO shall cover emergency services provided to

5   enrollees who are temporarily away from their residence

6   and outside the contracting area to the extent that the

7   enrollees would be entitled to the emergency services if

8   they still were within the contracting area.

9   (3) The MCO shall have no obligation to cover

10  emergency services provided on an emergency basis that are

11  not covered services under the contract between the MCO

12  and the Department.

13  (4) The MCO shall not condition coverage for emergency

14  services on the treating provider notifying the MCO of the

15  enrollee's emergency medical screening examination and

16  treatment within 10 days after presentation for emergency

17  services.

18  (5) The determination of the attending emergency

19  physician, or the practitioner responsible for the

20  enrollee's care at the hospital, of whether an enrollee

21  requires inpatient stabilization services, can be

22  stabilized in the outpatient setting, or is sufficiently

23  stabilized for discharge or transfer to another setting,

24  shall be binding on the MCO. The MCO shall cover and

25  reimburse providers for emergency services as billed by

26  the provider for all enrollees whether the emergency
    SB3365 Enrolled          - 257 - LRB104 18483 SSS 31925 b

1   services are provided by an affiliated or non-affiliated

2   provider, except in cases of fraud. The MCO shall

3   reimburse inpatient stabilization services provided during

4   the inpatient stabilization period and billed as inpatient

5   level of care based on the appropriate inpatient

6   reimbursement methodology.

7   (6) The MCO's financial responsibility for

8   post-stabilization medical services it has not

9   pre-approved ends when:

10              (A) a plan physician with privileges at the

11  treating hospital assumes responsibility for the

12  enrollee's care;

13              (B) a plan physician assumes responsibility for

14  the enrollee's care through transfer;

15              (C) a contracting entity representative and the

16  treating physician reach an agreement concerning the

17  enrollee's care; or

18              (D) the enrollee is discharged.

19  (e-5) An MCO shall pay for all post-stabilization medical

20 services as a covered service in any of the following

21 situations:

22  (1) the MCO or its URO authorized such services;

23  (2) such services were administered to maintain the

24  enrollee's stabilized condition within one hour after a

25  request to the MCO for authorization of further

26  post-stabilization services;
    SB3365 Enrolled  - 258 - LRB104 18483 SSS 31925 b

1   (3) the MCO or its URO did not respond to a request to

2   authorize such services within one hour;

3   (4) the MCO or its URO could not be contacted; or

4   (5) the MCO or its URO and the treating provider, if

5   the treating provider is a non-affiliated provider, could

6   not reach an agreement concerning the enrollee's care and

7   an affiliated provider was unavailable for a consultation,

8   in which case the MCO must pay for such services rendered

9   by the treating non-affiliated provider until an

10  affiliated provider was reached and either concurred with

11  the treating non-affiliated provider's plan of care or

12  assumed responsibility for the enrollee's care. Such

13  payment shall be made at the default rate of reimbursement

14  paid under the State's Medicaid fee-for-service program

15  methodology, including all policy adjusters, including,

16  but not limited to, Medicaid High Volume Adjustments,

17  Medicaid Percentage Adjustments, Outpatient High Volume

18  Adjustments, and all outlier add-on adjustments to the

19  extent that such adjustments are incorporated in the

20  development of the applicable MCO capitated rates.

21  (f) Network adequacy and transparency.

22  (1) The Department shall:

23  (A) ensure that an adequate provider network is in

24  place, taking into consideration health professional

25  shortage areas and medically underserved areas;

26  (B) publicly release an explanation of its process
    SB3365 Enrolled  - 259 - LRB104 18483 SSS 31925 b

1   for analyzing network adequacy;

2   (C) periodically ensure that an MCO continues to

3   have an adequate network in place;

4   (D) require MCOs, including Medicaid Managed Care

5   Entities as defined in Section 5-30.2, to meet

6   provider directory requirements under Section 5-30.3;

7   (E) require MCOs to ensure that any

8   Medicaid-certified provider under contract with an MCO

9   and previously submitted on a roster on the date of

10  service is paid for any medically necessary,

11  Medicaid-covered, and authorized service rendered to

12  any of the MCO's enrollees, regardless of inclusion on

13  the MCO's published and publicly available directory

14  of available providers; and

15  (F) require MCOs, including Medicaid Managed Care

16  Entities as defined in Section 5-30.2, to meet each of

17  the requirements under subsection (d-5) of Section 10

18  of the Network Adequacy and Transparency Act; with

19  necessary exceptions to the MCO's network to ensure

20  that admission and treatment with a provider or at a

21  treatment facility in accordance with the network

22  adequacy standards in paragraph (3) of subsection

23  (d-5) of Section 10 of the Network Adequacy and

24  Transparency Act is limited to providers or facilities

25  that are Medicaid certified.

26  (2) Each MCO shall confirm its receipt of information
    SB3365 Enrolled        - 260 - LRB104 18483 SSS 31925 b

1   submitted specific to physician or dentist additions or

2   physician or dentist deletions from the MCO's provider

3   network within 3 days after receiving all required

4   information from contracted physicians or dentists, and

5   electronic physician and dental directories must be

6   updated consistent with current rules as published by the

7   Centers for Medicare and Medicaid Services or its

8   successor agency.

9   (g) Timely payment of claims.

10  (1) The MCO shall pay a claim within 30 days of

11  receiving a claim that contains all the essential

12  information needed to adjudicate the claim.

13  (2) The MCO shall notify the billing party of its

14  inability to adjudicate a claim within 30 days of

15  receiving that claim.

16  (3) The MCO shall pay a penalty that is at least equal

17  to the timely payment interest penalty imposed under

18  Section 368a of the Illinois Insurance Code for any claims

19  not timely paid.

20  (A) When an MCO is required to pay a timely payment

21  interest penalty to a provider, the MCO must calculate

22  and pay the timely payment interest penalty that is

23  due to the provider within 30 days after the payment of

24  the claim. In no event shall a provider be required to

25  request or apply for payment of any owed timely

26  payment interest penalties.
    SB3365 Enrolled    - 261 - LRB104 18483 SSS 31925 b

1   (B) Such payments shall be reported separately

2   from the claim payment for services rendered to the

3   MCO's enrollee and clearly identified as interest

4   payments.

5   (4)(A) The Department shall require MCOs to expedite

6   payments to providers identified on the Department's

7   expedited provider list, determined in accordance with 89

8   Ill. Adm. Code 140.71(b), on a schedule at least as

9   frequently as the providers are paid under the

10  Department's fee-for-service expedited provider schedule.

11  (B) Compliance with the expedited provider requirement

12  may be satisfied by an MCO through the use of a Periodic

13  Interim Payment (PIP) program that has been mutually

14  agreed to and documented between the MCO and the provider,

15  if the PIP program ensures that any expedited provider

16  receives regular and periodic payments based on prior

17  period payment experience from that MCO. Total payments

18  under the PIP program may be reconciled against future PIP

19  payments on a schedule mutually agreed to between the MCO

20  and the provider.

21  (C) The Department shall share at least monthly its

22  expedited provider list and the frequency with which it

23  pays providers on the expedited list.

24  (g-5) Recognizing that the rapid transformation of the

25 Illinois Medicaid program may have unintended operational

26 challenges for both payers and providers:
    SB3365 Enrolled      - 262 - LRB104 18483 SSS 31925 b

1   (1) in no instance shall a medically necessary covered

2   service rendered in good faith, based upon eligibility

3   information documented by the provider, be denied coverage

4   or diminished in payment amount if the eligibility or

5   coverage information available at the time the service was

6   rendered is later found to be inaccurate in the assignment

7   of coverage responsibility between MCOs or the

8   fee-for-service system, except for instances when an

9   individual is deemed to have not been eligible for

10  coverage under the Illinois Medicaid program; and

11  (2) the Department shall, by December 31, 2016, adopt

12  rules establishing policies that shall be included in the

13  Medicaid managed care policy and procedures manual

14  addressing payment resolutions in situations in which a

15  provider renders services based upon information obtained

16  after verifying a patient's eligibility and coverage plan

17  through either the Department's current enrollment system

18  or a system operated by the coverage plan identified by

19  the patient presenting for services:

20  (A) such medically necessary covered services

21  shall be considered rendered in good faith;

22  (B) such policies and procedures shall be

23  developed        in  consultation     with         industry

24  representatives of the Medicaid managed care health

25  plans and representatives of provider associations

26  representing the majority of providers within the
    SB3365 Enrolled     - 263 - LRB104 18483 SSS 31925 b

1   identified provider industry; and

2   (C) such rules shall be published for a review and

3   comment period of no less than 30 days on the

4   Department's website with final rules remaining

5   available on the Department's website.

6   The rules on payment resolutions shall include, but

7   not be limited to:

8   (A) the extension of the timely filing period;

9   (B) retroactive prior authorizations; and

10  (C) guaranteed minimum payment rate of no less

11  than the current, as of the date of service,

12  fee-for-service rate, plus all applicable add-ons,

13  when the resulting service relationship is out of

14  network.

15  The rules shall be applicable for both MCO coverage

16  and fee-for-service coverage.

17  If the fee-for-service system is ultimately determined to

18 have been responsible for coverage on the date of service, the

19 Department shall provide for an extended period for claims

20 submission outside the standard timely filing requirements.

21  (g-6) MCO Performance Metrics Report.

22  (1) The Department shall publish, on at least a

23  quarterly basis, each MCO's operational performance,

24  including, but not limited to, the following categories of

25  metrics:

26  (A) claims payment, including timeliness and
    SB3365 Enrolled       - 264 - LRB104 18483 SSS 31925 b

1   accuracy;

2          (B) prior authorizations;

3          (C) grievance and appeals;

4          (D) utilization statistics;

5          (E) provider disputes;

6          (F) provider credentialing; and

7          (G) member and provider customer service.

8   (2) The Department shall ensure that the metrics

9   report is accessible to providers online by January 1,

10  2017.

11  (3) The metrics shall be developed in consultation

12  with industry representatives of the Medicaid managed care

13  health plans and representatives of associations

14  representing the majority of providers within the

15  identified industry.

16  (4) Metrics shall be defined and incorporated into the

17  applicable Managed Care Policy Manual issued by the

18  Department.

19  (g-7) MCO claims processing and performance analysis. In

20 order to monitor MCO payments to hospital providers, pursuant

21 to Public Act 100-580, the Department shall post an analysis

22 of MCO claims processing and payment performance on its

23 website every 6 months. Such analysis shall include a review

24 and evaluation of a representative sample of hospital claims

25 that are rejected and denied for clean and unclean claims and

26 the top 5 reasons for such actions and timeliness of claims
   SB3365 Enrolled  - 265 - LRB104 18483 SSS 31925 b

1 adjudication, which identifies the percentage of claims

2 adjudicated within 30, 60, 90, and over 90 days, and the dollar

3 amounts associated with those claims.

4  (g-8) Dispute resolution process. The Department shall

5 maintain a provider complaint portal through which a provider

6 can submit to the Department unresolved disputes with an MCO.

7 An unresolved dispute means an MCO's decision that denies in

8 whole or in part a claim for reimbursement to a provider for

9 health care services rendered by the provider to an enrollee

10 of the MCO with which the provider disagrees. Disputes shall

11 not be submitted to the portal until the provider has availed

12 itself of the MCO's internal dispute resolution process.

13 Disputes that are submitted to the MCO internal dispute

14 resolution process may be submitted to the Department of

15 Healthcare and Family Services' complaint portal no sooner

16 than 30 days after submitting to the MCO's internal process

17 and not later than 30 days after the unsatisfactory resolution

18 of the internal MCO process or 60 days after submitting the

19 dispute to the MCO internal process. Multiple claim disputes

20 involving the same MCO may be submitted in one complaint,

21 regardless of whether the claims are for different enrollees,

22 when the specific reason for non-payment of the claims

23 involves a common question of fact or policy. Within 10

24 business days of receipt of a complaint, the Department shall

25 present such disputes to the appropriate MCO, which shall then

26 have 30 days to issue its written proposal to resolve the
    SB3365 Enrolled  - 266 - LRB104 18483 SSS 31925 b

1 dispute. The Department may grant one 30-day extension of this

2 time frame to one of the parties to resolve the dispute. If the

3 dispute remains unresolved at the end of this time frame or the

4 provider is not satisfied with the MCO's written proposal to

5 resolve the dispute, the provider may, within 30 days, request

6 the Department to review the dispute and make a final

7 determination. Within 30 days of the request for Department

8 review of the dispute, both the provider and the MCO shall

9 present all relevant information to the Department for

10 resolution and make individuals with knowledge of the issues

11 available to the Department for further inquiry if needed.

12 Within 30 days of receiving the relevant information on the

13 dispute, or the lapse of the period for submitting such

14 information, the Department shall issue a written decision on

15 the dispute based on contractual terms between the provider

16 and the MCO, contractual terms between the MCO and the

17 Department of Healthcare and Family Services and applicable

18 Medicaid policy. The decision of the Department shall be

19 final. By January 1, 2020, the Department shall establish by

20 rule further details of this dispute resolution process.

21 Disputes between MCOs and providers presented to the

22 Department for resolution are not contested cases, as defined

23 in Section 1-30 of the Illinois Administrative Procedure Act,

24 conferring any right to an administrative hearing.

25  (g-9)(1) The Department shall publish annually on its

26 website a report on the calculation of each managed care
    SB3365 Enrolled      - 267 - LRB104 18483 SSS 31925 b

1 organization's medical loss ratio showing the following:

2   (A) Premium revenue, with appropriate adjustments.

3   (B) Benefit expense, setting forth the aggregate

4   amount spent for the following:

5   (i) Direct paid claims.

6   (ii) Subcapitation payments.

7   (iii) Other claim payments.

8   (iv) Direct reserves.

9   (v) Gross recoveries.

10  (vi) Expenses for activities that improve health

11  care quality as allowed by the Department.

12  (2) The medical loss ratio shall be calculated consistent

13 with federal law and regulation following a claims runout

14 period determined by the Department.

15  (g-10)(1) "Liability effective date" means the date on

16 which an MCO becomes responsible for payment for medically

17 necessary and covered services rendered by a provider to one

18 of its enrollees in accordance with the contract terms between

19 the MCO and the provider. The liability effective date shall

20 be the later of:

21  (A) The execution date of a network participation

22  contract agreement.

23  (B) The date the provider or its representative

24  submits to the MCO the complete and accurate standardized

25  roster form for the provider in the format approved by the

26  Department.
    SB3365 Enrolled   - 268 - LRB104 18483 SSS 31925 b

1   (C) The provider effective date contained within the

2   Department's provider enrollment subsystem within the

3   Illinois Medicaid Program Advanced Cloud Technology

4   (IMPACT) System.

5   (2) The standardized roster form may be submitted to the

6 MCO at the same time that the provider submits an enrollment

7 application to the Department through IMPACT.

8   (3) By October 1, 2019, the Department shall require all

9 MCOs to update their provider directory with information for

10 new practitioners of existing contracted providers within 30

11 days of receipt of a complete and accurate standardized roster

12 template in the format approved by the Department provided

13 that the provider is effective in the Department's provider

14 enrollment subsystem within the IMPACT system. Such provider

15 directory shall be readily accessible for purposes of

16 selecting an approved health care provider and comply with all

17 other federal and State requirements.

18  (g-11) The Department shall work with relevant

19 stakeholders on the development of operational guidelines to

20 enhance and improve operational performance of Illinois'

21 Medicaid managed care program, including, but not limited to,

22 improving provider billing practices, reducing claim

23 rejections and inappropriate payment denials, and

24 standardizing processes, procedures, definitions, and response

25 timelines, with the goal of reducing provider and MCO

26 administrative burdens and conflict. The Department shall
    SB3365 Enrolled  - 269 - LRB104 18483 SSS 31925 b

1 include a report on the progress of these program improvements

2 and other topics in its Fiscal Year 2020 annual report to the

3 General Assembly.

4   (g-12) Notwithstanding any other provision of law, if the

5 Department or an MCO requires submission of a claim for

6 payment in a non-electronic format, a provider shall always be

7 afforded a period of no less than 90 business days, as a

8 correction period, following any notification of rejection by

9 either the Department or the MCO to correct errors or

10 omissions in the original submission.

11  Under no circumstances, either by an MCO or under the

12 State's fee-for-service system, shall a provider be denied

13 payment for failure to comply with any timely submission

14 requirements under this Code or under any existing contract,

15 unless the non-electronic format claim submission occurs after

16 the initial 180 days following the latest date of service on

17 the claim, or after the 90 business days correction period

18 following notification to the provider of rejection or denial

19 of payment.

20  (g-13) Utilization Review Standardization and

21 Transparency.

22  (1) To ensure greater standardization and transparency

23  related to service authorization determinations, for all

24  individuals covered under the medical assistance program,

25  including both the fee-for-service and managed care

26  programs, the Department shall, in consultation with the
    SB3365 Enrolled  - 270 - LRB104 18483 SSS 31925 b

1   MCOs, a statewide association representing the MCOs, a

2   statewide association representing the majority of

3   Illinois hospitals, a statewide association representing

4   physicians, or any other interested parties deemed

5   appropriate by the Department, adopt administrative rules

6   consistent with this subsection, in accordance with the

7   Illinois Administrative Procedure Act.

8   (2) No later than July 1, 2025, the Department shall

9   in accordance with the Illinois Administrative Procedure

10  Act file emergency rules, and adopt permanent rules no

11  later than October 1, 2025, which govern MCO practices for

12  dates of services on and after July 1, 2025, as follows:

13  (A) guidelines related to the publication of MCO

14  authorization policies;

15  (B) procedures that, due to medical complexity,

16  must be reimbursed under the applicable inpatient

17  methodology, when provided in the inpatient setting

18  and billed as an inpatient service;

19  (C) standardization of administrative forms used

20  in the member appeal process;

21  (D) limitations on second or subsequent medical

22  necessity review of a health care service already

23  authorized by the MCO or URO under a service

24  authorization program;

25  (E) standardization of peer-to-peer processes and

26  timelines;
    SB3365 Enrolled  - 271 - LRB104 18483 SSS 31925 b

1   (F) defined criteria for urgent and standard

2   post-acute care and long-term acute care service

3   authorization requests; and

4   (G) standardized criteria for service

5   authorization programs for authorization of admission

6   to a long-term acute care hospital.

7   (3) The Department shall expand the scope of the

8   quality and compliance audits conducted by its contracted

9   external quality review organization to include, but not

10  be limited to:

11  (A) an analysis of the Medicaid MCO's compliance

12  with nationally recognized clinical decision

13  guidelines;

14  (B) an analysis that compares and contrasts the

15  Medicaid MCO's service authorization determination

16  outcomes to the outcomes of each other MCO plan and the

17  State's fee-for-service program model to evaluate

18  whether service authorization determinations are being

19  made consistently by all Medicaid MCOs to ensure that

20  all individuals are being treated in accordance with

21  equitable standards of care;

22  (C) an analysis, for each Medicaid MCO, of the

23  number of service authorization requests, including

24  requests for concurrent review and certification of

25  admissions, received, initially denied, overturned

26  through any post-denial process including, but not
    SB3365 Enrolled  - 272 - LRB104 18483 SSS 31925 b

1   limited to, enrollee or provider appeal, peer-to-peer

2   review, or the provider dispute resolution process,

3   denied but approved for a lower or different level of

4   care, and the number denied on final determination;

5   and

6             (D) provide a written report to the General

7   Assembly, detailing the items listed in this

8   subsection and any other metrics deemed necessary by

9   the Department, by the second April, following June 7,

10  2024 (the effective date of Public Act 103-593), and

11  each April thereafter. The Department shall make this

12  report available within 30 days of delivery to the

13  General Assembly, on its public facing website.

14  (h) The Department shall not expand mandatory MCO

15 enrollment into new counties beyond those counties already

16 designated by the Department as of June 1, 2014 for the

17 individuals whose eligibility for medical assistance is not

18 the seniors or people with disabilities population until the

19 Department provides an opportunity for accountable care

20 entities and MCOs to participate in such newly designated

21 counties.

22  (h-5) Leading indicator data sharing. By January 1, 2024,

23 the Department shall obtain input from the Department of Human

24 Services, the Department of Juvenile Justice, the Department

25 of Children and Family Services, the State Board of Education,

26 managed care organizations, providers, and clinical experts to
SB3365 Enrolled  - 273 - LRB104 18483 SSS 31925 b

 1 identify and analyze key indicators and data elements that can
 2 be used in an analysis of lead indicators from assessments and
 3 data sets available to the Department that can be shared with
 4 managed care organizations and similar care coordination
 5 entities contracted with the Department as leading indicators
 6 for elevated behavioral health crisis risk for children,
 7 including data sets such as the Illinois Medicaid
 8 Comprehensive Assessment of Needs and Strengths (IM-CANS),
 9 calls made to the State's Crisis and Referral Entry Services
10 (CARES) hotline, health services information from Health and
11 Human Services Innovators, or other data sets that may include
12 key indicators. The workgroup shall complete its
13 recommendations for leading indicator data elements on or
14 before September 1, 2024. To the extent permitted by State and
15 federal law, the identified leading indicators shall be shared
16 with managed care organizations and similar care coordination
17 entities contracted with the Department on or before December
18 1, 2024 for the purpose of improving care coordination with
19 the early detection of elevated risk. Leading indicators shall
20 be reassessed annually with stakeholder input. The Department
21 shall implement guidance to managed care organizations and
22 similar care coordination entities contracted with the
23 Department, so that the managed care organizations and care
24 coordination entities respond to lead indicators with services
25 and interventions that are designed to help stabilize the
26 child.
    SB3365 Enrolled  - 274 - LRB104 18483 SSS 31925 b

1   (i) The requirements of this Section apply to contracts

2 with accountable care entities and MCOs entered into, amended,

3 or renewed after June 16, 2014 (the effective date of Public

4 Act 98-651).

5   (j) Health care information released to managed care

6 organizations. A health care provider shall release to a

7 Medicaid managed care organization, upon request, and subject

8 to the Health Insurance Portability and Accountability Act of

9 1996 and any other law applicable to the release of health

10 information, the health care information of the MCO's

11 enrollee, if the enrollee has completed and signed a general

12 release form that grants to the health care provider

13 permission to release the recipient's health care information

14 to the recipient's insurance carrier.

15  (k) The Department of Healthcare and Family Services,

16 managed care organizations, a statewide organization

17 representing hospitals, and a statewide organization

18 representing safety-net hospitals shall explore ways to

19 support billing departments in safety-net hospitals.

20  (l) The requirements of this Section added by Public Act

21 102-4 shall apply to services provided on or after the first

22 day of the month that begins 60 days after April 27, 2021 (the

23 effective date of Public Act 102-4).

24  (m) Except where otherwise expressly specified, the

25 requirements of this Section added by Public Act 103-593 shall

26 apply to services provided on and after July 1, 2027 July 1,
    SB3365 Enrolled       - 275 - LRB104 18483 SSS 31925 b

1 2026.
2 (Source: P.A. 103-546, eff. 8-11-23; 103-593, eff. 6-7-24;
3 103-885, eff. 8-9-24; 104-9, eff. 6-16-25; 104-417, eff.
4 8-15-25.)

5   (305 ILCS 5/5-30.18)

6   (Section scheduled to be repealed on December 31, 2030)

7   Sec. 5-30.18. Service authorization program performance.

8   (a) Definitions. As used in this Section:

9   "Gold Card provider" means a provider identified by each

10 Medicaid Managed Care Organization (MCO) as qualified under

11 the guidelines outlined by the Department in accordance with

12 subsection (c) and thereby granted a service authorization

13 exemption when ordering a health care service.

14  "Health care service" means any medical or behavioral

15 health service covered under the medical assistance program

16 that is rendered in the inpatient or outpatient hospital

17 setting, including hospital-based clinics, and subject to

18 review under a service authorization program.

19  "Provider" means an individual actively enrolled in the

20 medical assistance program and licensed or otherwise

21 authorized to order, prescribe, refer, or render health care

22 services in this State, and, as determined by the Department,

23 may also include hospitals that submit service authorization

24 requests.

25  "Service authorization exemption" means an exception
    SB3365 Enrolled  - 276 - LRB104 18483 SSS 31925 b

1 granted by a Medicaid MCO to a provider under which all service

2 authorization requests for covered health care services,

3 excluding pharmacy services and durable medical equipment, are

4 automatically deemed to be medically necessary, clinically

5 appropriate, and approved for reimbursement as ordered.

6   "Service authorization program" means any utilization

7 review, utilization management, peer review, quality review,

8 or other medical management activity conducted in advance of,

9 concurrent to, or after the provision of a health care service

10 by a Medicaid MCO, either directly or through a contracted

11 utilization review organization (URO), including, but not

12 limited to, prior authorization, pre-certification,

13 certification of admission, concurrent review, and

14 retrospective review of health care services.

15  "Service authorization request" means a request by a

16 provider to a service authorization program to determine

17 whether a health care service that is otherwise covered under

18 the medical assistance program meets the reimbursement

19 requirements established by the Medicaid MCO, or its

20 contracted URO, for medically necessary, clinically

21 appropriate care and to issue a service authorization

22 determination.

23  "Utilization review organization" or "URO" means a managed

24 care organization or other entity that has established or

25 administers one or more service authorization programs.

26  (b) In consultation with the Medicaid MCOs, a statewide
    SB3365 Enrolled  - 277 - LRB104 18483 SSS 31925 b

1 association representing managed care organizations, a

2 statewide association representing the majority of Illinois

3 hospitals, and a statewide association representing

4 physicians, the Department shall in accordance with the

5 Illinois Administrative Procedure Act, adopt administrative

6 rules no later than October July 1, 2026, consistent with this

7 Section, to require each Medicaid MCO to identify Gold Card

8 providers with such identification initially being effective

9 for health care services provided on and after January 1, 2027

10 July 1, 2026.

11  (c) The Department shall adopt rules, in accordance with

12 the Illinois Administrative Procedure Act, to implement this

13 Section that include, but are not limited to, the following

14 provisions:

15  (1) Require each Medicaid MCO to provide a service

16  authorization exemption to a provider if the provider has

17  submitted at least 50 service authorization requests to

18  its service authorization program in the preceding

19  calendar year and the service authorization program

20  approved at least 90% of all service authorization

21  requests, regardless of the type of health care services

22  requested.

23  (2) Require that service authorization exemptions be

24  limited to services provided in an inpatient or outpatient

25  hospital setting inclusive of hospital-based clinics.

26  Service authorization exemptions under this Section shall
    SB3365 Enrolled          - 278 - LRB104 18483 SSS 31925 b

1   not pertain to pharmacy services and durable medical

2   equipment and supplies.

3   (3) The service authorization exemption shall be valid

4   for at least one year, shall be made by each Medicaid MCO

5   or its URO, and shall be binding on the Medicaid MCO and

6   its URO.

7   (4) The provider shall be required to continue to

8   document medically necessary, clinically appropriate care

9   and submit such documentation to the Medicaid MCO for the

10  purpose of continuous performance monitoring. If a

11  provider fails to maintain the 90% service authorization

12  standard, as determined on no more frequent a basis than

13  bi-annually, the provider's service authorization

14  exemption is subject to temporary or permanent suspension.

15  (5) Require that each Medicaid MCO publish on its

16  provider portal a list of all providers that have

17  qualified for a service authorization exemption or

18  indicate that a provider has qualified for a service

19  authorization exemption on its provider-facing provider

20  roster.

21  (6) Require that no later than June 1 of each calendar

22  year, each Medicaid MCO shall provide written notification

23  to all providers who qualify for a service authorization

24  exemption, for the subsequent State fiscal year.

25  (7) Require that each Medicaid MCO or its URO use the

26  policies and guidelines published by the Department to
    SB3365 Enrolled   - 279 - LRB104 18483 SSS 31925 b

1   evaluate whether a provider meets the criteria to qualify

2   for a service authorization exemption and the conditions

3   under which a service authorization exemption may be

4   rescinded, including review of the provider's service

5   authorization determinations during the preceding calendar

6   year.

7   (8) Require each Medicaid MCO to provide the

8   Department a list of all providers who were denied a

9   service authorization exemption or had a previously

10  granted service authorization exemption suspended, with

11  such denials being subject to an annual audit conducted by

12  an independent third-party URO to ensure their

13  appropriateness.

14         (A) The independent third-party URO shall issue a

15  written report consistent with this paragraph.

16         (B) The independent third-party URO shall not be

17  owned by, affiliated with, or employed by any Medicaid

18  MCO or its contracted URO, nor shall it have any

19  financial interest in the Medicaid MCO's service

20  authorization exemption program.

21  (d) Each Medicaid MCO must have a standard method to

22 accept and process professional claims and facility claims, as

23 billed by the provider, for a health care service that is

24 rendered, prescribed, or ordered by a provider granted a

25 service authorization exemption, except in cases of fraud.

26  (e) A service authorization program shall not deny,
    SB3365 Enrolled      - 280 - LRB104 18483 SSS 31925 b

1 partially deny, reduce the level of care, or otherwise limit

2 reimbursement to the rendering or supervising provider,

3 including the rendering facility, for health care services

4 ordered by a provider who qualifies for a service

5 authorization exemption, except in cases of fraud.

6   (f) This Section is repealed on December 31, 2030.

7 (Source: P.A. 103-593, eff. 6-7-24; 104-9, eff. 6-16-25.)

8                        ARTICLE 195.

9   Section 195-5. The Illinois Insurance Code is amended by

10 changing Section 370c.1 as follows:

11  (215 ILCS 5/370c.1)

12  Sec. 370c.1. Mental, emotional, nervous, or substance use

13 disorder or condition parity.

14  (a) On and after July 23, 2021 (the effective date of

15 Public Act 102-135), every insurer that amends, delivers,

16 issues, or renews a group or individual policy of accident and

17 health insurance or a qualified health plan offered through

18 the Health Insurance Marketplace in this State providing

19 coverage for hospital or medical treatment and for the

20 treatment of mental, emotional, nervous, or substance use

21 disorders or conditions shall ensure prior to policy issuance

22 that:

23        (1) the financial requirements applicable to such
    SB3365 Enrolled            - 281 - LRB104 18483 SSS 31925 b

1   mental, emotional, nervous, or substance use disorder or

2   condition benefits are no more restrictive than the

3   predominant financial requirements applied to

4   substantially all hospital and medical benefits covered by

5   the policy and that there are no separate cost-sharing

6   requirements that are applicable only with respect to

7   mental, emotional, nervous, or substance use disorder or

8   condition benefits; and

9   (2) the treatment limitations applicable to such

10  mental, emotional, nervous, or substance use disorder or

11  condition benefits are no more restrictive than the

12  predominant treatment limitations applied to substantially

13  all hospital and medical benefits covered by the policy

14  and that there are no separate treatment limitations that

15  are applicable only with respect to mental, emotional,

16  nervous, or substance use disorder or condition benefits.

17  (b) The following provisions shall apply concerning

18 aggregate lifetime limits:

19  (1) In the case of a group or individual policy of

20  accident and health insurance or a qualified health plan

21  offered through the Health Insurance Marketplace amended,

22  delivered, issued, or renewed in this State on or after

23  September 9, 2015 (the effective date of Public Act

24  99-480) that provides coverage for hospital or medical

25  treatment and for the treatment of mental, emotional,

26  nervous, or substance use disorders or conditions the
    SB3365 Enrolled  - 282 - LRB104 18483 SSS 31925 b

1   following provisions shall apply:

2   (A) if the policy does not include an aggregate

3   lifetime limit on substantially all hospital and

4   medical benefits, then the policy may not impose any

5   aggregate lifetime limit on mental, emotional,

6   nervous, or substance use disorder or condition

7   benefits; or

8   (B) if the policy includes an aggregate lifetime

9   limit on substantially all hospital and medical

10  benefits (in this subsection referred to as the

11  "applicable lifetime limit"), then the policy shall

12  either:

13                   (i) apply the applicable lifetime limit both

14  to the hospital and medical benefits to which it

15  otherwise would apply and to mental, emotional,

16  nervous, or substance use disorder or condition

17  benefits and not distinguish in the application of

18  the limit between the hospital and medical

19  benefits and mental, emotional, nervous, or

20  substance use disorder or condition benefits; or

21                   (ii) not include any aggregate lifetime limit

22  on mental, emotional, nervous, or substance use

23  disorder or condition benefits that is less than

24  the applicable lifetime limit.

25  (2) In the case of a policy that is not described in

26  paragraph (1) of subsection (b) of this Section and that
    SB3365 Enrolled  - 283 - LRB104 18483 SSS 31925 b

1   includes no or different aggregate lifetime limits on

2   different categories of hospital and medical benefits, the

3   Director shall establish rules under which subparagraph

4   (B) of paragraph (1) of subsection (b) of this Section is

5   applied to such policy with respect to mental, emotional,

6   nervous, or substance use disorder or condition benefits

7   by substituting for the applicable lifetime limit an

8   average aggregate lifetime limit that is computed taking

9   into account the weighted average of the aggregate

10  lifetime limits applicable to such categories.

11  (c) The following provisions shall apply concerning annual

12 limits:

13          (1) In the case of a group or individual policy of

14  accident and health insurance or a qualified health plan

15  offered through the Health Insurance Marketplace amended,

16  delivered, issued, or renewed in this State on or after

17  September 9, 2015 (the effective date of Public Act

18  99-480) that provides coverage for hospital or medical

19  treatment and for the treatment of mental, emotional,

20  nervous, or substance use disorders or conditions the

21  following provisions shall apply:

22          (A) if the policy does not include an annual limit

23          on substantially all hospital and medical benefits,

24          then the policy may not impose any annual limits on

25          mental, emotional, nervous, or substance use disorder

26          or condition benefits; or
    SB3365 Enrolled  - 284 - LRB104 18483 SSS 31925 b

1   (B) if the policy includes an annual limit on

2   substantially all hospital and medical benefits (in

3   this subsection referred to as the "applicable annual

4   limit"), then the policy shall either:

5                    (i) apply the applicable annual limit both to

6   the hospital and medical benefits to which it

7   otherwise would apply and to mental, emotional,

8   nervous, or substance use disorder or condition

9   benefits and not distinguish in the application of

10  the limit between the hospital and medical

11  benefits and mental, emotional, nervous, or

12  substance use disorder or condition benefits; or

13                   (ii) not include any annual limit on mental,

14  emotional, nervous, or substance use disorder or

15  condition benefits that is less than the

16  applicable annual limit.

17  (2) In the case of a policy that is not described in

18  paragraph (1) of subsection (c) of this Section and that

19  includes no or different annual limits on different

20  categories of hospital and medical benefits, the Director

21  shall establish rules under which subparagraph (B) of

22  paragraph (1) of subsection (c) of this Section is applied

23  to such policy with respect to mental, emotional, nervous,

24  or substance use disorder or condition benefits by

25  substituting for the applicable annual limit an average

26  annual limit that is computed taking into account the
    SB3365 Enrolled  - 285 - LRB104 18483 SSS 31925 b

1   weighted average of the annual limits applicable to such

2   categories.

3   (d) With respect to mental, emotional, nervous, or

4 substance use disorders or conditions, an insurer shall use

5 policies and procedures for the election and placement of

6 mental, emotional, nervous, or substance use disorder or

7 condition treatment drugs on its their formulary that are no

8 less favorable to the insured as those policies and procedures

9 the insurer uses for the selection and placement of drugs for

10 medical or surgical conditions and shall follow the expedited

11 coverage determination requirements for substance abuse

12 treatment drugs set forth in Section 45.2 of the Managed Care

13 Reform and Patient Rights Act.

14  (e) This Section shall be interpreted in a manner

15 consistent with all applicable federal parity regulations

16 including, but not limited to, the Paul Wellstone and Pete

17 Domenici Mental Health Parity and Addiction Equity Act of

18 2008, final regulations issued under the Paul Wellstone and

19 Pete Domenici Mental Health Parity and Addiction Equity Act of

20 2008 and final regulations applying the Paul Wellstone and

21 Pete Domenici Mental Health Parity and Addiction Equity Act of

22 2008 to Medicaid managed care organizations, the Children's

23 Health Insurance Program, and alternative benefit plans.

24  (f) The provisions of subsections (b) and (c) of this

25 Section shall not be interpreted to allow the use of lifetime

26 or annual limits otherwise prohibited by State or federal law.
    SB3365 Enrolled             - 286 - LRB104 18483 SSS 31925 b

1   (g) As used in this Section:

2   "Financial requirement" includes deductibles, copayments,

3 coinsurance, and out-of-pocket maximums, but does not include

4 an aggregate lifetime limit or an annual limit subject to

5 subsections (b) and (c).

6   "Mental, emotional, nervous, or substance use disorder or

7 condition" means a condition or disorder that involves a

8 mental health condition or substance use disorder that falls

9 under any of the diagnostic categories listed in the mental

10 and behavioral disorders chapter of the current edition of the

11 International Classification of Disease or that is listed in

12 the most recent version of the Diagnostic and Statistical

13 Manual of Mental Disorders.

14  "Treatment limitation" includes limits on benefits based

15 on the frequency of treatment, number of visits, days of

16 coverage, days in a waiting period, or other similar limits on

17 the scope or duration of treatment. "Treatment limitation"

18 includes both quantitative treatment limitations, which are

19 expressed numerically (such as 50 outpatient visits per year),

20 and nonquantitative treatment limitations, which otherwise

21 limit the scope or duration of treatment. A permanent

22 exclusion of all benefits for a particular condition or

23 disorder shall not be considered a treatment limitation.

24 "Nonquantitative treatment limitations" means those

25 limitations as described under federal regulations (26 CFR

26 54.9812-1). "Nonquantitative treatment limitations" include,
    SB3365 Enrolled  - 287 - LRB104 18483 SSS 31925 b

1 but are not limited to, those limitations described under

2 federal regulations 26 CFR 54.9812-1, 29 CFR 2590.712, and 45

3 CFR 146.136.

4   (h) The Department of Insurance shall implement the

5 following education initiatives:

6   (1) By January 1, 2016, the Department shall develop a

7   plan for a Consumer Education Campaign on parity. The

8   Consumer Education Campaign shall focus its efforts

9   throughout the State and include trainings in the

10  northern, southern, and central regions of the State, as

11  defined by the Department, as well as each of the 5 managed

12  care regions of the State as identified by the Department

13  of Healthcare and Family Services. Under this Consumer

14  Education Campaign, the Department shall: (1) by January

15  1, 2017, provide at least one live training in each region

16  on parity for consumers and providers and one webinar

17  training to be posted on the Department website and (2)

18  establish a consumer hotline to assist consumers in

19  navigating the parity process by March 1, 2017. By January

20  1, 2018 the Department shall issue a report to the General

21  Assembly on the success of the Consumer Education

22  Campaign, which shall indicate whether additional training

23  is necessary or would be recommended.

24  (2) (Blank).

25  (3) Not later than March January 1 of each year,

26  beginning in calendar year 2027, the Department, in
    SB3365 Enrolled      - 288 - LRB104 18483 SSS 31925 b

1   conjunction with the Department of Healthcare and Family

2   Services, shall issue a joint report to the General

3   Assembly. The joint report shall be posted on each

4   respective department's website and provide an educational

5   presentation to the General Assembly. The report and

6   presentation shall:

7   (A) Cover the methodology the Departments use to

8   check for compliance with the federal Paul Wellstone

9   and Pete Domenici Mental Health Parity and Addiction

10  Equity Act of 2008, 42 U.S.C. 18031(j), and any

11  federal regulations or guidance relating to the

12  compliance and oversight of the federal Paul Wellstone

13  and Pete Domenici Mental Health Parity and Addiction

14  Equity Act of 2008 and 42 U.S.C. 18031(j).

15  (B) Cover the methodology the Departments use to

16  check for compliance with this Section and Sections

17  356z.23 and 370c of this Code.

18  (C) Identify market conduct examinations or, in

19  the case of the Department of Healthcare and Family

20  Services, audits conducted or completed during the

21  preceding 12-month period regarding compliance with

22  parity in mental, emotional, nervous, and substance

23  use disorder or condition benefits under State and

24  federal laws and summarize the results of such market

25  conduct examinations and audits. This shall include:

26                   (i) the number of market conduct examinations
    SB3365 Enrolled  - 289 - LRB104 18483 SSS 31925 b

1   and audits initiated and completed;

2                    (ii) the benefit classifications examined by

3   each market conduct examination and audit;

4                    (iii) the subject matter of each market

5   conduct examination and audit, including

6   quantitative and nonquantitative treatment

7   limitations; and

8                    (iv) a summary of the basis for the final

9   decision rendered in each market conduct

10  examination and audit.

11  Individually identifiable information shall be

12  excluded from the reports consistent with federal

13  privacy protections.

14  (D) Detail any educational or corrective actions

15  the Departments have taken to ensure compliance with

16  the federal Paul Wellstone and Pete Domenici Mental

17  Health Parity and Addiction Equity Act of 2008, 42

18  U.S.C. 18031(j), this Section, and Sections 356z.23

19  and 370c of this Code.

20  (E) The report must be written in non-technical,

21  readily understandable language and shall be made

22  available to the public by, among such other means as

23  the Departments find appropriate, posting the report

24  on the Departments' websites.

25  (i) The Parity Advancement Fund is created as a special

26 fund in the State treasury. Moneys from fines and penalties
    SB3365 Enrolled         - 290 - LRB104 18483 SSS 31925 b

1 collected from insurers for violations of this Section shall

2 be deposited into the Fund. Moneys deposited into the Fund for

3 appropriation by the General Assembly to the Department shall

4 be used for the purpose of providing financial support of the

5 Consumer Education Campaign, parity compliance advocacy, and

6 other initiatives that support parity implementation and

7 enforcement on behalf of consumers.

8   (j) (Blank).

9   (j-5) The Department of Insurance shall collect the

10 following information:

11       (1) The number of employment disability insurance

12  plans offered in this State, including, but not limited

13  to:

14       (A) individual short-term policies;

15       (B) individual long-term policies;

16       (C) group short-term policies; and

17       (D) group long-term policies.

18       (2) The number of policies referenced in paragraph (1)

19  of this subsection that limit mental health and substance

20  use disorder benefits.

21       (3) The average defined benefit period for the

22  policies referenced in paragraph (1) of this subsection,

23  both for those policies that limit and those policies that

24  have no limitation on mental health and substance use

25  disorder benefits.

26       (4) Whether the policies referenced in paragraph (1)
    SB3365 Enrolled       - 291 - LRB104 18483 SSS 31925 b

1   of this subsection are purchased on a voluntary or

2   non-voluntary basis.

3   (5) The identities of the individuals, entities, or a

4   combination of the 2 that assume the cost associated with

5   covering the policies referenced in paragraph (1) of this

6   subsection.

7   (6) The average defined benefit period for plans that

8   cover physical disability and mental health and substance

9   abuse without limitation, including, but not limited to:

10  (A) individual short-term policies;

11  (B) individual long-term policies;

12  (C) group short-term policies; and

13  (D) group long-term policies.

14  (7) The average premiums for disability income

15  insurance issued in this State for:

16  (A) individual short-term policies that limit

17  mental health and substance use disorder benefits;

18  (B) individual long-term policies that limit

19  mental health and substance use disorder benefits;

20  (C) group short-term policies that limit mental

21  health and substance use disorder benefits;

22  (D) group long-term policies that limit mental

23  health and substance use disorder benefits;

24  (E) individual short-term policies that include

25  mental health and substance use disorder benefits

26  without limitation;
    SB3365 Enrolled      - 292 - LRB104 18483 SSS 31925 b

1   (F) individual long-term policies that include

2   mental health and substance use disorder benefits

3   without limitation;

4   (G) group short-term policies that include mental

5   health and substance use disorder benefits without

6   limitation; and

7   (H) group long-term policies that include mental

8   health and substance use disorder benefits without

9   limitation.

10  The Department shall present its findings regarding

11 information collected under this subsection (j-5) to the

12 General Assembly no later than April 30, 2024. Information

13 regarding a specific insurance provider's contributions to the

14 Department's report shall be exempt from disclosure under

15 paragraph (t) of subsection (1) of Section 7 of the Freedom of

16 Information Act. The aggregated information gathered by the

17 Department shall not be exempt from disclosure under paragraph

18 (t) of subsection (1) of Section 7 of the Freedom of

19 Information Act.

20  (k) An insurer that amends, delivers, issues, or renews a

21 group or individual policy of accident and health insurance or

22 a qualified health plan offered through the health insurance

23 marketplace in this State providing coverage for hospital or

24 medical treatment and for the treatment of mental, emotional,

25 nervous, or substance use disorders or conditions shall submit

26 an annual report, the format and definitions for which will be
    SB3365 Enrolled    - 293 - LRB104 18483 SSS 31925 b

1 determined by the Department and the Department of Healthcare

2 and Family Services and posted on their respective websites,

3 starting on September 1, 2023 and annually thereafter, that

4 contains the following information separately for inpatient

5 in-network benefits, inpatient out-of-network benefits,

6 outpatient in-network benefits, outpatient out-of-network

7 benefits, emergency care benefits, and prescription drug

8 benefits in the case of accident and health insurance or

9 qualified health plans, or inpatient, outpatient, emergency

10 care, and prescription drug benefits in the case of medical

11 assistance:

12  (1) A summary of the plan's pharmacy management

13  processes for mental, emotional, nervous, or substance use

14  disorder or condition benefits compared to those for other

15  medical benefits.

16  (2) A summary of the internal processes of review for

17  experimental benefits and unproven technology for mental,

18  emotional, nervous, or substance use disorder or condition

19  benefits and those for other medical benefits.

20  (3) A summary of how the plan's policies and

21  procedures for utilization management for mental,

22  emotional, nervous, or substance use disorder or condition

23  benefits compare to those for other medical benefits.

24  (4) A description of the process used to develop or

25  select the medical necessity criteria for mental,

26  emotional, nervous, or substance use disorder or condition
    SB3365 Enrolled  - 294 - LRB104 18483 SSS 31925 b

1   benefits and the process used to develop or select the

2   medical necessity criteria for medical and surgical

3   benefits.

4   (5) Identification of all nonquantitative treatment

5   limitations that are applied to both mental, emotional,

6   nervous, or substance use disorder or condition benefits

7   and medical and surgical benefits within each

8   classification of benefits.

9   (6) The results of an analysis that demonstrates that

10  for the medical necessity criteria described in

11  subparagraph (A) and for each nonquantitative treatment

12  limitation identified in subparagraph (B), as written and

13  in operation, the processes, strategies, evidentiary

14  standards, or other factors used in applying the medical

15  necessity criteria and each nonquantitative treatment

16  limitation to mental, emotional, nervous, or substance use

17  disorder or condition benefits within each classification

18  of benefits are comparable to, and are applied no more

19  stringently than, the processes, strategies, evidentiary

20  standards, or other factors used in applying the medical

21  necessity criteria and each nonquantitative treatment

22  limitation to medical and surgical benefits within the

23  corresponding classification of benefits; at a minimum,

24  the results of the analysis shall:

25  (A) identify the factors used to determine that a

26  nonquantitative treatment limitation applies to a
    SB3365 Enrolled     - 295 - LRB104 18483 SSS 31925 b

1   benefit, including factors that were considered but

2   rejected;

3   (B) identify and define the specific evidentiary

4   standards used to define the factors and any other

5   evidence relied upon in designing each nonquantitative

6   treatment limitation;

7   (C) provide the comparative analyses, including

8   the results of the analyses, performed to determine

9   that the processes and strategies used to design each

10  nonquantitative treatment limitation, as written, for

11  mental, emotional, nervous, or substance use disorder

12  or condition benefits are comparable to, and are

13  applied no more stringently than, the processes and

14  strategies used to design each nonquantitative

15  treatment limitation, as written, for medical and

16  surgical benefits;

17  (D) provide the comparative analyses, including

18  the results of the analyses, performed to determine

19  that the processes and strategies used to apply each

20  nonquantitative treatment limitation, in operation,

21  for mental, emotional, nervous, or substance use

22  disorder or condition benefits are comparable to, and

23  applied no more stringently than, the processes or

24  strategies used to apply each nonquantitative

25  treatment limitation, in operation, for medical and

26  surgical benefits; and
    SB3365 Enrolled  - 296 - LRB104 18483 SSS 31925 b

1   (E) disclose the specific findings and conclusions

2   reached by the insurer that the results of the

3   analyses described in subparagraphs (C) and (D)

4   indicate that the insurer is in compliance with this

5   Section and the Mental Health Parity and Addiction

6   Equity Act of 2008 and its implementing regulations,

7   which include includes 42 CFR Parts 438, 440, and 457

8   and 45 CFR 146.136 and any other related federal

9   regulations found in the Code of Federal Regulations.

10  (7) Any other information necessary to clarify data

11  provided in accordance with this Section requested by the

12  Director, including information that may be proprietary or

13  have commercial value, under the requirements of Section

14  30 of the Viatical Settlements Act of 2009.

15  (l) An insurer that amends, delivers, issues, or renews a

16 group or individual policy of accident and health insurance or

17 a qualified health plan offered through the health insurance

18 marketplace in this State providing coverage for hospital or

19 medical treatment and for the treatment of mental, emotional,

20 nervous, or substance use disorders or conditions on or after

21 January 1, 2019 (the effective date of Public Act 100-1024)

22 shall, in advance of the plan year, make available to the

23 Department or, with respect to medical assistance, the

24 Department of Healthcare and Family Services and to all plan

25 participants and beneficiaries the information required in

26 subparagraphs (C) through (E) of paragraph (6) of subsection
    SB3365 Enrolled  - 297 - LRB104 18483 SSS 31925 b

1 (k). For plan participants and medical assistance

2 beneficiaries, the information required in subparagraphs (C)

3 through (E) of paragraph (6) of subsection (k) shall be made

4 available on a publicly available website whose web address is

5 prominently displayed in plan and managed care organization

6 informational and marketing materials.

7   (m) In conjunction with its compliance examination program

8 conducted in accordance with the Illinois State Auditing Act,

9 the Auditor General shall undertake a review of compliance by

10 the Department and the Department of Healthcare and Family

11 Services with Section 370c and this Section. Any findings

12 resulting from the review conducted under this Section shall

13 be included in the applicable State agency's compliance

14 examination report. Each compliance examination report shall

15 be issued in accordance with Section 3-14 of the Illinois

16 State Auditing Act. A copy of each report shall also be

17 delivered to the head of the applicable State agency and

18 posted on the Auditor General's website.

19 (Source: P.A. 103-94, eff. 1-1-24; 103-105, eff. 6-27-23;

20 103-605, eff. 7-1-24; 104-334, eff. 8-15-25.)

21                   ARTICLE 200.

22  Section 200-5. The Illinois Public Aid Code is amended by

23 changing Sections 5F-10, 5F-15, and 5F-35 as follows:
    SB3365 Enrolled     - 298 - LRB104 18483 SSS 31925 b

1   (305 ILCS 5/5F-10)

2   Sec. 5F-10. Scope. This Article applies to policies and

3 contracts amended, delivered, issued, or renewed on or after

4 the effective date of this amendatory Act of the 98th General

5 Assembly for the nursing home component of the

6 Medicare-Medicaid Alignment Initiative and the Managed

7 Long-Term Services and Support Program, a fully integrated

8 dual eligible special needs plan, or any managed care plan for

9 persons who are dually eligible for Medicare and Medicaid.

10 This Article does not diminish a managed care organization's

11 duties and responsibilities under other federal or State laws

12 or rules adopted under those laws and the 3-way

13 Medicare-Medicaid Alignment Initiative contract and the

14 Managed Long-Term Services and Support Program contract.

15 (Source: P.A. 98-651, eff. 6-16-14; 99-719, eff. 1-1-17.)

16  (305 ILCS 5/5F-15)

17  Sec. 5F-15. Definitions. As used in this Article:

18  "Appeal" means any of the procedures that deal with the

19 review of adverse organization determinations on the health

20 care services the enrollee believes he or she is entitled to

21 receive, including delay in providing, arranging for, or

22 approving the health care services, such that a delay would

23 adversely affect the health of the enrollee or on any amounts

24 the enrollee must pay for a service, as defined under 42 CFR

25 422.566(b). These procedures include reconsiderations by the
    SB3365 Enrolled           - 299 - LRB104 18483 SSS 31925 b

1 managed care organization and, if necessary, an independent

2 review entity as provided by the Health Carrier External

3 Review Act, hearings before administrative law judges, review

4 by the Medicare Appeals Council, and judicial review.

5   "Demonstration Project" means the nursing home component

6 of the Medicare-Medicaid Alignment Initiative Demonstration

7 Project, a fully integrated dual eligible special needs plan,

8 or any managed care plan for persons who are dually eligible

9 for Medicare and Medicaid.

10  "Department" means the Department of Healthcare and Family

11 Services.

12  "Enrollee" means an individual who resides in a nursing

13 home or is qualified to be admitted to a nursing home and is

14 enrolled with a managed care organization participating in the

15 Demonstration Project.

16  "Health care services" means the diagnosis, treatment, and

17 prevention of disease and includes medication, primary care,

18 nursing or medical care, mental health treatment, psychiatric

19 rehabilitation, memory loss services, physical, occupational,

20 and speech rehabilitation, enhanced care, medical supplies and

21 equipment and the repair of such equipment, and assistance

22 with activities of daily living.

23  "Managed care organization" or "MCO" means an entity that

24 meets the definition of health maintenance organization as

25 defined in the Health Maintenance Organization Act, is

26 licensed, regulated and in good standing with the Department
    SB3365 Enrolled       - 300 - LRB104 18483 SSS 31925 b

1 of Insurance, and is authorized to participate in the nursing

2 home component of the Medicare-Medicaid Alignment Initiative

3 Demonstration Project by a 3-way contract with the Department

4 of Healthcare and Family Services and the Centers for Medicare

5 and Medicaid Services.

6   "Medical professional" means a physician, physician

7 assistant, or nurse practitioner.

8   "Medically necessary" means health care services that a

9 medical professional, exercising prudent clinical judgment,

10 would provide to a patient for the purpose of preventing,

11 evaluating, diagnosing, or treating an illness, injury, or

12 disease or its symptoms, and that are: (i) in accordance with

13 the generally accepted standards of medical practice; (ii)

14 clinically appropriate, in terms of type, frequency, extent,

15 site, and duration, and considered effective for the patient's

16 illness, injury, or disease; and (iii) not primarily for the

17 convenience of the patient, a medical professional, other

18 health care provider, caregiver, family member, or other

19 interested party.

20  "Nursing home" means a facility licensed under the Nursing

21 Home Care Act.

22  "Nurse practitioner" means an individual properly licensed

23 as a nurse practitioner under the Nurse Practice Act.

24  "Physician" means an individual licensed to practice in

25 all branches of medicine under the Medical Practice Act of

26 1987.
    SB3365 Enrolled               - 301 - LRB104 18483 SSS 31925 b

1   "Physician assistant" means an individual properly

2 licensed under the Physician Assistant Practice Act of 1987.

3   "Resident" means an enrollee who is receiving personal or

4 medical care, including, but not limited to, mental health

5 treatment,         psychiatric  rehabilitation,  physical

6 rehabilitation, and assistance with activities of daily

7 living, from a nursing home.

8   "RAI Manual" means the most recent Resident Assessment

9 Instrument Manual, published by the Centers for Medicare and

10 Medicaid Services.

11  "Resident's representative" means a person designated in

12 writing by a resident to be the resident's representative or

13 the resident's guardian, as described by the Nursing Home Care

14 Act.

15  "SNFist" means a medical professional specializing in the

16 care of individuals residing in nursing homes employed by or

17 under contract with an a MCO.

18  "Transition period" means a period of time immediately

19 following enrollment into the Demonstration Project or an

20 enrollee's movement from one managed care organization to

21 another managed care organization or one care setting to

22 another care setting.

23 (Source: P.A. 98-651, eff. 6-16-14.)

24  (305 ILCS 5/5F-35)

25  Sec. 5F-35. Reimbursement. The Department shall provide
    SB3365 Enrolled  - 302 - LRB104 18483 SSS 31925 b

1 each managed care organization with the quarterly
2 facility-specific RUG-IV nursing component per diem along with
3 any add-ons for enhanced care services, support component per
4 diem, and capital component per diem effective for each
5 nursing home under contract with the managed care
6 organization.
7 (Source: P.A. 98-651, eff. 6-16-14.)

8                    ARTICLE 210.

9   Section 210-5. The Nursing Home Care Act is amended by

10 adding Article IIIB as follows:

11  (210 ILCS 45/Art. IIIB heading new)

12  ARTICLE IIIB. COTTAGE STYLE NURSING HOMES

13  (210 ILCS 45/3B-100 new)

14  Sec. 3B-100. Definitions. As used in this Article:

15  "Clinical support team" (CST) means non-universal team

16 members who provide support services throughout the campus.

17 The CST provides support to self-directed or self-managed work

18 teams. The CST includes, but is not limited to, the

19 Administrator, Director of Nursing, Assistant Director of

20 Nursing, and Minimum Data Set nurse.

21  "Cottage style" or "cottage style facilities" means small,

22 free-standing, self-contained homes that:
    SB3365 Enrolled       - 303 - LRB104 18483 SSS 31925 b

1   (1) Surround or are adjacent to a central

2   administration unit.

3   (2) Provide up to 12 private residents' rooms that are

4   shared only at the request of a resident to accommodate a

5   spouse, partner, or family member. A spouse that does not

6   meet medical criteria for nursing facility placement may

7   reside in the room assigned to a spouse who is admitted to

8   the facility and who meets medical criteria for admission.

9   The facility may charge the spouse who does not meet

10  medical criteria for room and board, as well as other

11  services so long as the facility meets all requirements or

12  cost reporting.

13  (3) Have a full, accessible private bathroom for each

14  resident room that contains, at a minimum, a toilet, sink,

15  and shower.

16  (4) Have the appearance of a residential dwelling for

17  both the exterior and the interior.

18  (5) Have residents' rooms constructed around a

19  central, communal, family-style open space that includes a

20  hearth room, dining area, and residential-style kitchen.

21  The central communal area shall contain a living area

22  where residents and staff may socialize, dine, and prepare

23  food together that, at a minimum, provides a living room

24  seating area, a dining area large enough for a single

25  table serving all residents in the home plus 2 staff

26  members, and an open full kitchen. The communal area may
    SB3365 Enrolled  - 304 - LRB104 18483 SSS 31925 b

1   include a gas fireplace with a fixed, "stay-cool" glass

2   screen.

3   (6) Have all residents' room entrances visible from

4   the central communal area.

5   (7) Each communal area may not exceed a ratio of one

6   communal area to 12 resident rooms.

7   (8) Two cottages may share a centralized kitchen and

8   laundry, but each may not exceed a ratio of one

9   kitchen/laundry to 24 resident rooms.

10  (9) Contains residential-style design approach, scale,

11  details, and materials throughout the home that are

12  similar to the typical residential designs and finishes in

13  the immediate surrounding community and does not contain

14  or utilize commercial and institutional elements and

15  products such as a nurse station, medication carts,

16  hospital or office type fluorescent lighting, acoustical

17  tile ceilings, institutional-style railings, room

18  numbering, and labeling and signage that would not

19  normally be found in a private home setting.

20  Where rules require specific institutional elements,

21  every effort shall be made to provide the institutional

22  elements in a manner consistent with what might be found

23  in a new private home in the community (such as

24  residential wall sconces used for required nurse call

25  lights).

26  (10) Have outdoor space that:
    SB3365 Enrolled  - 305 - LRB104 18483 SSS 31925 b

1          (A) allows residents to ambulate, with or without

2   assistive devices such as wheelchairs or walkers;

3          (B) signals staff wirelessly when someone enters

4   the outdoor space from the cottage style home;

5          (C) is partially covered to protect from sun and

6   elements under the covered area; and

7          (D) provides for outdoor activities.

8   (11) Utilize a wireless alert or call system. The

9   system shall also include, for residents who have been

10  care planned to be at risk for wandering or elopement,

11  location bracelets that permit residents to signal for

12  assistance and enable staff to locate residents. Wired

13  call or alert systems and overhead paging are not

14  permitted.

15  (12) Utilize a wireless communication and notification

16  system for staff. The system shall provide a means for

17  notification of staff both in the home and in other homes

18  or other areas of the facility occupied by other staff.

19  (13) Contain ample natural light in each habitable

20  space provided through exterior windows and other means,

21  with window areas, exclusive of skylights and

22  clerestories, being a minimum of 10% of the area of the

23  room.

24  (14) Have built-in safety features (such as magnetic

25  locks on cabinets with chemicals or knives) to allow all

26  areas of the house, including the kitchen and any staff
    SB3365 Enrolled     - 306 - LRB104 18483 SSS 31925 b

1   office, to be accessible to the residents during the

2   majority of the day and night.

3   (15) Provide self-directed care for residents through

4   the establishment of self-managed or self-directed work

5   teams consisting of certified nursing assistants.

6   (16) Prepare and cook at least 80% of resident meals

7   in the cottage style home. Nothing in this item (16)

8   prohibits the consumption of foods that are:

9   (A) prepared outside the cottage style home by

10  family, acquaintances, or social organizations such as

11  churches;

12  (B) grown in or on the grounds of the cottage style

13  home by residents or staff; or

14  (C) prepared by local retail eating establishments

15  that are licensed or inspected based on local, State,

16  or federal laws.

17  (17) Train all staff involved in the operation of the

18  project in the philosophy, operations, and skills required

19  to implement and maintain self-directed care,

20  self-directed or self-managed work teams, a

21  non-institutional approach to life and care in long-term

22  care, appropriate safety and emergency skills, and other

23  elements required for successful operations and outcomes

24  of the project.

25  (18) Are designed to be fully accessible for persons

26  with disabilities.
    SB3365 Enrolled        - 307 - LRB104 18483 SSS 31925 b

1   (19) Have overhead lift tracks that run from the bed

2   into the bathroom in at least 30% of resident rooms.

3   (20) Have at least one lift motor for each cottage

4   style home.

5   (21) Have separate slings for each resident in the

6   facility who requires a lift.

7   (22) Are not connected to, or share, any area that

8   would not typically be connected or shared between private

9   homes in the surrounding community (such as a driveway).

10  (23) Provide the necessary care and services to attain

11  or maintain the highest practicable physical, mental, and

12  psychological well-being of the resident, in accordance

13  with each resident's comprehensive resident care plan.

14  (24) Maintain a staffing plan compliant with the

15  minimum direct care staffing ratios required by this Act,

16  the Illinois Administrative Code, and any other applicable

17  State or federal law.

18  (25) Maintain all professional licensure for staff and

19  employees in accordance with applicable State laws,

20  including, but not limited to, Department of Financial and

21  Professional Regulation requirements.

22  (26) Comply with any applicable State and federal

23  consent decrees.

24  (27) Obtain proof and documentation of federal

25  approval by the Centers for Medicare and Medicaid

26  Services.
    SB3365 Enrolled  - 308 - LRB104 18483 SSS 31925 b

1   "Home" means each discrete cottage style unit housing up

2 to 12 private residents' rooms.

3   "Person-directed care" means a holistic model that takes

4 into consideration each resident's physical, mental, and

5 social needs in the development of a care and treatment plan

6 and the delivery of services that is driven to the greatest

7 extent possible by resident choice, as opposed to an

8 institutional medical model that is schedule and task driven.

9   "Self-managed or self-directed work team" means the

10 universal workers assigned to a specific cottage style home

11 and who determine, plan, and manage day-to-day activities in

12 the house with little or no direct supervision.

13  "Food safety" means a method of ensuring safe preparation

14 and delivery of food for and to residents.

15  "Family-style dining" means residential-style dining, in

16 which all food is placed in serving bowls, platters, and

17 similar residential serving dishes on the table, residents and

18 staff dine together, and residents are encouraged to serve

19 themselves or serve themselves with help from staff.

20  "Universal or flexible worker" means a certified nursing

21 assistant who has received additional training in the areas of

22 dietary, housekeeping, activities, and laundry and is a member

23 of the self-managed or self-directed work team.

24  (210 ILCS 45/3B-105 new)

25  Sec. 3B-105. Intent. This Article creates a framework that
    SB3365 Enrolled            - 309 - LRB104 18483 SSS 31925 b

 1 encourages the construction and operation of skilled nursing
 2 facilities that are consistent with State and federal laws and
 3 referred to as "cottage style". The cottage style model is a
 4 facility model resulting in a residential-style physical plant
 5 and specific principles of staff interaction. The cottage
 6 style model utilizes small, free-standing, self-contained
 7 homes. A single cottage consists of up to 12 private rooms,
 8 each with full bathrooms. Two cottages may share a common
 9 kitchen and laundry but the maximum ratio of 1 kitchen and
10 laundry per 24 rooms must be maintained. The residents' rooms
11 are constructed around a central, communal, family-style open
12 space that includes a hearth room and dining area. All
13 residents' room entrances are visible from the central
14 communal area. The maximum ratio of one communal area per 12
15 rooms must be maintained. Each home is built to blend
16 architecturally with neighboring homes.

17  (210 ILCS 45/3B-110 new)

18  Sec. 3B-110. Applicability. Nursing homes that meet the

19 requirements of this Article to be designated as a cottage

20 style nursing home are still subject to all requirements of

21 this Act, administrative rules, and applicable State or

22 federal laws. All requirements of this Article are additional

23 requirements necessary to be designated as cottage style as

24 defined in Section 3B-100.
    SB3365 Enrolled  - 310 - LRB104 18483 SSS 31925 b

1   (210 ILCS 45/3B-115 new)

2   Sec. 3B-115. License designation. During the initial

3 licensure survey required under Section 3-109 of this Act, the

4 Department must also review compliance with this Article. The

5 Department must indicate, on licenses issued under this Act,

6 "cottage style" for nursing homes that meet the requirements

7 of this Article.

8   (210 ILCS 45/3B-120 new)

9   Sec. 3B-120. Staff Training.

10  (a) In addition to any State or federal training

11 requirements pertaining to long-term care facilities, each

12 certified nursing assistant (CNA) working in a cottage style

13 home shall complete the following 40 hours of training, to

14 include, but not be limited to:

15  (1) Cottage Style Model v. Traditional Model, a

16  minimum of 2 hours covering at least the following topics:

17  (A) Meaningful Engagement. Development of, and

18  appreciation for, activities designed to meet the

19  individual's personal preferences and needs.

20  (B) Organizational Culture Change.

21  (2) Universal or Flexible Worker, a minimum of 2 hours

22  covering at least the following topics:

23  (A) Concept.

24  (B) Responsibilities of the Worker.

25  (3) Person-Directed Care, a minimum of 2 hours
    SB3365 Enrolled  - 311 - LRB104 18483 SSS 31925 b

1   covering at least the following topics:

2   (A) Concepts and Relationship Building.

3   (B) Execution. How elder preferences shape

4   workflow.

5   (4) Self-Managed or Self-Directed Work Team, a minimum

6   of 4 hours covering at least the following topics:

7   (A) Concept.

8   (B) Responsibilities.

9   (C) Conflict Resolution and Learning Circles.

10  (5) Food Safety, a minimum of 22 hours covering at

11  least the following topics:

12  (A) Safety.

13  (B) Contamination.

14  (C) Allergies.

15  (D) Therapeutic Diets.

16  (E) Thickening Agents.

17  (F) Food Preparation.

18  (G) Family Style Dining.

19  (H) Cottage Equipment Use. Appliance usage and

20  safety.

21  (6) Emergency Situations and Evacuation, a minimum of

22  2 hours covering at least the following topics:

23  (A) Fire Drills.

24  (B) Tornado Drills.

25  (C) Disaster Drills.

26  (D) Evacuation.
    SB3365 Enrolled           - 312 - LRB104 18483 SSS 31925 b

1               (E) Environmental Policy.

2   (7) Cottage Orientation, a minimum of 2 hours covering

3   at least the following topics:

4               (A) Phone System.

5               (B) Call System.

6               (C) Cleaning Supply Storage.

7               (D) Cleaning Supply Usage.

8               (E) Workplace Organization.

9   (8) Communication, a minimum of 2 hours covering at

10  least the following topics:

11              (A) Communication Skills.

12              (B) Coaching Skills.

13              (C) Accountability.

14              (D) Support.

15  (9) Observation Skills, a minimum of 2 hours covering

16  at least the following topics:

17              (A) How to obtain a history from family.

18              (B) How to modify a care plan.

19              (C) How to identify a resident's change in

20  condition.

21  (b) Upon opening and for the first 90 days of continuous

22 operation of a cottage style home, all CNAs working in that

23 home shall complete all of the required training listed in

24 subsection (a) prior to providing services in the cottage

25 style home.

26  (c) After a cottage style home has been in continuous
    SB3365 Enrolled        - 313 - LRB104 18483 SSS 31925 b

1 operation servicing residents for at least 90 days, each CNA

2 assigned to the cottage style home for the first time, and who

3 has not been trained in accordance with subsections (a) and

4 (b), shall complete the following 16-hour training schedule

5 before working with residents:

6            (1) Cottage Style Model v. Traditional Model, a

7   minimum of 1.5 hours.

8            (2) Universal or Flexible Worker, a minimum of 1.5

9   hours.

10           (3) Person-Directed Care, a minimum of 3 hours.

11           (4) Self-Managed or Self-Directed Work Team, a minimum

12  of 3 hours.

13           (5) Food Safety, a minimum of 3 hours.

14           (6) Family Style Dining, a minimum of one hour.

15           (7) Emergency Situations and Evacuations, a minimum of

16  one hour.

17           (8) Cottage Equipment Use, a minimum of one hour.

18           (9) Cottage Orientation, a minimum of one hour.

19  Following the 16-hour training the CNA shall complete the

20 remaining 24 hours of training listed in subsection (a) within

21 90 days.

22  (d) All shared common staff shall undergo the following

23 training within 45 days of the opening of the first cottage

24 style home:

25           (1) Cottage Style Model v. Traditional Model, a

26  minimum of 1.5 hours.
    SB3365 Enrolled      - 314 - LRB104 18483 SSS 31925 b

1   (2) Clinical Support Team, a minimum of one hour.

2   (3) Universal or Flexible Worker, a minimum of one

3   hour.

4   (4) Self-Managed or Self-Directed Work Team, a minimum

5   of 3 hours.

6   (5) Person-Directed Care, a minimum of 3 hours.

7   (6) Team Communication, a minimum of one hour.

8   (7) Learning Circles, a minimum of one hour.

9   (8) Understanding Aging in the Elderly, a minimum of

10  one hour.

11  (9) Cottage Systems, a minimum of 2 hours.

12  (e) Each facility seeking designation as a cottage style

13 facility shall provide to the Department a syllabus, a list of

14 required reference and study materials, and a proposed

15 curriculum of training as required under this Section. As used

16 in this Section, "curriculum" means a detailed study guide

17 that states the learning objectives and provides information

18 or materials designed to impart to the student or trainee the

19 necessary skills, knowledge, or ability required under the

20 learning objectives.

21  (f) Facilities must keep all trainings current with all

22 changes in best practices and local, State, and federal laws,

23 rules, regulations, and guidance.

24  (210 ILCS 45/3B-125 new)

25  Sec. 3B-125. Implementation. The Department may adopt
    SB3365 Enrolled          - 315 - LRB104 18483 SSS 31925 b

1 administrative rules to implement any part of this Article;
2 however, all provisions of this Article are fully effective
3 upon taking effect even if administrative rules have not been
4 adopted.

5   Section 210-10. The Illinois Public Aid Code is amended by

6 adding Section 5-5.2a as follows:

7   (305 ILCS 5/5-5.2a new)

8   Sec. 5-5.2a. Cottage style nursing home reimbursement

9 adjustment.

10  (a) As used in this Section, "cottage style nursing home"

11 means a nursing home meeting the requirements under Article

12 IIIB of the Nursing Home Care Act.

13  (b) Subject to any necessary federal approval, for dates

14 of service on and after July 1, 2027, the Department shall

15 reimburse cottage style nursing homes with a per diem add-on

16 of at least $50.

17  (c) This per diem add-on amount is in addition to all

18 amounts reimbursed to a nursing home under this Code. To

19 account for the unique person-directed care model in cottage

20 style nursing homes, the Department may increase the initial

21 default rates of a new cottage style nursing home until data

22 required to calculate those rates are available.

23                   ARTICLE 215.
    SB3365 Enrolled      - 316 - LRB104 18483 SSS 31925 b

1   Section 215-5. The Illinois Public Aid Code is amended by

2 changing Section 5-5e.1 as follows:

3   (305 ILCS 5/5-5e.1)

4   Sec. 5-5e.1. Safety-Net Hospitals.

5   (a) A Safety-Net Hospital is an Illinois hospital that:

6   (1) is licensed by the Department of Public Health as

7   a general acute care or pediatric hospital; and

8   (2) is a disproportionate share hospital, as described

9   in Section 1923 of the federal Social Security Act, as

10  determined by the Department; and

11  (3) meets one of the following:

12  (A) has a MIUR of at least 40% and a charity

13  percent of at least 4%; or

14  (B) has a MIUR of at least 50%.

15  (b) Definitions. As used in this Section:

16  (1) "Charity percent" means the ratio of (i) the

17  hospital's charity charges for services provided to

18  individuals without health insurance or another source of

19  third party coverage to (ii) the Illinois total hospital

20  charges, each as reported on the hospital's OBRA form.

21  (2) "MIUR" means Medicaid Inpatient Utilization Rate

22  and is defined as a fraction, the numerator of which is the

23  number of a hospital's inpatient days provided in the

24  hospital's fiscal year ending 3 years prior to the rate
    SB3365 Enrolled              - 317 - LRB104 18483 SSS 31925 b

1   year, to patients who, for such days, were eligible for

2   Medicaid under Title XIX of the federal Social Security

3   Act, 42 USC 1396a et seq., excluding those persons

4   eligible for medical assistance pursuant to 42 U.S.C.

5   1396a(a)(10)(A)(i)(VIII) as set forth in paragraph 18 of

6   Section 5-2 of this Article, and the denominator of which

7   is the total number of the hospital's inpatient days in

8   that same period, excluding those persons eligible for

9   medical          assistance  pursuant  to  42  U.S.C.

10  1396a(a)(10)(A)(i)(VIII) as set forth in paragraph 18 of

11  Section 5-2 of this Article.

12  (3) "OBRA form" means form HFS-3834, OBRA '93 data

13  collection form, for the rate year.

14  (4) "Rate year" means the 12-month period beginning on

15  October 1.

16  (c) Beginning July 1, 2012 and ending on December 31, 2028

17 2026, a hospital that would have qualified for the rate year

18 beginning October 1, 2011 or October 1, 2012 shall be a

19 Safety-Net Hospital.

20  (c-5) Beginning July 1, 2020 and ending on December 31,

21 2028 2026, a hospital that would have qualified for the rate

22 year beginning October 1, 2020 and was designated a federal

23 rural referral center under 42 CFR 412.96 as of October 1, 2020

24 shall be a Safety-Net Hospital.

25  (d) No later than August 15 preceding the rate year, each

26 hospital shall submit the OBRA form to the Department. Prior
    SB3365 Enrolled         - 318 - LRB104 18483 SSS 31925 b

1 to October 1, the Department shall notify each hospital

2 whether it has qualified as a Safety-Net Hospital.

3   (e) The Department may promulgate rules in order to

4 implement this Section.

5   (f) Nothing in this Section shall be construed as limiting

6 the ability of the Department to include the Safety-Net

7 Hospitals in the hospital rate reform mandated by Section

8 14-11 of this Code and implemented under Section 14-12 of this

9 Code and by administrative rulemaking.

10 (Source: P.A. 101-650, eff. 7-7-20; 101-669, eff. 4-2-21;

11 102-886, eff. 5-17-22.)

12                          ARTICLE 220.

13  Section 220-5. The Illinois Administrative Procedure Act

14 is amended by adding Section 5-45.72 as follows:

15  (5 ILCS 100/5-45.72 new)

16  Sec. 5-45.72. Emergency rulemaking; Department of

17 Healthcare and Family Services. In order to provide for the

18 expeditious and timely implementation of the federal Medicaid

19 provisions contained in Public Law 119-21, including all

20 corresponding federal regulations and requirements issued by

21 the federal Centers for Medicare and Medicaid Services, the

22 Department of Healthcare and Family Services may adopt

23 emergency rules during fiscal year 2027. Emergency rulemaking
    SB3365 Enrolled    - 319 - LRB104 18483 SSS 31925 b

1 authority will pertain to changes in Public Law 119-21 with

2 implementation dates on or before January 1, 2027, which are

3 addressed in this amendatory Act of the 104th General

4 Assembly. During the 12-month period in which this Section is

5 in effect, the 24-month limitation on the adoption of

6 emergency rules does not apply to the rules adopted under this

7 subsection if such an amendment is due to subsequent federal

8 guidance or other federal requirements pertaining to changes

9 in federal law or regulation. The adoption of emergency rules

10 authorized by this Section shall be deemed to be necessary for

11 the public interest, safety, and welfare.

12  This Section is repealed one year after the effective date

13 of this amendatory Act of the 104th General Assembly.

14  Section 220-10. The Illinois Public Aid Code is amended by

15 changing Sections 1-11, 5-2, 5-2.1d, 11-4, 11-5.1, and 11-5.4

16 as follows:

17  (305 ILCS 5/1-11)

18  Sec. 1-11. Citizenship. To the extent not otherwise

19 provided in this Code or federal law, all clients who receive

20 cash or medical assistance under Article III, IV, V, or VI of

21 this Code must meet the citizenship requirements as

22 established in this Section. To be eligible for assistance an

23 individual, who is otherwise eligible, must be either a United

24 States citizen or included in one of the following categories
    SB3365 Enrolled   - 320 - LRB104 18483 SSS 31925 b

1 of non-citizens:

2   (1) United States veterans honorably discharged and

3   persons on active military duty, and the spouse and

4   unmarried dependent children of these persons;

5   (2) Refugees under Section 207 of the Immigration and

6   Nationality Act;

7   (3) Asylees under Section 208 of the Immigration and

8   Nationality Act;

9   (4) Persons for whom deportation has been withheld

10  under Section 243(h) of the Immigration and Nationality

11  Act;

12  (5) Persons granted conditional entry under Section

13  203(a)(7) of the Immigration and Nationality Act as in

14  effect prior to April 1, 1980;

15  (6) Persons lawfully admitted for permanent residence

16  under the Immigration and Nationality Act;

17  (7) Parolees, for at least one year, under Section

18  212(d)(5) of the Immigration and Nationality Act;

19  (8) Nationals of Cuba or Haiti admitted on or after

20  April 21, 1980;

21  (9) Amerasians from Vietnam, and their close family

22  members, admitted through the Orderly Departure Program

23  beginning on March 20, 1988;

24  (10) Persons identified by the federal Office of

25  Refugee Resettlement (ORR) as victims of trafficking;

26  (11) Persons legally residing in the United States who
    SB3365 Enrolled    - 321 - LRB104 18483 SSS 31925 b

1   were members of a Hmong or Highland Laotian tribe when the

2   tribe helped United States personnel by taking part in a

3   military or rescue operation during the Vietnam era

4   (between August 5, 1965 and May 7, 1975); this also

5   includes the person's spouse, a widow or widower who has

6   not remarried, and unmarried dependent children;

7   (12) American Indians born in Canada under Section 289

8   of the Immigration and Nationality Act and members of an

9   Indian tribe as defined in Section 4e of the Indian

10  Self-Determination and Education Assistance Act;

11  (13) Persons who are a spouse, widow, or child of a

12  U.S. citizen or a spouse or child of a legal permanent

13  resident (LPR) who have been battered or subjected to

14  extreme cruelty by the U.S. citizen or LPR or a member of

15  that relative's family who lived with them, who no longer

16  live with the abuser or plan to live separately within one

17  month of receipt of assistance and whose need for

18  assistance is due, at least in part, to the abuse; and

19  (14) Persons who are foreign-born victims of

20  trafficking, torture, or other serious crimes as defined

21  in Section 2-19 of this Code.

22  Those persons who are in the categories set forth in

23 paragraphs subdivisions (6) and (7) of this Section, who enter

24 the United States on or after August 22, 1996, shall not be

25 eligible for 5 years beginning on the date the person entered

26 the United States.
   SB3365 Enrolled             - 322 - LRB104 18483 SSS 31925 b

1  The Illinois Department may, by rule, cover prenatal care

2 or emergency medical care for non-citizens who are not

3 otherwise eligible under this Section. Local governmental

4 units which do not receive State funds may impose their own

5 citizenship requirements and are authorized to provide any

6 benefits and impose any citizenship requirements as are

7 allowed under the Personal Responsibility and Work Opportunity

8 Reconciliation Act of 1996 (P.L. 104-193).

9  In order to implement the federal Medicaid provisions

10 contained in Public Law 119-21, and notwithstanding any other

11 provision of this Section, any category of non-citizens or

12 part thereof listed in paragraphs (1) through (14) of this

13 Section shall not be eligible for medical assistance under

14 Article V of this Code to the extent Public Law 119-21 and any

15 corresponding federal regulations or requirements issued by

16 the federal Centers for Medicare and Medicaid Services

17 excludes such category of non-citizens or part thereof from

18 eligibility, federal financial participation, or other federal

19 funding. This Section shall not require any category of

20 non-citizens or part thereof to be funded at state-only cost

21 under Article V of this Code, unless otherwise provided by

22 State law. The Department shall amend 89 Ill. Adm. Code

23 120.310 to conform to the provisions of this paragraph

24 effective October 1, 2026.

25 (Source: P.A. 99-870, eff. 8-22-16.)
    SB3365 Enrolled            - 323 - LRB104 18483 SSS 31925 b

1   (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)

2   Sec. 5-2. Classes of persons eligible. Medical assistance

3 under this Article shall be available to any of the following

4 classes of persons in respect to whom a plan for coverage has

5 been submitted to the Governor by the Illinois Department and

6 approved by him. If changes made in this Section 5-2 require

7 federal approval, they shall not take effect until such

8 approval has been received:

9   1. Recipients of basic maintenance grants under

10  Articles III and IV.

11  2. Beginning January 1, 2014, persons otherwise

12  eligible for basic maintenance under Article III,

13  excluding any eligibility requirements that are

14  inconsistent with any federal law or federal regulation,

15  as interpreted by the U.S. Department of Health and Human

16  Services, but who fail to qualify thereunder on the basis

17  of need, and who have insufficient income and resources to

18  meet the costs of necessary medical care, including, but

19  not limited to, the following:

20  (a) All persons otherwise eligible for basic

21  maintenance under Article III but who fail to qualify

22  under that Article on the basis of need and who meet

23  either of the following requirements:

24                   (i) their income, as determined by the

25  Illinois Department in accordance with any federal

26  requirements, is equal to or less than 100% of the
    SB3365 Enrolled  - 324 - LRB104 18483 SSS 31925 b

1   federal poverty level; or

2                    (ii) their income, after the deduction of

3   costs incurred for medical care and for other

4   types of remedial care, is equal to or less than

5   100% of the federal poverty level.

6   (b) (Blank).

7   3. (Blank).

8   4. Persons not eligible under any of the preceding

9   paragraphs who fall sick, are injured, or die, not having

10  sufficient money, property or other resources to meet the

11  costs of necessary medical care or funeral and burial

12  expenses.

13  5.(a) Beginning January 1, 2020, individuals during

14  pregnancy and during the 12-month period beginning on the

15  last day of the pregnancy, together with their infants,

16  whose income is at or below 200% of the federal poverty

17  level. Until September 30, 2019, or sooner if the

18  maintenance of effort requirements under the Patient

19  Protection and Affordable Care Act are eliminated or may

20  be waived before then, individuals during pregnancy and

21  during the 12-month period beginning on the last day of

22  the pregnancy, whose countable monthly income, after the

23  deduction of costs incurred for medical care and for other

24  types of remedial care as specified in administrative

25  rule, is equal to or less than the Medical Assistance-No

26  Grant(C) (MANG(C)) Income Standard in effect on April 1,
    SB3365 Enrolled  - 325 - LRB104 18483 SSS 31925 b

1   2013 as set forth in administrative rule.

2   (b) The plan for coverage shall provide ambulatory

3   prenatal care to pregnant individuals during a presumptive

4   eligibility period and establish an income eligibility

5   standard that is equal to 200% of the federal poverty

6   level, provided that costs incurred for medical care are

7   not taken into account in determining such income

8   eligibility.

9   (c) The Illinois Department may conduct a

10  demonstration in at least one county that will provide

11  medical assistance to pregnant individuals together with

12  their infants and children up to one year of age, where the

13  income eligibility standard is set up to 185% of the

14  nonfarm income official poverty line, as defined by the

15  federal Office of Management and Budget. The Illinois

16  Department shall seek and obtain necessary authorization

17  provided under federal law to implement such a

18  demonstration. Such demonstration may establish resource

19  standards that are not more restrictive than those

20  established under Article IV of this Code.

21  6. (a) Subject to federal approval, children younger

22  than age 19 when countable income is at or below 313% of

23  the federal poverty level, as determined by the Department

24  and in accordance with all applicable federal

25  requirements. The Department is authorized to adopt

26  emergency rules to implement the changes made to this
    SB3365 Enrolled  - 326 - LRB104 18483 SSS 31925 b

1   paragraph by Public Act 102-43. Until September 30, 2019,

2   or sooner if the maintenance of effort requirements under

3   the Patient Protection and Affordable Care Act are

4   eliminated or may be waived before then, children younger

5   than age 19 whose countable monthly income, after the

6   deduction of costs incurred for medical care and for other

7   types of remedial care as specified in administrative

8   rule, is equal to or less than the Medical Assistance-No

9   Grant(C) (MANG(C)) Income Standard in effect on April 1,

10  2013 as set forth in administrative rule.

11  (b) Children and youth who are under temporary custody

12  or guardianship of the Department of Children and Family

13  Services or who receive financial assistance in support of

14  an adoption or guardianship placement from the Department

15  of Children and Family Services.

16  7. (Blank).

17  8. As required under federal law, persons who are

18  eligible for Transitional Medical Assistance as a result

19  of an increase in earnings or child or spousal support

20  received. The plan for coverage for this class of persons

21  shall:

22          (a) extend the medical assistance coverage to the

23  extent required by federal law; and

24          (b) offer persons who have initially received 6

25  months of the coverage provided in paragraph (a)

26  above, the option of receiving an additional 6 months
    SB3365 Enrolled      - 327 - LRB104 18483 SSS 31925 b

1   of coverage, subject to the following:

2                    (i) such coverage shall be pursuant to

3         provisions of the federal Social Security Act;

4                    (ii) such coverage shall include all services

5         covered under Illinois' State Medicaid Plan;

6                    (iii) no premium shall be charged for such

7         coverage; and

8                    (iv) such coverage shall be suspended in the

9         event of a person's failure without good cause to

10        file in a timely fashion reports required for this

11        coverage under the Social Security Act and

12        coverage shall be reinstated upon the filing of

13        such reports if the person remains otherwise

14        eligible.

15  9. Persons with acquired immunodeficiency syndrome

16  (AIDS) or with AIDS-related conditions with respect to

17  whom there has been a determination that but for home or

18  community-based services such individuals would require

19  the level of care provided in an inpatient hospital,

20  skilled nursing facility or intermediate care facility the

21  cost of which is reimbursed under this Article. Assistance

22  shall be provided to such persons to the maximum extent

23  permitted under Title XIX of the Federal Social Security

24  Act.

25  10. Participants in the long-term care insurance

26  partnership program established under the Illinois
    SB3365 Enrolled          - 328 - LRB104 18483 SSS 31925 b

1   Long-Term Care Partnership Program Act who meet the

2   qualifications for protection of resources described in

3   Section 15 of that Act.

4   11. Persons with disabilities who are employed and

5   eligible for Medicaid, pursuant to Section

6   1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,

7   subject to federal approval, persons with a medically

8   improved disability who are employed and eligible for

9   Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of

10  the Social Security Act, as provided by the Illinois

11  Department by rule. In establishing eligibility standards

12  under this paragraph 11, the Department shall, subject to

13  federal approval:

14  (a) set the income eligibility standard at not

15  lower than 350% of the federal poverty level;

16  (b) exempt retirement accounts that the person

17  cannot access without penalty before the age of 59

18  1/2, and medical savings accounts established pursuant

19  to 26 U.S.C. 220;

20  (c) allow non-exempt assets up to $25,000 as to

21  those assets accumulated during periods of eligibility

22  under this paragraph 11; and

23  (d) continue to apply subparagraphs (b) and (c) in

24  determining the eligibility of the person under this

25  Article even if the person loses eligibility under

26  this paragraph 11.
    SB3365 Enrolled  - 329 - LRB104 18483 SSS 31925 b

1   12. Subject to federal approval, persons who are

2   eligible for medical assistance coverage under applicable

3   provisions of the federal Social Security Act and the

4   federal Breast and Cervical Cancer Prevention and

5   Treatment Act of 2000. Those eligible persons are defined

6   to include, but not be limited to, the following persons:

7   (1) persons who have been screened for breast or

8   cervical cancer under the U.S. Centers for Disease

9   Control and Prevention Breast and Cervical Cancer

10  Program established under Title XV of the federal

11  Public Health Service Act in accordance with the

12  requirements of Section 1504 of that Act as

13  administered by the Illinois Department of Public

14  Health; and

15  (2) persons whose screenings under the above

16  program were funded in whole or in part by funds

17  appropriated to the Illinois Department of Public

18  Health for breast or cervical cancer screening.

19  "Medical assistance" under this paragraph 12 shall be

20  identical to the benefits provided under the State's

21  approved plan under Title XIX of the Social Security Act.

22  The Department must request federal approval of the

23  coverage under this paragraph 12 within 30 days after July

24  3, 2001 (the effective date of Public Act 92-47).

25  In addition to the persons who are eligible for

26  medical assistance pursuant to subparagraphs (1) and (2)
    SB3365 Enrolled         - 330 - LRB104 18483 SSS 31925 b

1   of this paragraph 12, and to be paid from funds

2   appropriated to the Department for its medical programs,

3   any uninsured person as defined by the Department in rules

4   residing in Illinois who is younger than 65 years of age,

5   who has been screened for breast and cervical cancer in

6   accordance with standards and procedures adopted by the

7   Department of Public Health for screening, and who is

8   referred to the Department by the Department of Public

9   Health as being in need of treatment for breast or

10  cervical cancer is eligible for medical assistance

11  benefits that are consistent with the benefits provided to

12  those persons described in subparagraphs (1) and (2).

13  Medical assistance coverage for the persons who are

14  eligible under the preceding sentence is not dependent on

15  federal approval, but federal moneys may be used to pay

16  for services provided under that coverage upon federal

17  approval.

18  13. Subject to appropriation and to federal approval,

19  persons living with HIV/AIDS who are not otherwise

20  eligible under this Article and who qualify for services

21  covered under Section 5-5.04 as provided by the Illinois

22  Department by rule.

23  14. Subject to the availability of funds for this

24  purpose, the Department may provide coverage under this

25  Article to persons who

26  (a) reside in Illinois;
    SB3365 Enrolled  - 331 - LRB104 18483 SSS 31925 b

1   (b) are not eligible under any of the preceding

2   paragraphs of this Section;

3   (c) meet the income guidelines of paragraph 2(a)

4   of this Section; and

5   (d) meet one of the following conditions:

6                    (i) have filed an application for asylum

7   status under 8 U.S.C. 1158 that is pending with

8   the appropriate federal agency or have a pending

9   appeal of such an application before a court of

10  competent jurisdiction and are represented either

11  by counsel or by an advocate accredited by the

12  appropriate federal agency and employed by a

13  not-for-profit organization in regard to that

14  application or appeal;

15                   (ii) are receiving services through a

16  federally funded torture treatment center;

17                   (iii) have filed a pending application for T

18  nonimmigrant status pursuant to 8 U.S.C.

19  1101(a)(15)(T);

20                   (iv) have filed a pending application for U

21  nonimmigrant status pursuant to 8 U.S.C.

22  1101(a)(15)(U); or

23                   (v) have filed as a derivative family member

24  or are included in the application for item (i),

25  (iii), or (iv) as provided by Department rule.

26  Medical coverage under this paragraph 14 may be
    SB3365 Enrolled  - 332 - LRB104 18483 SSS 31925 b

1   provided for up to 24 continuous months from the initial

2   eligibility date so long as an individual continues to

3   satisfy the criteria of this paragraph 14. If an

4   individual has an application or appeal pending regarding

5   an application for asylum, T nonimmigrant status, or U

6   nonimmigrant status before the appropriate federal agency

7   for such applications or appeals, eligibility under this

8   paragraph 14 may be extended until a final decision is

9   rendered with respect to the application or appeal, except

10  that an individual who is approved for a U visa continues

11  to qualify for medical coverage under this paragraph 14 as

12  long as the individual meets all other eligibility

13  criteria. The Department shall adopt rules governing the

14  implementation of this paragraph 14.

15  15. Family Care Eligibility.

16  (a) On and after July 1, 2012, a parent or other

17  caretaker relative who is 19 years of age or older when

18  countable income is at or below 133% of the federal

19  poverty level. A person may not spend down to become

20  eligible under this paragraph 15.

21  (b) Eligibility shall be reviewed annually.

22  (c) (Blank).

23  (d) (Blank).

24  (e) (Blank).

25  (f) (Blank).

26  (g) (Blank).
    SB3365 Enrolled  - 333 - LRB104 18483 SSS 31925 b

1   (h) (Blank).

2   (i) Following termination of an individual's

3   coverage under this paragraph 15, the individual must

4   be determined eligible before the person can be

5   re-enrolled.

6   16. Subject to appropriation, uninsured persons who

7   are not otherwise eligible under this Section who have

8   been certified and referred by the Department of Public

9   Health as having been screened and found to need

10  diagnostic evaluation or treatment, or both diagnostic

11  evaluation and treatment, for prostate or testicular

12  cancer. For the purposes of this paragraph 16, uninsured

13  persons are those who do not have creditable coverage, as

14  defined under the Health Insurance Portability and

15  Accountability Act, or have otherwise exhausted any

16  insurance benefits they may have had, for prostate or

17  testicular cancer diagnostic evaluation or treatment, or

18  both diagnostic evaluation and treatment. To be eligible,

19  a person must furnish a Social Security number. A person's

20  assets are exempt from consideration in determining

21  eligibility under this paragraph 16. Such persons shall be

22  eligible for medical assistance under this paragraph 16

23  for so long as they need treatment for the cancer. A person

24  shall be considered to need treatment if, in the opinion

25  of the person's treating physician, the person requires

26  therapy directed toward cure or palliation of prostate or
    SB3365 Enrolled     - 334 - LRB104 18483 SSS 31925 b

1   testicular cancer, including recurrent metastatic cancer

2   that is a known or presumed complication of prostate or

3   testicular cancer and complications resulting from the

4   treatment modalities themselves. Persons who require only

5   routine monitoring services are not considered to need

6   treatment. "Medical assistance" under this paragraph 16

7   shall be identical to the benefits provided under the

8   State's approved plan under Title XIX of the Social

9   Security Act. Notwithstanding any other provision of law,

10  the Department (i) does not have a claim against the

11  estate of a deceased recipient of services under this

12  paragraph 16 and (ii) does not have a lien against any

13  homestead property or other legal or equitable real

14  property interest owned by a recipient of services under

15  this paragraph 16.

16  17. Persons who, pursuant to a waiver approved by the

17  Secretary of the U.S. Department of Health and Human

18  Services, are eligible for medical assistance under Title

19  XIX or XXI of the federal Social Security Act.

20  Notwithstanding any other provision of this Code and

21  consistent with the terms of the approved waiver, the

22  Illinois Department, may by rule:

23  (a) Limit the geographic areas in which the waiver

24  program operates.

25  (b) Determine the scope, quantity, duration, and

26  quality, and the rate and method of reimbursement, of
    SB3365 Enrolled  - 335 - LRB104 18483 SSS 31925 b

1   the medical services to be provided, which may differ

2   from those for other classes of persons eligible for

3   assistance under this Article.

4            (c) Restrict the persons' freedom in choice of

5   providers.

6   18. Beginning January 1, 2014, persons aged 19 or

7   older, but younger than 65, who are not otherwise eligible

8   for medical assistance under this Section 5-2, who qualify

9   for medical assistance pursuant to 42 U.S.C.

10  1396a(a)(10)(A)(i)(VIII) to the extent permitted under

11  federal law and applicable federal regulations, and who

12  have income at or below 133% of the federal poverty level

13  plus 5% for the applicable family size as determined

14  pursuant to 42 U.S.C. 1396a(e)(14) and applicable federal

15  regulations. Persons eligible for medical assistance under

16  this paragraph 18 shall receive coverage for the Health

17  Benefits Service Package as that term is defined in

18  subsection (m) of Section 5-1.1 of this Code. If Illinois'

19  federal medical assistance percentage (FMAP) is reduced

20  below 90% for persons eligible for medical assistance

21  under this paragraph 18, eligibility under this paragraph

22  18 shall cease no later than the end of the third month

23  following the month in which the reduction in FMAP takes

24  effect.

25  19. Beginning January 1, 2014, as required under 42

26  U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18
    SB3365 Enrolled  - 336 - LRB104 18483 SSS 31925 b

1   and younger than age 26 who are not otherwise eligible for

2   medical assistance under paragraphs (1) through (17) of

3   this Section who (i) were in foster care under the

4   responsibility of the State on the date of attaining age

5   18 or on the date of attaining age 21 when a court has

6   continued wardship for good cause as provided in Section

7   2-31 of the Juvenile Court Act of 1987 and (ii) received

8   medical assistance under the Illinois Title XIX State Plan

9   or waiver of such plan while in foster care.

10  20. (Blank).

11  21. Persons who are not otherwise eligible for medical

12  assistance under this Section who may qualify for medical

13  assistance       pursuant  to  42             U.S.C.

14  1396a(a)(10)(A)(ii)(XXIII) and 42 U.S.C. 1396(ss) for the

15  duration of any federal or State declared emergency due to

16  COVID-19. Medical assistance to persons eligible for

17  medical assistance solely pursuant to this paragraph 21

18  shall be limited to any in vitro diagnostic product (and

19  the administration of such product) described in 42 U.S.C.

20  1396d(a)(3)(B) on or after March 18, 2020, any visit

21  described in 42 U.S.C. 1396o(a)(2)(G), or any other

22  medical assistance that may be federally authorized for

23  this class of persons. The Department may also cover

24  treatment of COVID-19 for this class of persons, or any

25  similar category of uninsured individuals, to the extent

26  authorized under a federally approved 1115 Waiver or other
    SB3365 Enrolled          - 337 - LRB104 18483 SSS 31925 b

1   federal authority. Notwithstanding the provisions of

2   Section 1-11 of this Code, due to the nature of the

3   COVID-19 public health emergency, the Department may cover

4   and provide the medical assistance described in this

5   paragraph 21 to noncitizens who would otherwise meet the

6   eligibility requirements for the class of persons

7   described in this paragraph 21 for the duration of the

8   State emergency period.

9   In implementing the provisions of Public Act 96-20, the

10 Department is authorized to adopt only those rules necessary,

11 including emergency rules. Nothing in Public Act 96-20 permits

12 the Department to adopt rules or issue a decision that expands

13 eligibility for the FamilyCare Program to a person whose

14 income exceeds 185% of the Federal Poverty Level as determined

15 from time to time by the U.S. Department of Health and Human

16 Services, unless the Department is provided with express

17 statutory authority.

18  The eligibility of any such person for medical assistance

19 under this Article is not affected by the payment of any grant

20 under the Senior Citizens and Persons with Disabilities

21 Property Tax Relief Act or any distributions or items of

22 income described under subparagraph (X) of paragraph (2) of

23 subsection (a) of Section 203 of the Illinois Income Tax Act.

24  The Department shall by rule establish the amounts of

25 assets to be disregarded in determining eligibility for

26 medical assistance, which shall at a minimum equal the amounts
    SB3365 Enrolled          - 338 - LRB104 18483 SSS 31925 b

1 to be disregarded under the Federal Supplemental Security

2 Income Program. The amount of assets of a single person to be

3 disregarded shall not be less than $2,000, and the amount of

4 assets of a married couple to be disregarded shall not be less

5 than $3,000.

6   To the extent permitted under federal law, any person

7 found guilty of a second violation of Article VIIIA shall be

8 ineligible for medical assistance under this Article, as

9 provided in Section 8A-8.

10  The eligibility of any person for medical assistance under

11 this Article shall not be affected by the receipt by the person

12 of donations or benefits from fundraisers held for the person

13 in cases of serious illness, as long as neither the person nor

14 members of the person's family have actual control over the

15 donations or benefits or the disbursement of the donations or

16 benefits.

17  Notwithstanding any other provision of this Code, if the

18 United States Supreme Court holds Title II, Subtitle A,

19 Section 2001(a) of Public Law 111-148 to be unconstitutional,

20 or if a holding of Public Law 111-148 makes Medicaid

21 eligibility allowed under Section 2001(a) inoperable, the

22 State or a unit of local government shall be prohibited from

23 enrolling individuals in the Medical Assistance Program as the

24 result of federal approval of a State Medicaid waiver on or

25 after June 14, 2012 (the effective date of Public Act 97-687),

26 and any individuals enrolled in the Medical Assistance Program
    SB3365 Enrolled            - 339 - LRB104 18483 SSS 31925 b

1 pursuant to eligibility permitted as a result of such a State

2 Medicaid waiver shall become immediately ineligible.

3   Notwithstanding any other provision of this Code, if an

4 Act of Congress that becomes a Public Law eliminates Section

5 2001(a) of Public Law 111-148, the State or a unit of local

6 government shall be prohibited from enrolling individuals in

7 the Medical Assistance Program as the result of federal

8 approval of a State Medicaid waiver on or after June 14, 2012

9 (the effective date of Public Act 97-687), and any individuals

10 enrolled in the Medical Assistance Program pursuant to

11 eligibility permitted as a result of such a State Medicaid

12 waiver shall become immediately ineligible.

13  Effective October 1, 2013, the determination of

14 eligibility of persons who qualify under paragraphs 5, 6, 8,

15 15, 17, and 18 of this Section shall comply with the

16 requirements of 42 U.S.C. 1396a(e)(14) and applicable federal

17 regulations.

18  The Department of Healthcare and Family Services, the

19 Department of Human Services, and the Illinois health

20 insurance marketplace shall work cooperatively to assist

21 persons who would otherwise lose health benefits as a result

22 of changes made under Public Act 98-104 to transition to other

23 health insurance coverage.

24 (Source: P.A. 104-9, eff. 1-1-26.)

25  (305 ILCS 5/5-2.1d)
    SB3365 Enrolled  - 340 - LRB104 18483 SSS 31925 b

1   Sec. 5-2.1d. Retroactive eligibility. Subject to federal

2 approval and in accordance with applicable federal law and

3 requirements, an An applicant for medical assistance may be

4 eligible for up to 3 months prior to the date of application if

5 the person would have been eligible for medical assistance at

6 the time he or she received the services if he or she had

7 applied, regardless of whether the individual is alive when

8 the application for medical assistance is made. In determining

9 financial eligibility for medical assistance for retroactive

10 months, the Department shall consider the amount of income and

11 resources and exemptions available to a person as of the first

12 day of each of the backdated months for which eligibility is

13 sought. The Department shall, by rule, establish the duration

14 of retroactive eligibility, which shall at a minimum equal the

15 duration of eligibility for federal matching funds.

16 (Source: P.A. 97-689, eff. 6-14-12.)

17  (305 ILCS 5/11-4) (from Ch. 23, par. 11-4)

18  Sec. 11-4. Applications; assistance in making

19 applications. An initial application for public assistance

20 shall be deemed an application for all such benefits to which

21 any person may be entitled except to the extent that the

22 applicant expressly declines in writing to apply for

23 particular benefits. A redetermination of eligibility shall

24 occur at least annually or for any other periodic time period

25 established by the Department by rule that is necessary to
    SB3365 Enrolled  - 341 - LRB104 18483 SSS 31925 b

1 implement the federal Medicaid provisions contained in Public

2 Law 119-21 and any corresponding federal regulations or

3 requirements issued by the federal Centers for Medicare and

4 Medicaid Services. A redetermination The redetermination is an

5 annual redetermination of eligibility is for of current

6 benefits and is not an initial application. The Illinois

7 Department shall provide information in writing about all

8 benefits provided under this Code to any person seeking public

9 assistance. The Illinois Department shall also provide

10 information in writing and orally to all applicants about an

11 election to have financial aid deposited directly in a

12 recipient's savings account or checking account or in any

13 electronic benefits account or accounts as provided in Section

14 11-3.1, to the extent that those elections are actually

15 available, including information on any programs administered

16 by the State Treasurer to facilitate or encourage the

17 distribution of financial aid by direct deposit or electronic

18 benefits transfer. The Illinois Department shall determine the

19 applicant's eligibility for cash assistance, medical

20 assistance and food stamps unless the applicant expressly

21 declines in writing to apply for particular benefits. The

22 Illinois Department shall adopt policies and procedures to

23 facilitate timely changes between programs that result from

24 changes in categorical eligibility factors.

25  The County departments, local governmental units and the

26 Illinois Department shall assist applicants for public
    SB3365 Enrolled      - 342 - LRB104 18483 SSS 31925 b

1 assistance to properly complete their applications. Such
2 assistance shall include, but not be limited to, assistance in
3 securing evidence in support of their eligibility.
4 (Source: P.A. 104-9, eff. 6-16-25.)

5   (305 ILCS 5/11-5.1)

6   Sec. 11-5.1. Eligibility verification. Notwithstanding any

7 other provision of this Code, with respect to applications for

8 medical assistance provided under Article V of this Code,

9 eligibility shall be determined in a manner that ensures

10 program integrity and complies with federal laws and

11 regulations while minimizing unnecessary barriers to

12 enrollment. To this end, as soon as practicable, and unless

13 the Department receives written denial from the federal

14 government, this Section shall be implemented:

15  (a) The Department of Healthcare and Family Services or

16 its designees shall:

17  (1) By no later than July 1, 2011, require

18  verification of, at a minimum, one month's income from all

19  sources required for determining the eligibility of

20  applicants for medical assistance under this Code. Such

21  verification shall take the form of pay stubs, business or

22  income and expense records for self-employed persons,

23  letters from employers, and any other valid documentation

24  of income including data obtained electronically by the

25  Department or its designees from other sources as
    SB3365 Enrolled   - 343 - LRB104 18483 SSS 31925 b

1   described in subsection (b) of this Section. A month's

2   income may be verified by a single pay stub with the

3   monthly income extrapolated from the time period covered

4   by the pay stub.

5   (2) By no later than October 1, 2011, require

6   verification of, at a minimum, one month's income from all

7   sources required for determining the continued eligibility

8   of recipients at their annual review of eligibility for

9   medical assistance under this Code. Information the

10  Department receives prior to the annual review, including

11  information available to the Department as a result of the

12  recipient's application for other non-Medicaid benefits,

13  that is sufficient to make a determination of continued

14  Medicaid eligibility may be reviewed and verified, and

15  subsequent action taken including client notification of

16  continued Medicaid eligibility. The date of client

17  notification establishes the date for subsequent annual

18  Medicaid eligibility reviews. Such verification shall take

19  the form of pay stubs, business or income and expense

20  records for self-employed persons, letters from employers,

21  and any other valid documentation of income including data

22  obtained electronically by the Department or its designees

23  from other sources as described in subsection (b) of this

24  Section. A month's income may be verified by a single pay

25  stub with the monthly income extrapolated from the time

26  period covered by the pay stub. The Department shall send
    SB3365 Enrolled     - 344 - LRB104 18483 SSS 31925 b

1   a notice to recipients at least 60 days prior to the end of

2   their period of eligibility that informs them of the

3   requirements for continued eligibility. If a recipient

4   does not fulfill the requirements for continued

5   eligibility by the deadline established in the notice a

6   notice of cancellation shall be issued to the recipient

7   and coverage shall end no later than the last day of the

8   month following the last day of the eligibility period. A

9   recipient's eligibility may be reinstated without

10  requiring a new application if the recipient fulfills the

11  requirements for continued eligibility prior to the end of

12  the third month following the last date of coverage (or

13  longer period if required by federal regulations). Nothing

14  in this Section shall prevent an individual whose coverage

15  has been cancelled from reapplying for health benefits at

16  any time.

17  (3) By no later than July 1, 2011, require

18  verification of Illinois residency.

19  The Department, with federal approval, may choose to adopt

20 continuous financial eligibility for a full 12 months for

21 adults on Medicaid.

22  (b) The Department shall establish or continue cooperative

23 arrangements with the Social Security Administration, the

24 Illinois Secretary of State, the Department of Human Services,

25 the Department of Revenue, the Department of Employment

26 Security, and any other appropriate entity to gain electronic
    SB3365 Enrolled           - 345 - LRB104 18483 SSS 31925 b

1 access, to the extent allowed by law, to information available

2 to those entities that may be appropriate for electronically

3 verifying any factor of eligibility for benefits under the

4 Program. Data relevant to eligibility shall be provided for no

5 other purpose than to verify the eligibility of new applicants

6 or current recipients of health benefits under the Program.

7 Data shall be requested or provided for any new applicant or

8 current recipient only insofar as that individual's

9 circumstances are relevant to that individual's or another

10 individual's eligibility.

11  (c) Within 90 days of the effective date of this

12 amendatory Act of the 96th General Assembly, the Department of

13 Healthcare and Family Services shall send notice to current

14 recipients informing them of the changes regarding their

15 eligibility verification.

16  (d) As soon as practical if the data is reasonably

17 available, but no later than January 1, 2017, the Department

18 shall compile on a monthly basis data on eligibility

19 redeterminations of beneficiaries of medical assistance

20 provided under Article V of this Code. In addition to the other

21 data required under this subsection, the Department shall

22 compile on a monthly basis data on the percentage of

23 beneficiaries whose eligibility is renewed through ex parte

24 redeterminations as described in subsection (b) of Section

25 5-1.6 of this Code, subject to federal approval of the changes

26 made in subsection (b) of Section 5-1.6 by this amendatory Act
    SB3365 Enrolled  - 346 - LRB104 18483 SSS 31925 b

1 of the 102nd General Assembly. This data shall be posted on the

2 Department's website, and data from prior months shall be

3 retained and available on the Department's website. The data

4 compiled and reported shall include the following:

5   (1) The total number of redetermination decisions made

6   in a month and, of that total number, the number of

7   decisions to continue or change benefits and the number of

8   decisions to cancel benefits.

9   (2) A breakdown of enrollee language preference for

10  the total number of redetermination decisions made in a

11  month and, of that total number, a breakdown of enrollee

12  language preference for the number of decisions to

13  continue or change benefits, and a breakdown of enrollee

14  language preference for the number of decisions to cancel

15  benefits. The language breakdown shall include, at a

16  minimum, English, Spanish, and the next 4 most commonly

17  used languages.

18  (3) The percentage of cancellation decisions made in a

19  month due to each of the following:

20  (A) The beneficiary's ineligibility due to excess

21  income.

22  (B) The beneficiary's ineligibility due to not

23  being an Illinois resident.

24  (C) The beneficiary's ineligibility due to being

25  deceased.

26  (D) The beneficiary's request to cancel benefits.
    SB3365 Enrolled  - 347 - LRB104 18483 SSS 31925 b

1            (E) The beneficiary's lack of response after

2   notices mailed to the beneficiary are returned to the

3   Department as undeliverable by the United States

4   Postal Service.

5            (F) The beneficiary's lack of response to a

6   request for additional information when reliable

7   information in the beneficiary's account, or other

8   more current information, is unavailable to the

9   Department to make a decision on whether to continue

10  benefits.

11           (G) Other reasons tracked by the Department for

12  the purpose of ensuring program integrity.

13  (4) If a vendor is utilized to provide services in

14  support of the Department's redetermination decision

15  process, the total number of redetermination decisions

16  made in a month and, of that total number, the number of

17  decisions to continue or change benefits, and the number

18  of decisions to cancel benefits (i) with the involvement

19  of the vendor and (ii) without the involvement of the

20  vendor.

21  (5) Of the total number of benefit cancellations in a

22  month, the number of beneficiaries who return from

23  cancellation within one month, the number of beneficiaries

24  who return from cancellation within 2 months, and the

25  number of beneficiaries who return from cancellation

26  within 3 months. Of the number of beneficiaries who return
    SB3365 Enrolled     - 348 - LRB104 18483 SSS 31925 b

1   from cancellation within 3 months, the percentage of those

2   cancellations due to each of the reasons listed under

3   paragraph (3) of this subsection.

4   (e) The Department shall conduct a complete review of the

5 Medicaid redetermination process in order to identify changes

6 that can increase the use of ex parte redetermination

7 processing. This review shall be completed within 90 days

8 after the effective date of this amendatory Act of the 101st

9 General Assembly. Within 90 days of completion of the review,

10 the Department shall seek written federal approval of policy

11 changes the review recommended and implement once approved.

12 The review shall specifically include, but not be limited to,

13 use of ex parte redeterminations of the following populations:

14  (1) Recipients of developmental disabilities services.

15  (2) Recipients of benefits under the State's Aid to

16  the Aged, Blind, or Disabled program.

17  (3) Recipients of Medicaid long-term care services and

18  supports, including waiver services.

19  (4) All Modified Adjusted Gross Income (MAGI)

20  populations.

21  (5) Populations with no verifiable income.

22  (6) Self-employed people.

23  The report shall also outline populations and

24 circumstances in which an ex parte redetermination is not a

25 recommended option.

26  (f) The Department shall explore and implement, as
    SB3365 Enrolled     - 349 - LRB104 18483 SSS 31925 b

1 practical and technologically possible, roles that

2 stakeholders outside State agencies can play to assist in

3 expediting eligibility determinations and redeterminations

4 within 24 months after the effective date of this amendatory

5 Act of the 101st General Assembly. Such practical roles to be

6 explored to expedite the eligibility determination processes

7 shall include the implementation of hospital presumptive

8 eligibility, as authorized by the Patient Protection and

9 Affordable Care Act.

10  (g) The Department or its designee shall seek federal

11 approval to enhance the reasonable compatibility standard from

12 5% to 10%.

13  (h) Reporting. The Department of Healthcare and Family

14 Services and the Department of Human Services shall publish

15 quarterly reports on their progress in implementing policies

16 and practices pursuant to this Section as modified by this

17 amendatory Act of the 101st General Assembly.

18  (1) The reports shall include, but not be limited to,

19  the following:

20             (A) Medical application processing, including a

21  breakdown of the number of MAGI, non-MAGI, long-term

22  care, and other medical cases pending for various

23  incremental time frames between 0 to 181 or more days.

24             (B) Medical redeterminations completed, including:

25  (i) a breakdown of the number of households that were

26  redetermined ex parte and those that were not; (ii)
    SB3365 Enrolled          - 350 - LRB104 18483 SSS 31925 b

1   the reasons households were not redetermined ex parte;

2   and (iii) the relative percentages of these reasons.

3   (C) A narrative discussion on issues identified in

4   the functioning of the State's Integrated Eligibility

5   System and progress on addressing those issues, as

6   well as progress on implementing strategies to address

7   eligibility backlogs, including expanding ex parte

8   determinations to ensure timely eligibility

9   determinations and renewals.

10  (2) Initial reports shall be issued within 90 days

11  after the effective date of this amendatory Act of the

12  101st General Assembly.

13  (3) All reports shall be published on the Department's

14  website.

15  (i) It is the determination of the General Assembly that

16 the Department must include seniors and persons with

17 disabilities in ex parte renewals. It is the determination of

18 the General Assembly that the Department must use its asset

19 verification system to assist in the determination of whether

20 an individual's coverage can be renewed using the ex parte

21 process. If a State Plan amendment is required, the Department

22 shall pursue such State Plan amendment by July 1, 2022. Within

23 60 days after receiving federal approval or guidance, the

24 Department of Healthcare and Family Services and the

25 Department of Human Services shall make necessary technical

26 and rule changes to implement these changes to the
    SB3365 Enrolled      - 351 - LRB104 18483 SSS 31925 b

1 redetermination process.
2 (Source: P.A. 101-209, eff. 8-5-19; 101-649, eff. 7-7-20;
3 102-1037, eff. 6-2-22.)

4   (305 ILCS 5/11-5.4)

5   Sec. 11-5.4. Expedited long-term care eligibility

6 determination and enrollment.

7   (a) Establishment of the expedited long-term care

8 eligibility determination and enrollment system shall be a

9 joint venture of the Departments of Human Services and

10 Healthcare and Family Services and the Department on Aging.

11  (b) Streamlined application enrollment process; expedited

12 eligibility process. The streamlined application and

13 enrollment process must include, but need not be limited to,

14 the following:

15  (1) On or before July 1, 2019, a streamlined

16  application and enrollment process shall be put in place

17  which must include, but need not be limited to, the

18  following:

19  (A) Minimize the burden on applicants by

20  collecting only the data necessary to determine

21  eligibility for medical services, long-term care

22  services, and spousal impoverishment offset.

23  (B) Integrate online data sources to simplify the

24  application process by reducing the amount of

25  information needed to be entered and to expedite
    SB3365 Enrolled  - 352 - LRB104 18483 SSS 31925 b

1   eligibility verification.

2   (C) Provide online prompts to alert the applicant

3   that information is missing or not complete.

4   (D) Provide training and step-by-step written

5   instructions for caseworkers, applicants, and

6   providers.

7   (2) The State must expedite the eligibility process

8   for applicants meeting specified guidelines, regardless of

9   the age of the application. The guidelines, subject to

10  federal approval, must include, but need not be limited

11  to, the following individually or collectively:

12  (A) Full Medicaid benefits in the community for a

13  specified period of time.

14  (B) No transfer of assets or resources during the

15  federally prescribed look-back period, as specified in

16  federal law.

17  (C) Receives Supplemental Security Income payments

18  or was receiving such payments at the time of

19  admission to a nursing facility.

20  (D) For applicants or recipients with verified

21  income at or below 100% of the federal poverty level

22  when the declared value of their countable resources

23  is no greater than the allowable amounts pursuant to

24  Section 5-2 of this Code for classes of eligible

25  persons for whom a resource limit applies. Such

26  simplified verification policies shall apply to
    SB3365 Enrolled  - 353 - LRB104 18483 SSS 31925 b

1   community cases as well as long-term care cases.

2   (3) Subject to federal approval, the Department of

3   Healthcare and Family Services must implement an ex parte

4   renewal process for Medicaid-eligible individuals residing

5   in long-term care facilities. "Renewal" has the same

6   meaning as "redetermination" in State policies,

7   administrative rule, and federal Medicaid law. The ex

8   parte renewal process must be fully operational on or

9   before January 1, 2019. If an individual has transferred

10  to another long-term care facility, any annual notice

11  concerning redetermination of eligibility must be sent to

12  the long-term care facility where the individual resides

13  as well as to the individual.

14  (4) The Department of Human Services must use the

15  standards and distribution requirements described in this

16  subsection and in Section 11-6 for notification of missing

17  supporting documents and information during all phases of

18  the application process: initial, renewal, and appeal.

19  (c) The Department of Human Services must adopt policies

20 and procedures to improve communication between long-term care

21 benefits central office personnel, applicants and their

22 representatives, and facilities in which the applicants

23 reside. Such policies and procedures must at a minimum permit

24 applicants and their representatives and the facility in which

25 the applicants reside to speak directly to an individual

26 trained to take telephone inquiries and provide appropriate
    SB3365 Enrolled  - 354 - LRB104 18483 SSS 31925 b

1 responses.

2   (d) Effective 30 days after the completion of 3 regionally

3 based trainings, nursing facilities shall submit all

4 applications for medical assistance online via the Application

5 for Benefits Eligibility (ABE) website. This requirement shall

6 extend to scanning and uploading with the online application

7 any required additional forms such as the Long Term Care

8 Facility Notification and the Additional Financial Information

9 for Long Term Care Applicants as well as scanned copies of any

10 supporting documentation. Long-term care facility admission

11 documents must be submitted as required in Section 5-5 of this

12 Code. No local Department of Human Services office shall

13 refuse to accept an electronically filed application. No

14 Department of Human Services office shall request submission

15 of any document in hard copy.

16  (e) Notwithstanding any other provision of this Code, the

17 Department of Human Services and the Department of Healthcare

18 and Family Services' Office of the Inspector General shall,

19 upon request, allow an applicant additional time to submit

20 information and documents needed as part of a review of

21 available resources or resources transferred during the

22 look-back period. The initial extension shall not exceed 30

23 days. A second extension of 30 days may be granted upon

24 request. Any request for information issued by the State to an

25 applicant shall include the following: an explanation of the

26 information required and the date by which the information
    SB3365 Enrolled  - 355 - LRB104 18483 SSS 31925 b

1 must be submitted; a statement that failure to respond in a

2 timely manner can result in denial of the application; a

3 statement that the applicant or the facility in the name of the

4 applicant may seek an extension; and the name and contact

5 information of a caseworker in case of questions. Any such

6 request for information shall also be sent to the facility. In

7 deciding whether to grant an extension, the Department of

8 Human Services or the Department of Healthcare and Family

9 Services' Office of the Inspector General shall take into

10 account what is in the best interest of the applicant. The time

11 limits for processing an application shall be tolled during

12 the period of any extension granted under this subsection.

13  (f) The Department of Human Services and the Department of

14 Healthcare and Family Services must jointly compile data on

15 pending applications, denials, appeals, and redeterminations

16 into a monthly report, which shall be posted on each

17 Department's website for the purposes of monitoring long-term

18 care eligibility processing. The report must specify the

19 number of applications and redeterminations pending long-term

20 care eligibility determination and admission and the number of

21 appeals of denials in the following categories:

22  (A) Length of time applications, redeterminations, and

23  appeals are pending - 0 to 45 days, 46 days to 90 days, 91

24  days to 180 days, 181 days to 12 months, over 12 months to

25  18 months, over 18 months to 24 months, and over 24 months.

26  (B) Percentage of applications and redeterminations
    SB3365 Enrolled        - 356 - LRB104 18483 SSS 31925 b

1   pending in the Department of Human Services' Family

2   Community Resource Centers, in the Department of Human

3   Services' long-term care hubs, with the Department of

4   Healthcare and Family Services' Office of Inspector

5   General, and those applications which are being tolled due

6   to requests for extension of time for additional

7   information.

8   (C) Status of pending applications, denials, appeals,

9   and redeterminations.

10  (g) Beginning on July 1, 2017, the Auditor General shall

11 report every 3 years to the General Assembly on the

12 performance and compliance of the Department of Healthcare and

13 Family Services, the Department of Human Services, and the

14 Department on Aging in meeting the requirements of this

15 Section and the federal requirements concerning eligibility

16 determinations for Medicaid long-term care services and

17 supports, and shall report any issues or deficiencies and make

18 recommendations. The Auditor General shall, at a minimum,

19 review, consider, and evaluate the following:

20  (1) compliance with federal regulations on furnishing

21  services as related to Medicaid long-term care services

22  and supports as provided under 42 CFR 435.930;

23  (2) compliance with federal regulations on the timely

24  determination of eligibility as provided under 42 CFR

25  435.912;

26  (3) the accuracy and completeness of the report
    SB3365 Enrolled        - 357 - LRB104 18483 SSS 31925 b

1   required under paragraph (9) of subsection (e);

2   (4) the efficacy and efficiency of the task-based

3   process used for making eligibility determinations in the

4   centralized offices of the Department of Human Services

5   for long-term care services, including the role of the

6   State's integrated eligibility system, as opposed to the

7   traditional caseworker-specific process from which these

8   central offices have converted; and

9   (5) any issues affecting eligibility determinations

10  related to the Department of Human Services' staff

11  completing Medicaid eligibility determinations instead of

12  the designated single-state Medicaid agency in Illinois,

13  the Department of Healthcare and Family Services.

14  The Auditor General's report shall include any and all

15 other areas or issues which are identified through an annual

16 review. Paragraphs (1) through (5) of this subsection shall

17 not be construed to limit the scope of the annual review and

18 the Auditor General's authority to thoroughly and completely

19 evaluate any and all processes, policies, and procedures

20 concerning compliance with federal and State law requirements

21 on eligibility determinations for Medicaid long-term care

22 services and supports.

23  (h) The Department of Healthcare and Family Services shall

24 adopt any rules necessary to administer and enforce any

25 provision of this Section. Rulemaking shall not delay the full

26 implementation of this Section.
    SB3365 Enrolled  - 358 - LRB104 18483 SSS 31925 b

1   (i) Beginning on June 29, 2018, provisional eligibility

2 for medical assistance under Article V of this Code, in the

3 form of a recipient identification number and any other

4 necessary credentials to permit an applicant to receive

5 covered services under Article V, must be issued to any

6 applicant who has not received a determination on his or her

7 application for Medicaid and Medicaid long-term care services

8 filed simultaneously or, if already Medicaid enrolled,

9 application for Medicaid long-term care services under Article

10 V of this Code within the federally prescribed timeliness

11 requirements for determinations on such applications. The

12 Department of Healthcare and Family Services must maintain the

13 applicant's provisional eligibility status until a

14 determination is made on the individual's application for

15 long-term care services. The Department of Healthcare and

16 Family Services or the managed care organization, if

17 applicable, must reimburse providers for services rendered

18 during an applicant's provisional eligibility period.

19  (1) Claims for services rendered to an applicant with

20  provisional eligibility status must be submitted and

21  processed in the same manner as those submitted on behalf

22  of beneficiaries determined to qualify for benefits.

23  (2) An applicant with provisional eligibility status

24  must have his or her long-term care benefits paid for

25  under the State's fee-for-service system during the period

26  of provisional eligibility. If an individual otherwise
    SB3365 Enrolled     - 359 - LRB104 18483 SSS 31925 b

1   eligible for medical assistance under Article V of this

2   Code is enrolled with a managed care organization for

3   community benefits at the time the individual's

4   provisional eligibility for long-term care services is

5   issued, the managed care organization is only responsible

6   for paying benefits covered under the capitation payment

7   received by the managed care organization for the

8   individual.

9   (3) The Department of Healthcare and Family Services,

10  within 10 business days of issuing provisional eligibility

11  to an applicant, must submit to the Office of the

12  Comptroller for payment a voucher for all retroactive

13  reimbursement due. The Department of Healthcare and Family

14  Services must clearly identify such vouchers as

15  provisional eligibility vouchers.

16 (Source: P.A. 101-101, eff. 1-1-20; 101-209, eff. 8-5-19;

17 101-265, eff. 8-9-19; 101-559, eff. 8-23-19; 102-558, eff.

18 8-20-21.)

19                      ARTICLE 225.

20  Section 225-5. The Illinois Act on the Aging is amended by

21 changing Section 4.02 as follows:

22  (20 ILCS 105/4.02)

23  Sec. 4.02. Community Care Program. The Department shall
    SB3365 Enrolled         - 360 - LRB104 18483 SSS 31925 b

1 establish a program of services to prevent unnecessary

2 institutionalization of persons age 60 and older in need of

3 long term care or who are established as persons who suffer

4 from Alzheimer's disease or a related disorder under the

5 Alzheimer's Disease Assistance Act, thereby enabling them to

6 remain in their own homes or in other living arrangements.

7 Such preventive services, which may be coordinated with other

8 programs for the aged, may include, but are not limited to, any

9 or all of the following:

10  (a) (blank);

11  (b) (blank);

12  (c) home care aide services;

13  (d) personal assistant services;

14  (e) adult day services;

15  (f) home-delivered meals;

16  (g) education in self-care;

17  (h) personal care services;

18  (i) adult day health services;

19  (j) habilitation services;

20  (k) respite care;

21  (k-5) community reintegration services;

22  (k-6) flexible senior services;

23  (k-7) medication management;

24  (k-8) emergency home response;

25  (l) other nonmedical social services that may enable

26  the person to become self-supporting; or
    SB3365 Enrolled  - 361 - LRB104 18483 SSS 31925 b

1   (m) (blank).

2   The Department shall establish eligibility standards for

3 such services. In determining the amount and nature of

4 services for which a person may qualify, consideration shall

5 not be given to the value of cash, property, or other assets

6 held in the name of the person's spouse pursuant to a written

7 agreement dividing marital property into equal but separate

8 shares or pursuant to a transfer of the person's interest in a

9 home to his spouse, provided that the spouse's share of the

10 marital property is not made available to the person seeking

11 such services.

12  The Department shall require as a condition of eligibility

13 that all new financially eligible applicants apply for and

14 enroll in medical assistance under Article V of the Illinois

15 Public Aid Code in accordance with rules promulgated by the

16 Department.

17  The Department shall, in conjunction with the Department

18 of Public Aid (now Department of Healthcare and Family

19 Services), seek appropriate amendments under Sections 1915 and

20 1924 of the Social Security Act. The purpose of the amendments

21 shall be to extend eligibility for home and community based

22 services under Sections 1915 and 1924 of the Social Security

23 Act to persons who transfer to or for the benefit of a spouse

24 those amounts of income and resources allowed under Section

25 1924 of the Social Security Act. Subject to the approval of

26 such amendments, the Department shall extend the provisions of
SB3365 Enrolled  - 362 - LRB104 18483 SSS 31925 b

 1 Section 5-4 of the Illinois Public Aid Code to persons who, but
 2 for the provision of home or community-based services, would
 3 require the level of care provided in an institution, as is
 4 provided for in federal law. Those persons no longer found to
 5 be eligible for receiving noninstitutional services due to
 6 changes in the eligibility criteria shall be given 45 days
 7 notice prior to actual termination. Those persons receiving
 8 notice of termination may contact the Department and request
 9 the determination be appealed at any time during the 45 day
10 notice period. The target population identified for the
11 purposes of this Section are persons age 60 and older with an
12 identified service need. Priority shall be given to those who
13 are at imminent risk of institutionalization. The services
14 shall be provided to eligible persons age 60 and older to the
15 extent that the cost of the services together with the other
16 personal maintenance expenses of the persons are reasonably
17 related to the standards established for care in a group
18 facility appropriate to the person's condition. These
19 noninstitutional services, pilot projects, or experimental
20 facilities may be provided as part of or in addition to those
21 authorized by federal law or those funded and administered by
22 the Department of Human Services. The Departments of Human
23 Services, Healthcare and Family Services, Public Health,
24 Veterans' Affairs, and Commerce and Economic Opportunity and
25 other appropriate agencies of State, federal, and local
26 governments shall cooperate with the Department on Aging in
    SB3365 Enrolled  - 363 - LRB104 18483 SSS 31925 b

1 the establishment and development of the noninstitutional

2 services. The Department shall require an annual audit from

3 all personal assistant and home care aide vendors contracting

4 with the Department under this Section. The annual audit shall

5 assure that each audited vendor's procedures are in compliance

6 with Department's financial reporting guidelines requiring an

7 administrative and employee wage and benefits cost split as

8 defined in administrative rules. The audit is a public record

9 under the Freedom of Information Act. The Department shall

10 execute, relative to the nursing home prescreening project,

11 written inter-agency agreements with the Department of Human

12 Services and the Department of Healthcare and Family Services,

13 to effect the following: (1) intake procedures and common

14 eligibility criteria for those persons who are receiving

15 noninstitutional services; and (2) the establishment and

16 development of noninstitutional services in areas of the State

17 where they are not currently available or are undeveloped. On

18 and after July 1, 1996, all nursing home prescreenings for

19 individuals 60 years of age or older shall be conducted by the

20 Department.

21  As part of the Department on Aging's routine training of

22 case managers and case manager supervisors, the Department may

23 include information on family futures planning for persons who

24 are age 60 or older and who are caregivers of their adult

25 children with developmental disabilities. The content of the

26 training shall be at the Department's discretion.
    SB3365 Enrolled           - 364 - LRB104 18483 SSS 31925 b

1   The Department is authorized to establish a system of

2 recipient copayment for services provided under this Section,

3 such copayment to be based upon the recipient's ability to pay

4 but in no case to exceed the actual cost of the services

5 provided. Additionally, any portion of a person's income which

6 is equal to or less than the federal poverty standard shall not

7 be considered by the Department in determining the copayment.

8 The level of such copayment shall be adjusted whenever

9 necessary to reflect any change in the officially designated

10 federal poverty standard.

11  The Department, or the Department's authorized

12 representative, may recover the amount of moneys expended for

13 services provided to or in behalf of a person under this

14 Section by a claim against the person's estate or against the

15 estate of the person's surviving spouse, but no recovery may

16 be had until after the death of the surviving spouse, if any,

17 and then only at such time when there is no surviving child who

18 is under age 21 or blind or who has a permanent and total

19 disability. This paragraph, however, shall not bar recovery,

20 at the death of the person, of moneys for services provided to

21 the person or in behalf of the person under this Section to

22 which the person was not entitled; provided that such recovery

23 shall not be enforced against any real estate while it is

24 occupied as a homestead by the surviving spouse or other

25 dependent, if no claims by other creditors have been filed

26 against the estate, or, if such claims have been filed, they
    SB3365 Enrolled  - 365 - LRB104 18483 SSS 31925 b

1 remain dormant for failure of prosecution or failure of the

2 claimant to compel administration of the estate for the

3 purpose of payment. This paragraph shall not bar recovery from

4 the estate of a spouse, under Sections 1915 and 1924 of the

5 Social Security Act and Section 5-4 of the Illinois Public Aid

6 Code, who precedes a person receiving services under this

7 Section in death. All moneys for services paid to or in behalf

8 of the person under this Section shall be claimed for recovery

9 from the deceased spouse's estate. "Homestead", as used in

10 this paragraph, means the dwelling house and contiguous real

11 estate occupied by a surviving spouse or relative, as defined

12 by the rules and regulations of the Department of Healthcare

13 and Family Services, regardless of the value of the property.

14  The Department shall increase the effectiveness of the

15 existing Community Care Program by:

16  (1) ensuring that in-home services included in the

17  care plan are available on evenings and weekends;

18  (2) ensuring that care plans contain the services that

19  eligible participants need based on the number of days in

20  a month, not limited to specific blocks of time, as

21  identified by the comprehensive assessment tool selected

22  by the Department for use statewide, not to exceed the

23  total monthly service cost maximum allowed for each

24  service; the Department shall develop administrative rules

25  to implement this item (2);

26  (3) ensuring that the participants have the right to
    SB3365 Enrolled  - 366 - LRB104 18483 SSS 31925 b

1   choose the services contained in their care plan and to

2   direct how those services are provided, based on

3   administrative rules established by the Department;

4   (4)(blank);

5   (5) ensuring that homemakers can provide personal care

6   services that may or may not involve contact with clients,

7   including, but not limited to:

8   (A) bathing;

9   (B) grooming;

10  (C) toileting;

11  (D) nail care;

12  (E) transferring;

13  (F) respiratory services;

14  (G) exercise; or

15  (H) positioning;

16  (6) ensuring that homemaker program vendors are not

17  restricted from hiring homemakers who are family members

18  of clients or recommended by clients; the Department may

19  not, by rule or policy, require homemakers who are family

20  members of clients or recommended by clients to accept

21  assignments in homes other than the client;

22  (7) ensuring that the State may access maximum federal

23  matching funds by seeking approval for the Centers for

24  Medicare and Medicaid Services for modifications to the

25  State's home and community based services waiver and

26  additional waiver opportunities, including applying for
    SB3365 Enrolled  - 367 - LRB104 18483 SSS 31925 b

1   enrollment in the Balance Incentive Payment Program by May

2   1, 2013, in order to maximize federal matching funds; this

3   shall include, but not be limited to, modification that

4   reflects all changes in the Community Care Program

5   services and all increases in the services cost maximum;

6   (8) ensuring that the determination of need tool

7   accurately reflects the service needs of individuals with

8   Alzheimer's disease and related dementia disorders;

9   (9) ensuring that services are authorized accurately

10  and consistently for the Community Care Program (CCP); the

11  Department shall implement a Service Authorization policy

12  directive; the purpose shall be to ensure that eligibility

13  and services are authorized accurately and consistently in

14  the CCP program; the policy directive shall clarify

15  service authorization guidelines to Care Coordination

16  Units and Community Care Program providers no later than

17  May 1, 2013;

18  (10) working in conjunction with Care Coordination

19  Units, the Department of Healthcare and Family Services,

20  the Department of Human Services, Community Care Program

21  providers, and other stakeholders to make improvements to

22  the Medicaid claiming processes and the Medicaid

23  enrollment procedures or requirements as needed,

24  including, but not limited to, specific policy changes or

25  rules to improve the up-front enrollment of participants

26  in the Medicaid program and specific policy changes or
    SB3365 Enrolled  - 368 - LRB104 18483 SSS 31925 b

1   rules to ensure insure more prompt submission of bills to

2   the federal government to secure maximum federal matching

3   dollars as promptly as possible; the Department on Aging

4   shall have at least 3 meetings with stakeholders by

5   January 1, 2014 in order to address these improvements;

6   (11) requiring home care service providers to comply

7   with the rounding of hours worked provisions under the

8   federal Fair Labor Standards Act (FLSA) and as set forth

9   in 29 CFR 785.48(b) by May 1, 2013;

10  (12) implementing any necessary policy changes or

11  promulgating any rules, no later than January 1, 2014, to

12  assist the Department of Healthcare and Family Services in

13  moving as many participants as possible, consistent with

14  federal regulations, into coordinated care plans if a care

15  coordination plan that covers long term care is available

16  in the recipient's area; and

17  (13) (blank).

18  By January 1, 2009 or as soon after the end of the Cash and

19 Counseling Demonstration Project as is practicable, the

20 Department may, based on its evaluation of the demonstration

21 project, promulgate rules concerning personal assistant

22 services, to include, but need not be limited to,

23 qualifications, employment screening, rights under fair labor

24 standards, training, fiduciary agent, and supervision

25 requirements. All applicants shall be subject to the

26 provisions of the Health Care Worker Background Check Act.
   SB3365 Enrolled  - 369 - LRB104 18483 SSS 31925 b

1  The Department shall develop procedures to enhance

2 availability of services on evenings, weekends, and on an

3 emergency basis to meet the respite needs of caregivers.

4 Procedures shall be developed to permit the utilization of

5 services in successive blocks of 24 hours up to the monthly

6 maximum established by the Department. Workers providing these

7 services shall be appropriately trained.

8  No person may perform chore/housekeeping and home care

9 aide services under a program authorized by this Section

10 unless that person has been issued a certificate of

11 pre-service to do so by his or her employing agency.

12 Information gathered to effect such certification shall

13 include (i) the person's name, (ii) the date the person was

14 hired by his or her current employer, and (iii) the training,

15 including dates and levels. Persons engaged in the program

16 authorized by this Section before the effective date of this

17 amendatory Act of 1991 shall be issued a certificate of all

18 pre-service and in-service training from his or her employer

19 upon submitting the necessary information. The employing

20 agency shall be required to retain records of all staff

21 pre-service and in-service training, and shall provide such

22 records to the Department upon request and upon termination of

23 the employer's contract with the Department. In addition, the

24 employing agency is responsible for the issuance of

25 certifications of in-service training completed to their

26 employees.
    SB3365 Enrolled  - 370 - LRB104 18483 SSS 31925 b

1   The Department is required to develop a system to ensure

2 that persons working as home care aides and personal

3 assistants receive increases in their wages when the federal

4 minimum wage is increased by requiring vendors to certify that

5 they are meeting the federal minimum wage statute for home

6 care aides and personal assistants. An employer that cannot

7 ensure that the minimum wage increase is being given to home

8 care aides and personal assistants shall be denied any

9 increase in reimbursement costs.

10  The Community Care Program Advisory Committee is created

11 in the Department on Aging. The Director shall appoint

12 individuals to serve in the Committee, who shall serve at

13 their own expense. Members of the Committee must abide by all

14 applicable ethics laws. The Committee shall advise the

15 Department on issues related to the Department's program of

16 services to prevent unnecessary institutionalization. The

17 Committee shall meet on a bi-monthly basis and shall serve to

18 identify and advise the Department on present and potential

19 issues affecting the service delivery network, the program's

20 clients, and the Department and to recommend solution

21 strategies. Persons appointed to the Committee shall be

22 appointed on, but not limited to, their own and their agency's

23 experience with the program, geographic representation, and

24 willingness to serve. The Director shall appoint members to

25 the Committee to represent provider, advocacy, policy

26 research, and other constituencies committed to the delivery
    SB3365 Enrolled  - 371 - LRB104 18483 SSS 31925 b

1 of high quality home and community-based services to older

2 adults. Representatives shall be appointed to ensure

3 representation from community care providers, including, but

4 not limited to, adult day service providers, homemaker

5 providers, case coordination and case management units,

6 emergency home response providers, statewide trade or labor

7 unions that represent home care aides and direct care staff,

8 area agencies on aging, adults over age 60, membership

9 organizations representing older adults, and other

10 organizational entities, providers of care, or individuals

11 with demonstrated interest and expertise in the field of home

12 and community care as determined by the Director.

13  Nominations may be presented from any agency or State

14 association with interest in the program. The Director, or his

15 or her designee, shall serve as the permanent co-chair of the

16 advisory committee. One other co-chair shall be nominated and

17 approved by the members of the committee on an annual basis.

18 Committee members' terms of appointment shall be for 4 years

19 with one-quarter of the appointees' terms expiring each year.

20 A member shall continue to serve until his or her replacement

21 is named. The Department shall fill vacancies that have a

22 remaining term of over one year, and this replacement shall

23 occur through the annual replacement of expiring terms. The

24 Director shall designate Department staff to provide technical

25 assistance and staff support to the committee. Department

26 representation shall not constitute membership of the
    SB3365 Enrolled  - 372 - LRB104 18483 SSS 31925 b

1 committee. All Committee papers, issues, recommendations,

2 reports, and meeting memoranda are advisory only. The

3 Director, or his or her designee, shall make a written report,

4 as requested by the Committee, regarding issues before the

5 Committee.

6   The Department on Aging and the Department of Human

7 Services shall cooperate in the development and submission of

8 an annual report on programs and services provided under this

9 Section. Such joint report shall be filed with the Governor

10 and the General Assembly on or before March 31 of the following

11 fiscal year.

12  The requirement for reporting to the General Assembly

13 shall be satisfied by filing copies of the report as required

14 by Section 3.1 of the General Assembly Organization Act and

15 filing such additional copies with the State Government Report

16 Distribution Center for the General Assembly as is required

17 under paragraph (t) of Section 7 of the State Library Act.

18  Those persons previously found eligible for receiving

19 noninstitutional services whose services were discontinued

20 under the Emergency Budget Act of Fiscal Year 1992, and who do

21 not meet the eligibility standards in effect on or after July

22 1, 1992, shall remain ineligible on and after July 1, 1992.

23 Those persons previously not required to cost-share and who

24 were required to cost-share effective March 1, 1992, shall

25 continue to meet cost-share requirements on and after July 1,

26 1992. Beginning July 1, 1992, all clients will be required to
    SB3365 Enrolled             - 373 - LRB104 18483 SSS 31925 b

1 meet eligibility, cost-share, and other requirements and will

2 have services discontinued or altered when they fail to meet

3 these requirements.

4   For the purposes of this Section, "flexible senior

5 services" refers to services that require one-time or periodic

6 expenditures, including, but not limited to, respite care,

7 home modification, assistive technology, housing assistance,

8 and transportation.

9   The Department shall implement an electronic service

10 verification based on global positioning systems or other

11 cost-effective technology for the Community Care Program no

12 later than January 1, 2014.

13  The Department shall require, as a condition of

14 eligibility, application for the medical assistance program

15 under Article V of the Illinois Public Aid Code.

16  The Department may authorize Community Care Program

17 services until an applicant is determined eligible for medical

18 assistance under Article V of the Illinois Public Aid Code.

19  The Department shall continue to provide Community Care

20 Program reports as required by statute, which shall include an

21 annual report on Care Coordination Unit performance and

22 adherence to service guidelines and a 6-month supplemental

23 report.

24  In regard to community care providers, failure to comply

25 with Department on Aging policies shall be cause for

26 disciplinary action, including, but not limited to,
    SB3365 Enrolled     - 374 - LRB104 18483 SSS 31925 b

1 disqualification from serving Community Care Program clients.

2 Each provider, upon submission of any bill or invoice to the

3 Department for payment for services rendered, shall include a

4 notarized statement, under penalty of perjury pursuant to

5 Section 1-109 of the Code of Civil Procedure, that the

6 provider has complied with all Department policies.

7   The Director of the Department on Aging shall make

8 information available to the State Board of Elections as may

9 be required by an agreement the State Board of Elections has

10 entered into with a multi-state voter registration list

11 maintenance system.

12  The Department shall pay an enhanced rate of at least

13 $1.77 per unit under the Community Care Program to those

14 in-home service provider agencies that offer health insurance

15 coverage as a benefit to their direct service worker employees

16 pursuant to rules adopted by the Department. The Department

17 shall review the enhanced rate as part of its process to rebase

18 in-home service provider reimbursement rates pursuant to

19 federal waiver requirements. Subject to federal approval,

20 beginning on January 1, 2024, rates for adult day services

21 shall be increased to $16.84 per hour and rates for each way

22 transportation services for adult day services shall be

23 increased to $12.44 per unit transportation.

24  Subject to federal approval, on and after January 1, 2024,

25 rates for homemaker services shall be increased to $28.07 to

26 sustain a minimum wage of $17 per hour for direct service
    SB3365 Enrolled  - 375 - LRB104 18483 SSS 31925 b

1 workers. Rates in subsequent State fiscal years shall be no

2 lower than the rates put into effect upon federal approval.

3 Providers of in-home services shall be required to certify to

4 the Department that they remain in compliance with the

5 mandated wage increase for direct service workers. Fringe

6 benefits, including, but not limited to, paid time off and

7 payment for training, health insurance, travel, or

8 transportation, shall not be reduced in relation to the rate

9 increases described in this paragraph.

10  Subject to and upon federal approval, on and after January

11 1, 2025, rates for homemaker services shall be increased to

12 $29.63 to sustain a minimum wage of $18 per hour for direct

13 service workers. Rates in subsequent State fiscal years shall

14 be no lower than the rates put into effect upon federal

15 approval. Providers of in-home services shall be required to

16 certify to the Department that they remain in compliance with

17 the mandated wage increase for direct service workers. Fringe

18 benefits, including, but not limited to, paid time off and

19 payment for training, health insurance, travel, or

20 transportation, shall not be reduced in relation to the rate

21 increases described in this paragraph.

22  Subject to and upon federal approval, on and after January

23 1, 2026, rates for homemaker services shall be increased to

24 $30.80 to sustain a minimum wage of $18.75 per hour for direct

25 service workers. Rates in subsequent State fiscal years shall

26 be no lower than the rates put into effect upon federal
    SB3365 Enrolled  - 376 - LRB104 18483 SSS 31925 b

1 approval. Providers of in-home services shall be required to

2 certify to the Department that they remain in compliance with

3 the mandated wage increase for direct service workers. Fringe

4 benefits, including, but not limited to, paid time off and

5 payment for training, health insurance, travel, or

6 transportation, shall not be reduced in relation to the rate

7 increases described in this paragraph.

8   The General Assembly finds it necessary to authorize an

9 aggressive Medicaid enrollment initiative designed to maximize

10 federal Medicaid funding for the Community Care Program which

11 produces significant savings for the State of Illinois. The

12 Department on Aging shall establish and implement a Community

13 Care Program Medicaid Initiative. Under the Initiative, the

14 Department on Aging shall, at a minimum: (i) provide an

15 enhanced rate to adequately compensate care coordination units

16 to enroll eligible Community Care Program clients into

17 Medicaid; (ii) use recommendations from a stakeholder

18 committee on how best to implement the Initiative; and (iii)

19 establish requirements for State agencies to make enrollment

20 in the State's Medical Assistance program easier for seniors.

21  The Community Care Program Medicaid Enrollment Oversight

22 Subcommittee is created as a subcommittee of the Older Adult

23 Services Advisory Committee established in Section 35 of the

24 Older Adult Services Act to make recommendations on how best

25 to increase the number of medical assistance recipients who

26 are enrolled in the Community Care Program. The Subcommittee
    SB3365 Enrolled     - 377 - LRB104 18483 SSS 31925 b

1 shall consist of all of the following persons who must be

2 appointed within 30 days after June 4, 2018 (the effective

3 date of Public Act 100-587):

4   (1) The Director of Aging, or his or her designee, who

5   shall serve as the chairperson of the Subcommittee.

6   (2) One representative of the Department of Healthcare

7   and Family Services, appointed by the Director of

8   Healthcare and Family Services.

9   (3) One representative of the Department of Human

10  Services, appointed by the Secretary of Human Services.

11  (4) One individual representing a care coordination

12  unit, appointed by the Director of Aging.

13  (5) One individual from a non-governmental statewide

14  organization that advocates for seniors, appointed by the

15  Director of Aging.

16  (6) One individual representing Area Agencies on

17  Aging, appointed by the Director of Aging.

18  (7) One individual from a statewide association

19  dedicated to Alzheimer's care, support, and research,

20  appointed by the Director of Aging.

21  (8) One individual from an organization that employs

22  persons who provide services under the Community Care

23  Program, appointed by the Director of Aging.

24  (9) One member of a trade or labor union representing

25  persons who provide services under the Community Care

26  Program, appointed by the Director of Aging.
    SB3365 Enrolled  - 378 - LRB104 18483 SSS 31925 b

1   (10) One member of the Senate, who shall serve as

2   co-chairperson, appointed by the President of the Senate.

3   (11) One member of the Senate, who shall serve as

4   co-chairperson, appointed by the Minority Leader of the

5   Senate.

6   (12) One member of the House of Representatives, who

7   shall serve as co-chairperson, appointed by the Speaker of

8   the House of Representatives.

9   (13) One member of the House of Representatives, who

10  shall serve as co-chairperson, appointed by the Minority

11  Leader of the House of Representatives.

12  (14) One individual appointed by a labor organization

13  representing frontline employees at the Department of

14  Human Services.

15  The Subcommittee shall provide oversight to the Community

16 Care Program Medicaid Initiative and shall meet quarterly. At

17 each Subcommittee meeting the Department on Aging shall

18 provide the following data sets to the Subcommittee: (A) the

19 number of Illinois residents, categorized by planning and

20 service area, who are receiving services under the Community

21 Care Program and are enrolled in the State's Medical

22 Assistance Program; (B) the number of Illinois residents,

23 categorized by planning and service area, who are receiving

24 services under the Community Care Program, but are not

25 enrolled in the State's Medical Assistance Program; and (C)

26 the number of Illinois residents, categorized by planning and
    SB3365 Enrolled  - 379 - LRB104 18483 SSS 31925 b

1 service area, who are receiving services under the Community

2 Care Program and are eligible for benefits under the State's

3 Medical Assistance Program, but are not enrolled in the

4 State's Medical Assistance Program. In addition to this data,

5 the Department on Aging shall provide the Subcommittee with

6 plans on how the Department on Aging will reduce the number of

7 Illinois residents who are not enrolled in the State's Medical

8 Assistance Program but who are eligible for medical assistance

9 benefits. The Department on Aging shall enroll in the State's

10 Medical Assistance Program those Illinois residents who

11 receive services under the Community Care Program and are

12 eligible for medical assistance benefits but are not enrolled

13 in the State's Medicaid Assistance Program. The data provided

14 to the Subcommittee shall be made available to the public via

15 the Department on Aging's website.

16  The Department on Aging, with the involvement of the

17 Subcommittee, shall collaborate with the Department of Human

18 Services and the Department of Healthcare and Family Services

19 on how best to achieve the responsibilities of the Community

20 Care Program Medicaid Initiative.

21  The Department on Aging, the Department of Human Services,

22 and the Department of Healthcare and Family Services shall

23 coordinate and implement a streamlined process for seniors to

24 access benefits under the State's Medical Assistance Program.

25  The Subcommittee shall collaborate with the Department of

26 Human Services on the adoption of a uniform application
    SB3365 Enrolled           - 380 - LRB104 18483 SSS 31925 b

1 submission process. The Department of Human Services and any

2 other State agency involved with processing the medical

3 assistance application of any person enrolled in the Community

4 Care Program shall include the appropriate care coordination

5 unit in all communications related to the determination or

6 status of the application.

7   The Community Care Program Medicaid Initiative shall

8 provide targeted funding to care coordination units to help

9 seniors complete their applications for medical assistance

10 benefits. On and after July 1, 2019, care coordination units

11 shall receive no less than $200 per completed application,

12 which rate may be included in a bundled rate for initial intake

13 services when Medicaid application assistance is provided in

14 conjunction with the initial intake process for new program

15 participants.

16  The Community Care Program Medicaid Initiative shall cease

17 operation 5 years after June 4, 2018 (the effective date of

18 Public Act 100-587), after which the Subcommittee shall

19 dissolve.

20  Effective July 1, 2023 through June 30, 2026, subject to

21 federal approval, the Department on Aging shall reimburse Care

22 Coordination Units at the following rates for case management

23 services: $252.40 for each initial assessment; $366.40 for

24 each initial assessment with translation; $229.68 for each

25 redetermination assessment; $313.68 for each redetermination

26 assessment with translation; $200.00 for each completed
   SB3365 Enrolled  - 381 - LRB104 18483 SSS 31925 b

1 application for medical assistance benefits; $132.26 for each

2 face-to-face, choices-for-care screening; $168.26 for each

3 face-to-face, choices-for-care screening with translation;

4 $124.56 for each 6-month, face-to-face visit; $132.00 for each

5 MCO participant eligibility determination; and $157.00 for

6 each MCO participant eligibility determination with

7 translation.

8  Effective July 1, 2026, subject to federal approval, the

9 Department on Aging shall reimburse Care Coordination Units at

10 the following rates for case management services: $252.40 for

11 each initial assessment; $366.40 for each initial assessment

12 with translation; $229.68 for each redetermination assessment;

13 $313.68 for each redetermination assessment with translation;

14 $200.00 for each completed application for medical assistance

15 benefits; $132.26 for each face-to-face, choices-for-care

16 screening; $168.26 for each face-to-face, choices-for-care

17 screening with translation; $124.56 for each 6-month,

18 face-to-face visit; $172 for each managed care participant

19 eligibility determination; $197.00 for each managed care

20 participant eligibility determination with translation; and

21 $90 for each administration of a participant transfer from

22 non-managed care CCP to managed care CCP or from managed care

23 CCP to non-managed care CCP.

24 (Source: P.A. 103-8, eff. 6-7-23; 103-102, Article 45, Section

25 45-5, eff. 1-1-24; 103-102, Article 85, Section 85-5, eff.

26 1-1-24; 103-102, Article 90, Section 90-5, eff. 1-1-24;
   SB3365 Enrolled      - 382 - LRB104 18483 SSS 31925 b

1 103-588, eff. 6-5-24; 103-605, eff. 7-1-24; 103-670, eff.
2 1-1-25; 104-2, eff. 6-16-25; 104-417, eff. 8-15-25.)

3                       ARTICLE 230.

4  Section 230-5. The Specialized Mental Health

5 Rehabilitation Act of 2013 is amended by changing Sections

6 5-107 and 5-113 and by adding Section 5-114 as follows:

7  (210 ILCS 49/5-107)

8  Sec. 5-107. Quality of life enhancement. Beginning on July

9 1, 2019, for improving the quality of life and the quality of

10 care, an additional payment shall be awarded to a facility for

11 their single occupancy rooms. This payment shall be in

12 addition to the rate for recovery and rehabilitation. The

13 additional rate for single room occupancy shall be no less

14 than $10 per day, per single room occupancy. The Department of

15 Healthcare and Family Services shall adjust payment to

16 Medicaid managed care entities to cover these costs. Beginning

17 July 1, 2022, for improving the quality of life and the quality

18 of care, a payment of no less than $5 per day, per single room

19 occupancy shall be added to the existing $10 additional per

20 day, per single room occupancy rate for a total of at least $15

21 per day, per single room occupancy. For improving the quality

22 of life and the quality of care, on January 1, 2024, a payment

23 of no less than $10.50 per day, per single room occupancy shall
SB3365 Enrolled  - 383 - LRB104 18483 SSS 31925 b

 1 be added to the existing $15 additional per day, per single
 2 room occupancy rate for a total of at least $25.50 per day, per
 3 single room occupancy. For improving the quality of life and
 4 the quality of care, beginning on January 1, 2025, a payment of
 5 no less than $10 per day, per single room occupancy shall be
 6 added to the existing $25.50 additional per day, per single
 7 room occupancy rate for a total of at least $35.50 per day, per
 8 single room occupancy. For improving the quality of life and
 9 the quality of care, beginning on July 1, 2026, a payment of no
10 less than $8 per day, per single room occupancy shall be added
11 to the existing $35.50 additional per day, per single room
12 occupancy rate for a total of at least $43.50 per day, per
13 single room occupancy. Beginning July 1, 2022, for improving
14 the quality of life and the quality of care, an additional
15 payment shall be awarded to a facility for its dual-occupancy
16 rooms. This payment shall be in addition to the rate for
17 recovery and rehabilitation. The additional rate for
18 dual-occupancy rooms shall be no less than $10 per day, per
19 Medicaid-occupied bed, in each dual-occupancy room. Beginning
20 January 1, 2024, for improving the quality of life and the
21 quality of care, a payment of no less than $4.50 per day, per
22 dual-occupancy room shall be added to the existing $10
23 additional per day, per dual-occupancy room rate for a total
24 of at least $14.50, per Medicaid-occupied bed, in each
25 dual-occupancy room. Beginning January 1, 2025, for improving
26 the quality of life and the quality of care, a payment of no
    SB3365 Enrolled      - 384 - LRB104 18483 SSS 31925 b

 1 less than $8.75 per day, per dual-occupancy room shall be
 2 added to the existing $14.50 additional per day, per
 3 dual-occupancy room rate for a total of at least $23.25, per
 4 Medicaid-occupied bed, in each dual-occupancy room. The
 5 Department of Healthcare and Family Services shall adjust
 6 payment to Medicaid managed care entities to cover these
 7 costs. Beginning July 1, 2026, for improving the quality of
 8 life and the quality of care, a payment of no less than $2.50
 9 per day, per dual-occupancy room shall be added to the
10 existing $23.25 additional per day, per dual-occupancy room
11 rate for a total of at least $25.75, per Medicaid-occupied
12 bed, in each dual-occupancy room. The Department of Healthcare
13 and Family Services shall adjust payment to Medicaid managed
14 care entities to cover these costs. As used in this Section,
15 "dual-occupancy room" means a room that contains 2 resident
16 beds.
17 (Source: P.A. 102-699, eff. 4-19-22; 103-102, eff. 1-1-24;
18 103-593, eff. 6-7-24.)

19  (210 ILCS 49/5-113)

20  Sec. 5-113. Specialized mental health rehabilitation

21 facility; one payment. Notwithstanding any other provision of

22 this Act to the contrary, beginning January 1, 2025, there

23 shall be a separate per diem add-on paid solely and

24 exclusively to facilities licensed under this Act that are

25 licensed for only single occupancy rooms and have reduced
    SB3365 Enrolled            - 385 - LRB104 18483 SSS 31925 b

1 their licensed capacity. No facility licensed under this Act

2 shall be eligible for these payments if the facility contains

3 any rooms that house more than a single occupant and has have

4 failed to reduce the facility's facilities' licensed capacity.

5   The payment shall be a per diem add-on payment. For

6 facilities with less than 100 licensed beds, the add-on

7 payment shall result in a rate not less than $240 per day. For

8 facilities with 100 licensed beds to 130 licensed beds, the

9 add-on payment shall result in a rate not less than $230 per

10 day. For facilities with more than 130 licensed beds, the

11 add-on payment shall result in a rate of not less than $220 per

12 day. All add-on rates shall be based upon the new licensed

13 capacity.

14  Any additional payments in effect after January 1, 2025

15 under Section 5-107 shall be paid in addition to the amounts

16 listed in this Section. Facilities receiving payments under

17 this Section shall receive payment as prescribed under Section

18 5-101.

19  Beginning July 1, 2026, for facilities with less than 100

20 licensed beds, the payment shall result in a rate not less than

21 $247.50 per day. Beginning July 1, 2026, for facilities with

22 100 licensed beds to 130 licensed beds, the payment shall

23 result in a rate not less than $237.50 per day. For facilities

24 with more than 130 beds, the payment shall result in a rate of

25 no less than $225 per day.

26 (Source: P.A. 103-593, eff. 6-7-24.)
    SB3365 Enrolled          - 386 - LRB104 18483 SSS 31925 b

1   (210 ILCS 49/5-114 new)

2   Sec. 5-114. Forensic add-on payment. Notwithstanding any

3 other provisions to the contrary, any facility that provides

4 services to a resident found not guilty by reason of insanity

5 and is thereby deemed unable to stand trial shall receive an

6 additional payment of $15 per bed, per day for any resident

7 found not guilty by reason of insanity and is thereby deemed

8 unable to stand trial.

9                         ARTICLE 235.

10  Section 235-5. The Department of Human Services Act is

11 amended by adding Section 10-13 as follows:

12  (20 ILCS 1305/10-13 new)

13  Sec. 10-13. Pilot programs with local government entities,

14 nonprofits, or privately funded programs. The Department of

15 Human Services may, subject to appropriation, establish pilot

16 programs through which financial and other support, provided

17 by local governments, nonprofits, or privately funded

18 programs, may be provided to Illinois residents through

19 current or future distribution methods utilized and

20 administered by the Department of Human Services.

21                        ARTICLE 240.
    SB3365 Enrolled        - 387 - LRB104 18483 SSS 31925 b

1   Section 240-5. The Illinois Public Aid Code is amended by

2 adding Section 5-54 as follows:

3   (305 ILCS 5/5-54 new)

4   Sec. 5-54. Coverage for proteomic blood tests.

5   (a) The medical assistance program shall provide coverage

6 and reimbursement for a prescribed proteomic blood test, with

7 clinical trial proof of improved infant outcomes published in

8 peer-reviewed journals, that identifies and quantifies the

9 risk of preterm birth for an individual pregnancy.

10  (b) The medical assistance program shall provide coverage

11 and reimbursement for remote patient management services,

12 including telecare management and remote physiologic

13 monitoring, that address maternity and postpartum care access

14 challenges for individualized care delivery by licensed

15 providers. Only remote patient management services with

16 evidence of improved patient care shall be covered and

17 reimbursed under this subsection.

18                         ARTICLE 245.

19  Section 245-5. The Illinois Public Aid Code is amended by

20 adding Section 5-30.19 as follows:

21  (305 ILCS 5/5-30.19 new)
    SB3365 Enrolled          - 388 - LRB104 18483 SSS 31925 b

1   Sec. 5-30.19. MCO behavioral health post-payment reviews.

2   (a) In this Section:

3   "Extrapolated" shall be used as "extrapolation" is used in

4 89 Ill. Adm. Code 140.30(b) or any successor rule.

5   "Managed care organization" or "MCO" has the meaning given

6 to that term in Section 5-30.1 of this Code.

7   "Post-payment review" means an examination that occurs

8 after payment is made by an MCO for a selected claim to

9 determine whether the initial determination for payment was

10 appropriate.

11  "Provider" means a community mental health center,

12 behavioral health clinic, certified community behavioral

13 health clinic, or substance use treatment and recovery center

14 that is enrolled in the medical assistance program and

15 contracted with or reimbursed by an MCO.

16  (b) Beginning July 1, 2027, when conducting post-payment

17 reviews of providers, MCOs must establish guidelines that

18 follow the Department's guidance. The Department's guidance

19 shall mandate that MCOs:

20  (1) Clearly define the documentation and the response

21  time frames ensuring that all requests are directly tied

22  to the review objectives. Documentation and response time

23  frames do not apply to methods necessary for fraud, waste,

24  and abuse post-payment reviews, including, but not limited

25  to, unscheduled or unannounced site visits and database

26  checks.
    SB3365 Enrolled  - 389 - LRB104 18483 SSS 31925 b

1   (2) Identify regulatory, statutory, or contractual

2   authority and standards for conducting the post-payment

3   review.

4   (3) Clearly define evaluation criteria and provide

5   documentation checklists.

6   (4) Establish a process to dispute MCO record requests

7   not made in conformance with this Section.

8   (5) Establish a process and clarify the instances that

9   allow for entry and exit communications with providers to

10  clearly convey the review scope, expectations, preliminary

11  findings, compliance status, and next steps, ensuring

12  consistent messaging throughout the review process.

13  (6) Establish qualifications of reviewers with

14  relevant knowledge, experience, and training.

15  (7) Provide the data on how the provider varies

16  significantly from other providers in the same provider

17  type, service specialty, jurisdiction, or locality, if the

18  basis for selection of a provider for review is

19  comparative data except where fraud, waste, and abuse

20  processes and procedures prevent disclosure.

21  (8) Clearly outline communication protocols, including

22  advance written notice, delivered electronically, by MCOs

23  to providers of documentation requests with an allowance

24  for reasonable response times and except for instances

25  where fraud, waste, and abuse processes and procedures

26  prevent advance notice, including, but not limited to,
    SB3365 Enrolled        - 390 - LRB104 18483 SSS 31925 b

1   unscheduled or unannounced site visits.

2   (9) Upon completion of the review, issue a formal

3   written notice of compliance or closure to the provider.

4   The final review findings shall include clear references

5   to applicable regulatory or contractual citations, an

6   explanation of the rationale for each finding, guidance on

7   required next steps or corrective actions, and information

8   regarding the process and timelines for appealing the

9   findings.

10  (10) Use the least burdensome and lowest-cost method

11  of record submission, including secure electronic methods,

12  when available. The date on which documentation is

13  received in the electronic communication shall be the

14  official date of receipt. All communication protocols

15  shall be compliant with privacy and security laws.

16  (11) Issue findings and related written communications

17  in a clear, consistent, and non-contradictory manner to

18  prevent confusion or conflicting conclusions.

19  (12) Disclose the methodology supporting any

20  extrapolated finding.

21  (c) The MCO shall post the guidelines and any updates on

22 its publicly available website.

23  (d) Providers must not be subject to any adverse action,

24 payment delay, sanctions, or contract termination solely for

25 exercising the right to dispute a records request in

26 accordance with this Section, except for matters involving
   SB3365 Enrolled        - 391 - LRB104 18483 SSS 31925 b

1 allegations of fraud, waste, or abuse.

2  (e) Nothing in this Section shall be construed to conflict

3 with State or federal program integrity law, regulations,

4 guidance, processes, or procedures.

5                         ARTICLE 250.

6  Section 250-5. The Illinois Public Aid Code is amended by

7 adding Section 5-70 as follows:

8  (305 ILCS 5/5-70 new)

9  Sec. 5-70. Virtual intensive outpatient program services.

10 For dates of service on and after January 1, 2027, subject to

11 any necessary federal approval, the medical assistance program

12 shall provide coverage for virtual intensive outpatient

13 program services when clinically appropriate, delivered in

14 line with generally accepted standards of care, and only at

15 the request of or with the consent of the patient. The

16 Department shall establish provider qualifications for

17 intensive outpatient program services offering a virtual

18 service delivery option. The Department may establish

19 utilization controls and any appropriate guidelines for

20 coverage of the virtual intensive outpatient program to

21 protect the well-being of persons eligible and enrolled in the

22 medical assistance program. The Department may adopt rules

23 necessary to implement this Section.
    SB3365 Enrolled       - 392 - LRB104 18483 SSS 31925 b

1                         ARTICLE 255.

2   Section 255-5. The Illinois Public Aid Code is amended by

3 changing Section 5-5.01a as follows:

4   (305 ILCS 5/5-5.01a)

5   Sec. 5-5.01a. Supportive living facilities program.

6   (a) The Department shall establish and provide oversight

7 for a program of supportive living facilities that seek to

8 promote resident independence, dignity, respect, and

9 well-being in the most cost-effective manner.

10  A supportive living facility is (i) a free-standing

11 facility or (ii) a distinct physical and operational entity

12 within a mixed-use building that meets the criteria

13 established in subsection (d). A supportive living facility

14 integrates housing with health, personal care, and supportive

15 services and is a designated setting that offers residents

16 their own separate, private, and distinct living units.

17  Sites for the operation of the program shall be selected

18 by the Department based upon criteria that may include the

19 need for services in a geographic area, the availability of

20 funding, and the site's ability to meet the standards.

21  (b) Beginning July 1, 2014, subject to federal approval,

22 the Medicaid rates for supportive living facilities shall be

23 equal to the supportive living facility Medicaid rate
    SB3365 Enrolled    - 393 - LRB104 18483 SSS 31925 b

1 effective on June 30, 2014 increased by 8.85%. Once the

2 assessment imposed at Article V-G of this Code is determined

3 to be a permissible tax under Title XIX of the Social Security

4 Act, the Department shall increase the Medicaid rates for

5 supportive living facilities effective on July 1, 2014 by

6 9.09%. The Department shall apply this increase retroactively

7 to coincide with the imposition of the assessment in Article

8 V-G of this Code in accordance with the approval for federal

9 financial participation by the Centers for Medicare and

10 Medicaid Services.

11  The Medicaid rates for supportive living facilities

12 effective on July 1, 2017 must be equal to the rates in effect

13 for supportive living facilities on June 30, 2017 increased by

14 2.8%.

15  The Medicaid rates for supportive living facilities

16 effective on July 1, 2018 must be equal to the rates in effect

17 for supportive living facilities on June 30, 2018.

18  Subject to federal approval, the Medicaid rates for

19 supportive living services on and after July 1, 2019 must be at

20 least 54.3% of the average total nursing facility services per

21 diem for the geographic areas defined by the Department while

22 maintaining the rate differential for dementia care and must

23 be updated whenever the total nursing facility service per

24 diems are updated. Beginning July 1, 2022, upon the

25 implementation of the Patient Driven Payment Model, Medicaid

26 rates for supportive living services must be at least 54.3% of
    SB3365 Enrolled         - 394 - LRB104 18483 SSS 31925 b

1 the average total nursing services per diem rate for the

2 geographic areas. For purposes of this provision, the average

3 total nursing services per diem rate shall include all add-ons

4 for nursing facilities for the geographic area provided for in

5 Section 5-5.2. The rate differential for dementia care must be

6 maintained in these rates and the rates shall be updated

7 whenever nursing facility per diem rates are updated.

8   Subject to federal approval, beginning January 1, 2024,

9 the dementia care rate for supportive living services must be

10 no less than the non-dementia care supportive living services

11 rate multiplied by 1.5.

12  (b-5) Subject to federal approval, beginning January 1,

13 2025, Medicaid rates for supportive living services must be at

14 least 54.75% of the average total nursing facility per diem

15 rate for the geographic areas defined by the Department and

16 shall include all add-ons for nursing facilities for the

17 geographic area provided for in Section 5-5.2.

18  (c) The Department may adopt rules to implement this

19 Section. Rules that establish or modify the services,

20 standards, and conditions for participation in the program

21 shall be adopted by the Department in consultation with the

22 Department on Aging, the Department of Rehabilitation

23 Services, and the Department of Mental Health and

24 Developmental Disabilities (or their successor agencies).

25  (d) Subject to federal approval by the Centers for

26 Medicare and Medicaid Services, the Department shall accept
    SB3365 Enrolled      - 395 - LRB104 18483 SSS 31925 b

1 for consideration of certification under the program any

2 application for a site or building where distinct parts of the

3 site or building are designated for purposes other than the

4 provision of supportive living services, but only if:

5   (1) those distinct parts of the site or building are

6   not designated for the purpose of providing assisted

7   living services as required under the Assisted Living and

8   Shared Housing Act;

9   (2) those distinct parts of the site or building are

10  completely separate from the part of the building used for

11  the provision of supportive living program services,

12  including separate entrances;

13  (3) those distinct parts of the site or building do

14  not share any common spaces with the part of the building

15  used for the provision of supportive living program

16  services; and

17  (4) those distinct parts of the site or building do

18  not share staffing with the part of the building used for

19  the provision of supportive living program services.

20  (e) Facilities or distinct parts of facilities which are

21 selected as supportive living facilities and are in good

22 standing with the Department's rules are exempt from the

23 provisions of the Nursing Home Care Act and the Illinois

24 Health Facilities Planning Act.

25  (f) Section 9817 of the American Rescue Plan Act of 2021

26 (Public Law 117-2) authorizes a 10% enhanced federal medical
    SB3365 Enrolled  - 396 - LRB104 18483 SSS 31925 b

1 assistance percentage for supportive living services for a

2 12-month period from April 1, 2021 through March 31, 2022.

3 Subject to federal approval, including the approval of any

4 necessary waiver amendments or other federally required

5 documents or assurances, for a 12-month period the Department

6 must pay a supplemental $26 per diem rate to all supportive

7 living facilities with the additional federal financial

8 participation funds that result from the enhanced federal

9 medical assistance percentage from April 1, 2021 through March

10 31, 2022. The Department may issue parameters around how the

11 supplemental payment should be spent, including quality

12 improvement activities. The Department may alter the form,

13 methods, or timeframes concerning the supplemental per diem

14 rate to comply with any subsequent changes to federal law,

15 changes made by guidance issued by the federal Centers for

16 Medicare and Medicaid Services, or other changes necessary to

17 receive the enhanced federal medical assistance percentage.

18  (g) All applications for the expansion of supportive

19 living dementia care settings involving sites not approved by

20 the Department by January 1, 2024 may allow new elderly

21 non-dementia units in addition to new dementia care units. The

22 Department may approve such applications only if the

23 application has: (1) no more than one non-dementia care unit

24 for each dementia care unit and (2) the site is not located

25 within 4 miles of an existing supportive living program site

26 in Cook County (including the City of Chicago), not located
    SB3365 Enrolled  - 397 - LRB104 18483 SSS 31925 b

1 within 12 miles of an existing supportive living program site

2 in Alexander, Bond, Boone, Calhoun, Champaign, Clinton,

3 DeKalb, DuPage, Fulton, Grundy, Henry, Jackson, Jersey,

4 Johnson, Kane, Kankakee, Kendall, Lake, Macon, Macoupin,

5 Madison, Marshall, McHenry, McLean, Menard, Mercer, Monroe,

6 Peoria, Piatt, Rock Island, Sangamon, Stark, St. Clair,

7 Tazewell, Vermilion, Will, Williamson, Winnebago, or Woodford

8 counties, or not located within 25 miles of an existing

9 supportive living program site in any other county.

10  (g-5) Subject to federal approval, beginning January 1,

11 2027, any individual age 44 to 64 who is diagnosed as having

12 Alzheimer's disease or a related dementia and is determined to

13 be a person with a disability by the Social Security

14 Administration shall be eligible for services in a supportive

15 living dementia care setting if the individual meets all other

16 eligibility requirements to receive services in a supportive

17 living dementia care setting under 89 Ill. Adm. Code 146

18 Subpart B and E. The Department shall apply for any federal

19 waiver necessary to implement this subsection.

20  (h) Beginning January 1, 2025, subject to federal

21 approval, for a person who is a resident of a supportive living

22 facility under this Section, the monthly personal needs

23 allowance shall be $120 per month.

24  (i) As stated in the supportive living program home and

25 community-based service waiver approved by the federal Centers

26 for Medicare and Medicaid Services, and beginning July 1,
    SB3365 Enrolled            - 398 - LRB104 18483 SSS 31925 b

1 2025, the Department must maintain the rate add-on implemented

2 on January 1, 2023 for the provision of 2 meals per day at no

3 less than $6.15 per day.

4   (j) Subject to federal approval, the Department shall

5 allow a certified medication aide to administer medication in

6 a supportive living facility. For purposes of this subsection,

7 "certified medication aide" means a person who has met the

8 qualifications for certification under Section 79 of the

9 Assisted Living and Shared Housing Act and assists with

10 medication administration while under the supervision of a

11 registered professional nurse as authorized by Section 50-75

12 of the Nurse Practice Act. The Department may adopt rules to

13 implement this subsection.

14 (Source: P.A. 103-102, Article 20, Section 20-5, eff. 1-1-24;

15 103-102, Article 100, Section 100-5, eff. 1-1-24; 103-593,

16 Article 15, Section 15-5, eff. 6-7-24; 103-593, Article 100,

17 Section 100-5, eff. 6-7-24; 103-593, Article 165, Section

18 165-5, eff. 6-7-24; 103-605, eff. 7-1-24; 103-886, eff.

19 8-9-24; 104-9, eff. 6-16-25; 104-417, eff. 8-15-25; revised

20 9-12-25.)

21                          ARTICLE 257.

22  Section 257-3. The Department of Public Health Powers and

23 Duties Law is amended by adding Section 2310-716 as follows:
    SB3365 Enrolled  - 399 - LRB104 18483 SSS 31925 b

1   (20 ILCS 2310/2310-716 new)

2   Sec. 2310-716. Report on patient access and care. With a

3 health care landscape shifting dramatically from inpatient,

4 volume-drive care to more outpatient, community-faced care and

5 further exacerbated by HR1 changes that disinvests billions of

6 dollars from the health care system and increase uninsured

7 populations, the Department of Public Health, in partnership

8 with relevant State agencies and with the advice of

9 stakeholders and experts in the field, shall develop a

10 comprehensive report that identifies how the resources of the

11 State and other health care payers may be optimized to protect

12 communities' and patients' access and care and to improve

13 Illinois' population health outcomes.

14  The Department may engage a third-party experienced and

15 expert research entity to develop this report. The report

16 shall include analysis, findings, and recommendations to

17 reform and strengthen the health care system in Illinois. The

18 report will have emphasis on the needs and vulnerabilities

19 experienced by individuals living in communities with limited

20 access to critical health care services.

21  The report will include epidemiological analyses and

22 recommendations on policy and resource strategies to protect

23 and improve population health outcomes and health care access

24 including but not limited to:

25  (1) Patient experience that includes social needs

26  integration, reduced administrative burden, and enhanced
    SB3365 Enrolled         - 400 - LRB104 18483 SSS 31925 b

1   digital tools.

2   (2) Care model transformation that emphasizes

3   continuous, community-based care built to address health

4   access gaps and needs.

5   (3) Workforce resilience and optimization that

6   highlights partnership and care-delivery opportunities

7   across institutions.

8   (4) System agility to absorb and recover from

9   unforeseen public health crises and other external

10  factors.

11  The Department shall have access to all the necessary data

12 from State agencies as well as health care facilities as

13 required to inform on these recommendations, within the bounds

14 of relevance to their mission. Health care facilities will

15 hereby be directed to provide the necessary data to the

16 Department.

17  The Department shall issue recommendations to the General

18 Assembly and the Governor no later than January 31, 2027,

19 including proposed statutory or administrative changes

20 necessary to strengthen health care access, quality, and

21 effectiveness.

22  (20 ILCS 2310/2310-715 rep.)

23  Section 257-5. The Department of Public Health Powers and

24 Duties Law of the Civil Administrative Code of Illinois is

25 amended by repealing Section 2310-715.
    SB3365 Enrolled         - 401 - LRB104 18483 SSS 31925 b

1   Section 257-10. The Illinois Public Aid Code is amended by

2 changing Sections 5A-2, 5A-7, 5A-8, and 12-4.25 as follows:

3   (305 ILCS 5/5A-2) (from Ch. 23, par. 5A-2)

4   Sec. 5A-2. Assessment.

5   (a)(1) Subject to Sections 5A-3 and 5A-10, for State

6 fiscal years 2009 through 2018, or as long as continued under

7 Section 5A-16, an annual assessment on inpatient services is

8 imposed on each hospital provider in an amount equal to

9 $218.38 multiplied by the difference of the hospital's

10 occupied bed days less the hospital's Medicare bed days,

11 provided, however, that the amount of $218.38 shall be

12 increased by a uniform percentage to generate an amount equal

13 to 75% of the State share of the payments authorized under

14 Section 5A-12.5, with such increase only taking effect upon

15 the date that a State share for such payments is required under

16 federal law. For the period of April through June 2015, the

17 amount of $218.38 used to calculate the assessment under this

18 paragraph shall, by emergency rule under subsection (s) of

19 Section 5-45 of the Illinois Administrative Procedure Act, be

20 increased by a uniform percentage to generate $20,250,000 in

21 the aggregate for that period from all hospitals subject to

22 the annual assessment under this paragraph.

23  (2) In addition to any other assessments imposed under

24 this Article, effective July 1, 2016 and semi-annually
    SB3365 Enrolled  - 402 - LRB104 18483 SSS 31925 b

1 thereafter through June 2018, or as provided in Section 5A-16,

2 in addition to any federally required State share as

3 authorized under paragraph (1), the amount of $218.38 shall be

4 increased by a uniform percentage to generate an amount equal

5 to 75% of the ACA Assessment Adjustment, as defined in

6 subsection (b-6) of this Section.

7   For State fiscal years 2009 through 2018, or as provided

8 in Section 5A-16, a hospital's occupied bed days and Medicare

9 bed days shall be determined using the most recent data

10 available from each hospital's 2005 Medicare cost report as

11 contained in the Healthcare Cost Report Information System

12 file, for the quarter ending on December 31, 2006, without

13 regard to any subsequent adjustments or changes to such data.

14 If a hospital's 2005 Medicare cost report is not contained in

15 the Healthcare Cost Report Information System, then the

16 Illinois Department may obtain the hospital provider's

17 occupied bed days and Medicare bed days from any source

18 available, including, but not limited to, records maintained

19 by the hospital provider, which may be inspected at all times

20 during business hours of the day by the Illinois Department or

21 its duly authorized agents and employees.

22  (3) Subject to Sections 5A-3, 5A-10, and 5A-16, for State

23 fiscal years 2019 and 2020, an annual assessment on inpatient

24 services is imposed on each hospital provider in an amount

25 equal to $197.19 multiplied by the difference of the

26 hospital's occupied bed days less the hospital's Medicare bed
    SB3365 Enrolled  - 403 - LRB104 18483 SSS 31925 b

1 days. For State fiscal years 2019 and 2020, a hospital's

2 occupied bed days and Medicare bed days shall be determined

3 using the most recent data available from each hospital's 2015

4 Medicare cost report as contained in the Healthcare Cost

5 Report Information System file, for the quarter ending on

6 March 31, 2017, without regard to any subsequent adjustments

7 or changes to such data. If a hospital's 2015 Medicare cost

8 report is not contained in the Healthcare Cost Report

9 Information System, then the Illinois Department may obtain

10 the hospital provider's occupied bed days and Medicare bed

11 days from any source available, including, but not limited to,

12 records maintained by the hospital provider, which may be

13 inspected at all times during business hours of the day by the

14 Illinois Department or its duly authorized agents and

15 employees. Notwithstanding any other provision in this

16 Article, for a hospital provider that did not have a 2015

17 Medicare cost report, but paid an assessment in State fiscal

18 year 2018 on the basis of hypothetical data, that assessment

19 amount shall be used for State fiscal years 2019 and 2020.

20  (4) Subject to Sections 5A-3 and 5A-10 and to subsection

21 (b-8), for the period of July 1, 2020 through December 31, 2020

22 and calendar years 2021 through 2024, an annual assessment on

23 inpatient services is imposed on each hospital provider in an

24 amount equal to $221.50 multiplied by the difference of the

25 hospital's occupied bed days less the hospital's Medicare bed

26 days, provided however: for the period of July 1, 2020 through
SB3365 Enrolled  - 404 - LRB104 18483 SSS 31925 b

 1 December 31, 2020, (i) the assessment shall be equal to 50% of
 2 the annual amount; and (ii) the amount of $221.50 shall be
 3 retroactively adjusted by a uniform percentage to generate an
 4 amount equal to 50% of the Assessment Adjustment, as defined
 5 in subsection (b-7). For the period of July 1, 2020 through
 6 December 31, 2020 and calendar years 2021 through 2024, a
 7 hospital's occupied bed days and Medicare bed days shall be
 8 determined using the most recent data available from each
 9 hospital's 2015 Medicare cost report as contained in the
10 Healthcare Cost Report Information System file, for the
11 quarter ending on March 31, 2017, without regard to any
12 subsequent adjustments or changes to such data. If a
13 hospital's 2015 Medicare cost report is not contained in the
14 Healthcare Cost Report Information System, then the Illinois
15 Department may obtain the hospital provider's occupied bed
16 days and Medicare bed days from any source available,
17 including, but not limited to, records maintained by the
18 hospital provider, which may be inspected at all times during
19 business hours of the day by the Illinois Department or its
20 duly authorized agents and employees. Should the change in the
21 assessment methodology for fiscal years 2021 through December
22 31, 2022 not be approved on or before June 30, 2020, the
23 assessment and payments under this Article in effect for
24 fiscal year 2020 shall remain in place until the new
25 assessment is approved. If the assessment methodology for July
26 1, 2020 through December 31, 2022, is approved on or after July
SB3365 Enrolled  - 405 - LRB104 18483 SSS 31925 b

 1 1, 2020, it shall be retroactive to July 1, 2020, subject to
 2 federal approval and provided that the payments authorized
 3 under Section 5A-12.7 have the same effective date as the new
 4 assessment methodology. In giving retroactive effect to the
 5 assessment approved after June 30, 2020, credit toward the new
 6 assessment shall be given for any payments of the previous
 7 assessment for periods after June 30, 2020. Notwithstanding
 8 any other provision of this Article, for a hospital provider
 9 that did not have a 2015 Medicare cost report, but paid an
10 assessment in State Fiscal Year 2020 on the basis of
11 hypothetical data, the data that was the basis for the 2020
12 assessment shall be used to calculate the assessment under
13 this paragraph until December 31, 2023. Beginning July 1, 2022
14 and through December 31, 2024, a safety-net hospital that had
15 a change of ownership in calendar year 2021, and whose
16 inpatient utilization had decreased by 90% from the prior year
17 and prior to the change of ownership, may be eligible to pay a
18 tax based on hypothetical data based on a determination of
19 financial distress by the Department. Subject to federal
20 approval, the Department may, by January 1, 2024, develop a
21 hypothetical tax for a specialty cancer hospital which had a
22 structural change of ownership during calendar year 2022 from
23 a for-profit entity to a non-profit entity, and which has
24 experienced a decline of 60% or greater in inpatient days of
25 care as compared to the prior owners 2015 Medicare cost
26 report. This change of ownership may make the hospital
    SB3365 Enrolled           - 406 - LRB104 18483 SSS 31925 b

1 eligible for a hypothetical tax under the new hospital

2 provision of the assessment defined in this Section. This new

3 hypothetical tax may be applicable from January 1, 2024

4 through December 31, 2026.

5   (5) Subject to Sections 5A-3 and 5A-10, beginning January

6 1, 2025, an annual assessment on inpatient services is imposed

7 on each hospital provider in an amount equal to $362, or any

8 reduction thereof in accordance with this subsection,

9 multiplied by the difference of the hospital's occupied bed

10 days less the hospital's Medicare bed days; however, the rate

11 shall be $221.50 until the Department receives federal

12 approval and implements the reimbursement rates in subsection

13 (r) of Section 5A-12.7. The Department may bill for the

14 difference between the assessment rate of $362, or any

15 reduction thereof in accordance with this subsection, and

16 $221.50 no earlier than 17 calendar days after implementing

17 the reimbursement rates in subsection (r) of Section 5A-12.7.

18  (A) Upon receiving federal approval for the

19  reimbursement rates in subsection (r) of Section 5A-12.7,

20  the Department shall bill the hospital for the incremental

21  difference in total tax due resulting from the increase

22  provided in this subsection for the number of months from

23  January 1, 2025 through the date of federal approval. The

24  amount shall be due and payable no later than December 31,

25  2025 and no earlier than 17 calendar days after

26  implementing the reimbursement rates in subsection (r) of
    SB3365 Enrolled   - 407 - LRB104 18483 SSS 31925 b

1   Section 5A-12.7. The Department shall bill hospitals in

2   the same proportional rate as the Department has

3   implemented the inpatient reimbursement rates in

4   subsection (r) of Section 5A-12.7.

5   (B) Beginning January 1, 2025, a hospital's occupied

6   bed days and Medicare bed days shall be determined using

7   the most recent data available from each hospital's 2015

8   Medicare cost report as contained in the Healthcare Cost

9   Report Information System file, for the quarter ending on

10  March 31, 2017, without regard to any subsequent

11  adjustments or changes to such data. If a hospital's 2015

12  Medicare cost report is not contained in the Healthcare

13  Cost Report Information System, then the Department may

14  obtain the hospital provider's occupied bed days and

15  Medicare bed days from any source available, including,

16  but not limited to, records maintained by the hospital

17  provider, which may be inspected at all times during

18  business hours of the day by the Department or its duly

19  authorized agents and employees. If the reimbursement

20  rates in subsection (r) of Section 5A-12.7 require

21  reduction to comply with federal spending limits, then the

22  tax rate of $362 shall be reduced, in accordance with

23  subsection (s) of Section 5A-12.7, by the same percentage

24  reduction to payments required to comply with federal

25  spending limits.

26  (6) For calendar year 2026, and for each year thereafter
    SB3365 Enrolled  - 408 - LRB104 18483 SSS 31925 b

1 in which a tax is imposed under this Section, the Department

2 may seek to obtain a waiver from the federal Centers for

3 Medicare and Medicaid Services of the uniformity requirements

4 in place for the tax imposed under this Section, provided that

5 such waiver request does not risk the assessment imposed or

6 payments authorized under this Section from continuing. Such

7 uniformity requirements shall only be waived for

8 not-for-profit hospitals operating as a freestanding cancer

9 hospital that have contracted to provide services to members

10 served by at least 50% of the managed care organizations

11 contracted with the Department. Such tax rates imposed on a

12 hospital shall be no more than 50% and no less than 25% of the

13 tax imposed on all other hospitals in this State unless

14 different rates are necessary to meet federal statistical

15 tests necessary for continued federal financial participation.

16 Upon federal approval of such a waiver, other tax rates

17 imposed under this Article shall be adjusted to ensure budget

18 neutrality.

19  (b) (Blank).

20  (b-5)(1) Subject to Sections 5A-3 and 5A-10, for the

21 portion of State fiscal year 2012, beginning June 10, 2012

22 through June 30, 2012, and for State fiscal years 2013 through

23 2018, or as provided in Section 5A-16, an annual assessment on

24 outpatient services is imposed on each hospital provider in an

25 amount equal to .008766 multiplied by the hospital's

26 outpatient gross revenue, provided, however, that the amount
    SB3365 Enrolled  - 409 - LRB104 18483 SSS 31925 b

1 of .008766 shall be increased by a uniform percentage to

2 generate an amount equal to 25% of the State share of the

3 payments authorized under Section 5A-12.5, with such increase

4 only taking effect upon the date that a State share for such

5 payments is required under federal law. For the period

6 beginning June 10, 2012 through June 30, 2012, the annual

7 assessment on outpatient services shall be prorated by

8 multiplying the assessment amount by a fraction, the numerator

9 of which is 21 days and the denominator of which is 365 days.

10 For the period of April through June 2015, the amount of

11 .008766 used to calculate the assessment under this paragraph

12 shall, by emergency rule under subsection (s) of Section 5-45

13 of the Illinois Administrative Procedure Act, be increased by

14 a uniform percentage to generate $6,750,000 in the aggregate

15 for that period from all hospitals subject to the annual

16 assessment under this paragraph.

17  (2) In addition to any other assessments imposed under

18 this Article, effective July 1, 2016 and semi-annually

19 thereafter through June 2018, in addition to any federally

20 required State share as authorized under paragraph (1), the

21 amount of .008766 shall be increased by a uniform percentage

22 to generate an amount equal to 25% of the ACA Assessment

23 Adjustment, as defined in subsection (b-6) of this Section.

24  For the portion of State fiscal year 2012, beginning June

25 10, 2012 through June 30, 2012, and State fiscal years 2013

26 through 2018, or as provided in Section 5A-16, a hospital's
    SB3365 Enrolled  - 410 - LRB104 18483 SSS 31925 b

1 outpatient gross revenue shall be determined using the most

2 recent data available from each hospital's 2009 Medicare cost

3 report as contained in the Healthcare Cost Report Information

4 System file, for the quarter ending on June 30, 2011, without

5 regard to any subsequent adjustments or changes to such data.

6 If a hospital's 2009 Medicare cost report is not contained in

7 the Healthcare Cost Report Information System, then the

8 Department may obtain the hospital provider's outpatient gross

9 revenue from any source available, including, but not limited

10 to, records maintained by the hospital provider, which may be

11 inspected at all times during business hours of the day by the

12 Department or its duly authorized agents and employees.

13  (3) Subject to Sections 5A-3, 5A-10, and 5A-16, for State

14 fiscal years 2019 and 2020, an annual assessment on outpatient

15 services is imposed on each hospital provider in an amount

16 equal to .01358 multiplied by the hospital's outpatient gross

17 revenue. For State fiscal years 2019 and 2020, a hospital's

18 outpatient gross revenue shall be determined using the most

19 recent data available from each hospital's 2015 Medicare cost

20 report as contained in the Healthcare Cost Report Information

21 System file, for the quarter ending on March 31, 2017, without

22 regard to any subsequent adjustments or changes to such data.

23 If a hospital's 2015 Medicare cost report is not contained in

24 the Healthcare Cost Report Information System, then the

25 Department may obtain the hospital provider's outpatient gross

26 revenue from any source available, including, but not limited
   SB3365 Enrolled  - 411 - LRB104 18483 SSS 31925 b

1 to, records maintained by the hospital provider, which may be

2 inspected at all times during business hours of the day by the

3 Department or its duly authorized agents and employees.

4 Notwithstanding any other provision in this Article, for a

5 hospital provider that did not have a 2015 Medicare cost

6 report, but paid an assessment in State fiscal year 2018 on the

7 basis of hypothetical data, that assessment amount shall be

8 used for State fiscal years 2019 and 2020.

9  (4) Subject to Sections 5A-3 and 5A-10 and to subsection

10 (b-8), for the period of July 1, 2020 through December 31, 2020

11 and calendar years 2021 through 2024, an annual assessment on

12 outpatient services is imposed on each hospital provider in an

13 amount equal to .01525 multiplied by the hospital's outpatient

14 gross revenue, provided however: (i) for the period of July 1,

15 2020 through December 31, 2020, the assessment shall be equal

16 to 50% of the annual amount; and (ii) the amount of .01525

17 shall be retroactively adjusted by a uniform percentage to

18 generate an amount equal to 50% of the Assessment Adjustment,

19 as defined in subsection (b-7). For the period of July 1, 2020

20 through December 31, 2020 and calendar years 2021 through

21 2024, a hospital's outpatient gross revenue shall be

22 determined using the most recent data available from each

23 hospital's 2015 Medicare cost report as contained in the

24 Healthcare Cost Report Information System file, for the

25 quarter ending on March 31, 2017, without regard to any

26 subsequent adjustments or changes to such data. If a
SB3365 Enrolled  - 412 - LRB104 18483 SSS 31925 b

 1 hospital's 2015 Medicare cost report is not contained in the
 2 Healthcare Cost Report Information System, then the Illinois
 3 Department may obtain the hospital provider's outpatient
 4 revenue data from any source available, including, but not
 5 limited to, records maintained by the hospital provider, which
 6 may be inspected at all times during business hours of the day
 7 by the Illinois Department or its duly authorized agents and
 8 employees. Should the change in the assessment methodology
 9 above for fiscal years 2021 through calendar year 2022 not be
10 approved prior to July 1, 2020, the assessment and payments
11 under this Article in effect for fiscal year 2020 shall remain
12 in place until the new assessment is approved. If the change in
13 the assessment methodology above for July 1, 2020 through
14 December 31, 2022, is approved after June 30, 2020, it shall
15 have a retroactive effective date of July 1, 2020, subject to
16 federal approval and provided that the payments authorized
17 under Section 12A-7 have the same effective date as the new
18 assessment methodology. In giving retroactive effect to the
19 assessment approved after June 30, 2020, credit toward the new
20 assessment shall be given for any payments of the previous
21 assessment for periods after June 30, 2020. Notwithstanding
22 any other provision of this Article, for a hospital provider
23 that did not have a 2015 Medicare cost report, but paid an
24 assessment in State Fiscal Year 2020 on the basis of
25 hypothetical data, the data that was the basis for the 2020
26 assessment shall be used to calculate the assessment under
    SB3365 Enrolled  - 413 - LRB104 18483 SSS 31925 b

1 this paragraph until December 31, 2023. Beginning July 1, 2022

2 and through December 31, 2024, a safety-net hospital that had

3 a change of ownership in calendar year 2021, and whose

4 inpatient utilization had decreased by 90% from the prior year

5 and prior to the change of ownership, may be eligible to pay a

6 tax based on hypothetical data based on a determination of

7 financial distress by the Department.

8   (5) Subject to Sections 5A-3 and 5A-10, beginning January

9 1, 2025, an annual assessment on outpatient services is

10 imposed on each hospital provider in an amount equal to

11 .03273, or any reduction thereof in accordance with this

12 subsection, multiplied by the hospital's outpatient gross

13 revenue; however the rate shall remain .01525, until the

14 Department receives federal approval and implements the

15 reimbursement rates of payment in subsection (r) of Section

16 5A-12.7. The Department may bill for the difference between

17 the assessment multiplier of .03273 and .01525 no earlier than

18 17 calendar days after the first payment based on the

19 reimbursement rates in subsection (r) of Section 5A-12.7.

20  (A) Upon receiving federal approval for the

21  reimbursement rates in subsection (r) of Section 5A-12.7,

22  the Department shall bill the hospital for the incremental

23  difference in total tax due resulting from the increase

24  provided in this subsection for the number of months from

25  January 1, 2025 through the date of federal approval. The

26  amount shall be due and payable no later than December 31,
    SB3365 Enrolled  - 414 - LRB104 18483 SSS 31925 b

1   2025 and no earlier than 17 calendar days after

2   implementing the reimbursement rates in subsection (r) of

3   Section 5A-12.7. The Department shall bill hospitals in

4   the same proportional rate as the Department has

5   implemented the outpatient reimbursement rates in

6   subsection (r) of Section 5A-12.7.

7   (B) Beginning January 1, 2025, a hospital's outpatient

8   gross revenue shall be determined using the most recent

9   data available from each hospital's 2015 Medicare cost

10  report as contained in the Healthcare Cost Report

11  Information System file, for the quarter ending on March

12  31, 2017, without regard to any subsequent adjustments or

13  changes to such data. If a hospital's 2015 Medicare cost

14  report is not contained in the Healthcare Cost Report

15  Information System, then the Department may obtain the

16  hospital provider's outpatient revenue data from any

17  source available, including, but not limited to, records

18  maintained by the hospital provider, which may be

19  inspected at all times during business hours of the day by

20  the Department or its duly authorized agents and

21  employees. If the reimbursement rates in subsection (r) of

22  Section 5A-12.7 require reduction to comply with federal

23  spending limits, then the tax rate of .03273 shall be

24  reduced, in accordance with subsection (s) of Section

25  5A-12.7, by the same percentage reduction to payments

26  required to comply with federal spending limits.
    SB3365 Enrolled    - 415 - LRB104 18483 SSS 31925 b

1   (6) For calendar year 2026, and for each year thereafter

2 in which a tax is imposed under this Section, the Department

3 may seek to obtain a waiver from the federal Centers for

4 Medicare and Medicaid Services of the uniformity requirements

5 in place for the tax imposed under this Section, provided that

6 such waiver request does not risk the assessment imposed or

7 payments authorized under this Section from continuing. Such

8 uniformity requirements shall only be waived for

9 not-for-profit hospitals operating as a freestanding cancer

10 hospital that have contracted to provide services to members

11 served by at least 50% of the managed care organizations

12 contracted with the Department. Such tax rates imposed on a

13 hospital shall be no more than 50% and no less than 25% of the

14 tax imposed on all other hospitals in this State unless

15 different rates are necessary to meet federal statistical

16 tests necessary for continued federal financial participation.

17 Upon federal approval of such a waiver, other tax rates

18 imposed under this Article shall be adjusted to ensure budget

19 neutrality.

20  (b-6)(1) As used in this Section, "ACA Assessment

21 Adjustment" means:

22  (A) For the period of July 1, 2016 through December

23  31, 2016, the product of .19125 multiplied by the sum of

24  the fee-for-service payments to hospitals as authorized

25  under Section 5A-12.5 and the adjustments authorized under

26  subsection (t) of Section 5A-12.2 to managed care
    SB3365 Enrolled  - 416 - LRB104 18483 SSS 31925 b

1   organizations for hospital services due and payable in the

2   month of April 2016 multiplied by 6.

3   (B) For the period of January 1, 2017 through June 30,

4   2017, the product of .19125 multiplied by the sum of the

5   fee-for-service payments to hospitals as authorized under

6   Section 5A-12.5 and the adjustments authorized under

7   subsection (t) of Section 5A-12.2 to managed care

8   organizations for hospital services due and payable in the

9   month of October 2016 multiplied by 6, except that the

10  amount calculated under this subparagraph (B) shall be

11  adjusted, either positively or negatively, to account for

12  the difference between the actual payments issued under

13  Section 5A-12.5 for the period beginning July 1, 2016

14  through December 31, 2016 and the estimated payments due

15  and payable in the month of April 2016 multiplied by 6 as

16  described in subparagraph (A).

17  (C) For the period of July 1, 2017 through December

18  31, 2017, the product of .19125 multiplied by the sum of

19  the fee-for-service payments to hospitals as authorized

20  under Section 5A-12.5 and the adjustments authorized under

21  subsection (t) of Section 5A-12.2 to managed care

22  organizations for hospital services due and payable in the

23  month of April 2017 multiplied by 6, except that the

24  amount calculated under this subparagraph (C) shall be

25  adjusted, either positively or negatively, to account for

26  the difference between the actual payments issued under
    SB3365 Enrolled  - 417 - LRB104 18483 SSS 31925 b

1   Section 5A-12.5 for the period beginning January 1, 2017

2   through June 30, 2017 and the estimated payments due and

3   payable in the month of October 2016 multiplied by 6 as

4   described in subparagraph (B).

5   (D) For the period of January 1, 2018 through June 30,

6   2018, the product of .19125 multiplied by the sum of the

7   fee-for-service payments to hospitals as authorized under

8   Section 5A-12.5 and the adjustments authorized under

9   subsection (t) of Section 5A-12.2 to managed care

10  organizations for hospital services due and payable in the

11  month of October 2017 multiplied by 6, except that:

12  (i) the amount calculated under this subparagraph

13  (D) shall be adjusted, either positively or

14  negatively, to account for the difference between the

15  actual payments issued under Section 5A-12.5 for the

16  period of July 1, 2017 through December 31, 2017 and

17  the estimated payments due and payable in the month of

18  April 2017 multiplied by 6 as described in

19  subparagraph (C); and

20  (ii) the amount calculated under this subparagraph

21  (D) shall be adjusted to include the product of .19125

22  multiplied by the sum of the fee-for-service payments,

23  if any, estimated to be paid to hospitals under

24  subsection (b) of Section 5A-12.5.

25  (2) The Department shall complete and apply a final

26 reconciliation of the ACA Assessment Adjustment prior to June
    SB3365 Enrolled         - 418 - LRB104 18483 SSS 31925 b

1 30, 2018 to account for:

2   (A) any differences between the actual payments issued

3   or scheduled to be issued prior to June 30, 2018 as

4   authorized in Section 5A-12.5 for the period of January 1,

5   2018 through June 30, 2018 and the estimated payments due

6   and payable in the month of October 2017 multiplied by 6 as

7   described in subparagraph (D); and

8   (B) any difference between the estimated

9   fee-for-service payments under subsection (b) of Section

10  5A-12.5 and the amount of such payments that are actually

11  scheduled to be paid.

12  The Department shall notify hospitals of any additional

13 amounts owed or reduction credits to be applied to the June

14 2018 ACA Assessment Adjustment. This is to be considered the

15 final reconciliation for the ACA Assessment Adjustment.

16  (3) Notwithstanding any other provision of this Section,

17 if for any reason the scheduled payments under subsection (b)

18 of Section 5A-12.5 are not issued in full by the final day of

19 the period authorized under subsection (b) of Section 5A-12.5,

20 funds collected from each hospital pursuant to subparagraph

21 (D) of paragraph (1) and pursuant to paragraph (2),

22 attributable to the scheduled payments authorized under

23 subsection (b) of Section 5A-12.5 that are not issued in full

24 by the final day of the period attributable to each payment

25 authorized under subsection (b) of Section 5A-12.5, shall be

26 refunded.
    SB3365 Enrolled          - 419 - LRB104 18483 SSS 31925 b

1   (4) The increases authorized under paragraph (2) of

2 subsection (a) and paragraph (2) of subsection (b-5) shall be

3 limited to the federally required State share of the total

4 payments authorized under Section 5A-12.5 if the sum of such

5 payments yields an annualized amount equal to or less than

6 $450,000,000, or if the adjustments authorized under

7 subsection (t) of Section 5A-12.2 are found not to be

8 actuarially sound; however, this limitation shall not apply to

9 the fee-for-service payments described in subsection (b) of

10 Section 5A-12.5.

11  (b-7)(1) As used in this Section, "Assessment Adjustment"

12 means:

13         (A) For the period of July 1, 2020 through December

14  31, 2020, the product of .3853 multiplied by the total of

15  the actual payments made under subsections (c) through (k)

16  of Section 5A-12.7 attributable to the period, less the

17  total of the assessment imposed under subsections (a) and

18  (b-5) of this Section for the period.

19         (B) For each calendar quarter beginning January 1,

20  2021 through December 31, 2022, the product of .3853

21  multiplied by the total of the actual payments made under

22  subsections (c) through (k) of Section 5A-12.7

23  attributable to the period, less the total of the

24  assessment imposed under subsections (a) and (b-5) of this

25  Section for the period.

26         (C) Beginning on January 1, 2023, and each subsequent
    SB3365 Enrolled  - 420 - LRB104 18483 SSS 31925 b

1   July 1 and January 1, the product of .3853 multiplied by

2   the total of the actual payments made under subsections

3   (c) through (j) and subsection (r) of Section 5A-12.7

4   attributable to the 6-month period immediately preceding

5   the period to which the adjustment applies, less the total

6   of the assessment imposed under subsections (a) and (b-5)

7   of this Section for the 6-month period immediately

8   preceding the period to which the adjustment applies.

9   (D) For the 6-month tax adjustment period beginning

10  July 1, 2026, the Assessment Adjustment defined in

11  subparagraph (C) of this paragraph (1) shall be half of

12  the amount calculated under subparagraph (C) of this

13  paragraph (1).

14  (2) The Department shall calculate and notify each

15 hospital of the total Assessment Adjustment and any additional

16 assessment owed by the hospital or refund owed to the hospital

17 on either a semi-annual or annual basis. Such notice shall be

18 issued at least 30 days prior to any period in which the

19 assessment will be adjusted. Any additional assessment owed by

20 the hospital or refund owed to the hospital shall be uniformly

21 applied to the assessment owed by the hospital in monthly

22 installments for the subsequent semi-annual period or calendar

23 year. If no assessment is owed in the subsequent year, any

24 amount owed by the hospital or refund due to the hospital,

25 shall be paid in a lump sum. If the calculation that is

26 computed under this Section could result in a decrease in the
    SB3365 Enrolled  - 421 - LRB104 18483 SSS 31925 b

1 Department's federal financial participation percentage for

2 payments authorized under Section 5A-12.7, then the Department

3 shall instead apply a uniform percentage reduction to the

4 payment rates outlined in subsection (r) of Section 5A-12.7

5 for all classes as defined in subsections (g) and (h) of

6 Section 5A-12.7 by an amount no more than necessary to

7 maximize federal reimbursement.

8   (3) The Department shall publish all details of the

9 Assessment Adjustment calculation performed each year on its

10 website within 30 days of completing the calculation, and also

11 submit the details of the Assessment Adjustment calculation as

12 part of the Department's annual report to the General

13 Assembly.

14  (b-8) Notwithstanding any other provision of this Article,

15 the Department shall reduce the assessments imposed on each

16 hospital under subsections (a) and (b-5) by the uniform

17 percentage necessary to reduce the total assessment imposed on

18 all hospitals by an aggregate amount of $240,000,000, with

19 such reduction being applied by June 30, 2022. The assessment

20 reduction required for each hospital under this subsection

21 shall be forever waived, forgiven, and released by the

22 Department.

23  (c) (Blank).

24  (d) Notwithstanding any of the other provisions of this

25 Section, the Department is authorized to adopt rules to reduce

26 the rate of any annual assessment imposed under this Section,
   SB3365 Enrolled  - 422 - LRB104 18483 SSS 31925 b

1 as authorized by Section 5-46.2 of the Illinois Administrative

2 Procedure Act.

3  (e) Notwithstanding any other provision of this Section,

4 any plan providing for an assessment on a hospital provider as

5 a permissible tax under Title XIX of the federal Social

6 Security Act and Medicaid-eligible payments to hospital

7 providers from the revenues derived from that assessment shall

8 be reviewed by the Illinois Department of Healthcare and

9 Family Services, as the Single State Medicaid Agency required

10 by federal law, to determine whether those assessments and

11 hospital provider payments meet federal Medicaid standards. If

12 the Department determines that the elements of the plan may

13 meet federal Medicaid standards and a related State Medicaid

14 Plan Amendment is prepared in a manner and form suitable for

15 submission, that State Plan Amendment shall be submitted in a

16 timely manner for review by the Centers for Medicare and

17 Medicaid Services of the United States Department of Health

18 and Human Services and subject to approval by the Centers for

19 Medicare and Medicaid Services of the United States Department

20 of Health and Human Services. No such plan shall become

21 effective without approval by the Illinois General Assembly by

22 the enactment into law of related legislation. Notwithstanding

23 any other provision of this Section, the Department is

24 authorized to adopt rules to reduce the rate of any annual

25 assessment imposed under this Section. Any such rules may be

26 adopted by the Department under Section 5-50 of the Illinois
    SB3365 Enrolled  - 423 - LRB104 18483 SSS 31925 b

1 Administrative Procedure Act.

2   (f) To provide for the expeditious and timely

3 implementation of the changes made to this Section by Public

4 Act 104-7 this amendatory Act of the 104th General Assembly,

5 the Department may adopt emergency rules as authorized by

6 Section 5-45 of the Illinois Administrative Procedure Act. The

7 adoption of emergency rules is deemed to be necessary for the

8 public interest, safety, and welfare.

9 (Source: P.A. 103-102, eff. 1-1-24; 104-7, eff. 6-16-25;

10 104-9, eff. 6-16-25; revised 8-5-25.)

11  (305 ILCS 5/5A-7) (from Ch. 23, par. 5A-7)

12  Sec. 5A-7. Administration; enforcement provisions.

13  (a) The Illinois Department shall establish and maintain a

14 listing of all hospital providers appearing in the licensing

15 records of the Illinois Department of Public Health, which

16 shall show each provider's name and principal place of

17 business and the name and address of each hospital operated,

18 conducted, or maintained by the provider in this State. The

19 listing shall also include the monthly assessment amounts owed

20 for each hospital and any unpaid assessment liability greater

21 than 90 days delinquent. The Illinois Department shall

22 administer and enforce this Article and collect the

23 assessments and penalty assessments imposed under this Article

24 using procedures employed in its administration of this Code

25 generally. The Illinois Department, its Director, and every
    SB3365 Enrolled  - 424 - LRB104 18483 SSS 31925 b

1 hospital provider subject to assessment under this Article

2 shall have the following powers, duties, and rights:

3   (1) The Illinois Department may initiate either

4   administrative or judicial proceedings, or both, to

5   enforce provisions of this Article. Administrative

6   enforcement proceedings initiated hereunder shall be

7   governed by the Illinois Department's administrative

8   rules. Judicial enforcement proceedings initiated

9   hereunder shall be governed by the rules of procedure

10  applicable in the courts of this State.

11  (2) (Blank).

12  (3) Any unpaid assessment under this Article shall

13  become a lien upon the assets of the hospital upon which it

14  was assessed. If any hospital provider, outside the usual

15  course of its business, sells or transfers the major part

16  of any one or more of (A) the real property and

17  improvements, (B) the machinery and equipment, or (C) the

18  furniture or fixtures, of any hospital that is subject to

19  the provisions of this Article, the seller or transferor

20  shall pay the Illinois Department the amount of any

21  assessment, assessment penalty, and interest (if any) due

22  from it under this Article up to the date of the sale or

23  transfer. The Illinois Department may, in its discretion,

24  foreclose on such a lien, but shall do so in a manner that

25  is consistent with Section 5e of the Retailers' Occupation

26  Tax Act. If the seller or transferor fails to pay any
    SB3365 Enrolled  - 425 - LRB104 18483 SSS 31925 b

1   assessment, assessment penalty, and interest (if any) due,

2   the purchaser or transferee of such asset shall be liable

3   for the amount of the assessment, penalties, and interest

4   (if any) up to the amount of the reasonable value of the

5   property acquired by the purchaser or transferee. The

6   purchaser or transferee shall continue to be liable until

7   the purchaser or transferee pays the full amount of the

8   assessment, penalties, and interest (if any) up to the

9   amount of the reasonable value of the property acquired by

10  the purchaser or transferee or until the purchaser or

11  transferee receives from the Illinois Department a

12  certificate showing that such assessment, penalty, and

13  interest have been paid or a certificate from the Illinois

14  Department showing that no assessment, penalty, or

15  interest is due from the seller or transferor under this

16  Article.

17  (4) Payments under this Article are not subject to the

18  Illinois Prompt Payment Act. Credits or refunds shall not

19  bear interest.

20  (b) In addition to any other remedy provided for and

21 without sending a notice of assessment liability, the Illinois

22 Department shall collect an unpaid assessment by withholding,

23 as payment of the assessment, reimbursements or other amounts

24 otherwise payable by the Illinois Department to the hospital

25 provider, including, but not limited to, payment amounts

26 otherwise payable from a managed care organization performing
    SB3365 Enrolled  - 426 - LRB104 18483 SSS 31925 b

1 duties under contract with the Illinois Department. To the

2 extent not prohibited by federal or State law, the Department

3 may collect an unpaid assessment by offsetting or recouping,

4 as payment of the assessment obligation, amounts otherwise

5 payable by any State agency to the hospital provider,

6 including, but not limited to, State grants and grant

7 appropriations.

8   (1) The requirements of this subsection may be waived

9   in instances when a disaster proclamation has been

10  declared by the Governor. In such circumstances, a

11  hospital must demonstrate temporary financial distress and

12  establish an agreement with the Illinois Department

13  specifying when repayment in full of all taxes owed will

14  occur.

15  (2) The requirements of this subsection may be waived

16  by the Illinois Department in instances when a hospital

17  has entered into and remains in compliance with a

18  repayment plan or a tax deferral plan. A repayment plan or

19  tax deferral plan must be entered into no later than 30

20  days after notice of an unpaid assessment payment.

21  Beginning July 1, 2026, the Illinois Department shall not

22  enter into any new tax deferral plan with a hospital. A

23  hospital may enter into a repayment plan with the

24  Department that includes terms for repayment of the total

25  amount owed over 72 months or less, repaid in equal

26  payment increments. Payments shall begin within 30 days of
    SB3365 Enrolled  - 427 - LRB104 18483 SSS 31925 b

1   the signed agreement date. Hospitals with existing

2   repayment agreements that were negotiated and remain in

3   effect prior to June 1, 2026 may either adhere to the terms

4   of their existing agreements or, alternatively, seek to

5   amend the existing agreement's repayment period to 72

6   months or less from the date the new agreement is entered

7   into. Renegotiated repayment plans shall include equal

8   payment increments for the total amount owed over the

9   period of the renegotiated agreement. Such renegotiated

10  repayment agreements may only include amendments to (a)

11  the length of the repayment period and (b) the payment

12  increments, provided that the total amount to be repaid

13  does not change from what remained unpaid under the

14  original repayment agreement and any additional amounts

15  owed. An existing repayment or tax deferral agreement

16  cannot be amended more than once unless otherwise agreed

17  upon by the Department. No repayment plan may exceed a

18  period of 36 months. No tax deferral plan may exceed a

19  period of 6 months, and repayment after the end of a tax

20  deferral plan shall not exceed 36 months. Failure to

21  remain in compliance with a repayment plan or tax deferral

22  plan shall cause immediate termination of such plan unless

23  there is prior written consent from the Illinois

24  Department for a period of non-compliance.

25  (3) Beginning September 1, 2025, the Illinois

26  Department shall immediately collect all overdue unpaid
    SB3365 Enrolled  - 428 - LRB104 18483 SSS 31925 b

1   assessments and penalties through the collection methods

2   authorized under this Section, unless a repayment plan or

3   tax deferral plan has already been agreed to by September

4   1, 2025.

5   (4) For any unpaid assessments and penalties that are

6   overdue as of the effective date of this amendatory Act of

7   the 104th General Assembly of House Bill 2771 of the 104th

8   General Assembly, upon receipt of payment the Department

9   may, at its discretion, transfer funds from the Hospital

10  Provider Fund to the Healthcare Provider Relief Fund,

11  provided that, at the time of each transfer, there are no

12  outstanding assessment-related payments owed to hospitals

13  that cannot be paid from resources remaining in the

14  Hospital Provider Fund after the transfer.

15  (c) To provide for the expeditious and timely

16 implementation of the changes made to this Section by this

17 amendatory Act of the 104th General Assembly, the Department

18 may adopt emergency rules as authorized by Section 5-45 of the

19 Illinois Administrative Procedure Act. The adoption of

20 emergency rules is deemed to be necessary for the public

21 interest, safety, and welfare.

22 (Source: P.A. 104-2, eff. 6-16-25; 104-7, eff. 6-16-25.)

23  (305 ILCS 5/12-4.25) (from Ch. 23, par. 12-4.25)

24  Sec. 12-4.25. Medical assistance program; vendor

25 participation.
    SB3365 Enrolled      - 429 - LRB104 18483 SSS 31925 b

1   (A) The Illinois Department may deny, suspend, or

2 terminate the eligibility of any person, firm, corporation,

3 association, agency, institution or other legal entity to

4 participate as a vendor of goods or services to recipients

5 under the medical assistance program under Article V, or may

6 exclude any such person or entity from participation as such a

7 vendor, and may deny, suspend, or recover payments, if after

8 reasonable notice and opportunity for a hearing the Illinois

9 Department finds:

10  (a) Such vendor is not complying with the Department's

11  policy or rules and regulations, or with the terms and

12  conditions prescribed by the Illinois Department in its

13  vendor agreement, which document shall be developed by the

14  Department as a result of negotiations with each vendor

15  category, including physicians, hospitals, long term care

16  facilities, pharmacists, optometrists, podiatric

17  physicians, and dentists setting forth the terms and

18  conditions applicable to the participation of each vendor

19  group in the program; or

20  (b) Such vendor has failed to keep or make available

21  for inspection, audit or copying, after receiving a

22  written request from the Illinois Department, such records

23  regarding payments claimed for providing services. This

24  section does not require vendors to make available patient

25  records of patients for whom services are not reimbursed

26  under this Code; or
    SB3365 Enrolled         - 430 - LRB104 18483 SSS 31925 b

1   (c) Such vendor has failed to furnish any information

2   requested by the Department regarding payments for

3   providing goods or services; or

4   (d) Such vendor has knowingly made, or caused to be

5   made, any false statement or representation of a material

6   fact in connection with the administration of the medical

7   assistance program; or

8   (e) Such vendor has furnished goods or services to a

9   recipient which are (1) in excess of need, (2) harmful, or

10  (3) of grossly inferior quality, all of such

11  determinations to be based upon competent medical judgment

12  and evaluations; or

13  (f) The vendor; a person with management

14  responsibility for a vendor; an officer or person owning,

15  either directly or indirectly, 5% or more of the shares of

16  stock or other evidences of ownership in a corporate

17  vendor; an owner of a sole proprietorship which is a

18  vendor; or a partner in a partnership which is a vendor,

19  either:

20           (1) was previously terminated, suspended, or

21  excluded from participation in the Illinois medical

22  assistance program, or was terminated, suspended, or

23  excluded from participation in another state or

24  federal medical assistance or health care program; or

25           (2) was a person with management responsibility

26  for a vendor previously terminated, suspended, or
    SB3365 Enrolled  - 431 - LRB104 18483 SSS 31925 b

1   excluded from participation in the Illinois medical

2   assistance program, or terminated, suspended, or

3   excluded from participation in another state or

4   federal medical assistance or health care program

5   during the time of conduct which was the basis for that

6   vendor's termination, suspension, or exclusion; or

7   (3) was an officer, or person owning, either

8   directly or indirectly, 5% or more of the shares of

9   stock or other evidences of ownership in a corporate

10  or limited liability company vendor previously

11  terminated, suspended, or excluded from participation

12  in the Illinois medical assistance program, or

13  terminated, suspended, or excluded from participation

14  in a state or federal medical assistance or health

15  care program during the time of conduct which was the

16  basis for that vendor's termination, suspension, or

17  exclusion; or

18  (4) was an owner of a sole proprietorship or

19  partner of a partnership previously terminated,

20  suspended, or excluded from participation in the

21  Illinois medical assistance program, or terminated,

22  suspended, or excluded from participation in a state

23  or federal medical assistance or health care program

24  during the time of conduct which was the basis for that

25  vendor's termination, suspension, or exclusion; or

26  (f-1) Such vendor has a delinquent debt owed to the
    SB3365 Enrolled          - 432 - LRB104 18483 SSS 31925 b

1   Illinois Department; or

2   (g) The vendor; a person with management

3   responsibility for a vendor; an officer or person owning,

4   either directly or indirectly, 5% or more of the shares of

5   stock or other evidences of ownership in a corporate or

6   limited liability company vendor; an owner of a sole

7   proprietorship which is a vendor; or a partner in a

8   partnership which is a vendor, either:

9   (1) has engaged in practices prohibited by

10  applicable federal or State law or regulation; or

11  (2) was a person with management responsibility

12  for a vendor at the time that such vendor engaged in

13  practices prohibited by applicable federal or State

14  law or regulation; or

15  (3) was an officer, or person owning, either

16  directly or indirectly, 5% or more of the shares of

17  stock or other evidences of ownership in a vendor at

18  the time such vendor engaged in practices prohibited

19  by applicable federal or State law or regulation; or

20  (4) was an owner of a sole proprietorship or

21  partner of a partnership which was a vendor at the time

22  such vendor engaged in practices prohibited by

23  applicable federal or State law or regulation; or

24  (h) The direct or indirect ownership of the vendor

25  (including the ownership of a vendor that is a sole

26  proprietorship, a partner's interest in a vendor that is a
    SB3365 Enrolled  - 433 - LRB104 18483 SSS 31925 b

1   partnership, or ownership of 5% or more of the shares of

2   stock or other evidences of ownership in a corporate

3   vendor) has been transferred by an individual who is

4   terminated, suspended, or excluded or barred from

5   participating as a vendor to the individual's spouse,

6   child, brother, sister, parent, grandparent, grandchild,

7   uncle, aunt, niece, nephew, cousin, or relative by

8   marriage.

9   (A-5) The Illinois Department may deny, suspend, or

10 terminate the eligibility of any person, firm, corporation,

11 association, agency, institution, or other legal entity to

12 participate as a vendor of goods or services to recipients

13 under the medical assistance program under Article V, or may

14 exclude any such person or entity from participation as such a

15 vendor, if, after reasonable notice and opportunity for a

16 hearing, the Illinois Department finds that the vendor; a

17 person with management responsibility for a vendor; an officer

18 or person owning, either directly or indirectly, 5% or more of

19 the shares of stock or other evidences of ownership in a

20 corporate vendor; an owner of a sole proprietorship that is a

21 vendor; or a partner in a partnership that is a vendor has been

22 convicted of an offense based on fraud or willful

23 misrepresentation related to any of the following:

24  (1) The medical assistance program under Article V of

25  this Code.

26  (2) A medical assistance or health care program in
    SB3365 Enrolled       - 434 - LRB104 18483 SSS 31925 b

1   another state.

2   (3) The Medicare program under Title XVIII of the

3   Social Security Act.

4   (4) The provision of health care services.

5   (5) A violation of this Code, as provided in Article

6   VIIIA, or another state or federal medical assistance

7   program or health care program.

8   (A-10) The Illinois Department may deny, suspend, or

9 terminate the eligibility of any person, firm, corporation,

10 association, agency, institution, or other legal entity to

11 participate as a vendor of goods or services to recipients

12 under the medical assistance program under Article V, or may

13 exclude any such person or entity from participation as such a

14 vendor, if, after reasonable notice and opportunity for a

15 hearing, the Illinois Department finds that (i) the vendor,

16 (ii) a person with management responsibility for a vendor,

17 (iii) an officer or person owning, either directly or

18 indirectly, 5% or more of the shares of stock or other

19 evidences of ownership in a corporate vendor, (iv) an owner of

20 a sole proprietorship that is a vendor, or (v) a partner in a

21 partnership that is a vendor has been convicted of an offense

22 related to any of the following:

23  (1) Murder.

24  (2) A Class X felony under the Criminal Code of 1961 or

25  the Criminal Code of 2012.

26  (3) Sexual misconduct that may subject recipients to
    SB3365 Enrolled         - 435 - LRB104 18483 SSS 31925 b

1   an undue risk of harm.

2   (4) A criminal offense that may subject recipients to

3   an undue risk of harm.

4   (5) A crime of fraud or dishonesty.

5   (6) A crime involving a controlled substance.

6   (7) A misdemeanor relating to fraud, theft,

7   embezzlement, breach of fiduciary responsibility, or other

8   financial misconduct related to a health care program.

9   (A-15) The Illinois Department may deny the eligibility of

10 any person, firm, corporation, association, agency,

11 institution, or other legal entity to participate as a vendor

12 of goods or services to recipients under the medical

13 assistance program under Article V if, after reasonable notice

14 and opportunity for a hearing, the Illinois Department finds:

15  (1) The applicant or any person with management

16  responsibility for the applicant; an officer or member of

17  the board of directors of an applicant; an entity owning

18  (directly or indirectly) 5% or more of the shares of stock

19  or other evidences of ownership in a corporate vendor

20  applicant; an owner of a sole proprietorship applicant; a

21  partner in a partnership applicant; or a technical or

22  other advisor to an applicant has a debt owed to the

23  Illinois Department, and no payment arrangements

24  acceptable to the Illinois Department have been made by

25  the applicant.

26  (2) The applicant or any person with management
    SB3365 Enrolled  - 436 - LRB104 18483 SSS 31925 b

1   responsibility for the applicant; an officer or member of

2   the board of directors of an applicant; an entity owning

3   (directly or indirectly) 5% or more of the shares of stock

4   or other evidences of ownership in a corporate vendor

5   applicant; an owner of a sole proprietorship applicant; a

6   partner in a partnership vendor applicant; or a technical

7   or other advisor to an applicant was (i) a person with

8   management responsibility, (ii) an officer or member of

9   the board of directors of an applicant, (iii) an entity

10  owning (directly or indirectly) 5% or more of the shares

11  of stock or other evidences of ownership in a corporate

12  vendor, (iv) an owner of a sole proprietorship, (v) a

13  partner in a partnership vendor, (vi) a technical or other

14  advisor to a vendor, during a period of time where the

15  conduct of that vendor resulted in a debt owed to the

16  Illinois Department, and no payment arrangements

17  acceptable to the Illinois Department have been made by

18  that vendor.

19  (3) There is a credible allegation of the use,

20  transfer, or lease of assets of any kind to an applicant

21  from a current or prior vendor who has a debt owed to the

22  Illinois Department, no payment arrangements acceptable to

23  the Illinois Department have been made by that vendor or

24  the vendor's alternate payee, and the applicant knows or

25  should have known of such debt.

26  (4) There is a credible allegation of a transfer of
    SB3365 Enrolled  - 437 - LRB104 18483 SSS 31925 b

1   management responsibilities, or direct or indirect

2   ownership, to an applicant from a current or prior vendor

3   who has a debt owed to the Illinois Department, and no

4   payment arrangements acceptable to the Illinois Department

5   have been made by that vendor or the vendor's alternate

6   payee, and the applicant knows or should have known of

7   such debt.

8   (5) There is a credible allegation of the use,

9   transfer, or lease of assets of any kind to an applicant

10  who is a spouse, child, brother, sister, parent,

11  grandparent, grandchild, uncle, aunt, niece, relative by

12  marriage, nephew, cousin, or relative of a current or

13  prior vendor who has a debt owed to the Illinois

14  Department and no payment arrangements acceptable to the

15  Illinois Department have been made.

16  (6) There is a credible allegation that the

17  applicant's previous affiliations with a provider of

18  medical services that has an uncollected debt, a provider

19  that has been or is subject to a payment suspension under a

20  federal health care program, or a provider that has been

21  previously excluded from participation in the medical

22  assistance program, poses a risk of fraud, waste, or abuse

23  to the Illinois Department.

24  As used in this subsection, "credible allegation" is

25 defined to include an allegation from any source, including,

26 but not limited to, fraud hotline complaints, claims data
    SB3365 Enrolled  - 438 - LRB104 18483 SSS 31925 b

1 mining, patterns identified through provider audits, civil

2 actions filed under the Illinois False Claims Act, and law

3 enforcement investigations. An allegation is considered to be

4 credible when it has indicia of reliability.

5   (B) The Illinois Department shall deny, suspend or

6 terminate the eligibility of any person, firm, corporation,

7 association, agency, institution or other legal entity to

8 participate as a vendor of goods or services to recipients

9 under the medical assistance program under Article V, or may

10 exclude any such person or entity from participation as such a

11 vendor:

12          (1) immediately, if such vendor is not properly

13  licensed, certified, or authorized;

14          (2) within 30 days of the date when such vendor's

15  professional license, certification or other authorization

16  has been refused renewal, restricted, revoked, suspended,

17  or otherwise terminated; or

18          (3) if such vendor has been convicted of a violation

19  of this Code, as provided in Article VIIIA.

20  (C) Upon termination, suspension, or exclusion of a vendor

21 of goods or services from participation in the medical

22 assistance program authorized by this Article, a person with

23 management responsibility for such vendor during the time of

24 any conduct which served as the basis for that vendor's

25 termination, suspension, or exclusion is barred from

26 participation in the medical assistance program.
    SB3365 Enrolled  - 439 - LRB104 18483 SSS 31925 b

1   Upon termination, suspension, or exclusion of a corporate

2 vendor, the officers and persons owning, directly or

3 indirectly, 5% or more of the shares of stock or other

4 evidences of ownership in the vendor during the time of any

5 conduct which served as the basis for that vendor's

6 termination, suspension, or exclusion are barred from

7 participation in the medical assistance program. A person who

8 owns, directly or indirectly, 5% or more of the shares of stock

9 or other evidences of ownership in a terminated, suspended, or

10 excluded vendor may not transfer his or her ownership interest

11 in that vendor to his or her spouse, child, brother, sister,

12 parent, grandparent, grandchild, uncle, aunt, niece, nephew,

13 cousin, or relative by marriage.

14  Upon termination, suspension, or exclusion of a sole

15 proprietorship or partnership, the owner or partners during

16 the time of any conduct which served as the basis for that

17 vendor's termination, suspension, or exclusion are barred from

18 participation in the medical assistance program. The owner of

19 a terminated, suspended, or excluded vendor that is a sole

20 proprietorship, and a partner in a terminated, suspended, or

21 excluded vendor that is a partnership, may not transfer his or

22 her ownership or partnership interest in that vendor to his or

23 her spouse, child, brother, sister, parent, grandparent,

24 grandchild, uncle, aunt, niece, nephew, cousin, or relative by

25 marriage.

26  A person who owns, directly or indirectly, 5% or more of
    SB3365 Enrolled  - 440 - LRB104 18483 SSS 31925 b

1 the shares of stock or other evidences of ownership in a

2 corporate or limited liability company vendor who owes a debt

3 to the Department, if that vendor has not made payment

4 arrangements acceptable to the Department, shall not transfer

5 his or her ownership interest in that vendor, or vendor assets

6 of any kind, to his or her spouse, child, brother, sister,

7 parent, grandparent, grandchild, uncle, aunt, niece, nephew,

8 cousin, or relative by marriage.

9   Rules adopted by the Illinois Department to implement

10 these provisions shall specifically include a definition of

11 the term "management responsibility" as used in this Section.

12 Such definition shall include, but not be limited to, typical

13 job titles, and duties and descriptions which will be

14 considered as within the definition of individuals with

15 management responsibility for a provider.

16  A vendor or a prior vendor who has been terminated,

17 excluded, or suspended from the medical assistance program, or

18 from another state or federal medical assistance or health

19 care program, and any individual currently or previously

20 barred from the medical assistance program, or from another

21 state or federal medical assistance or health care program, as

22 a result of being an officer or a person owning, directly or

23 indirectly, 5% or more of the shares of stock or other

24 evidences of ownership in a corporate or limited liability

25 company vendor during the time of any conduct which served as

26 the basis for that vendor's termination, suspension, or
    SB3365 Enrolled  - 441 - LRB104 18483 SSS 31925 b

1 exclusion, may be required to post a surety bond as part of a

2 condition of enrollment or participation in the medical

3 assistance program. The Illinois Department shall establish,

4 by rule, the criteria and requirements for determining when a

5 surety bond must be posted and the value of the bond.

6   A vendor or a prior vendor who has a debt owed to the

7 Illinois Department and any individual currently or previously

8 barred from the medical assistance program, or from another

9 state or federal medical assistance or health care program, as

10 a result of being an officer or a person owning, directly or

11 indirectly, 5% or more of the shares of stock or other

12 evidences of ownership in that corporate or limited liability

13 company vendor during the time of any conduct which served as

14 the basis for the debt, may be required to post a surety bond

15 as part of a condition of enrollment or participation in the

16 medical assistance program. The Illinois Department shall

17 establish, by rule, the criteria and requirements for

18 determining when a surety bond must be posted and the value of

19 the bond.

20  (D) If a vendor has been suspended from the medical

21 assistance program under Article V of the Code, the Director

22 may require that such vendor correct any deficiencies which

23 served as the basis for the suspension. The Director shall

24 specify in the suspension order a specific period of time,

25 which shall not exceed one year from the date of the order,

26 during which a suspended vendor shall not be eligible to
    SB3365 Enrolled      - 442 - LRB104 18483 SSS 31925 b

1 participate. At the conclusion of the period of suspension the

2 Director shall reinstate such vendor, unless he finds that

3 such vendor has not corrected deficiencies upon which the

4 suspension was based.

5   If a vendor has been terminated, suspended, or excluded

6 from the medical assistance program under Article V, such

7 vendor shall be barred from participation for at least one

8 year, except that if a vendor has been terminated, suspended,

9 or excluded based on a conviction of a violation of Article

10 VIIIA or a conviction of a felony based on fraud or a willful

11 misrepresentation related to (i) the medical assistance

12 program under Article V, (ii) a federal or another state's

13 medical assistance or health care program, or (iii) the

14 provision of health care services, then the vendor shall be

15 barred from participation for 5 years or for the length of the

16 vendor's sentence for that conviction, whichever is longer. At

17 the end of one year a vendor who has been terminated,

18 suspended, or excluded may apply for reinstatement to the

19 program. Upon proper application to be reinstated such vendor

20 may be deemed eligible by the Director providing that such

21 vendor meets the requirements for eligibility under this Code.

22 If such vendor is deemed not eligible for reinstatement, he

23 shall be barred from again applying for reinstatement for one

24 year from the date his application for reinstatement is

25 denied.

26  A vendor whose termination, suspension, or exclusion from
    SB3365 Enrolled  - 443 - LRB104 18483 SSS 31925 b

1 participation in the Illinois medical assistance program under

2 Article V was based solely on an action by a governmental

3 entity other than the Illinois Department may, upon

4 reinstatement by that governmental entity or upon reversal of

5 the termination, suspension, or exclusion, apply for

6 rescission of the termination, suspension, or exclusion from

7 participation in the Illinois medical assistance program. Upon

8 proper application for rescission, the vendor may be deemed

9 eligible by the Director if the vendor meets the requirements

10 for eligibility under this Code.

11  If a vendor has been terminated, suspended, or excluded

12 and reinstated to the medical assistance program under Article

13 V and the vendor is terminated, suspended, or excluded a

14 second or subsequent time from the medical assistance program,

15 the vendor shall be barred from participation for at least 2

16 years, except that if a vendor has been terminated, suspended,

17 or excluded a second time based on a conviction of a violation

18 of Article VIIIA or a conviction of a felony based on fraud or

19 a willful misrepresentation related to (i) the medical

20 assistance program under Article V, (ii) a federal or another

21 state's medical assistance or health care program, or (iii)

22 the provision of health care services, then the vendor shall

23 be barred from participation for life. At the end of 2 years, a

24 vendor who has been terminated, suspended, or excluded may

25 apply for reinstatement to the program. Upon application to be

26 reinstated, the vendor may be deemed eligible if the vendor
    SB3365 Enrolled        - 444 - LRB104 18483 SSS 31925 b

1 meets the requirements for eligibility under this Code. If the

2 vendor is deemed not eligible for reinstatement, the vendor

3 shall be barred from again applying for reinstatement for 2

4 years from the date the vendor's application for reinstatement

5 is denied.

6   (E) The Illinois Department may recover money improperly

7 or erroneously paid, or overpayments, either by setoff,

8 crediting against future billings or by requiring direct

9 repayment to the Illinois Department. The Illinois Department

10 may suspend or deny payment, in whole or in part, if such

11 payment would be improper or erroneous or would otherwise

12 result in overpayment.

13  (1) Payments may be suspended, denied, or recovered

14  from a vendor or alternate payee: (i) for services

15  rendered in violation of the Illinois Department's

16  provider notices, statutes, rules, and regulations; (ii)

17  for services rendered in violation of the terms and

18  conditions prescribed by the Illinois Department in its

19  vendor agreement; (iii) for any vendor who fails to grant

20  the Office of Inspector General timely access to full and

21  complete records, including, but not limited to, records

22  relating to recipients under the medical assistance

23  program for the most recent 6 years, in accordance with

24  Section 140.28 of Title 89 of the Illinois Administrative

25  Code, and other information for the purpose of audits,

26  investigations, or other program integrity functions,
    SB3365 Enrolled  - 445 - LRB104 18483 SSS 31925 b

1   after reasonable written request by the Inspector General;

2   this subsection (E) does not require vendors to make

3   available the medical records of patients for whom

4   services are not reimbursed under this Code or to provide

5   access to medical records more than 6 years old; (iv) when

6   the vendor has knowingly made, or caused to be made, any

7   false statement or representation of a material fact in

8   connection with the administration of the medical

9   assistance program; or (v) when the vendor previously

10  rendered services while terminated, suspended, or excluded

11  from participation in the medical assistance program or

12  while terminated or excluded from participation in another

13  state or federal medical assistance or health care

14  program.

15  (2) Notwithstanding any other provision of law, if a

16  vendor has the same taxpayer identification number

17  (assigned under Section 6109 of the Internal Revenue Code

18  of 1986) as is assigned to a vendor with past-due

19  financial obligations to the Illinois Department, the

20  Illinois Department may make any necessary adjustments to

21  payments to that vendor in order to satisfy any past-due

22  obligations, regardless of whether the vendor is assigned

23  a different billing number under the medical assistance

24  program.

25  (E-5) Civil monetary penalties.

26  (1) As used in this subsection (E-5):
    SB3365 Enrolled  - 446 - LRB104 18483 SSS 31925 b

1   (a) "Knowingly" means that a person, with respect

2   to information: (i) has actual knowledge of the

3   information; (ii) acts in deliberate ignorance of the

4   truth or falsity of the information; or (iii) acts in

5   reckless disregard of the truth or falsity of the

6   information. No proof of specific intent to defraud is

7   required.

8   (b) "Overpayment" means any funds that a person

9   receives or retains from the medical assistance

10  program to which the person, after applicable

11  reconciliation, is not entitled under this Code.

12  (c) "Remuneration" means the offer or transfer of

13  items or services for free or for other than fair

14  market value by a person; however, remuneration does

15  not include items or services of a nominal value of no

16  more than $10 per item or service, or $50 in the

17  aggregate on an annual basis, or any other offer or

18  transfer of items or services as determined by the

19  Department.

20  (d) "Should know" means that a person, with

21  respect to information: (i) acts in deliberate

22  ignorance of the truth or falsity of the information;

23  or (ii) acts in reckless disregard of the truth or

24  falsity of the information. No proof of specific

25  intent to defraud is required.

26  (2) Any person (including a vendor, provider,
    SB3365 Enrolled  - 447 - LRB104 18483 SSS 31925 b

1   organization, agency, or other entity, or an alternate

2   payee thereof, but excluding a recipient) who:

3   (a) knowingly presents or causes to be presented

4   to an officer, employee, or agent of the State, a claim

5   that the Department determines:

6                    (i) is for a medical or other item or service

7   that the person knows or should know was not

8   provided as claimed, including any person who

9   engages in a pattern or practice of presenting or

10  causing to be presented a claim for an item or

11  service that is based on a code that the person

12  knows or should know will result in a greater

13  payment to the person than the code the person

14  knows or should know is applicable to the item or

15  service actually provided;

16                   (ii) is for a medical or other item or service

17  and the person knows or should know that the claim

18  is false or fraudulent;

19                   (iii) is presented for a vendor physician's

20  service, or an item or service incident to a

21  vendor physician's service, by a person who knows

22  or should know that the individual who furnished,

23  or supervised the furnishing of, the service:

24                   (AA) was not licensed as a physician;

25                   (BB) was licensed as a physician but such

26                   license had been obtained through a
    SB3365 Enrolled  - 448 - LRB104 18483 SSS 31925 b

1                    misrepresentation of material fact (including

2                    cheating on an examination required for

3                    licensing); or

4                    (CC) represented to the patient at the

5                    time the service was furnished that the

6                    physician was certified in a medical specialty

7                    by a medical specialty board, when the

8                    individual was not so certified;

9                    (iv) is for a medical or other item or service

10  furnished during a period in which the person was

11  excluded from the medical assistance program or a

12  federal or state health care program under which

13  the claim was made pursuant to applicable law; or

14                   (v) is for a pattern of medical or other items

15  or services that a person knows or should know are

16  not medically necessary;

17  (b) knowingly presents or causes to be presented

18  to any person a request for payment which is in

19  violation of the conditions for receipt of vendor

20  payments under the medical assistance program under

21  Section 11-13 of this Code;

22  (c) knowingly gives or causes to be given to any

23  person, with respect to medical assistance program

24  coverage of inpatient hospital services, information

25  that he or she knows or should know is false or

26  misleading, and that could reasonably be expected to
    SB3365 Enrolled  - 449 - LRB104 18483 SSS 31925 b

1   influence the decision when to discharge such person

2   or other individual from the hospital;

3   (d) in the case of a person who is not an

4   organization, agency, or other entity, is excluded

5   from participating in the medical assistance program

6   or a federal or state health care program and who, at

7   the time of a violation of this subsection (E-5):

8                    (i) retains a direct or indirect ownership or

9   control interest in an entity that is

10  participating in the medical assistance program or

11  a federal or state health care program, and who

12  knows or should know of the action constituting

13  the basis for the exclusion; or

14                   (ii) is an officer or managing employee of

15  such an entity;

16  (e) offers or transfers remuneration to any

17  individual eligible for benefits under the medical

18  assistance program that such person knows or should

19  know is likely to influence such individual to order

20  or receive from a particular vendor, provider,

21  practitioner, or supplier any item or service for

22  which payment may be made, in whole or in part, under

23  the medical assistance program;

24  (f) arranges or contracts (by employment or

25  otherwise) with an individual or entity that the

26  person knows or should know is excluded from
    SB3365 Enrolled  - 450 - LRB104 18483 SSS 31925 b

1   participation in the medical assistance program or a

2   federal or state health care program, for the

3   provision of items or services for which payment may

4   be made under such a program;

5   (g) commits an act described in subsection (b) or

6   (c) of Section 8A-3;

7   (h) knowingly makes, uses, or causes to be made or

8   used, a false record or statement material to a false

9   or fraudulent claim for payment for items and services

10  furnished under the medical assistance program;

11  (i) fails to grant timely access, upon reasonable

12  request (as defined by the Department by rule), to the

13  Inspector General, for the purpose of audits,

14  investigations, evaluations, or other statutory

15  functions of the Inspector General of the Department;

16  (j) orders or prescribes a medical or other item

17  or service during a period in which the person was

18  excluded from the medical assistance program or a

19  federal or state health care program, in the case

20  where the person knows or should know that a claim for

21  such medical or other item or service will be made

22  under such a program;

23  (k) knowingly makes or causes to be made any false

24  statement, omission, or misrepresentation of a

25  material fact in any application, bid, or contract to

26  participate or enroll as a vendor or provider of
    SB3365 Enrolled  - 451 - LRB104 18483 SSS 31925 b

1   services or a supplier under the medical assistance

2   program;

3   (l) knows of an overpayment and does not report

4   and return the overpayment to the Department in

5   accordance with paragraph (6);

6   shall be subject, in addition to any other penalties that

7   may be prescribed by law, to a civil money penalty of not

8   more than $10,000 for each item or service (or, in cases

9   under subparagraph (c), $15,000 for each individual with

10  respect to whom false or misleading information was given;

11  in cases under subparagraph (d), $10,000 for each day the

12  prohibited relationship occurs; in cases under

13  subparagraph (g), $50,000 for each such act; in cases

14  under subparagraph (h), $50,000 for each false record or

15  statement; in cases under subparagraph (i), $15,000 for

16  each day of the failure described in such subparagraph; or

17  in cases under subparagraph (k), $50,000 for each false

18  statement, omission, or misrepresentation of a material

19  fact). In addition, such a person shall be subject to an

20  assessment of not more than 3 times the amount claimed for

21  each such item or service in lieu of damages sustained by

22  the State because of such claim (or, in cases under

23  subparagraph (g), damages of not more than 3 times the

24  total amount of remuneration offered, paid, solicited, or

25  received, without regard to whether a portion of such

26  remuneration was offered, paid, solicited, or received for
    SB3365 Enrolled  - 452 - LRB104 18483 SSS 31925 b

1   a lawful purpose; or in cases under subparagraph (k), an

2   assessment of not more than 3 times the total amount

3   claimed for each item or service for which payment was

4   made based upon the application, bid, or contract

5   containing the false statement, omission, or

6   misrepresentation of a material fact).

7   (3) In addition, the Director or his or her designee

8   may make a determination in the same proceeding to

9   exclude, terminate, suspend, or bar the person from

10  participation in the medical assistance program.

11  (4) The Illinois Department may seek the civil

12  monetary penalties and exclusion, termination, suspension,

13  or barment identified in this subsection (E-5). Prior to

14  the imposition of any penalties or sanctions, the affected

15  person shall be afforded an opportunity for a hearing

16  after reasonable notice. The Department shall establish

17  hearing procedures by rule.

18  (5) Any final order, decision, or other determination

19  made, issued, or executed by the Director under the

20  provisions of this subsection (E-5), whereby a person is

21  aggrieved, shall be subject to review in accordance with

22  the provisions of the Administrative Review Law, and the

23  rules adopted pursuant thereto, which shall apply to and

24  govern all proceedings for the judicial review of final

25  administrative decisions of the Director.

26  (6)(a) If a person has received an overpayment, the
    SB3365 Enrolled      - 453 - LRB104 18483 SSS 31925 b

1   person shall:

2   (i) report and return the overpayment to the

3   Department at the correct address; and

4   (ii) notify the Department in writing of the

5   reason for the overpayment.

6   (b) An overpayment must be reported and returned under

7   subparagraph (a) by the later of:

8   (i) the date which is 60 days after the date on

9   which the overpayment was identified; or

10  (ii) the date any corresponding cost report is

11  due, if applicable.

12  (E-10) A vendor who disputes an overpayment identified as

13 part of a Department audit shall utilize the Department's

14 self-referral disclosure protocol as set forth under this Code

15 to identify, investigate, and return to the Department any

16 undisputed audit overpayment amount. Unless the disputed

17 overpayment amount is subject to a fraud payment suspension,

18 or involves a termination sanction, the Department shall defer

19 the recovery of the disputed overpayment amount up to one year

20 after the date of the Department's final audit determination,

21 or earlier, or as required by State or federal law. If the

22 administrative hearing extends beyond one year, and such delay

23 was not caused by the request of the vendor, then the

24 Department shall not recover the disputed overpayment amount

25 until the date of the final administrative decision. If a

26 final administrative decision establishes that the disputed
    SB3365 Enrolled  - 454 - LRB104 18483 SSS 31925 b

1 overpayment amount is owed to the Department, then the amount

2 shall be immediately due to the Department. The Department

3 shall be entitled to recover interest from the vendor on the

4 overpayment amount from the date of the overpayment through

5 the date the vendor returns the overpayment to the Department

6 at a rate not to exceed the Wall Street Journal Prime Rate, as

7 published from time to time, but not to exceed 5%. Any interest

8 billed by the Department shall be due immediately upon receipt

9 of the Department's billing statement.

10  (F) The Illinois Department may withhold payments to any

11 vendor or alternate payee prior to or during the pendency of

12 any audit or proceeding under this Section, and through the

13 pendency of any administrative appeal or administrative review

14 by any court proceeding. The Illinois Department shall state

15 by rule with as much specificity as practicable the conditions

16 under which payments will not be withheld under this Section.

17 Payments may be denied for bills submitted with service dates

18 occurring during the pendency of a proceeding, after a final

19 decision has been rendered, or after the conclusion of any

20 administrative appeal, where the final administrative decision

21 is to terminate, exclude, or suspend eligibility to

22 participate in the medical assistance program. The Illinois

23 Department shall state by rule with as much specificity as

24 practicable the conditions under which payments will not be

25 denied for such bills. The Illinois Department shall state by

26 rule a process and criteria by which a vendor or alternate
    SB3365 Enrolled  - 455 - LRB104 18483 SSS 31925 b

1 payee may request full or partial release of payments withheld

2 under this subsection. The Department must complete a

3 proceeding under this Section in a timely manner.

4   Notwithstanding recovery allowed under subsection (E) or

5 this subsection (F), the Illinois Department may withhold

6 payments to any vendor or alternate payee who is not properly

7 licensed, certified, or in compliance with State or federal

8 agency regulations. Payments may be denied for bills submitted

9 with service dates occurring during the period of time that a

10 vendor is not properly licensed, certified, or in compliance

11 with State or federal regulations. Facilities licensed under

12 the Nursing Home Care Act shall have payments denied or

13 withheld pursuant to subsection (I) of this Section.

14  (F-5) The Illinois Department may temporarily withhold

15 payments to a vendor or alternate payee if any of the following

16 individuals have been indicted or otherwise charged under a

17 law of the United States or this or any other state with an

18 offense that is based on alleged fraud or willful

19 misrepresentation on the part of the individual related to (i)

20 the medical assistance program under Article V of this Code,

21 (ii) a federal or another state's medical assistance or health

22 care program, or (iii) the provision of health care services:

23  (1) If the vendor or alternate payee is a corporation:

24  an officer of the corporation or an individual who owns,

25  either directly or indirectly, 5% or more of the shares of

26  stock or other evidence of ownership of the corporation.
    SB3365 Enrolled  - 456 - LRB104 18483 SSS 31925 b

1   (2) If the vendor is a sole proprietorship: the owner

2   of the sole proprietorship.

3   (3) If the vendor or alternate payee is a partnership:

4   a partner in the partnership.

5   (4) If the vendor or alternate payee is any other

6   business entity authorized by law to transact business in

7   this State: an officer of the entity or an individual who

8   owns, either directly or indirectly, 5% or more of the

9   evidences of ownership of the entity.

10  If the Illinois Department withholds payments to a vendor

11 or alternate payee under this subsection, the Department shall

12 not release those payments to the vendor or alternate payee

13 while any criminal proceeding related to the indictment or

14 charge is pending unless the Department determines that there

15 is good cause to release the payments before completion of the

16 proceeding. If the indictment or charge results in the

17 individual's conviction, the Illinois Department shall retain

18 all withheld payments, which shall be considered forfeited to

19 the Department. If the indictment or charge does not result in

20 the individual's conviction, the Illinois Department shall

21 release to the vendor or alternate payee all withheld

22 payments.

23  (F-10) If the Illinois Department establishes that the

24 vendor or alternate payee owes a debt to the Illinois

25 Department, and the vendor or alternate payee subsequently

26 fails to pay or make satisfactory payment arrangements with
    SB3365 Enrolled           - 457 - LRB104 18483 SSS 31925 b

1 the Illinois Department for the debt owed, the Illinois

2 Department may seek all remedies available under the law of

3 this State to recover the debt, including, but not limited to,

4 wage garnishment or the filing of claims or liens against the

5 vendor or alternate payee.

6   (F-15) Enforcement of judgment.

7   (1) Any fine, recovery amount, other sanction, or

8   costs imposed, or part of any fine, recovery amount, other

9   sanction, or cost imposed, remaining unpaid after the

10  exhaustion of or the failure to exhaust judicial review

11  procedures under the Illinois Administrative Review Law is

12  a debt due and owing the State and may be collected using

13  all remedies available under the law.

14  (2) After expiration of the period in which judicial

15  review under the Illinois Administrative Review Law may be

16  sought for a final administrative decision, unless stayed

17  by a court of competent jurisdiction, the findings,

18  decision, and order of the Director may be enforced in the

19  same manner as a judgment entered by a court of competent

20  jurisdiction.

21  (3) In any case in which any person or entity has

22  failed to comply with a judgment ordering or imposing any

23  fine or other sanction, any expenses incurred by the

24  Illinois Department to enforce the judgment, including,

25  but not limited to, attorney's fees, court costs, and

26  costs related to property demolition or foreclosure, after
    SB3365 Enrolled  - 458 - LRB104 18483 SSS 31925 b

1   they are fixed by a court of competent jurisdiction or the

2   Director, shall be a debt due and owing the State and may

3   be collected in accordance with applicable law. Prior to

4   any expenses being fixed by a final administrative

5   decision pursuant to this subsection (F-15), the Illinois

6   Department shall provide notice to the individual or

7   entity that states that the individual or entity shall

8   appear at a hearing before the administrative hearing

9   officer to determine whether the individual or entity has

10  failed to comply with the judgment. The notice shall set

11  the date for such a hearing, which shall not be less than 7

12  days from the date that notice is served. If notice is

13  served by mail, the 7-day period shall begin to run on the

14  date that the notice was deposited in the mail.

15  (4) Upon being recorded in the manner required by

16  Article XII of the Code of Civil Procedure or by the

17  Uniform Commercial Code, a lien shall be imposed on the

18  real estate or personal estate, or both, of the individual

19  or entity in the amount of any debt due and owing the State

20  under this Section. The lien may be enforced in the same

21  manner as a judgment of a court of competent jurisdiction.

22  A lien shall attach to all property and assets of such

23  person, firm, corporation, association, agency,

24  institution, or other legal entity until the judgment is

25  satisfied.

26  (5) The Director may set aside any judgment entered by
    SB3365 Enrolled  - 459 - LRB104 18483 SSS 31925 b

1   default and set a new hearing date upon a petition filed at

2   any time (i) if the petitioner's failure to appear at the

3   hearing was for good cause, or (ii) if the petitioner

4   established that the Department did not provide proper

5   service of process. If any judgment is set aside pursuant

6   to this paragraph (5), the hearing officer shall have

7   authority to enter an order extinguishing any lien which

8   has been recorded for any debt due and owing the Illinois

9   Department as a result of the vacated default judgment.

10  (G) The provisions of the Administrative Review Law, as

11 now or hereafter amended, and the rules adopted pursuant

12 thereto, shall apply to and govern all proceedings for the

13 judicial review of final administrative decisions of the

14 Illinois Department under this Section. The term

15 "administrative decision" is defined as in Section 3-101 of

16 the Code of Civil Procedure.

17  (G-5) Vendors who pose a risk of fraud, waste, abuse, or

18 harm.

19        (1) Notwithstanding any other provision in this

20  Section, the Department may terminate, suspend, or exclude

21  vendors who pose a risk of fraud, waste, abuse, or harm

22  from participation in the medical assistance program prior

23  to an evidentiary hearing but after reasonable notice and

24  opportunity to respond as established by the Department by

25  rule.

26        (2) Vendors who pose a risk of fraud, waste, abuse, or
    SB3365 Enrolled     - 460 - LRB104 18483 SSS 31925 b

1   harm shall submit to a fingerprint-based criminal

2   background check on current and future information

3   available in the State system and current information

4   available through the Federal Bureau of Investigation's

5   system by submitting all necessary fees and information in

6   the form and manner prescribed by the Illinois State

7   Police. The following individuals shall be subject to the

8   check:

9           (A) In the case of a vendor that is a corporation,

10  every shareholder who owns, directly or indirectly, 5%

11  or more of the outstanding shares of the corporation.

12          (B) In the case of a vendor that is a partnership,

13  every partner.

14          (C) In the case of a vendor that is a sole

15  proprietorship, the sole proprietor.

16          (D) Each officer or manager of the vendor.

17  Each such vendor shall be responsible for payment of

18  the cost of the criminal background check.

19  (3) Vendors who pose a risk of fraud, waste, abuse, or

20  harm may be required to post a surety bond. The Department

21  shall establish, by rule, the criteria and requirements

22  for determining when a surety bond must be posted and the

23  value of the bond.

24  (4) The Department, or its agents, may refuse to

25  accept requests for authorization from specific vendors

26  who pose a risk of fraud, waste, abuse, or harm, including
    SB3365 Enrolled          - 461 - LRB104 18483 SSS 31925 b

1   prior-approval and post-approval requests, if:

2       (A) the Department has initiated a notice of

3   termination, suspension, or exclusion of the vendor

4   from participation in the medical assistance program;

5   or

6       (B) the Department has issued notification of its

7   withholding of payments pursuant to subsection (F-5)

8   of this Section; or

9       (C) the Department has issued a notification of

10  its withholding of payments due to reliable evidence

11  of fraud or willful misrepresentation pending

12  investigation.

13  (5) As used in this subsection, the following terms

14  are defined as follows:

15      (A) "Fraud" means an intentional deception or

16  misrepresentation made by a person with the knowledge

17  that the deception could result in some unauthorized

18  benefit to himself or herself or some other person. It

19  includes any act that constitutes fraud under

20  applicable federal or State law.

21      (B) "Abuse" means provider practices that are

22  inconsistent with sound fiscal, business, or medical

23  practices and that result in an unnecessary cost to

24  the medical assistance program or in reimbursement for

25  services that are not medically necessary or that fail

26  to meet professionally recognized standards for health
    SB3365 Enrolled  - 462 - LRB104 18483 SSS 31925 b

1   care. It also includes recipient practices that result

2   in unnecessary cost to the medical assistance program.

3   Abuse does not include diagnostic or therapeutic

4   measures conducted primarily as a safeguard against

5   possible vendor liability.

6   (C) "Waste" means the unintentional misuse of

7   medical assistance resources, resulting in unnecessary

8   cost to the medical assistance program. Waste does not

9   include diagnostic or therapeutic measures conducted

10  primarily as a safeguard against possible vendor

11  liability.

12  (D) "Harm" means physical, mental, or monetary

13  damage to recipients or to the medical assistance

14  program.

15  (G-6) The Illinois Department, upon making a determination

16 based upon information in the possession of the Illinois

17 Department that continuation of participation in the medical

18 assistance program by a vendor would constitute an immediate

19 danger to the public, may immediately suspend such vendor's

20 participation in the medical assistance program without a

21 hearing. In instances in which the Illinois Department

22 immediately suspends the medical assistance program

23 participation of a vendor under this Section, a hearing upon

24 the vendor's participation must be convened by the Illinois

25 Department within 15 days after such suspension and completed

26 without appreciable delay. Such hearing shall be held to
    SB3365 Enrolled  - 463 - LRB104 18483 SSS 31925 b

1 determine whether to recommend to the Director that the

2 vendor's medical assistance program participation be denied,

3 terminated, suspended, placed on provisional status, or

4 reinstated. In the hearing, any evidence relevant to the

5 vendor constituting an immediate danger to the public may be

6 introduced against such vendor; provided, however, that the

7 vendor, or his or her counsel, shall have the opportunity to

8 discredit, impeach, and submit evidence rebutting such

9 evidence.

10  (H) Nothing contained in this Code shall in any way limit

11 or otherwise impair the authority or power of any State agency

12 responsible for licensing of vendors.

13  (I) Based on a finding of noncompliance on the part of a

14 nursing home with any requirement for certification under

15 Title XVIII or XIX of the Social Security Act (42 U.S.C. Sec.

16 1395 et seq. or 42 U.S.C. Sec. 1396 et seq.), the Illinois

17 Department may impose one or more of the following remedies

18 after notice to the facility:

19  (1) Termination of the provider agreement.

20  (2) Temporary management.

21  (3) Denial of payment for new admissions.

22  (4) Civil money penalties.

23  (5) Closure of the facility in emergency situations or

24  transfer of residents, or both.

25  (6) State monitoring.

26  (7) Denial of all payments when the U.S. Department of
    SB3365 Enrolled        - 464 - LRB104 18483 SSS 31925 b

1   Health and Human Services has imposed this sanction.

2   The Illinois Department shall by rule establish criteria

3 governing continued payments to a nursing facility subsequent

4 to termination of the facility's provider agreement if, in the

5 sole discretion of the Illinois Department, circumstances

6 affecting the health, safety, and welfare of the facility's

7 residents require those continued payments. The Illinois

8 Department may condition those continued payments on the

9 appointment of temporary management, sale of the facility to

10 new owners or operators, or other arrangements that the

11 Illinois Department determines best serve the needs of the

12 facility's residents.

13  Except in the case of a facility that has a right to a

14 hearing on the finding of noncompliance before an agency of

15 the federal government, a facility may request a hearing

16 before a State agency on any finding of noncompliance within

17 60 days after the notice of the intent to impose a remedy.

18 Except in the case of civil money penalties, a request for a

19 hearing shall not delay imposition of the penalty. The choice

20 of remedies is not appealable at a hearing. The level of

21 noncompliance may be challenged only in the case of a civil

22 money penalty. The Illinois Department shall provide by rule

23 for the State agency that will conduct the evidentiary

24 hearings.

25  The Illinois Department may collect interest on unpaid

26 civil money penalties.
    SB3365 Enrolled          - 465 - LRB104 18483 SSS 31925 b

1   The Illinois Department may adopt all rules necessary to

2 implement this subsection (I).

3   (J) The Illinois Department, by rule, may permit

4 individual practitioners to designate that Department payments

5 that may be due the practitioner be made to an alternate payee

6 or alternate payees.

7   (a) Such alternate payee or alternate payees shall be

8   required to register as an alternate payee in the Medical

9   Assistance Program with the Illinois Department.

10  (b) If a practitioner designates an alternate payee,

11  the alternate payee and practitioner shall be jointly and

12  severally liable to the Department for payments made to

13  the alternate payee. Pursuant to subsection (E) of this

14  Section, any Department action to suspend or deny payment

15  or recover money or overpayments from an alternate payee

16  shall be subject to an administrative hearing.

17  (c) Registration as an alternate payee or alternate

18  payees in the Illinois Medical Assistance Program shall be

19  conditional. At any time, the Illinois Department may deny

20  or cancel any alternate payee's registration in the

21  Illinois Medical Assistance Program without cause. Any

22  such denial or cancellation is not subject to an

23  administrative hearing.

24  (d) The Illinois Department may seek a revocation of

25  any alternate payee, and all owners, officers, and

26  individuals with management responsibility for such
    SB3365 Enrolled  - 466 - LRB104 18483 SSS 31925 b

1   alternate payee shall be permanently prohibited from

2   participating as an owner, an officer, or an individual

3   with management responsibility with an alternate payee in

4   the Illinois Medical Assistance Program, if after

5   reasonable notice and opportunity for a hearing the

6   Illinois Department finds that:

7   (1) the alternate payee is not complying with the

8   Department's policy or rules and regulations, or with

9   the terms and conditions prescribed by the Illinois

10  Department in its alternate payee registration

11  agreement; or

12  (2) the alternate payee has failed to keep or make

13  available for inspection, audit, or copying, after

14  receiving a written request from the Illinois

15  Department, such records regarding payments claimed as

16  an alternate payee; or

17  (3) the alternate payee has failed to furnish any

18  information requested by the Illinois Department

19  regarding payments claimed as an alternate payee; or

20  (4) the alternate payee has knowingly made, or

21  caused to be made, any false statement or

22  representation of a material fact in connection with

23  the administration of the Illinois Medical Assistance

24  Program; or

25  (5) the alternate payee, a person with management

26  responsibility for an alternate payee, an officer or
    SB3365 Enrolled  - 467 - LRB104 18483 SSS 31925 b

1   person owning, either directly or indirectly, 5% or

2   more of the shares of stock or other evidences of

3   ownership in a corporate alternate payee, or a partner

4   in a partnership which is an alternate payee:

5                    (a) was previously terminated, suspended, or

6   excluded from participation as a vendor in the

7   Illinois Medical Assistance Program, or was

8   previously revoked as an alternate payee in the

9   Illinois Medical Assistance Program, or was

10  terminated, suspended, or excluded from

11  participation as a vendor in a medical assistance

12  program in another state that is of the same kind

13  as the program of medical assistance provided

14  under Article V of this Code; or

15                   (b) was a person with management

16  responsibility for a vendor previously terminated,

17  suspended, or excluded from participation as a

18  vendor in the Illinois Medical Assistance Program,

19  or was previously revoked as an alternate payee in

20  the Illinois Medical Assistance Program, or was

21  terminated, suspended, or excluded from

22  participation as a vendor in a medical assistance

23  program in another state that is of the same kind

24  as the program of medical assistance provided

25  under Article V of this Code, during the time of

26  conduct which was the basis for that vendor's
    SB3365 Enrolled  - 468 - LRB104 18483 SSS 31925 b

1   termination, suspension, or exclusion or alternate

2   payee's revocation; or

3                    (c) was an officer, or person owning, either

4   directly or indirectly, 5% or more of the shares

5   of stock or other evidences of ownership in a

6   corporate vendor previously terminated, suspended,

7   or excluded from participation as a vendor in the

8   Illinois Medical Assistance Program, or was

9   previously revoked as an alternate payee in the

10  Illinois Medical Assistance Program, or was

11  terminated, suspended, or excluded from

12  participation as a vendor in a medical assistance

13  program in another state that is of the same kind

14  as the program of medical assistance provided

15  under Article V of this Code, during the time of

16  conduct which was the basis for that vendor's

17  termination, suspension, or exclusion; or

18                   (d) was an owner of a sole proprietorship or

19  partner in a partnership previously terminated,

20  suspended, or excluded from participation as a

21  vendor in the Illinois Medical Assistance Program,

22  or was previously revoked as an alternate payee in

23  the Illinois Medical Assistance Program, or was

24  terminated, suspended, or excluded from

25  participation as a vendor in a medical assistance

26  program in another state that is of the same kind
    SB3365 Enrolled  - 469 - LRB104 18483 SSS 31925 b

1   as the program of medical assistance provided

2   under Article V of this Code, during the time of

3   conduct which was the basis for that vendor's

4   termination, suspension, or exclusion or alternate

5   payee's revocation; or

6   (6) the alternate payee, a person with management

7   responsibility for an alternate payee, an officer or

8   person owning, either directly or indirectly, 5% or

9   more of the shares of stock or other evidences of

10  ownership in a corporate alternate payee, or a partner

11  in a partnership which is an alternate payee:

12                   (a) has engaged in conduct prohibited by

13  applicable federal or State law or regulation

14  relating to the Illinois Medical Assistance

15  Program; or

16                   (b) was a person with management

17  responsibility for a vendor or alternate payee at

18  the time that the vendor or alternate payee

19  engaged in practices prohibited by applicable

20  federal or State law or regulation relating to the

21  Illinois Medical Assistance Program; or

22                   (c) was an officer, or person owning, either

23  directly or indirectly, 5% or more of the shares

24  of stock or other evidences of ownership in a

25  vendor or alternate payee at the time such vendor

26  or alternate payee engaged in practices prohibited
    SB3365 Enrolled  - 470 - LRB104 18483 SSS 31925 b

1   by applicable federal or State law or regulation

2   relating to the Illinois Medical Assistance

3   Program; or

4                    (d) was an owner of a sole proprietorship or

5   partner in a partnership which was a vendor or

6   alternate payee at the time such vendor or

7   alternate payee engaged in practices prohibited by

8   applicable federal or State law or regulation

9   relating to the Illinois Medical Assistance

10  Program; or

11  (7) the direct or indirect ownership of the vendor

12  or alternate payee (including the ownership of a

13  vendor or alternate payee that is a partner's interest

14  in a vendor or alternate payee, or ownership of 5% or

15  more of the shares of stock or other evidences of

16  ownership in a corporate vendor or alternate payee)

17  has been transferred by an individual who is

18  terminated, suspended, or excluded or barred from

19  participating as a vendor or is prohibited or revoked

20  as an alternate payee to the individual's spouse,

21  child, brother, sister, parent, grandparent,

22  grandchild, uncle, aunt, niece, nephew, cousin, or

23  relative by marriage.

24  (K) The Illinois Department of Healthcare and Family

25 Services may withhold payments, in whole or in part, to a

26 provider or alternate payee where there is credible evidence,
    SB3365 Enrolled  - 471 - LRB104 18483 SSS 31925 b

1 received from State or federal law enforcement or federal

2 oversight agencies or from the results of a preliminary

3 Department audit, that the circumstances giving rise to the

4 need for a withholding of payments may involve fraud or

5 willful misrepresentation under the Illinois Medical

6 Assistance program. The Department shall by rule define what

7 constitutes "credible" evidence for purposes of this

8 subsection. The Department may withhold payments without first

9 notifying the provider or alternate payee of its intention to

10 withhold such payments. A provider or alternate payee may

11 request a reconsideration of payment withholding, and the

12 Department must grant such a request. The Department shall

13 state by rule a process and criteria by which a provider or

14 alternate payee may request full or partial release of

15 payments withheld under this subsection. This request may be

16 made at any time after the Department first withholds such

17 payments.

18  (a) The Illinois Department must send notice of its

19  withholding of program payments within 5 days of taking

20  such action. The notice must set forth the general

21  allegations as to the nature of the withholding action,

22  but need not disclose any specific information concerning

23  its ongoing investigation. The notice must do all of the

24  following:

25            (1) State that payments are being withheld in

26  accordance with this subsection.
    SB3365 Enrolled        - 472 - LRB104 18483 SSS 31925 b

1   (2) State that the withholding is for a temporary

2   period, as stated in paragraph (b) of this subsection,

3   and cite the circumstances under which withholding

4   will be terminated.

5   (3) Specify, when appropriate, which type or types

6   of Medicaid claims withholding is effective.

7   (4) Inform the provider or alternate payee of the

8   right to submit written evidence for reconsideration

9   of the withholding by the Illinois Department.

10  (5) Inform the provider or alternate payee that a

11  written request may be made to the Illinois Department

12  for full or partial release of withheld payments and

13  that such requests may be made at any time after the

14  Department first withholds such payments.

15  (b) All withholding-of-payment actions under this

16  subsection shall be temporary and shall not continue after

17  any of the following:

18  (1) The Illinois Department or the prosecuting

19  authorities determine that there is insufficient

20  evidence of fraud or willful misrepresentation by the

21  provider or alternate payee.

22  (2) Legal proceedings related to the provider's or

23  alternate payee's alleged fraud, willful

24  misrepresentation, violations of this Act, or

25  violations of the Illinois Department's administrative

26  rules are completed.
   SB3365 Enrolled  - 473 - LRB104 18483 SSS 31925 b

1  (3) The withholding of payments for a period of 3

2  years.

3  (c) The Illinois Department may adopt all rules

4  necessary to implement this subsection (K).

5  (K-5) The Illinois Department may withhold payments, in

6 whole or in part, to a provider or alternate payee upon

7 initiation of an audit, quality of care review, investigation

8 when there is a credible allegation of fraud, or the provider

9 or alternate payee demonstrating a clear failure to cooperate

10 with the Illinois Department such that the circumstances give

11 rise to the need for a withholding of payments. As used in this

12 subsection, "credible allegation" is defined to include an

13 allegation from any source, including, but not limited to,

14 fraud hotline complaints, claims data mining, patterns

15 identified through provider audits, civil actions filed under

16 the Illinois False Claims Act, and law enforcement

17 investigations. An allegation is considered to be credible

18 when it has indicia of reliability. The Illinois Department

19 may withhold payments without first notifying the provider or

20 alternate payee of its intention to withhold such payments. A

21 provider or alternate payee may request a hearing or a

22 reconsideration of payment withholding, and the Illinois

23 Department must grant such a request. The Illinois Department

24 shall state by rule a process and criteria by which a provider

25 or alternate payee may request a hearing or a reconsideration

26 for the full or partial release of payments withheld under
    SB3365 Enrolled      - 474 - LRB104 18483 SSS 31925 b

1 this subsection. This request may be made at any time after the

2 Illinois Department first withholds such payments.

3   (a) The Illinois Department must send notice of its

4   withholding of program payments within 5 days of taking

5   such action. The notice must set forth the general

6   allegations as to the nature of the withholding action but

7   need not disclose any specific information concerning its

8   ongoing investigation. The notice must do all of the

9   following:

10  (1) State that payments are being withheld in

11  accordance with this subsection.

12  (2) State that the withholding is for a temporary

13  period, as stated in paragraph (b) of this subsection,

14  and cite the circumstances under which withholding

15  will be terminated.

16  (3) Specify, when appropriate, which type or types

17  of claims are withheld.

18  (4) Inform the provider or alternate payee of the

19  right to request a hearing or a reconsideration of the

20  withholding by the Illinois Department, including the

21  ability to submit written evidence.

22  (5) Inform the provider or alternate payee that a

23  written request may be made to the Illinois Department

24  for a hearing or a reconsideration for the full or

25  partial release of withheld payments and that such

26  requests may be made at any time after the Illinois
    SB3365 Enrolled        - 475 - LRB104 18483 SSS 31925 b

1   Department first withholds such payments.

2   (b) All withholding of payment actions under this

3   subsection shall be temporary and shall not continue after

4   any of the following:

5   (1) The Illinois Department determines that there

6   is insufficient evidence of fraud, or the provider or

7   alternate payee demonstrates clear cooperation with

8   the Illinois Department, as determined by the Illinois

9   Department, such that the circumstances do not give

10  rise to the need for withholding of payments; or

11  (2) The withholding of payments has lasted for a

12  period in excess of 3 years.

13  (c) The Illinois Department may adopt all rules

14  necessary to implement this subsection (K-5).

15  (L) The Illinois Department shall establish a protocol to

16 enable health care providers to disclose an actual or

17 potential violation of this Section pursuant to a

18 self-referral disclosure protocol, referred to in this

19 subsection as "the protocol". The protocol shall include

20 direction for health care providers on a specific person,

21 official, or office to whom such disclosures shall be made.

22 The Illinois Department shall post information on the protocol

23 on the Illinois Department's public website. The Illinois

24 Department may adopt rules necessary to implement this

25 subsection (L). In addition to other factors that the Illinois

26 Department finds appropriate, the Illinois Department may
    SB3365 Enrolled  - 476 - LRB104 18483 SSS 31925 b

1 consider a health care provider's timely use or failure to use

2 the protocol in considering the provider's failure to comply

3 with this Code.

4   (M) Notwithstanding any other provision of this Code, the

5 Illinois Department, at its discretion, may exempt an entity

6 licensed under the Nursing Home Care Act, the ID/DD Community

7 Care Act, or the MC/DD Act from the provisions of subsections

8 (A-15), (B), and (C) of this Section if the licensed entity is

9 in receivership.

10  (N) Enforcement of advance payment agreements. To the

11 extent not prohibited by federal or State law, and

12 notwithstanding any other provision of this Code, if a

13 provider fails to comply with the terms of an advance payment

14 agreement, the Department is authorized to collect any unpaid

15 advance balance through one or more of the following methods:

16  (1) Direct withholding of Department reimbursements.

17  The Department may withhold reimbursement or other amounts

18  otherwise payable by the Department to the provider,

19  including, but not limited to, fee-for-service claims

20  payments, supplemental payments, and any other amounts the

21  Department is obligated to pay the provider under the

22  medical assistance program, and apply such withheld

23  amounts as repayment of the unpaid advance.

24  (2) Managed care organizations remittance. If a

25  provider participates in a managed care program

26  administered by the Department, the Department may direct
    SB3365 Enrolled         - 477 - LRB104 18483 SSS 31925 b

1   the managed care organization to remit to the Department

2   amounts otherwise payable by the managed care organization

3   to the provider, and apply such remitted amounts as

4   repayment of the unpaid advance.

5   (3) Interagency recoupment. The Department may recoup

6   amounts otherwise payable by any State agency to the

7   provider, including, but not limited to, State grants and

8   grant appropriations, and apply such amounts as repayment

9   of the unpaid advance.

10  (4) Other collection methods. The Department may

11  pursue any other collection remedy available at law.

12  The Department shall adopt rules establishing procedures

13 for collection under this subsection (N). For purposes of this

14 subsection (N), "provider" includes, but is not limited to, a

15 long-term care facility as defined under the Nursing Home Care

16 Act and a hospital provider as defined under Article V-A of

17 this Code.

18 (Source: P.A. 102-538, eff. 8-20-21.)

19                   ARTICLE 260.

20  Section 260-5. The Illinois Administrative Procedure Act

21 is amended by adding Section 5-45.73 as follows:

22  (5 ILCS 100/5-45.73 new)

23  Sec. 5-45.73. Emergency rulemaking; nursing home staffing
    SB3365 Enrolled          - 478 - LRB104 18483 SSS 31925 b

1 ratios. To provide for the expeditious and timely

2 implementation of Section 3-202.05 of the Nursing Home Care

3 Act and changes made by this amendatory Act of the 104th

4 General Assembly to Section 3-202.05 of the Nursing Home Care

5 Act, emergency rules implementing Section 3-202.05 of the

6 Nursing Home Care Act and changes made by this amendatory Act

7 of the 104th General Assembly to Section 3-202.05 of the

8 Nursing Home Care Act may be adopted in accordance with

9 Section 5-45 by the Department of Public Health. The adoption

10 of emergency rules authorized by Section 5-45 and this Section

11 is deemed to be necessary for the public interest, safety, and

12 welfare.

13  This Section is repealed one year after the effective date

14 of this amendatory Act of the 104th General Assembly.

15  Section 260-10. The Nursing Home Care Act is amended by

16 changing Section 3-202.05 and by adding Section 3-130 as

17 follows:

18  (210 ILCS 45/3-130 new)

19  Sec. 3-130. Annual training for facility staff. A facility

20 must provide its staff with annual training based on the most

21 recurrent citations as specified by the Department. The annual

22 training requirements will be defined by the Department

23 annually based on the most frequent and recurrent findings or

24 citations during surveys or complaint investigations. The
    SB3365 Enrolled         - 479 - LRB104 18483 SSS 31925 b

1 facility must provide proof or documentation of the annual

2 training performed for the recurrent violations. Failure to

3 provide such proof or documentation may result in

4 administrative fines and penalties under this Act. The

5 Department may adopt any rules necessary to implement this

6 Section.

7   The provisions of this Section are declarative of existing

8 law.

9   (210 ILCS 45/3-202.05)

10  Sec. 3-202.05. Staffing ratios effective July 1, 2010 and

11 thereafter.

12  (a) For the purpose of computing staff to resident ratios,

13 direct care staff shall include:

14      (1) registered nurses;

15      (2) licensed practical nurses;

16      (3) certified nurse assistants;

17      (4) psychiatric services rehabilitation aides;

18      (5) rehabilitation and therapy aides;

19      (6) psychiatric services rehabilitation coordinators;

20      (7) assistant directors of nursing;

21      (8) 50% of the Director of Nurses' time; and

22      (9) 30% of the Social Services Directors' time.

23  The Department shall, by rule, allow certain facilities

24 subject to 77 Ill. Adm. Code 300.4000 and following (Subpart

25 S) to utilize specialized clinical staff, as defined in rules,
    SB3365 Enrolled  - 480 - LRB104 18483 SSS 31925 b

1 to count towards the staffing ratios.

2   Within 120 days of June 14, 2012 (the effective date of

3 Public Act 97-689), the Department shall promulgate rules

4 specific to the staffing requirements for facilities federally

5 defined as Institutions for Mental Disease. These rules shall

6 recognize the unique nature of individuals with chronic mental

7 health conditions, shall include minimum requirements for

8 specialized clinical staff, including clinical social workers,

9 psychiatrists, psychologists, and direct care staff set forth

10 in paragraphs (4) through (6) and any other specialized staff

11 which may be utilized and deemed necessary to count toward

12 staffing ratios.

13  Within 120 days of June 14, 2012 (the effective date of

14 Public Act 97-689), the Department shall promulgate rules

15 specific to the staffing requirements for facilities licensed

16 under the Specialized Mental Health Rehabilitation Act of

17 2013. These rules shall recognize the unique nature of

18 individuals with chronic mental health conditions, shall

19 include minimum requirements for specialized clinical staff,

20 including clinical social workers, psychiatrists,

21 psychologists, and direct care staff set forth in paragraphs

22 (4) through (6) and any other specialized staff which may be

23 utilized and deemed necessary to count toward staffing ratios.

24  (a-5) The Centers for Medicare and Medicaid Services'

25 payroll-based journal job title codes, which correspond to the

26 staff used for the staffing ratios in subsection (a), are as
    SB3365 Enrolled  - 481 - LRB104 18483 SSS 31925 b

1 follows:

2        (1) Registered Nurse Director of Nursing, job title

3   code 5.

4        (2) Registered Nurse with Administrative Duties, job

5   title code 6.

6        (3) Registered Nurse, job title code 7.

7        (4) Licensed Practical/Vocational Nurse with

8   Administrative Duties, job title code 8.

9        (5) Licensed Practical/Vocational Nurse, job title

10  code 9.

11       (6) Certified Nurse Aide, job title code 10.

12       (7) Nurse Aide in Training, job title code 11.

13       (8) Medication Aide/Technician, job title code 12.

14       (9) Nurse Practitioner, job title code 13.

15       (10) Clinical Nurse Specialist, job title code 14.

16       (11) Occupational Therapist, job title code 18.

17       (12) Occupational Therapy Assistant, job title code

18  19.

19       (13) Occupational Therapy Aide, job title code 20.

20       (14) Physical Therapist, job title code 21.

21       (15) Physical Therapy Assistant, job title code 22.

22       (16) Physical Therapy Assistant, job title code 23.

23       (17) Respiratory Therapist, job title code 24.

24       (18) Respiratory Therapy Technician, job title code

25  25.

26       (19) Speech/Language Pathologist, job title code 26.
    SB3365 Enrolled  - 482 - LRB104 18483 SSS 31925 b

1        (20) Qualified Activities Professional, job title code

2   28.

3        (21) Other Activities Staff, job title code 29.

4        (22) Qualified Social Worker, job title code 30.

5        (23) Other Social Worker, job title code 31.

6        (24) Mental Health Service Worker, job title code 34.

7   For all job title codes in this subsection, 100% of the

8 hours worked by the staff must be counted toward the

9 staff-to-resident ratio, except job code title 5, which is

10 limited to 50%, and job title codes 28, 30, and 31, which are

11 limited to 30%.

12  (b) (Blank).

13  (b-5) For purposes of the minimum staffing ratios in this

14 Section, all residents shall be classified as requiring either

15 skilled care or intermediate care.

16  As used in this subsection:

17  "Intermediate care" means basic nursing care and other

18 restorative services under periodic medical direction.

19  "Skilled care" means skilled nursing care, continuous

20 skilled nursing observations, restorative nursing, and other

21 services under professional direction with frequent medical

22 supervision.

23  (c) Facilities shall notify the Department within 60 days

24 after July 29, 2010 (the effective date of Public Act

25 96-1372), in a form and manner prescribed by the Department,

26 of the staffing ratios in effect on July 29, 2010 (the
    SB3365 Enrolled    - 483 - LRB104 18483 SSS 31925 b

1 effective date of Public Act 96-1372) for both intermediate

2 and skilled care and the number of residents receiving each

3 level of care.

4   (d)(1) (Blank).

5   (2) (Blank).

6   (3) (Blank).

7   (4) (Blank).

8   (5) Effective January 1, 2014, the minimum staffing ratios

9 shall be increased to 3.8 hours of nursing and personal care

10 each day for a resident needing skilled care and 2.5 hours of

11 nursing and personal care each day for a resident needing

12 intermediate care.

13  (e) Ninety days after June 14, 2012 (the effective date of

14 Public Act 97-689), a minimum of 25% of nursing and personal

15 care time shall be provided by licensed nurses, with at least

16 10% of nursing and personal care time provided by registered

17 nurses. These minimum requirements shall remain in effect

18 until an acuity based registered nurse requirement is

19 promulgated by rule concurrent with the adoption of the

20 Resource Utilization Group classification-based payment

21 methodology, as provided in Section 5-5.2 of the Illinois

22 Public Aid Code. Registered nurses and licensed practical

23 nurses employed by a facility in excess of these requirements

24 may be used to satisfy the remaining 75% of the nursing and

25 personal care time requirements. Notwithstanding this

26 subsection, no staffing requirement in statute in effect on
   SB3365 Enrolled  - 484 - LRB104 18483 SSS 31925 b

1 June 14, 2012 (the effective date of Public Act 97-689) shall

2 be reduced on account of this subsection.

3  (f) The Department shall propose rules as are necessary to

4 implement the provisions of this Section and consistent with

5 this amendatory Act of the 104th General Assembly within 60

6 days after the effective date of this amendatory Act of the

7 104th General Assembly. submit proposed rules for adoption by

8 January 1, 2020 establishing a system for determining

9 compliance with minimum staffing set forth in this Section and

10 the requirements of 77 Ill. Adm. Code 300.1230 adjusted for

11 any waivers granted under Section 3-303.1. Compliance with

12 minimum staffing as required by this Section shall be

13 determined on a quarterly basis. The Department shall

14 determine compliance by comparing the number of hours provided

15 per resident per day using the Centers for Medicare and

16 Medicaid Services' payroll-based journal and the facility's

17 daily census, broken down by intermediate and skilled care as

18 self-reported by the facility to the Department on a quarterly

19 basis. As used in this subsection, "quarterly basis" means the

20 Centers for Medicare and Medicaid Services' quarterly

21 reporting periods for the federal fiscal year. The Department

22 shall use the quarterly payroll-based journal and the

23 self-reported census to calculate the number of hours provided

24 per resident per day and compare this ratio to the minimum

25 staffing standards required under this Section, as impacted by

26 any waivers granted under Section 3-303.1. Discrepancies
   SB3365 Enrolled  - 485 - LRB104 18483 SSS 31925 b

1 between job titles contained in this Section and the

2 payroll-based journal shall be addressed by rule. The manner

3 in which the Department requests payroll-based journal

4 information to be submitted shall align with the federal

5 Centers for Medicare and Medicaid Services' requirements that

6 allow providers to submit the quarterly data in an aggregate

7 manner.

8  (g) Monetary penalties for non-compliance. The Department

9 shall propose rules that are necessary to implement the

10 provisions of this Section, consistent with the changes made

11 by this amendatory Act of the 104th General Assembly, within

12 60 days after the effective date of this amendatory Act of the

13 104th General Assembly. submit proposed rules for adoption by

14 January 1, 2020 establishing monetary penalties for facilities

15 not in compliance with minimum staffing standards under this

16 Section. Facilities shall be required to comply with the

17 provisions of this subsection beginning January 1, 2025. No

18 monetary penalty may be issued for noncompliance prior to the

19 revised implementation date, which shall be January 1, 2025.

20 If a facility is found to be noncompliant prior to the revised

21 implementation date, the Department shall provide a written

22 notice identifying the staffing deficiencies and require the

23 facility to provide a sufficiently detailed correction plan

24 that describes proposed and completed actions the facility

25 will take or has taken, including hiring actions, to address

26 the facility's failure to meet the statutory minimum staffing
    SB3365 Enrolled  - 486 - LRB104 18483 SSS 31925 b

1 levels. Monetary penalties shall be imposed beginning no later

2 than July 1, 2025, based on data for the quarter beginning July

3 1, 2026 through September 30, 2026 January 1, 2025 through

4 March 31, 2025 and quarterly thereafter. Monetary penalties

5 shall be assessed on a quarterly basis and established based

6 on a formula that calculates on a daily basis the cost of wages

7 and benefits for the missing staffing hours. All notices of

8 noncompliance shall include the computations used to determine

9 noncompliance and establishing the variance between minimum

10 staffing ratios and the Department's computations. The penalty

11 for the first offense shall be 125% of the cost of wages and

12 benefits for the missing staffing hours. The penalty shall

13 increase to 150% of the cost of wages and benefits for the

14 missing staffing hours for the second offense and 200% the

15 cost of wages and benefits for the missing staffing hours for

16 the third and all subsequent offenses. The penalty shall be

17 imposed regardless of whether the facility has committed other

18 violations of this Act during the same period that the

19 staffing offense occurred. The penalty may not be waived,

20 except where there is no more than a 10% deviation from the

21 staffing requirements, in which case the facility shall not

22 receive a violation or penalty. The Department shall:

23  (1) when calculating whether there is no more than a

24  10% deviation from the staffing requirements, determine

25  the deviation based only on days of the quarter where a

26  facility failed to meet the minimum staffing requirements;
    SB3365 Enrolled  - 487 - LRB104 18483 SSS 31925 b

1   and

2        (2) only assess penalties against categories of

3   payroll-based journal job titles that deviate from the

4   staffing requirements by more than 10%. Categories include

5   registered nurses, licensed practical nurses, and other

6   payroll-based journal job titles, as determined by the

7   required staffing levels in subsection (e) of this Section

8   and as listed in subsections (a) and (a-5) of this

9   Section. Penalties shall not be assessed against

10  categories of payroll-based journal job titles that have

11  no more than a 10% deviation from staffing requirements.

12  The Department is granted discretion to waive the

13 violation and penalty when unforeseen circumstances have

14 occurred that resulted in call-offs of scheduled staff. This

15 provision shall be applied no more than 6 times per quarter.

16 Nothing in this Section diminishes a facility's right to

17 appeal the imposition of a monetary penalty. No facility may

18 appeal a notice of noncompliance issued during the revised

19 implementation period. The changes made to this subsection by

20 this amendatory Act of the 104th General Assembly in regard to

21 nursing home staffing fines shall apply to the July 1, 2025

22 fines based on data for the quarter beginning July 1, 2026

23 through September 30, 2026, January 1, 2025 through March 31,

24 2025 and quarterly thereafter.

25 (Source: P.A. 104-9, eff. 6-16-25.)
    SB3365 Enrolled       - 488 - LRB104 18483 SSS 31925 b

1   Section 260-15. The Illinois Public Aid Code is amended by

2 changing Sections 5-5.2 and 12-4.25 as follows:

3   (305 ILCS 5/5-5.2)

4   Sec. 5-5.2. Payment.

5   (a) All nursing facilities that are grouped pursuant to

6 Section 5-5.1 of this Act shall receive the same rate of

7 payment for similar services.

8   (b) It shall be a matter of State policy that the Illinois

9 Department shall utilize a uniform billing cycle throughout

10 the State for the long-term care providers.

11  (c) (Blank).

12  (c-1) Notwithstanding any other provisions of this Code,

13 the methodologies for reimbursement of nursing services as

14 provided under this Article shall no longer be applicable for

15 bills payable for nursing services rendered on or after a new

16 reimbursement system based on the Patient Driven Payment Model

17 (PDPM) has been fully operationalized, which shall take effect

18 for services provided on or after the implementation of the

19 PDPM reimbursement system begins. For the purposes of Public

20 Act 102-1035, the implementation date of the PDPM

21 reimbursement system and all related provisions shall be July

22 1, 2022 if the following conditions are met: (i) the Centers

23 for Medicare and Medicaid Services has approved corresponding

24 changes in the reimbursement system and bed assessment; and

25 (ii) the Department has filed rules to implement these changes
    SB3365 Enrolled      - 489 - LRB104 18483 SSS 31925 b

1 no later than June 1, 2022. Failure of the Department to file

2 rules to implement the changes provided in Public Act 102-1035

3 no later than June 1, 2022 shall result in the implementation

4 date being delayed to October 1, 2022.

5   (d) The new nursing services reimbursement methodology

6 utilizing the Patient Driven Payment Model, which shall be

7 referred to as the PDPM reimbursement system, taking effect

8 July 1, 2022, upon federal approval by the Centers for

9 Medicare and Medicaid Services, shall be based on the

10 following:

11  (1) The methodology shall be resident-centered,

12  facility-specific, cost-based, and based on guidance from

13  the Centers for Medicare and Medicaid Services.

14  (2) Costs shall be annually rebased and case mix index

15  quarterly updated. The nursing services methodology will

16  be assigned to the Medicaid enrolled residents on record

17  as of 30 days prior to the beginning of the rate period in

18  the Department's Medicaid Management Information System

19  (MMIS) as present on the last day of the second quarter

20  preceding the rate period based upon the Assessment

21  Reference Date of the Minimum Data Set (MDS).

22  (3) Regional wage adjustors based on the Health

23  Service Areas (HSA) groupings and adjusters in effect on

24  April 30, 2012 shall be included, except no adjuster shall

25  be lower than 1.06.

26  (4) PDPM nursing case mix indices in effect on March
    SB3365 Enrolled  - 490 - LRB104 18483 SSS 31925 b

1   1, 2022 shall be assigned to each resident class at no less

2   than 0.7858 of the Centers for Medicare and Medicaid

3   Services PDPM unadjusted case mix values, in effect on

4   March 1, 2022.

5   (5) The pool of funds available for distribution by

6   case mix and the base facility rate shall be determined

7   using the formula contained in subsection (d-1).

8   (6) The Department shall establish a variable per diem

9   staffing add-on in accordance with the most recent

10  available federal staffing report, currently the Payroll

11  Based Journal, for the same period of time, and if

12  applicable adjusted for acuity using the same quarter's

13  MDS. The Department shall rely on Payroll Based Journals

14  provided to the Department of Public Health to make a

15  determination of non-submission. If the Department is

16  notified by a facility of missing or inaccurate Payroll

17  Based Journal data or an incorrect calculation of

18  staffing, the Department must make a correction as soon as

19  the error is verified for the applicable quarter.

20  Beginning October 1, 2024, the staffing percentage

21  used in the calculation of the per diem staffing add-on

22  shall be its PDPM STRIVE Staffing Ratio which equals: its

23  Reported Total Nurse Staffing Hours Per Resident Per Day

24  as published in the most recent federal staffing report

25  (the Provider Information File), divided by the facility's

26  PDPM STRIVE Staffing Target. Each facility's PDPM STRIVE
    SB3365 Enrolled  - 491 - LRB104 18483 SSS 31925 b

1   Staffing Target is equal to .82 times the facility's

2   Illinois Adjusted Facility Case-Mix Hours Per Resident Per

3   Day. A facility's Illinois Adjusted Facility Case Mix

4   Hours Per Resident Per Day is equal to its Case-Mix Total

5   Nurse Staffing Hours Per Resident Per Day (as published in

6   the most recent federal Provider Information file) times

7   3.662 (which reflects the national resident days-weighted

8   mean Reported Total Nurse Staffing Hours Per Resident Per

9   Day as calculated using the January 2024 federal Provider

10  Information Files), divided by the national resident

11  days-weighted mean Reported Total Nurse Staffing Hours Per

12  Resident Per Day calculated using the most recent State US

13  Averages file.

14  Beginning January 1, 2025, the staffing percentage

15  used in the calculation of the per diem staffing add-on

16  shall be its PDPM STRIVE Staffing Ratio which equals: its

17  Reported Total Nurse Staffing Hours Per Resident Per Day

18  as published in the most recent federal staffing report

19  (the Provider Information File), divided by the facility's

20  PDPM STRIVE Staffing Target. Each facility's PDPM STRIVE

21  Staffing Target is equal to .7122 times the facility's

22  Illinois Adjusted Facility Case-Mix Hours Per Resident Per

23  Day. A facility's Illinois Adjusted Facility Case Mix

24  Hours Per Resident Per Day is equal to its Case-Mix Total

25  Nurse Staffing Hours Per Resident Per Day (as published in

26  the most recent federal staffing report Provider
    SB3365 Enrolled  - 492 - LRB104 18483 SSS 31925 b

1   Information file) times 3.79 (which is the Reported Total

2   Nurse Staffing Hours Per Resident Per Day for the Nation

3   as reported the January 2024 State US Averages file),

4   divided by the Reported Total Nurse Staffing Hours Per

5   Resident Per Day for the Nation as reported in the most

6   recent State US Averages file.

7   (6.5) Beginning July 1, 2024, the paid per diem

8   staffing add-on shall be the paid per diem staffing add-on

9   in effect April 1, 2024. For dates beginning October 1,

10  2024 and through September 30, 2025, the denominator for

11  the staffing percentage shall be the lesser of the

12  facility's PDPM STRIVE Staffing Target and:

13  (A) For the quarter beginning October 1, 2024, the

14  sum of 20% of the facility's PDPM STRIVE Staffing

15  Target and 80% of the facility's Case-Mix Total Nurse

16  Staffing Hours Per Resident Per Day (as published in

17  the January 2024 federal staffing report).

18  (B) For the quarter beginning January 1, 2025, the

19  sum of 40% of the facility's PDPM STRIVE Staffing

20  Target and 60% of the facility's Case-Mix Total Nurse

21  Staffing Hours Per Resident Per Day (as published in

22  the January 2024 federal staffing report).

23  (C) For the quarter beginning March 1, 2025, the

24  sum of 60% of the facility's PDPM STRIVE Staffing

25  Target and 40% of the facility's Case-Mix Total Nurse

26  Staffing Hours Per Resident Per Day (as published in
    SB3365 Enrolled  - 493 - LRB104 18483 SSS 31925 b

1   the January 2024 federal staffing report).

2   (D) For the quarter beginning July 1, 2025, the

3   sum of 80% of the facility's PDPM STRIVE Staffing

4   Target and 20% of the facility's Case-Mix Total Nurse

5   Staffing Hours Per Resident Per Day (as published in

6   the January 2024 federal staffing report).

7   Facilities with at least 70% of the staffing

8   indicated by the STRIVE study shall be paid a per diem

9   add-on of $9, increasing by equivalent steps for each

10  whole percentage point until the facilities reach a per

11  diem of $16.52. Facilities with at least 80% of the

12  staffing indicated by the STRIVE study shall be paid a per

13  diem add-on of $16.52, increasing by equivalent steps for

14  each whole percentage point until the facilities reach a

15  per diem add-on of $25.77. Facilities with at least 92% of

16  the staffing indicated by the STRIVE study shall be paid a

17  per diem add-on of $25.77, increasing by equivalent steps

18  for each whole percentage point until the facilities reach

19  a per diem add-on of $30.98. Facilities with at least 100%

20  of the staffing indicated by the STRIVE study shall be

21  paid a per diem add-on of $30.98, increasing by equivalent

22  steps for each whole percentage point until the facilities

23  reach a per diem add-on of $36.44. Facilities with at

24  least 110% of the staffing indicated by the STRIVE study

25  shall be paid a per diem add-on of $36.44, increasing by

26  equivalent steps for each whole percentage point until the
    SB3365 Enrolled  - 494 - LRB104 18483 SSS 31925 b

1   facilities reach a per diem add-on of $38.68. Facilities

2   with at least 125% or higher of the staffing indicated by

3   the STRIVE study shall be paid a per diem add-on of $38.68.

4   No nursing facility's variable staffing per diem add-on

5   shall be reduced by more than 5% in 2 consecutive

6   quarters. For the quarters beginning July 1, 2022 and

7   October 1, 2022, no facility's variable per diem staffing

8   add-on shall be calculated at a rate lower than 85% of the

9   staffing indicated by the STRIVE study. No facility below

10  70% of the staffing indicated by the STRIVE study shall

11  receive a variable per diem staffing add-on after December

12  31, 2022.

13  Beginning January 1, 2027, a $2.25 rate increase shall

14  be added to each STRIVE staffing per diem add-on under

15  subparagraph (D) of this paragraph (6.5) for facilities

16  with at least 80% of the staffing indicated by the STRIVE

17  study.

18  (7) For dates of services beginning July 1, 2022, the

19  PDPM nursing component per diem for each nursing facility

20  shall be the product of the facility's (i) statewide PDPM

21  nursing base per diem rate, $92.25, adjusted for the

22  facility average PDPM case mix index calculated quarterly

23  and (ii) the regional wage adjuster, and then add the

24  Medicaid access adjustment as defined in (e-3) of this

25  Section. Transition rates for services provided between

26  July 1, 2022 and October 1, 2023 shall be the greater of
    SB3365 Enrolled     - 495 - LRB104 18483 SSS 31925 b

1   the PDPM nursing component per diem or:

2   (A) for the quarter beginning July 1, 2022, the

3   RUG-IV nursing component per diem;

4   (B) for the quarter beginning October 1, 2022, the

5   sum of the RUG-IV nursing component per diem

6   multiplied by 0.80 and the PDPM nursing component per

7   diem multiplied by 0.20;

8   (C) for the quarter beginning January 1, 2023, the

9   sum of the RUG-IV nursing component per diem

10  multiplied by 0.60 and the PDPM nursing component per

11  diem multiplied by 0.40;

12  (D) for the quarter beginning April 1, 2023, the

13  sum of the RUG-IV nursing component per diem

14  multiplied by 0.40 and the PDPM nursing component per

15  diem multiplied by 0.60;

16  (E) for the quarter beginning July 1, 2023, the

17  sum of the RUG-IV nursing component per diem

18  multiplied by 0.20 and the PDPM nursing component per

19  diem multiplied by 0.80; or

20  (F) for the quarter beginning October 1, 2023 and

21  each subsequent quarter, the transition rate shall end

22  and a nursing facility shall be paid 100% of the PDPM

23  nursing component per diem.

24  (d-1) Calculation of base year Statewide RUG-IV nursing

25 base per diem rate.

26  (1) Base rate spending pool shall be:
    SB3365 Enrolled  - 496 - LRB104 18483 SSS 31925 b

1   (A) The base year resident days which are

2   calculated by multiplying the number of Medicaid

3   residents in each nursing home as indicated in the MDS

4   data defined in paragraph (4) by 365.

5   (B) Each facility's nursing component per diem in

6   effect on July 1, 2012 shall be multiplied by

7   subsection (A).

8   (C) Thirteen million is added to the product of

9   subparagraph (A) and subparagraph (B) to adjust for

10  the exclusion of nursing homes defined in paragraph

11  (5).

12  (2) For each nursing home with Medicaid residents as

13  indicated by the MDS data defined in paragraph (4),

14  weighted days adjusted for case mix and regional wage

15  adjustment shall be calculated. For each home this

16  calculation is the product of:

17  (A) Base year resident days as calculated in

18  subparagraph (A) of paragraph (1).

19  (B) The nursing home's regional wage adjustor

20  based on the Health Service Areas (HSA) groupings and

21  adjustors in effect on April 30, 2012.

22  (C) Facility weighted case mix which is the number

23  of Medicaid residents as indicated by the MDS data

24  defined in paragraph (4) multiplied by the associated

25  case weight for the RUG-IV 48 grouper model using

26  standard RUG-IV procedures for index maximization.
    SB3365 Enrolled  - 497 - LRB104 18483 SSS 31925 b

1   (D) The sum of the products calculated for each

2   nursing home in subparagraphs (A) through (C) above

3   shall be the base year case mix, rate adjusted

4   weighted days.

5   (3) The Statewide RUG-IV nursing base per diem rate:

6   (A) on January 1, 2014 shall be the quotient of the

7   paragraph (1) divided by the sum calculated under

8   subparagraph (D) of paragraph (2);

9   (B) on and after July 1, 2014 and until July 1,

10  2022, shall be the amount calculated under

11  subparagraph (A) of this paragraph (3) plus $1.76; and

12  (C) beginning July 1, 2022 and thereafter, $7

13  shall be added to the amount calculated under

14  subparagraph (B) of this paragraph (3) of this

15  Section.

16  (4) Minimum Data Set (MDS) comprehensive assessments

17  for Medicaid residents on the last day of the quarter used

18  to establish the base rate.

19  (5) Nursing facilities designated as of July 1, 2012

20  by the Department as "Institutions for Mental Disease"

21  shall be excluded from all calculations under this

22  subsection. The data from these facilities shall not be

23  used in the computations described in paragraphs (1)

24  through (4) above to establish the base rate.

25  (e) Beginning July 1, 2014, the Department shall allocate

26 funding in the amount up to $10,000,000 for per diem add-ons to
    SB3365 Enrolled  - 498 - LRB104 18483 SSS 31925 b

1 the RUGS methodology for dates of service on and after July 1,

2 2014:

3        (1) $0.63 for each resident who scores in I4200

4   Alzheimer's Disease or I4800 non-Alzheimer's Dementia.

5        (2) $2.67 for each resident who scores either a "1" or

6   "2" in any items S1200A through S1200I and also scores in

7   RUG groups PA1, PA2, BA1, or BA2.

8   (e-1) (Blank).

9   (e-2) For dates of services beginning January 1, 2014 and

10 ending September 30, 2023, the RUG-IV nursing component per

11 diem for a nursing home shall be the product of the statewide

12 RUG-IV nursing base per diem rate, the facility average case

13 mix index, and the regional wage adjustor. For dates of

14 service beginning July 1, 2022 and ending September 30, 2023,

15 the Medicaid access adjustment described in subsection (e-3)

16 shall be added to the product.

17  (e-3) A Medicaid Access Adjustment of $4 adjusted for the

18 facility average PDPM case mix index calculated quarterly

19 shall be added to the statewide PDPM nursing per diem for all

20 facilities with annual Medicaid bed days of at least 70% of all

21 occupied bed days adjusted quarterly. For each new calendar

22 year and for the 6-month period beginning July 1, 2022, the

23 percentage of a facility's occupied bed days comprised of

24 Medicaid bed days shall be determined by the Department

25 quarterly. For dates of service beginning January 1, 2023, the

26 Medicaid Access Adjustment shall be increased to $4.75. This
    SB3365 Enrolled    - 499 - LRB104 18483 SSS 31925 b

1 subsection shall be inoperative on and after December 31, 2029

2 January 1, 2028.

3   (e-3.5) For dates of service beginning January 1, 2027,

4 the Medicaid Access Adjustment shall be increased by $5.55 to

5 $10.30 per diem for those facilities with at least 70% of the

6 staffing indicated by the STRIVE study as described in

7 subparagraph (D) of paragraph (6.5) of subsection (d). A

8 facility shall be eligible for Medicaid Access Adjustment

9 described in this subsection (e-3.5) only if the facility

10 demonstrates compliance with the training requirements for

11 staff outlined in Section 3-130 of the Nursing Home Care Act.

12 This subsection (e-3.5) shall be inoperative on and after

13 December 31, 2029.

14  (e-3.6) For dates of service beginning January 1, 2027,

15 facilities located outside of Rate Areas 6, 7, and 8 that have

16 Medicaid bed days of at least 65% of all occupied bed days

17 adjusted quarterly shall qualify for the Medicaid Access

18 Adjustment described in subsections (e-3) and (e-3.5).

19 Facilities located inside Rate Areas 6, 7, and 8 shall have

20 their threshold remain at 70% for all qualifying facilities

21 described in subsections (e-3) and (e-3.5). This subsection

22 (e-3.6) shall be inoperative on and after December 31, 2029.

23  (e-4) Subject to federal approval, on and after January 1,

24 2024, the Department shall increase the rate add-on at

25 paragraph (7) subsection (a) under 89 Ill. Adm. Code 147.335

26 for ventilator services from $208 per day to $481 per day.
    SB3365 Enrolled        - 500 - LRB104 18483 SSS 31925 b

1 Payment is subject to the criteria and requirements under 89

2 Ill. Adm. Code 147.335.

3   (f) (Blank).

4   (g) Notwithstanding any other provision of this Code, on

5 and after July 1, 2012, for facilities not designated by the

6 Department of Healthcare and Family Services as "Institutions

7 for Mental Disease", rates effective May 1, 2011 shall be

8 adjusted as follows:

9         (1) (Blank);

10        (2) (Blank);

11        (3) Facility rates for the capital and support

12  components shall be reduced by 1.7%.

13  (h) Notwithstanding any other provision of this Code, on

14 and after July 1, 2012, nursing facilities designated by the

15 Department of Healthcare and Family Services as "Institutions

16 for Mental Disease" and "Institutions for Mental Disease" that

17 are facilities licensed under the Specialized Mental Health

18 Rehabilitation Act of 2013 shall have the nursing,

19 socio-developmental, capital, and support components of their

20 reimbursement rate effective May 1, 2011 reduced in total by

21 2.7%.

22  (i) On and after July 1, 2014, the reimbursement rates for

23 the support component of the nursing facility rate for

24 facilities licensed under the Nursing Home Care Act as skilled

25 or intermediate care facilities shall be the rate in effect on

26 June 30, 2014 increased by 8.17%.
   SB3365 Enrolled         - 501 - LRB104 18483 SSS 31925 b

1  (i-1) Subject to federal approval, on and after January 1,

2 2024, the reimbursement rates for the support component of the

3 nursing facility rate for facilities licensed under the

4 Nursing Home Care Act as skilled or intermediate care

5 facilities shall be the rate in effect on June 30, 2023

6 increased by 12%.

7  (j) Notwithstanding any other provision of law, subject to

8 federal approval, effective July 1, 2019, sufficient funds

9 shall be allocated for changes to rates for facilities

10 licensed under the Nursing Home Care Act as skilled nursing

11 facilities or intermediate care facilities for dates of

12 services on and after July 1, 2019: (i) to establish, through

13 June 30, 2022 a per diem add-on to the direct care per diem

14 rate not to exceed $70,000,000 annually in the aggregate

15 taking into account federal matching funds for the purpose of

16 addressing the facility's unique staffing needs, adjusted

17 quarterly and distributed by a weighted formula based on

18 Medicaid bed days on the last day of the second quarter

19 preceding the quarter for which the rate is being adjusted.

20 Beginning July 1, 2022, the annual $70,000,000 described in

21 the preceding sentence shall be dedicated to the variable per

22 diem add-on for staffing under paragraph (6) of subsection

23 (d); and (ii) in an amount not to exceed $170,000,000 annually

24 in the aggregate taking into account federal matching funds to

25 permit the support component of the nursing facility rate to

26 be updated as follows:
    SB3365 Enrolled  - 502 - LRB104 18483 SSS 31925 b

1   (1) 80%, or $136,000,000, of the funds shall be used

2   to update each facility's rate in effect on June 30, 2019

3   using the most recent cost reports on file, which have had

4   a limited review conducted by the Department of Healthcare

5   and Family Services and will not hold up enacting the rate

6   increase, with the Department of Healthcare and Family

7   Services.

8   (2) After completing the calculation in paragraph (1),

9   any facility whose rate is less than the rate in effect on

10  June 30, 2019 shall have its rate restored to the rate in

11  effect on June 30, 2019 from the 20% of the funds set

12  aside.

13  (3) The remainder of the 20%, or $34,000,000, shall be

14  used to increase each facility's rate by an equal

15  percentage.

16  (k) During the first quarter of State Fiscal Year 2020,

17 the Department of Healthcare of Family Services must convene a

18 technical advisory group consisting of members of all trade

19 associations representing Illinois skilled nursing providers

20 to discuss changes necessary with federal implementation of

21 Medicare's Patient-Driven Payment Model. Implementation of

22 Medicare's Patient-Driven Payment Model shall, by September 1,

23 2020, end the collection of the MDS data that is necessary to

24 maintain the current RUG-IV Medicaid payment methodology. The

25 technical advisory group must consider a revised reimbursement

26 methodology that takes into account transparency,
    SB3365 Enrolled       - 503 - LRB104 18483 SSS 31925 b

1 accountability, actual staffing as reported under the

2 federally required Payroll Based Journal system, changes to

3 the minimum wage, adequacy in coverage of the cost of care, and

4 a quality component that rewards quality improvements.

5   (l) The Department shall establish per diem add-on

6 payments to improve the quality of care delivered by

7 facilities, including:

8   (1) Incentive payments determined by facility

9   performance on specified quality measures in an initial

10  amount of $70,000,000. Nothing in this subsection shall be

11  construed to limit the quality of care payments in the

12  aggregate statewide to $70,000,000, and, if quality of

13  care has improved across nursing facilities, the

14  Department shall adjust those add-on payments accordingly.

15  The quality payment methodology described in this

16  subsection must be used for at least State Fiscal Year

17  2023. Beginning with the quarter starting July 1, 2023,

18  the Department may add, remove, or change quality metrics

19  and make associated changes to the quality payment

20  methodology as outlined in subparagraph (E). Facilities

21  designated by the Centers for Medicare and Medicaid

22  Services as a special focus facility or a hospital-based

23  nursing home do not qualify for quality payments.

24  (A) Each quality pool must be distributed by

25  assigning a quality weighted score for each nursing

26  home which is calculated by multiplying the nursing
    SB3365 Enrolled  - 504 - LRB104 18483 SSS 31925 b

1   home's quality base period Medicaid days by the

2   nursing home's star rating weight in that period.

3   (B) Star rating weights are assigned based on the

4   nursing home's star rating for the LTS quality star

5   rating. As used in this subparagraph, "LTS quality

6   star rating" means the long-term stay quality rating

7   for each nursing facility, as assigned by the Centers

8   for Medicare and Medicaid Services under the Five-Star

9   Quality Rating System. The rating is a number ranging

10  from 0 (lowest) to 5 (highest).

11                   (i) Zero-star or one-star rating has a weight

12  of 0.

13                   (ii) Two-star rating has a weight of 0.75.

14                   (iii) Three-star rating has a weight of 1.5.

15                   (iv) Four-star rating has a weight of 2.5.

16                   (v) Five-star rating has a weight of 3.5.

17  (C) Each nursing home's quality weight score is

18  divided by the sum of all quality weight scores for

19  qualifying nursing homes to determine the proportion

20  of the quality pool to be paid to the nursing home.

21  (D) The quality pool is no less than $70,000,000

22  annually or $17,500,000 per quarter. The Department

23  shall publish on its website the estimated payments

24  and the associated weights for each facility 45 days

25  prior to when the initial payments for the quarter are

26  to be paid. The Department shall assign each facility
    SB3365 Enrolled  - 505 - LRB104 18483 SSS 31925 b

1   the most recent and applicable quarter's STAR value

2   unless the facility notifies the Department within 15

3   days of an issue and the facility provides reasonable

4   evidence demonstrating its timely compliance with

5   federal data submission requirements for the quarter

6   of record. If such evidence cannot be provided to the

7   Department, the STAR rating assigned to the facility

8   shall be reduced by one from the prior quarter.

9   (E) The Department shall review quality metrics

10  used for payment of the quality pool and make

11  recommendations for any associated changes to the

12  methodology for distributing quality pool payments in

13  consultation with associations representing long-term

14  care providers, consumer advocates, organizations

15  representing workers of long-term care facilities, and

16  payors. The Department may establish, by rule, changes

17  to the methodology for distributing quality pool

18  payments.

19  (F) The Department shall disburse quality pool

20  payments from the Long-Term Care Provider Fund on a

21  monthly basis in amounts proportional to the total

22  quality pool payment determined for the quarter.

23  (G) The Department shall publish any changes in

24  the methodology for distributing quality pool payments

25  prior to the beginning of the measurement period or

26  quality base period for any metric added to the
    SB3365 Enrolled  - 506 - LRB104 18483 SSS 31925 b

1   distribution's methodology.

2   (2) Payments based on CNA tenure, promotion, and CNA

3   training for the purpose of increasing CNA compensation.

4   It is the intent of this subsection that payments made in

5   accordance with this paragraph be directly incorporated

6   into increased compensation for CNAs. As used in this

7   paragraph, "CNA" means a certified nursing assistant as

8   that term is described in Section 3-206 of the Nursing

9   Home Care Act, Section 3-206 of the ID/DD Community Care

10  Act, and Section 3-206 of the MC/DD Act. The Department

11  shall establish, by rule, payments to nursing facilities

12  equal to Medicaid's share of the tenure wage increments

13  specified in this paragraph for all reported CNA employee

14  hours compensated according to a posted schedule

15  consisting of increments at least as large as those

16  specified in this paragraph. The increments are as

17  follows: an additional $1.50 per hour for CNAs with at

18  least one and less than 2 years' experience plus another

19  $1 per hour for each additional year of experience up to a

20  maximum of $6.50 for CNAs with at least 6 years of

21  experience. For purposes of this paragraph, Medicaid's

22  share shall be the ratio determined by paid Medicaid bed

23  days divided by total bed days for the applicable time

24  period used in the calculation. In addition, and additive

25  to any tenure increments paid as specified in this

26  paragraph, the Department shall establish, by rule,
    SB3365 Enrolled  - 507 - LRB104 18483 SSS 31925 b

1   payments supporting Medicaid's share of the

2   promotion-based wage increments for CNA employee hours

3   compensated for that promotion with at least a $1.50

4   hourly increase. Medicaid's share shall be established as

5   it is for the tenure increments described in this

6   paragraph. Qualifying promotions shall be defined by the

7   Department in rules for an expected 10-15% subset of CNAs

8   assigned intermediate, specialized, or added roles such as

9   CNA trainers, CNA scheduling "captains", and CNA

10  specialists for resident conditions like dementia or

11  memory care or behavioral health.

12  (m) The Department shall work with nursing facility

13 industry representatives to design policies and procedures to

14 permit facilities to address the integrity of data from

15 federal reporting sites used by the Department in setting

16 facility rates.

17 (Source: P.A. 102-77, eff. 7-9-21; 102-558, eff. 8-20-21;

18 102-1035, eff. 5-31-22; 102-1118, eff. 1-18-23; 103-102,

19 Article 40, Section 40-5, eff. 1-1-24; 103-102, Article 50,

20 Section 50-5, eff. 1-1-24; 103-593, eff. 6-7-24; 103-605, eff.

21 7-1-24; 103-1075, eff. 3-21-25.)

22  (305 ILCS 5/12-4.25) (from Ch. 23, par. 12-4.25)

23  Sec. 12-4.25. Medical assistance program; vendor

24 participation.

25  (A) The Illinois Department may deny, suspend, or
    SB3365 Enrolled      - 508 - LRB104 18483 SSS 31925 b

1 terminate the eligibility of any person, firm, corporation,

2 association, agency, institution or other legal entity to

3 participate as a vendor of goods or services to recipients

4 under the medical assistance program under Article V, or may

5 exclude any such person or entity from participation as such a

6 vendor, and may deny, suspend, or recover payments, if after

7 reasonable notice and opportunity for a hearing the Illinois

8 Department finds:

9   (a) Such vendor is not complying with the Department's

10  policy or rules and regulations, or with the terms and

11  conditions prescribed by the Illinois Department in its

12  vendor agreement, which document shall be developed by the

13  Department as a result of negotiations with each vendor

14  category, including physicians, hospitals, long term care

15  facilities, pharmacists, optometrists, podiatric

16  physicians, and dentists setting forth the terms and

17  conditions applicable to the participation of each vendor

18  group in the program; or

19  (b) Such vendor has failed to keep or make available

20  for inspection, audit or copying, after receiving a

21  written request from the Illinois Department, such records

22  regarding payments claimed for providing services. This

23  section does not require vendors to make available patient

24  records of patients for whom services are not reimbursed

25  under this Code; or

26  (c) Such vendor has failed to furnish any information
    SB3365 Enrolled         - 509 - LRB104 18483 SSS 31925 b

1   requested by the Department regarding payments for

2   providing goods or services; or

3   (d) Such vendor has knowingly made, or caused to be

4   made, any false statement or representation of a material

5   fact in connection with the administration of the medical

6   assistance program; or

7   (e) Such vendor has furnished goods or services to a

8   recipient which are (1) in excess of need, (2) harmful, or

9   (3) of grossly inferior quality, all of such

10  determinations to be based upon competent medical judgment

11  and evaluations; or

12  (f) The vendor; a person with management

13  responsibility for a vendor; an officer or person owning,

14  either directly or indirectly, 5% or more of the shares of

15  stock or other evidences of ownership in a corporate

16  vendor; an owner of a sole proprietorship which is a

17  vendor; or a partner in a partnership which is a vendor,

18  either:

19           (1) was previously terminated, suspended, or

20  excluded from participation in the Illinois medical

21  assistance program, or was terminated, suspended, or

22  excluded from participation in another state or

23  federal medical assistance or health care program; or

24           (2) was a person with management responsibility

25  for a vendor previously terminated, suspended, or

26  excluded from participation in the Illinois medical
    SB3365 Enrolled          - 510 - LRB104 18483 SSS 31925 b

1   assistance program, or terminated, suspended, or

2   excluded from participation in another state or

3   federal medical assistance or health care program

4   during the time of conduct which was the basis for that

5   vendor's termination, suspension, or exclusion; or

6   (3) was an officer, or person owning, either

7   directly or indirectly, 5% or more of the shares of

8   stock or other evidences of ownership in a corporate

9   or limited liability company vendor previously

10  terminated, suspended, or excluded from participation

11  in the Illinois medical assistance program, or

12  terminated, suspended, or excluded from participation

13  in a state or federal medical assistance or health

14  care program during the time of conduct which was the

15  basis for that vendor's termination, suspension, or

16  exclusion; or

17  (4) was an owner of a sole proprietorship or

18  partner of a partnership previously terminated,

19  suspended, or excluded from participation in the

20  Illinois medical assistance program, or terminated,

21  suspended, or excluded from participation in a state

22  or federal medical assistance or health care program

23  during the time of conduct which was the basis for that

24  vendor's termination, suspension, or exclusion; or

25  (f-1) Such vendor has a delinquent debt owed to the

26  Illinois Department; or
    SB3365 Enrolled  - 511 - LRB104 18483 SSS 31925 b

1   (g) The vendor; a person with management

2   responsibility for a vendor; an officer or person owning,

3   either directly or indirectly, 5% or more of the shares of

4   stock or other evidences of ownership in a corporate or

5   limited liability company vendor; an owner of a sole

6   proprietorship which is a vendor; or a partner in a

7   partnership which is a vendor, either:

8   (1) has engaged in practices prohibited by

9   applicable federal or State law or regulation; or

10  (2) was a person with management responsibility

11  for a vendor at the time that such vendor engaged in

12  practices prohibited by applicable federal or State

13  law or regulation; or

14  (3) was an officer, or person owning, either

15  directly or indirectly, 5% or more of the shares of

16  stock or other evidences of ownership in a vendor at

17  the time such vendor engaged in practices prohibited

18  by applicable federal or State law or regulation; or

19  (4) was an owner of a sole proprietorship or

20  partner of a partnership which was a vendor at the time

21  such vendor engaged in practices prohibited by

22  applicable federal or State law or regulation; or

23  (h) The direct or indirect ownership of the vendor

24  (including the ownership of a vendor that is a sole

25  proprietorship, a partner's interest in a vendor that is a

26  partnership, or ownership of 5% or more of the shares of
    SB3365 Enrolled  - 512 - LRB104 18483 SSS 31925 b

1   stock or other evidences of ownership in a corporate

2   vendor) has been transferred by an individual who is

3   terminated, suspended, or excluded or barred from

4   participating as a vendor to the individual's spouse,

5   child, brother, sister, parent, grandparent, grandchild,

6   uncle, aunt, niece, nephew, cousin, or relative by

7   marriage.

8   (A-5) The Illinois Department may deny, suspend, or

9 terminate the eligibility of any person, firm, corporation,

10 association, agency, institution, or other legal entity to

11 participate as a vendor of goods or services to recipients

12 under the medical assistance program under Article V, or may

13 exclude any such person or entity from participation as such a

14 vendor, if, after reasonable notice and opportunity for a

15 hearing, the Illinois Department finds that the vendor; a

16 person with management responsibility for a vendor; an officer

17 or person owning, either directly or indirectly, 5% or more of

18 the shares of stock or other evidences of ownership in a

19 corporate vendor; an owner of a sole proprietorship that is a

20 vendor; or a partner in a partnership that is a vendor has been

21 convicted of an offense based on fraud or willful

22 misrepresentation related to any of the following:

23  (1) The medical assistance program under Article V of

24  this Code.

25  (2) A medical assistance or health care program in

26  another state.
    SB3365 Enrolled         - 513 - LRB104 18483 SSS 31925 b

1   (3) The Medicare program under Title XVIII of the

2   Social Security Act.

3   (4) The provision of health care services.

4   (5) A violation of this Code, as provided in Article

5   VIIIA, or another state or federal medical assistance

6   program or health care program.

7   (A-10) The Illinois Department may deny, suspend, or

8 terminate the eligibility of any person, firm, corporation,

9 association, agency, institution, or other legal entity to

10 participate as a vendor of goods or services to recipients

11 under the medical assistance program under Article V, or may

12 exclude any such person or entity from participation as such a

13 vendor, if, after reasonable notice and opportunity for a

14 hearing, the Illinois Department finds that (i) the vendor,

15 (ii) a person with management responsibility for a vendor,

16 (iii) an officer or person owning, either directly or

17 indirectly, 5% or more of the shares of stock or other

18 evidences of ownership in a corporate vendor, (iv) an owner of

19 a sole proprietorship that is a vendor, or (v) a partner in a

20 partnership that is a vendor has been convicted of an offense

21 related to any of the following:

22  (1) Murder.

23  (2) A Class X felony under the Criminal Code of 1961 or

24  the Criminal Code of 2012.

25  (3) Sexual misconduct that may subject recipients to

26  an undue risk of harm.
    SB3365 Enrolled         - 514 - LRB104 18483 SSS 31925 b

1   (4) A criminal offense that may subject recipients to

2   an undue risk of harm.

3   (5) A crime of fraud or dishonesty.

4   (6) A crime involving a controlled substance.

5   (7) A misdemeanor relating to fraud, theft,

6   embezzlement, breach of fiduciary responsibility, or other

7   financial misconduct related to a health care program.

8   (A-15) The Illinois Department may deny the eligibility of

9 any person, firm, corporation, association, agency,

10 institution, or other legal entity to participate as a vendor

11 of goods or services to recipients under the medical

12 assistance program under Article V if, after reasonable notice

13 and opportunity for a hearing, the Illinois Department finds:

14  (1) The applicant or any person with management

15  responsibility for the applicant; an officer or member of

16  the board of directors of an applicant; an entity owning

17  (directly or indirectly) 5% or more of the shares of stock

18  or other evidences of ownership in a corporate vendor

19  applicant; an owner of a sole proprietorship applicant; a

20  partner in a partnership applicant; or a technical or

21  other advisor to an applicant has a debt owed to the

22  Illinois Department, and no payment arrangements

23  acceptable to the Illinois Department have been made by

24  the applicant.

25  (2) The applicant or any person with management

26  responsibility for the applicant; an officer or member of
    SB3365 Enrolled  - 515 - LRB104 18483 SSS 31925 b

1   the board of directors of an applicant; an entity owning

2   (directly or indirectly) 5% or more of the shares of stock

3   or other evidences of ownership in a corporate vendor

4   applicant; an owner of a sole proprietorship applicant; a

5   partner in a partnership vendor applicant; or a technical

6   or other advisor to an applicant was (i) a person with

7   management responsibility, (ii) an officer or member of

8   the board of directors of an applicant, (iii) an entity

9   owning (directly or indirectly) 5% or more of the shares

10  of stock or other evidences of ownership in a corporate

11  vendor, (iv) an owner of a sole proprietorship, (v) a

12  partner in a partnership vendor, (vi) a technical or other

13  advisor to a vendor, during a period of time where the

14  conduct of that vendor resulted in a debt owed to the

15  Illinois Department, and no payment arrangements

16  acceptable to the Illinois Department have been made by

17  that vendor.

18  (3) There is a credible allegation of the use,

19  transfer, or lease of assets of any kind to an applicant

20  from a current or prior vendor who has a debt owed to the

21  Illinois Department, no payment arrangements acceptable to

22  the Illinois Department have been made by that vendor or

23  the vendor's alternate payee, and the applicant knows or

24  should have known of such debt.

25  (4) There is a credible allegation of a transfer of

26  management responsibilities, or direct or indirect
    SB3365 Enrolled  - 516 - LRB104 18483 SSS 31925 b

1   ownership, to an applicant from a current or prior vendor

2   who has a debt owed to the Illinois Department, and no

3   payment arrangements acceptable to the Illinois Department

4   have been made by that vendor or the vendor's alternate

5   payee, and the applicant knows or should have known of

6   such debt.

7   (5) There is a credible allegation of the use,

8   transfer, or lease of assets of any kind to an applicant

9   who is a spouse, child, brother, sister, parent,

10  grandparent, grandchild, uncle, aunt, niece, relative by

11  marriage, nephew, cousin, or relative of a current or

12  prior vendor who has a debt owed to the Illinois

13  Department and no payment arrangements acceptable to the

14  Illinois Department have been made.

15  (6) There is a credible allegation that the

16  applicant's previous affiliations with a provider of

17  medical services that has an uncollected debt, a provider

18  that has been or is subject to a payment suspension under a

19  federal health care program, or a provider that has been

20  previously excluded from participation in the medical

21  assistance program, poses a risk of fraud, waste, or abuse

22  to the Illinois Department.

23  As used in this subsection, "credible allegation" is

24 defined to include an allegation from any source, including,

25 but not limited to, fraud hotline complaints, claims data

26 mining, patterns identified through provider audits, civil
    SB3365 Enrolled  - 517 - LRB104 18483 SSS 31925 b

1 actions filed under the Illinois False Claims Act, and law

2 enforcement investigations. An allegation is considered to be

3 credible when it has indicia of reliability.

4   (B) The Illinois Department shall deny, suspend or

5 terminate the eligibility of any person, firm, corporation,

6 association, agency, institution or other legal entity to

7 participate as a vendor of goods or services to recipients

8 under the medical assistance program under Article V, or may

9 exclude any such person or entity from participation as such a

10 vendor:

11          (1) immediately, if such vendor is not properly

12  licensed, certified, or authorized;

13          (2) within 30 days of the date when such vendor's

14  professional license, certification or other authorization

15  has been refused renewal, restricted, revoked, suspended,

16  or otherwise terminated; or

17          (3) if such vendor has been convicted of a violation

18  of this Code, as provided in Article VIIIA.

19  (C) Upon termination, suspension, or exclusion of a vendor

20 of goods or services from participation in the medical

21 assistance program authorized by this Article, a person with

22 management responsibility for such vendor during the time of

23 any conduct which served as the basis for that vendor's

24 termination, suspension, or exclusion is barred from

25 participation in the medical assistance program.

26  Upon termination, suspension, or exclusion of a corporate
    SB3365 Enrolled  - 518 - LRB104 18483 SSS 31925 b

1 vendor, the officers and persons owning, directly or

2 indirectly, 5% or more of the shares of stock or other

3 evidences of ownership in the vendor during the time of any

4 conduct which served as the basis for that vendor's

5 termination, suspension, or exclusion are barred from

6 participation in the medical assistance program. A person who

7 owns, directly or indirectly, 5% or more of the shares of stock

8 or other evidences of ownership in a terminated, suspended, or

9 excluded vendor may not transfer his or her ownership interest

10 in that vendor to his or her spouse, child, brother, sister,

11 parent, grandparent, grandchild, uncle, aunt, niece, nephew,

12 cousin, or relative by marriage.

13  Upon termination, suspension, or exclusion of a sole

14 proprietorship or partnership, the owner or partners during

15 the time of any conduct which served as the basis for that

16 vendor's termination, suspension, or exclusion are barred from

17 participation in the medical assistance program. The owner of

18 a terminated, suspended, or excluded vendor that is a sole

19 proprietorship, and a partner in a terminated, suspended, or

20 excluded vendor that is a partnership, may not transfer his or

21 her ownership or partnership interest in that vendor to his or

22 her spouse, child, brother, sister, parent, grandparent,

23 grandchild, uncle, aunt, niece, nephew, cousin, or relative by

24 marriage.

25  A person who owns, directly or indirectly, 5% or more of

26 the shares of stock or other evidences of ownership in a
    SB3365 Enrolled  - 519 - LRB104 18483 SSS 31925 b

1 corporate or limited liability company vendor who owes a debt

2 to the Department, if that vendor has not made payment

3 arrangements acceptable to the Department, shall not transfer

4 his or her ownership interest in that vendor, or vendor assets

5 of any kind, to his or her spouse, child, brother, sister,

6 parent, grandparent, grandchild, uncle, aunt, niece, nephew,

7 cousin, or relative by marriage.

8   Rules adopted by the Illinois Department to implement

9 these provisions shall specifically include a definition of

10 the term "management responsibility" as used in this Section.

11 Such definition shall include, but not be limited to, typical

12 job titles, and duties and descriptions which will be

13 considered as within the definition of individuals with

14 management responsibility for a provider.

15  A vendor or a prior vendor who has been terminated,

16 excluded, or suspended from the medical assistance program, or

17 from another state or federal medical assistance or health

18 care program, and any individual currently or previously

19 barred from the medical assistance program, or from another

20 state or federal medical assistance or health care program, as

21 a result of being an officer or a person owning, directly or

22 indirectly, 5% or more of the shares of stock or other

23 evidences of ownership in a corporate or limited liability

24 company vendor during the time of any conduct which served as

25 the basis for that vendor's termination, suspension, or

26 exclusion, may be required to post a surety bond as part of a
    SB3365 Enrolled  - 520 - LRB104 18483 SSS 31925 b

1 condition of enrollment or participation in the medical

2 assistance program. The Illinois Department shall establish,

3 by rule, the criteria and requirements for determining when a

4 surety bond must be posted and the value of the bond.

5   A vendor or a prior vendor who has a debt owed to the

6 Illinois Department and any individual currently or previously

7 barred from the medical assistance program, or from another

8 state or federal medical assistance or health care program, as

9 a result of being an officer or a person owning, directly or

10 indirectly, 5% or more of the shares of stock or other

11 evidences of ownership in that corporate or limited liability

12 company vendor during the time of any conduct which served as

13 the basis for the debt, may be required to post a surety bond

14 as part of a condition of enrollment or participation in the

15 medical assistance program. The Illinois Department shall

16 establish, by rule, the criteria and requirements for

17 determining when a surety bond must be posted and the value of

18 the bond.

19  (D) If a vendor has been suspended from the medical

20 assistance program under Article V of the Code, the Director

21 may require that such vendor correct any deficiencies which

22 served as the basis for the suspension. The Director shall

23 specify in the suspension order a specific period of time,

24 which shall not exceed one year from the date of the order,

25 during which a suspended vendor shall not be eligible to

26 participate. At the conclusion of the period of suspension the
    SB3365 Enrolled      - 521 - LRB104 18483 SSS 31925 b

1 Director shall reinstate such vendor, unless he finds that

2 such vendor has not corrected deficiencies upon which the

3 suspension was based.

4   If a vendor has been terminated, suspended, or excluded

5 from the medical assistance program under Article V, such

6 vendor shall be barred from participation for at least one

7 year, except that if a vendor has been terminated, suspended,

8 or excluded based on a conviction of a violation of Article

9 VIIIA or a conviction of a felony based on fraud or a willful

10 misrepresentation related to (i) the medical assistance

11 program under Article V, (ii) a federal or another state's

12 medical assistance or health care program, or (iii) the

13 provision of health care services, then the vendor shall be

14 barred from participation for 5 years or for the length of the

15 vendor's sentence for that conviction, whichever is longer. At

16 the end of one year a vendor who has been terminated,

17 suspended, or excluded may apply for reinstatement to the

18 program. Upon proper application to be reinstated such vendor

19 may be deemed eligible by the Director providing that such

20 vendor meets the requirements for eligibility under this Code.

21 If such vendor is deemed not eligible for reinstatement, he

22 shall be barred from again applying for reinstatement for one

23 year from the date his application for reinstatement is

24 denied.

25  A vendor whose termination, suspension, or exclusion from

26 participation in the Illinois medical assistance program under
    SB3365 Enrolled  - 522 - LRB104 18483 SSS 31925 b

1 Article V was based solely on an action by a governmental

2 entity other than the Illinois Department may, upon

3 reinstatement by that governmental entity or upon reversal of

4 the termination, suspension, or exclusion, apply for

5 rescission of the termination, suspension, or exclusion from

6 participation in the Illinois medical assistance program. Upon

7 proper application for rescission, the vendor may be deemed

8 eligible by the Director if the vendor meets the requirements

9 for eligibility under this Code.

10  If a vendor has been terminated, suspended, or excluded

11 and reinstated to the medical assistance program under Article

12 V and the vendor is terminated, suspended, or excluded a

13 second or subsequent time from the medical assistance program,

14 the vendor shall be barred from participation for at least 2

15 years, except that if a vendor has been terminated, suspended,

16 or excluded a second time based on a conviction of a violation

17 of Article VIIIA or a conviction of a felony based on fraud or

18 a willful misrepresentation related to (i) the medical

19 assistance program under Article V, (ii) a federal or another

20 state's medical assistance or health care program, or (iii)

21 the provision of health care services, then the vendor shall

22 be barred from participation for life. At the end of 2 years, a

23 vendor who has been terminated, suspended, or excluded may

24 apply for reinstatement to the program. Upon application to be

25 reinstated, the vendor may be deemed eligible if the vendor

26 meets the requirements for eligibility under this Code. If the
    SB3365 Enrolled        - 523 - LRB104 18483 SSS 31925 b

1 vendor is deemed not eligible for reinstatement, the vendor

2 shall be barred from again applying for reinstatement for 2

3 years from the date the vendor's application for reinstatement

4 is denied.

5   (E) The Illinois Department may recover money improperly

6 or erroneously paid, or overpayments, either by setoff,

7 crediting against future billings or by requiring direct

8 repayment to the Illinois Department. The Illinois Department

9 may suspend or deny payment, in whole or in part, if such

10 payment would be improper or erroneous or would otherwise

11 result in overpayment.

12  (1) Payments may be suspended, denied, or recovered

13  from a vendor or alternate payee: (i) for services

14  rendered in violation of the Illinois Department's

15  provider notices, statutes, rules, and regulations; (ii)

16  for services rendered in violation of the terms and

17  conditions prescribed by the Illinois Department in its

18  vendor agreement; (iii) for any vendor who fails to grant

19  the Office of Inspector General timely access to full and

20  complete records, including, but not limited to, records

21  relating to recipients under the medical assistance

22  program for the most recent 6 years, in accordance with

23  Section 140.28 of Title 89 of the Illinois Administrative

24  Code, and other information for the purpose of audits,

25  investigations, or other program integrity functions,

26  after reasonable written request by the Inspector General;
    SB3365 Enrolled  - 524 - LRB104 18483 SSS 31925 b

1   this subsection (E) does not require vendors to make

2   available the medical records of patients for whom

3   services are not reimbursed under this Code or to provide

4   access to medical records more than 6 years old; (iv) when

5   the vendor has knowingly made, or caused to be made, any

6   false statement or representation of a material fact in

7   connection with the administration of the medical

8   assistance program; or (v) when the vendor previously

9   rendered services while terminated, suspended, or excluded

10  from participation in the medical assistance program or

11  while terminated or excluded from participation in another

12  state or federal medical assistance or health care

13  program.

14  (2) Notwithstanding any other provision of law, if a

15  vendor has the same taxpayer identification number

16  (assigned under Section 6109 of the Internal Revenue Code

17  of 1986) as is assigned to a vendor with past-due

18  financial obligations to the Illinois Department, the

19  Illinois Department may make any necessary adjustments to

20  payments to that vendor in order to satisfy any past-due

21  obligations, regardless of whether the vendor is assigned

22  a different billing number under the medical assistance

23  program.

24  (E-5) Civil monetary penalties.

25  (1) As used in this subsection (E-5):

26  (a) "Knowingly" means that a person, with respect
    SB3365 Enrolled  - 525 - LRB104 18483 SSS 31925 b

1   to information: (i) has actual knowledge of the

2   information; (ii) acts in deliberate ignorance of the

3   truth or falsity of the information; or (iii) acts in

4   reckless disregard of the truth or falsity of the

5   information. No proof of specific intent to defraud is

6   required.

7   (b) "Overpayment" means any funds that a person

8   receives or retains from the medical assistance

9   program to which the person, after applicable

10  reconciliation, is not entitled under this Code.

11  (c) "Remuneration" means the offer or transfer of

12  items or services for free or for other than fair

13  market value by a person; however, remuneration does

14  not include items or services of a nominal value of no

15  more than $10 per item or service, or $50 in the

16  aggregate on an annual basis, or any other offer or

17  transfer of items or services as determined by the

18  Department.

19  (d) "Should know" means that a person, with

20  respect to information: (i) acts in deliberate

21  ignorance of the truth or falsity of the information;

22  or (ii) acts in reckless disregard of the truth or

23  falsity of the information. No proof of specific

24  intent to defraud is required.

25  (2) Any person (including a vendor, provider,

26  organization, agency, or other entity, or an alternate
    SB3365 Enrolled  - 526 - LRB104 18483 SSS 31925 b

1   payee thereof, but excluding a recipient) who:

2   (a) knowingly presents or causes to be presented

3   to an officer, employee, or agent of the State, a claim

4   that the Department determines:

5                    (i) is for a medical or other item or service

6   that the person knows or should know was not

7   provided as claimed, including any person who

8   engages in a pattern or practice of presenting or

9   causing to be presented a claim for an item or

10  service that is based on a code that the person

11  knows or should know will result in a greater

12  payment to the person than the code the person

13  knows or should know is applicable to the item or

14  service actually provided;

15                   (ii) is for a medical or other item or service

16  and the person knows or should know that the claim

17  is false or fraudulent;

18                   (iii) is presented for a vendor physician's

19  service, or an item or service incident to a

20  vendor physician's service, by a person who knows

21  or should know that the individual who furnished,

22  or supervised the furnishing of, the service:

23                   (AA) was not licensed as a physician;

24                   (BB) was licensed as a physician but such

25                   license had been obtained through a

26                   misrepresentation of material fact (including
    SB3365 Enrolled  - 527 - LRB104 18483 SSS 31925 b

1                    cheating on an examination required for

2                    licensing); or

3                    (CC) represented to the patient at the

4                    time the service was furnished that the

5                    physician was certified in a medical specialty

6                    by a medical specialty board, when the

7                    individual was not so certified;

8                    (iv) is for a medical or other item or service

9   furnished during a period in which the person was

10  excluded from the medical assistance program or a

11  federal or state health care program under which

12  the claim was made pursuant to applicable law; or

13                   (v) is for a pattern of medical or other items

14  or services that a person knows or should know are

15  not medically necessary;

16  (b) knowingly presents or causes to be presented

17  to any person a request for payment which is in

18  violation of the conditions for receipt of vendor

19  payments under the medical assistance program under

20  Section 11-13 of this Code;

21  (c) knowingly gives or causes to be given to any

22  person, with respect to medical assistance program

23  coverage of inpatient hospital services, information

24  that he or she knows or should know is false or

25  misleading, and that could reasonably be expected to

26  influence the decision when to discharge such person
    SB3365 Enrolled  - 528 - LRB104 18483 SSS 31925 b

1   or other individual from the hospital;

2   (d) in the case of a person who is not an

3   organization, agency, or other entity, is excluded

4   from participating in the medical assistance program

5   or a federal or state health care program and who, at

6   the time of a violation of this subsection (E-5):

7                    (i) retains a direct or indirect ownership or

8   control interest in an entity that is

9   participating in the medical assistance program or

10  a federal or state health care program, and who

11  knows or should know of the action constituting

12  the basis for the exclusion; or

13                   (ii) is an officer or managing employee of

14  such an entity;

15  (e) offers or transfers remuneration to any

16  individual eligible for benefits under the medical

17  assistance program that such person knows or should

18  know is likely to influence such individual to order

19  or receive from a particular vendor, provider,

20  practitioner, or supplier any item or service for

21  which payment may be made, in whole or in part, under

22  the medical assistance program;

23  (f) arranges or contracts (by employment or

24  otherwise) with an individual or entity that the

25  person knows or should know is excluded from

26  participation in the medical assistance program or a
    SB3365 Enrolled  - 529 - LRB104 18483 SSS 31925 b

1   federal or state health care program, for the

2   provision of items or services for which payment may

3   be made under such a program;

4   (g) commits an act described in subsection (b) or

5   (c) of Section 8A-3;

6   (h) knowingly makes, uses, or causes to be made or

7   used, a false record or statement material to a false

8   or fraudulent claim for payment for items and services

9   furnished under the medical assistance program;

10  (i) fails to grant timely access, upon reasonable

11  request (as defined by the Department by rule), to the

12  Inspector General, for the purpose of audits,

13  investigations, evaluations, or other statutory

14  functions of the Inspector General of the Department;

15  (j) orders or prescribes a medical or other item

16  or service during a period in which the person was

17  excluded from the medical assistance program or a

18  federal or state health care program, in the case

19  where the person knows or should know that a claim for

20  such medical or other item or service will be made

21  under such a program;

22  (k) knowingly makes or causes to be made any false

23  statement, omission, or misrepresentation of a

24  material fact in any application, bid, or contract to

25  participate or enroll as a vendor or provider of

26  services or a supplier under the medical assistance
    SB3365 Enrolled  - 530 - LRB104 18483 SSS 31925 b

1   program;

2   (l) knows of an overpayment and does not report

3   and return the overpayment to the Department in

4   accordance with paragraph (6);

5   shall be subject, in addition to any other penalties that

6   may be prescribed by law, to a civil money penalty of not

7   more than $10,000 for each item or service (or, in cases

8   under subparagraph (c), $15,000 for each individual with

9   respect to whom false or misleading information was given;

10  in cases under subparagraph (d), $10,000 for each day the

11  prohibited relationship occurs; in cases under

12  subparagraph (g), $50,000 for each such act; in cases

13  under subparagraph (h), $50,000 for each false record or

14  statement; in cases under subparagraph (i), $15,000 for

15  each day of the failure described in such subparagraph; or

16  in cases under subparagraph (k), $50,000 for each false

17  statement, omission, or misrepresentation of a material

18  fact). In addition, such a person shall be subject to an

19  assessment of not more than 3 times the amount claimed for

20  each such item or service in lieu of damages sustained by

21  the State because of such claim (or, in cases under

22  subparagraph (g), damages of not more than 3 times the

23  total amount of remuneration offered, paid, solicited, or

24  received, without regard to whether a portion of such

25  remuneration was offered, paid, solicited, or received for

26  a lawful purpose; or in cases under subparagraph (k), an
    SB3365 Enrolled  - 531 - LRB104 18483 SSS 31925 b

1   assessment of not more than 3 times the total amount

2   claimed for each item or service for which payment was

3   made based upon the application, bid, or contract

4   containing the false statement, omission, or

5   misrepresentation of a material fact).

6   (3) In addition, the Director or his or her designee

7   may make a determination in the same proceeding to

8   exclude, terminate, suspend, or bar the person from

9   participation in the medical assistance program.

10  (4) The Illinois Department may seek the civil

11  monetary penalties and exclusion, termination, suspension,

12  or barment identified in this subsection (E-5). Prior to

13  the imposition of any penalties or sanctions, the affected

14  person shall be afforded an opportunity for a hearing

15  after reasonable notice. The Department shall establish

16  hearing procedures by rule.

17  (5) Any final order, decision, or other determination

18  made, issued, or executed by the Director under the

19  provisions of this subsection (E-5), whereby a person is

20  aggrieved, shall be subject to review in accordance with

21  the provisions of the Administrative Review Law, and the

22  rules adopted pursuant thereto, which shall apply to and

23  govern all proceedings for the judicial review of final

24  administrative decisions of the Director.

25  (6)(a) If a person has received an overpayment, the

26  person shall:
    SB3365 Enrolled      - 532 - LRB104 18483 SSS 31925 b

1   (i) report and return the overpayment to the

2   Department at the correct address; and

3   (ii) notify the Department in writing of the

4   reason for the overpayment.

5   (b) An overpayment must be reported and returned under

6   subparagraph (a) by the later of:

7   (i) the date which is 60 days after the date on

8   which the overpayment was identified; or

9   (ii) the date any corresponding cost report is

10  due, if applicable.

11  (E-10) A vendor who disputes an overpayment identified as

12 part of a Department audit shall utilize the Department's

13 self-referral disclosure protocol as set forth under this Code

14 to identify, investigate, and return to the Department any

15 undisputed audit overpayment amount. Unless the disputed

16 overpayment amount is subject to a fraud payment suspension,

17 or involves a termination sanction, the Department shall defer

18 the recovery of the disputed overpayment amount up to one year

19 after the date of the Department's final audit determination,

20 or earlier, or as required by State or federal law. If the

21 administrative hearing extends beyond one year, and such delay

22 was not caused by the request of the vendor, then the

23 Department shall not recover the disputed overpayment amount

24 until the date of the final administrative decision. If a

25 final administrative decision establishes that the disputed

26 overpayment amount is owed to the Department, then the amount
   SB3365 Enrolled  - 533 - LRB104 18483 SSS 31925 b

1 shall be immediately due to the Department. The Department

2 shall be entitled to recover interest from the vendor on the

3 overpayment amount from the date of the overpayment through

4 the date the vendor returns the overpayment to the Department

5 at a rate not to exceed the Wall Street Journal Prime Rate, as

6 published from time to time, but not to exceed 5%. Any interest

7 billed by the Department shall be due immediately upon receipt

8 of the Department's billing statement.

9  (F) The Illinois Department may withhold payments to any

10 vendor or alternate payee prior to or during the pendency of

11 any audit or proceeding under this Section, and through the

12 pendency of any administrative appeal or administrative review

13 by any court proceeding. The Illinois Department shall state

14 by rule with as much specificity as practicable the conditions

15 under which payments will not be withheld under this Section.

16 Payments may be denied for bills submitted with service dates

17 occurring during the pendency of a proceeding, after a final

18 decision has been rendered, or after the conclusion of any

19 administrative appeal, where the final administrative decision

20 is to terminate, exclude, or suspend eligibility to

21 participate in the medical assistance program. The Illinois

22 Department shall state by rule with as much specificity as

23 practicable the conditions under which payments will not be

24 denied for such bills. The Illinois Department shall state by

25 rule a process and criteria by which a vendor or alternate

26 payee may request full or partial release of payments withheld
    SB3365 Enrolled  - 534 - LRB104 18483 SSS 31925 b

1 under this subsection. The Department must complete a

2 proceeding under this Section in a timely manner.

3   Notwithstanding recovery allowed under subsection (E) or

4 this subsection (F), the Illinois Department may withhold

5 payments to any vendor or alternate payee who is not properly

6 licensed, certified, or in compliance with State or federal

7 agency regulations. Payments may be denied for bills submitted

8 with service dates occurring during the period of time that a

9 vendor is not properly licensed, certified, or in compliance

10 with State or federal regulations. Facilities licensed under

11 the Nursing Home Care Act shall have payments denied or

12 withheld pursuant to subsection (I) of this Section.

13  (F-5) The Illinois Department may temporarily withhold

14 payments to a vendor or alternate payee if any of the following

15 individuals have been indicted or otherwise charged under a

16 law of the United States or this or any other state with an

17 offense that is based on alleged fraud or willful

18 misrepresentation on the part of the individual related to (i)

19 the medical assistance program under Article V of this Code,

20 (ii) a federal or another state's medical assistance or health

21 care program, or (iii) the provision of health care services:

22  (1) If the vendor or alternate payee is a corporation:

23  an officer of the corporation or an individual who owns,

24  either directly or indirectly, 5% or more of the shares of

25  stock or other evidence of ownership of the corporation.

26  (2) If the vendor is a sole proprietorship: the owner
    SB3365 Enrolled  - 535 - LRB104 18483 SSS 31925 b

1   of the sole proprietorship.

2   (3) If the vendor or alternate payee is a partnership:

3   a partner in the partnership.

4   (4) If the vendor or alternate payee is any other

5   business entity authorized by law to transact business in

6   this State: an officer of the entity or an individual who

7   owns, either directly or indirectly, 5% or more of the

8   evidences of ownership of the entity.

9   If the Illinois Department withholds payments to a vendor

10 or alternate payee under this subsection, the Department shall

11 not release those payments to the vendor or alternate payee

12 while any criminal proceeding related to the indictment or

13 charge is pending unless the Department determines that there

14 is good cause to release the payments before completion of the

15 proceeding. If the indictment or charge results in the

16 individual's conviction, the Illinois Department shall retain

17 all withheld payments, which shall be considered forfeited to

18 the Department. If the indictment or charge does not result in

19 the individual's conviction, the Illinois Department shall

20 release to the vendor or alternate payee all withheld

21 payments.

22  (F-10) If the Illinois Department establishes that the

23 vendor or alternate payee owes a debt to the Illinois

24 Department, and the vendor or alternate payee subsequently

25 fails to pay or make satisfactory payment arrangements with

26 the Illinois Department for the debt owed, the Illinois
    SB3365 Enrolled           - 536 - LRB104 18483 SSS 31925 b

1 Department may seek all remedies available under the law of

2 this State to recover the debt, including, but not limited to,

3 wage garnishment or the filing of claims or liens against the

4 vendor or alternate payee.

5   (F-15) Enforcement of judgment.

6   (1) Any fine, recovery amount, other sanction, or

7   costs imposed, or part of any fine, recovery amount, other

8   sanction, or cost imposed, remaining unpaid after the

9   exhaustion of or the failure to exhaust judicial review

10  procedures under the Illinois Administrative Review Law is

11  a debt due and owing the State and may be collected using

12  all remedies available under the law.

13  (2) After expiration of the period in which judicial

14  review under the Illinois Administrative Review Law may be

15  sought for a final administrative decision, unless stayed

16  by a court of competent jurisdiction, the findings,

17  decision, and order of the Director may be enforced in the

18  same manner as a judgment entered by a court of competent

19  jurisdiction.

20  (3) In any case in which any person or entity has

21  failed to comply with a judgment ordering or imposing any

22  fine or other sanction, any expenses incurred by the

23  Illinois Department to enforce the judgment, including,

24  but not limited to, attorney's fees, court costs, and

25  costs related to property demolition or foreclosure, after

26  they are fixed by a court of competent jurisdiction or the
    SB3365 Enrolled  - 537 - LRB104 18483 SSS 31925 b

1   Director, shall be a debt due and owing the State and may

2   be collected in accordance with applicable law. Prior to

3   any expenses being fixed by a final administrative

4   decision pursuant to this subsection (F-15), the Illinois

5   Department shall provide notice to the individual or

6   entity that states that the individual or entity shall

7   appear at a hearing before the administrative hearing

8   officer to determine whether the individual or entity has

9   failed to comply with the judgment. The notice shall set

10  the date for such a hearing, which shall not be less than 7

11  days from the date that notice is served. If notice is

12  served by mail, the 7-day period shall begin to run on the

13  date that the notice was deposited in the mail.

14  (4) Upon being recorded in the manner required by

15  Article XII of the Code of Civil Procedure or by the

16  Uniform Commercial Code, a lien shall be imposed on the

17  real estate or personal estate, or both, of the individual

18  or entity in the amount of any debt due and owing the State

19  under this Section. The lien may be enforced in the same

20  manner as a judgment of a court of competent jurisdiction.

21  A lien shall attach to all property and assets of such

22  person, firm, corporation, association, agency,

23  institution, or other legal entity until the judgment is

24  satisfied.

25  (5) The Director may set aside any judgment entered by

26  default and set a new hearing date upon a petition filed at
    SB3365 Enrolled  - 538 - LRB104 18483 SSS 31925 b

1   any time (i) if the petitioner's failure to appear at the

2   hearing was for good cause, or (ii) if the petitioner

3   established that the Department did not provide proper

4   service of process. If any judgment is set aside pursuant

5   to this paragraph (5), the hearing officer shall have

6   authority to enter an order extinguishing any lien which

7   has been recorded for any debt due and owing the Illinois

8   Department as a result of the vacated default judgment.

9   (G) The provisions of the Administrative Review Law, as

10 now or hereafter amended, and the rules adopted pursuant

11 thereto, shall apply to and govern all proceedings for the

12 judicial review of final administrative decisions of the

13 Illinois Department under this Section. The term

14 "administrative decision" is defined as in Section 3-101 of

15 the Code of Civil Procedure.

16  (G-5) Vendors who pose a risk of fraud, waste, abuse, or

17 harm.

18        (1) Notwithstanding any other provision in this

19  Section, the Department may terminate, suspend, or exclude

20  vendors who pose a risk of fraud, waste, abuse, or harm

21  from participation in the medical assistance program prior

22  to an evidentiary hearing but after reasonable notice and

23  opportunity to respond as established by the Department by

24  rule.

25        (2) Vendors who pose a risk of fraud, waste, abuse, or

26  harm shall submit to a fingerprint-based criminal
    SB3365 Enrolled     - 539 - LRB104 18483 SSS 31925 b

1   background check on current and future information

2   available in the State system and current information

3   available through the Federal Bureau of Investigation's

4   system by submitting all necessary fees and information in

5   the form and manner prescribed by the Illinois State

6   Police. The following individuals shall be subject to the

7   check:

8           (A) In the case of a vendor that is a corporation,

9   every shareholder who owns, directly or indirectly, 5%

10  or more of the outstanding shares of the corporation.

11          (B) In the case of a vendor that is a partnership,

12  every partner.

13          (C) In the case of a vendor that is a sole

14  proprietorship, the sole proprietor.

15          (D) Each officer or manager of the vendor.

16  Each such vendor shall be responsible for payment of

17  the cost of the criminal background check.

18  (3) Vendors who pose a risk of fraud, waste, abuse, or

19  harm may be required to post a surety bond. The Department

20  shall establish, by rule, the criteria and requirements

21  for determining when a surety bond must be posted and the

22  value of the bond.

23  (4) The Department, or its agents, may refuse to

24  accept requests for authorization from specific vendors

25  who pose a risk of fraud, waste, abuse, or harm, including

26  prior-approval and post-approval requests, if:
    SB3365 Enrolled          - 540 - LRB104 18483 SSS 31925 b

1       (A) the Department has initiated a notice of

2   termination, suspension, or exclusion of the vendor

3   from participation in the medical assistance program;

4   or

5       (B) the Department has issued notification of its

6   withholding of payments pursuant to subsection (F-5)

7   of this Section; or

8       (C) the Department has issued a notification of

9   its withholding of payments due to reliable evidence

10  of fraud or willful misrepresentation pending

11  investigation.

12  (5) As used in this subsection, the following terms

13  are defined as follows:

14      (A) "Fraud" means an intentional deception or

15  misrepresentation made by a person with the knowledge

16  that the deception could result in some unauthorized

17  benefit to himself or herself or some other person. It

18  includes any act that constitutes fraud under

19  applicable federal or State law.

20      (B) "Abuse" means provider practices that are

21  inconsistent with sound fiscal, business, or medical

22  practices and that result in an unnecessary cost to

23  the medical assistance program or in reimbursement for

24  services that are not medically necessary or that fail

25  to meet professionally recognized standards for health

26  care. It also includes recipient practices that result
    SB3365 Enrolled  - 541 - LRB104 18483 SSS 31925 b

1   in unnecessary cost to the medical assistance program.

2   Abuse does not include diagnostic or therapeutic

3   measures conducted primarily as a safeguard against

4   possible vendor liability.

5   (C) "Waste" means the unintentional misuse of

6   medical assistance resources, resulting in unnecessary

7   cost to the medical assistance program. Waste does not

8   include diagnostic or therapeutic measures conducted

9   primarily as a safeguard against possible vendor

10  liability.

11  (D) "Harm" means physical, mental, or monetary

12  damage to recipients or to the medical assistance

13  program.

14  (G-6) The Illinois Department, upon making a determination

15 based upon information in the possession of the Illinois

16 Department that continuation of participation in the medical

17 assistance program by a vendor would constitute an immediate

18 danger to the public, may immediately suspend such vendor's

19 participation in the medical assistance program without a

20 hearing. In instances in which the Illinois Department

21 immediately suspends the medical assistance program

22 participation of a vendor under this Section, a hearing upon

23 the vendor's participation must be convened by the Illinois

24 Department within 15 days after such suspension and completed

25 without appreciable delay. Such hearing shall be held to

26 determine whether to recommend to the Director that the
    SB3365 Enrolled  - 542 - LRB104 18483 SSS 31925 b

1 vendor's medical assistance program participation be denied,

2 terminated, suspended, placed on provisional status, or

3 reinstated. In the hearing, any evidence relevant to the

4 vendor constituting an immediate danger to the public may be

5 introduced against such vendor; provided, however, that the

6 vendor, or his or her counsel, shall have the opportunity to

7 discredit, impeach, and submit evidence rebutting such

8 evidence.

9   (H) Nothing contained in this Code shall in any way limit

10 or otherwise impair the authority or power of any State agency

11 responsible for licensing of vendors.

12  (I) Based on a finding of noncompliance on the part of a

13 nursing home with any requirement for certification under

14 Title XVIII or XIX of the Social Security Act (42 U.S.C. Sec.

15 1395 et seq. or 42 U.S.C. Sec. 1396 et seq.), the Illinois

16 Department may impose one or more of the following remedies

17 after notice to the facility:

18  (1) Termination of the provider agreement.

19  (2) Temporary management.

20  (3) Denial of payment for new admissions.

21  (4) Civil money penalties.

22  (5) Closure of the facility in emergency situations or

23  transfer of residents, or both.

24  (6) State monitoring.

25  (7) Denial of all payments when the U.S. Department of

26  Health and Human Services has imposed this sanction.
    SB3365 Enrolled        - 543 - LRB104 18483 SSS 31925 b

1   The Illinois Department shall by rule establish criteria

2 governing continued payments to a nursing facility subsequent

3 to termination of the facility's provider agreement if, in the

4 sole discretion of the Illinois Department, circumstances

5 affecting the health, safety, and welfare of the facility's

6 residents require those continued payments. The Illinois

7 Department may condition those continued payments on the

8 appointment of temporary management, sale of the facility to

9 new owners or operators, or other arrangements that the

10 Illinois Department determines best serve the needs of the

11 facility's residents.

12  Except in the case of a facility that has a right to a

13 hearing on the finding of noncompliance before an agency of

14 the federal government, a facility may request a hearing

15 before a State agency on any finding of noncompliance within

16 60 days after the notice of the intent to impose a remedy.

17 Except in the case of civil money penalties, a request for a

18 hearing shall not delay imposition of the penalty. The choice

19 of remedies is not appealable at a hearing. The level of

20 noncompliance may be challenged only in the case of a civil

21 money penalty. The Illinois Department shall provide by rule

22 for the State agency that will conduct the evidentiary

23 hearings.

24  The Illinois Department may collect interest on unpaid

25 civil money penalties.

26  The Illinois Department may adopt all rules necessary to
    SB3365 Enrolled          - 544 - LRB104 18483 SSS 31925 b

1 implement this subsection (I).

2   (J) The Illinois Department, by rule, may permit

3 individual practitioners to designate that Department payments

4 that may be due the practitioner be made to an alternate payee

5 or alternate payees.

6   (a) Such alternate payee or alternate payees shall be

7   required to register as an alternate payee in the Medical

8   Assistance Program with the Illinois Department.

9   (b) If a practitioner designates an alternate payee,

10  the alternate payee and practitioner shall be jointly and

11  severally liable to the Department for payments made to

12  the alternate payee. Pursuant to subsection (E) of this

13  Section, any Department action to suspend or deny payment

14  or recover money or overpayments from an alternate payee

15  shall be subject to an administrative hearing.

16  (c) Registration as an alternate payee or alternate

17  payees in the Illinois Medical Assistance Program shall be

18  conditional. At any time, the Illinois Department may deny

19  or cancel any alternate payee's registration in the

20  Illinois Medical Assistance Program without cause. Any

21  such denial or cancellation is not subject to an

22  administrative hearing.

23  (d) The Illinois Department may seek a revocation of

24  any alternate payee, and all owners, officers, and

25  individuals with management responsibility for such

26  alternate payee shall be permanently prohibited from
    SB3365 Enrolled  - 545 - LRB104 18483 SSS 31925 b

1   participating as an owner, an officer, or an individual

2   with management responsibility with an alternate payee in

3   the Illinois Medical Assistance Program, if after

4   reasonable notice and opportunity for a hearing the

5   Illinois Department finds that:

6   (1) the alternate payee is not complying with the

7   Department's policy or rules and regulations, or with

8   the terms and conditions prescribed by the Illinois

9   Department in its alternate payee registration

10  agreement; or

11  (2) the alternate payee has failed to keep or make

12  available for inspection, audit, or copying, after

13  receiving a written request from the Illinois

14  Department, such records regarding payments claimed as

15  an alternate payee; or

16  (3) the alternate payee has failed to furnish any

17  information requested by the Illinois Department

18  regarding payments claimed as an alternate payee; or

19  (4) the alternate payee has knowingly made, or

20  caused to be made, any false statement or

21  representation of a material fact in connection with

22  the administration of the Illinois Medical Assistance

23  Program; or

24  (5) the alternate payee, a person with management

25  responsibility for an alternate payee, an officer or

26  person owning, either directly or indirectly, 5% or
    SB3365 Enrolled  - 546 - LRB104 18483 SSS 31925 b

1   more of the shares of stock or other evidences of

2   ownership in a corporate alternate payee, or a partner

3   in a partnership which is an alternate payee:

4                    (a) was previously terminated, suspended, or

5   excluded from participation as a vendor in the

6   Illinois Medical Assistance Program, or was

7   previously revoked as an alternate payee in the

8   Illinois Medical Assistance Program, or was

9   terminated, suspended, or excluded from

10  participation as a vendor in a medical assistance

11  program in another state that is of the same kind

12  as the program of medical assistance provided

13  under Article V of this Code; or

14                   (b) was a person with management

15  responsibility for a vendor previously terminated,

16  suspended, or excluded from participation as a

17  vendor in the Illinois Medical Assistance Program,

18  or was previously revoked as an alternate payee in

19  the Illinois Medical Assistance Program, or was

20  terminated, suspended, or excluded from

21  participation as a vendor in a medical assistance

22  program in another state that is of the same kind

23  as the program of medical assistance provided

24  under Article V of this Code, during the time of

25  conduct which was the basis for that vendor's

26  termination, suspension, or exclusion or alternate
    SB3365 Enrolled  - 547 - LRB104 18483 SSS 31925 b

1   payee's revocation; or

2                    (c) was an officer, or person owning, either

3   directly or indirectly, 5% or more of the shares

4   of stock or other evidences of ownership in a

5   corporate vendor previously terminated, suspended,

6   or excluded from participation as a vendor in the

7   Illinois Medical Assistance Program, or was

8   previously revoked as an alternate payee in the

9   Illinois Medical Assistance Program, or was

10  terminated, suspended, or excluded from

11  participation as a vendor in a medical assistance

12  program in another state that is of the same kind

13  as the program of medical assistance provided

14  under Article V of this Code, during the time of

15  conduct which was the basis for that vendor's

16  termination, suspension, or exclusion; or

17                   (d) was an owner of a sole proprietorship or

18  partner in a partnership previously terminated,

19  suspended, or excluded from participation as a

20  vendor in the Illinois Medical Assistance Program,

21  or was previously revoked as an alternate payee in

22  the Illinois Medical Assistance Program, or was

23  terminated, suspended, or excluded from

24  participation as a vendor in a medical assistance

25  program in another state that is of the same kind

26  as the program of medical assistance provided
    SB3365 Enrolled  - 548 - LRB104 18483 SSS 31925 b

1   under Article V of this Code, during the time of

2   conduct which was the basis for that vendor's

3   termination, suspension, or exclusion or alternate

4   payee's revocation; or

5   (6) the alternate payee, a person with management

6   responsibility for an alternate payee, an officer or

7   person owning, either directly or indirectly, 5% or

8   more of the shares of stock or other evidences of

9   ownership in a corporate alternate payee, or a partner

10  in a partnership which is an alternate payee:

11                   (a) has engaged in conduct prohibited by

12  applicable federal or State law or regulation

13  relating to the Illinois Medical Assistance

14  Program; or

15                   (b) was a person with management

16  responsibility for a vendor or alternate payee at

17  the time that the vendor or alternate payee

18  engaged in practices prohibited by applicable

19  federal or State law or regulation relating to the

20  Illinois Medical Assistance Program; or

21                   (c) was an officer, or person owning, either

22  directly or indirectly, 5% or more of the shares

23  of stock or other evidences of ownership in a

24  vendor or alternate payee at the time such vendor

25  or alternate payee engaged in practices prohibited

26  by applicable federal or State law or regulation
    SB3365 Enrolled  - 549 - LRB104 18483 SSS 31925 b

1   relating to the Illinois Medical Assistance

2   Program; or

3                    (d) was an owner of a sole proprietorship or

4   partner in a partnership which was a vendor or

5   alternate payee at the time such vendor or

6   alternate payee engaged in practices prohibited by

7   applicable federal or State law or regulation

8   relating to the Illinois Medical Assistance

9   Program; or

10  (7) the direct or indirect ownership of the vendor

11  or alternate payee (including the ownership of a

12  vendor or alternate payee that is a partner's interest

13  in a vendor or alternate payee, or ownership of 5% or

14  more of the shares of stock or other evidences of

15  ownership in a corporate vendor or alternate payee)

16  has been transferred by an individual who is

17  terminated, suspended, or excluded or barred from

18  participating as a vendor or is prohibited or revoked

19  as an alternate payee to the individual's spouse,

20  child, brother, sister, parent, grandparent,

21  grandchild, uncle, aunt, niece, nephew, cousin, or

22  relative by marriage.

23  (K) The Illinois Department of Healthcare and Family

24 Services may withhold payments, in whole or in part, to a

25 provider or alternate payee where there is credible evidence,

26 received from State or federal law enforcement or federal
    SB3365 Enrolled  - 550 - LRB104 18483 SSS 31925 b

1 oversight agencies or from the results of a preliminary

2 Department audit, that the circumstances giving rise to the

3 need for a withholding of payments may involve fraud or

4 willful misrepresentation under the Illinois Medical

5 Assistance program. The Department shall by rule define what

6 constitutes "credible" evidence for purposes of this

7 subsection. The Department may withhold payments without first

8 notifying the provider or alternate payee of its intention to

9 withhold such payments. A provider or alternate payee may

10 request a reconsideration of payment withholding, and the

11 Department must grant such a request. The Department shall

12 state by rule a process and criteria by which a provider or

13 alternate payee may request full or partial release of

14 payments withheld under this subsection. This request may be

15 made at any time after the Department first withholds such

16 payments.

17  (a) The Illinois Department must send notice of its

18  withholding of program payments within 5 days of taking

19  such action. The notice must set forth the general

20  allegations as to the nature of the withholding action,

21  but need not disclose any specific information concerning

22  its ongoing investigation. The notice must do all of the

23  following:

24            (1) State that payments are being withheld in

25  accordance with this subsection.

26            (2) State that the withholding is for a temporary
    SB3365 Enrolled        - 551 - LRB104 18483 SSS 31925 b

1   period, as stated in paragraph (b) of this subsection,

2   and cite the circumstances under which withholding

3   will be terminated.

4   (3) Specify, when appropriate, which type or types

5   of Medicaid claims withholding is effective.

6   (4) Inform the provider or alternate payee of the

7   right to submit written evidence for reconsideration

8   of the withholding by the Illinois Department.

9   (5) Inform the provider or alternate payee that a

10  written request may be made to the Illinois Department

11  for full or partial release of withheld payments and

12  that such requests may be made at any time after the

13  Department first withholds such payments.

14  (b) All withholding-of-payment actions under this

15  subsection shall be temporary and shall not continue after

16  any of the following:

17  (1) The Illinois Department or the prosecuting

18  authorities determine that there is insufficient

19  evidence of fraud or willful misrepresentation by the

20  provider or alternate payee.

21  (2) Legal proceedings related to the provider's or

22  alternate payee's alleged fraud, willful

23  misrepresentation, violations of this Act, or

24  violations of the Illinois Department's administrative

25  rules are completed.

26  (3) The withholding of payments for a period of 3
   SB3365 Enrolled  - 552 - LRB104 18483 SSS 31925 b

1  years.

2  (c) The Illinois Department may adopt all rules

3  necessary to implement this subsection (K).

4  (K-5) The Illinois Department may withhold payments, in

5 whole or in part, to a provider or alternate payee upon

6 initiation of an audit, quality of care review, investigation

7 when there is a credible allegation of fraud, or the provider

8 or alternate payee demonstrating a clear failure to cooperate

9 with the Illinois Department such that the circumstances give

10 rise to the need for a withholding of payments. As used in this

11 subsection, "credible allegation" is defined to include an

12 allegation from any source, including, but not limited to,

13 fraud hotline complaints, claims data mining, patterns

14 identified through provider audits, civil actions filed under

15 the Illinois False Claims Act, and law enforcement

16 investigations. An allegation is considered to be credible

17 when it has indicia of reliability. The Illinois Department

18 may withhold payments without first notifying the provider or

19 alternate payee of its intention to withhold such payments. A

20 provider or alternate payee may request a hearing or a

21 reconsideration of payment withholding, and the Illinois

22 Department must grant such a request. The Illinois Department

23 shall state by rule a process and criteria by which a provider

24 or alternate payee may request a hearing or a reconsideration

25 for the full or partial release of payments withheld under

26 this subsection. This request may be made at any time after the
    SB3365 Enrolled      - 553 - LRB104 18483 SSS 31925 b

1 Illinois Department first withholds such payments.

2   (a) The Illinois Department must send notice of its

3   withholding of program payments within 5 days of taking

4   such action. The notice must set forth the general

5   allegations as to the nature of the withholding action but

6   need not disclose any specific information concerning its

7   ongoing investigation. The notice must do all of the

8   following:

9   (1) State that payments are being withheld in

10  accordance with this subsection.

11  (2) State that the withholding is for a temporary

12  period, as stated in paragraph (b) of this subsection,

13  and cite the circumstances under which withholding

14  will be terminated.

15  (3) Specify, when appropriate, which type or types

16  of claims are withheld.

17  (4) Inform the provider or alternate payee of the

18  right to request a hearing or a reconsideration of the

19  withholding by the Illinois Department, including the

20  ability to submit written evidence.

21  (5) Inform the provider or alternate payee that a

22  written request may be made to the Illinois Department

23  for a hearing or a reconsideration for the full or

24  partial release of withheld payments and that such

25  requests may be made at any time after the Illinois

26  Department first withholds such payments.
    SB3365 Enrolled        - 554 - LRB104 18483 SSS 31925 b

1   (b) All withholding of payment actions under this

2   subsection shall be temporary and shall not continue after

3   any of the following:

4   (1) The Illinois Department determines that there

5   is insufficient evidence of fraud, or the provider or

6   alternate payee demonstrates clear cooperation with

7   the Illinois Department, as determined by the Illinois

8   Department, such that the circumstances do not give

9   rise to the need for withholding of payments; or

10  (2) The withholding of payments has lasted for a

11  period in excess of 3 years.

12  (c) The Illinois Department may adopt all rules

13  necessary to implement this subsection (K-5).

14  (L) The Illinois Department shall establish a protocol to

15 enable health care providers to disclose an actual or

16 potential violation of this Section pursuant to a

17 self-referral disclosure protocol, referred to in this

18 subsection as "the protocol". The protocol shall include

19 direction for health care providers on a specific person,

20 official, or office to whom such disclosures shall be made.

21 The Illinois Department shall post information on the protocol

22 on the Illinois Department's public website. The Illinois

23 Department may adopt rules necessary to implement this

24 subsection (L). In addition to other factors that the Illinois

25 Department finds appropriate, the Illinois Department may

26 consider a health care provider's timely use or failure to use
    SB3365 Enrolled  - 555 - LRB104 18483 SSS 31925 b

1 the protocol in considering the provider's failure to comply

2 with this Code.

3   (M) Notwithstanding any other provision of this Code, the

4 Illinois Department, at its discretion, may exempt an entity

5 licensed under the Nursing Home Care Act, the ID/DD Community

6 Care Act, or the MC/DD Act from the provisions of subsections

7 (A-15), (B), and (C) of this Section if the licensed entity is

8 in receivership.

9   (O) Enforcement of advance payment agreements. To the

10 extent not prohibited by federal or State law, and

11 notwithstanding any other provision of this Code, if a

12 provider fails to comply with the terms of an advance payment

13 agreement, the Department is authorized to collect any unpaid

14 advance balance through one or more of the following methods:

15  (1) Direct withholding of Department reimbursements.

16  The Department may withhold reimbursement or other amounts

17  otherwise payable by the Department to the provider,

18  including, but not limited to, fee-for-service claims

19  payments, supplemental payments, and any other amounts the

20  Department is obligated to pay the provider under the

21  medical assistance program, and apply such withheld

22  amounts as repayment of the unpaid advance.

23  (2) Managed care organizations remittance. If a

24  provider participates in a managed care program

25  administered by the Department, the Department may direct

26  the managed care organization to remit to the Department
    SB3365 Enrolled  - 556 - LRB104 18483 SSS 31925 b

1       amounts otherwise payable by the managed care organization

2       to the provider, and apply such remitted amounts as

3       repayment of the unpaid advance.

4       The requirements of this subsection may be waived by the

5 Department in instances when a nursing home provider has

6 entered into and remains in compliance with a renegotiated

7 advance payment agreement. A renegotiated advance payment

8 agreement must be entered into no later than 60 days after the

9 effective date of this amendatory Act of the 104th General

10 Assembly.

11      A nursing home must enter into a renegotiated advance

12 payment agreement with the Department that includes terms for

13 repayment of the total amount owed for all outstanding amounts

14 over a 12-month period, repaid in equal payment increments.

15 Payments shall begin within 30 days of the signed agreement

16 date.

17      Failure to remain in compliance with a renegotiated

18 advance payment agreement shall cause immediate termination of

19 such an agreement unless there is prior written consent from

20 the Department for a period of non-compliance.

21      Beginning September 1, 2026, the Department shall

22 immediately collect all overdue unpaid advance debts through

23 the collection methods authorized under this Section, unless a

24 renegotiated advance payment agreement has already been agreed

25 to.

26 (Source: P.A. 102-538, eff. 8-20-21.)
    SB3365 Enrolled  - 557 - LRB104 18483 SSS 31925 b

1                    ARTICLE 265.

2   Section 265-5. The State Finance Act is amended by adding

3 Sections 5.1039 and 6z-149 as follows:

4   (30 ILCS 105/5.1039 new)

5   Sec. 5.1039. The Staffing Improvement and Long Term Care

6 Oversight Fund.

7   (30 ILCS 105/6z-149 new)

8   Sec. 6z-149. The Staffing Improvement and Long Term Care

9 Oversight Fund.

10  (a) The Staffing Improvement and Long Term Care Oversight

11 Fund is created as a special fund in the State treasury.

12 Interest earned by the Fund shall be credited to the Fund.

13  (b) Any moneys generated from penalties imposed for

14 non-compliance with minimum staffing standards under Section

15 3-202.05 of the Nursing Home Care Act shall be deposited into

16 the Fund. Any funds distributed and granted pursuant to this

17 Section shall be contingent on the Department's actual

18 collection of staffing fines under Section 3-202.02 of the

19 Nursing Home Care Act. Beginning in Fiscal Year 2027, funds

20 shall be distributed as follows:

21  (1) $1,000,000 shall be used in each State fiscal year

22  by the Department of Public Health to train surveyors for
    SB3365 Enrolled  - 558 - LRB104 18483 SSS 31925 b

1   administration of the Bureau of Long Term Care Training.

2   This funding shall not be used to used to replace any other

3   funding appropriated by the General Assembly for this

4   purpose.

5   (2) 15% of the funding shall be used by the of Public

6   Health to fund Nursing Home Care Act compliance efforts.

7   (3) $2,000,000 or 50% of the remainder of the moneys

8   deposited under this subsection after the allocations

9   under paragraphs (1) and (2) have been completed,

10  whichever is higher, shall be allocated in each State

11  fiscal year to be ordered transferred by the State

12  Comptroller and transferred by the State Treasurer from

13  the Staffing Improvement and Long Term Care Oversight Fund

14  to be used by the Department to support a Certified

15  Nursing Assistant Workforce Pipeline Program to recruit,

16  support, and train individuals to work as certified

17  nursing assistants at nursing facilities, with a focus on

18  facilities in disadvantaged communities, those serving

19  residents of color, and understaffed facilities. The

20  program shall be administered by a labor-management

21  organization acting on behalf of a partnership between

22  nursing facilities and a labor organization representing

23  nursing home workers. The labor-management organization

24  must demonstrate the ability to recruit, support, train,

25  and place individuals in careers in health care with a

26  specific focus on addressing staff shortages. Program
    SB3365 Enrolled  - 559 - LRB104 18483 SSS 31925 b

1   training and instruction must meet State and federal

2   education regulations and must provide a pathway for

3   participants to receive certification as nursing

4   assistants. Any funds distributed pursuant to this Section

5   shall be compliant with the Grant Accountability and

6   Transparency Act and its regulations, as applicable.

7   The program may provide supportive services to program

8   participants, including, but not limited to, mentoring and

9   a wraparound support stipend that would cover expenses

10  such as utilities, dependent care, and transportation.

11  (4) $2,000,000 shall be used in each State fiscal year

12  by the Department of Public Health to administer the

13  identified offenders and other safety activities.

14  (5) 40% of the remainder of the moneys deposited under

15  this subsection after the allocations under paragraphs

16  (1), (2), (3), and (4) have been completed shall, in each

17  fiscal year, be ordered transferred by the State

18  Comptroller and transferred by the State Treasurer from

19  the Staffing Improvement and Long Term Care Fund to the

20  State Board of Education Special Purposes Trust Fund to be

21  used by the State Board of Education to support the

22  allocation of formula grants for the purposes of

23  supporting programs and coursework that provide vocational

24  training of certified nursing assistants at the secondary

25  level of education, provided that the funds are allocated

26  for the purpose of increasing staffing in Illinois nursing
    SB3365 Enrolled  - 560 - LRB104 18483 SSS 31925 b

1   homes. Entities eligible for award include area career

2   centers and Education for Employment regional CTE systems,

3   as approved by rule of the State Board of Education. Each

4   eligible entity shall receive a formula grant based on

5   student enrollment, credential attainment, and employment.

6   The total appropriation that the State Board of Education

7   receives shall be divided into formula grants proportional

8   to each eligible entity's student participation,

9   credential attainment, and employment according to the

10  following: 50% shall be divided among all entities with

11  students enrolled in all health sciences pathways, 15%

12  shall be divided across all entities with students earning

13  CNA certificates, 20% shall be divided by each student

14  placed at elder care facilities for work-based learning in

15  the prior school year, and 15% shall be divided by the

16  total number of graduates from the prior fiscal year who

17  are employed at elder care facilities. Recipients will

18  provide mid-year and annual reports on templates provided

19  by rhe State Board of Education. Any entity receiving

20  funds under paragraph (3) is not eligible to receive

21  funding under this subsection.

22  (6) 40% of the remainder of the moneys deposited under

23  this subsection after the allocations under paragraphs

24  (1), (2), (3), and (4) have been completed shall, in each

25  fiscal year, be ordered transferred by the State

26  Comptroller and transferred by the State Treasurer from
    SB3365 Enrolled         - 561 - LRB104 18483 SSS 31925 b

1   the Staffing Improvement and Long Term Care Oversight Fund

2   to the Education Assistance Fund for the Long Term Care

3   Nursing Scholarship Program for scholarships to be awarded

4   to applicants pursuing or intending to pursue employment

5   as a nurse in a licensed nursing home in Illinois. The

6   Illinois Student Assistance Commission shall adopt

7   administrative rules governing the amount, criteria, and

8   award of scholarships to be awarded under this Section.

9   Section 265-10. The Nursing Home Care Act is amended by

10 changing Section 3-202.05 as follows:

11  (210 ILCS 45/3-202.05)

12  Sec. 3-202.05. Staffing ratios effective July 1, 2010 and

13 thereafter.

14  (a) For the purpose of computing staff to resident ratios,

15 direct care staff shall include:

16  (1) registered nurses;

17  (2) licensed practical nurses;

18  (3) certified nurse assistants;

19  (4) psychiatric services rehabilitation aides;

20  (5) rehabilitation and therapy aides;

21  (6) psychiatric services rehabilitation coordinators;

22  (7) assistant directors of nursing;

23  (8) 50% of the Director of Nurses' time; and

24  (9) 30% of the Social Services Directors' time.
    SB3365 Enrolled  - 562 - LRB104 18483 SSS 31925 b

1   The Department shall, by rule, allow certain facilities

2 subject to 77 Ill. Adm. Code 300.4000 and following (Subpart

3 S) to utilize specialized clinical staff, as defined in rules,

4 to count towards the staffing ratios.

5   Within 120 days of June 14, 2012 (the effective date of

6 Public Act 97-689), the Department shall promulgate rules

7 specific to the staffing requirements for facilities federally

8 defined as Institutions for Mental Disease. These rules shall

9 recognize the unique nature of individuals with chronic mental

10 health conditions, shall include minimum requirements for

11 specialized clinical staff, including clinical social workers,

12 psychiatrists, psychologists, and direct care staff set forth

13 in paragraphs (4) through (6) and any other specialized staff

14 which may be utilized and deemed necessary to count toward

15 staffing ratios.

16  Within 120 days of June 14, 2012 (the effective date of

17 Public Act 97-689), the Department shall promulgate rules

18 specific to the staffing requirements for facilities licensed

19 under the Specialized Mental Health Rehabilitation Act of

20 2013. These rules shall recognize the unique nature of

21 individuals with chronic mental health conditions, shall

22 include minimum requirements for specialized clinical staff,

23 including clinical social workers, psychiatrists,

24 psychologists, and direct care staff set forth in paragraphs

25 (4) through (6) and any other specialized staff which may be

26 utilized and deemed necessary to count toward staffing ratios.
    SB3365 Enrolled  - 563 - LRB104 18483 SSS 31925 b

1   (a-5) The Centers for Medicare and Medicaid Services'

2 payroll-based journal job title codes, which correspond to the

3 staff used for the staffing ratios in subsection (a), are as

4 follows:

5        (1) Registered Nurse Director of Nursing, job title

6   code 5.

7        (2) Registered Nurse with Administrative Duties, job

8   title code 6.

9        (3) Registered Nurse, job title code 7.

10       (4) Licensed Practical/Vocational Nurse with

11  Administrative Duties, job title code 8.

12       (5) Licensed Practical/Vocational Nurse, job title

13  code 9.

14       (6) Certified Nurse Aide, job title code 10.

15       (7) Nurse Aide in Training, job title code 11.

16       (8) Medication Aide/Technician, job title code 12.

17       (9) Nurse Practitioner, job title code 13.

18       (10) Clinical Nurse Specialist, job title code 14.

19       (11) Occupational Therapist, job title code 18.

20       (12) Occupational Therapy Assistant, job title code

21  19.

22       (13) Occupational Therapy Aide, job title code 20.

23       (14) Physical Therapist, job title code 21.

24       (15) Physical Therapy Assistant, job title code 22.

25       (16) Physical Therapy Assistant, job title code 23.

26       (17) Respiratory Therapist, job title code 24.
    SB3365 Enrolled  - 564 - LRB104 18483 SSS 31925 b

1        (18) Respiratory Therapy Technician, job title code

2   25.

3        (19) Speech/Language Pathologist, job title code 26.

4        (20) Qualified Activities Professional, job title code

5   28.

6        (21) Other Activities Staff, job title code 29.

7        (22) Qualified Social Worker, job title code 30.

8        (23) Other Social Worker, job title code 31.

9        (24) Mental Health Service Worker, job title code 34.

10  For all job title codes in this subsection, 100% of the

11 hours worked by the staff must be counted toward the

12 staff-to-resident ratio, except job code title 5, which is

13 limited to 50%, and job title codes 28, 30, and 31, which are

14 limited to 30%.

15  (b) (Blank).

16  (b-5) For purposes of the minimum staffing ratios in this

17 Section, all residents shall be classified as requiring either

18 skilled care or intermediate care.

19  As used in this subsection:

20  "Intermediate care" means basic nursing care and other

21 restorative services under periodic medical direction.

22  "Skilled care" means skilled nursing care, continuous

23 skilled nursing observations, restorative nursing, and other

24 services under professional direction with frequent medical

25 supervision.

26  (c) Facilities shall notify the Department within 60 days
    SB3365 Enrolled    - 565 - LRB104 18483 SSS 31925 b

1 after July 29, 2010 (the effective date of Public Act

2 96-1372), in a form and manner prescribed by the Department,

3 of the staffing ratios in effect on July 29, 2010 (the

4 effective date of Public Act 96-1372) for both intermediate

5 and skilled care and the number of residents receiving each

6 level of care.

7   (d)(1) (Blank).

8   (2) (Blank).

9   (3) (Blank).

10  (4) (Blank).

11  (5) Effective January 1, 2014, the minimum staffing ratios

12 shall be increased to 3.8 hours of nursing and personal care

13 each day for a resident needing skilled care and 2.5 hours of

14 nursing and personal care each day for a resident needing

15 intermediate care.

16  (e) Ninety days after June 14, 2012 (the effective date of

17 Public Act 97-689), a minimum of 25% of nursing and personal

18 care time shall be provided by licensed nurses, with at least

19 10% of nursing and personal care time provided by registered

20 nurses. These minimum requirements shall remain in effect

21 until an acuity based registered nurse requirement is

22 promulgated by rule concurrent with the adoption of the

23 Resource Utilization Group classification-based payment

24 methodology, as provided in Section 5-5.2 of the Illinois

25 Public Aid Code. Registered nurses and licensed practical

26 nurses employed by a facility in excess of these requirements
   SB3365 Enrolled  - 566 - LRB104 18483 SSS 31925 b

1 may be used to satisfy the remaining 75% of the nursing and

2 personal care time requirements. Notwithstanding this

3 subsection, no staffing requirement in statute in effect on

4 June 14, 2012 (the effective date of Public Act 97-689) shall

5 be reduced on account of this subsection.

6  (f) The Department shall submit proposed rules for

7 adoption by January 1, 2020 establishing a system for

8 determining compliance with minimum staffing set forth in this

9 Section and the requirements of 77 Ill. Adm. Code 300.1230

10 adjusted for any waivers granted under Section 3-303.1.

11 Compliance shall be determined quarterly by comparing the

12 number of hours provided per resident per day using the

13 Centers for Medicare and Medicaid Services' payroll-based

14 journal and the facility's daily census, broken down by

15 intermediate and skilled care as self-reported by the facility

16 to the Department on a quarterly basis. The Department shall

17 use the quarterly payroll-based journal and the self-reported

18 census to calculate the number of hours provided per resident

19 per day and compare this ratio to the minimum staffing

20 standards required under this Section, as impacted by any

21 waivers granted under Section 3-303.1. Discrepancies between

22 job titles contained in this Section and the payroll-based

23 journal shall be addressed by rule. The manner in which the

24 Department requests payroll-based journal information to be

25 submitted shall align with the federal Centers for Medicare

26 and Medicaid Services' requirements that allow providers to
   SB3365 Enrolled  - 567 - LRB104 18483 SSS 31925 b

1 submit the quarterly data in an aggregate manner.

2  (g) Monetary penalties for non-compliance. The Department

3 shall submit proposed rules for adoption by January 1, 2020

4 establishing monetary penalties for facilities not in

5 compliance with minimum staffing standards under this Section.

6 Facilities shall be required to comply with the provisions of

7 this subsection beginning January 1, 2025. No monetary penalty

8 may be issued for noncompliance prior to the revised

9 implementation date, which shall be January 1, 2025. If a

10 facility is found to be noncompliant prior to the revised

11 implementation date, the Department shall provide a written

12 notice identifying the staffing deficiencies and require the

13 facility to provide a sufficiently detailed correction plan

14 that describes proposed and completed actions the facility

15 will take or has taken, including hiring actions, to address

16 the facility's failure to meet the statutory minimum staffing

17 levels. Monetary penalties shall be imposed beginning no later

18 than July 1, 2025, based on data for the quarter beginning

19 January 1, 2025 through March 31, 2025 and quarterly

20 thereafter. Monetary penalties shall be established based on a

21 formula that calculates on a daily basis the cost of wages and

22 benefits for the missing staffing hours. All notices of

23 noncompliance shall include the computations used to determine

24 noncompliance and establishing the variance between minimum

25 staffing ratios and the Department's computations. The penalty

26 for the first offense shall be 125% of the cost of wages and
    SB3365 Enrolled       - 568 - LRB104 18483 SSS 31925 b

1 benefits for the missing staffing hours. The penalty shall

2 increase to 150% of the cost of wages and benefits for the

3 missing staffing hours for the second offense and 200% the

4 cost of wages and benefits for the missing staffing hours for

5 the third and all subsequent offenses. The penalty shall be

6 imposed regardless of whether the facility has committed other

7 violations of this Act during the same period that the

8 staffing offense occurred. The penalty may not be waived,

9 except where there is no more than a 10% deviation from the

10 staffing requirements, in which case the facility shall not

11 receive a violation or penalty. The Department is granted

12 discretion to waive the violation and penalty when unforeseen

13 circumstances have occurred that resulted in call-offs of

14 scheduled staff. This provision shall be applied no more than

15 6 times per quarter. Nothing in this Section diminishes a

16 facility's right to appeal the imposition of a monetary

17 penalty. No facility may appeal a notice of noncompliance

18 issued during the revised implementation period. The changes

19 made to this subsection by this amendatory Act of the 104th

20 General Assembly in regard to nursing home staffing fines

21 shall apply to the July 1, 2025 fines based on data for the

22 quarter beginning January 1, 2025 through March 31, 2025 and

23 quarterly thereafter.

24  Moneys generated from the monetary penalties imposed on

25 facilities that are not in compliance with minimum staffing

26 standards under this subsection and rules adopted under this
    SB3365 Enrolled      - 569 - LRB104 18483 SSS 31925 b

1 subsection shall be deposited into the Staffing Improvement
2 and Long Term Care Oversight Fund and shall be used as provided
3 in Section 6z-149 of the State Finance Act.
4 (Source: P.A. 104-9, eff. 6-16-25.)

5                        ARTICLE 800.

6   Section 800-95. No acceleration or delay. Where this Act

7 makes changes in a statute that is represented in this Act by

8 text that is not yet or no longer in effect (for example, a

9 Section represented by multiple versions), the use of that

10 text does not accelerate or delay the taking effect of (i) the

11 changes made by this Act or (ii) provisions derived from any

12 other Public Act.

13                       ARTICLE 999.

14  Section 999-99. Effective date. This Act takes effect upon

15 becoming law, except that Section 257-10 of Article 257 and

16 Articles 2, 10, 15, and 225 take effect July 1, 2026, and

17 Article 6 takes effect January 1, 2027, and Article 65 takes

18 effect July 1, 2027.
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