Rep. Sara Feigenholtz
Filed: 5/20/2013
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| 1 | AMENDMENT TO SENATE BILL 26
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 26 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "ARTICLE 1. | ||||||
| 5 | SHORT TITLE, PRIOR LAW, AND DEFINITIONS | ||||||
| 6 | Section 1-101. Short title. This Act may be cited as the | ||||||
| 7 | Specialized Mental Health Rehabilitation Act of 2013.
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| 8 | Section 1-101.3. Legislative findings. Illinois is | ||||||
| 9 | committed to providing behavioral health services in the most | ||||||
| 10 | community-integrated settings possible, based on the needs of | ||||||
| 11 | consumers who qualify for State support. This goal is | ||||||
| 12 | consistent with federal law and regulations and recent court | ||||||
| 13 | decrees. A variety of services and settings are necessary to | ||||||
| 14 | ensure that people with serious mental illness receive high | ||||||
| 15 | quality care that is oriented toward their safety, | ||||||
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| 1 | rehabilitation, and recovery. | ||||||
| 2 | The State of Illinois has an inordinately high inpatient | ||||||
| 3 | hospitalization rate for behavioral health services. This is | ||||||
| 4 | not productive for those needing behavioral health services. It | ||||||
| 5 | is also the least cost effective form of behavioral health | ||||||
| 6 | delivery possible. The General Assembly finds that | ||||||
| 7 | alternatives to inpatient hospitalization for behavioral | ||||||
| 8 | health are necessary to both improve outcomes and reduce costs. | ||||||
| 9 | Residential settings are an important component of the | ||||||
| 10 | system of behavioral health care that Illinois is developing. | ||||||
| 11 | When residential treatment is necessary, these facilities must | ||||||
| 12 | offer high quality rehabilitation and recovery care, help | ||||||
| 13 | consumers achieve and maintain their highest level of | ||||||
| 14 | independent functioning, and prepare them to live in permanent | ||||||
| 15 | supportive housing and other community-integrated settings. | ||||||
| 16 | Facilities licensed under this Act will be multi-faceted | ||||||
| 17 | facilities that provide triage and crisis stabilization to | ||||||
| 18 | inpatient hospitalization, provide stabilization for those in | ||||||
| 19 | post crisis stabilization, and provide transitional living | ||||||
| 20 | assistance to prepare those with serious mental illness to | ||||||
| 21 | reintegrate successfully into community living settings. Those | ||||||
| 22 | licensed under this Act will provide care under a coordinated | ||||||
| 23 | care model and seek appropriate national accreditation and | ||||||
| 24 | provide productive and measurable outcomes.
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| 25 | Section 1-101.5. Prior law. | ||||||
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| 1 | (a) This Act provides for licensure of long term care | ||||||
| 2 | facilities that are federally designated as institutions for | ||||||
| 3 | the mentally diseased on the effective date of this Act and | ||||||
| 4 | specialize in providing services to individuals with a serious | ||||||
| 5 | mental illness. On and after the effective date of this Act, | ||||||
| 6 | these facilities shall be governed by this Act instead of the | ||||||
| 7 | Nursing Home Care Act. | ||||||
| 8 | (b) All consent decrees that apply to facilities federally | ||||||
| 9 | designated as institutions for the mentally diseased shall | ||||||
| 10 | continue to apply to facilities licensed under this Act.
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| 11 | Section 1-101.6. Mental health system planning. The | ||||||
| 12 | General Assembly finds the services contained in this Act are | ||||||
| 13 | necessary for the effective delivery of mental health services | ||||||
| 14 | for the citizens of the State of Illinois. The General Assembly | ||||||
| 15 | also finds that the mental health system in the State requires | ||||||
| 16 | further review to develop additional needed services. To ensure | ||||||
| 17 | the adequacy of community-based services and to offer choice to | ||||||
| 18 | all individuals with serious mental illness who choose to live | ||||||
| 19 | in the community, and for whom the community is the appropriate | ||||||
| 20 | setting, but are at risk of institutional care, the Governor | ||||||
| 21 | shall convene a working group to develop the process and | ||||||
| 22 | procedure for identifying needed services in the different | ||||||
| 23 | geographic regions of the State. The Governor shall include the | ||||||
| 24 | Division of Mental Health of the Department of Human Services, | ||||||
| 25 | the Department of Healthcare and Family Services, the | ||||||
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| 1 | Department of Public Health, community mental health | ||||||
| 2 | providers, statewide associations of mental health providers, | ||||||
| 3 | mental health advocacy groups, and any other entity as deemed | ||||||
| 4 | appropriate for participation in the working group. The | ||||||
| 5 | Department of Human Services shall provide staff and support to | ||||||
| 6 | this working group.
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| 7 | Section 1-102. Definitions. For the purposes of this Act, | ||||||
| 8 | unless the context otherwise requires: | ||||||
| 9 | "Accreditation" means any of the following: | ||||||
| 10 | (1) the Joint Commission; | ||||||
| 11 | (2) the Commission on Accreditation of Rehabilitation | ||||||
| 12 | Facilities; | ||||||
| 13 | (3) the Healthcare Facilities Accreditation Program; | ||||||
| 14 | or | ||||||
| 15 | (4) any other national standards of care as approved by | ||||||
| 16 | the Department. | ||||||
| 17 | "Applicant" means any person making application for a | ||||||
| 18 | license or a provisional license under this Act. | ||||||
| 19 | "Consumer" means a person, 18 years of age or older, | ||||||
| 20 | admitted to a mental health rehabilitation facility for | ||||||
| 21 | evaluation, observation, diagnosis, treatment, stabilization, | ||||||
| 22 | recovery, and rehabilitation. | ||||||
| 23 | "Consumer" does not mean any of the following: | ||||||
| 24 | (i) an individual requiring a locked setting; | ||||||
| 25 | (ii) an individual requiring psychiatric | ||||||
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| 1 | hospitalization because of an acute psychiatric crisis; | ||||||
| 2 | (iii) an individual under 18 years of age; | ||||||
| 3 | (iv) an individual who is actively suicidal or violent | ||||||
| 4 | toward others; | ||||||
| 5 | (v) an individual who has been found unfit to stand | ||||||
| 6 | trial; | ||||||
| 7 | (vi) an individual who has been found not guilty by | ||||||
| 8 | reason of insanity based on committing a violent act, such | ||||||
| 9 | as sexual assault, assault with a deadly weapon, arson, or | ||||||
| 10 | murder; | ||||||
| 11 | (vii) an individual subject to temporary detention and | ||||||
| 12 | examination under Section 3-607 of the Mental Health and | ||||||
| 13 | Developmental Disabilities Code; | ||||||
| 14 | (viii) an individual deemed clinically appropriate for | ||||||
| 15 | inpatient admission in a State psychiatric hospital; and | ||||||
| 16 | (ix) an individual transferred by the Department of | ||||||
| 17 | Corrections pursuant to Section 3-8-5 of the Unified Code | ||||||
| 18 | of Corrections. | ||||||
| 19 | "Consumer record" means a record that organizes all | ||||||
| 20 | information on the care, treatment, and rehabilitation | ||||||
| 21 | services rendered to a consumer in a specialized mental health | ||||||
| 22 | rehabilitation facility. | ||||||
| 23 | "Controlled drugs" means those drugs covered under the | ||||||
| 24 | federal Comprehensive Drug Abuse Prevention Control Act of | ||||||
| 25 | 1970, as amended, or the Illinois Controlled Substances Act. | ||||||
| 26 | "Department" means the Department of Public Health. | ||||||
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| 1 | "Discharge" means the full release of any consumer from a | ||||||
| 2 | facility. | ||||||
| 3 | "Drug administration" means the act in which a single dose | ||||||
| 4 | of a prescribed drug or biological is given to a consumer. The | ||||||
| 5 | complete act of administration entails removing an individual | ||||||
| 6 | dose from a container, verifying the dose with the prescriber's | ||||||
| 7 | orders, giving the individual dose to the consumer, and | ||||||
| 8 | promptly recording the time and dose given. | ||||||
| 9 | "Drug dispensing" means the act entailing the following of | ||||||
| 10 | a prescription order for a drug or biological and proper | ||||||
| 11 | selection, measuring, packaging, labeling, and issuance of the | ||||||
| 12 | drug or biological to a consumer. | ||||||
| 13 | "Emergency" means a situation, physical condition, or one | ||||||
| 14 | or more practices, methods, or operations which present | ||||||
| 15 | imminent danger of death or serious physical or mental harm to | ||||||
| 16 | consumers of a facility. | ||||||
| 17 | "Facility" means a specialized mental health | ||||||
| 18 | rehabilitation facility that provides at least one of the | ||||||
| 19 | following services: (1) triage; (2) crisis stabilization; (3) | ||||||
| 20 | recovery and rehabilitation supports; or (4) transitional | ||||||
| 21 | living units for 3 or more persons. The facility shall provide | ||||||
| 22 | a 24-hour program that provides intensive support and recovery | ||||||
| 23 | services designed to assist persons, 18 years or older, with | ||||||
| 24 | mental disorders to develop the skills to become | ||||||
| 25 | self-sufficient and capable of increasing levels of | ||||||
| 26 | independent functioning. It includes facilities that meet the | ||||||
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| 1 | following criteria: | ||||||
| 2 | (1) 100% of the consumer population of the facility has | ||||||
| 3 | a diagnosis of serious mental illness; | ||||||
| 4 | (2) no more than 15% of the consumer population of the | ||||||
| 5 | facility is 65 years of age or older; | ||||||
| 6 | (3) none of the consumers are non-ambulatory | ||||||
| 7 | (4) none of the consumers have a primary diagnosis of | ||||||
| 8 | moderate, severe, or profound intellectual disability; and | ||||||
| 9 | (5) the facility must have been licensed under the | ||||||
| 10 | Specialized Mental Health Rehabilitation Act or the | ||||||
| 11 | Nursing Home Care Act immediately preceding the effective | ||||||
| 12 | date of this Act and qualifies as a institute for mental | ||||||
| 13 | disease under the federal definition of the term. | ||||||
| 14 | "Facility" does not include the following: | ||||||
| 15 | (1) a home, institution, or place operated by the | ||||||
| 16 | federal government or agency thereof, or by the State of | ||||||
| 17 | Illinois; | ||||||
| 18 | (2) a hospital, sanitarium, or other institution whose | ||||||
| 19 | principal activity or business is the diagnosis, care, and | ||||||
| 20 | treatment of human illness through the maintenance and | ||||||
| 21 | operation as organized facilities therefor which is | ||||||
| 22 | required to be licensed under the Hospital Licensing Act; | ||||||
| 23 | (3) a facility for child care as defined in the Child | ||||||
| 24 | Care Act of 1969; | ||||||
| 25 | (4) a community living facility as defined in the | ||||||
| 26 | Community Living Facilities Licensing Act; | ||||||
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| 1 | (5) a nursing home or sanatorium operated solely by and | ||||||
| 2 | for persons who rely exclusively upon treatment by | ||||||
| 3 | spiritual means through prayer, in accordance with the | ||||||
| 4 | creed or tenets of any well-recognized church or religious | ||||||
| 5 | denomination; however, such nursing home or sanatorium | ||||||
| 6 | shall comply with all local laws and rules relating to | ||||||
| 7 | sanitation and safety; | ||||||
| 8 | (6) a facility licensed by the Department of Human | ||||||
| 9 | Services as a community-integrated living arrangement as | ||||||
| 10 | defined in the Community-Integrated Living Arrangements | ||||||
| 11 | Licensure and Certification Act; | ||||||
| 12 | (7) a supportive residence licensed under the | ||||||
| 13 | Supportive Residences Licensing Act; | ||||||
| 14 | (8) a supportive living facility in good standing with | ||||||
| 15 | the program established under Section 5-5.01a of the | ||||||
| 16 | Illinois Public Aid Code, except only for purposes of the | ||||||
| 17 | employment of persons in accordance with Section 3-206.01 | ||||||
| 18 | of the Nursing Home Care Act; | ||||||
| 19 | (9) an assisted living or shared housing establishment | ||||||
| 20 | licensed under the Assisted Living and Shared Housing Act, | ||||||
| 21 | except only for purposes of the employment of persons in | ||||||
| 22 | accordance with Section 3-206.01 of the Nursing Home Care | ||||||
| 23 | Act; | ||||||
| 24 | (10) an Alzheimer's disease management center | ||||||
| 25 | alternative health care model licensed under the | ||||||
| 26 | Alternative Health Care Delivery Act; | ||||||
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| 1 | (11) a home, institution, or other place operated by or | ||||||
| 2 | under the authority of the Illinois Department of Veterans' | ||||||
| 3 | Affairs; | ||||||
| 4 | (12) a facility licensed under the ID/DD Community Care | ||||||
| 5 | Act; or | ||||||
| 6 | (13) a facility licensed under the Nursing Home Care | ||||||
| 7 | Act after the effective date of this Act. | ||||||
| 8 | "Executive director" means a person who is charged with the | ||||||
| 9 | general administration and supervision of a facility licensed | ||||||
| 10 | under this Act. | ||||||
| 11 | "Guardian" means a person appointed as a guardian of the | ||||||
| 12 | person or guardian of the estate, or both, of a consumer under | ||||||
| 13 | the Probate Act of 1975. | ||||||
| 14 | "Transitional living units" are residential units within a | ||||||
| 15 | facility that have the purpose of assisting the consumer in | ||||||
| 16 | developing and reinforcing the necessary skills to live | ||||||
| 17 | independently outside of the facility. The duration of stay in | ||||||
| 18 | such a setting shall not exceed 120 days for each consumer. | ||||||
| 19 | Nothing in this definition shall be construed to be a | ||||||
| 20 | prerequisite for transitioning out of a facility. | ||||||
| 21 | "Licensee" means the person, persons, firm, partnership, | ||||||
| 22 | association, organization, company, corporation, or business | ||||||
| 23 | trust to which a license has been issued. | ||||||
| 24 | "Misappropriation of a consumer's property" means the | ||||||
| 25 | deliberate misplacement, exploitation, or wrongful temporary | ||||||
| 26 | or permanent use of a consumer's belongings or money without | ||||||
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| 1 | the consent of a consumer or his or her guardian. | ||||||
| 2 | "Neglect" means a facility's failure to provide, or willful | ||||||
| 3 | withholding of, adequate medical care, mental health | ||||||
| 4 | treatment, psychiatric rehabilitation, personal care, or | ||||||
| 5 | assistance that is necessary to avoid physical harm and mental | ||||||
| 6 | anguish of a consumer. | ||||||
| 7 | "Personal care" means assistance with meals, dressing, | ||||||
| 8 | movement, bathing, or other personal needs, maintenance, or | ||||||
| 9 | general supervision and oversight of the physical and mental | ||||||
| 10 | well-being of an individual who is incapable of maintaining a | ||||||
| 11 | private, independent residence or who is incapable of managing | ||||||
| 12 | his or her person, whether or not a guardian has been appointed | ||||||
| 13 | for such individual. "Personal care" shall not be construed to | ||||||
| 14 | confine or otherwise constrain a facility's pursuit to develop | ||||||
| 15 | the skills and abilities of a consumer to become | ||||||
| 16 | self-sufficient and capable of increasing levels of | ||||||
| 17 | independent functioning. | ||||||
| 18 | "Recovery and rehabilitation supports" means a program | ||||||
| 19 | that facilitates a consumer's longer-term symptom management | ||||||
| 20 | and stabilization while preparing the consumer for | ||||||
| 21 | transitional living units by improving living skills and | ||||||
| 22 | community socialization. The duration of stay in such a setting | ||||||
| 23 | shall be established by the Department by rule. | ||||||
| 24 | "Restraint" means: | ||||||
| 25 | (i) a physical restraint that is any manual method or
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| 26 | physical or mechanical device, material, or equipment | ||||||
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| 1 | attached or adjacent to a consumer's body that the consumer | ||||||
| 2 | cannot remove easily and restricts freedom of movement or | ||||||
| 3 | normal access to one's body; devices used for positioning, | ||||||
| 4 | including, but not limited to, bed rails, gait belts, and | ||||||
| 5 | cushions, shall not be considered to be restraints for | ||||||
| 6 | purposes of this Section; or | ||||||
| 7 | (ii) a chemical restraint that is any drug used for
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| 8 | discipline or convenience and not required to treat medical | ||||||
| 9 | symptoms; the Department shall, by rule, designate certain | ||||||
| 10 | devices as restraints, including at least all those devices | ||||||
| 11 | that have been determined to be restraints by the United | ||||||
| 12 | States Department of Health and Human Services in | ||||||
| 13 | interpretive guidelines issued for the purposes of | ||||||
| 14 | administering Titles XVIII and XIX of the federal Social | ||||||
| 15 | Security Act. For the purposes of this Act, restraint shall | ||||||
| 16 | be administered only after utilizing a coercive free | ||||||
| 17 | environment and culture. | ||||||
| 18 | "Self-administration of medication" means consumers shall | ||||||
| 19 | be responsible for the control, management, and use of their | ||||||
| 20 | own medication. | ||||||
| 21 | "Crisis stabilization" means a secure and separate unit | ||||||
| 22 | that provides short-term behavioral, emotional, or psychiatric | ||||||
| 23 | crisis stabilization as an alternative to hospitalization or | ||||||
| 24 | re-hospitalization for consumers from residential or community | ||||||
| 25 | placement. The duration of stay in such a setting shall not | ||||||
| 26 | exceed 21 days for each consumer. | ||||||
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| 1 | "Therapeutic separation" means the removal of a consumer | ||||||
| 2 | from the milieu to a room or area which is designed to aid in | ||||||
| 3 | the emotional or psychiatric stabilization of that consumer. | ||||||
| 4 | "Triage center" means a non-residential 23-hour center | ||||||
| 5 | that serves as an alternative to emergency room care, | ||||||
| 6 | hospitalization, or re-hospitalization for consumers in need | ||||||
| 7 | of short-term crisis stabilization.
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| 8 | ARTICLE 2. | ||||||
| 9 | GENERAL PROVISIONS | ||||||
| 10 | Section 2-101. Standards for facilities. The Department | ||||||
| 11 | shall, by rule, prescribe minimum standards for each level of | ||||||
| 12 | care for facilities to be in place during the provisional | ||||||
| 13 | licensure period and thereafter. These standards shall | ||||||
| 14 | include, but are not limited to, the following:
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| 15 | (1) life safety standards that will ensure the health, | ||||||
| 16 | safety and welfare of residents and their protection from | ||||||
| 17 | hazards;
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| 18 | (2) number and qualifications of all personnel, | ||||||
| 19 | including management and clinical personnel, having | ||||||
| 20 | responsibility for any part of the care given to consumers; | ||||||
| 21 | specifically, the Department shall establish staffing | ||||||
| 22 | ratios for facilities which shall specify the number of | ||||||
| 23 | staff hours per consumer of care that are needed for each | ||||||
| 24 | level of care offered within the facility;
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| 1 | (3) all sanitary conditions within the facility and its | ||||||
| 2 | surroundings, including water supply, sewage disposal, | ||||||
| 3 | food handling, and general hygiene which shall ensure the | ||||||
| 4 | health and comfort of consumers;
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| 5 | (4) a program for adequate maintenance of physical | ||||||
| 6 | plant and equipment;
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| 7 | (5) adequate accommodations, staff, and services for | ||||||
| 8 | the number and types of services being offered to consumers | ||||||
| 9 | for whom the facility is licensed to care; | ||||||
| 10 | (6) development of evacuation and other appropriate | ||||||
| 11 | safety plans for use during weather, health, fire, physical | ||||||
| 12 | plant, environmental, and national defense emergencies; | ||||||
| 13 | (7) maintenance of minimum financial or other | ||||||
| 14 | resources necessary to meet the standards established | ||||||
| 15 | under this Section, and to operate and conduct the facility | ||||||
| 16 | in accordance with this Act; and | ||||||
| 17 | (8) standards for coercive free environment, | ||||||
| 18 | restraint, and therapeutic separation.
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| 19 | Section 2-102. Staffing ratios. The Department shall | ||||||
| 20 | establish rules governing the minimum staffing levels and | ||||||
| 21 | staffing qualifications for facilities. In crafting the | ||||||
| 22 | staffing ratios, the Department shall take into account the | ||||||
| 23 | ambulatory nature and mental health of the population served in | ||||||
| 24 | the facilities. Staffing ratios shall be consistent with | ||||||
| 25 | national accreditation standards in behavioral health from a | ||||||
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| 1 | recognized national accreditation entity as set forth in the | ||||||
| 2 | definition of "accreditation" in Section 2-102. The rules shall | ||||||
| 3 | be created for each type of care offered at the facilities and | ||||||
| 4 | be crafted to address the different type of services offered. | ||||||
| 5 | The staffing ratios contained in the rules shall specifically | ||||||
| 6 | list the positions that are to be counted toward the staffing | ||||||
| 7 | ratio. In no case shall the staffing ratios contained in rule | ||||||
| 8 | be less than the following ratios: | ||||||
| 9 | (1) a staffing ratio of 3.6 hours of direct care for | ||||||
| 10 | crisis stabilization; | ||||||
| 11 | (2) a staffing ratio of 1.8 hours of direct care for | ||||||
| 12 | recovery and rehabilitation supports; and | ||||||
| 13 | (3) a staffing ratio of 1.6 hours of direct care for | ||||||
| 14 | transitional living.
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| 15 | Section 2-103. Staff training. Training for all new | ||||||
| 16 | employees specific to the various levels of care offered by a | ||||||
| 17 | facility shall be provided to employees during their | ||||||
| 18 | orientation period and annually thereafter. Training shall be | ||||||
| 19 | independent of the Department and overseen by the Division of | ||||||
| 20 | Mental Health to determine the content of all facility employee | ||||||
| 21 | training and to provide training for all trainers of facility | ||||||
| 22 | employees. Training of employees shall be consistent with | ||||||
| 23 | nationally recognized national accreditation standards as | ||||||
| 24 | defined later in this Act. Training shall be required for all | ||||||
| 25 | existing staff at a facility prior to the implementation of any | ||||||
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| 1 | new services authorized under this Act.
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| 2 | ARTICLE 3. | ||||||
| 3 | RIGHTS AND RESPONSIBILITIES | ||||||
| 4 | PART 1. | ||||||
| 5 | CONSUMER RIGHTS | ||||||
| 6 | Section 3-101. Consumers' rights. Consumers served by a | ||||||
| 7 | facility under this Act shall have all the rights guaranteed | ||||||
| 8 | pursuant to Chapter II, Article I of the Mental Health and | ||||||
| 9 | Developmental Disabilities Code, a list of which shall be | ||||||
| 10 | prominently posted in English and any other language | ||||||
| 11 | representing at least 5% of the county population in which the | ||||||
| 12 | specialized mental health rehabilitation facility is located.
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| 13 | Section 3-102. Financial affairs. A consumer shall be | ||||||
| 14 | permitted to manage his or her own financial affairs unless he | ||||||
| 15 | or she or his or her guardian authorizes the executive director | ||||||
| 16 | of the facility in writing to manage the consumer's financial | ||||||
| 17 | affairs.
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| 18 | Section 3-103. Consumers' moneys and possessions. To the | ||||||
| 19 | extent possible, each consumer shall be responsible for his or | ||||||
| 20 | her own moneys and personal property or possessions in his or | ||||||
| 21 | her own immediate living quarters unless deemed inappropriate | ||||||
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| 1 | by a physician or other facility clinician and so documented in | ||||||
| 2 | the consumer's record. In the event the moneys or possessions | ||||||
| 3 | of a consumer come under the supervision of the facility, | ||||||
| 4 | either voluntarily on the part of the consumer or so ordered by | ||||||
| 5 | a facility physician or other clinician, each facility to whom | ||||||
| 6 | a consumer's moneys or possessions have been entrusted shall | ||||||
| 7 | comply with the following: | ||||||
| 8 | (1) no facility shall commingle consumers' moneys or | ||||||
| 9 | possessions with those of the facility; consumers' moneys | ||||||
| 10 | and possessions shall be maintained separately, intact, | ||||||
| 11 | and free from any liability that the facility incurs in the | ||||||
| 12 | use of the facility's funds; | ||||||
| 13 | (2) the facility shall provide reasonably adequate | ||||||
| 14 | space for the possessions of the consumer; the facility | ||||||
| 15 | shall provide a means of safeguarding small items of value | ||||||
| 16 | for its consumers in their rooms or in any other part of | ||||||
| 17 | the facility so long as the consumers have reasonable and | ||||||
| 18 | adequate access to such possessions; and | ||||||
| 19 | (3) the facility shall make reasonable efforts to | ||||||
| 20 | prevent loss and theft of consumers' possessions; those | ||||||
| 21 | efforts shall be appropriate to the particular facility and | ||||||
| 22 | particular living setting within each facility and may | ||||||
| 23 | include staff training and monitoring, labeling | ||||||
| 24 | possessions, and frequent possession inventories; the | ||||||
| 25 | facility shall develop procedures for investigating | ||||||
| 26 | complaints concerning theft of consumers' possessions and | ||||||
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| 1 | shall promptly investigate all such complaints.
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| 2 | Section 3-104. Care, treatment, and records. Facilities | ||||||
| 3 | shall provide, at a minimum, the following services: physician, | ||||||
| 4 | nursing, pharmaceutical, rehabilitative, and dietary services. | ||||||
| 5 | To provide these services, the facility shall adhere to the | ||||||
| 6 | following: | ||||||
| 7 | (1) Each consumer shall be encouraged and assisted to | ||||||
| 8 | achieve and maintain the highest level of self-care and | ||||||
| 9 | independence. Every effort shall be made to keep consumers | ||||||
| 10 | active and out of bed for reasonable periods of time, | ||||||
| 11 | except when contraindicated by physician orders. | ||||||
| 12 | (2) Every consumer shall be engaged in a | ||||||
| 13 | person-centered planning process regarding his or her | ||||||
| 14 | total care and treatment. | ||||||
| 15 | (3) All medical treatment and procedures shall be | ||||||
| 16 | administered as ordered by a physician. All new physician | ||||||
| 17 | orders shall be reviewed by the facility's director of | ||||||
| 18 | nursing or charge nurse designee within 24 hours after such | ||||||
| 19 | orders have been issued to ensure facility compliance with | ||||||
| 20 | such orders. According to rules adopted by the Department, | ||||||
| 21 | every woman consumer of child bearing age shall receive | ||||||
| 22 | routine obstetrical and gynecological evaluations as well | ||||||
| 23 | as necessary prenatal care. | ||||||
| 24 | (4) Each consumer shall be provided with good nutrition | ||||||
| 25 | and with necessary fluids for hydration. | ||||||
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| 1 | (5) Each consumer shall be provided visual privacy | ||||||
| 2 | during treatment and personal care. | ||||||
| 3 | (6) Every consumer or consumer's guardian shall be | ||||||
| 4 | permitted to inspect and copy all his or her clinical and | ||||||
| 5 | other records concerning his or her care kept by the | ||||||
| 6 | facility or by his or her physician. The facility may | ||||||
| 7 | charge a reasonable fee for duplication of a record.
| ||||||
| 8 | Section 3-105. Supplemental Security Income. The | ||||||
| 9 | Department of Healthcare and Family Services shall explore | ||||||
| 10 | potential avenues to enable consumers to continue to receive | ||||||
| 11 | and possess a portion of, or their full, Supplemental Security | ||||||
| 12 | Income benefit while receiving services at a facility. The | ||||||
| 13 | Department of Healthcare and Family Services shall investigate | ||||||
| 14 | strategies that are most beneficial to the consumer and cost | ||||||
| 15 | effective for the State. The Department of Healthcare and | ||||||
| 16 | Family Services may implement a strategy to enable a consumer | ||||||
| 17 | to receive and possess a portion of, or his or her full, | ||||||
| 18 | Supplemental Security Income in administrative rule. This | ||||||
| 19 | Section is subject to the appropriation of the General | ||||||
| 20 | Assembly.
| ||||||
| 21 | Section 3-106. Pharmaceutical treatment. | ||||||
| 22 | (a) A consumer shall not be given unnecessary drugs. An | ||||||
| 23 | unnecessary drug is any drug used in an excessive dose, | ||||||
| 24 | including in duplicative therapy; for excessive duration; | ||||||
| |||||||
| |||||||
| 1 | without adequate monitoring; without adequate indications for | ||||||
| 2 | its use; or in the presence of adverse consequences that | ||||||
| 3 | indicate the drug should be reduced or discontinued. The | ||||||
| 4 | Department shall adopt, by rule, the standards for unnecessary | ||||||
| 5 | drugs. | ||||||
| 6 | (b) Informed consent shall be required for the prescription | ||||||
| 7 | of psychotropic medication consistent with the requirements | ||||||
| 8 | contained in subsection (b) of Section 2-106.1 of the Nursing | ||||||
| 9 | Home Care Act.
| ||||||
| 10 | (c) No drug shall be administered except upon the order of | ||||||
| 11 | a person lawfully authorized to prescribe for and treat mental | ||||||
| 12 | illness. | ||||||
| 13 | (d) All drug orders shall be written, dated, and signed by | ||||||
| 14 | the person authorized to give such an order. The name, | ||||||
| 15 | quantity, or specific duration of therapy, dosage, and time or | ||||||
| 16 | frequency of administration of the drug and the route of | ||||||
| 17 | administration if other than oral shall be specific. | ||||||
| 18 | (e) Verbal orders for drugs and treatment shall be received | ||||||
| 19 | only by those authorized to do so from their supervising | ||||||
| 20 | physician. Such orders shall be recorded immediately in the | ||||||
| 21 | consumer's record by the person receiving the order and shall | ||||||
| 22 | include the date and time of the order.
| ||||||
| 23 | Section 3-107. Abuse or neglect; duty to report. A | ||||||
| 24 | licensee, executive director, employee, or agent of a facility | ||||||
| 25 | shall not abuse or neglect a consumer. It is the duty of any | ||||||
| |||||||
| |||||||
| 1 | facility employee or agent who becomes aware of such abuse or | ||||||
| 2 | neglect to report it.
| ||||||
| 3 | Section 3-108. Communications; visits. Every consumer, | ||||||
| 4 | except those in triage or crisis stabilization, shall be | ||||||
| 5 | permitted unimpeded, private, and uncensored communication of | ||||||
| 6 | his or her choice by mail, telephone, Internet, or visitation. | ||||||
| 7 | The executive director shall ensure that correspondence is | ||||||
| 8 | conveniently received and reasonably accessible. | ||||||
| 9 | The executive director shall ensure that consumers may have | ||||||
| 10 | private visits at any reasonable hour unless such visits are | ||||||
| 11 | restricted due to the treatment plan of the consumer. | ||||||
| 12 | The executive director shall ensure that space for visits | ||||||
| 13 | is available and that facility personnel knock, except in an | ||||||
| 14 | emergency, before entering any consumer's room during such | ||||||
| 15 | visits.
| ||||||
| 16 | Section 3-109. Religion. A consumer shall be permitted the | ||||||
| 17 | free exercise of religion. Upon a consumer's request, and if | ||||||
| 18 | necessary, at the consumer's expense, the executive director | ||||||
| 19 | may make arrangements for a consumer's attendance at religious | ||||||
| 20 | services of the consumer's choice. However, no religious | ||||||
| 21 | beliefs or practices or attendance at religious services may be | ||||||
| 22 | imposed upon any consumer.
| ||||||
| 23 | Section 3-110. Access to consumers. | ||||||
| |||||||
| |||||||
| 1 | (a) Any employee or agent of a public agency, any | ||||||
| 2 | representative of a community legal services program, or any | ||||||
| 3 | other member of the general public shall be permitted access at | ||||||
| 4 | reasonable hours to any individual consumer of any facility, | ||||||
| 5 | unless the consumer is receiving care and treatment in triage | ||||||
| 6 | or crisis stabilization. | ||||||
| 7 | (b) All persons entering a facility under this Section | ||||||
| 8 | shall promptly notify appropriate facility personnel of their | ||||||
| 9 | presence. They shall, upon request, produce identification to | ||||||
| 10 | establish their identity. No such person shall enter the | ||||||
| 11 | immediate living area of any consumer without first identifying | ||||||
| 12 | himself or herself and then receiving permission from the | ||||||
| 13 | consumer to enter. The rights of other consumers present in the | ||||||
| 14 | room shall be respected. A consumer may terminate at any time a | ||||||
| 15 | visit by a person having access to the consumer's living area | ||||||
| 16 | under this Section. | ||||||
| 17 | (c) This Section shall not limit the power of the | ||||||
| 18 | Department or other public agency otherwise permitted or | ||||||
| 19 | required by law to enter and inspect a facility. | ||||||
| 20 | (d) Notwithstanding subsection (a) of this Section, the | ||||||
| 21 | executive director of a facility may refuse access to the | ||||||
| 22 | facility to any person if the presence of that person in the | ||||||
| 23 | facility would be injurious to the health and safety of a | ||||||
| 24 | consumer or would threaten the security of the property of a | ||||||
| 25 | consumer or the facility, or if the person seeks access to the | ||||||
| 26 | facility for commercial purposes. | ||||||
| |||||||
| |||||||
| 1 | (e) Nothing in this Section shall be construed to conflict | ||||||
| 2 | with, or infringe upon, any court orders or consent decrees | ||||||
| 3 | regarding access.
| ||||||
| 4 | Section 3-111. Discharge. A consumer may be discharged from | ||||||
| 5 | a facility after he or she gives the executive director, a | ||||||
| 6 | physician, or a nurse of the facility written notice of the | ||||||
| 7 | desire to be discharged. If a guardian has been appointed for a | ||||||
| 8 | consumer, the consumer shall be discharged upon written consent | ||||||
| 9 | of his or her guardian. In the event of a requested consumer | ||||||
| 10 | discharge, the facility is relieved from any responsibility for | ||||||
| 11 | the consumer's care, safety, and well-being upon the consumer's | ||||||
| 12 | discharge.
| ||||||
| 13 | Section 3-112. Grievances. A consumer shall be permitted to | ||||||
| 14 | present grievances on behalf of himself or herself or others to | ||||||
| 15 | the executive director, the consumers' advisory council, State | ||||||
| 16 | governmental agencies, or other persons without threat of | ||||||
| 17 | discharge or reprisal in any form or manner whatsoever. The | ||||||
| 18 | executive director shall provide all consumers or their | ||||||
| 19 | representatives with the name, address, and telephone number of | ||||||
| 20 | the appropriate State governmental office where complaints may | ||||||
| 21 | be lodged.
| ||||||
| 22 | Section 3-113. Labor. A consumer may refuse to perform | ||||||
| 23 | labor for a facility.
| ||||||
| |||||||
| |||||||
| 1 | Section 3-114. Unlawful discrimination. No consumer shall | ||||||
| 2 | be subjected to unlawful discrimination as defined in Section | ||||||
| 3 | 1-103 of the Illinois Human Rights Act by any owner, licensee, | ||||||
| 4 | executive director, employee, or agent of a facility. Unlawful | ||||||
| 5 | discrimination does not include an action by any licensee, | ||||||
| 6 | executive director, employee, or agent of a facility that is | ||||||
| 7 | required by this Act or rules adopted under this Act.
| ||||||
| 8 | PART 2. | ||||||
| 9 | RESPONSIBILITIES | ||||||
| 10 | Section 3-201. Screening prior to admission. Standards for | ||||||
| 11 | screening prior to admission into a facility under this Act | ||||||
| 12 | shall be established by rule. The rules shall recognize the | ||||||
| 13 | different levels of care provided by these facilities, | ||||||
| 14 | including, but not limited to, the following: | ||||||
| 15 | (1) triage units; | ||||||
| 16 | (2) crisis stabilization; | ||||||
| 17 | (3) recovery and rehabilitation supports; or | ||||||
| 18 | (4) transitional living units.
| ||||||
| 19 | Section 3-203. Consumers' advisory council. Each facility | ||||||
| 20 | shall establish a consumers' advisory council. The executive | ||||||
| 21 | director shall designate a member of the facility staff to | ||||||
| 22 | coordinate the establishment of, and render assistance to, the | ||||||
| |||||||
| |||||||
| 1 | council. | ||||||
| 2 | (1) The composition of the consumers' advisory council | ||||||
| 3 | shall be specified by rule, but no employee or affiliate of | ||||||
| 4 | a facility shall be a member of the council. | ||||||
| 5 | (2) The council shall meet at least once each month | ||||||
| 6 | with the staff coordinator who shall provide assistance to | ||||||
| 7 | the council in preparing and disseminating a report of each | ||||||
| 8 | meeting to all consumers, the executive director, and the | ||||||
| 9 | staff. | ||||||
| 10 | (3) Records of council meetings shall be maintained in | ||||||
| 11 | the office of the executive director. | ||||||
| 12 | (4) The consumers' advisory council may communicate to | ||||||
| 13 | the executive director the opinions and concerns of the | ||||||
| 14 | consumers. The council shall review procedures for | ||||||
| 15 | implementing consumer rights and facility responsibilities | ||||||
| 16 | and make recommendations for changes or additions that will | ||||||
| 17 | strengthen the facility's policies and procedures as they | ||||||
| 18 | affect consumer rights and facility responsibilities. | ||||||
| 19 | (5) The council shall be a forum for: | ||||||
| 20 | (A) obtaining and disseminating information; | ||||||
| 21 | (B) soliciting and adopting recommendations for | ||||||
| 22 | facility programming and improvements; and | ||||||
| 23 | (C) early identification and for recommending | ||||||
| 24 | orderly resolution of problems. | ||||||
| 25 | (6) The council may present complaints on behalf of a | ||||||
| 26 | consumer to the Department or to any other person it | ||||||
| |||||||
| |||||||
| 1 | considers appropriate.
| ||||||
| 2 | Section 3-205. Disclosure of information to public. | ||||||
| 3 | Standards for the disclosure of information to the public shall | ||||||
| 4 | be established by rule. These information disclosure standards | ||||||
| 5 | shall include, but are not limited to, the following: staffing | ||||||
| 6 | and personnel levels, licensure and inspection information, | ||||||
| 7 | national accreditation information, cost and reimbursement | ||||||
| 8 | information, and consumer complaint information. Rules for the | ||||||
| 9 | public disclosure of information shall be in accordance with | ||||||
| 10 | the provisions for inspection and copying of public records in | ||||||
| 11 | the Freedom of Information Act.
| ||||||
| 12 | Section 3-206. Confidentiality of records. | ||||||
| 13 | (a) The Department shall respect the confidentiality of a | ||||||
| 14 | consumer's record and shall not divulge or disclose the | ||||||
| 15 | contents of a record in a manner that identifies a consumer, | ||||||
| 16 | except upon a consumer's death to a relative or guardian or | ||||||
| 17 | under judicial proceedings. This Section shall not be construed | ||||||
| 18 | to limit the right of a consumer to inspect or copy the | ||||||
| 19 | consumer's own records. | ||||||
| 20 | (b) Confidential medical, social, personal, or financial | ||||||
| 21 | information identifying a consumer shall not be available for | ||||||
| 22 | public inspection in a manner that identifies a consumer.
| ||||||
| 23 | Section 3-207. Notice of imminent death. A facility shall | ||||||
| |||||||
| |||||||
| 1 | immediately notify the consumer's next of kin, representative, | ||||||
| 2 | and physician of the consumer's death or when the consumer's | ||||||
| 3 | death appears to be imminent.
| ||||||
| 4 | Section 3-208. Policies and procedures. A facility shall | ||||||
| 5 | establish written policies and procedures to implement the | ||||||
| 6 | responsibilities and rights provided under this Article. The | ||||||
| 7 | policies shall include the procedure for the investigation and | ||||||
| 8 | resolution of consumer complaints. The policies and procedures | ||||||
| 9 | shall be clear and unambiguous and shall be available for | ||||||
| 10 | inspection by any person. A summary of the policies and | ||||||
| 11 | procedures, printed in not less than 12-point font, shall be | ||||||
| 12 | distributed to each consumer and representative.
| ||||||
| 13 | Section 3-209. Explanation of rights. Each consumer and | ||||||
| 14 | consumer's guardian or other person acting on behalf of the | ||||||
| 15 | consumer shall be given a written explanation of all of his or | ||||||
| 16 | her rights. The explanation shall be given at the time of | ||||||
| 17 | admission to a facility or as soon thereafter as the condition | ||||||
| 18 | of the consumer permits, but in no event later than 48 hours | ||||||
| 19 | after admission and again at least annually thereafter. At the | ||||||
| 20 | time of the implementation of this Act, each consumer shall be | ||||||
| 21 | given a written summary of all of his or her rights. If a | ||||||
| 22 | consumer is unable to read such written explanation, it shall | ||||||
| 23 | be read to the consumer in a language the consumer understands.
| ||||||
| |||||||
| |||||||
| 1 | Section 3-210. Staff familiarity with rights and | ||||||
| 2 | responsibilities. The facility shall ensure that its staff is | ||||||
| 3 | familiar with and observes the rights and responsibilities | ||||||
| 4 | enumerated in this Article.
| ||||||
| 5 | Section 3-211. Vaccinations. | ||||||
| 6 | (a) A facility shall annually administer or arrange for | ||||||
| 7 | administration of a vaccination against influenza to each | ||||||
| 8 | consumer, in accordance with the recommendations of the | ||||||
| 9 | Advisory Committee on Immunization Practices of the Centers for | ||||||
| 10 | Disease Control and Prevention that are most recent to the time | ||||||
| 11 | of vaccination, unless the vaccination is medically | ||||||
| 12 | contraindicated or the consumer has refused the vaccine. | ||||||
| 13 | (b) All persons seeking admission to a facility shall be | ||||||
| 14 | verbally screened for risk factors associated with hepatitis B, | ||||||
| 15 | hepatitis C, and the Human Immunodeficiency Virus (HIV) | ||||||
| 16 | according to guidelines established by the U.S. Centers for | ||||||
| 17 | Disease Control and Prevention. Persons who are identified as | ||||||
| 18 | being at high risk for hepatitis B, hepatitis C, or HIV shall | ||||||
| 19 | be offered an opportunity to undergo laboratory testing in | ||||||
| 20 | order to determine infection status if they will be admitted to | ||||||
| 21 | the facility for at least 7 days and are not known to be | ||||||
| 22 | infected with any of the listed viruses. All HIV testing shall | ||||||
| 23 | be conducted in compliance with the AIDS Confidentiality Act. | ||||||
| 24 | All persons determined to be susceptible to the hepatitis B | ||||||
| 25 | virus shall be offered immunization within 10 days after | ||||||
| |||||||
| |||||||
| 1 | admission to any facility. A facility shall document in the | ||||||
| 2 | consumer's medical record that he or she was verbally screened | ||||||
| 3 | for risk factors associated with hepatitis B, hepatitis C, and | ||||||
| 4 | HIV, and whether or not the consumer was immunized against | ||||||
| 5 | hepatitis B.
| ||||||
| 6 | Section 3-212. Order for transportation of consumer by | ||||||
| 7 | ambulance. If a facility orders transportation of a consumer of | ||||||
| 8 | the facility by ambulance, then the facility must maintain a | ||||||
| 9 | written record that shows (i) the name of the person who placed | ||||||
| 10 | the order for that transportation and (ii) the medical reason | ||||||
| 11 | for that transportation.
| ||||||
| 12 | ARTICLE 4. | ||||||
| 13 | LICENSING AND ACCREDITATION | ||||||
| 14 | PART 1. | ||||||
| 15 | LICENSING | ||||||
| 16 | Section 4-101. Licensure system. The Department shall be | ||||||
| 17 | the sole agency responsible for licensure and shall establish a | ||||||
| 18 | comprehensive system of licensure for facilities in accordance | ||||||
| 19 | with this Act for the purpose of: | ||||||
| 20 | (1) protecting the health, welfare, and safety of | ||||||
| 21 | consumers; and | ||||||
| 22 | (2) ensuring the accountability for reimbursed care | ||||||
| |||||||
| |||||||
| 1 | provided in facilities.
| ||||||
| 2 | Section 4-102. Necessity of license. No person may | ||||||
| 3 | establish, operate, maintain, offer, or advertise a facility | ||||||
| 4 | within this State unless and until he or she obtains a valid | ||||||
| 5 | license therefor as hereinafter provided, which license | ||||||
| 6 | remains unsuspended, unrevoked, and unexpired. No public | ||||||
| 7 | official or employee may place any person in, or recommend that | ||||||
| 8 | any person be in, or directly or indirectly cause any person to | ||||||
| 9 | be placed in any facility that is being operated without a | ||||||
| 10 | valid license. All licenses and licensing procedures | ||||||
| 11 | established under Article III of the Nursing Home Care Act, | ||||||
| 12 | except those contained in Section 3-202, shall be deemed valid | ||||||
| 13 | under this Act until the Department establishes licensure. The | ||||||
| 14 | Department is granted the authority under this Act to establish | ||||||
| 15 | provisional licensure and licensing procedures under this Act | ||||||
| 16 | by emergency rule and shall do so within 120 days of the | ||||||
| 17 | effective date of this Act.
| ||||||
| 18 | Section 4-103. Provisional licensure emergency rules. The | ||||||
| 19 | Department, in consultation with the Division of Mental Health | ||||||
| 20 | of the Department of Human Services and the Department of | ||||||
| 21 | Healthcare and Family Services, is granted the authority under | ||||||
| 22 | this Act to establish provisional licensure and licensing | ||||||
| 23 | procedures by emergency rule. The Department shall file | ||||||
| 24 | emergency rules concerning provisional licensure under this | ||||||
| |||||||
| |||||||
| 1 | Act within 120 days after the effective date of this Act. The | ||||||
| 2 | rules to be filed for provisional licensure shall be for a | ||||||
| 3 | period of 3 years, beginning with the adoption date of the | ||||||
| 4 | emergency rules establishing the provisional license, and | ||||||
| 5 | shall not be extended beyond the date of 3 years after the | ||||||
| 6 | effective date of the emergency rules creating the provisional | ||||||
| 7 | license and licensing process. Rules governing the provisional | ||||||
| 8 | license and licensing process shall contain rules for the | ||||||
| 9 | different levels of care offered by the facilities authorized | ||||||
| 10 | under this Act and shall address each type of care hereafter | ||||||
| 11 | enumerated: | ||||||
| 12 | (1) triage units; | ||||||
| 13 | (2) crisis stabilization; | ||||||
| 14 | (3) recovery and rehabilitation supports; | ||||||
| 15 | (4) transitional living units; or | ||||||
| 16 | (5) other intensive treatment and stabilization | ||||||
| 17 | programs designed and developed in collaboration with the | ||||||
| 18 | Department.
| ||||||
| 19 | Section 4-104. Provisional licensure requirements. Rules | ||||||
| 20 | governing the provisional license and licensing process shall | ||||||
| 21 | address, at a minimum, the following provisions: | ||||||
| 22 | (1) mandatory community agency linkage; | ||||||
| 23 | (2) discharge and transition planning; | ||||||
| 24 | (3) non-residential triage and stabilization center | ||||||
| 25 | requirements; | ||||||
| |||||||
| |||||||
| 1 | (4) crisis stabilization; | ||||||
| 2 | (5) transitional living units; | ||||||
| 3 | (6) recovery and rehabilitation supports; | ||||||
| 4 | (7) therapeutic activity and leisure training program; | ||||||
| 5 | (8) admission policies; | ||||||
| 6 | (9) consumer admission and assessment requirements; | ||||||
| 7 | (10) screening and consumer background checks; | ||||||
| 8 | (11) consumer records; | ||||||
| 9 | (12) informed consent; | ||||||
| 10 | (13) individualized treatment plan; | ||||||
| 11 | (14) consumer rights and confidentiality; | ||||||
| 12 | (15) safeguard of consumer funds; | ||||||
| 13 | (16) restraints and therapeutic separation; | ||||||
| 14 | (17) employee personnel policies and records; | ||||||
| 15 | (18) employee health evaluation; | ||||||
| 16 | (19) health care worker background check; | ||||||
| 17 | (20) required professional job positions; | ||||||
| 18 | (21) consultation and training; | ||||||
| 19 | (22) quality assessment and performance improvement; | ||||||
| 20 | (23) consumer information; | ||||||
| 21 | (24) reporting of unusual occurrences; | ||||||
| 22 | (25) abuse and reporting to local law enforcement; | ||||||
| 23 | (26) fire safety and disaster preparedness; | ||||||
| 24 | (27) required support services, including, but not | ||||||
| 25 | limited to, physician, health, pharmaceutical, infection | ||||||
| 26 | control, dietetic, dental, and environmental; | ||||||
| |||||||
| |||||||
| 1 | (28) enhanced services requests and program | ||||||
| 2 | flexibility requests; | ||||||
| 3 | (29) participation in a managed care entity, a | ||||||
| 4 | coordinated care entity, or an accountable care entity; and | ||||||
| 5 | (30) appropriate fines and sanctions associated with | ||||||
| 6 | violations of laws, rules, or regulations.
| ||||||
| 7 | Section 4-105. Provisional licensure duration. A | ||||||
| 8 | provisional license shall be valid upon fulfilling the | ||||||
| 9 | requirements established by the Department by emergency rule. | ||||||
| 10 | The license shall remain valid as long as a facility remains in | ||||||
| 11 | compliance with the licensure provisions established in rule. | ||||||
| 12 | The provisional license shall expire when the administrative | ||||||
| 13 | rule established by the Department for provisional licensure | ||||||
| 14 | expires at the end of a 3-year period.
| ||||||
| 15 | Section 4-106. Provisional licensure outcomes. The | ||||||
| 16 | Department of Healthcare and Family Services, in conjunction | ||||||
| 17 | with the Division of Mental Health of the Department of Human | ||||||
| 18 | Services and the Department of Public Health, shall establish a | ||||||
| 19 | methodology by which financial and clinical data are reported | ||||||
| 20 | and monitored from each program that is implemented in a | ||||||
| 21 | facility after the effective date of this Act. The Department | ||||||
| 22 | of Healthcare and Family Services shall work in concert with a | ||||||
| 23 | managed care entity, a care coordination entity, or an | ||||||
| 24 | accountable care entity to gather the data necessary to report | ||||||
| |||||||
| |||||||
| 1 | and monitor the progress of the services offered under this | ||||||
| 2 | Act.
| ||||||
| 3 | Section 4-107. Provisional licensure period completion. | ||||||
| 4 | After the provisional licensure period is completed, no | ||||||
| 5 | individual with mental illness whose service plan provides for | ||||||
| 6 | placement in community-based settings shall be housed or | ||||||
| 7 | offered placement in a facility at public expense unless, after | ||||||
| 8 | being fully informed, he or she declines the opportunity to | ||||||
| 9 | receive services in a community-based setting.
| ||||||
| 10 | Section 4-108. Surveys and inspections. The Department | ||||||
| 11 | shall conduct surveys of licensed facilities and their | ||||||
| 12 | certified programs and services. The Department shall review | ||||||
| 13 | the records or premises, or both, as it deems appropriate for | ||||||
| 14 | the purpose of determining compliance with this Act. | ||||||
| 15 | (1) The Department shall conduct scheduled surveys to | ||||||
| 16 | determine compliance and may conduct unscheduled surveys | ||||||
| 17 | to investigate complaints. | ||||||
| 18 | (2) Determination of compliance with the service | ||||||
| 19 | requirements shall be based on a survey centered on | ||||||
| 20 | individuals that sample services being provided. | ||||||
| 21 | (3) Determination of compliance with the general | ||||||
| 22 | administrative requirements shall be based on a review of | ||||||
| 23 | facility records and observation of individuals and staff.
| ||||||
| |||||||
| |||||||
| 1 | Section 4-109. License sanctions and revocation. | ||||||
| 2 | (a) The Department may revoke a license at any time if the | ||||||
| 3 | licensee: | ||||||
| 4 | (1) fails to correct deficiencies identified as a | ||||||
| 5 | result of an on-site survey by the Department or fails to | ||||||
| 6 | submit a plan of correction within 30 days after receipt of | ||||||
| 7 | the notice of violation; | ||||||
| 8 | (2) submits false information either on Department | ||||||
| 9 | forms, required certifications, plans of correction or | ||||||
| 10 | during an on-site inspection; | ||||||
| 11 | (3) refuses to permit or participate in a scheduled or | ||||||
| 12 | unscheduled survey; or
| ||||||
| 13 | (4) willfully violates any rights of individuals being | ||||||
| 14 | served.
| ||||||
| 15 | (b) The Department may refuse to license or relicense a | ||||||
| 16 | facility if the owner or authorized representative or licensee | ||||||
| 17 | has been convicted of a felony related to the provision of | ||||||
| 18 | healthcare or mental health services, as shown by a certified | ||||||
| 19 | copy of the court of conviction. | ||||||
| 20 | (c) Facilities, as a result of an on-site survey, shall be | ||||||
| 21 | recognized according to levels of compliance with standards as | ||||||
| 22 | set forth in this Act. Facilities with findings from Level 1 to | ||||||
| 23 | Level 3 will be considered to be in good standing with the | ||||||
| 24 | Department. Findings from Level 3 to Level 5 will result in a | ||||||
| 25 | notice of violations, a plan of correction and defined | ||||||
| 26 | sanctions. Findings resulting in Level 6 will result in a | ||||||
| |||||||
| |||||||
| 1 | notice of violations and defined sanction. The levels of | ||||||
| 2 | compliance are:
| ||||||
| 3 | (1) Level 1: Full compliance with the standards of this | ||||||
| 4 | Part.
| ||||||
| 5 | (2) Level 2: Acceptable compliance with the standards. | ||||||
| 6 | No written plan of correction will be required from the | ||||||
| 7 | licensee. | ||||||
| 8 | (3) Level 3: Partial compliance with the standards. An | ||||||
| 9 | administrative warning is issued. The licensee shall | ||||||
| 10 | submit a written plan of correction.
| ||||||
| 11 | (4) Level 4: Minimal compliance with the standards. The | ||||||
| 12 | licensee shall submit a written plan of correction, and the | ||||||
| 13 | Department will issue a probationary license. A re-survey | ||||||
| 14 | shall occur within 90 days.
| ||||||
| 15 | (5) Level 5: Unsatisfactory compliance with the | ||||||
| 16 | standards. The agency shall submit a written plan of | ||||||
| 17 | correction, and the Department will issue a restricted | ||||||
| 18 | license. A resurvey shall occur within 60 days.
| ||||||
| 19 | (6) Level 6: Revocation of the license to provide | ||||||
| 20 | services. Revocation may occur as a result of a licensee's | ||||||
| 21 | consistent and repeated failure to take necessary | ||||||
| 22 | corrective actions to rectify documented violations, or | ||||||
| 23 | the failure to protect clients from situations that produce | ||||||
| 24 | an imminent risk.
| ||||||
| 25 | (d) Prior to initiating formal action to sanction a | ||||||
| 26 | license, the Department shall allow the licensee an opportunity | ||||||
| |||||||
| |||||||
| 1 | to take corrective action to eliminate or ameliorate a | ||||||
| 2 | violation of this Act except in cases in which the Department | ||||||
| 3 | determines that emergency action is necessary to protect the | ||||||
| 4 | public or individual interest, safety, or welfare. | ||||||
| 5 | (e) Subsequent to an on-site survey, the Department shall | ||||||
| 6 | issue a written notice to the licensee. The Department shall | ||||||
| 7 | specify the particular Sections of this Part, if any, with | ||||||
| 8 | which the agency is not compliant. The Department's notice | ||||||
| 9 | shall require any corrective actions be taken within a | ||||||
| 10 | specified time period as required by this Act. | ||||||
| 11 | (f) Sanctions shall be imposed according to the following | ||||||
| 12 | definitions: | ||||||
| 13 | (1) Administrative notice: A written notice issued by | ||||||
| 14 | the Department that specifies rule violations requiring a | ||||||
| 15 | written plan of correction with time frames for corrections | ||||||
| 16 | to be made and a notice that any additional violation of | ||||||
| 17 | this Part may result in a higher level sanction. (Level 3) | ||||||
| 18 | (2) Probation: Compliance with standards is minimally | ||||||
| 19 | acceptable and necessitates immediate corrective action. | ||||||
| 20 | Individuals' life safety or quality of care are not in | ||||||
| 21 | jeopardy. The probationary period is time limited to 90 | ||||||
| 22 | days. During the probationary period, the agency must make | ||||||
| 23 | corrective changes sufficient to bring the agency back into | ||||||
| 24 | good standing with the Department. Failure to make | ||||||
| 25 | corrective changes within that given time frame may result | ||||||
| 26 | in a determination to initiate a higher-level sanction. The | ||||||
| |||||||
| |||||||
| 1 | admission of new individuals shall be prohibited during the | ||||||
| 2 | probationary period. (Level 4) | ||||||
| 3 | (3) Restricted license: A licensee is sanctioned for | ||||||
| 4 | unsatisfactory compliance. The admission of new | ||||||
| 5 | individuals shall be prohibited during the restricted | ||||||
| 6 | licensure period. Corrective action sufficient to bring | ||||||
| 7 | the licensee back into good standing with the Department | ||||||
| 8 | must be taken within 60 days. During the restricted | ||||||
| 9 | licensure period a monitor will be assigned to oversee the | ||||||
| 10 | progress of the agency in taking corrective action. If | ||||||
| 11 | corrective actions are not taken, the agency will be | ||||||
| 12 | subject to a higher-level sanction. (Level 5) | ||||||
| 13 | (4) Revocation: Revocation of the license is | ||||||
| 14 | withdrawal by formal actions of the license. The revocation | ||||||
| 15 | shall be in effect until such time that the provider | ||||||
| 16 | submits a re-application and the licensee can demonstrate | ||||||
| 17 | its ability to operate in good standing with the | ||||||
| 18 | Department. The Department has the right not to reinstate a | ||||||
| 19 | license. If revocation occurs as a result of imminent risk, | ||||||
| 20 | all individuals shall be immediately relocated and all | ||||||
| 21 | funding will be transferred. (Level 6)
| ||||||
| 22 | (5) Financial penalty: A financial penalty may be | ||||||
| 23 | imposed upon finding of violation in any one or combination | ||||||
| 24 | of the provisions of this Act. In determining an | ||||||
| 25 | appropriate financial penalty, the Department may consider | ||||||
| 26 | the deterrent effect of the penalty on the organization and | ||||||
| |||||||
| |||||||
| 1 | on other providers, the nature of the violation, the degree | ||||||
| 2 | to which the violation resulted in a benefit to the | ||||||
| 3 | organization or harm to the public, and any other relevant | ||||||
| 4 | factor to be examined in mitigation or aggravation of the | ||||||
| 5 | organization's conduct. The financial penalty may be | ||||||
| 6 | imposed in conjunction with other sanctions or separately. | ||||||
| 7 | Higher level sanctions may be imposed in situations where | ||||||
| 8 | there are repeat violations.
| ||||||
| 9 | Section 4-110. Citation review and appeal procedures. | ||||||
| 10 | (a) Upon receipt of Level 3 to 6 citations, the licensee | ||||||
| 11 | may provide additional written information and argument | ||||||
| 12 | disputing the citation with 10 working days. The Department | ||||||
| 13 | shall respond within 20 days to the licensee's disputation. | ||||||
| 14 | (b) If a licensee contests the Department's decision | ||||||
| 15 | regarding a Level 4 to 6 citation or penalty, it can request a | ||||||
| 16 | hearing by submitting a written request within 20 working days | ||||||
| 17 | of the Department's dispute resolution decision. The | ||||||
| 18 | Department shall notify the licensee of the time and place of | ||||||
| 19 | the hearing not less than 14 days prior to the hearing date. | ||||||
| 20 | (c) A license may not be denied or revoked unless the | ||||||
| 21 | licensee is given written notice of the grounds for the | ||||||
| 22 | Department's action. Except when revocation of a license is | ||||||
| 23 | based on imminent risk, the facility or program whose license | ||||||
| 24 | has been revoked may operate and receive reimbursement for | ||||||
| 25 | services during the period preceding the hearing, until such | ||||||
| |||||||
| |||||||
| 1 | time as a final decision is made.
| ||||||
| 2 | PART 2. | ||||||
| 3 | ACCREDITATION | ||||||
| 4 | Section 4-201. Accreditation and licensure. At the end of | ||||||
| 5 | the provisional licensure period established in Article 3, Part | ||||||
| 6 | 1 of this Act, the Department shall license a facility as a | ||||||
| 7 | specialized mental health rehabilitation facility under this | ||||||
| 8 | Act that successfully completes and obtains valid national | ||||||
| 9 | accreditation in behavioral health from a recognized national | ||||||
| 10 | accreditation entity and complies with licensure standards as | ||||||
| 11 | established by the Department of Public Health in | ||||||
| 12 | administrative rule. Rules governing licensure standards shall | ||||||
| 13 | include, but not be limited to, appropriate fines and sanctions | ||||||
| 14 | associated with violations of laws or regulations. The | ||||||
| 15 | following shall be considered to be valid national | ||||||
| 16 | accreditation in behavioral health from an national | ||||||
| 17 | accreditation entity: | ||||||
| 18 | (1) the Joint Commission; | ||||||
| 19 | (2) the Commission on Accreditation of Rehabilitation | ||||||
| 20 | Facilities; | ||||||
| 21 | (3) the Healthcare Facilities Accreditation Program; | ||||||
| 22 | or | ||||||
| 23 | (4) any other national standards of care as approved by | ||||||
| 24 | the Department.
| ||||||
| |||||||
| |||||||
| 1 | ARTICLE 5. | ||||||
| 2 | FACILITY PAYMENT | ||||||
| 3 | Section 5-101. Managed care entity, coordinated care | ||||||
| 4 | entity, and accountable care entity payments. For facilities | ||||||
| 5 | licensed by the Department of Public Health under this Act, the | ||||||
| 6 | payment for services provided shall be determined by | ||||||
| 7 | negotiation with managed care entities, coordinated care | ||||||
| 8 | entities, or accountable care entities. However, for 3 years | ||||||
| 9 | after the effective date of this Act, in no event shall the | ||||||
| 10 | reimbursement rate paid to facilities licensed under this Act | ||||||
| 11 | be less than the rate in effect on June 30, 2013 less $7.07 | ||||||
| 12 | times the number of occupied bed days, as that term is defined | ||||||
| 13 | in Article V-B of the Illinois Public Aid Code, for each | ||||||
| 14 | facility previously licensed under the Nursing Home Care Act on | ||||||
| 15 | June 30, 2013; or the rate in effect on June 30, 2013 for each | ||||||
| 16 | facility licensed under the Specialized Mental Health | ||||||
| 17 | Rehabilitation Act on June 30, 2013. Any adjustment in the | ||||||
| 18 | support component or the capital component for facilities | ||||||
| 19 | licensed by the Department of Public Health under the Nursing | ||||||
| 20 | Home Care Act shall apply equally to facilities licensed by the | ||||||
| 21 | Department of Public Health under this Act for the duration of | ||||||
| 22 | the provisional licensure period as defined in Section 4-105 of | ||||||
| 23 | this Act.
| ||||||
| |||||||
| |||||||
| 1 | ARTICLE 6. | ||||||
| 2 | MISCELLANEOUS AND AMENDATORY PROVISIONS; REPEALER | ||||||
| 3 | Section 6-101. Illinois Administrative Procedure Act. The | ||||||
| 4 | provisions of the Illinois Administrative Procedure Act are | ||||||
| 5 | hereby expressly adopted and shall apply to all administrative | ||||||
| 6 | rules and procedures of the Department under this Act.
| ||||||
| 7 | Section 6-102. Judicial review. All final administrative | ||||||
| 8 | decisions of the Department under this Act are subject to | ||||||
| 9 | judicial review under the Administrative Review Law and the | ||||||
| 10 | rules adopted pursuant thereto. The term "administrative | ||||||
| 11 | decision" is defined as in Section 3-101 of the Code of Civil | ||||||
| 12 | Procedure.
| ||||||
| 13 | Section 6-105. The Election Code is amended by changing | ||||||
| 14 | Sections 3-3, 4-6.3, 4-10, 5-9, 5-16.3, 6-50.3, 6-56, 19-4, | ||||||
| 15 | 19-12.1, and 19-12.2 as follows:
| ||||||
| 16 | (10 ILCS 5/3-3) (from Ch. 46, par. 3-3)
| ||||||
| 17 | Sec. 3-3.
Every honorably discharged soldier or sailor who | ||||||
| 18 | is an
inmate of any soldiers' and sailors' home within the | ||||||
| 19 | State of Illinois,
any person who is a resident of a facility | ||||||
| 20 | licensed or certified pursuant to the
Nursing Home Care Act, | ||||||
| 21 | the Specialized Mental Health Rehabilitation Act of 2013, or | ||||||
| 22 | the ID/DD Community Care Act, or any person who is a resident | ||||||
| |||||||
| |||||||
| 1 | of a community-integrated living arrangement, as defined in | ||||||
| 2 | Section 3 of the Community-Integrated Living Arrangements | ||||||
| 3 | Licensure and Certification Act,
for 30 days or longer, and who | ||||||
| 4 | is a citizen of the United States and has
resided in this State | ||||||
| 5 | and in the election district 30 days next
preceding any | ||||||
| 6 | election shall be entitled to vote in the election
district in | ||||||
| 7 | which any such home or community-integrated living arrangement | ||||||
| 8 | in which he is an
inmate or resident is located, for all | ||||||
| 9 | officers that now are or hereafter may be
elected by the | ||||||
| 10 | people, and upon all questions that may be submitted to
the | ||||||
| 11 | vote of the people: Provided, that he shall declare upon oath, | ||||||
| 12 | that it
was his bona fide intention at the time he entered said | ||||||
| 13 | home or community-integrated living arrangement to become a
| ||||||
| 14 | resident thereof.
| ||||||
| 15 | (Source: P.A. 96-339, eff. 7-1-10; 96-563, eff. 1-1-10; | ||||||
| 16 | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; | ||||||
| 17 | 97-813, eff. 7-13-12.)
| ||||||
| 18 | (10 ILCS 5/4-6.3) (from Ch. 46, par. 4-6.3)
| ||||||
| 19 | Sec. 4-6.3.
The county clerk may establish a temporary | ||||||
| 20 | place of registration
for such times and at such locations | ||||||
| 21 | within the county as the county clerk
may select. However, no | ||||||
| 22 | temporary place of registration may be
in operation during the | ||||||
| 23 | 27 days preceding an election. Notice
of the time and place
of | ||||||
| 24 | registration under this Section shall be published by the | ||||||
| 25 | county
clerk in a newspaper
having a general circulation in the | ||||||
| |||||||
| |||||||
| 1 | county not less than 3 nor
more than 15 days before the holding | ||||||
| 2 | of such registration.
| ||||||
| 3 | Temporary places of registration shall be established so
| ||||||
| 4 | that the areas of concentration of population or use by the | ||||||
| 5 | public are served,
whether by
facilities provided in places of | ||||||
| 6 | private business or in public buildings
or in mobile units. | ||||||
| 7 | Areas which may be designated as temporary places of
| ||||||
| 8 | registration include, but are not limited to, facilities | ||||||
| 9 | licensed or certified
pursuant to the Nursing Home Care Act, | ||||||
| 10 | the Specialized Mental Health Rehabilitation Act of 2013, or | ||||||
| 11 | the ID/DD Community Care Act, Soldiers' and Sailors'
Homes, | ||||||
| 12 | shopping centers, business districts, public buildings and | ||||||
| 13 | county fairs.
| ||||||
| 14 | Temporary places of registration shall be available to the
| ||||||
| 15 | public not less than 2 hours per year for each 1,000 population | ||||||
| 16 | or
fraction thereof in the county.
| ||||||
| 17 | All temporary places of registration shall be manned by | ||||||
| 18 | deputy county
clerks or deputy registrars appointed pursuant to | ||||||
| 19 | Section 4-6.2.
| ||||||
| 20 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 21 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 22 | (10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
| ||||||
| 23 | Sec. 4-10.
Except as herein provided, no person shall be | ||||||
| 24 | registered,
unless he applies in person to a registration | ||||||
| 25 | officer, answers such
relevant questions as may be asked of him | ||||||
| |||||||
| |||||||
| 1 | by the registration officer,
and executes the affidavit of | ||||||
| 2 | registration. The registration officer shall
require the | ||||||
| 3 | applicant to furnish two forms of identification, and except in | ||||||
| 4 | the
case of a homeless individual, one of which must include | ||||||
| 5 | his or her residence
address. These forms of identification | ||||||
| 6 | shall include, but not be limited to,
any of the following: | ||||||
| 7 | driver's license, social security card, public aid
| ||||||
| 8 | identification card, utility bill, employee or student | ||||||
| 9 | identification card,
lease or contract for a residence, credit | ||||||
| 10 | card, or a civic, union or professional association membership | ||||||
| 11 | card.
The registration officer shall require a homeless | ||||||
| 12 | individual to furnish
evidence of his or her use of the mailing | ||||||
| 13 | address stated. This use may be
demonstrated by a piece of mail | ||||||
| 14 | addressed to that individual and received at
that address or by | ||||||
| 15 | a statement from a person authorizing use of the mailing
| ||||||
| 16 | address. The registration officer shall require each applicant | ||||||
| 17 | for
registration to read or have read to him the affidavit of | ||||||
| 18 | registration
before permitting him to execute the affidavit.
| ||||||
| 19 | One of the registration officers or a deputy registration | ||||||
| 20 | officer,
county clerk, or clerk in the office of the county | ||||||
| 21 | clerk, shall
administer to all persons who shall personally | ||||||
| 22 | apply to register the
following oath or affirmation:
| ||||||
| 23 | "You do solemnly swear (or affirm) that you will fully and | ||||||
| 24 | truly
answer all such questions as shall be put to you touching | ||||||
| 25 | your name,
place of residence, place of birth, your | ||||||
| 26 | qualifications as an elector
and your right as such to register | ||||||
| |||||||
| |||||||
| 1 | and vote under the laws of the State
of Illinois."
| ||||||
| 2 | The registration officer shall satisfy himself that each | ||||||
| 3 | applicant
for registration is qualified to register before | ||||||
| 4 | registering him. If the
registration officer has reason to | ||||||
| 5 | believe that the applicant is a resident
of a Soldiers' and | ||||||
| 6 | Sailors' Home or any facility which is licensed or certified
| ||||||
| 7 | pursuant to the Nursing Home Care Act, the Specialized Mental | ||||||
| 8 | Health Rehabilitation Act of 2013, or the ID/DD Community Care | ||||||
| 9 | Act, the following question shall be put,
"When you entered the | ||||||
| 10 | home which is your present address, was it your bona
fide | ||||||
| 11 | intention to become a resident thereof?" Any voter of a | ||||||
| 12 | township, city,
village or incorporated town in which such | ||||||
| 13 | applicant resides, shall be
permitted to be present at the | ||||||
| 14 | place of any precinct registration and shall
have the right to | ||||||
| 15 | challenge any applicant who applies to be registered.
| ||||||
| 16 | In case the officer is not satisfied that the applicant is | ||||||
| 17 | qualified
he shall forthwith notify such applicant in writing | ||||||
| 18 | to appear before the
county clerk to complete his registration. | ||||||
| 19 | Upon the card of such
applicant shall be written the word | ||||||
| 20 | "incomplete" and no such applicant
shall be permitted to vote | ||||||
| 21 | unless such registration is satisfactorily
completed as | ||||||
| 22 | hereinafter provided. No registration shall be taken and
marked | ||||||
| 23 | as incomplete if information to complete it can be furnished on
| ||||||
| 24 | the date of the original application.
| ||||||
| 25 | Any person claiming to be an elector in any election | ||||||
| 26 | precinct and
whose registration card is marked "Incomplete" may | ||||||
| |||||||
| |||||||
| 1 | make and sign an
application in writing, under oath, to the | ||||||
| 2 | county clerk in substance in
the following form:
| ||||||
| 3 | "I do solemnly swear that I, ...., did on (insert date) | ||||||
| 4 | make
application to the board of registry of the .... precinct | ||||||
| 5 | of the township of
.... (or to the county clerk of .... county) | ||||||
| 6 | and that said board or clerk
refused to complete my | ||||||
| 7 | registration as a qualified voter in said
precinct. That I | ||||||
| 8 | reside in said precinct, that I intend to reside in said
| ||||||
| 9 | precinct, and am a duly qualified voter of said precinct and am | ||||||
| 10 | entitled to be
registered to vote in said precinct at the next | ||||||
| 11 | election.
| ||||||
| 12 | (Signature of applicant) ............................."
| ||||||
| 13 | All such applications shall be presented to the county | ||||||
| 14 | clerk or to
his duly authorized representative by the | ||||||
| 15 | applicant, in person between
the hours of 9:00 a.m. and 5:00 | ||||||
| 16 | p.m. on any day after the days on
which the 1969 and 1970 | ||||||
| 17 | precinct re-registrations are held but not on
any day within 27 | ||||||
| 18 | days preceding the ensuing general election and
thereafter for | ||||||
| 19 | the registration provided in Section 4-7 all such
applications | ||||||
| 20 | shall be presented to the county clerk or his duly
authorized | ||||||
| 21 | representative by the applicant in person between the hours
of | ||||||
| 22 | 9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding | ||||||
| 23 | the
ensuing general election. Such application shall be heard | ||||||
| 24 | by the county
clerk or his duly authorized representative at | ||||||
| 25 | the time the application
is presented. If the applicant for | ||||||
| |||||||
| |||||||
| 1 | registration has registered with the
county clerk, such | ||||||
| 2 | application may be presented to and heard by the
county clerk | ||||||
| 3 | or by his duly authorized representative upon the dates
| ||||||
| 4 | specified above or at any time prior thereto designated by the | ||||||
| 5 | county clerk.
| ||||||
| 6 | Any otherwise qualified person who is absent from his | ||||||
| 7 | county of
residence either due to business of the United States | ||||||
| 8 | or because he is
temporarily outside the territorial limits of | ||||||
| 9 | the United States may
become registered by mailing an | ||||||
| 10 | application to the county clerk within
the periods of | ||||||
| 11 | registration provided for in this Article, or by simultaneous
| ||||||
| 12 | application for absentee registration and absentee ballot as | ||||||
| 13 | provided in
Article 20 of this Code.
| ||||||
| 14 | Upon receipt of such application the county clerk shall | ||||||
| 15 | immediately
mail an affidavit of registration in duplicate, | ||||||
| 16 | which affidavit shall
contain the following and such other | ||||||
| 17 | information as the State Board of
Elections may think it proper | ||||||
| 18 | to require for the identification of the
applicant:
| ||||||
| 19 | Name. The name of the applicant, giving surname and first | ||||||
| 20 | or
Christian name in full, and the middle name or the initial | ||||||
| 21 | for such
middle name, if any.
| ||||||
| 22 | Sex.
| ||||||
| 23 | Residence. The name and number of the street, avenue or | ||||||
| 24 | other
location of the dwelling, and such additional clear and | ||||||
| 25 | definite
description as may be necessary to determine the exact | ||||||
| 26 | location of the
dwelling of the applicant. Where the location | ||||||
| |||||||
| |||||||
| 1 | cannot be determined by
street and number, then the Section, | ||||||
| 2 | congressional township and range
number may be used, or such | ||||||
| 3 | other information as may be necessary,
including post office | ||||||
| 4 | mailing address.
| ||||||
| 5 | Term of residence in the State of Illinois and the | ||||||
| 6 | precinct.
| ||||||
| 7 | Nativity. The State or country in which the applicant was | ||||||
| 8 | born.
| ||||||
| 9 | Citizenship. Whether the applicant is native born or | ||||||
| 10 | naturalized. If
naturalized, the court, place and date of | ||||||
| 11 | naturalization.
| ||||||
| 12 | Age. Date of birth, by month, day and year.
| ||||||
| 13 | Out of State address of ..........................
| ||||||
| 14 | AFFIDAVIT OF REGISTRATION
| ||||||
| 15 | State of ...........)
| ||||||
| 16 | )ss
| ||||||
| 17 | County of ..........)
| ||||||
| 18 | I hereby swear (or affirm) that I am a citizen of the | ||||||
| 19 | United States;
that on the day of the next election I shall | ||||||
| 20 | have resided in the State
of Illinois and in the election | ||||||
| 21 | precinct 30 days; that I am
fully qualified to vote, that I am | ||||||
| 22 | not registered to vote anywhere else
in the United States, that | ||||||
| 23 | I intend to remain a resident of the State of
Illinois and of | ||||||
| 24 | the election precinct, that I intend to return to the State
of | ||||||
| 25 | Illinois, and that the above statements are true.
| ||||||
| 26 | ..............................
| ||||||
| |||||||
| |||||||
| 1 | (His or her signature or mark)
| ||||||
| 2 | Subscribed and sworn to before me, an officer qualified to | ||||||
| 3 | administer
oaths, on (insert date).
| ||||||
| 4 | ........................................
| ||||||
| 5 | Signature of officer administering oath.
| ||||||
| 6 | Upon receipt of the executed duplicate affidavit of | ||||||
| 7 | Registration, the
county clerk shall transfer the information | ||||||
| 8 | contained thereon to
duplicate Registration Cards provided for | ||||||
| 9 | in Section 4-8 of this Article
and shall attach thereto a copy | ||||||
| 10 | of each of the duplicate affidavit of
registration and | ||||||
| 11 | thereafter such registration card and affidavit shall
| ||||||
| 12 | constitute the registration of such person the same as if he | ||||||
| 13 | had applied
for registration in person.
| ||||||
| 14 | (Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10; | ||||||
| 15 | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; | ||||||
| 16 | 97-813, eff. 7-13-12.)
| ||||||
| 17 | (10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
| ||||||
| 18 | Sec. 5-9.
Except as herein provided, no person shall be | ||||||
| 19 | registered
unless he applies in person to registration officer, | ||||||
| 20 | answers such
relevant questions as may be asked of him by the | ||||||
| 21 | registration officer,
and executes the affidavit of | ||||||
| 22 | registration. The registration officer shall
require the | ||||||
| 23 | applicant to furnish two forms of identification, and except in | ||||||
| 24 | the
case of a homeless individual, one of which must include | ||||||
| 25 | his or her residence
address. These forms of identification | ||||||
| |||||||
| |||||||
| 1 | shall include, but not be limited to,
any of the following: | ||||||
| 2 | driver's license, social security card, public aid
| ||||||
| 3 | identification card, utility bill, employee or student | ||||||
| 4 | identification card,
lease or contract for a residence, credit | ||||||
| 5 | card, or a civic, union or professional association membership | ||||||
| 6 | card.
The registration officer shall require a homeless | ||||||
| 7 | individual to furnish
evidence of his or her use of the mailing | ||||||
| 8 | address stated. This use may be
demonstrated by a piece of mail | ||||||
| 9 | addressed to that individual and received at
that address or by | ||||||
| 10 | a statement from a person authorizing use of the mailing
| ||||||
| 11 | address. The registration officer shall require each applicant | ||||||
| 12 | for registration
to read or have read to him the affidavit of | ||||||
| 13 | registration before permitting him
to execute the affidavit.
| ||||||
| 14 | One of the Deputy Registrars, the Judge of Registration, or | ||||||
| 15 | an
Officer of Registration, County Clerk, or clerk in the | ||||||
| 16 | office of the
County Clerk, shall administer to all persons who | ||||||
| 17 | shall personally apply
to register the following oath or | ||||||
| 18 | affirmation:
| ||||||
| 19 | "You do solemnly swear (or affirm) that you will fully and | ||||||
| 20 | truly
answer all such questions as shall be put to you touching | ||||||
| 21 | your place of
residence, name, place of birth, your | ||||||
| 22 | qualifications as an elector and
your right as such to register | ||||||
| 23 | and vote under the laws of the State of
Illinois."
| ||||||
| 24 | The Registration Officer shall satisfy himself that each | ||||||
| 25 | applicant
for registration is qualified to register before | ||||||
| 26 | registering him. If the
registration officer has reason to | ||||||
| |||||||
| |||||||
| 1 | believe that the applicant is a resident
of a Soldiers' and | ||||||
| 2 | Sailors' Home or any facility which is licensed or certified
| ||||||
| 3 | pursuant to the Nursing Home Care Act, the Specialized Mental | ||||||
| 4 | Health Rehabilitation Act of 2013, or the ID/DD Community Care | ||||||
| 5 | Act, the following question shall be put,
"When you entered the | ||||||
| 6 | home which is your present address, was it your bona fide
| ||||||
| 7 | intention to become a resident thereof?" Any voter of a | ||||||
| 8 | township, city,
village or incorporated town in which such | ||||||
| 9 | applicant resides, shall be
permitted to be present at the | ||||||
| 10 | place of precinct registration, and shall have
the right to | ||||||
| 11 | challenge any applicant who applies to be registered.
| ||||||
| 12 | In case the officer is not satisfied that the applicant is | ||||||
| 13 | qualified,
he shall forthwith in writing notify such applicant | ||||||
| 14 | to appear before the
County Clerk to furnish further proof of | ||||||
| 15 | his qualifications. Upon the
card of such applicant shall be | ||||||
| 16 | written the word "Incomplete" and no
such applicant shall be | ||||||
| 17 | permitted to vote unless such registration is
satisfactorily | ||||||
| 18 | completed as hereinafter provided. No registration shall
be | ||||||
| 19 | taken and marked as "incomplete" if information to complete it | ||||||
| 20 | can be
furnished on the date of the original application.
| ||||||
| 21 | Any person claiming to be an elector in any election | ||||||
| 22 | precinct in such
township, city, village or incorporated town | ||||||
| 23 | and whose registration is
marked "Incomplete" may make and sign | ||||||
| 24 | an application in writing, under
oath, to the County Clerk in | ||||||
| 25 | substance in the following form:
| ||||||
| 26 | "I do solemnly swear that I, .........., did on (insert | ||||||
| |||||||
| |||||||
| 1 | date) make application to the Board of Registry of the ........
| ||||||
| 2 | precinct of ........ ward of the City of .... or of the | ||||||
| 3 | ......... District
......... Town of .......... (or to the | ||||||
| 4 | County Clerk of .............) and
............ County; that | ||||||
| 5 | said Board or Clerk refused to complete my
registration as a | ||||||
| 6 | qualified voter in said precinct, that I reside in said
| ||||||
| 7 | precinct (or that I intend to reside in said precinct), am a | ||||||
| 8 | duly qualified
voter and entitled to vote in said precinct at | ||||||
| 9 | the next election.
| ||||||
| 10 | ...........................
| ||||||
| 11 | (Signature of Applicant)"
| ||||||
| 12 | All such applications shall be presented to the County | ||||||
| 13 | Clerk by the
applicant, in person between the hours of nine | ||||||
| 14 | o'clock a.m. and five
o'clock p.m., on Monday and Tuesday of | ||||||
| 15 | the third week subsequent to
the weeks in which the 1961 and | ||||||
| 16 | 1962 precinct re-registrations are to be
held, and thereafter | ||||||
| 17 | for the registration provided in Section 5-17 of
this Article, | ||||||
| 18 | all such applications shall be presented to the County
Clerk by | ||||||
| 19 | the applicant in person between the hours of nine o'clock a.m.
| ||||||
| 20 | and nine o'clock p.m. on Monday and Tuesday of the third week
| ||||||
| 21 | prior to the date on which such election is to be held.
| ||||||
| 22 | Any otherwise qualified person who is absent from his | ||||||
| 23 | county of
residence either due to business of the United States | ||||||
| 24 | or because he is
temporarily outside the territorial limits of | ||||||
| 25 | the United States may
become registered by mailing an | ||||||
| 26 | application to the county clerk within
the periods of | ||||||
| |||||||
| |||||||
| 1 | registration provided for in this Article or by simultaneous
| ||||||
| 2 | application for absentee registration and absentee ballot as | ||||||
| 3 | provided in
Article 20 of this Code.
| ||||||
| 4 | Upon receipt of such application the county clerk shall | ||||||
| 5 | immediately
mail an affidavit of registration in duplicate, | ||||||
| 6 | which affidavit shall
contain the following and such other | ||||||
| 7 | information as the State Board of
Elections may think it proper | ||||||
| 8 | to require for the identification of the
applicant:
| ||||||
| 9 | Name. The name of the applicant, giving surname and first | ||||||
| 10 | or
Christian name in full, and the middle name or the initial | ||||||
| 11 | for such
middle name, if any.
| ||||||
| 12 | Sex.
| ||||||
| 13 | Residence. The name and number of the street, avenue or | ||||||
| 14 | other
location of the dwelling, and such additional clear and | ||||||
| 15 | definite
description as may be necessary to determine the exact | ||||||
| 16 | location of the
dwelling of the applicant. Where the location | ||||||
| 17 | cannot be determined by
street and number, then the Section, | ||||||
| 18 | congressional township and range
number may be used, or such | ||||||
| 19 | other information as may be necessary,
including post office | ||||||
| 20 | mailing address.
| ||||||
| 21 | Term of residence in the State of Illinois and the | ||||||
| 22 | precinct.
| ||||||
| 23 | Nativity. The State or country in which the applicant was | ||||||
| 24 | born.
| ||||||
| 25 | Citizenship. Whether the applicant is native born or | ||||||
| 26 | naturalized. If
naturalized, the court, place and date of | ||||||
| |||||||
| |||||||
| 1 | naturalization.
| ||||||
| 2 | Age. Date of birth, by month, day and year.
| ||||||
| 3 | Out of State address of ..........................
| ||||||
| 4 | AFFIDAVIT OF REGISTRATION
| ||||||
| 5 | State of .........)
| ||||||
| 6 | )ss
| ||||||
| 7 | County of ........)
| ||||||
| 8 | I hereby swear (or affirm) that I am a citizen of the | ||||||
| 9 | United States;
that on the day of the next election I shall | ||||||
| 10 | have resided in the State
of Illinois for 6 months and in the | ||||||
| 11 | election precinct 30 days; that I am
fully qualified to vote, | ||||||
| 12 | that I am not registered to vote anywhere else
in the United | ||||||
| 13 | States, that I intend to remain a resident of the State of
| ||||||
| 14 | Illinois and of the election precinct, that I intend to return | ||||||
| 15 | to the State
of Illinois, and that the above statements are | ||||||
| 16 | true.
| ||||||
| 17 | ..............................
| ||||||
| 18 | (His or her signature or mark)
| ||||||
| 19 | Subscribed and sworn to before me, an officer qualified to | ||||||
| 20 | administer
oaths, on (insert date).
| ||||||
| 21 | ........................................
| ||||||
| 22 | Signature of officer administering oath.
| ||||||
| 23 | Upon receipt of the executed duplicate affidavit of | ||||||
| 24 | Registration, the
county clerk shall transfer the information | ||||||
| 25 | contained thereon to
duplicate Registration Cards provided for | ||||||
| |||||||
| |||||||
| 1 | in Section 5-7 of this Article
and shall attach thereto a copy | ||||||
| 2 | of each of the duplicate affidavit of
registration and | ||||||
| 3 | thereafter such registration card and affidavit shall
| ||||||
| 4 | constitute the registration of such person the same as if he | ||||||
| 5 | had applied
for registration in person.
| ||||||
| 6 | (Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10; | ||||||
| 7 | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; | ||||||
| 8 | 97-813, eff. 7-13-12.)
| ||||||
| 9 | (10 ILCS 5/5-16.3) (from Ch. 46, par. 5-16.3)
| ||||||
| 10 | Sec. 5-16.3.
The county clerk may establish temporary | ||||||
| 11 | places of
registration for such times and at such locations | ||||||
| 12 | within the county as the
county clerk may select. However, no | ||||||
| 13 | temporary place of
registration may be in operation during the
| ||||||
| 14 | 27 days preceding an election. Notice
of time and place of | ||||||
| 15 | registration at any such temporary place of
registration under | ||||||
| 16 | this Section shall be published by the county
clerk in a | ||||||
| 17 | newspaper having a general circulation in the county not less
| ||||||
| 18 | than 3 nor more than 15 days before the holding of such | ||||||
| 19 | registration.
| ||||||
| 20 | Temporary places of registration shall be established so | ||||||
| 21 | that the
areas of concentration of population or use by the | ||||||
| 22 | public are served,
whether by facilities provided in places of | ||||||
| 23 | private business or in
public buildings or in mobile units. | ||||||
| 24 | Areas which may be designated as
temporary places of | ||||||
| 25 | registration include, but are not limited to, facilities
| ||||||
| |||||||
| |||||||
| 1 | licensed or certified pursuant to the Nursing Home Care Act, | ||||||
| 2 | the Specialized Mental Health Rehabilitation Act of 2013, or | ||||||
| 3 | the ID/DD Community Care Act,
Soldiers' and Sailors' Homes,
| ||||||
| 4 | shopping centers, business districts, public buildings and | ||||||
| 5 | county fairs.
| ||||||
| 6 | Temporary places of registration shall be available to the | ||||||
| 7 | public not
less than 2 hours per year for each 1,000 population | ||||||
| 8 | or fraction thereof
in the county.
| ||||||
| 9 | All temporary places of registration shall be manned by | ||||||
| 10 | deputy county
clerks or deputy registrars appointed pursuant to | ||||||
| 11 | Section 5-16.2.
| ||||||
| 12 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 13 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 14 | (10 ILCS 5/6-50.3) (from Ch. 46, par. 6-50.3)
| ||||||
| 15 | Sec. 6-50.3.
The board of election commissioners may | ||||||
| 16 | establish
temporary places of registration for such times and | ||||||
| 17 | at such locations as
the board may select. However, no | ||||||
| 18 | temporary place of registration
may be in operation during the | ||||||
| 19 | 27 days preceding an election.
Notice of the time and place of | ||||||
| 20 | registration at any such temporary place of
registration under | ||||||
| 21 | this Section shall be published by the board of election
| ||||||
| 22 | commissioners in a newspaper having a general circulation in | ||||||
| 23 | the city, village
or incorporated town not less than 3 nor more | ||||||
| 24 | than 15 days before the holding
of such registration.
| ||||||
| 25 | Temporary places of registration shall be established so | ||||||
| |||||||
| |||||||
| 1 | that the
areas of concentration of population or use by the | ||||||
| 2 | public are served,
whether by facilities provided in places of | ||||||
| 3 | private business or in
public buildings or in mobile units. | ||||||
| 4 | Areas which may be designated as
temporary places of | ||||||
| 5 | registration include, but are not limited to, facilities
| ||||||
| 6 | licensed or certified pursuant to the Nursing Home Care Act, | ||||||
| 7 | the Specialized Mental Health Rehabilitation Act of 2013, or | ||||||
| 8 | the ID/DD Community Care Act,
Soldiers' and Sailors' Homes,
| ||||||
| 9 | shopping centers, business districts, public buildings and | ||||||
| 10 | county fairs.
| ||||||
| 11 | Temporary places of registration shall be available to the | ||||||
| 12 | public not
less than 2 hours per year for each 1,000 population | ||||||
| 13 | or fraction thereof
in the county.
| ||||||
| 14 | All temporary places of registration shall be manned by | ||||||
| 15 | employees of the
board of election commissioners or deputy | ||||||
| 16 | registrars appointed pursuant
to Section 6-50.2.
| ||||||
| 17 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 18 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 19 | (10 ILCS 5/6-56) (from Ch. 46, par. 6-56)
| ||||||
| 20 | Sec. 6-56.
Not more than 30 nor less than 28 days before | ||||||
| 21 | any election
under this Article, all owners, managers, | ||||||
| 22 | administrators or operators of hotels, lodging
houses, rooming | ||||||
| 23 | houses, furnished apartments or facilities licensed or
| ||||||
| 24 | certified under
the Nursing Home Care Act, which house 4 or | ||||||
| 25 | more
persons, outside the members of the family of such owner, | ||||||
| |||||||
| |||||||
| 1 | manager, administrator or
operator, shall file with the board | ||||||
| 2 | of election commissioners a report,
under oath, together with | ||||||
| 3 | one copy thereof, in such form as may be
required by the board | ||||||
| 4 | of election commissioners, of the names and
descriptions of all | ||||||
| 5 | lodgers, guests or residents claiming a voting residence at the
| ||||||
| 6 | hotels, lodging houses, rooming houses, furnished apartments, | ||||||
| 7 | or facility
licensed or certified under the Nursing Home Care | ||||||
| 8 | Act, the Specialized Mental Health Rehabilitation Act of 2013, | ||||||
| 9 | or the ID/DD Community Care Act under
their control. In | ||||||
| 10 | counties having a population of 500,000 or more such
report | ||||||
| 11 | shall be made on forms mailed to them by the board of election
| ||||||
| 12 | commissioners. The board of election commissioners shall sort | ||||||
| 13 | and
assemble the sworn copies of the reports in numerical order | ||||||
| 14 | according to
ward and according to precincts within each ward | ||||||
| 15 | and shall, not later
than 5 days after the last day allowed by | ||||||
| 16 | this Article for the filing of
the reports, maintain one | ||||||
| 17 | assembled set of sworn duplicate reports
available for public | ||||||
| 18 | inspection until 60 days after election days.
Except as is | ||||||
| 19 | otherwise expressly provided in this Article, the board
shall | ||||||
| 20 | not be required to perform any duties with respect to the sworn
| ||||||
| 21 | reports other than to mail, sort, assemble, post and file them | ||||||
| 22 | as
hereinabove provided.
| ||||||
| 23 | Except in such cases where a precinct canvass is being | ||||||
| 24 | conducted by
the Board of Election Commissioners prior to a | ||||||
| 25 | Primary or Election, the
board of election commissioners shall | ||||||
| 26 | compare the original copy of each
such report with the list of | ||||||
| |||||||
| |||||||
| 1 | registered voters from such addresses.
Every person registered | ||||||
| 2 | from such address and not listed in such report
or whose name | ||||||
| 3 | is different from any name so listed, shall immediately
after | ||||||
| 4 | the last day of registration be sent a notice through the | ||||||
| 5 | United
States mail, at the address appearing upon his | ||||||
| 6 | registration record card,
requiring him to appear before the | ||||||
| 7 | board of election commissioners on
one of the days specified in | ||||||
| 8 | Section 6-45 of this Article and show
cause why his | ||||||
| 9 | registration should not be cancelled. The provisions of
| ||||||
| 10 | Sections 6-45, 6-46 and 6-47 of this Article shall apply to | ||||||
| 11 | such
hearing and proceedings subsequent thereto.
| ||||||
| 12 | Any owner, manager or operator of any such hotel, lodging | ||||||
| 13 | house,
rooming house or furnished apartment who shall fail or | ||||||
| 14 | neglect to file
such statement and copy thereof as in this | ||||||
| 15 | Article provided, may, upon
written information of the attorney | ||||||
| 16 | for the election commissioners, be
cited by the election | ||||||
| 17 | commissioners or upon the complaint of any voter
of such city, | ||||||
| 18 | village or incorporated town, to appear before them and
furnish | ||||||
| 19 | such sworn statement and copy thereof and make such oral
| ||||||
| 20 | statements under oath regarding such hotel, lodging house, | ||||||
| 21 | rooming house
or furnished apartment, as the election | ||||||
| 22 | commissioners may require. The
election commissioners shall | ||||||
| 23 | sit to hear such citations on the Friday of
the fourth week | ||||||
| 24 | preceding the week in which such election is to be held.
Such | ||||||
| 25 | citation shall be served not later than the day preceding the | ||||||
| 26 | day
on which it is returnable.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 2 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 3 | (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
| ||||||
| 4 | Sec. 19-4. Mailing or delivery of ballots - Time.) | ||||||
| 5 | Immediately upon
the receipt of such application either by | ||||||
| 6 | mail, not more than 40 days
nor less than 5 days prior to such | ||||||
| 7 | election, or by personal delivery not
more than 40 days nor | ||||||
| 8 | less than one day prior to such election, at the
office of such | ||||||
| 9 | election authority, it shall be the duty of such election
| ||||||
| 10 | authority to examine the records to ascertain whether or not | ||||||
| 11 | such
applicant is lawfully entitled to vote as
requested, | ||||||
| 12 | including a verification of the applicant's signature by | ||||||
| 13 | comparison with the signature on the official registration | ||||||
| 14 | record card, and if found so to be entitled to vote, to post | ||||||
| 15 | within one business day thereafter
the name, street address,
| ||||||
| 16 | ward and precinct number or township and district number, as | ||||||
| 17 | the case may be,
of such applicant given on a list, the pages | ||||||
| 18 | of which are to be numbered
consecutively to be kept by such | ||||||
| 19 | election authority for such purpose in a
conspicuous, open and | ||||||
| 20 | public place accessible to the public at the entrance of
the | ||||||
| 21 | office of such election authority, and in such a manner that | ||||||
| 22 | such list may
be viewed without necessity of requesting | ||||||
| 23 | permission therefor. Within one
day after posting the name and | ||||||
| 24 | other information of an applicant for
an absentee ballot, the | ||||||
| 25 | election authority shall transmit that name and other
posted | ||||||
| |||||||
| |||||||
| 1 | information to the State Board of Elections, which shall | ||||||
| 2 | maintain those
names and other information in an electronic | ||||||
| 3 | format on its website, arranged by
county and accessible to | ||||||
| 4 | State and local political committees. Within 2
business days | ||||||
| 5 | after posting a name and other information on the list within
| ||||||
| 6 | its
office, the election authority shall mail,
postage prepaid, | ||||||
| 7 | or deliver in person in such office an official ballot
or | ||||||
| 8 | ballots if more than one are to be voted at said election. Mail | ||||||
| 9 | delivery
of Temporarily Absent Student ballot applications | ||||||
| 10 | pursuant to Section
19-12.3 shall be by nonforwardable mail. | ||||||
| 11 | However,
for the consolidated election, absentee ballots for | ||||||
| 12 | certain precincts may
be delivered to applicants not less than | ||||||
| 13 | 25 days before the election if
so much time is required to have | ||||||
| 14 | prepared and printed the ballots containing
the names of | ||||||
| 15 | persons nominated for offices at the consolidated primary.
The | ||||||
| 16 | election authority shall enclose with each absentee ballot or
| ||||||
| 17 | application written instructions on how voting assistance | ||||||
| 18 | shall be provided
pursuant to Section 17-14 and a document, | ||||||
| 19 | written and approved by the State
Board of Elections,
| ||||||
| 20 | enumerating
the circumstances under which a person is | ||||||
| 21 | authorized to vote by absentee
ballot pursuant to this Article; | ||||||
| 22 | such document shall also include a
statement informing the | ||||||
| 23 | applicant that if he or she falsifies or is
solicited by | ||||||
| 24 | another to falsify his or her
eligibility to cast an absentee | ||||||
| 25 | ballot, such applicant or other is subject
to
penalties | ||||||
| 26 | pursuant to Section 29-10 and Section 29-20 of the Election | ||||||
| |||||||
| |||||||
| 1 | Code.
Each election authority shall maintain a list of the | ||||||
| 2 | name, street address,
ward and
precinct, or township and | ||||||
| 3 | district number, as the case may be, of all
applicants who have | ||||||
| 4 | returned absentee ballots to such authority, and the name of | ||||||
| 5 | such absent voter shall be added to such list
within one | ||||||
| 6 | business day from receipt of such ballot.
If the absentee | ||||||
| 7 | ballot envelope indicates that the voter was assisted in
| ||||||
| 8 | casting the ballot, the name of the person so assisting shall | ||||||
| 9 | be included on
the list. The list, the pages of which are to be | ||||||
| 10 | numbered consecutively,
shall be kept by each election | ||||||
| 11 | authority in a conspicuous, open, and public
place accessible | ||||||
| 12 | to the public at the entrance of the office of the election
| ||||||
| 13 | authority and in a manner that the list may be viewed without | ||||||
| 14 | necessity of
requesting permission for viewing.
| ||||||
| 15 | Each election authority shall maintain a list for each | ||||||
| 16 | election
of the
voters to whom it has issued absentee ballots. | ||||||
| 17 | The list shall be
maintained for each precinct within the | ||||||
| 18 | jurisdiction of the election
authority. Prior to the opening of | ||||||
| 19 | the polls on election day, the
election authority shall deliver | ||||||
| 20 | to the judges of election in each
precinct the list of | ||||||
| 21 | registered voters in that precinct to whom absentee
ballots | ||||||
| 22 | have been issued by mail.
| ||||||
| 23 | Each election authority shall maintain a list for each | ||||||
| 24 | election of
voters to whom it has issued temporarily absent | ||||||
| 25 | student ballots. The list
shall be maintained for each election | ||||||
| 26 | jurisdiction within which such voters
temporarily abide. | ||||||
| |||||||
| |||||||
| 1 | Immediately after the close of the period during which
| ||||||
| 2 | application may be made by mail for absentee ballots, each | ||||||
| 3 | election
authority shall mail to each other election authority | ||||||
| 4 | within the State a
certified list of all such voters | ||||||
| 5 | temporarily abiding within the
jurisdiction of the other | ||||||
| 6 | election authority.
| ||||||
| 7 | In the event that the return address of an
application for | ||||||
| 8 | ballot by a physically incapacitated elector
is that of a | ||||||
| 9 | facility licensed or certified under the Nursing Home Care
Act, | ||||||
| 10 | the Specialized Mental Health Rehabilitation Act of 2013, or | ||||||
| 11 | the ID/DD Community Care Act, within the jurisdiction of the | ||||||
| 12 | election authority, and the applicant
is a registered voter in | ||||||
| 13 | the precinct in which such facility is located,
the ballots | ||||||
| 14 | shall be prepared and transmitted to a responsible judge of
| ||||||
| 15 | election no later than 9 a.m. on the Saturday, Sunday or Monday | ||||||
| 16 | immediately
preceding the election as designated by the | ||||||
| 17 | election authority under
Section 19-12.2. Such judge shall | ||||||
| 18 | deliver in person on the designated day
the ballot to the | ||||||
| 19 | applicant on the premises of the facility from which
| ||||||
| 20 | application was made. The election authority shall by mail | ||||||
| 21 | notify the
applicant in such facility that the ballot will be | ||||||
| 22 | delivered by a judge of
election on the designated day.
| ||||||
| 23 | All applications for absentee ballots shall be available at | ||||||
| 24 | the office
of the election authority for public inspection upon | ||||||
| 25 | request from the
time of receipt thereof by the election | ||||||
| 26 | authority until 30 days after the
election, except during the | ||||||
| |||||||
| |||||||
| 1 | time such applications are kept in the
office of the election | ||||||
| 2 | authority pursuant to Section 19-7, and except during
the time | ||||||
| 3 | such applications are in the possession of the judges of | ||||||
| 4 | election.
| ||||||
| 5 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 6 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 7 | (10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
| ||||||
| 8 | Sec. 19-12.1.
Any qualified elector who has secured an | ||||||
| 9 | Illinois
Person with a Disability Identification Card in | ||||||
| 10 | accordance with the Illinois
Identification Card Act, | ||||||
| 11 | indicating that the person named thereon has a Class
1A or | ||||||
| 12 | Class 2 disability or any qualified voter who has a permanent | ||||||
| 13 | physical
incapacity of such a nature as to make it improbable | ||||||
| 14 | that he will be
able to be present at the polls at any future | ||||||
| 15 | election, or any
voter who is a resident of (i) a federally | ||||||
| 16 | operated veterans' home, hospital, or facility located in | ||||||
| 17 | Illinois or (ii) a facility licensed or certified pursuant to
| ||||||
| 18 | the Nursing Home Care Act, the Specialized Mental Health | ||||||
| 19 | Rehabilitation Act of 2013, or the ID/DD Community Care Act and | ||||||
| 20 | has a condition or disability of
such a nature as to make it | ||||||
| 21 | improbable that he will be able to be present
at the polls at | ||||||
| 22 | any future election, may secure a disabled voter's or
nursing | ||||||
| 23 | home resident's identification card, which will enable him to | ||||||
| 24 | vote
under this Article as a physically incapacitated or | ||||||
| 25 | nursing home voter. For the purposes of this Section, | ||||||
| |||||||
| |||||||
| 1 | "federally operated veterans' home, hospital, or facility" | ||||||
| 2 | means the long-term care facilities at the Jesse Brown VA | ||||||
| 3 | Medical Center, Illiana Health Care System, Edward Hines, Jr. | ||||||
| 4 | VA Hospital, Marion VA Medical Center, and Captain James A. | ||||||
| 5 | Lovell Federal Health Care Center.
| ||||||
| 6 | Application for a disabled voter's or nursing home | ||||||
| 7 | resident's
identification card shall be made either: (a) in | ||||||
| 8 | writing, with voter's
sworn affidavit, to the county clerk or | ||||||
| 9 | board of election commissioners, as
the case may be, and shall | ||||||
| 10 | be accompanied
by the affidavit of the attending physician | ||||||
| 11 | specifically describing the
nature of the physical incapacity | ||||||
| 12 | or the fact that the voter is a nursing
home resident and is | ||||||
| 13 | physically unable to be present at the polls on election
days; | ||||||
| 14 | or (b) by presenting, in writing or otherwise, to the county | ||||||
| 15 | clerk
or board of election commissioners, as the case may be, | ||||||
| 16 | proof that the
applicant has secured an Illinois Person with a | ||||||
| 17 | Disability Identification Card
indicating that the person | ||||||
| 18 | named thereon has a Class 1A or Class 2 disability.
Upon the | ||||||
| 19 | receipt of either the sworn-to
application and the physician's | ||||||
| 20 | affidavit or proof that the applicant has
secured an Illinois | ||||||
| 21 | Person with a Disability Identification Card indicating that | ||||||
| 22 | the
person named thereon has a Class 1A or Class 2 disability, | ||||||
| 23 | the county clerk
or board of election commissioners shall issue | ||||||
| 24 | a disabled voter's or
nursing home resident's identification
| ||||||
| 25 | card. Such identification cards shall be issued for a
period of | ||||||
| 26 | 5 years, upon the expiration of which time the voter may
secure | ||||||
| |||||||
| |||||||
| 1 | a new card by making application in the same manner as is
| ||||||
| 2 | prescribed for the issuance of an original card, accompanied by | ||||||
| 3 | a new
affidavit of the attending physician. The date of | ||||||
| 4 | expiration of such
five-year period shall be made known to any | ||||||
| 5 | interested person by the
election authority upon the request of | ||||||
| 6 | such person. Applications for the
renewal of the identification | ||||||
| 7 | cards shall be mailed to the voters holding
such cards not less | ||||||
| 8 | than 3 months prior to the date of expiration of the cards.
| ||||||
| 9 | Each disabled voter's or nursing home resident's | ||||||
| 10 | identification card
shall bear an identification number, which | ||||||
| 11 | shall be clearly noted on the voter's
original and duplicate | ||||||
| 12 | registration record cards. In the event the
holder becomes | ||||||
| 13 | physically capable of resuming normal voting, he must
surrender | ||||||
| 14 | his disabled voter's or nursing home resident's identification
| ||||||
| 15 | card to the county clerk or board of election commissioners | ||||||
| 16 | before the next election.
| ||||||
| 17 | The holder of a disabled voter's or nursing home resident's
| ||||||
| 18 | identification card may make application by mail for an | ||||||
| 19 | official ballot
within the time prescribed by Section 19-2. | ||||||
| 20 | Such application shall contain
the same information as is
| ||||||
| 21 | included in the form of application for ballot by a physically
| ||||||
| 22 | incapacitated elector prescribed in Section 19-3 except that it | ||||||
| 23 | shall
also include the applicant's disabled voter's | ||||||
| 24 | identification card number
and except that it need not be sworn | ||||||
| 25 | to. If an examination of the records
discloses that the | ||||||
| 26 | applicant is lawfully entitled to vote, he shall be
mailed a | ||||||
| |||||||
| |||||||
| 1 | ballot as provided in Section 19-4. The ballot envelope shall
| ||||||
| 2 | be the same as that prescribed in Section 19-5 for physically | ||||||
| 3 | disabled
voters, and the manner of voting and returning the | ||||||
| 4 | ballot shall be the
same as that provided in this Article for | ||||||
| 5 | other absentee ballots, except
that a statement to be | ||||||
| 6 | subscribed to by the voter but which need not be
sworn to shall | ||||||
| 7 | be placed on the ballot envelope in lieu of the affidavit
| ||||||
| 8 | prescribed by Section 19-5.
| ||||||
| 9 | Any person who knowingly subscribes to a false statement in
| ||||||
| 10 | connection with voting under this Section shall be guilty of a | ||||||
| 11 | Class A
misdemeanor.
| ||||||
| 12 | For the purposes of this Section, "nursing home resident" | ||||||
| 13 | includes a resident of (i) a federally operated veterans' home, | ||||||
| 14 | hospital, or facility located in Illinois or (ii) a facility | ||||||
| 15 | licensed under the ID/DD Community Care Act or the Specialized | ||||||
| 16 | Mental Health Rehabilitation Act of 2013. For the purposes of | ||||||
| 17 | this Section, "federally operated veterans' home, hospital, or | ||||||
| 18 | facility" means the long-term care facilities at the Jesse | ||||||
| 19 | Brown VA Medical Center, Illiana Health Care System, Edward | ||||||
| 20 | Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain | ||||||
| 21 | James A. Lovell Federal Health Care Center. | ||||||
| 22 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 23 | eff. 1-1-12; 97-275, eff. 1-1-12; 97-813, eff. 7-13-12; | ||||||
| 24 | 97-1064, eff. 1-1-13.)
| ||||||
| 25 | (10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 19-12.2. Voting by physically incapacitated electors | ||||||
| 2 | who have made
proper application to the election authority not | ||||||
| 3 | later than 5 days before
the regular primary and general | ||||||
| 4 | election of 1980 and before each election
thereafter shall be | ||||||
| 5 | conducted on the premises of (i) federally operated veterans' | ||||||
| 6 | homes, hospitals, and facilities located in Illinois or (ii) | ||||||
| 7 | facilities licensed or
certified pursuant to the Nursing Home | ||||||
| 8 | Care Act, the Specialized Mental Health Rehabilitation Act of | ||||||
| 9 | 2013, or the ID/DD Community Care Act for the sole benefit of
| ||||||
| 10 | residents of such homes, hospitals, and facilities. For the | ||||||
| 11 | purposes of this Section, "federally operated veterans' home, | ||||||
| 12 | hospital, or facility" means the long-term care facilities at | ||||||
| 13 | the Jesse Brown VA Medical Center, Illiana Health Care System, | ||||||
| 14 | Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and | ||||||
| 15 | Captain James A. Lovell Federal Health Care Center. Such voting | ||||||
| 16 | shall be conducted during any
continuous period sufficient to | ||||||
| 17 | allow all applicants to cast their ballots
between the hours of | ||||||
| 18 | 9 a.m. and 7 p.m. either on the Friday, Saturday, Sunday
or | ||||||
| 19 | Monday immediately preceding the regular election. This | ||||||
| 20 | absentee voting on
one of said days designated by the election | ||||||
| 21 | authority shall be supervised by
two election judges who must | ||||||
| 22 | be selected by the election authority in the
following order of | ||||||
| 23 | priority: (1) from the panel of judges appointed for the
| ||||||
| 24 | precinct in which such home, hospital, or facility is located, | ||||||
| 25 | or from a panel of judges appointed
for any other precinct | ||||||
| 26 | within the jurisdiction of the election authority in the
same | ||||||
| |||||||
| |||||||
| 1 | ward or township, as the case may be, in which the home, | ||||||
| 2 | hospital, or facility is located or,
only in the case where a | ||||||
| 3 | judge or judges from the precinct, township or ward
are | ||||||
| 4 | unavailable to serve, (3) from a panel of judges appointed for | ||||||
| 5 | any other
precinct within the jurisdiction of the election | ||||||
| 6 | authority. The two judges
shall be from different political | ||||||
| 7 | parties. Not less than 30 days before each
regular election, | ||||||
| 8 | the election authority shall have arranged with the chief
| ||||||
| 9 | administrative officer of each home, hospital, or facility in | ||||||
| 10 | his or its election jurisdiction a
mutually convenient time | ||||||
| 11 | period on the Friday, Saturday, Sunday or Monday
immediately | ||||||
| 12 | preceding the election for such voting on the premises of the | ||||||
| 13 | home, hospital, or
facility and shall post in a prominent place | ||||||
| 14 | in his or its office a notice of
the agreed day and time period | ||||||
| 15 | for conducting such voting at each home, hospital, or facility;
| ||||||
| 16 | provided that the election authority shall not later than noon | ||||||
| 17 | on the Thursday
before the election also post the names and | ||||||
| 18 | addresses of those homes, hospitals, and facilities from
which | ||||||
| 19 | no applications were received and in which no supervised | ||||||
| 20 | absentee voting
will be conducted. All provisions of this Code | ||||||
| 21 | applicable to pollwatchers
shall be applicable herein. To the | ||||||
| 22 | maximum extent feasible, voting booths or
screens shall be | ||||||
| 23 | provided to insure the privacy of the voter. Voting procedures
| ||||||
| 24 | shall be as described in Article 17 of this Code, except that | ||||||
| 25 | ballots shall be
treated as absentee ballots and shall not be | ||||||
| 26 | counted until the close of the
polls on the following day. | ||||||
| |||||||
| |||||||
| 1 | After the last voter has concluded voting, the
judges shall | ||||||
| 2 | seal the ballots in an envelope and affix their signatures | ||||||
| 3 | across
the flap of the envelope. Immediately thereafter, the | ||||||
| 4 | judges
shall bring the sealed envelope to the office of the | ||||||
| 5 | election authority
who shall deliver such ballots to the | ||||||
| 6 | election authority's central ballot counting location prior to
| ||||||
| 7 | the closing of the polls on the day of election. The judges of | ||||||
| 8 | election shall
also report to the election authority the name | ||||||
| 9 | of any applicant in the home, hospital, or facility
who, due to | ||||||
| 10 | unforeseen circumstance or condition or because
of a religious | ||||||
| 11 | holiday, was unable to vote. In this event, the election
| ||||||
| 12 | authority may appoint a qualified person from his or its staff | ||||||
| 13 | to deliver
the ballot to such applicant on the day of election. | ||||||
| 14 | This staff person
shall follow the same procedures prescribed | ||||||
| 15 | for judges conducting absentee
voting in such homes, hospitals, | ||||||
| 16 | or facilities and shall return the ballot to the central ballot | ||||||
| 17 | counting location before the polls close. However, if the home, | ||||||
| 18 | hospital, or facility from
which the application was made is | ||||||
| 19 | also used as a regular precinct polling place
for that voter, | ||||||
| 20 | voting procedures heretofore prescribed may be implemented by 2
| ||||||
| 21 | of the election judges of opposite party affiliation assigned | ||||||
| 22 | to that polling
place during the hours of voting on the day of | ||||||
| 23 | the election. Judges of election
shall be compensated not less | ||||||
| 24 | than $25.00 for conducting absentee voting in
such homes, | ||||||
| 25 | hospitals, or facilities.
| ||||||
| 26 | Not less than 120 days before each regular election, the | ||||||
| |||||||
| |||||||
| 1 | Department
of Public Health shall certify to the State Board of | ||||||
| 2 | Elections a list of
the facilities licensed or certified | ||||||
| 3 | pursuant to the Nursing Home Care
Act, the Specialized Mental | ||||||
| 4 | Health Rehabilitation Act of 2013, or the ID/DD Community Care | ||||||
| 5 | Act. The lists shall indicate the approved bed capacity and the | ||||||
| 6 | name of
the chief administrative officer of each such home, | ||||||
| 7 | hospital, or facility, and the State Board
of Elections shall | ||||||
| 8 | certify the same to the appropriate election authority
within | ||||||
| 9 | 20 days thereafter.
| ||||||
| 10 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 11 | eff. 1-1-12; 97-275, eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 12 | Section 6-110. The Mental Health and Developmental | ||||||
| 13 | Disabilities Administrative Act is amended by changing Section | ||||||
| 14 | 15 as follows:
| ||||||
| 15 | (20 ILCS 1705/15) (from Ch. 91 1/2, par. 100-15) | ||||||
| 16 | Sec. 15. Before any person is released from a facility
| ||||||
| 17 | operated by the State pursuant to an absolute discharge or a
| ||||||
| 18 | conditional discharge from hospitalization under this Act, the
| ||||||
| 19 | facility director of the facility in which such person is
| ||||||
| 20 | hospitalized shall determine that such person is not currently
| ||||||
| 21 | in need of hospitalization and:
| ||||||
| 22 | (a) is able to live independently in the community; or
| ||||||
| 23 | (b) requires further oversight and supervisory care | ||||||
| 24 | for which
arrangements have been made with responsible | ||||||
| |||||||
| |||||||
| 1 | relatives
or supervised residential program approved by | ||||||
| 2 | the Department; or
| ||||||
| 3 | (c) requires further personal care or general | ||||||
| 4 | oversight as
defined by the ID/DD Community Care Act or the | ||||||
| 5 | Specialized Mental Health Rehabilitation Act of 2013, for | ||||||
| 6 | which
placement arrangements have been made with a suitable | ||||||
| 7 | family
home or other licensed facility approved by the | ||||||
| 8 | Department under this
Section; or
| ||||||
| 9 | (d) requires community mental health services for | ||||||
| 10 | which arrangements
have been made with a community mental | ||||||
| 11 | health provider in accordance
with criteria, standards, | ||||||
| 12 | and procedures promulgated by rule.
| ||||||
| 13 | Such determination shall be made in writing and shall | ||||||
| 14 | become a
part of the facility record of such absolutely or
| ||||||
| 15 | conditionally discharged person. When the determination | ||||||
| 16 | indicates that the
condition of the person to be granted an | ||||||
| 17 | absolute discharge or
a conditional discharge is described | ||||||
| 18 | under subparagraph (c) or (d) of
this Section, the name and | ||||||
| 19 | address of the continuing care
facility or home to which such | ||||||
| 20 | person is to be released shall
be entered in the facility | ||||||
| 21 | record. Where a discharge from a
mental health facility is made | ||||||
| 22 | under subparagraph (c), the
Department
shall assign the person | ||||||
| 23 | so discharged to an existing community
based not-for-profit | ||||||
| 24 | agency for participation in day activities
suitable to the | ||||||
| 25 | person's needs, such as but not limited to
social and | ||||||
| 26 | vocational rehabilitation, and other recreational,
educational | ||||||
| |||||||
| |||||||
| 1 | and financial activities unless the community based
| ||||||
| 2 | not-for-profit agency is unqualified to accept such | ||||||
| 3 | assignment.
Where the clientele
of any not-for-profit
agency | ||||||
| 4 | increases as
a result of assignments under this amendatory Act | ||||||
| 5 | of
1977 by
more than 3% over the prior year, the Department | ||||||
| 6 | shall fully
reimburse such agency for the costs of providing
| ||||||
| 7 | services to
such persons in excess of such 3% increase.
The | ||||||
| 8 | Department shall keep written records detailing how many | ||||||
| 9 | persons have
been assigned to a community based not-for-profit | ||||||
| 10 | agency and how many persons
were not so assigned because the | ||||||
| 11 | community based agency was unable to
accept the assignments, in | ||||||
| 12 | accordance with criteria, standards, and procedures
| ||||||
| 13 | promulgated by rule. Whenever a community based agency is found | ||||||
| 14 | to be
unable to accept the assignments, the name of the agency | ||||||
| 15 | and the reason for the
finding shall be
included in the report.
| ||||||
| 16 | Insofar as desirable in the interests of the former | ||||||
| 17 | recipient, the
facility, program or home in which the | ||||||
| 18 | discharged person
is to be placed shall be located in or near | ||||||
| 19 | the community in which the
person resided prior to | ||||||
| 20 | hospitalization or in the community in
which the person's | ||||||
| 21 | family or nearest next of kin presently reside.
Placement of | ||||||
| 22 | the discharged person in facilities, programs or homes located
| ||||||
| 23 | outside of this State shall not be made by the Department | ||||||
| 24 | unless
there are no appropriate facilities, programs or homes | ||||||
| 25 | available within this
State. Out-of-state placements shall be | ||||||
| 26 | subject to return of recipients
so placed upon the availability | ||||||
| |||||||
| |||||||
| 1 | of facilities, programs or homes within this
State to | ||||||
| 2 | accommodate these recipients, except where placement in a | ||||||
| 3 | contiguous
state results in locating a recipient in a facility | ||||||
| 4 | or program closer to the
recipient's home or family. If an | ||||||
| 5 | appropriate facility or program becomes
available equal to or | ||||||
| 6 | closer to the recipient's home or family, the recipient
shall | ||||||
| 7 | be returned to and placed at the appropriate facility or | ||||||
| 8 | program within
this State.
| ||||||
| 9 | To place any person who is under a program of the | ||||||
| 10 | Department
at board in a suitable family home or in such other | ||||||
| 11 | facility or program as
the Department may consider desirable. | ||||||
| 12 | The Department may place
in licensed nursing homes, sheltered | ||||||
| 13 | care homes, or homes for
the aged those persons whose | ||||||
| 14 | behavioral manifestations and medical
and nursing care needs | ||||||
| 15 | are such as to be substantially indistinguishable
from persons | ||||||
| 16 | already living in such facilities. Prior to any
placement by | ||||||
| 17 | the Department under this Section, a determination
shall be | ||||||
| 18 | made by the personnel of the
Department, as to the capability | ||||||
| 19 | and suitability of such
facility to adequately meet the needs | ||||||
| 20 | of the person to be
discharged. When specialized
programs are | ||||||
| 21 | necessary in order to enable persons in need of
supervised | ||||||
| 22 | living to develop and improve in the community, the
Department | ||||||
| 23 | shall place such persons only in specialized residential
care | ||||||
| 24 | facilities which shall meet Department standards including
| ||||||
| 25 | restricted admission policy, special staffing and programming
| ||||||
| 26 | for social and vocational rehabilitation, in addition to the
| ||||||
| |||||||
| |||||||
| 1 | requirements of the appropriate State licensing agency. The
| ||||||
| 2 | Department shall not place any new person in a facility the
| ||||||
| 3 | license of which has been revoked or not renewed on grounds
of | ||||||
| 4 | inadequate programming, staffing, or medical or adjunctive
| ||||||
| 5 | services, regardless of the pendency of an action
for | ||||||
| 6 | administrative review regarding such revocation or failure
to | ||||||
| 7 | renew. Before the Department may transfer any person to a
| ||||||
| 8 | licensed nursing home, sheltered care home or home for the
aged | ||||||
| 9 | or place any person in a specialized residential care
facility | ||||||
| 10 | the Department shall notify the person to be
transferred, or a | ||||||
| 11 | responsible relative of such person, in
writing, at least 30 | ||||||
| 12 | days before the proposed transfer, with
respect to all the | ||||||
| 13 | relevant facts concerning such transfer,
except in cases of | ||||||
| 14 | emergency when such notice is not required.
If either the | ||||||
| 15 | person to be transferred or a responsible
relative of such | ||||||
| 16 | person objects to such transfer, in writing
to the Department, | ||||||
| 17 | at any time after receipt of notice and
before the transfer, | ||||||
| 18 | the facility director of the facility in
which the person was a | ||||||
| 19 | recipient shall immediately schedule a
hearing at the facility | ||||||
| 20 | with the presence of the facility director,
the person who | ||||||
| 21 | objected to such proposed transfer, and a
psychiatrist who is | ||||||
| 22 | familiar with the record of the person
to be transferred. Such | ||||||
| 23 | person to be transferred or a
responsible relative may be | ||||||
| 24 | represented by such counsel or
interested party as he may | ||||||
| 25 | appoint, who may present such
testimony with respect to the | ||||||
| 26 | proposed transfer. Testimony
presented at such hearing shall | ||||||
| |||||||
| |||||||
| 1 | become a part of the facility
record of the | ||||||
| 2 | person-to-be-transferred. The record of testimony
shall be | ||||||
| 3 | held in the person-to-be-transferred's record in the
central | ||||||
| 4 | files of the facility. If such hearing is held a transfer
may | ||||||
| 5 | only be implemented, if at all, in accordance with the results
| ||||||
| 6 | of such hearing. Within 15 days after such hearing the
facility | ||||||
| 7 | director shall deliver his findings based
on the record of the | ||||||
| 8 | case and the testimony presented at the hearing,
by registered | ||||||
| 9 | or certified mail, to the parties to such hearing.
The findings | ||||||
| 10 | of the facility director shall be
deemed a final administrative | ||||||
| 11 | decision of the Department. For purposes of
this Section, "case | ||||||
| 12 | of emergency" means those instances in
which the health of the | ||||||
| 13 | person to be transferred is imperiled
and the most appropriate | ||||||
| 14 | mental health care or medical care is
available at a licensed | ||||||
| 15 | nursing home, sheltered care home or
home for the aged or a | ||||||
| 16 | specialized residential care facility.
| ||||||
| 17 | Prior to placement of any person in a facility under this
| ||||||
| 18 | Section the Department shall ensure that an appropriate | ||||||
| 19 | training
plan for staff is provided by the facility.
Said | ||||||
| 20 | training may include instruction and demonstration
by | ||||||
| 21 | Department personnel qualified in the area of mental illness
or | ||||||
| 22 | intellectual disabilities, as applicable to the person to be | ||||||
| 23 | placed. Training may
be given both at the facility from which
| ||||||
| 24 | the recipient is transferred and at the facility receiving
the | ||||||
| 25 | recipient, and may be available on a continuing basis
| ||||||
| 26 | subsequent to placement. In a facility providing services to | ||||||
| |||||||
| |||||||
| 1 | former Department
recipients, training shall be available as | ||||||
| 2 | necessary for
facility staff. Such training will be on a | ||||||
| 3 | continuing basis
as the needs of the facility and recipients | ||||||
| 4 | change and further
training is required.
| ||||||
| 5 | The Department shall not place any person in a facility
| ||||||
| 6 | which does not have appropriately trained staff in sufficient
| ||||||
| 7 | numbers to accommodate the recipient population already at the
| ||||||
| 8 | facility. As a condition of further or future placements of
| ||||||
| 9 | persons, the Department shall require the employment of | ||||||
| 10 | additional
trained staff members at the facility where said | ||||||
| 11 | persons are
to be placed. The Secretary, or his or her | ||||||
| 12 | designate,
shall establish written guidelines for placement of | ||||||
| 13 | persons in facilities
under this Act.
The Department shall keep | ||||||
| 14 | written records detailing which facilities have
been
| ||||||
| 15 | determined to have staff who have been appropriately trained by | ||||||
| 16 | the
Department and
all training which it has provided or
| ||||||
| 17 | required under this Section.
| ||||||
| 18 | Bills for the support for a person boarded out shall be
| ||||||
| 19 | payable monthly out of the proper maintenance funds and shall
| ||||||
| 20 | be audited as any other accounts of the Department. If a
person | ||||||
| 21 | is placed in a facility or program outside the Department, the
| ||||||
| 22 | Department may pay the actual costs of residence, treatment
or | ||||||
| 23 | maintenance in such facility and may collect such actual
costs | ||||||
| 24 | or a portion thereof from the recipient or the estate of
a | ||||||
| 25 | person placed in accordance with this Section.
| ||||||
| 26 | Other than those placed in a family home the Department
| ||||||
| |||||||
| |||||||
| 1 | shall cause all persons who are placed in a facility, as | ||||||
| 2 | defined by the
ID/DD Community Care Act or the Specialized | ||||||
| 3 | Mental Health Rehabilitation Act of 2013, or in designated | ||||||
| 4 | community living
situations or programs, to be visited at least | ||||||
| 5 | once during the first month
following placement, and once every | ||||||
| 6 | month thereafter
for the first year following placement
when | ||||||
| 7 | indicated, but at least quarterly.
After the
first year, the | ||||||
| 8 | Department shall determine at what point the appropriate
| ||||||
| 9 | licensing entity for the facility or designated community | ||||||
| 10 | living situation or
program will assume the responsibility of | ||||||
| 11 | ensuring that appropriate services
are being provided to the | ||||||
| 12 | resident. Once that responsibility is assumed, the
Department | ||||||
| 13 | may discontinue such visits. If a long term care
facility has | ||||||
| 14 | periodic care plan conferences, the visitor may participate
in | ||||||
| 15 | those conferences, if such participation is approved by the | ||||||
| 16 | resident or the
resident's guardian.
Visits shall be made by | ||||||
| 17 | qualified
and trained Department personnel, or their designee,
| ||||||
| 18 | in the area of mental health or developmental disabilities
| ||||||
| 19 | applicable to the person visited, and shall be made on a
more | ||||||
| 20 | frequent basis when indicated. The Department may not use as
| ||||||
| 21 | designee any personnel connected with or responsible to the | ||||||
| 22 | representatives
of any facility in which persons who have been | ||||||
| 23 | transferred under this
Section are placed. In the course of | ||||||
| 24 | such visit there shall be
consideration of the following areas, | ||||||
| 25 | but not limited
thereto: effects of transfer on physical and | ||||||
| 26 | mental health
of the person, sufficiency of nursing care and | ||||||
| |||||||
| |||||||
| 1 | medical coverage
required by the person, sufficiency of staff | ||||||
| 2 | personnel and
ability to provide basic care for the person, | ||||||
| 3 | social, recreational
and programmatic activities available for | ||||||
| 4 | the person, and other
appropriate aspects of the person's | ||||||
| 5 | environment.
| ||||||
| 6 | A report containing the above observations shall be made
to | ||||||
| 7 | the Department, to the licensing agency, and to any other | ||||||
| 8 | appropriate
agency
subsequent to each visitation. The report | ||||||
| 9 | shall contain
recommendations to improve the care and treatment | ||||||
| 10 | of the resident, as
necessary, which shall be reviewed by the | ||||||
| 11 | facility's interdisciplinary team and
the resident or the | ||||||
| 12 | resident's legal guardian.
| ||||||
| 13 | Upon the complaint of any person placed in accordance
with | ||||||
| 14 | this Section or any responsible citizen or upon discovery
that | ||||||
| 15 | such person has been abused, neglected, or improperly cared
| ||||||
| 16 | for, or that the placement does not provide the type of care | ||||||
| 17 | required by
the recipient's current condition, the Department
| ||||||
| 18 | immediately shall investigate, and determine if the | ||||||
| 19 | well-being, health,
care, or safety of any person is affected | ||||||
| 20 | by any of the above occurrences,
and if any one of the above | ||||||
| 21 | occurrences is verified, the Department shall
remove such | ||||||
| 22 | person at once to a facility of the Department
or to another | ||||||
| 23 | facility outside the Department, provided such
person's needs | ||||||
| 24 | can be met at said facility. The Department may
also provide | ||||||
| 25 | any person placed in accordance with this Section
who is | ||||||
| 26 | without available funds, and who is permitted to engage
in | ||||||
| |||||||
| |||||||
| 1 | employment outside the facility, such sums for the | ||||||
| 2 | transportation,
and other expenses as may be needed by him | ||||||
| 3 | until he receives
his wages for such employment.
| ||||||
| 4 | The Department shall promulgate rules and regulations
| ||||||
| 5 | governing the purchase of care for persons who are wards of
or | ||||||
| 6 | who are receiving services from the Department. Such rules
and | ||||||
| 7 | regulations shall apply to all monies expended by any agency
of | ||||||
| 8 | the State of Illinois for services rendered by any person,
| ||||||
| 9 | corporate entity, agency, governmental agency or political
| ||||||
| 10 | subdivision whether public or private outside of the Department
| ||||||
| 11 | whether payment is made through a contractual, per-diem or
| ||||||
| 12 | other arrangement. No funds shall be paid to any person,
| ||||||
| 13 | corporation, agency, governmental entity or political
| ||||||
| 14 | subdivision without compliance with such rules and | ||||||
| 15 | regulations.
| ||||||
| 16 | The rules and regulations governing purchase of care shall
| ||||||
| 17 | describe categories and types of service deemed appropriate
for | ||||||
| 18 | purchase by the Department.
| ||||||
| 19 | Any provider of services under this Act may elect to | ||||||
| 20 | receive payment
for those services, and the Department is | ||||||
| 21 | authorized to arrange for that
payment, by means of direct | ||||||
| 22 | deposit transmittals to the service provider's
account | ||||||
| 23 | maintained at a bank, savings and loan association, or other
| ||||||
| 24 | financial institution. The financial institution shall be | ||||||
| 25 | approved by the
Department, and the deposits shall be in | ||||||
| 26 | accordance with rules and
regulations adopted by the | ||||||
| |||||||
| |||||||
| 1 | Department.
| ||||||
| 2 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 3 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 4 | Section 6-115. The Department of Public Health Powers and | ||||||
| 5 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
| 6 | amended by changing Sections 2310-550, 2310-560, 2310-565, and | ||||||
| 7 | 2310-625 as follows:
| ||||||
| 8 | (20 ILCS 2310/2310-550) (was 20 ILCS 2310/55.40)
| ||||||
| 9 | Sec. 2310-550. Long-term care facilities. The Department | ||||||
| 10 | may
perform, in all long-term
care facilities as defined in the | ||||||
| 11 | Nursing Home Care
Act, all facilities as defined in the | ||||||
| 12 | Specialized Mental Health Rehabilitation Act of 2013, and all | ||||||
| 13 | facilities as defined in the ID/DD Community Care Act, all | ||||||
| 14 | inspection, evaluation, certification, and inspection of care
| ||||||
| 15 | duties that the federal government may require the State of | ||||||
| 16 | Illinois
to
perform or have performed as a condition of | ||||||
| 17 | participation in any programs
under Title XVIII or Title XIX of | ||||||
| 18 | the federal Social Security Act.
| ||||||
| 19 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 20 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 21 | (20 ILCS 2310/2310-560) (was 20 ILCS 2310/55.87)
| ||||||
| 22 | Sec. 2310-560. Advisory committees concerning
construction | ||||||
| 23 | of
facilities. | ||||||
| |||||||
| |||||||
| 1 | (a) The Director shall appoint an advisory committee. The | ||||||
| 2 | committee
shall be established by the Department by rule. The | ||||||
| 3 | Director and the
Department shall consult with the advisory | ||||||
| 4 | committee concerning the
application of building codes and | ||||||
| 5 | Department rules related to those
building codes to facilities | ||||||
| 6 | under the Ambulatory Surgical Treatment
Center Act, the Nursing | ||||||
| 7 | Home Care Act, the Specialized Mental Health Rehabilitation Act | ||||||
| 8 | of 2013, and the ID/DD Community Care Act.
| ||||||
| 9 | (b) The Director shall appoint an advisory committee to | ||||||
| 10 | advise the
Department and to conduct informal dispute | ||||||
| 11 | resolution concerning the
application of building codes for new | ||||||
| 12 | and existing construction and related
Department rules and | ||||||
| 13 | standards under the Hospital Licensing Act, including
without | ||||||
| 14 | limitation rules and standards for (i) design and construction, | ||||||
| 15 | (ii)
engineering and maintenance of the physical plant, site, | ||||||
| 16 | equipment, and
systems (heating, cooling, electrical, | ||||||
| 17 | ventilation, plumbing, water, sewer,
and solid waste | ||||||
| 18 | disposal), and (iii) fire and safety. The advisory committee
| ||||||
| 19 | shall be composed of all of the following members:
| ||||||
| 20 | (1) The chairperson or an elected representative from | ||||||
| 21 | the
Hospital Licensing Board under the Hospital Licensing | ||||||
| 22 | Act.
| ||||||
| 23 | (2) Two health care architects with a minimum of 10 | ||||||
| 24 | years of
experience in institutional design and building | ||||||
| 25 | code analysis.
| ||||||
| 26 | (3) Two engineering professionals (one mechanical and | ||||||
| |||||||
| |||||||
| 1 | one
electrical) with a minimum of 10 years of experience in | ||||||
| 2 | institutional
design and building code analysis.
| ||||||
| 3 | (4) One commercial interior design professional with a | ||||||
| 4 | minimum
of 10 years of experience.
| ||||||
| 5 | (5) Two representatives from provider associations.
| ||||||
| 6 | (6) The Director or his or her designee, who shall | ||||||
| 7 | serve as the
committee moderator.
| ||||||
| 8 | Appointments shall be made with the concurrence of the
| ||||||
| 9 | Hospital Licensing Board. The committee shall submit
| ||||||
| 10 | recommendations concerning the
application of building codes | ||||||
| 11 | and related Department rules and
standards to the
Hospital | ||||||
| 12 | Licensing Board
for review and comment prior to
submission to | ||||||
| 13 | the Department. The committee shall submit
recommendations | ||||||
| 14 | concerning informal dispute resolution to the Director.
The | ||||||
| 15 | Department shall provide per diem and travel expenses to the
| ||||||
| 16 | committee members.
| ||||||
| 17 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 18 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 19 | (20 ILCS 2310/2310-565) (was 20 ILCS 2310/55.88)
| ||||||
| 20 | Sec. 2310-565. Facility construction training
program. The
| ||||||
| 21 | Department shall conduct, at least annually, a joint in-service | ||||||
| 22 | training
program for architects, engineers, interior | ||||||
| 23 | designers, and other persons
involved in the construction of a | ||||||
| 24 | facility under the Ambulatory Surgical
Treatment Center Act, | ||||||
| 25 | the Nursing Home Care Act, the Specialized Mental Health | ||||||
| |||||||
| |||||||
| 1 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||||||
| 2 | the Hospital Licensing Act
on problems and issues relating to | ||||||
| 3 | the construction of facilities under any of
those Acts.
| ||||||
| 4 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 5 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 6 | (20 ILCS 2310/2310-625) | ||||||
| 7 | Sec. 2310-625. Emergency Powers. | ||||||
| 8 | (a) Upon proclamation of a disaster by the Governor, as | ||||||
| 9 | provided for in the Illinois Emergency Management Agency Act, | ||||||
| 10 | the Director of Public Health shall have the following powers, | ||||||
| 11 | which shall be exercised only in coordination with the Illinois | ||||||
| 12 | Emergency Management Agency and the Department of Financial and
| ||||||
| 13 | Professional Regulation: | ||||||
| 14 | (1) The power to suspend the requirements for temporary | ||||||
| 15 | or permanent licensure or certification of persons who are | ||||||
| 16 | licensed or certified in another state and are working | ||||||
| 17 | under the direction of the Illinois Emergency Management | ||||||
| 18 | Agency and the Illinois Department of Public Health | ||||||
| 19 | pursuant to the declared disaster. | ||||||
| 20 | (2) The power to modify the scope of practice | ||||||
| 21 | restrictions under the Emergency Medical Services (EMS) | ||||||
| 22 | Systems Act for any persons who are licensed under that Act | ||||||
| 23 | for any person working under the direction of the Illinois | ||||||
| 24 | Emergency Management Agency and the Illinois Department of | ||||||
| 25 | Public Health pursuant to the declared disaster. | ||||||
| |||||||
| |||||||
| 1 | (3) The power to modify the scope of practice | ||||||
| 2 | restrictions under the Nursing Home Care Act, the | ||||||
| 3 | Specialized Mental Health Rehabilitation Act of 2013, or | ||||||
| 4 | the ID/DD Community Care Act for Certified Nursing | ||||||
| 5 | Assistants for any person working under the direction of | ||||||
| 6 | the Illinois Emergency Management Agency and the Illinois | ||||||
| 7 | Department of Public Health pursuant to the declared | ||||||
| 8 | disaster. | ||||||
| 9 | (b) Persons exempt from licensure or certification under | ||||||
| 10 | paragraph (1) of subsection (a) and persons operating under | ||||||
| 11 | modified scope of practice provisions under paragraph (2) of | ||||||
| 12 | subsection (a) and paragraph (3) of subsection (a) shall be | ||||||
| 13 | exempt from licensure or certification or subject to modified | ||||||
| 14 | scope of practice only until the declared disaster has ended as | ||||||
| 15 | provided by law. For purposes of this Section, persons working | ||||||
| 16 | under the direction of an emergency services and disaster | ||||||
| 17 | agency accredited by the Illinois Emergency Management Agency | ||||||
| 18 | and a local public health department, pursuant to a declared | ||||||
| 19 | disaster, shall be deemed to be working under the direction of | ||||||
| 20 | the Illinois Emergency Management Agency and the Department of | ||||||
| 21 | Public Health.
| ||||||
| 22 | (c) The Director shall exercise these powers by way of | ||||||
| 23 | proclamation.
| ||||||
| 24 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 25 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| |||||||
| |||||||
| 1 | Section 6-120. The Abuse of Adults with Disabilities | ||||||
| 2 | Intervention Act is amended by changing Section 15 as follows:
| ||||||
| 3 | (20 ILCS 2435/15) (from Ch. 23, par. 3395-15)
| ||||||
| 4 | Sec. 15. Definitions. As used in this Act:
| ||||||
| 5 | "Abuse" means causing any physical, sexual,
or mental abuse | ||||||
| 6 | to an
adult with disabilities, including exploitation of the | ||||||
| 7 | adult's financial
resources. Nothing
in this Act shall be | ||||||
| 8 | construed to mean that an adult with disabilities is a
victim | ||||||
| 9 | of abuse or neglect for the sole reason
that
he or she is being
| ||||||
| 10 | furnished with or relies upon treatment by spiritual means | ||||||
| 11 | through prayer
alone, in accordance with the tenets and | ||||||
| 12 | practices of a recognized church
or religious denomination.
| ||||||
| 13 | Nothing in this Act shall be construed to mean that an adult | ||||||
| 14 | with
disabilities is a victim of abuse because of health care | ||||||
| 15 | services provided or
not provided by licensed health care | ||||||
| 16 | professionals.
| ||||||
| 17 | "Adult with disabilities" means a person aged 18 through 59 | ||||||
| 18 | who resides in
a domestic living
situation and whose physical | ||||||
| 19 | or mental disability impairs his or her ability to
seek or | ||||||
| 20 | obtain
protection from abuse, neglect, or exploitation.
| ||||||
| 21 | "Department" means the Department of Human Services.
| ||||||
| 22 | "Adults with Disabilities Abuse Project" or "project" | ||||||
| 23 | means
that program within the Office of Inspector General | ||||||
| 24 | designated by the
Department of Human Services to receive and | ||||||
| 25 | assess reports of alleged or
suspected abuse, neglect, or | ||||||
| |||||||
| |||||||
| 1 | exploitation of adults with
disabilities.
| ||||||
| 2 | "Domestic living situation" means a residence where the | ||||||
| 3 | adult with
disabilities lives alone or with his or her family | ||||||
| 4 | or household members, a care
giver, or others or
at a board and | ||||||
| 5 | care home or other community-based unlicensed facility, but is
| ||||||
| 6 | not:
| ||||||
| 7 | (1) A licensed facility as defined in Section 1-113 of | ||||||
| 8 | the Nursing Home
Care Act or Section 1-113 of the ID/DD | ||||||
| 9 | Community Care Act or Section 1-102 1-113 of the | ||||||
| 10 | Specialized Mental Health Rehabilitation Act of 2013.
| ||||||
| 11 | (2) A life care facility as defined in the Life Care | ||||||
| 12 | Facilities Act.
| ||||||
| 13 | (3) A home, institution, or other place operated by the | ||||||
| 14 | federal
government, a federal agency, or the State.
| ||||||
| 15 | (4) A hospital, sanitarium, or other institution, the | ||||||
| 16 | principal activity
or business of which is the diagnosis, | ||||||
| 17 | care, and treatment of human illness
through the | ||||||
| 18 | maintenance and operation of organized facilities and that | ||||||
| 19 | is
required to be licensed under the Hospital Licensing | ||||||
| 20 | Act.
| ||||||
| 21 | (5) A community living facility as defined in the | ||||||
| 22 | Community Living
Facilities Licensing Act.
| ||||||
| 23 | (6) A community-integrated living arrangement as | ||||||
| 24 | defined in the
Community-Integrated Living Arrangements | ||||||
| 25 | Licensure and Certification Act or
community residential | ||||||
| 26 | alternative as licensed under that Act.
| ||||||
| |||||||
| |||||||
| 1 | "Emergency" means a situation in which an adult with | ||||||
| 2 | disabilities is in danger of death or great bodily harm.
| ||||||
| 3 | "Family or household members" means a person who as a | ||||||
| 4 | family member,
volunteer, or paid care provider has assumed | ||||||
| 5 | responsibility for all or a
portion of the care of an adult | ||||||
| 6 | with disabilities who needs assistance with
activities of daily | ||||||
| 7 | living.
| ||||||
| 8 | "Financial exploitation" means the illegal, including | ||||||
| 9 | tortious, use of the assets or resources of an adult with
| ||||||
| 10 | disabilities.
Exploitation includes, but is not limited to, the | ||||||
| 11 | misappropriation of
assets or resources of an adult with | ||||||
| 12 | disabilities by
undue influence, by
breach of a fiduciary | ||||||
| 13 | relationship, by fraud, deception, or extortion, or
by the use | ||||||
| 14 | of the assets or resources in a manner contrary to law. | ||||||
| 15 | "Mental abuse" means the infliction of emotional or mental | ||||||
| 16 | distress by a caregiver, a family member, or any person with | ||||||
| 17 | ongoing access to a person with disabilities by threat of harm, | ||||||
| 18 | humiliation, or other verbal or nonverbal conduct. | ||||||
| 19 | "Neglect" means the failure of
another individual to | ||||||
| 20 | provide an adult with disabilities with or the willful
| ||||||
| 21 | withholding from an adult with disabilities the necessities of | ||||||
| 22 | life, including,
but not limited to, food, clothing, shelter, | ||||||
| 23 | or medical care.
| ||||||
| 24 | Nothing in the definition of "neglect" shall be construed | ||||||
| 25 | to impose a
requirement that assistance be provided to an adult | ||||||
| 26 | with disabilities over
his or her objection in the absence of a | ||||||
| |||||||
| |||||||
| 1 | court order, nor to create any new
affirmative duty to provide | ||||||
| 2 | support, assistance, or intervention to an
adult with | ||||||
| 3 | disabilities. Nothing in this Act shall be construed to mean | ||||||
| 4 | that
an adult with disabilities is a
victim of neglect because | ||||||
| 5 | of health care services provided or not provided by
licensed
| ||||||
| 6 | health care professionals.
| ||||||
| 7 | "Physical abuse" means any of the following acts:
| ||||||
| 8 | (1) knowing or reckless use of physical force, | ||||||
| 9 | confinement, or restraint;
| ||||||
| 10 | (2) knowing, repeated, and unnecessary sleep | ||||||
| 11 | deprivation;
| ||||||
| 12 | (3) knowing or reckless conduct which creates an | ||||||
| 13 | immediate risk of
physical harm; or
| ||||||
| 14 | (4) when committed by a caregiver, a family member, or | ||||||
| 15 | any person with ongoing access to a person with | ||||||
| 16 | disabilities, directing another person to physically abuse | ||||||
| 17 | a person with disabilities. | ||||||
| 18 | "Secretary" means the Secretary of Human Services.
| ||||||
| 19 | "Sexual abuse" means touching, fondling, sexual threats, | ||||||
| 20 | sexually
inappropriate remarks,
or any other sexual activity | ||||||
| 21 | with an adult with disabilities when the adult
with | ||||||
| 22 | disabilities
is unable to understand, unwilling to consent, | ||||||
| 23 | threatened, or physically forced
to engage
in sexual behavior. | ||||||
| 24 | Sexual abuse includes acts of sexual exploitation including, | ||||||
| 25 | but not limited to, facilitating or compelling an adult with | ||||||
| 26 | disabilities to become a prostitute, or receiving anything of | ||||||
| |||||||
| |||||||
| 1 | value from an adult with disabilities knowing it was obtained | ||||||
| 2 | in whole or in part from the practice of prostitution.
| ||||||
| 3 | "Substantiated case" means a reported case of alleged or | ||||||
| 4 | suspected abuse,
neglect, or exploitation in which the Adults | ||||||
| 5 | with
Disabilities Abuse
Project staff, after assessment, | ||||||
| 6 | determines that there is reason to believe
abuse, neglect, or | ||||||
| 7 | exploitation has occurred.
| ||||||
| 8 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 9 | eff. 1-1-12; 97-354, eff. 8-12-11; 97-813, eff. 7-13-12.)
| ||||||
| 10 | Section 6-125. The Illinois Finance Authority Act is | ||||||
| 11 | amended by changing Section 801-10 as follows:
| ||||||
| 12 | (20 ILCS 3501/801-10)
| ||||||
| 13 | Sec. 801-10. Definitions. The following terms, whenever | ||||||
| 14 | used or referred
to
in this Act, shall have the following | ||||||
| 15 | meanings, except in such instances where
the context may | ||||||
| 16 | clearly indicate otherwise:
| ||||||
| 17 | (a) The term "Authority" means the Illinois Finance | ||||||
| 18 | Authority created by
this Act.
| ||||||
| 19 | (b) The term "project" means an industrial project, | ||||||
| 20 | conservation project, housing project, public
purpose project, | ||||||
| 21 | higher education project, health facility project, cultural
| ||||||
| 22 | institution project, agricultural facility or agribusiness, | ||||||
| 23 | and "project" may
include any combination of one or more of the | ||||||
| 24 | foregoing undertaken jointly by
any person with one or more | ||||||
| |||||||
| |||||||
| 1 | other persons.
| ||||||
| 2 | (c) The term "public purpose project" means any project or | ||||||
| 3 | facility
including
without limitation land, buildings, | ||||||
| 4 | structures, machinery, equipment and all
other real and | ||||||
| 5 | personal property, which is authorized or required by law to be
| ||||||
| 6 | acquired, constructed, improved, rehabilitated, reconstructed, | ||||||
| 7 | replaced or
maintained by any unit of government or any other | ||||||
| 8 | lawful public purpose which
is authorized or required by law to | ||||||
| 9 | be undertaken by any unit of government.
| ||||||
| 10 | (d) The term "industrial project" means the acquisition, | ||||||
| 11 | construction,
refurbishment, creation, development or | ||||||
| 12 | redevelopment of any facility,
equipment, machinery, real | ||||||
| 13 | property or personal property for use by any
instrumentality of | ||||||
| 14 | the State or its political subdivisions, for use by any
person | ||||||
| 15 | or institution, public or private, for profit or not for | ||||||
| 16 | profit, or for
use in any trade or business including, but not | ||||||
| 17 | limited to, any industrial,
manufacturing or commercial | ||||||
| 18 | enterprise and which is (1) a capital project
including but not | ||||||
| 19 | limited to: (i) land and any rights therein, one or more
| ||||||
| 20 | buildings, structures or other improvements, machinery and | ||||||
| 21 | equipment, whether
now existing or hereafter acquired, and | ||||||
| 22 | whether or not located on the same site
or sites; (ii) all | ||||||
| 23 | appurtenances and facilities incidental to the foregoing,
| ||||||
| 24 | including, but not limited to utilities, access roads, railroad | ||||||
| 25 | sidings, track,
docking and similar facilities, parking | ||||||
| 26 | facilities, dockage, wharfage, railroad
roadbed, track, | ||||||
| |||||||
| |||||||
| 1 | trestle, depot, terminal, switching and signaling or related
| ||||||
| 2 | equipment, site preparation and landscaping; and (iii) all | ||||||
| 3 | non-capital costs
and expenses relating thereto or (2) any | ||||||
| 4 | addition to, renovation,
rehabilitation or
improvement of a | ||||||
| 5 | capital project or (3) any activity or undertaking which the
| ||||||
| 6 | Authority determines will aid, assist or encourage economic | ||||||
| 7 | growth, development
or redevelopment within the State or any | ||||||
| 8 | area thereof, will promote the
expansion, retention or | ||||||
| 9 | diversification of employment opportunities within the
State | ||||||
| 10 | or any area thereof or will aid in stabilizing or developing | ||||||
| 11 | any industry
or economic sector of the State economy. The term | ||||||
| 12 | "industrial project" also
means the production of motion | ||||||
| 13 | pictures.
| ||||||
| 14 | (e) The term "bond" or "bonds" shall include bonds, notes | ||||||
| 15 | (including bond,
grant or revenue anticipation notes), | ||||||
| 16 | certificates and/or other evidences of
indebtedness | ||||||
| 17 | representing an obligation to pay money, including refunding
| ||||||
| 18 | bonds.
| ||||||
| 19 | (f) The terms "lease agreement" and "loan agreement" shall | ||||||
| 20 | mean: (i) an
agreement whereby a project acquired by the | ||||||
| 21 | Authority by purchase, gift or
lease
is leased to any person, | ||||||
| 22 | corporation or unit of local government which will use
or cause | ||||||
| 23 | the project to be used as a project as heretofore defined upon | ||||||
| 24 | terms
providing for lease rental payments at least sufficient | ||||||
| 25 | to pay when due all
principal of, interest and premium, if any, | ||||||
| 26 | on any bonds of the Authority
issued
with respect to such | ||||||
| |||||||
| |||||||
| 1 | project, providing for the maintenance, insuring and
operation | ||||||
| 2 | of the project on terms satisfactory to the Authority, | ||||||
| 3 | providing for
disposition of the project upon termination of | ||||||
| 4 | the lease term, including
purchase options or abandonment of | ||||||
| 5 | the premises, and such other terms as may be
deemed desirable | ||||||
| 6 | by the Authority, or (ii) any agreement pursuant to which the
| ||||||
| 7 | Authority agrees to loan the proceeds of its bonds issued with | ||||||
| 8 | respect to a
project or other funds of the Authority to any | ||||||
| 9 | person which will use or cause
the project to be used as a | ||||||
| 10 | project as heretofore defined upon terms providing
for loan | ||||||
| 11 | repayment installments at least sufficient to pay when due all
| ||||||
| 12 | principal of, interest and premium, if any, on any bonds of the | ||||||
| 13 | Authority, if
any, issued with respect to the project, and | ||||||
| 14 | providing for maintenance,
insurance and other matters as may | ||||||
| 15 | be deemed desirable by the Authority.
| ||||||
| 16 | (g) The term "financial aid" means the expenditure of | ||||||
| 17 | Authority funds or
funds provided by the Authority through the | ||||||
| 18 | issuance of its bonds, notes or
other
evidences of indebtedness | ||||||
| 19 | or from other sources for the development,
construction, | ||||||
| 20 | acquisition or improvement of a project.
| ||||||
| 21 | (h) The term "person" means an individual, corporation, | ||||||
| 22 | unit of government,
business trust, estate, trust, partnership | ||||||
| 23 | or association, 2 or more persons
having a joint or common | ||||||
| 24 | interest, or any other legal entity.
| ||||||
| 25 | (i) The term "unit of government" means the federal | ||||||
| 26 | government, the State or
unit of local government, a school | ||||||
| |||||||
| |||||||
| 1 | district, or any agency or instrumentality,
office, officer, | ||||||
| 2 | department, division, bureau, commission, college or
| ||||||
| 3 | university thereof.
| ||||||
| 4 | (j) The term "health facility" means: (a) any public or | ||||||
| 5 | private institution,
place, building, or agency required to be | ||||||
| 6 | licensed under the Hospital Licensing
Act; (b) any public or | ||||||
| 7 | private institution, place, building, or agency required
to be | ||||||
| 8 | licensed under the Nursing Home Care Act, the Specialized | ||||||
| 9 | Mental Health Rehabilitation Act of 2013, or the ID/DD | ||||||
| 10 | Community Care Act; (c)
any public or licensed private hospital | ||||||
| 11 | as defined in the Mental Health and
Developmental Disabilities | ||||||
| 12 | Code; (d) any such facility exempted from such
licensure when | ||||||
| 13 | the Director of Public Health attests that such exempted
| ||||||
| 14 | facility
meets the statutory definition of a facility subject | ||||||
| 15 | to licensure; (e) any
other
public or private health service | ||||||
| 16 | institution, place, building, or agency which
the Director of | ||||||
| 17 | Public Health attests is subject to certification by the
| ||||||
| 18 | Secretary, U.S. Department of Health and Human Services under | ||||||
| 19 | the Social
Security Act, as now or hereafter amended, or which | ||||||
| 20 | the Director of Public
Health attests is subject to | ||||||
| 21 | standard-setting by a recognized public or
voluntary | ||||||
| 22 | accrediting or standard-setting agency; (f) any public or | ||||||
| 23 | private
institution, place, building or agency engaged in | ||||||
| 24 | providing one or more
supporting services to a health facility; | ||||||
| 25 | (g) any public or private
institution,
place, building or | ||||||
| 26 | agency engaged in providing training in the healing arts,
| ||||||
| |||||||
| |||||||
| 1 | including but not limited to schools of medicine, dentistry, | ||||||
| 2 | osteopathy,
optometry, podiatry, pharmacy or nursing, schools | ||||||
| 3 | for the training of x-ray,
laboratory or other health care | ||||||
| 4 | technicians and schools for the training of
para-professionals | ||||||
| 5 | in the health care field; (h) any public or private
congregate, | ||||||
| 6 | life or extended care or elderly housing facility or any public | ||||||
| 7 | or
private home for the aged or infirm, including, without | ||||||
| 8 | limitation, any
Facility as defined in the Life Care Facilities | ||||||
| 9 | Act; (i) any public or private
mental, emotional or physical | ||||||
| 10 | rehabilitation facility or any public or private
educational, | ||||||
| 11 | counseling, or rehabilitation facility or home, for those | ||||||
| 12 | persons
with a developmental disability, those who are | ||||||
| 13 | physically ill or disabled, the
emotionally disturbed, those | ||||||
| 14 | persons with a mental illness or persons with
learning or | ||||||
| 15 | similar disabilities or problems; (j) any public or private
| ||||||
| 16 | alcohol, drug or substance abuse diagnosis, counseling | ||||||
| 17 | treatment or
rehabilitation
facility, (k) any public or private | ||||||
| 18 | institution, place, building or agency
licensed by the | ||||||
| 19 | Department of Children and Family Services or which is not so
| ||||||
| 20 | licensed but which the Director of Children and Family Services | ||||||
| 21 | attests
provides child care, child welfare or other services of | ||||||
| 22 | the type provided by
facilities
subject to such licensure; (l) | ||||||
| 23 | any public or private adoption agency or
facility; and (m) any | ||||||
| 24 | public or private blood bank or blood center. "Health
facility" | ||||||
| 25 | also means a public or private structure or structures suitable
| ||||||
| 26 | primarily for use as a laboratory, laundry, nurses or interns | ||||||
| |||||||
| |||||||
| 1 | residence or
other housing or hotel facility used in whole or | ||||||
| 2 | in part for staff, employees
or
students and their families, | ||||||
| 3 | patients or relatives of patients admitted for
treatment or | ||||||
| 4 | care in a health facility, or persons conducting business with | ||||||
| 5 | a
health facility, physician's facility, surgicenter, | ||||||
| 6 | administration building,
research facility, maintenance, | ||||||
| 7 | storage or utility facility and all structures
or facilities | ||||||
| 8 | related to any of the foregoing or required or useful for the
| ||||||
| 9 | operation of a health facility, including parking or other | ||||||
| 10 | facilities or other
supporting service structures required or | ||||||
| 11 | useful for the orderly conduct of
such health facility. "Health | ||||||
| 12 | facility" also means, with respect to a project located outside | ||||||
| 13 | the State, any public or private institution, place, building, | ||||||
| 14 | or agency which provides services similar to those described | ||||||
| 15 | above, provided that such project is owned, operated, leased or | ||||||
| 16 | managed by a participating health institution located within | ||||||
| 17 | the State, or a participating health institution affiliated | ||||||
| 18 | with an entity located within the State.
| ||||||
| 19 | (k) The term "participating health institution" means (i) a | ||||||
| 20 | private corporation
or association or (ii) a public entity of | ||||||
| 21 | this State, in either case authorized by the laws of this
State | ||||||
| 22 | or the applicable state to provide or operate a health facility | ||||||
| 23 | as defined in this Act and which,
pursuant to the provisions of | ||||||
| 24 | this Act, undertakes the financing, construction
or | ||||||
| 25 | acquisition of a project or undertakes the refunding or | ||||||
| 26 | refinancing of
obligations, loans, indebtedness or advances as | ||||||
| |||||||
| |||||||
| 1 | provided in this Act.
| ||||||
| 2 | (l) The term "health facility project", means a specific | ||||||
| 3 | health facility
work
or improvement to be financed or | ||||||
| 4 | refinanced (including without limitation
through reimbursement | ||||||
| 5 | of prior expenditures), acquired, constructed, enlarged,
| ||||||
| 6 | remodeled, renovated, improved, furnished, or equipped, with | ||||||
| 7 | funds provided in
whole or in part hereunder, any accounts | ||||||
| 8 | receivable, working capital, liability
or insurance cost or | ||||||
| 9 | operating expense financing or refinancing program of a
health | ||||||
| 10 | facility with or involving funds provided in whole or in part | ||||||
| 11 | hereunder,
or any combination thereof.
| ||||||
| 12 | (m) The term "bond resolution" means the resolution or | ||||||
| 13 | resolutions
authorizing the issuance of, or providing terms and | ||||||
| 14 | conditions related to,
bonds issued
under this Act and | ||||||
| 15 | includes, where appropriate, any trust agreement, trust
| ||||||
| 16 | indenture, indenture of mortgage or deed of trust providing | ||||||
| 17 | terms and
conditions for such bonds.
| ||||||
| 18 | (n) The term "property" means any real, personal or mixed | ||||||
| 19 | property, whether
tangible or intangible, or any interest | ||||||
| 20 | therein, including, without limitation,
any real estate, | ||||||
| 21 | leasehold interests, appurtenances, buildings, easements,
| ||||||
| 22 | equipment, furnishings, furniture, improvements, machinery, | ||||||
| 23 | rights of way,
structures, accounts, contract rights or any | ||||||
| 24 | interest therein.
| ||||||
| 25 | (o) The term "revenues" means, with respect to any project, | ||||||
| 26 | the rents, fees,
charges, interest, principal repayments, | ||||||
| |||||||
| |||||||
| 1 | collections and other income or profit
derived therefrom.
| ||||||
| 2 | (p) The term "higher education project" means, in the case | ||||||
| 3 | of a private
institution of higher education, an educational | ||||||
| 4 | facility to be acquired,
constructed, enlarged, remodeled, | ||||||
| 5 | renovated, improved, furnished, or equipped,
or any | ||||||
| 6 | combination thereof.
| ||||||
| 7 | (q) The term "cultural institution project" means, in the | ||||||
| 8 | case of a cultural
institution, a cultural facility to be | ||||||
| 9 | acquired, constructed, enlarged,
remodeled, renovated, | ||||||
| 10 | improved, furnished, or equipped, or any combination
thereof.
| ||||||
| 11 | (r) The term "educational facility" means any property | ||||||
| 12 | located within the
State, or any property located outside the | ||||||
| 13 | State, provided that, if the property is located outside the | ||||||
| 14 | State, it must be owned, operated, leased or managed by an | ||||||
| 15 | entity located within the State or an entity affiliated with an | ||||||
| 16 | entity located within the State, in each case
constructed or | ||||||
| 17 | acquired before or after the effective date of this Act, which
| ||||||
| 18 | is
or will be, in whole or in part, suitable for the | ||||||
| 19 | instruction, feeding,
recreation or housing of students, the | ||||||
| 20 | conducting of research or other work of
a
private institution | ||||||
| 21 | of higher education, the use by a private institution of
higher | ||||||
| 22 | education in connection with any educational, research or | ||||||
| 23 | related or
incidental activities then being or to be conducted | ||||||
| 24 | by it, or any combination
of the foregoing, including, without | ||||||
| 25 | limitation, any such property suitable for
use as or in | ||||||
| 26 | connection with any one or more of the following: an academic
| ||||||
| |||||||
| |||||||
| 1 | facility, administrative facility, agricultural facility, | ||||||
| 2 | assembly hall,
athletic facility, auditorium, boating | ||||||
| 3 | facility, campus, communication
facility,
computer facility, | ||||||
| 4 | continuing education facility, classroom, dining hall,
| ||||||
| 5 | dormitory, exhibition hall, fire fighting facility, fire | ||||||
| 6 | prevention facility,
food service and preparation facility, | ||||||
| 7 | gymnasium, greenhouse, health care
facility, hospital, | ||||||
| 8 | housing, instructional facility, laboratory, library,
| ||||||
| 9 | maintenance facility, medical facility, museum, offices, | ||||||
| 10 | parking area,
physical education facility, recreational | ||||||
| 11 | facility, research facility, stadium,
storage facility, | ||||||
| 12 | student union, study facility, theatre or utility.
| ||||||
| 13 | (s) The term "cultural facility" means any property located | ||||||
| 14 | within the State, or any property located outside the State, | ||||||
| 15 | provided that, if the property is located outside the State, it | ||||||
| 16 | must be owned, operated, leased or managed by an entity located | ||||||
| 17 | within the State or an entity affiliated with an entity located | ||||||
| 18 | within the State, in each case
constructed or acquired before | ||||||
| 19 | or after the effective date of this Act, which
is or will be, | ||||||
| 20 | in whole or in part, suitable for the particular purposes or
| ||||||
| 21 | needs
of a cultural institution, including, without | ||||||
| 22 | limitation, any such property
suitable for use as or in | ||||||
| 23 | connection with any one or more of the following: an
| ||||||
| 24 | administrative facility, aquarium, assembly hall, auditorium, | ||||||
| 25 | botanical garden,
exhibition hall, gallery, greenhouse, | ||||||
| 26 | library, museum, scientific laboratory,
theater or zoological | ||||||
| |||||||
| |||||||
| 1 | facility, and shall also include, without limitation,
books, | ||||||
| 2 | works of art or music, animal, plant or aquatic life or other | ||||||
| 3 | items for
display, exhibition or performance. The term | ||||||
| 4 | "cultural facility" includes
buildings on the National | ||||||
| 5 | Register of Historic Places which are owned or
operated by | ||||||
| 6 | nonprofit entities.
| ||||||
| 7 | (t) "Private institution of higher education" means a | ||||||
| 8 | not-for-profit
educational institution which is not owned by | ||||||
| 9 | the State or any political
subdivision, agency, | ||||||
| 10 | instrumentality, district or municipality thereof, which
is
| ||||||
| 11 | authorized by law to provide a program of education beyond the | ||||||
| 12 | high school
level
and which:
| ||||||
| 13 | (1) Admits as regular students only individuals having | ||||||
| 14 | a
certificate of graduation from a high school, or the | ||||||
| 15 | recognized equivalent of
such a certificate;
| ||||||
| 16 | (2) Provides an educational program for which it awards | ||||||
| 17 | a
bachelor's degree, or provides an educational program, | ||||||
| 18 | admission into which is
conditioned upon the prior | ||||||
| 19 | attainment of a bachelor's degree or its equivalent,
for | ||||||
| 20 | which it awards a postgraduate degree, or provides not less | ||||||
| 21 | than a 2-year
program which is acceptable for full credit | ||||||
| 22 | toward such a degree, or offers a
2-year program in | ||||||
| 23 | engineering, mathematics, or the physical or biological
| ||||||
| 24 | sciences
which is designed to prepare the student to work | ||||||
| 25 | as a technician and at a
semiprofessional level in | ||||||
| 26 | engineering, scientific, or other technological
fields
| ||||||
| |||||||
| |||||||
| 1 | which require the understanding and application of basic | ||||||
| 2 | engineering,
scientific, or mathematical principles or | ||||||
| 3 | knowledge;
| ||||||
| 4 | (3) Is accredited by a nationally recognized | ||||||
| 5 | accrediting agency or
association or, if not so accredited, | ||||||
| 6 | is an institution whose credits are
accepted, on transfer, | ||||||
| 7 | by not less than 3 institutions which are so accredited,
| ||||||
| 8 | for credit on the same basis as if transferred from an | ||||||
| 9 | institution so
accredited, and holds an unrevoked | ||||||
| 10 | certificate of approval under the Private
College Act from | ||||||
| 11 | the Board of Higher Education, or is qualified as a
"degree | ||||||
| 12 | granting institution" under the Academic Degree Act; and
| ||||||
| 13 | (4) Does not discriminate in the admission of students | ||||||
| 14 | on the basis
of race or color.
"Private institution of | ||||||
| 15 | higher education" also includes any "academic
| ||||||
| 16 | institution".
| ||||||
| 17 | (u) The term "academic institution" means any | ||||||
| 18 | not-for-profit institution
which
is not owned by the State or | ||||||
| 19 | any political subdivision, agency,
instrumentality,
district | ||||||
| 20 | or municipality thereof, which institution engages in, or | ||||||
| 21 | facilitates
academic, scientific, educational or professional | ||||||
| 22 | research or learning in a
field or fields of study taught at a | ||||||
| 23 | private institution of higher education.
Academic institutions | ||||||
| 24 | include, without limitation, libraries, archives,
academic, | ||||||
| 25 | scientific, educational or professional societies, | ||||||
| 26 | institutions,
associations or foundations having such | ||||||
| |||||||
| |||||||
| 1 | purposes.
| ||||||
| 2 | (v) The term "cultural institution" means any | ||||||
| 3 | not-for-profit institution
which
is not owned by the State or | ||||||
| 4 | any political subdivision, agency,
instrumentality,
district | ||||||
| 5 | or municipality thereof, which institution engages in the | ||||||
| 6 | cultural,
intellectual, scientific, educational or artistic | ||||||
| 7 | enrichment of the people of
the State. Cultural institutions | ||||||
| 8 | include, without limitation, aquaria,
botanical societies, | ||||||
| 9 | historical societies, libraries, museums, performing arts
| ||||||
| 10 | associations or societies, scientific societies and zoological | ||||||
| 11 | societies.
| ||||||
| 12 | (w) The term "affiliate" means, with respect to financing | ||||||
| 13 | of an agricultural
facility or an agribusiness, any lender, any | ||||||
| 14 | person, firm or corporation
controlled by, or under common | ||||||
| 15 | control with, such lender, and any person, firm
or corporation | ||||||
| 16 | controlling such lender.
| ||||||
| 17 | (x) The term "agricultural facility" means land, any | ||||||
| 18 | building or other
improvement thereon or thereto, and any | ||||||
| 19 | personal properties deemed necessary or
suitable for use, | ||||||
| 20 | whether or not now in existence, in farming, ranching, the
| ||||||
| 21 | production of agricultural commodities (including, without | ||||||
| 22 | limitation, the
products of aquaculture, hydroponics and | ||||||
| 23 | silviculture) or the treating,
processing or storing of such | ||||||
| 24 | agricultural commodities when such activities are
customarily | ||||||
| 25 | engaged in by farmers as a part of farming.
| ||||||
| 26 | (y) The term "lender" with respect to financing of an | ||||||
| |||||||
| |||||||
| 1 | agricultural facility
or an agribusiness, means any federal or | ||||||
| 2 | State chartered bank, Federal Land
Bank,
Production Credit | ||||||
| 3 | Association, Bank for Cooperatives, federal or State
chartered | ||||||
| 4 | savings and loan association or building and loan association, | ||||||
| 5 | Small
Business
Investment Company or any other institution | ||||||
| 6 | qualified within this State to
originate and service loans, | ||||||
| 7 | including, but without limitation to, insurance
companies, | ||||||
| 8 | credit unions and mortgage loan companies. "Lender" also means | ||||||
| 9 | a
wholly owned subsidiary of a manufacturer, seller or | ||||||
| 10 | distributor of goods or
services that makes loans to businesses | ||||||
| 11 | or individuals, commonly known as a
"captive finance company".
| ||||||
| 12 | (z) The term "agribusiness" means any sole proprietorship, | ||||||
| 13 | limited
partnership, co-partnership, joint venture, | ||||||
| 14 | corporation or cooperative which
operates or will operate a | ||||||
| 15 | facility located within the State of Illinois that
is related | ||||||
| 16 | to the
processing of agricultural commodities (including, | ||||||
| 17 | without limitation, the
products of aquaculture, hydroponics | ||||||
| 18 | and silviculture) or the manufacturing,
production or | ||||||
| 19 | construction of agricultural buildings, structures, equipment,
| ||||||
| 20 | implements, and supplies, or any other facilities or processes | ||||||
| 21 | used in
agricultural production. Agribusiness includes but is | ||||||
| 22 | not limited to the
following:
| ||||||
| 23 | (1) grain handling and processing, including grain | ||||||
| 24 | storage,
drying, treatment, conditioning, mailing and | ||||||
| 25 | packaging;
| ||||||
| 26 | (2) seed and feed grain development and processing;
| ||||||
| |||||||
| |||||||
| 1 | (3) fruit and vegetable processing, including | ||||||
| 2 | preparation, canning
and packaging;
| ||||||
| 3 | (4) processing of livestock and livestock products, | ||||||
| 4 | dairy products,
poultry and poultry products, fish or | ||||||
| 5 | apiarian products, including slaughter,
shearing, | ||||||
| 6 | collecting, preparation, canning and packaging;
| ||||||
| 7 | (5) fertilizer and agricultural chemical | ||||||
| 8 | manufacturing,
processing, application and supplying;
| ||||||
| 9 | (6) farm machinery, equipment and implement | ||||||
| 10 | manufacturing and
supplying;
| ||||||
| 11 | (7) manufacturing and supplying of agricultural | ||||||
| 12 | commodity
processing machinery and equipment, including | ||||||
| 13 | machinery and equipment used in
slaughter, treatment, | ||||||
| 14 | handling, collecting, preparation, canning or packaging
of | ||||||
| 15 | agricultural commodities;
| ||||||
| 16 | (8) farm building and farm structure manufacturing, | ||||||
| 17 | construction
and supplying;
| ||||||
| 18 | (9) construction, manufacturing, implementation, | ||||||
| 19 | supplying or
servicing of irrigation, drainage and soil and | ||||||
| 20 | water conservation devices or
equipment;
| ||||||
| 21 | (10) fuel processing and development facilities that | ||||||
| 22 | produce fuel
from agricultural commodities or byproducts;
| ||||||
| 23 | (11) facilities and equipment for processing and | ||||||
| 24 | packaging
agricultural commodities specifically for | ||||||
| 25 | export;
| ||||||
| 26 | (12) facilities and equipment for forestry product | ||||||
| |||||||
| |||||||
| 1 | processing and
supplying, including sawmilling operations, | ||||||
| 2 | wood chip operations, timber
harvesting operations, and | ||||||
| 3 | manufacturing of prefabricated buildings, paper,
furniture | ||||||
| 4 | or other goods from forestry products;
| ||||||
| 5 | (13) facilities and equipment for research and | ||||||
| 6 | development of
products, processes and equipment for the | ||||||
| 7 | production, processing, preparation
or packaging of | ||||||
| 8 | agricultural commodities and byproducts.
| ||||||
| 9 | (aa) The term "asset" with respect to financing of any | ||||||
| 10 | agricultural facility
or
any agribusiness, means, but is not | ||||||
| 11 | limited to the following: cash crops or
feed on hand; livestock | ||||||
| 12 | held for sale; breeding stock; marketable bonds and
securities; | ||||||
| 13 | securities not readily marketable; accounts receivable; notes
| ||||||
| 14 | receivable; cash invested in growing crops; net cash value of | ||||||
| 15 | life insurance;
machinery and equipment; cars and trucks; farm | ||||||
| 16 | and other real estate including
life estates and personal | ||||||
| 17 | residence; value of beneficial interests in trusts;
government | ||||||
| 18 | payments or grants; and any other assets.
| ||||||
| 19 | (bb) The term "liability" with respect to financing of any | ||||||
| 20 | agricultural
facility or any agribusiness shall include, but | ||||||
| 21 | not be limited to the
following:
accounts payable; notes or | ||||||
| 22 | other indebtedness owed to any source; taxes; rent;
amounts | ||||||
| 23 | owed on real estate contracts or real estate mortgages; | ||||||
| 24 | judgments;
accrued interest payable; and any other liability.
| ||||||
| 25 | (cc) The term "Predecessor Authorities" means those | ||||||
| 26 | authorities as described
in Section 845-75.
| ||||||
| |||||||
| |||||||
| 1 | (dd) The term "housing project" means a specific work or | ||||||
| 2 | improvement
undertaken
to provide residential dwelling | ||||||
| 3 | accommodations, including the acquisition,
construction or | ||||||
| 4 | rehabilitation of lands, buildings and community facilities | ||||||
| 5 | and
in connection therewith to provide nonhousing facilities | ||||||
| 6 | which are part of the
housing project, including land, | ||||||
| 7 | buildings, improvements, equipment and all
ancillary | ||||||
| 8 | facilities for use for offices, stores, retirement homes, | ||||||
| 9 | hotels,
financial institutions, service, health care, | ||||||
| 10 | education, recreation or research
establishments, or any other | ||||||
| 11 | commercial purpose which are or are to be related
to a housing | ||||||
| 12 | development. | ||||||
| 13 | (ee) The term "conservation project" means any project | ||||||
| 14 | including the acquisition, construction, rehabilitation, | ||||||
| 15 | maintenance, operation, or upgrade that is intended to create | ||||||
| 16 | or expand open space or to reduce energy usage through | ||||||
| 17 | efficiency measures. For the purpose of this definition, "open | ||||||
| 18 | space" has the definition set forth under Section 10 of the | ||||||
| 19 | Illinois Open Land Trust Act.
| ||||||
| 20 | (ff) The term "significant presence" means the existence | ||||||
| 21 | within the State of the national or regional headquarters of an | ||||||
| 22 | entity or group or such other facility of an entity or group of | ||||||
| 23 | entities where a significant amount of the business functions | ||||||
| 24 | are performed for such entity or group of entities. | ||||||
| 25 | (Source: P.A. 96-339, eff. 7-1-10; 96-1021, eff. 7-12-10; | ||||||
| 26 | 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. | ||||||
| |||||||
| |||||||
| 1 | 7-13-12.)
| ||||||
| 2 | Section 6-135. The Illinois Income Tax Act is amended by | ||||||
| 3 | changing Section 806 as follows:
| ||||||
| 4 | (35 ILCS 5/806)
| ||||||
| 5 | Sec. 806. Exemption from penalty. An individual taxpayer | ||||||
| 6 | shall not be
subject to a penalty for failing to pay estimated | ||||||
| 7 | tax as required by Section
803 if the
taxpayer is 65 years of | ||||||
| 8 | age or older and is a permanent resident of a nursing
home.
For | ||||||
| 9 | purposes of this Section, "nursing home" means a skilled | ||||||
| 10 | nursing or
intermediate long term care facility that is subject | ||||||
| 11 | to licensure by the
Illinois
Department of Public Health under | ||||||
| 12 | the Nursing Home Care Act, the Specialized Mental Health | ||||||
| 13 | Rehabilitation Act of 2013, or the ID/DD Community Care Act.
| ||||||
| 14 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 15 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 16 | Section 6-140. The Use Tax Act is amended by changing | ||||||
| 17 | Section 3-5 as follows:
| ||||||
| 18 | (35 ILCS 105/3-5)
| ||||||
| 19 | Sec. 3-5. Exemptions. Use of the following tangible | ||||||
| 20 | personal property
is exempt from the tax imposed by this Act:
| ||||||
| 21 | (1) Personal property purchased from a corporation, | ||||||
| 22 | society, association,
foundation, institution, or | ||||||
| |||||||
| |||||||
| 1 | organization, other than a limited liability
company, that is | ||||||
| 2 | organized and operated as a not-for-profit service enterprise
| ||||||
| 3 | for the benefit of persons 65 years of age or older if the | ||||||
| 4 | personal property
was not purchased by the enterprise for the | ||||||
| 5 | purpose of resale by the
enterprise.
| ||||||
| 6 | (2) Personal property purchased by a not-for-profit | ||||||
| 7 | Illinois county
fair association for use in conducting, | ||||||
| 8 | operating, or promoting the
county fair.
| ||||||
| 9 | (3) Personal property purchased by a not-for-profit
arts or | ||||||
| 10 | cultural organization that establishes, by proof required by | ||||||
| 11 | the
Department by
rule, that it has received an exemption under | ||||||
| 12 | Section 501(c)(3) of the Internal
Revenue Code and that is | ||||||
| 13 | organized and operated primarily for the
presentation
or | ||||||
| 14 | support of arts or cultural programming, activities, or | ||||||
| 15 | services. These
organizations include, but are not limited to, | ||||||
| 16 | music and dramatic arts
organizations such as symphony | ||||||
| 17 | orchestras and theatrical groups, arts and
cultural service | ||||||
| 18 | organizations, local arts councils, visual arts organizations,
| ||||||
| 19 | and media arts organizations.
On and after the effective date | ||||||
| 20 | of this amendatory Act of the 92nd General
Assembly, however, | ||||||
| 21 | an entity otherwise eligible for this exemption shall not
make | ||||||
| 22 | tax-free purchases unless it has an active identification | ||||||
| 23 | number issued by
the Department.
| ||||||
| 24 | (4) Personal property purchased by a governmental body, by | ||||||
| 25 | a
corporation, society, association, foundation, or | ||||||
| 26 | institution organized and
operated exclusively for charitable, | ||||||
| |||||||
| |||||||
| 1 | religious, or educational purposes, or
by a not-for-profit | ||||||
| 2 | corporation, society, association, foundation,
institution, or | ||||||
| 3 | organization that has no compensated officers or employees
and | ||||||
| 4 | that is organized and operated primarily for the recreation of | ||||||
| 5 | persons
55 years of age or older. A limited liability company | ||||||
| 6 | may qualify for the
exemption under this paragraph only if the | ||||||
| 7 | limited liability company is
organized and operated | ||||||
| 8 | exclusively for educational purposes. On and after July
1, | ||||||
| 9 | 1987, however, no entity otherwise eligible for this exemption | ||||||
| 10 | shall make
tax-free purchases unless it has an active exemption | ||||||
| 11 | identification number
issued by the Department.
| ||||||
| 12 | (5) Until July 1, 2003, a passenger car that is a | ||||||
| 13 | replacement vehicle to
the extent that the
purchase price of | ||||||
| 14 | the car is subject to the Replacement Vehicle Tax.
| ||||||
| 15 | (6) Until July 1, 2003 and beginning again on September 1, | ||||||
| 16 | 2004 through August 30, 2014, graphic arts machinery and | ||||||
| 17 | equipment, including
repair and replacement
parts, both new and | ||||||
| 18 | used, and including that manufactured on special order,
| ||||||
| 19 | certified by the purchaser to be used primarily for graphic | ||||||
| 20 | arts production,
and including machinery and equipment | ||||||
| 21 | purchased for lease.
Equipment includes chemicals or chemicals | ||||||
| 22 | acting as catalysts but only if
the
chemicals or chemicals | ||||||
| 23 | acting as catalysts effect a direct and immediate change
upon a | ||||||
| 24 | graphic arts product.
| ||||||
| 25 | (7) Farm chemicals.
| ||||||
| 26 | (8) Legal tender, currency, medallions, or gold or silver | ||||||
| |||||||
| |||||||
| 1 | coinage issued by
the State of Illinois, the government of the | ||||||
| 2 | United States of America, or the
government of any foreign | ||||||
| 3 | country, and bullion.
| ||||||
| 4 | (9) Personal property purchased from a teacher-sponsored | ||||||
| 5 | student
organization affiliated with an elementary or | ||||||
| 6 | secondary school located in
Illinois.
| ||||||
| 7 | (10) A motor vehicle of the first division, a motor vehicle | ||||||
| 8 | of the
second division that is a self-contained motor vehicle | ||||||
| 9 | designed or
permanently converted to provide living quarters | ||||||
| 10 | for recreational, camping,
or travel use, with direct walk | ||||||
| 11 | through to the living quarters from the
driver's seat, or a | ||||||
| 12 | motor vehicle of the second division that is of the
van | ||||||
| 13 | configuration designed for the transportation of not less than | ||||||
| 14 | 7 nor
more than 16 passengers, as defined in Section 1-146 of | ||||||
| 15 | the Illinois
Vehicle Code, that is used for automobile renting, | ||||||
| 16 | as defined in the
Automobile Renting Occupation and Use Tax | ||||||
| 17 | Act.
| ||||||
| 18 | (11) Farm machinery and equipment, both new and used,
| ||||||
| 19 | including that manufactured on special order, certified by the | ||||||
| 20 | purchaser
to be used primarily for production agriculture or | ||||||
| 21 | State or federal
agricultural programs, including individual | ||||||
| 22 | replacement parts for
the machinery and equipment, including | ||||||
| 23 | machinery and equipment
purchased
for lease,
and including | ||||||
| 24 | implements of husbandry defined in Section 1-130 of
the | ||||||
| 25 | Illinois Vehicle Code, farm machinery and agricultural | ||||||
| 26 | chemical and
fertilizer spreaders, and nurse wagons required to | ||||||
| |||||||
| |||||||
| 1 | be registered
under Section 3-809 of the Illinois Vehicle Code,
| ||||||
| 2 | but excluding other motor
vehicles required to be
registered | ||||||
| 3 | under the Illinois Vehicle Code.
Horticultural polyhouses or | ||||||
| 4 | hoop houses used for propagating, growing, or
overwintering | ||||||
| 5 | plants shall be considered farm machinery and equipment under
| ||||||
| 6 | this item (11).
Agricultural chemical tender tanks and dry | ||||||
| 7 | boxes shall include units sold
separately from a motor vehicle | ||||||
| 8 | required to be licensed and units sold mounted
on a motor | ||||||
| 9 | vehicle required to be licensed if the selling price of the | ||||||
| 10 | tender
is separately stated.
| ||||||
| 11 | Farm machinery and equipment shall include precision | ||||||
| 12 | farming equipment
that is
installed or purchased to be | ||||||
| 13 | installed on farm machinery and equipment
including, but not | ||||||
| 14 | limited to, tractors, harvesters, sprayers, planters,
seeders, | ||||||
| 15 | or spreaders.
Precision farming equipment includes, but is not | ||||||
| 16 | limited to, soil testing
sensors, computers, monitors, | ||||||
| 17 | software, global positioning
and mapping systems, and other | ||||||
| 18 | such equipment.
| ||||||
| 19 | Farm machinery and equipment also includes computers, | ||||||
| 20 | sensors, software, and
related equipment used primarily in the
| ||||||
| 21 | computer-assisted operation of production agriculture | ||||||
| 22 | facilities, equipment,
and
activities such as, but not limited | ||||||
| 23 | to,
the collection, monitoring, and correlation of
animal and | ||||||
| 24 | crop data for the purpose of
formulating animal diets and | ||||||
| 25 | agricultural chemicals. This item (11) is exempt
from the | ||||||
| 26 | provisions of
Section 3-90.
| ||||||
| |||||||
| |||||||
| 1 | (12) Fuel and petroleum products sold to or used by an air | ||||||
| 2 | common
carrier, certified by the carrier to be used for | ||||||
| 3 | consumption, shipment, or
storage in the conduct of its | ||||||
| 4 | business as an air common carrier, for a
flight destined for or | ||||||
| 5 | returning from a location or locations
outside the United | ||||||
| 6 | States without regard to previous or subsequent domestic
| ||||||
| 7 | stopovers.
| ||||||
| 8 | (13) Proceeds of mandatory service charges separately
| ||||||
| 9 | stated on customers' bills for the purchase and consumption of | ||||||
| 10 | food and
beverages purchased at retail from a retailer, to the | ||||||
| 11 | extent that the proceeds
of the service charge are in fact | ||||||
| 12 | turned over as tips or as a substitute
for tips to the | ||||||
| 13 | employees who participate directly in preparing, serving,
| ||||||
| 14 | hosting or cleaning up the food or beverage function with | ||||||
| 15 | respect to which
the service charge is imposed.
| ||||||
| 16 | (14) Until July 1, 2003, oil field exploration, drilling, | ||||||
| 17 | and production
equipment,
including (i) rigs and parts of rigs, | ||||||
| 18 | rotary
rigs, cable tool rigs, and workover rigs, (ii) pipe and | ||||||
| 19 | tubular goods,
including casing and drill strings, (iii) pumps | ||||||
| 20 | and pump-jack units, (iv)
storage tanks and flow lines, (v) any | ||||||
| 21 | individual replacement part for oil
field exploration, | ||||||
| 22 | drilling, and production equipment, and (vi) machinery and
| ||||||
| 23 | equipment purchased
for lease; but excluding motor vehicles | ||||||
| 24 | required to be registered under the
Illinois Vehicle Code.
| ||||||
| 25 | (15) Photoprocessing machinery and equipment, including | ||||||
| 26 | repair and
replacement parts, both new and used, including that
| ||||||
| |||||||
| |||||||
| 1 | manufactured on special order, certified by the purchaser to be | ||||||
| 2 | used
primarily for photoprocessing, and including
| ||||||
| 3 | photoprocessing machinery and equipment purchased for lease.
| ||||||
| 4 | (16) Until July 1, 2003, and beginning again on the | ||||||
| 5 | effective date of this amendatory Act of the 97th General | ||||||
| 6 | Assembly and thereafter, coal and aggregate exploration, | ||||||
| 7 | mining, offhighway hauling,
processing, maintenance, and | ||||||
| 8 | reclamation equipment,
including replacement parts and | ||||||
| 9 | equipment, and
including equipment purchased for lease, but | ||||||
| 10 | excluding motor
vehicles required to be registered under the | ||||||
| 11 | Illinois Vehicle Code.
| ||||||
| 12 | (17) Until July 1, 2003, distillation machinery and | ||||||
| 13 | equipment, sold as a
unit or kit,
assembled or installed by the | ||||||
| 14 | retailer, certified by the user to be used
only for the | ||||||
| 15 | production of ethyl alcohol that will be used for consumption
| ||||||
| 16 | as motor fuel or as a component of motor fuel for the personal | ||||||
| 17 | use of the
user, and not subject to sale or resale.
| ||||||
| 18 | (18) Manufacturing and assembling machinery and equipment | ||||||
| 19 | used
primarily in the process of manufacturing or assembling | ||||||
| 20 | tangible
personal property for wholesale or retail sale or | ||||||
| 21 | lease, whether that sale
or lease is made directly by the | ||||||
| 22 | manufacturer or by some other person,
whether the materials | ||||||
| 23 | used in the process are
owned by the manufacturer or some other | ||||||
| 24 | person, or whether that sale or
lease is made apart from or as | ||||||
| 25 | an incident to the seller's engaging in
the service occupation | ||||||
| 26 | of producing machines, tools, dies, jigs,
patterns, gauges, or | ||||||
| |||||||
| |||||||
| 1 | other similar items of no commercial value on
special order for | ||||||
| 2 | a particular purchaser.
| ||||||
| 3 | (19) Personal property delivered to a purchaser or | ||||||
| 4 | purchaser's donee
inside Illinois when the purchase order for | ||||||
| 5 | that personal property was
received by a florist located | ||||||
| 6 | outside Illinois who has a florist located
inside Illinois | ||||||
| 7 | deliver the personal property.
| ||||||
| 8 | (20) Semen used for artificial insemination of livestock | ||||||
| 9 | for direct
agricultural production.
| ||||||
| 10 | (21) Horses, or interests in horses, registered with and | ||||||
| 11 | meeting the
requirements of any of the
Arabian Horse Club | ||||||
| 12 | Registry of America, Appaloosa Horse Club, American Quarter
| ||||||
| 13 | Horse Association, United States
Trotting Association, or | ||||||
| 14 | Jockey Club, as appropriate, used for
purposes of breeding or | ||||||
| 15 | racing for prizes. This item (21) is exempt from the provisions | ||||||
| 16 | of Section 3-90, and the exemption provided for under this item | ||||||
| 17 | (21) applies for all periods beginning May 30, 1995, but no | ||||||
| 18 | claim for credit or refund is allowed on or after January 1, | ||||||
| 19 | 2008
for such taxes paid during the period beginning May 30, | ||||||
| 20 | 2000 and ending on January 1, 2008.
| ||||||
| 21 | (22) Computers and communications equipment utilized for | ||||||
| 22 | any
hospital
purpose
and equipment used in the diagnosis,
| ||||||
| 23 | analysis, or treatment of hospital patients purchased by a | ||||||
| 24 | lessor who leases
the
equipment, under a lease of one year or | ||||||
| 25 | longer executed or in effect at the
time the lessor would | ||||||
| 26 | otherwise be subject to the tax imposed by this Act, to a
| ||||||
| |||||||
| |||||||
| 1 | hospital
that has been issued an active tax exemption | ||||||
| 2 | identification number by
the
Department under Section 1g of the | ||||||
| 3 | Retailers' Occupation Tax Act. If the
equipment is leased in a | ||||||
| 4 | manner that does not qualify for
this exemption or is used in | ||||||
| 5 | any other non-exempt manner, the lessor
shall be liable for the
| ||||||
| 6 | tax imposed under this Act or the Service Use Tax Act, as the | ||||||
| 7 | case may
be, based on the fair market value of the property at | ||||||
| 8 | the time the
non-qualifying use occurs. No lessor shall collect | ||||||
| 9 | or attempt to collect an
amount (however
designated) that | ||||||
| 10 | purports to reimburse that lessor for the tax imposed by this
| ||||||
| 11 | Act or the Service Use Tax Act, as the case may be, if the tax | ||||||
| 12 | has not been
paid by the lessor. If a lessor improperly | ||||||
| 13 | collects any such amount from the
lessee, the lessee shall have | ||||||
| 14 | a legal right to claim a refund of that amount
from the lessor. | ||||||
| 15 | If, however, that amount is not refunded to the lessee for
any | ||||||
| 16 | reason, the lessor is liable to pay that amount to the | ||||||
| 17 | Department.
| ||||||
| 18 | (23) Personal property purchased by a lessor who leases the
| ||||||
| 19 | property, under
a
lease of
one year or longer executed or in | ||||||
| 20 | effect at the time
the lessor would otherwise be subject to the | ||||||
| 21 | tax imposed by this Act,
to a governmental body
that has been | ||||||
| 22 | issued an active sales tax exemption identification number by | ||||||
| 23 | the
Department under Section 1g of the Retailers' Occupation | ||||||
| 24 | Tax Act.
If the
property is leased in a manner that does not | ||||||
| 25 | qualify for
this exemption
or used in any other non-exempt | ||||||
| 26 | manner, the lessor shall be liable for the
tax imposed under | ||||||
| |||||||
| |||||||
| 1 | this Act or the Service Use Tax Act, as the case may
be, based | ||||||
| 2 | on the fair market value of the property at the time the
| ||||||
| 3 | non-qualifying use occurs. No lessor shall collect or attempt | ||||||
| 4 | to collect an
amount (however
designated) that purports to | ||||||
| 5 | reimburse that lessor for the tax imposed by this
Act or the | ||||||
| 6 | Service Use Tax Act, as the case may be, if the tax has not been
| ||||||
| 7 | paid by the lessor. If a lessor improperly collects any such | ||||||
| 8 | amount from the
lessee, the lessee shall have a legal right to | ||||||
| 9 | claim a refund of that amount
from the lessor. If, however, | ||||||
| 10 | that amount is not refunded to the lessee for
any reason, the | ||||||
| 11 | lessor is liable to pay that amount to the Department.
| ||||||
| 12 | (24) Beginning with taxable years ending on or after | ||||||
| 13 | December
31, 1995
and
ending with taxable years ending on or | ||||||
| 14 | before December 31, 2004,
personal property that is
donated for | ||||||
| 15 | disaster relief to be used in a State or federally declared
| ||||||
| 16 | disaster area in Illinois or bordering Illinois by a | ||||||
| 17 | manufacturer or retailer
that is registered in this State to a | ||||||
| 18 | corporation, society, association,
foundation, or institution | ||||||
| 19 | that has been issued a sales tax exemption
identification | ||||||
| 20 | number by the Department that assists victims of the disaster
| ||||||
| 21 | who reside within the declared disaster area.
| ||||||
| 22 | (25) Beginning with taxable years ending on or after | ||||||
| 23 | December
31, 1995 and
ending with taxable years ending on or | ||||||
| 24 | before December 31, 2004, personal
property that is used in the | ||||||
| 25 | performance of infrastructure repairs in this
State, including | ||||||
| 26 | but not limited to municipal roads and streets, access roads,
| ||||||
| |||||||
| |||||||
| 1 | bridges, sidewalks, waste disposal systems, water and sewer | ||||||
| 2 | line extensions,
water distribution and purification | ||||||
| 3 | facilities, storm water drainage and
retention facilities, and | ||||||
| 4 | sewage treatment facilities, resulting from a State
or | ||||||
| 5 | federally declared disaster in Illinois or bordering Illinois | ||||||
| 6 | when such
repairs are initiated on facilities located in the | ||||||
| 7 | declared disaster area
within 6 months after the disaster.
| ||||||
| 8 | (26) Beginning July 1, 1999, game or game birds purchased | ||||||
| 9 | at a "game
breeding
and hunting preserve area" as that term is
| ||||||
| 10 | used in
the Wildlife Code. This paragraph is exempt from the | ||||||
| 11 | provisions
of
Section 3-90.
| ||||||
| 12 | (27) A motor vehicle, as that term is defined in Section | ||||||
| 13 | 1-146
of the
Illinois
Vehicle Code, that is donated to a | ||||||
| 14 | corporation, limited liability company,
society, association, | ||||||
| 15 | foundation, or institution that is determined by the
Department | ||||||
| 16 | to be organized and operated exclusively for educational | ||||||
| 17 | purposes.
For purposes of this exemption, "a corporation, | ||||||
| 18 | limited liability company,
society, association, foundation, | ||||||
| 19 | or institution organized and operated
exclusively for | ||||||
| 20 | educational purposes" means all tax-supported public schools,
| ||||||
| 21 | private schools that offer systematic instruction in useful | ||||||
| 22 | branches of
learning by methods common to public schools and | ||||||
| 23 | that compare favorably in
their scope and intensity with the | ||||||
| 24 | course of study presented in tax-supported
schools, and | ||||||
| 25 | vocational or technical schools or institutes organized and
| ||||||
| 26 | operated exclusively to provide a course of study of not less | ||||||
| |||||||
| |||||||
| 1 | than 6 weeks
duration and designed to prepare individuals to | ||||||
| 2 | follow a trade or to pursue a
manual, technical, mechanical, | ||||||
| 3 | industrial, business, or commercial
occupation.
| ||||||
| 4 | (28) Beginning January 1, 2000, personal property, | ||||||
| 5 | including
food,
purchased through fundraising
events for the | ||||||
| 6 | benefit of
a public or private elementary or
secondary school, | ||||||
| 7 | a group of those schools, or one or more school
districts if | ||||||
| 8 | the events are
sponsored by an entity recognized by the school | ||||||
| 9 | district that consists
primarily of volunteers and includes
| ||||||
| 10 | parents and teachers of the school children. This paragraph | ||||||
| 11 | does not apply
to fundraising
events (i) for the benefit of | ||||||
| 12 | private home instruction or (ii)
for which the fundraising | ||||||
| 13 | entity purchases the personal property sold at
the events from | ||||||
| 14 | another individual or entity that sold the property for the
| ||||||
| 15 | purpose of resale by the fundraising entity and that
profits | ||||||
| 16 | from the sale to the
fundraising entity. This paragraph is | ||||||
| 17 | exempt
from the provisions
of Section 3-90.
| ||||||
| 18 | (29) Beginning January 1, 2000 and through December 31, | ||||||
| 19 | 2001, new or
used automatic vending
machines that prepare and | ||||||
| 20 | serve hot food and beverages, including coffee, soup,
and
other | ||||||
| 21 | items, and replacement parts for these machines.
Beginning | ||||||
| 22 | January 1,
2002 and through June 30, 2003, machines and parts | ||||||
| 23 | for machines used in
commercial, coin-operated amusement and | ||||||
| 24 | vending business if a use or occupation
tax is paid on the | ||||||
| 25 | gross receipts derived from the use of the commercial,
| ||||||
| 26 | coin-operated amusement and vending machines.
This
paragraph
| ||||||
| |||||||
| |||||||
| 1 | is exempt from the provisions of Section 3-90.
| ||||||
| 2 | (30) Beginning January 1, 2001 and through June 30, 2016, | ||||||
| 3 | food for human consumption that is to be consumed off the | ||||||
| 4 | premises
where it is sold (other than alcoholic beverages, soft | ||||||
| 5 | drinks, and food that
has been prepared for immediate | ||||||
| 6 | consumption) and prescription and
nonprescription medicines, | ||||||
| 7 | drugs, medical appliances, and insulin, urine
testing | ||||||
| 8 | materials, syringes, and needles used by diabetics, for human | ||||||
| 9 | use, when
purchased for use by a person receiving medical | ||||||
| 10 | assistance under Article V of
the Illinois Public Aid Code who | ||||||
| 11 | resides in a licensed long-term care facility,
as defined in | ||||||
| 12 | the Nursing Home Care Act, or in a licensed facility as defined | ||||||
| 13 | in the ID/DD Community Care Act or the Specialized Mental | ||||||
| 14 | Health Rehabilitation Act of 2013.
| ||||||
| 15 | (31) Beginning on
the effective date of this amendatory Act | ||||||
| 16 | of the 92nd General Assembly,
computers and communications | ||||||
| 17 | equipment
utilized for any hospital purpose and equipment used | ||||||
| 18 | in the diagnosis,
analysis, or treatment of hospital patients | ||||||
| 19 | purchased by a lessor who leases
the equipment, under a lease | ||||||
| 20 | of one year or longer executed or in effect at the
time the | ||||||
| 21 | lessor would otherwise be subject to the tax imposed by this | ||||||
| 22 | Act, to a
hospital that has been issued an active tax exemption | ||||||
| 23 | identification number by
the Department under Section 1g of the | ||||||
| 24 | Retailers' Occupation Tax Act. If the
equipment is leased in a | ||||||
| 25 | manner that does not qualify for this exemption or is
used in | ||||||
| 26 | any other nonexempt manner, the lessor shall be liable for the | ||||||
| |||||||
| |||||||
| 1 | tax
imposed under this Act or the Service Use Tax Act, as the | ||||||
| 2 | case may be, based on
the fair market value of the property at | ||||||
| 3 | the time the nonqualifying use
occurs. No lessor shall collect | ||||||
| 4 | or attempt to collect an amount (however
designated) that | ||||||
| 5 | purports to reimburse that lessor for the tax imposed by this
| ||||||
| 6 | Act or the Service Use Tax Act, as the case may be, if the tax | ||||||
| 7 | has not been
paid by the lessor. If a lessor improperly | ||||||
| 8 | collects any such amount from the
lessee, the lessee shall have | ||||||
| 9 | a legal right to claim a refund of that amount
from the lessor. | ||||||
| 10 | If, however, that amount is not refunded to the lessee for
any | ||||||
| 11 | reason, the lessor is liable to pay that amount to the | ||||||
| 12 | Department.
This paragraph is exempt from the provisions of | ||||||
| 13 | Section 3-90.
| ||||||
| 14 | (32) Beginning on
the effective date of this amendatory Act | ||||||
| 15 | of the 92nd General Assembly,
personal property purchased by a | ||||||
| 16 | lessor who leases the property,
under a lease of one year or | ||||||
| 17 | longer executed or in effect at the time the
lessor would | ||||||
| 18 | otherwise be subject to the tax imposed by this Act, to a
| ||||||
| 19 | governmental body that has been issued an active sales tax | ||||||
| 20 | exemption
identification number by the Department under | ||||||
| 21 | Section 1g of the Retailers'
Occupation Tax Act. If the | ||||||
| 22 | property is leased in a manner that does not
qualify for this | ||||||
| 23 | exemption or used in any other nonexempt manner, the lessor
| ||||||
| 24 | shall be liable for the tax imposed under this Act or the | ||||||
| 25 | Service Use Tax Act,
as the case may be, based on the fair | ||||||
| 26 | market value of the property at the time
the nonqualifying use | ||||||
| |||||||
| |||||||
| 1 | occurs. No lessor shall collect or attempt to collect
an amount | ||||||
| 2 | (however designated) that purports to reimburse that lessor for | ||||||
| 3 | the
tax imposed by this Act or the Service Use Tax Act, as the | ||||||
| 4 | case may be, if the
tax has not been paid by the lessor. If a | ||||||
| 5 | lessor improperly collects any such
amount from the lessee, the | ||||||
| 6 | lessee shall have a legal right to claim a refund
of that | ||||||
| 7 | amount from the lessor. If, however, that amount is not | ||||||
| 8 | refunded to
the lessee for any reason, the lessor is liable to | ||||||
| 9 | pay that amount to the
Department. This paragraph is exempt | ||||||
| 10 | from the provisions of Section 3-90.
| ||||||
| 11 | (33) On and after July 1, 2003 and through June 30, 2004, | ||||||
| 12 | the use in this State of motor vehicles of
the second division | ||||||
| 13 | with a gross vehicle weight in excess of 8,000 pounds and
that | ||||||
| 14 | are subject to the commercial distribution fee imposed under | ||||||
| 15 | Section
3-815.1 of the Illinois Vehicle Code. Beginning on July | ||||||
| 16 | 1, 2004 and through June 30, 2005, the use in this State of | ||||||
| 17 | motor vehicles of the second division: (i) with a gross vehicle | ||||||
| 18 | weight rating in excess of 8,000 pounds; (ii) that are subject | ||||||
| 19 | to the commercial distribution fee imposed under Section | ||||||
| 20 | 3-815.1 of the Illinois Vehicle Code; and (iii) that are | ||||||
| 21 | primarily used for commercial purposes. Through June 30, 2005, | ||||||
| 22 | this exemption applies to repair and
replacement parts added | ||||||
| 23 | after the initial purchase of such a motor vehicle if
that | ||||||
| 24 | motor
vehicle is used in a manner that would qualify for the | ||||||
| 25 | rolling stock exemption
otherwise provided for in this Act. For | ||||||
| 26 | purposes of this paragraph, the term "used for commercial | ||||||
| |||||||
| |||||||
| 1 | purposes" means the transportation of persons or property in | ||||||
| 2 | furtherance of any commercial or industrial enterprise, | ||||||
| 3 | whether for-hire or not.
| ||||||
| 4 | (34) Beginning January 1, 2008, tangible personal property | ||||||
| 5 | used in the construction or maintenance of a community water | ||||||
| 6 | supply, as defined under Section 3.145 of the Environmental | ||||||
| 7 | Protection Act, that is operated by a not-for-profit | ||||||
| 8 | corporation that holds a valid water supply permit issued under | ||||||
| 9 | Title IV of the Environmental Protection Act. This paragraph is | ||||||
| 10 | exempt from the provisions of Section 3-90. | ||||||
| 11 | (35) Beginning January 1, 2010, materials, parts, | ||||||
| 12 | equipment, components, and furnishings incorporated into or | ||||||
| 13 | upon an aircraft as part of the modification, refurbishment, | ||||||
| 14 | completion, replacement, repair, or maintenance of the | ||||||
| 15 | aircraft. This exemption includes consumable supplies used in | ||||||
| 16 | the modification, refurbishment, completion, replacement, | ||||||
| 17 | repair, and maintenance of aircraft, but excludes any | ||||||
| 18 | materials, parts, equipment, components, and consumable | ||||||
| 19 | supplies used in the modification, replacement, repair, and | ||||||
| 20 | maintenance of aircraft engines or power plants, whether such | ||||||
| 21 | engines or power plants are installed or uninstalled upon any | ||||||
| 22 | such aircraft. "Consumable supplies" include, but are not | ||||||
| 23 | limited to, adhesive, tape, sandpaper, general purpose | ||||||
| 24 | lubricants, cleaning solution, latex gloves, and protective | ||||||
| 25 | films. This exemption applies only to those organizations that | ||||||
| 26 | (i) hold an Air Agency Certificate and are empowered to operate | ||||||
| |||||||
| |||||||
| 1 | an approved repair station by the Federal Aviation | ||||||
| 2 | Administration, (ii) have a Class IV Rating, and (iii) conduct | ||||||
| 3 | operations in accordance with Part 145 of the Federal Aviation | ||||||
| 4 | Regulations. The exemption does not include aircraft operated | ||||||
| 5 | by a commercial air carrier providing scheduled passenger air | ||||||
| 6 | service pursuant to authority issued under Part 121 or Part 129 | ||||||
| 7 | of the Federal Aviation Regulations. | ||||||
| 8 | (36) Tangible personal property purchased by a | ||||||
| 9 | public-facilities corporation, as described in Section | ||||||
| 10 | 11-65-10 of the Illinois Municipal Code, for purposes of | ||||||
| 11 | constructing or furnishing a municipal convention hall, but | ||||||
| 12 | only if the legal title to the municipal convention hall is | ||||||
| 13 | transferred to the municipality without any further | ||||||
| 14 | consideration by or on behalf of the municipality at the time | ||||||
| 15 | of the completion of the municipal convention hall or upon the | ||||||
| 16 | retirement or redemption of any bonds or other debt instruments | ||||||
| 17 | issued by the public-facilities corporation in connection with | ||||||
| 18 | the development of the municipal convention hall. This | ||||||
| 19 | exemption includes existing public-facilities corporations as | ||||||
| 20 | provided in Section 11-65-25 of the Illinois Municipal Code. | ||||||
| 21 | This paragraph is exempt from the provisions of Section 3-90. | ||||||
| 22 | (Source: P.A. 96-116, eff. 7-31-09; 96-339, eff. 7-1-10; | ||||||
| 23 | 96-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff. | ||||||
| 24 | 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-431, eff. | ||||||
| 25 | 8-16-11; 97-636, eff. 6-1-12; 97-767, eff. 7-9-12.)
| ||||||
| |||||||
| |||||||
| 1 | Section 6-145. The Service Use Tax Act is amended by | ||||||
| 2 | changing Sections 3-5 and 3-10 as follows:
| ||||||
| 3 | (35 ILCS 110/3-5)
| ||||||
| 4 | Sec. 3-5. Exemptions. Use of the following tangible | ||||||
| 5 | personal property
is exempt from the tax imposed by this Act:
| ||||||
| 6 | (1) Personal property purchased from a corporation, | ||||||
| 7 | society,
association, foundation, institution, or | ||||||
| 8 | organization, other than a limited
liability company, that is | ||||||
| 9 | organized and operated as a not-for-profit service
enterprise | ||||||
| 10 | for the benefit of persons 65 years of age or older if the | ||||||
| 11 | personal
property was not purchased by the enterprise for the | ||||||
| 12 | purpose of resale by the
enterprise.
| ||||||
| 13 | (2) Personal property purchased by a non-profit Illinois | ||||||
| 14 | county fair
association for use in conducting, operating, or | ||||||
| 15 | promoting the county fair.
| ||||||
| 16 | (3) Personal property purchased by a not-for-profit arts
or | ||||||
| 17 | cultural
organization that establishes, by proof required by | ||||||
| 18 | the Department by rule,
that it has received an exemption under | ||||||
| 19 | Section 501(c)(3) of the Internal
Revenue Code and that is | ||||||
| 20 | organized and operated primarily for the
presentation
or | ||||||
| 21 | support of arts or cultural programming, activities, or | ||||||
| 22 | services. These
organizations include, but are not limited to, | ||||||
| 23 | music and dramatic arts
organizations such as symphony | ||||||
| 24 | orchestras and theatrical groups, arts and
cultural service | ||||||
| 25 | organizations, local arts councils, visual arts organizations,
| ||||||
| |||||||
| |||||||
| 1 | and media arts organizations.
On and after the effective date | ||||||
| 2 | of this amendatory Act of the 92nd General
Assembly, however, | ||||||
| 3 | an entity otherwise eligible for this exemption shall not
make | ||||||
| 4 | tax-free purchases unless it has an active identification | ||||||
| 5 | number issued by
the Department.
| ||||||
| 6 | (4) Legal tender, currency, medallions, or gold or silver | ||||||
| 7 | coinage issued
by the State of Illinois, the government of the | ||||||
| 8 | United States of America,
or the government of any foreign | ||||||
| 9 | country, and bullion.
| ||||||
| 10 | (5) Until July 1, 2003 and beginning again on September 1, | ||||||
| 11 | 2004 through August 30, 2014, graphic arts machinery and | ||||||
| 12 | equipment, including
repair and
replacement parts, both new and | ||||||
| 13 | used, and including that manufactured on
special order or | ||||||
| 14 | purchased for lease, certified by the purchaser to be used
| ||||||
| 15 | primarily for graphic arts production.
Equipment includes | ||||||
| 16 | chemicals or
chemicals acting as catalysts but only if
the | ||||||
| 17 | chemicals or chemicals acting as catalysts effect a direct and | ||||||
| 18 | immediate
change upon a graphic arts product.
| ||||||
| 19 | (6) Personal property purchased from a teacher-sponsored | ||||||
| 20 | student
organization affiliated with an elementary or | ||||||
| 21 | secondary school located
in Illinois.
| ||||||
| 22 | (7) Farm machinery and equipment, both new and used, | ||||||
| 23 | including that
manufactured on special order, certified by the | ||||||
| 24 | purchaser to be used
primarily for production agriculture or | ||||||
| 25 | State or federal agricultural
programs, including individual | ||||||
| 26 | replacement parts for the machinery and
equipment, including | ||||||
| |||||||
| |||||||
| 1 | machinery and equipment purchased for lease,
and including | ||||||
| 2 | implements of husbandry defined in Section 1-130 of
the | ||||||
| 3 | Illinois Vehicle Code, farm machinery and agricultural | ||||||
| 4 | chemical and
fertilizer spreaders, and nurse wagons required to | ||||||
| 5 | be registered
under Section 3-809 of the Illinois Vehicle Code,
| ||||||
| 6 | but
excluding other motor vehicles required to be registered | ||||||
| 7 | under the Illinois
Vehicle Code.
Horticultural polyhouses or | ||||||
| 8 | hoop houses used for propagating, growing, or
overwintering | ||||||
| 9 | plants shall be considered farm machinery and equipment under
| ||||||
| 10 | this item (7).
Agricultural chemical tender tanks and dry boxes | ||||||
| 11 | shall include units sold
separately from a motor vehicle | ||||||
| 12 | required to be licensed and units sold mounted
on a motor | ||||||
| 13 | vehicle required to be licensed if the selling price of the | ||||||
| 14 | tender
is separately stated.
| ||||||
| 15 | Farm machinery and equipment shall include precision | ||||||
| 16 | farming equipment
that is
installed or purchased to be | ||||||
| 17 | installed on farm machinery and equipment
including, but not | ||||||
| 18 | limited to, tractors, harvesters, sprayers, planters,
seeders, | ||||||
| 19 | or spreaders.
Precision farming equipment includes, but is not | ||||||
| 20 | limited to,
soil testing sensors, computers, monitors, | ||||||
| 21 | software, global positioning
and mapping systems, and other | ||||||
| 22 | such equipment.
| ||||||
| 23 | Farm machinery and equipment also includes computers, | ||||||
| 24 | sensors, software, and
related equipment used primarily in the
| ||||||
| 25 | computer-assisted operation of production agriculture | ||||||
| 26 | facilities, equipment,
and activities such as, but
not limited | ||||||
| |||||||
| |||||||
| 1 | to,
the collection, monitoring, and correlation of
animal and | ||||||
| 2 | crop data for the purpose of
formulating animal diets and | ||||||
| 3 | agricultural chemicals. This item (7) is exempt
from the | ||||||
| 4 | provisions of
Section 3-75.
| ||||||
| 5 | (8) Fuel and petroleum products sold to or used by an air | ||||||
| 6 | common
carrier, certified by the carrier to be used for | ||||||
| 7 | consumption, shipment, or
storage in the conduct of its | ||||||
| 8 | business as an air common carrier, for a
flight destined for or | ||||||
| 9 | returning from a location or locations
outside the United | ||||||
| 10 | States without regard to previous or subsequent domestic
| ||||||
| 11 | stopovers.
| ||||||
| 12 | (9) Proceeds of mandatory service charges separately | ||||||
| 13 | stated on
customers' bills for the purchase and consumption of | ||||||
| 14 | food and beverages
acquired as an incident to the purchase of a | ||||||
| 15 | service from a serviceman, to
the extent that the proceeds of | ||||||
| 16 | the service charge are in fact
turned over as tips or as a | ||||||
| 17 | substitute for tips to the employees who
participate directly | ||||||
| 18 | in preparing, serving, hosting or cleaning up the
food or | ||||||
| 19 | beverage function with respect to which the service charge is | ||||||
| 20 | imposed.
| ||||||
| 21 | (10) Until July 1, 2003, oil field exploration, drilling, | ||||||
| 22 | and production
equipment, including
(i) rigs and parts of rigs, | ||||||
| 23 | rotary rigs, cable tool
rigs, and workover rigs, (ii) pipe and | ||||||
| 24 | tubular goods, including casing and
drill strings, (iii) pumps | ||||||
| 25 | and pump-jack units, (iv) storage tanks and flow
lines, (v) any | ||||||
| 26 | individual replacement part for oil field exploration,
| ||||||
| |||||||
| |||||||
| 1 | drilling, and production equipment, and (vi) machinery and | ||||||
| 2 | equipment purchased
for lease; but
excluding motor vehicles | ||||||
| 3 | required to be registered under the Illinois
Vehicle Code.
| ||||||
| 4 | (11) Proceeds from the sale of photoprocessing machinery | ||||||
| 5 | and
equipment, including repair and replacement parts, both new | ||||||
| 6 | and
used, including that manufactured on special order, | ||||||
| 7 | certified by the
purchaser to be used primarily for | ||||||
| 8 | photoprocessing, and including
photoprocessing machinery and | ||||||
| 9 | equipment purchased for lease.
| ||||||
| 10 | (12) Until July 1, 2003, and beginning again on the | ||||||
| 11 | effective date of this amendatory Act of the 97th General | ||||||
| 12 | Assembly and thereafter, coal and aggregate exploration, | ||||||
| 13 | mining, offhighway hauling,
processing,
maintenance, and | ||||||
| 14 | reclamation equipment, including
replacement parts and | ||||||
| 15 | equipment, and including
equipment purchased for lease, but | ||||||
| 16 | excluding motor vehicles required to be
registered under the | ||||||
| 17 | Illinois Vehicle Code.
| ||||||
| 18 | (13) Semen used for artificial insemination of livestock | ||||||
| 19 | for direct
agricultural production.
| ||||||
| 20 | (14) Horses, or interests in horses, registered with and | ||||||
| 21 | meeting the
requirements of any of the
Arabian Horse Club | ||||||
| 22 | Registry of America, Appaloosa Horse Club, American Quarter
| ||||||
| 23 | Horse Association, United States
Trotting Association, or | ||||||
| 24 | Jockey Club, as appropriate, used for
purposes of breeding or | ||||||
| 25 | racing for prizes. This item (14) is exempt from the provisions | ||||||
| 26 | of Section 3-75, and the exemption provided for under this item | ||||||
| |||||||
| |||||||
| 1 | (14) applies for all periods beginning May 30, 1995, but no | ||||||
| 2 | claim for credit or refund is allowed on or after the effective | ||||||
| 3 | date of this amendatory Act of the 95th General Assembly for | ||||||
| 4 | such taxes paid during the period beginning May 30, 2000 and | ||||||
| 5 | ending on the effective date of this amendatory Act of the 95th | ||||||
| 6 | General Assembly.
| ||||||
| 7 | (15) Computers and communications equipment utilized for | ||||||
| 8 | any
hospital
purpose
and equipment used in the diagnosis,
| ||||||
| 9 | analysis, or treatment of hospital patients purchased by a | ||||||
| 10 | lessor who leases
the
equipment, under a lease of one year or | ||||||
| 11 | longer executed or in effect at the
time
the lessor would | ||||||
| 12 | otherwise be subject to the tax imposed by this Act,
to a
| ||||||
| 13 | hospital
that has been issued an active tax exemption | ||||||
| 14 | identification number by the
Department under Section 1g of the | ||||||
| 15 | Retailers' Occupation Tax Act.
If the
equipment is leased in a | ||||||
| 16 | manner that does not qualify for
this exemption
or is used in | ||||||
| 17 | any other non-exempt manner,
the lessor shall be liable for the
| ||||||
| 18 | tax imposed under this Act or the Use Tax Act, as the case may
| ||||||
| 19 | be, based on the fair market value of the property at the time | ||||||
| 20 | the
non-qualifying use occurs. No lessor shall collect or | ||||||
| 21 | attempt to collect an
amount (however
designated) that purports | ||||||
| 22 | to reimburse that lessor for the tax imposed by this
Act or the | ||||||
| 23 | Use Tax Act, as the case may be, if the tax has not been
paid by | ||||||
| 24 | the lessor. If a lessor improperly collects any such amount | ||||||
| 25 | from the
lessee, the lessee shall have a legal right to claim a | ||||||
| 26 | refund of that amount
from the lessor. If, however, that amount | ||||||
| |||||||
| |||||||
| 1 | is not refunded to the lessee for
any reason, the lessor is | ||||||
| 2 | liable to pay that amount to the Department.
| ||||||
| 3 | (16) Personal property purchased by a lessor who leases the
| ||||||
| 4 | property, under
a
lease of one year or longer executed or in | ||||||
| 5 | effect at the time
the lessor would otherwise be subject to the | ||||||
| 6 | tax imposed by this Act,
to a governmental body
that has been | ||||||
| 7 | issued an active tax exemption identification number by the
| ||||||
| 8 | Department under Section 1g of the Retailers' Occupation Tax | ||||||
| 9 | Act.
If the
property is leased in a manner that does not | ||||||
| 10 | qualify for
this exemption
or is used in any other non-exempt | ||||||
| 11 | manner,
the lessor shall be liable for the
tax imposed under | ||||||
| 12 | this Act or the Use Tax Act, as the case may
be, based on the | ||||||
| 13 | fair market value of the property at the time the
| ||||||
| 14 | non-qualifying use occurs. No lessor shall collect or attempt | ||||||
| 15 | to collect an
amount (however
designated) that purports to | ||||||
| 16 | reimburse that lessor for the tax imposed by this
Act or the | ||||||
| 17 | Use Tax Act, as the case may be, if the tax has not been
paid by | ||||||
| 18 | the lessor. If a lessor improperly collects any such amount | ||||||
| 19 | from the
lessee, the lessee shall have a legal right to claim a | ||||||
| 20 | refund of that amount
from the lessor. If, however, that amount | ||||||
| 21 | is not refunded to the lessee for
any reason, the lessor is | ||||||
| 22 | liable to pay that amount to the Department.
| ||||||
| 23 | (17) Beginning with taxable years ending on or after | ||||||
| 24 | December
31,
1995
and
ending with taxable years ending on or | ||||||
| 25 | before December 31, 2004,
personal property that is
donated for | ||||||
| 26 | disaster relief to be used in a State or federally declared
| ||||||
| |||||||
| |||||||
| 1 | disaster area in Illinois or bordering Illinois by a | ||||||
| 2 | manufacturer or retailer
that is registered in this State to a | ||||||
| 3 | corporation, society, association,
foundation, or institution | ||||||
| 4 | that has been issued a sales tax exemption
identification | ||||||
| 5 | number by the Department that assists victims of the disaster
| ||||||
| 6 | who reside within the declared disaster area.
| ||||||
| 7 | (18) Beginning with taxable years ending on or after | ||||||
| 8 | December
31, 1995 and
ending with taxable years ending on or | ||||||
| 9 | before December 31, 2004, personal
property that is used in the | ||||||
| 10 | performance of infrastructure repairs in this
State, including | ||||||
| 11 | but not limited to municipal roads and streets, access roads,
| ||||||
| 12 | bridges, sidewalks, waste disposal systems, water and sewer | ||||||
| 13 | line extensions,
water distribution and purification | ||||||
| 14 | facilities, storm water drainage and
retention facilities, and | ||||||
| 15 | sewage treatment facilities, resulting from a State
or | ||||||
| 16 | federally declared disaster in Illinois or bordering Illinois | ||||||
| 17 | when such
repairs are initiated on facilities located in the | ||||||
| 18 | declared disaster area
within 6 months after the disaster.
| ||||||
| 19 | (19) Beginning July 1, 1999, game or game birds purchased | ||||||
| 20 | at a "game
breeding
and hunting preserve area" as that term is
| ||||||
| 21 | used in
the Wildlife Code. This paragraph is exempt from the | ||||||
| 22 | provisions
of
Section 3-75.
| ||||||
| 23 | (20) A motor vehicle, as that term is defined in Section | ||||||
| 24 | 1-146
of the
Illinois Vehicle Code, that is donated to a | ||||||
| 25 | corporation, limited liability
company, society, association, | ||||||
| 26 | foundation, or institution that is determined by
the Department | ||||||
| |||||||
| |||||||
| 1 | to be organized and operated exclusively for educational
| ||||||
| 2 | purposes. For purposes of this exemption, "a corporation, | ||||||
| 3 | limited liability
company, society, association, foundation, | ||||||
| 4 | or institution organized and
operated
exclusively for | ||||||
| 5 | educational purposes" means all tax-supported public schools,
| ||||||
| 6 | private schools that offer systematic instruction in useful | ||||||
| 7 | branches of
learning by methods common to public schools and | ||||||
| 8 | that compare favorably in
their scope and intensity with the | ||||||
| 9 | course of study presented in tax-supported
schools, and | ||||||
| 10 | vocational or technical schools or institutes organized and
| ||||||
| 11 | operated exclusively to provide a course of study of not less | ||||||
| 12 | than 6 weeks
duration and designed to prepare individuals to | ||||||
| 13 | follow a trade or to pursue a
manual, technical, mechanical, | ||||||
| 14 | industrial, business, or commercial
occupation.
| ||||||
| 15 | (21) Beginning January 1, 2000, personal property, | ||||||
| 16 | including
food,
purchased through fundraising
events for the | ||||||
| 17 | benefit of
a public or private elementary or
secondary school, | ||||||
| 18 | a group of those schools, or one or more school
districts if | ||||||
| 19 | the events are
sponsored by an entity recognized by the school | ||||||
| 20 | district that consists
primarily of volunteers and includes
| ||||||
| 21 | parents and teachers of the school children. This paragraph | ||||||
| 22 | does not apply
to fundraising
events (i) for the benefit of | ||||||
| 23 | private home instruction or (ii)
for which the fundraising | ||||||
| 24 | entity purchases the personal property sold at
the events from | ||||||
| 25 | another individual or entity that sold the property for the
| ||||||
| 26 | purpose of resale by the fundraising entity and that
profits | ||||||
| |||||||
| |||||||
| 1 | from the sale to the
fundraising entity. This paragraph is | ||||||
| 2 | exempt
from the provisions
of Section 3-75.
| ||||||
| 3 | (22) Beginning January 1, 2000
and through December 31, | ||||||
| 4 | 2001, new or used automatic vending
machines that prepare and | ||||||
| 5 | serve hot food and beverages, including coffee, soup,
and
other | ||||||
| 6 | items, and replacement parts for these machines.
Beginning | ||||||
| 7 | January 1,
2002 and through June 30, 2003, machines and parts | ||||||
| 8 | for machines used in
commercial, coin-operated
amusement
and | ||||||
| 9 | vending business if a use or occupation tax is paid on the | ||||||
| 10 | gross receipts
derived from
the use of the commercial, | ||||||
| 11 | coin-operated amusement and vending machines.
This
paragraph
| ||||||
| 12 | is exempt from the provisions of Section 3-75.
| ||||||
| 13 | (23) Beginning August 23, 2001 and through June 30, 2016, | ||||||
| 14 | food for human consumption that is to be consumed off the
| ||||||
| 15 | premises
where it is sold (other than alcoholic beverages, soft | ||||||
| 16 | drinks, and food that
has been prepared for immediate | ||||||
| 17 | consumption) and prescription and
nonprescription medicines, | ||||||
| 18 | drugs, medical appliances, and insulin, urine
testing | ||||||
| 19 | materials, syringes, and needles used by diabetics, for human | ||||||
| 20 | use, when
purchased for use by a person receiving medical | ||||||
| 21 | assistance under Article V of
the Illinois Public Aid Code who | ||||||
| 22 | resides in a licensed long-term care facility,
as defined in | ||||||
| 23 | the Nursing Home Care Act, or in a licensed facility as defined | ||||||
| 24 | in the ID/DD Community Care Act or the Specialized Mental | ||||||
| 25 | Health Rehabilitation Act of 2013.
| ||||||
| 26 | (24) Beginning on the effective date of this amendatory Act | ||||||
| |||||||
| |||||||
| 1 | of the 92nd
General Assembly, computers and communications | ||||||
| 2 | equipment
utilized for any hospital purpose and equipment used | ||||||
| 3 | in the diagnosis,
analysis, or treatment of hospital patients | ||||||
| 4 | purchased by a lessor who leases
the equipment, under a lease | ||||||
| 5 | of one year or longer executed or in effect at the
time the | ||||||
| 6 | lessor would otherwise be subject to the tax imposed by this | ||||||
| 7 | Act, to a
hospital that has been issued an active tax exemption | ||||||
| 8 | identification number by
the Department under Section 1g of the | ||||||
| 9 | Retailers' Occupation Tax Act. If the
equipment is leased in a | ||||||
| 10 | manner that does not qualify for this exemption or is
used in | ||||||
| 11 | any other nonexempt manner, the lessor shall be liable for the
| ||||||
| 12 | tax imposed under this Act or the Use Tax Act, as the case may | ||||||
| 13 | be, based on the
fair market value of the property at the time | ||||||
| 14 | the nonqualifying use occurs.
No lessor shall collect or | ||||||
| 15 | attempt to collect an amount (however
designated) that purports | ||||||
| 16 | to reimburse that lessor for the tax imposed by this
Act or the | ||||||
| 17 | Use Tax Act, as the case may be, if the tax has not been
paid by | ||||||
| 18 | the lessor. If a lessor improperly collects any such amount | ||||||
| 19 | from the
lessee, the lessee shall have a legal right to claim a | ||||||
| 20 | refund of that amount
from the lessor. If, however, that amount | ||||||
| 21 | is not refunded to the lessee for
any reason, the lessor is | ||||||
| 22 | liable to pay that amount to the Department.
This paragraph is | ||||||
| 23 | exempt from the provisions of Section 3-75.
| ||||||
| 24 | (25) Beginning
on the effective date of this amendatory Act | ||||||
| 25 | of the 92nd General Assembly,
personal property purchased by a | ||||||
| 26 | lessor
who leases the property, under a lease of one year or | ||||||
| |||||||
| |||||||
| 1 | longer executed or in
effect at the time the lessor would | ||||||
| 2 | otherwise be subject to the tax imposed by
this Act, to a | ||||||
| 3 | governmental body that has been issued an active tax exemption
| ||||||
| 4 | identification number by the Department under Section 1g of the | ||||||
| 5 | Retailers'
Occupation Tax Act. If the property is leased in a | ||||||
| 6 | manner that does not
qualify for this exemption or is used in | ||||||
| 7 | any other nonexempt manner, the
lessor shall be liable for the | ||||||
| 8 | tax imposed under this Act or the Use Tax Act,
as the case may | ||||||
| 9 | be, based on the fair market value of the property at the time
| ||||||
| 10 | the nonqualifying use occurs. No lessor shall collect or | ||||||
| 11 | attempt to collect
an amount (however designated) that purports | ||||||
| 12 | to reimburse that lessor for the
tax imposed by this Act or the | ||||||
| 13 | Use Tax Act, as the case may be, if the tax has
not been paid by | ||||||
| 14 | the lessor. If a lessor improperly collects any such amount
| ||||||
| 15 | from the lessee, the lessee shall have a legal right to claim a | ||||||
| 16 | refund of that
amount from the lessor. If, however, that amount | ||||||
| 17 | is not refunded to the lessee
for any reason, the lessor is | ||||||
| 18 | liable to pay that amount to the Department.
This paragraph is | ||||||
| 19 | exempt from the provisions of Section 3-75.
| ||||||
| 20 | (26) Beginning January 1, 2008, tangible personal property | ||||||
| 21 | used in the construction or maintenance of a community water | ||||||
| 22 | supply, as defined under Section 3.145 of the Environmental | ||||||
| 23 | Protection Act, that is operated by a not-for-profit | ||||||
| 24 | corporation that holds a valid water supply permit issued under | ||||||
| 25 | Title IV of the Environmental Protection Act. This paragraph is | ||||||
| 26 | exempt from the provisions of Section 3-75.
| ||||||
| |||||||
| |||||||
| 1 | (27) Beginning January 1, 2010, materials, parts, | ||||||
| 2 | equipment, components, and furnishings incorporated into or | ||||||
| 3 | upon an aircraft as part of the modification, refurbishment, | ||||||
| 4 | completion, replacement, repair, or maintenance of the | ||||||
| 5 | aircraft. This exemption includes consumable supplies used in | ||||||
| 6 | the modification, refurbishment, completion, replacement, | ||||||
| 7 | repair, and maintenance of aircraft, but excludes any | ||||||
| 8 | materials, parts, equipment, components, and consumable | ||||||
| 9 | supplies used in the modification, replacement, repair, and | ||||||
| 10 | maintenance of aircraft engines or power plants, whether such | ||||||
| 11 | engines or power plants are installed or uninstalled upon any | ||||||
| 12 | such aircraft. "Consumable supplies" include, but are not | ||||||
| 13 | limited to, adhesive, tape, sandpaper, general purpose | ||||||
| 14 | lubricants, cleaning solution, latex gloves, and protective | ||||||
| 15 | films. This exemption applies only to those organizations that | ||||||
| 16 | (i) hold an Air Agency Certificate and are empowered to operate | ||||||
| 17 | an approved repair station by the Federal Aviation | ||||||
| 18 | Administration, (ii) have a Class IV Rating, and (iii) conduct | ||||||
| 19 | operations in accordance with Part 145 of the Federal Aviation | ||||||
| 20 | Regulations. The exemption does not include aircraft operated | ||||||
| 21 | by a commercial air carrier providing scheduled passenger air | ||||||
| 22 | service pursuant to authority issued under Part 121 or Part 129 | ||||||
| 23 | of the Federal Aviation Regulations. | ||||||
| 24 | (28) Tangible personal property purchased by a | ||||||
| 25 | public-facilities corporation, as described in Section | ||||||
| 26 | 11-65-10 of the Illinois Municipal Code, for purposes of | ||||||
| |||||||
| |||||||
| 1 | constructing or furnishing a municipal convention hall, but | ||||||
| 2 | only if the legal title to the municipal convention hall is | ||||||
| 3 | transferred to the municipality without any further | ||||||
| 4 | consideration by or on behalf of the municipality at the time | ||||||
| 5 | of the completion of the municipal convention hall or upon the | ||||||
| 6 | retirement or redemption of any bonds or other debt instruments | ||||||
| 7 | issued by the public-facilities corporation in connection with | ||||||
| 8 | the development of the municipal convention hall. This | ||||||
| 9 | exemption includes existing public-facilities corporations as | ||||||
| 10 | provided in Section 11-65-25 of the Illinois Municipal Code. | ||||||
| 11 | This paragraph is exempt from the provisions of Section 3-75. | ||||||
| 12 | (Source: P.A. 96-116, eff. 7-31-09; 96-339, eff. 7-1-10; | ||||||
| 13 | 96-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff. | ||||||
| 14 | 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-431, eff. | ||||||
| 15 | 8-16-11; 97-636, eff. 6-1-12; 97-767, eff. 7-9-12.)
| ||||||
| 16 | (35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
| ||||||
| 17 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
| 18 | Section,
the tax imposed by this Act is at the rate of 6.25% of | ||||||
| 19 | the selling
price of tangible personal property transferred as | ||||||
| 20 | an incident to the sale
of service, but, for the purpose of | ||||||
| 21 | computing this tax, in no event shall
the selling price be less | ||||||
| 22 | than the cost price of the property to the
serviceman.
| ||||||
| 23 | Beginning on July 1, 2000 and through December 31, 2000, | ||||||
| 24 | with respect to
motor fuel, as defined in Section 1.1 of the | ||||||
| 25 | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | ||||||
| |||||||
| |||||||
| 1 | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
| ||||||
| 2 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
| 3 | tax imposed
by this Act applies to (i) 70% of the selling price | ||||||
| 4 | of property transferred
as an incident to the sale of service | ||||||
| 5 | on or after January 1, 1990,
and before July 1, 2003, (ii) 80% | ||||||
| 6 | of the selling price of
property transferred as an incident to | ||||||
| 7 | the sale of service on or after July
1, 2003 and on or before | ||||||
| 8 | December 31, 2018, and (iii)
100% of the selling price | ||||||
| 9 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
| 10 | sales of gasohol, as
defined in
the Use Tax Act, is imposed at | ||||||
| 11 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
| 12 | 100% of the proceeds of sales of gasohol
made during that time.
| ||||||
| 13 | With respect to majority blended ethanol fuel, as defined | ||||||
| 14 | in the Use Tax Act,
the
tax
imposed by this Act does not apply | ||||||
| 15 | to the selling price of property transferred
as an incident to | ||||||
| 16 | the sale of service on or after July 1, 2003 and on or before
| ||||||
| 17 | December 31, 2018 but applies to 100% of the selling price | ||||||
| 18 | thereafter.
| ||||||
| 19 | With respect to biodiesel blends, as defined in the Use Tax | ||||||
| 20 | Act, with no less
than 1% and no
more than 10% biodiesel, the | ||||||
| 21 | tax imposed by this Act
applies to (i) 80% of the selling price | ||||||
| 22 | of property transferred as an incident
to the sale of service | ||||||
| 23 | on or after July 1, 2003 and on or before December 31, 2018
and | ||||||
| 24 | (ii) 100% of the proceeds of the selling price
thereafter.
If, | ||||||
| 25 | at any time, however, the tax under this Act on sales of | ||||||
| 26 | biodiesel blends,
as
defined in the Use Tax Act, with no less | ||||||
| |||||||
| |||||||
| 1 | than 1% and no more than 10% biodiesel
is imposed at the rate | ||||||
| 2 | of 1.25%, then the
tax imposed by this Act applies to 100% of | ||||||
| 3 | the proceeds of sales of biodiesel
blends with no less than 1% | ||||||
| 4 | and no more than 10% biodiesel
made
during that time.
| ||||||
| 5 | With respect to 100% biodiesel, as defined in the Use Tax | ||||||
| 6 | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| ||||||
| 7 | more than 10% but no more than 99% biodiesel, the tax imposed | ||||||
| 8 | by this Act
does not apply to the proceeds of the selling price | ||||||
| 9 | of property transferred
as an incident to the sale of service | ||||||
| 10 | on or after July 1, 2003 and on or before
December 31, 2018 but | ||||||
| 11 | applies to 100% of the selling price thereafter.
| ||||||
| 12 | At the election of any registered serviceman made for each | ||||||
| 13 | fiscal year,
sales of service in which the aggregate annual | ||||||
| 14 | cost price of tangible
personal property transferred as an | ||||||
| 15 | incident to the sales of service is
less than 35%, or 75% in | ||||||
| 16 | the case of servicemen transferring prescription
drugs or | ||||||
| 17 | servicemen engaged in graphic arts production, of the aggregate
| ||||||
| 18 | annual total gross receipts from all sales of service, the tax | ||||||
| 19 | imposed by
this Act shall be based on the serviceman's cost | ||||||
| 20 | price of the tangible
personal property transferred as an | ||||||
| 21 | incident to the sale of those services.
| ||||||
| 22 | The tax shall be imposed at the rate of 1% on food prepared | ||||||
| 23 | for
immediate consumption and transferred incident to a sale of | ||||||
| 24 | service subject
to this Act or the Service Occupation Tax Act | ||||||
| 25 | by an entity licensed under
the Hospital Licensing Act, the | ||||||
| 26 | Nursing Home Care Act, the ID/DD Community Care Act, the | ||||||
| |||||||
| |||||||
| 1 | Specialized Mental Health Rehabilitation Act of 2013, or the
| ||||||
| 2 | Child Care
Act of 1969. The tax shall
also be imposed at the | ||||||
| 3 | rate of 1% on food for human consumption that is to be
consumed | ||||||
| 4 | off the premises where it is sold (other than alcoholic | ||||||
| 5 | beverages,
soft drinks, and food that has been prepared for | ||||||
| 6 | immediate consumption and is
not otherwise included in this | ||||||
| 7 | paragraph) and prescription and nonprescription
medicines, | ||||||
| 8 | drugs, medical appliances, modifications to a motor vehicle for | ||||||
| 9 | the
purpose of rendering it usable by a disabled person, and | ||||||
| 10 | insulin, urine testing
materials,
syringes, and needles used by | ||||||
| 11 | diabetics, for
human use. For the purposes of this Section, | ||||||
| 12 | until September 1, 2009: the term "soft drinks" means any
| ||||||
| 13 | complete, finished, ready-to-use, non-alcoholic drink, whether | ||||||
| 14 | carbonated or
not, including but not limited to soda water, | ||||||
| 15 | cola, fruit juice, vegetable
juice, carbonated water, and all | ||||||
| 16 | other preparations commonly known as soft
drinks of whatever | ||||||
| 17 | kind or description that are contained in any closed or
sealed | ||||||
| 18 | bottle, can, carton, or container, regardless of size; but | ||||||
| 19 | "soft drinks"
does not include coffee, tea, non-carbonated | ||||||
| 20 | water, infant formula, milk or
milk products as defined in the | ||||||
| 21 | Grade A Pasteurized Milk and Milk Products Act,
or drinks | ||||||
| 22 | containing 50% or more natural fruit or vegetable juice.
| ||||||
| 23 | Notwithstanding any other provisions of this
Act, | ||||||
| 24 | beginning September 1, 2009, "soft drinks" means non-alcoholic | ||||||
| 25 | beverages that contain natural or artificial sweeteners. "Soft | ||||||
| 26 | drinks" do not include beverages that contain milk or milk | ||||||
| |||||||
| |||||||
| 1 | products, soy, rice or similar milk substitutes, or greater | ||||||
| 2 | than 50% of vegetable or fruit juice by volume. | ||||||
| 3 | Until August 1, 2009, and notwithstanding any other | ||||||
| 4 | provisions of this Act, "food for human
consumption that is to | ||||||
| 5 | be consumed off the premises where it is sold" includes
all | ||||||
| 6 | food sold through a vending machine, except soft drinks and | ||||||
| 7 | food products
that are dispensed hot from a vending machine, | ||||||
| 8 | regardless of the location of
the vending machine. Beginning | ||||||
| 9 | August 1, 2009, and notwithstanding any other provisions of | ||||||
| 10 | this Act, "food for human consumption that is to be consumed | ||||||
| 11 | off the premises where it is sold" includes all food sold | ||||||
| 12 | through a vending machine, except soft drinks, candy, and food | ||||||
| 13 | products that are dispensed hot from a vending machine, | ||||||
| 14 | regardless of the location of the vending machine.
| ||||||
| 15 | Notwithstanding any other provisions of this
Act, | ||||||
| 16 | beginning September 1, 2009, "food for human consumption that | ||||||
| 17 | is to be consumed off the premises where
it is sold" does not | ||||||
| 18 | include candy. For purposes of this Section, "candy" means a | ||||||
| 19 | preparation of sugar, honey, or other natural or artificial | ||||||
| 20 | sweeteners in combination with chocolate, fruits, nuts or other | ||||||
| 21 | ingredients or flavorings in the form of bars, drops, or | ||||||
| 22 | pieces. "Candy" does not include any preparation that contains | ||||||
| 23 | flour or requires refrigeration. | ||||||
| 24 | Notwithstanding any other provisions of this
Act, | ||||||
| 25 | beginning September 1, 2009, "nonprescription medicines and | ||||||
| 26 | drugs" does not include grooming and hygiene products. For | ||||||
| |||||||
| |||||||
| 1 | purposes of this Section, "grooming and hygiene products" | ||||||
| 2 | includes, but is not limited to, soaps and cleaning solutions, | ||||||
| 3 | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | ||||||
| 4 | lotions and screens, unless those products are available by | ||||||
| 5 | prescription only, regardless of whether the products meet the | ||||||
| 6 | definition of "over-the-counter-drugs". For the purposes of | ||||||
| 7 | this paragraph, "over-the-counter-drug" means a drug for human | ||||||
| 8 | use that contains a label that identifies the product as a drug | ||||||
| 9 | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" | ||||||
| 10 | label includes: | ||||||
| 11 | (A) A "Drug Facts" panel; or | ||||||
| 12 | (B) A statement of the "active ingredient(s)" with a | ||||||
| 13 | list of those ingredients contained in the compound, | ||||||
| 14 | substance or preparation. | ||||||
| 15 | If the property that is acquired from a serviceman is | ||||||
| 16 | acquired outside
Illinois and used outside Illinois before | ||||||
| 17 | being brought to Illinois for use
here and is taxable under | ||||||
| 18 | this Act, the "selling price" on which the tax
is computed | ||||||
| 19 | shall be reduced by an amount that represents a reasonable
| ||||||
| 20 | allowance for depreciation for the period of prior out-of-state | ||||||
| 21 | use.
| ||||||
| 22 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | ||||||
| 23 | eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; 97-38, | ||||||
| 24 | eff. 6-28-11; 97-227, eff. 1-1-12; 97-636, eff. 6-1-12.)
| ||||||
| 25 | Section 6-150. The Service Occupation Tax Act is amended by | ||||||
| |||||||
| |||||||
| 1 | changing Sections 3-5 and 3-10 as follows:
| ||||||
| 2 | (35 ILCS 115/3-5)
| ||||||
| 3 | Sec. 3-5. Exemptions. The following tangible personal | ||||||
| 4 | property is
exempt from the tax imposed by this Act:
| ||||||
| 5 | (1) Personal property sold by a corporation, society, | ||||||
| 6 | association,
foundation, institution, or organization, other | ||||||
| 7 | than a limited liability
company, that is organized and | ||||||
| 8 | operated as a not-for-profit service enterprise
for the benefit | ||||||
| 9 | of persons 65 years of age or older if the personal property
| ||||||
| 10 | was not purchased by the enterprise for the purpose of resale | ||||||
| 11 | by the
enterprise.
| ||||||
| 12 | (2) Personal property purchased by a not-for-profit | ||||||
| 13 | Illinois county fair
association for use in conducting, | ||||||
| 14 | operating, or promoting the county fair.
| ||||||
| 15 | (3) Personal property purchased by any not-for-profit
arts | ||||||
| 16 | or cultural organization that establishes, by proof required by | ||||||
| 17 | the
Department by
rule, that it has received an exemption under | ||||||
| 18 | Section 501(c)(3) of the
Internal Revenue Code and that is | ||||||
| 19 | organized and operated primarily for the
presentation
or | ||||||
| 20 | support of arts or cultural programming, activities, or | ||||||
| 21 | services. These
organizations include, but are not limited to, | ||||||
| 22 | music and dramatic arts
organizations such as symphony | ||||||
| 23 | orchestras and theatrical groups, arts and
cultural service | ||||||
| 24 | organizations, local arts councils, visual arts organizations,
| ||||||
| 25 | and media arts organizations.
On and after the effective date | ||||||
| |||||||
| |||||||
| 1 | of this amendatory Act of the 92nd General
Assembly, however, | ||||||
| 2 | an entity otherwise eligible for this exemption shall not
make | ||||||
| 3 | tax-free purchases unless it has an active identification | ||||||
| 4 | number issued by
the Department.
| ||||||
| 5 | (4) Legal tender, currency, medallions, or gold or silver | ||||||
| 6 | coinage
issued by the State of Illinois, the government of the | ||||||
| 7 | United States of
America, or the government of any foreign | ||||||
| 8 | country, and bullion.
| ||||||
| 9 | (5) Until July 1, 2003 and beginning again on September 1, | ||||||
| 10 | 2004 through August 30, 2014, graphic arts machinery and | ||||||
| 11 | equipment, including
repair and
replacement parts, both new and | ||||||
| 12 | used, and including that manufactured on
special order or | ||||||
| 13 | purchased for lease, certified by the purchaser to be used
| ||||||
| 14 | primarily for graphic arts production.
Equipment includes | ||||||
| 15 | chemicals or chemicals acting as catalysts but only if
the
| ||||||
| 16 | chemicals or chemicals acting as catalysts effect a direct and | ||||||
| 17 | immediate change
upon a graphic arts product.
| ||||||
| 18 | (6) Personal property sold by a teacher-sponsored student | ||||||
| 19 | organization
affiliated with an elementary or secondary school | ||||||
| 20 | located in Illinois.
| ||||||
| 21 | (7) Farm machinery and equipment, both new and used, | ||||||
| 22 | including that
manufactured on special order, certified by the | ||||||
| 23 | purchaser to be used
primarily for production agriculture or | ||||||
| 24 | State or federal agricultural
programs, including individual | ||||||
| 25 | replacement parts for the machinery and
equipment, including | ||||||
| 26 | machinery and equipment purchased for lease,
and including | ||||||
| |||||||
| |||||||
| 1 | implements of husbandry defined in Section 1-130 of
the | ||||||
| 2 | Illinois Vehicle Code, farm machinery and agricultural | ||||||
| 3 | chemical and
fertilizer spreaders, and nurse wagons required to | ||||||
| 4 | be registered
under Section 3-809 of the Illinois Vehicle Code,
| ||||||
| 5 | but
excluding other motor vehicles required to be registered | ||||||
| 6 | under the Illinois
Vehicle
Code.
Horticultural polyhouses or | ||||||
| 7 | hoop houses used for propagating, growing, or
overwintering | ||||||
| 8 | plants shall be considered farm machinery and equipment under
| ||||||
| 9 | this item (7).
Agricultural chemical tender tanks and dry boxes | ||||||
| 10 | shall include units sold
separately from a motor vehicle | ||||||
| 11 | required to be licensed and units sold mounted
on a motor | ||||||
| 12 | vehicle required to be licensed if the selling price of the | ||||||
| 13 | tender
is separately stated.
| ||||||
| 14 | Farm machinery and equipment shall include precision | ||||||
| 15 | farming equipment
that is
installed or purchased to be | ||||||
| 16 | installed on farm machinery and equipment
including, but not | ||||||
| 17 | limited to, tractors, harvesters, sprayers, planters,
seeders, | ||||||
| 18 | or spreaders.
Precision farming equipment includes, but is not | ||||||
| 19 | limited to,
soil testing sensors, computers, monitors, | ||||||
| 20 | software, global positioning
and mapping systems, and other | ||||||
| 21 | such equipment.
| ||||||
| 22 | Farm machinery and equipment also includes computers, | ||||||
| 23 | sensors, software, and
related equipment used primarily in the
| ||||||
| 24 | computer-assisted operation of production agriculture | ||||||
| 25 | facilities, equipment,
and activities such as, but
not limited | ||||||
| 26 | to,
the collection, monitoring, and correlation of
animal and | ||||||
| |||||||
| |||||||
| 1 | crop data for the purpose of
formulating animal diets and | ||||||
| 2 | agricultural chemicals. This item (7) is exempt
from the | ||||||
| 3 | provisions of
Section 3-55.
| ||||||
| 4 | (8) Fuel and petroleum products sold to or used by an air | ||||||
| 5 | common
carrier, certified by the carrier to be used for | ||||||
| 6 | consumption, shipment,
or storage in the conduct of its | ||||||
| 7 | business as an air common carrier, for
a flight destined for or | ||||||
| 8 | returning from a location or locations
outside the United | ||||||
| 9 | States without regard to previous or subsequent domestic
| ||||||
| 10 | stopovers.
| ||||||
| 11 | (9) Proceeds of mandatory service charges separately
| ||||||
| 12 | stated on customers' bills for the purchase and consumption of | ||||||
| 13 | food and
beverages, to the extent that the proceeds of the | ||||||
| 14 | service charge are in fact
turned over as tips or as a | ||||||
| 15 | substitute for tips to the employees who
participate directly | ||||||
| 16 | in preparing, serving, hosting or cleaning up the
food or | ||||||
| 17 | beverage function with respect to which the service charge is | ||||||
| 18 | imposed.
| ||||||
| 19 | (10) Until July 1, 2003, oil field exploration, drilling, | ||||||
| 20 | and production
equipment,
including (i) rigs and parts of rigs, | ||||||
| 21 | rotary rigs, cable tool
rigs, and workover rigs, (ii) pipe and | ||||||
| 22 | tubular goods, including casing and
drill strings, (iii) pumps | ||||||
| 23 | and pump-jack units, (iv) storage tanks and flow
lines, (v) any | ||||||
| 24 | individual replacement part for oil field exploration,
| ||||||
| 25 | drilling, and production equipment, and (vi) machinery and | ||||||
| 26 | equipment purchased
for lease; but
excluding motor vehicles | ||||||
| |||||||
| |||||||
| 1 | required to be registered under the Illinois
Vehicle Code.
| ||||||
| 2 | (11) Photoprocessing machinery and equipment, including | ||||||
| 3 | repair and
replacement parts, both new and used, including that | ||||||
| 4 | manufactured on
special order, certified by the purchaser to be | ||||||
| 5 | used primarily for
photoprocessing, and including | ||||||
| 6 | photoprocessing machinery and equipment
purchased for lease.
| ||||||
| 7 | (12) Until July 1, 2003, and beginning again on the | ||||||
| 8 | effective date of this amendatory Act of the 97th General | ||||||
| 9 | Assembly and thereafter, coal and aggregate exploration, | ||||||
| 10 | mining, offhighway hauling,
processing,
maintenance, and | ||||||
| 11 | reclamation equipment, including
replacement parts and | ||||||
| 12 | equipment, and including
equipment
purchased for lease, but | ||||||
| 13 | excluding motor vehicles required to be registered
under the | ||||||
| 14 | Illinois Vehicle Code.
| ||||||
| 15 | (13) Beginning January 1, 1992 and through June 30, 2016, | ||||||
| 16 | food for human consumption that is to be consumed off the | ||||||
| 17 | premises
where it is sold (other than alcoholic beverages, soft | ||||||
| 18 | drinks and food that
has been prepared for immediate | ||||||
| 19 | consumption) and prescription and
non-prescription medicines, | ||||||
| 20 | drugs, medical appliances, and insulin, urine
testing | ||||||
| 21 | materials, syringes, and needles used by diabetics, for human | ||||||
| 22 | use,
when purchased for use by a person receiving medical | ||||||
| 23 | assistance under
Article V of the Illinois Public Aid Code who | ||||||
| 24 | resides in a licensed
long-term care facility, as defined in | ||||||
| 25 | the Nursing Home Care Act, or in a licensed facility as defined | ||||||
| 26 | in the ID/DD Community Care Act or the Specialized Mental | ||||||
| |||||||
| |||||||
| 1 | Health Rehabilitation Act of 2013.
| ||||||
| 2 | (14) Semen used for artificial insemination of livestock | ||||||
| 3 | for direct
agricultural production.
| ||||||
| 4 | (15) Horses, or interests in horses, registered with and | ||||||
| 5 | meeting the
requirements of any of the
Arabian Horse Club | ||||||
| 6 | Registry of America, Appaloosa Horse Club, American Quarter
| ||||||
| 7 | Horse Association, United States
Trotting Association, or | ||||||
| 8 | Jockey Club, as appropriate, used for
purposes of breeding or | ||||||
| 9 | racing for prizes. This item (15) is exempt from the provisions | ||||||
| 10 | of Section 3-55, and the exemption provided for under this item | ||||||
| 11 | (15) applies for all periods beginning May 30, 1995, but no | ||||||
| 12 | claim for credit or refund is allowed on or after January 1, | ||||||
| 13 | 2008 (the effective date of Public Act 95-88)
for such taxes | ||||||
| 14 | paid during the period beginning May 30, 2000 and ending on | ||||||
| 15 | January 1, 2008 (the effective date of Public Act 95-88).
| ||||||
| 16 | (16) Computers and communications equipment utilized for | ||||||
| 17 | any
hospital
purpose
and equipment used in the diagnosis,
| ||||||
| 18 | analysis, or treatment of hospital patients sold to a lessor | ||||||
| 19 | who leases the
equipment, under a lease of one year or longer | ||||||
| 20 | executed or in effect at the
time of the purchase, to a
| ||||||
| 21 | hospital
that has been issued an active tax exemption | ||||||
| 22 | identification number by the
Department under Section 1g of the | ||||||
| 23 | Retailers' Occupation Tax Act.
| ||||||
| 24 | (17) Personal property sold to a lessor who leases the
| ||||||
| 25 | property, under a
lease of one year or longer executed or in | ||||||
| 26 | effect at the time of the purchase,
to a governmental body
that | ||||||
| |||||||
| |||||||
| 1 | has been issued an active tax exemption identification number | ||||||
| 2 | by the
Department under Section 1g of the Retailers' Occupation | ||||||
| 3 | Tax Act.
| ||||||
| 4 | (18) Beginning with taxable years ending on or after | ||||||
| 5 | December
31, 1995
and
ending with taxable years ending on or | ||||||
| 6 | before December 31, 2004,
personal property that is
donated for | ||||||
| 7 | disaster relief to be used in a State or federally declared
| ||||||
| 8 | disaster area in Illinois or bordering Illinois by a | ||||||
| 9 | manufacturer or retailer
that is registered in this State to a | ||||||
| 10 | corporation, society, association,
foundation, or institution | ||||||
| 11 | that has been issued a sales tax exemption
identification | ||||||
| 12 | number by the Department that assists victims of the disaster
| ||||||
| 13 | who reside within the declared disaster area.
| ||||||
| 14 | (19) Beginning with taxable years ending on or after | ||||||
| 15 | December
31, 1995 and
ending with taxable years ending on or | ||||||
| 16 | before December 31, 2004, personal
property that is used in the | ||||||
| 17 | performance of infrastructure repairs in this
State, including | ||||||
| 18 | but not limited to municipal roads and streets, access roads,
| ||||||
| 19 | bridges, sidewalks, waste disposal systems, water and sewer | ||||||
| 20 | line extensions,
water distribution and purification | ||||||
| 21 | facilities, storm water drainage and
retention facilities, and | ||||||
| 22 | sewage treatment facilities, resulting from a State
or | ||||||
| 23 | federally declared disaster in Illinois or bordering Illinois | ||||||
| 24 | when such
repairs are initiated on facilities located in the | ||||||
| 25 | declared disaster area
within 6 months after the disaster.
| ||||||
| 26 | (20) Beginning July 1, 1999, game or game birds sold at a | ||||||
| |||||||
| |||||||
| 1 | "game breeding
and
hunting preserve area" as that term is used
| ||||||
| 2 | in the
Wildlife Code. This paragraph is exempt from the | ||||||
| 3 | provisions
of
Section 3-55.
| ||||||
| 4 | (21) A motor vehicle, as that term is defined in Section | ||||||
| 5 | 1-146
of the
Illinois Vehicle Code, that is donated to a | ||||||
| 6 | corporation, limited liability
company, society, association, | ||||||
| 7 | foundation, or institution that is determined by
the Department | ||||||
| 8 | to be organized and operated exclusively for educational
| ||||||
| 9 | purposes. For purposes of this exemption, "a corporation, | ||||||
| 10 | limited liability
company, society, association, foundation, | ||||||
| 11 | or institution organized and
operated
exclusively for | ||||||
| 12 | educational purposes" means all tax-supported public schools,
| ||||||
| 13 | private schools that offer systematic instruction in useful | ||||||
| 14 | branches of
learning by methods common to public schools and | ||||||
| 15 | that compare favorably in
their scope and intensity with the | ||||||
| 16 | course of study presented in tax-supported
schools, and | ||||||
| 17 | vocational or technical schools or institutes organized and
| ||||||
| 18 | operated exclusively to provide a course of study of not less | ||||||
| 19 | than 6 weeks
duration and designed to prepare individuals to | ||||||
| 20 | follow a trade or to pursue a
manual, technical, mechanical, | ||||||
| 21 | industrial, business, or commercial
occupation.
| ||||||
| 22 | (22) Beginning January 1, 2000, personal property, | ||||||
| 23 | including
food,
purchased through fundraising
events for the | ||||||
| 24 | benefit of
a public or private elementary or
secondary school, | ||||||
| 25 | a group of those schools, or one or more school
districts if | ||||||
| 26 | the events are
sponsored by an entity recognized by the school | ||||||
| |||||||
| |||||||
| 1 | district that consists
primarily of volunteers and includes
| ||||||
| 2 | parents and teachers of the school children. This paragraph | ||||||
| 3 | does not apply
to fundraising
events (i) for the benefit of | ||||||
| 4 | private home instruction or (ii)
for which the fundraising | ||||||
| 5 | entity purchases the personal property sold at
the events from | ||||||
| 6 | another individual or entity that sold the property for the
| ||||||
| 7 | purpose of resale by the fundraising entity and that
profits | ||||||
| 8 | from the sale to the
fundraising entity. This paragraph is | ||||||
| 9 | exempt
from the provisions
of Section 3-55.
| ||||||
| 10 | (23) Beginning January 1, 2000
and through December 31, | ||||||
| 11 | 2001, new or used automatic vending
machines that prepare and | ||||||
| 12 | serve hot food and beverages, including coffee, soup,
and
other | ||||||
| 13 | items, and replacement parts for these machines.
Beginning | ||||||
| 14 | January 1,
2002 and through June 30, 2003, machines and parts | ||||||
| 15 | for
machines used in commercial, coin-operated amusement
and | ||||||
| 16 | vending business if a use or occupation tax is paid on the | ||||||
| 17 | gross receipts
derived from
the use of the commercial, | ||||||
| 18 | coin-operated amusement and vending machines.
This paragraph | ||||||
| 19 | is exempt from the provisions of Section 3-55.
| ||||||
| 20 | (24) Beginning
on the effective date of this amendatory Act | ||||||
| 21 | of the 92nd General Assembly,
computers and communications | ||||||
| 22 | equipment
utilized for any hospital purpose and equipment used | ||||||
| 23 | in the diagnosis,
analysis, or treatment of hospital patients | ||||||
| 24 | sold to a lessor who leases the
equipment, under a lease of one | ||||||
| 25 | year or longer executed or in effect at the
time of the | ||||||
| 26 | purchase, to a hospital that has been issued an active tax
| ||||||
| |||||||
| |||||||
| 1 | exemption identification number by the Department under | ||||||
| 2 | Section 1g of the
Retailers' Occupation Tax Act. This paragraph | ||||||
| 3 | is exempt from the provisions of
Section 3-55.
| ||||||
| 4 | (25) Beginning
on the effective date of this amendatory Act | ||||||
| 5 | of the 92nd General Assembly,
personal property sold to a | ||||||
| 6 | lessor who
leases the property, under a lease of one year or | ||||||
| 7 | longer executed or in effect
at the time of the purchase, to a | ||||||
| 8 | governmental body that has been issued an
active tax exemption | ||||||
| 9 | identification number by the Department under Section 1g
of the | ||||||
| 10 | Retailers' Occupation Tax Act. This paragraph is exempt from | ||||||
| 11 | the
provisions of Section 3-55.
| ||||||
| 12 | (26) Beginning on January 1, 2002 and through June 30, | ||||||
| 13 | 2016, tangible personal property
purchased
from an Illinois | ||||||
| 14 | retailer by a taxpayer engaged in centralized purchasing
| ||||||
| 15 | activities in Illinois who will, upon receipt of the property | ||||||
| 16 | in Illinois,
temporarily store the property in Illinois (i) for | ||||||
| 17 | the purpose of subsequently
transporting it outside this State | ||||||
| 18 | for use or consumption thereafter solely
outside this State or | ||||||
| 19 | (ii) for the purpose of being processed, fabricated, or
| ||||||
| 20 | manufactured into, attached to, or incorporated into other | ||||||
| 21 | tangible personal
property to be transported outside this State | ||||||
| 22 | and thereafter used or consumed
solely outside this State. The | ||||||
| 23 | Director of Revenue shall, pursuant to rules
adopted in | ||||||
| 24 | accordance with the Illinois Administrative Procedure Act, | ||||||
| 25 | issue a
permit to any taxpayer in good standing with the | ||||||
| 26 | Department who is eligible for
the exemption under this | ||||||
| |||||||
| |||||||
| 1 | paragraph (26). The permit issued under
this paragraph (26) | ||||||
| 2 | shall authorize the holder, to the extent and
in the manner | ||||||
| 3 | specified in the rules adopted under this Act, to purchase
| ||||||
| 4 | tangible personal property from a retailer exempt from the | ||||||
| 5 | taxes imposed by
this Act. Taxpayers shall maintain all | ||||||
| 6 | necessary books and records to
substantiate the use and | ||||||
| 7 | consumption of all such tangible personal property
outside of | ||||||
| 8 | the State of Illinois.
| ||||||
| 9 | (27) Beginning January 1, 2008, tangible personal property | ||||||
| 10 | used in the construction or maintenance of a community water | ||||||
| 11 | supply, as defined under Section 3.145 of the Environmental | ||||||
| 12 | Protection Act, that is operated by a not-for-profit | ||||||
| 13 | corporation that holds a valid water supply permit issued under | ||||||
| 14 | Title IV of the Environmental Protection Act. This paragraph is | ||||||
| 15 | exempt from the provisions of Section 3-55.
| ||||||
| 16 | (28) Tangible personal property sold to a | ||||||
| 17 | public-facilities corporation, as described in Section | ||||||
| 18 | 11-65-10 of the Illinois Municipal Code, for purposes of | ||||||
| 19 | constructing or furnishing a municipal convention hall, but | ||||||
| 20 | only if the legal title to the municipal convention hall is | ||||||
| 21 | transferred to the municipality without any further | ||||||
| 22 | consideration by or on behalf of the municipality at the time | ||||||
| 23 | of the completion of the municipal convention hall or upon the | ||||||
| 24 | retirement or redemption of any bonds or other debt instruments | ||||||
| 25 | issued by the public-facilities corporation in connection with | ||||||
| 26 | the development of the municipal convention hall. This | ||||||
| |||||||
| |||||||
| 1 | exemption includes existing public-facilities corporations as | ||||||
| 2 | provided in Section 11-65-25 of the Illinois Municipal Code. | ||||||
| 3 | This paragraph is exempt from the provisions of Section 3-55. | ||||||
| 4 | (29) Beginning January 1, 2010, materials, parts, | ||||||
| 5 | equipment, components, and furnishings incorporated into or | ||||||
| 6 | upon an aircraft as part of the modification, refurbishment, | ||||||
| 7 | completion, replacement, repair, or maintenance of the | ||||||
| 8 | aircraft. This exemption includes consumable supplies used in | ||||||
| 9 | the modification, refurbishment, completion, replacement, | ||||||
| 10 | repair, and maintenance of aircraft, but excludes any | ||||||
| 11 | materials, parts, equipment, components, and consumable | ||||||
| 12 | supplies used in the modification, replacement, repair, and | ||||||
| 13 | maintenance of aircraft engines or power plants, whether such | ||||||
| 14 | engines or power plants are installed or uninstalled upon any | ||||||
| 15 | such aircraft. "Consumable supplies" include, but are not | ||||||
| 16 | limited to, adhesive, tape, sandpaper, general purpose | ||||||
| 17 | lubricants, cleaning solution, latex gloves, and protective | ||||||
| 18 | films. This exemption applies only to those organizations that | ||||||
| 19 | (i) hold an Air Agency Certificate and are empowered to operate | ||||||
| 20 | an approved repair station by the Federal Aviation | ||||||
| 21 | Administration, (ii) have a Class IV Rating, and (iii) conduct | ||||||
| 22 | operations in accordance with Part 145 of the Federal Aviation | ||||||
| 23 | Regulations. The exemption does not include aircraft operated | ||||||
| 24 | by a commercial air carrier providing scheduled passenger air | ||||||
| 25 | service pursuant to authority issued under Part 121 or Part 129 | ||||||
| 26 | of the Federal Aviation Regulations. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 96-116, eff. 7-31-09; 96-339, eff. 7-1-10; | ||||||
| 2 | 96-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff. | ||||||
| 3 | 7-2-10; 97-38, eff. 6-28-11; 97-73, eff. 6-30-11; 97-227, eff. | ||||||
| 4 | 1-1-12; 97-431, eff. 8-16-11; 97-636, eff. 6-1-12; 97-767, eff. | ||||||
| 5 | 7-9-12.)
| ||||||
| 6 | (35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
| ||||||
| 7 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
| 8 | Section,
the tax imposed by this Act is at the rate of 6.25% of | ||||||
| 9 | the "selling price",
as defined in Section 2 of the Service Use | ||||||
| 10 | Tax Act, of the tangible
personal property. For the purpose of | ||||||
| 11 | computing this tax, in no event
shall the "selling price" be | ||||||
| 12 | less than the cost price to the serviceman of
the tangible | ||||||
| 13 | personal property transferred. The selling price of each item
| ||||||
| 14 | of tangible personal property transferred as an incident of a | ||||||
| 15 | sale of
service may be shown as a distinct and separate item on | ||||||
| 16 | the serviceman's
billing to the service customer. If the | ||||||
| 17 | selling price is not so shown, the
selling price of the | ||||||
| 18 | tangible personal property is deemed to be 50% of the
| ||||||
| 19 | serviceman's entire billing to the service customer. When, | ||||||
| 20 | however, a
serviceman contracts to design, develop, and produce | ||||||
| 21 | special order machinery or
equipment, the tax imposed by this | ||||||
| 22 | Act shall be based on the serviceman's
cost price of the | ||||||
| 23 | tangible personal property transferred incident to the
| ||||||
| 24 | completion of the contract.
| ||||||
| 25 | Beginning on July 1, 2000 and through December 31, 2000, | ||||||
| |||||||
| |||||||
| 1 | with respect to
motor fuel, as defined in Section 1.1 of the | ||||||
| 2 | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | ||||||
| 3 | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
| ||||||
| 4 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
| 5 | tax imposed
by this Act shall apply to (i) 70% of the cost | ||||||
| 6 | price of property
transferred as
an incident to the sale of | ||||||
| 7 | service on or after January 1, 1990, and before
July 1, 2003, | ||||||
| 8 | (ii) 80% of the selling price of property transferred as an
| ||||||
| 9 | incident to the sale of service on or after July
1, 2003 and on | ||||||
| 10 | or before December 31, 2018, and (iii) 100%
of
the cost price
| ||||||
| 11 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
| 12 | sales of gasohol, as
defined in
the Use Tax Act, is imposed at | ||||||
| 13 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
| 14 | 100% of the proceeds of sales of gasohol
made during that time.
| ||||||
| 15 | With respect to majority blended ethanol fuel, as defined | ||||||
| 16 | in the Use Tax Act,
the
tax
imposed by this Act does not apply | ||||||
| 17 | to the selling price of property transferred
as an incident to | ||||||
| 18 | the sale of service on or after July 1, 2003 and on or before
| ||||||
| 19 | December 31, 2018 but applies to 100% of the selling price | ||||||
| 20 | thereafter.
| ||||||
| 21 | With respect to biodiesel blends, as defined in the Use Tax | ||||||
| 22 | Act, with no less
than 1% and no
more than 10% biodiesel, the | ||||||
| 23 | tax imposed by this Act
applies to (i) 80% of the selling price | ||||||
| 24 | of property transferred as an incident
to the sale of service | ||||||
| 25 | on or after July 1, 2003 and on or before December 31, 2018
and | ||||||
| 26 | (ii) 100% of the proceeds of the selling price
thereafter.
If, | ||||||
| |||||||
| |||||||
| 1 | at any time, however, the tax under this Act on sales of | ||||||
| 2 | biodiesel blends,
as
defined in the Use Tax Act, with no less | ||||||
| 3 | than 1% and no more than 10% biodiesel
is imposed at the rate | ||||||
| 4 | of 1.25%, then the
tax imposed by this Act applies to 100% of | ||||||
| 5 | the proceeds of sales of biodiesel
blends with no less than 1% | ||||||
| 6 | and no more than 10% biodiesel
made
during that time.
| ||||||
| 7 | With respect to 100% biodiesel, as defined in the Use Tax | ||||||
| 8 | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| ||||||
| 9 | more than 10% but no more than 99% biodiesel material, the tax | ||||||
| 10 | imposed by this
Act
does not apply to the proceeds of the | ||||||
| 11 | selling price of property transferred
as an incident to the | ||||||
| 12 | sale of service on or after July 1, 2003 and on or before
| ||||||
| 13 | December 31, 2018 but applies to 100% of the selling price | ||||||
| 14 | thereafter.
| ||||||
| 15 | At the election of any registered serviceman made for each | ||||||
| 16 | fiscal year,
sales of service in which the aggregate annual | ||||||
| 17 | cost price of tangible
personal property transferred as an | ||||||
| 18 | incident to the sales of service is
less than 35%, or 75% in | ||||||
| 19 | the case of servicemen transferring prescription
drugs or | ||||||
| 20 | servicemen engaged in graphic arts production, of the aggregate
| ||||||
| 21 | annual total gross receipts from all sales of service, the tax | ||||||
| 22 | imposed by
this Act shall be based on the serviceman's cost | ||||||
| 23 | price of the tangible
personal property transferred incident to | ||||||
| 24 | the sale of those services.
| ||||||
| 25 | The tax shall be imposed at the rate of 1% on food prepared | ||||||
| 26 | for
immediate consumption and transferred incident to a sale of | ||||||
| |||||||
| |||||||
| 1 | service subject
to this Act or the Service Occupation Tax Act | ||||||
| 2 | by an entity licensed under
the Hospital Licensing Act, the | ||||||
| 3 | Nursing Home Care Act, the ID/DD Community Care Act, the | ||||||
| 4 | Specialized Mental Health Rehabilitation Act of 2013, or the
| ||||||
| 5 | Child Care Act of 1969. The tax shall
also be imposed at the | ||||||
| 6 | rate of 1% on food for human consumption that is
to be consumed | ||||||
| 7 | off the
premises where it is sold (other than alcoholic | ||||||
| 8 | beverages, soft drinks, and
food that has been prepared for | ||||||
| 9 | immediate consumption and is not
otherwise included in this | ||||||
| 10 | paragraph) and prescription and
nonprescription medicines, | ||||||
| 11 | drugs, medical appliances, modifications to a motor
vehicle for | ||||||
| 12 | the purpose of rendering it usable by a disabled person, and
| ||||||
| 13 | insulin, urine testing materials, syringes, and needles used by | ||||||
| 14 | diabetics, for
human use. For the purposes of this Section, | ||||||
| 15 | until September 1, 2009: the term "soft drinks" means any
| ||||||
| 16 | complete, finished, ready-to-use, non-alcoholic drink, whether | ||||||
| 17 | carbonated or
not, including but not limited to soda water, | ||||||
| 18 | cola, fruit juice, vegetable
juice, carbonated water, and all | ||||||
| 19 | other preparations commonly known as soft
drinks of whatever | ||||||
| 20 | kind or description that are contained in any closed or
sealed | ||||||
| 21 | can, carton, or container, regardless of size; but "soft | ||||||
| 22 | drinks" does not
include coffee, tea, non-carbonated water, | ||||||
| 23 | infant formula, milk or milk
products as defined in the Grade A | ||||||
| 24 | Pasteurized Milk and Milk Products Act, or
drinks containing | ||||||
| 25 | 50% or more natural fruit or vegetable juice.
| ||||||
| 26 | Notwithstanding any other provisions of this
Act, | ||||||
| |||||||
| |||||||
| 1 | beginning September 1, 2009, "soft drinks" means non-alcoholic | ||||||
| 2 | beverages that contain natural or artificial sweeteners. "Soft | ||||||
| 3 | drinks" do not include beverages that contain milk or milk | ||||||
| 4 | products, soy, rice or similar milk substitutes, or greater | ||||||
| 5 | than 50% of vegetable or fruit juice by volume. | ||||||
| 6 | Until August 1, 2009, and notwithstanding any other | ||||||
| 7 | provisions of this Act, "food for human consumption
that is to | ||||||
| 8 | be consumed off the premises where it is sold" includes all | ||||||
| 9 | food
sold through a vending machine, except soft drinks and | ||||||
| 10 | food products that are
dispensed hot from a vending machine, | ||||||
| 11 | regardless of the location of the vending
machine. Beginning | ||||||
| 12 | August 1, 2009, and notwithstanding any other provisions of | ||||||
| 13 | this Act, "food for human consumption that is to be consumed | ||||||
| 14 | off the premises where it is sold" includes all food sold | ||||||
| 15 | through a vending machine, except soft drinks, candy, and food | ||||||
| 16 | products that are dispensed hot from a vending machine, | ||||||
| 17 | regardless of the location of the vending machine.
| ||||||
| 18 | Notwithstanding any other provisions of this
Act, | ||||||
| 19 | beginning September 1, 2009, "food for human consumption that | ||||||
| 20 | is to be consumed off the premises where
it is sold" does not | ||||||
| 21 | include candy. For purposes of this Section, "candy" means a | ||||||
| 22 | preparation of sugar, honey, or other natural or artificial | ||||||
| 23 | sweeteners in combination with chocolate, fruits, nuts or other | ||||||
| 24 | ingredients or flavorings in the form of bars, drops, or | ||||||
| 25 | pieces. "Candy" does not include any preparation that contains | ||||||
| 26 | flour or requires refrigeration. | ||||||
| |||||||
| |||||||
| 1 | Notwithstanding any other provisions of this
Act, | ||||||
| 2 | beginning September 1, 2009, "nonprescription medicines and | ||||||
| 3 | drugs" does not include grooming and hygiene products. For | ||||||
| 4 | purposes of this Section, "grooming and hygiene products" | ||||||
| 5 | includes, but is not limited to, soaps and cleaning solutions, | ||||||
| 6 | shampoo, toothpaste, mouthwash, antiperspirants, and sun tan | ||||||
| 7 | lotions and screens, unless those products are available by | ||||||
| 8 | prescription only, regardless of whether the products meet the | ||||||
| 9 | definition of "over-the-counter-drugs". For the purposes of | ||||||
| 10 | this paragraph, "over-the-counter-drug" means a drug for human | ||||||
| 11 | use that contains a label that identifies the product as a drug | ||||||
| 12 | as required by 21 C.F.R. § 201.66. The "over-the-counter-drug" | ||||||
| 13 | label includes: | ||||||
| 14 | (A) A "Drug Facts" panel; or | ||||||
| 15 | (B) A statement of the "active ingredient(s)" with a | ||||||
| 16 | list of those ingredients contained in the compound, | ||||||
| 17 | substance or preparation. | ||||||
| 18 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | ||||||
| 19 | eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; 97-38, | ||||||
| 20 | eff. 6-28-11; 97-227, eff. 1-1-12; 97-636, eff. 6-1-12.)
| ||||||
| 21 | Section 6-155. The Retailers' Occupation Tax Act is amended | ||||||
| 22 | by changing Section 2-5 as follows:
| ||||||
| 23 | (35 ILCS 120/2-5)
| ||||||
| 24 | Sec. 2-5. Exemptions. Gross receipts from proceeds from the | ||||||
| |||||||
| |||||||
| 1 | sale of
the following tangible personal property are exempt | ||||||
| 2 | from the tax imposed
by this Act:
| ||||||
| 3 | (1) Farm chemicals.
| ||||||
| 4 | (2) Farm machinery and equipment, both new and used, | ||||||
| 5 | including that
manufactured on special order, certified by the | ||||||
| 6 | purchaser to be used
primarily for production agriculture or | ||||||
| 7 | State or federal agricultural
programs, including individual | ||||||
| 8 | replacement parts for the machinery and
equipment, including | ||||||
| 9 | machinery and equipment purchased for lease,
and including | ||||||
| 10 | implements of husbandry defined in Section 1-130 of
the | ||||||
| 11 | Illinois Vehicle Code, farm machinery and agricultural | ||||||
| 12 | chemical and
fertilizer spreaders, and nurse wagons required to | ||||||
| 13 | be registered
under Section 3-809 of the Illinois Vehicle Code,
| ||||||
| 14 | but
excluding other motor vehicles required to be registered | ||||||
| 15 | under the Illinois
Vehicle Code.
Horticultural polyhouses or | ||||||
| 16 | hoop houses used for propagating, growing, or
overwintering | ||||||
| 17 | plants shall be considered farm machinery and equipment under
| ||||||
| 18 | this item (2).
Agricultural chemical tender tanks and dry boxes | ||||||
| 19 | shall include units sold
separately from a motor vehicle | ||||||
| 20 | required to be licensed and units sold mounted
on a motor | ||||||
| 21 | vehicle required to be licensed, if the selling price of the | ||||||
| 22 | tender
is separately stated.
| ||||||
| 23 | Farm machinery and equipment shall include precision | ||||||
| 24 | farming equipment
that is
installed or purchased to be | ||||||
| 25 | installed on farm machinery and equipment
including, but not | ||||||
| 26 | limited to, tractors, harvesters, sprayers, planters,
seeders, | ||||||
| |||||||
| |||||||
| 1 | or spreaders.
Precision farming equipment includes, but is not | ||||||
| 2 | limited to,
soil testing sensors, computers, monitors, | ||||||
| 3 | software, global positioning
and mapping systems, and other | ||||||
| 4 | such equipment.
| ||||||
| 5 | Farm machinery and equipment also includes computers, | ||||||
| 6 | sensors, software, and
related equipment used primarily in the
| ||||||
| 7 | computer-assisted operation of production agriculture | ||||||
| 8 | facilities, equipment,
and activities such as, but
not limited | ||||||
| 9 | to,
the collection, monitoring, and correlation of
animal and | ||||||
| 10 | crop data for the purpose of
formulating animal diets and | ||||||
| 11 | agricultural chemicals. This item (2) is exempt
from the | ||||||
| 12 | provisions of
Section 2-70.
| ||||||
| 13 | (3) Until July 1, 2003, distillation machinery and | ||||||
| 14 | equipment, sold as a
unit or kit,
assembled or installed by the | ||||||
| 15 | retailer, certified by the user to be used
only for the | ||||||
| 16 | production of ethyl alcohol that will be used for consumption
| ||||||
| 17 | as motor fuel or as a component of motor fuel for the personal | ||||||
| 18 | use of the
user, and not subject to sale or resale.
| ||||||
| 19 | (4) Until July 1, 2003 and beginning again September 1, | ||||||
| 20 | 2004 through August 30, 2014, graphic arts machinery and | ||||||
| 21 | equipment, including
repair and
replacement parts, both new and | ||||||
| 22 | used, and including that manufactured on
special order or | ||||||
| 23 | purchased for lease, certified by the purchaser to be used
| ||||||
| 24 | primarily for graphic arts production.
Equipment includes | ||||||
| 25 | chemicals or
chemicals acting as catalysts but only if
the | ||||||
| 26 | chemicals or chemicals acting as catalysts effect a direct and | ||||||
| |||||||
| |||||||
| 1 | immediate
change upon a
graphic arts product.
| ||||||
| 2 | (5) A motor vehicle of the first division, a motor vehicle | ||||||
| 3 | of the second division that is a self contained motor vehicle | ||||||
| 4 | designed or permanently converted to provide living quarters | ||||||
| 5 | for recreational, camping, or travel use, with direct walk | ||||||
| 6 | through access to the living quarters from the driver's seat, | ||||||
| 7 | or a motor vehicle of the second division that is of the van | ||||||
| 8 | configuration designed for the transportation of not less than | ||||||
| 9 | 7 nor more than 16 passengers, as defined in Section 1-146 of | ||||||
| 10 | the Illinois Vehicle Code, that is used for automobile renting, | ||||||
| 11 | as defined in the Automobile Renting Occupation and Use Tax | ||||||
| 12 | Act. This paragraph is exempt from
the provisions of Section | ||||||
| 13 | 2-70.
| ||||||
| 14 | (6) Personal property sold by a teacher-sponsored student | ||||||
| 15 | organization
affiliated with an elementary or secondary school | ||||||
| 16 | located in Illinois.
| ||||||
| 17 | (7) Until July 1, 2003, proceeds of that portion of the | ||||||
| 18 | selling price of
a passenger car the
sale of which is subject | ||||||
| 19 | to the Replacement Vehicle Tax.
| ||||||
| 20 | (8) Personal property sold to an Illinois county fair | ||||||
| 21 | association for
use in conducting, operating, or promoting the | ||||||
| 22 | county fair.
| ||||||
| 23 | (9) Personal property sold to a not-for-profit arts
or | ||||||
| 24 | cultural organization that establishes, by proof required by | ||||||
| 25 | the Department
by
rule, that it has received an exemption under | ||||||
| 26 | Section 501(c)(3) of the
Internal Revenue Code and that is | ||||||
| |||||||
| |||||||
| 1 | organized and operated primarily for the
presentation
or | ||||||
| 2 | support of arts or cultural programming, activities, or | ||||||
| 3 | services. These
organizations include, but are not limited to, | ||||||
| 4 | music and dramatic arts
organizations such as symphony | ||||||
| 5 | orchestras and theatrical groups, arts and
cultural service | ||||||
| 6 | organizations, local arts councils, visual arts organizations,
| ||||||
| 7 | and media arts organizations.
On and after the effective date | ||||||
| 8 | of this amendatory Act of the 92nd General
Assembly, however, | ||||||
| 9 | an entity otherwise eligible for this exemption shall not
make | ||||||
| 10 | tax-free purchases unless it has an active identification | ||||||
| 11 | number issued by
the Department.
| ||||||
| 12 | (10) Personal property sold by a corporation, society, | ||||||
| 13 | association,
foundation, institution, or organization, other | ||||||
| 14 | than a limited liability
company, that is organized and | ||||||
| 15 | operated as a not-for-profit service enterprise
for the benefit | ||||||
| 16 | of persons 65 years of age or older if the personal property
| ||||||
| 17 | was not purchased by the enterprise for the purpose of resale | ||||||
| 18 | by the
enterprise.
| ||||||
| 19 | (11) Personal property sold to a governmental body, to a | ||||||
| 20 | corporation,
society, association, foundation, or institution | ||||||
| 21 | organized and operated
exclusively for charitable, religious, | ||||||
| 22 | or educational purposes, or to a
not-for-profit corporation, | ||||||
| 23 | society, association, foundation, institution,
or organization | ||||||
| 24 | that has no compensated officers or employees and that is
| ||||||
| 25 | organized and operated primarily for the recreation of persons | ||||||
| 26 | 55 years of
age or older. A limited liability company may | ||||||
| |||||||
| |||||||
| 1 | qualify for the exemption under
this paragraph only if the | ||||||
| 2 | limited liability company is organized and operated
| ||||||
| 3 | exclusively for educational purposes. On and after July 1, | ||||||
| 4 | 1987, however, no
entity otherwise eligible for this exemption | ||||||
| 5 | shall make tax-free purchases
unless it has an active | ||||||
| 6 | identification number issued by the Department.
| ||||||
| 7 | (12) Tangible personal property sold to
interstate | ||||||
| 8 | carriers
for hire for use as
rolling stock moving in interstate | ||||||
| 9 | commerce or to lessors under leases of
one year or longer | ||||||
| 10 | executed or in effect at the time of purchase by
interstate | ||||||
| 11 | carriers for hire for use as rolling stock moving in interstate
| ||||||
| 12 | commerce and equipment operated by a telecommunications | ||||||
| 13 | provider, licensed as a
common carrier by the Federal | ||||||
| 14 | Communications Commission, which is permanently
installed in | ||||||
| 15 | or affixed to aircraft moving in interstate commerce.
| ||||||
| 16 | (12-5) On and after July 1, 2003 and through June 30, 2004, | ||||||
| 17 | motor vehicles of the second division
with a gross vehicle | ||||||
| 18 | weight in excess of 8,000 pounds
that
are
subject to the | ||||||
| 19 | commercial distribution fee imposed under Section 3-815.1 of
| ||||||
| 20 | the Illinois
Vehicle Code. Beginning on July 1, 2004 and | ||||||
| 21 | through June 30, 2005, the use in this State of motor vehicles | ||||||
| 22 | of the second division: (i) with a gross vehicle weight rating | ||||||
| 23 | in excess of 8,000 pounds; (ii) that are subject to the | ||||||
| 24 | commercial distribution fee imposed under Section 3-815.1 of | ||||||
| 25 | the Illinois Vehicle Code; and (iii) that are primarily used | ||||||
| 26 | for commercial purposes. Through June 30, 2005, this
exemption | ||||||
| |||||||
| |||||||
| 1 | applies to repair and replacement parts added
after the
initial | ||||||
| 2 | purchase of such a motor vehicle if that motor vehicle is used | ||||||
| 3 | in a
manner that
would qualify for the rolling stock exemption | ||||||
| 4 | otherwise provided for in this
Act. For purposes of this | ||||||
| 5 | paragraph, "used for commercial purposes" means the | ||||||
| 6 | transportation of persons or property in furtherance of any | ||||||
| 7 | commercial or industrial enterprise whether for-hire or not.
| ||||||
| 8 | (13) Proceeds from sales to owners, lessors, or
shippers of
| ||||||
| 9 | tangible personal property that is utilized by interstate | ||||||
| 10 | carriers for
hire for use as rolling stock moving in interstate | ||||||
| 11 | commerce
and equipment operated by a telecommunications | ||||||
| 12 | provider, licensed as a
common carrier by the Federal | ||||||
| 13 | Communications Commission, which is
permanently installed in | ||||||
| 14 | or affixed to aircraft moving in interstate commerce.
| ||||||
| 15 | (14) Machinery and equipment that will be used by the | ||||||
| 16 | purchaser, or a
lessee of the purchaser, primarily in the | ||||||
| 17 | process of manufacturing or
assembling tangible personal | ||||||
| 18 | property for wholesale or retail sale or
lease, whether the | ||||||
| 19 | sale or lease is made directly by the manufacturer or by
some | ||||||
| 20 | other person, whether the materials used in the process are | ||||||
| 21 | owned by
the manufacturer or some other person, or whether the | ||||||
| 22 | sale or lease is made
apart from or as an incident to the | ||||||
| 23 | seller's engaging in the service
occupation of producing | ||||||
| 24 | machines, tools, dies, jigs, patterns, gauges, or
other similar | ||||||
| 25 | items of no commercial value on special order for a particular
| ||||||
| 26 | purchaser.
| ||||||
| |||||||
| |||||||
| 1 | (15) Proceeds of mandatory service charges separately | ||||||
| 2 | stated on
customers' bills for purchase and consumption of food | ||||||
| 3 | and beverages, to the
extent that the proceeds of the service | ||||||
| 4 | charge are in fact turned over as
tips or as a substitute for | ||||||
| 5 | tips to the employees who participate directly
in preparing, | ||||||
| 6 | serving, hosting or cleaning up the food or beverage function
| ||||||
| 7 | with respect to which the service charge is imposed.
| ||||||
| 8 | (16) Petroleum products sold to a purchaser if the seller
| ||||||
| 9 | is prohibited by federal law from charging tax to the | ||||||
| 10 | purchaser.
| ||||||
| 11 | (17) Tangible personal property sold to a common carrier by | ||||||
| 12 | rail or
motor that
receives the physical possession of the | ||||||
| 13 | property in Illinois and that
transports the property, or | ||||||
| 14 | shares with another common carrier in the
transportation of the | ||||||
| 15 | property, out of Illinois on a standard uniform bill
of lading | ||||||
| 16 | showing the seller of the property as the shipper or consignor | ||||||
| 17 | of
the property to a destination outside Illinois, for use | ||||||
| 18 | outside Illinois.
| ||||||
| 19 | (18) Legal tender, currency, medallions, or gold or silver | ||||||
| 20 | coinage
issued by the State of Illinois, the government of the | ||||||
| 21 | United States of
America, or the government of any foreign | ||||||
| 22 | country, and bullion.
| ||||||
| 23 | (19) Until July 1 2003, oil field exploration, drilling, | ||||||
| 24 | and production
equipment, including
(i) rigs and parts of rigs, | ||||||
| 25 | rotary rigs, cable tool
rigs, and workover rigs, (ii) pipe and | ||||||
| 26 | tubular goods, including casing and
drill strings, (iii) pumps | ||||||
| |||||||
| |||||||
| 1 | and pump-jack units, (iv) storage tanks and flow
lines, (v) any | ||||||
| 2 | individual replacement part for oil field exploration,
| ||||||
| 3 | drilling, and production equipment, and (vi) machinery and | ||||||
| 4 | equipment purchased
for lease; but
excluding motor vehicles | ||||||
| 5 | required to be registered under the Illinois
Vehicle Code.
| ||||||
| 6 | (20) Photoprocessing machinery and equipment, including | ||||||
| 7 | repair and
replacement parts, both new and used, including that | ||||||
| 8 | manufactured on
special order, certified by the purchaser to be | ||||||
| 9 | used primarily for
photoprocessing, and including | ||||||
| 10 | photoprocessing machinery and equipment
purchased for lease.
| ||||||
| 11 | (21) Until July 1, 2003, and beginning again on the | ||||||
| 12 | effective date of this amendatory Act of the 97th General | ||||||
| 13 | Assembly and thereafter, coal and aggregate exploration, | ||||||
| 14 | mining, offhighway hauling,
processing,
maintenance, and | ||||||
| 15 | reclamation equipment, including
replacement parts and | ||||||
| 16 | equipment, and including
equipment purchased for lease, but | ||||||
| 17 | excluding motor vehicles required to be
registered under the | ||||||
| 18 | Illinois Vehicle Code.
| ||||||
| 19 | (22) Fuel and petroleum products sold to or used by an air | ||||||
| 20 | carrier,
certified by the carrier to be used for consumption, | ||||||
| 21 | shipment, or storage
in the conduct of its business as an air | ||||||
| 22 | common carrier, for a flight
destined for or returning from a | ||||||
| 23 | location or locations
outside the United States without regard | ||||||
| 24 | to previous or subsequent domestic
stopovers.
| ||||||
| 25 | (23) A transaction in which the purchase order is received | ||||||
| 26 | by a florist
who is located outside Illinois, but who has a | ||||||
| |||||||
| |||||||
| 1 | florist located in Illinois
deliver the property to the | ||||||
| 2 | purchaser or the purchaser's donee in Illinois.
| ||||||
| 3 | (24) Fuel consumed or used in the operation of ships, | ||||||
| 4 | barges, or vessels
that are used primarily in or for the | ||||||
| 5 | transportation of property or the
conveyance of persons for | ||||||
| 6 | hire on rivers bordering on this State if the
fuel is delivered | ||||||
| 7 | by the seller to the purchaser's barge, ship, or vessel
while | ||||||
| 8 | it is afloat upon that bordering river.
| ||||||
| 9 | (25) Except as provided in item (25-5) of this Section, a
| ||||||
| 10 | motor vehicle sold in this State to a nonresident even though | ||||||
| 11 | the
motor vehicle is delivered to the nonresident in this | ||||||
| 12 | State, if the motor
vehicle is not to be titled in this State, | ||||||
| 13 | and if a drive-away permit
is issued to the motor vehicle as | ||||||
| 14 | provided in Section 3-603 of the Illinois
Vehicle Code or if | ||||||
| 15 | the nonresident purchaser has vehicle registration
plates to | ||||||
| 16 | transfer to the motor vehicle upon returning to his or her home
| ||||||
| 17 | state. The issuance of the drive-away permit or having
the
| ||||||
| 18 | out-of-state registration plates to be transferred is prima | ||||||
| 19 | facie evidence
that the motor vehicle will not be titled in | ||||||
| 20 | this State.
| ||||||
| 21 | (25-5) The exemption under item (25) does not apply if the | ||||||
| 22 | state in which the motor vehicle will be titled does not allow | ||||||
| 23 | a reciprocal exemption for a motor vehicle sold and delivered | ||||||
| 24 | in that state to an Illinois resident but titled in Illinois. | ||||||
| 25 | The tax collected under this Act on the sale of a motor vehicle | ||||||
| 26 | in this State to a resident of another state that does not | ||||||
| |||||||
| |||||||
| 1 | allow a reciprocal exemption shall be imposed at a rate equal | ||||||
| 2 | to the state's rate of tax on taxable property in the state in | ||||||
| 3 | which the purchaser is a resident, except that the tax shall | ||||||
| 4 | not exceed the tax that would otherwise be imposed under this | ||||||
| 5 | Act. At the time of the sale, the purchaser shall execute a | ||||||
| 6 | statement, signed under penalty of perjury, of his or her | ||||||
| 7 | intent to title the vehicle in the state in which the purchaser | ||||||
| 8 | is a resident within 30 days after the sale and of the fact of | ||||||
| 9 | the payment to the State of Illinois of tax in an amount | ||||||
| 10 | equivalent to the state's rate of tax on taxable property in | ||||||
| 11 | his or her state of residence and shall submit the statement to | ||||||
| 12 | the appropriate tax collection agency in his or her state of | ||||||
| 13 | residence. In addition, the retailer must retain a signed copy | ||||||
| 14 | of the statement in his or her records. Nothing in this item | ||||||
| 15 | shall be construed to require the removal of the vehicle from | ||||||
| 16 | this state following the filing of an intent to title the | ||||||
| 17 | vehicle in the purchaser's state of residence if the purchaser | ||||||
| 18 | titles the vehicle in his or her state of residence within 30 | ||||||
| 19 | days after the date of sale. The tax collected under this Act | ||||||
| 20 | in accordance with this item (25-5) shall be proportionately | ||||||
| 21 | distributed as if the tax were collected at the 6.25% general | ||||||
| 22 | rate imposed under this Act.
| ||||||
| 23 | (25-7) Beginning on July 1, 2007, no tax is imposed under | ||||||
| 24 | this Act on the sale of an aircraft, as defined in Section 3 of | ||||||
| 25 | the Illinois Aeronautics Act, if all of the following | ||||||
| 26 | conditions are met: | ||||||
| |||||||
| |||||||
| 1 | (1) the aircraft leaves this State within 15 days after | ||||||
| 2 | the later of either the issuance of the final billing for | ||||||
| 3 | the sale of the aircraft, or the authorized approval for | ||||||
| 4 | return to service, completion of the maintenance record | ||||||
| 5 | entry, and completion of the test flight and ground test | ||||||
| 6 | for inspection, as required by 14 C.F.R. 91.407; | ||||||
| 7 | (2) the aircraft is not based or registered in this | ||||||
| 8 | State after the sale of the aircraft; and | ||||||
| 9 | (3) the seller retains in his or her books and records | ||||||
| 10 | and provides to the Department a signed and dated | ||||||
| 11 | certification from the purchaser, on a form prescribed by | ||||||
| 12 | the Department, certifying that the requirements of this | ||||||
| 13 | item (25-7) are met. The certificate must also include the | ||||||
| 14 | name and address of the purchaser, the address of the | ||||||
| 15 | location where the aircraft is to be titled or registered, | ||||||
| 16 | the address of the primary physical location of the | ||||||
| 17 | aircraft, and other information that the Department may | ||||||
| 18 | reasonably require. | ||||||
| 19 | For purposes of this item (25-7): | ||||||
| 20 | "Based in this State" means hangared, stored, or otherwise | ||||||
| 21 | used, excluding post-sale customizations as defined in this | ||||||
| 22 | Section, for 10 or more days in each 12-month period | ||||||
| 23 | immediately following the date of the sale of the aircraft. | ||||||
| 24 | "Registered in this State" means an aircraft registered | ||||||
| 25 | with the Department of Transportation, Aeronautics Division, | ||||||
| 26 | or titled or registered with the Federal Aviation | ||||||
| |||||||
| |||||||
| 1 | Administration to an address located in this State. | ||||||
| 2 | This paragraph (25-7) is exempt from the provisions
of
| ||||||
| 3 | Section 2-70.
| ||||||
| 4 | (26) Semen used for artificial insemination of livestock | ||||||
| 5 | for direct
agricultural production.
| ||||||
| 6 | (27) Horses, or interests in horses, registered with and | ||||||
| 7 | meeting the
requirements of any of the
Arabian Horse Club | ||||||
| 8 | Registry of America, Appaloosa Horse Club, American Quarter
| ||||||
| 9 | Horse Association, United States
Trotting Association, or | ||||||
| 10 | Jockey Club, as appropriate, used for
purposes of breeding or | ||||||
| 11 | racing for prizes. This item (27) is exempt from the provisions | ||||||
| 12 | of Section 2-70, and the exemption provided for under this item | ||||||
| 13 | (27) applies for all periods beginning May 30, 1995, but no | ||||||
| 14 | claim for credit or refund is allowed on or after January 1, | ||||||
| 15 | 2008 (the effective date of Public Act 95-88)
for such taxes | ||||||
| 16 | paid during the period beginning May 30, 2000 and ending on | ||||||
| 17 | January 1, 2008 (the effective date of Public Act 95-88).
| ||||||
| 18 | (28) Computers and communications equipment utilized for | ||||||
| 19 | any
hospital
purpose
and equipment used in the diagnosis,
| ||||||
| 20 | analysis, or treatment of hospital patients sold to a lessor | ||||||
| 21 | who leases the
equipment, under a lease of one year or longer | ||||||
| 22 | executed or in effect at the
time of the purchase, to a
| ||||||
| 23 | hospital
that has been issued an active tax exemption | ||||||
| 24 | identification number by the
Department under Section 1g of | ||||||
| 25 | this Act.
| ||||||
| 26 | (29) Personal property sold to a lessor who leases the
| ||||||
| |||||||
| |||||||
| 1 | property, under a
lease of one year or longer executed or in | ||||||
| 2 | effect at the time of the purchase,
to a governmental body
that | ||||||
| 3 | has been issued an active tax exemption identification number | ||||||
| 4 | by the
Department under Section 1g of this Act.
| ||||||
| 5 | (30) Beginning with taxable years ending on or after | ||||||
| 6 | December
31, 1995
and
ending with taxable years ending on or | ||||||
| 7 | before December 31, 2004,
personal property that is
donated for | ||||||
| 8 | disaster relief to be used in a State or federally declared
| ||||||
| 9 | disaster area in Illinois or bordering Illinois by a | ||||||
| 10 | manufacturer or retailer
that is registered in this State to a | ||||||
| 11 | corporation, society, association,
foundation, or institution | ||||||
| 12 | that has been issued a sales tax exemption
identification | ||||||
| 13 | number by the Department that assists victims of the disaster
| ||||||
| 14 | who reside within the declared disaster area.
| ||||||
| 15 | (31) Beginning with taxable years ending on or after | ||||||
| 16 | December
31, 1995 and
ending with taxable years ending on or | ||||||
| 17 | before December 31, 2004, personal
property that is used in the | ||||||
| 18 | performance of infrastructure repairs in this
State, including | ||||||
| 19 | but not limited to municipal roads and streets, access roads,
| ||||||
| 20 | bridges, sidewalks, waste disposal systems, water and sewer | ||||||
| 21 | line extensions,
water distribution and purification | ||||||
| 22 | facilities, storm water drainage and
retention facilities, and | ||||||
| 23 | sewage treatment facilities, resulting from a State
or | ||||||
| 24 | federally declared disaster in Illinois or bordering Illinois | ||||||
| 25 | when such
repairs are initiated on facilities located in the | ||||||
| 26 | declared disaster area
within 6 months after the disaster.
| ||||||
| |||||||
| |||||||
| 1 | (32) Beginning July 1, 1999, game or game birds sold at a | ||||||
| 2 | "game breeding
and
hunting preserve area" as that term is used
| ||||||
| 3 | in the
Wildlife Code. This paragraph is exempt from the | ||||||
| 4 | provisions
of
Section 2-70.
| ||||||
| 5 | (33) A motor vehicle, as that term is defined in Section | ||||||
| 6 | 1-146
of the
Illinois Vehicle Code, that is donated to a | ||||||
| 7 | corporation, limited liability
company, society, association, | ||||||
| 8 | foundation, or institution that is determined by
the Department | ||||||
| 9 | to be organized and operated exclusively for educational
| ||||||
| 10 | purposes. For purposes of this exemption, "a corporation, | ||||||
| 11 | limited liability
company, society, association, foundation, | ||||||
| 12 | or institution organized and
operated
exclusively for | ||||||
| 13 | educational purposes" means all tax-supported public schools,
| ||||||
| 14 | private schools that offer systematic instruction in useful | ||||||
| 15 | branches of
learning by methods common to public schools and | ||||||
| 16 | that compare favorably in
their scope and intensity with the | ||||||
| 17 | course of study presented in tax-supported
schools, and | ||||||
| 18 | vocational or technical schools or institutes organized and
| ||||||
| 19 | operated exclusively to provide a course of study of not less | ||||||
| 20 | than 6 weeks
duration and designed to prepare individuals to | ||||||
| 21 | follow a trade or to pursue a
manual, technical, mechanical, | ||||||
| 22 | industrial, business, or commercial
occupation.
| ||||||
| 23 | (34) Beginning January 1, 2000, personal property, | ||||||
| 24 | including food, purchased
through fundraising events for the | ||||||
| 25 | benefit of a public or private elementary or
secondary school, | ||||||
| 26 | a group of those schools, or one or more school districts if
| ||||||
| |||||||
| |||||||
| 1 | the events are sponsored by an entity recognized by the school | ||||||
| 2 | district that
consists primarily of volunteers and includes | ||||||
| 3 | parents and teachers of the
school children. This paragraph | ||||||
| 4 | does not apply to fundraising events (i) for
the benefit of | ||||||
| 5 | private home instruction or (ii) for which the fundraising
| ||||||
| 6 | entity purchases the personal property sold at the events from | ||||||
| 7 | another
individual or entity that sold the property for the | ||||||
| 8 | purpose of resale by the
fundraising entity and that profits | ||||||
| 9 | from the sale to the fundraising entity.
This paragraph is | ||||||
| 10 | exempt from the provisions of Section 2-70.
| ||||||
| 11 | (35) Beginning January 1, 2000 and through December 31, | ||||||
| 12 | 2001, new or used
automatic vending machines that prepare and | ||||||
| 13 | serve hot food and beverages,
including coffee, soup, and other | ||||||
| 14 | items, and replacement parts for these
machines. Beginning | ||||||
| 15 | January 1, 2002 and through June 30, 2003, machines
and parts | ||||||
| 16 | for machines used in
commercial, coin-operated amusement and | ||||||
| 17 | vending business if a use or occupation
tax is paid on the | ||||||
| 18 | gross receipts derived from the use of the commercial,
| ||||||
| 19 | coin-operated amusement and vending machines. This paragraph | ||||||
| 20 | is exempt from
the provisions of Section 2-70.
| ||||||
| 21 | (35-5) Beginning August 23, 2001 and through June 30, 2016, | ||||||
| 22 | food for human consumption that is to be consumed off
the | ||||||
| 23 | premises where it is sold (other than alcoholic beverages, soft | ||||||
| 24 | drinks,
and food that has been prepared for immediate | ||||||
| 25 | consumption) and prescription
and nonprescription medicines, | ||||||
| 26 | drugs, medical appliances, and insulin, urine
testing | ||||||
| |||||||
| |||||||
| 1 | materials, syringes, and needles used by diabetics, for human | ||||||
| 2 | use, when
purchased for use by a person receiving medical | ||||||
| 3 | assistance under Article V of
the Illinois Public Aid Code who | ||||||
| 4 | resides in a licensed long-term care facility,
as defined in | ||||||
| 5 | the Nursing Home Care Act, or a licensed facility as defined in | ||||||
| 6 | the ID/DD Community Care Act or the Specialized Mental Health | ||||||
| 7 | Rehabilitation Act of 2013.
| ||||||
| 8 | (36) Beginning August 2, 2001, computers and | ||||||
| 9 | communications equipment
utilized for any hospital purpose and | ||||||
| 10 | equipment used in the diagnosis,
analysis, or treatment of | ||||||
| 11 | hospital patients sold to a lessor who leases the
equipment, | ||||||
| 12 | under a lease of one year or longer executed or in effect at | ||||||
| 13 | the
time of the purchase, to a hospital that has been issued an | ||||||
| 14 | active tax
exemption identification number by the Department | ||||||
| 15 | under Section 1g of this Act.
This paragraph is exempt from the | ||||||
| 16 | provisions of Section 2-70.
| ||||||
| 17 | (37) Beginning August 2, 2001, personal property sold to a | ||||||
| 18 | lessor who
leases the property, under a lease of one year or | ||||||
| 19 | longer executed or in effect
at the time of the purchase, to a | ||||||
| 20 | governmental body that has been issued an
active tax exemption | ||||||
| 21 | identification number by the Department under Section 1g
of | ||||||
| 22 | this Act. This paragraph is exempt from the provisions of | ||||||
| 23 | Section 2-70.
| ||||||
| 24 | (38) Beginning on January 1, 2002 and through June 30, | ||||||
| 25 | 2016, tangible personal property purchased
from an Illinois | ||||||
| 26 | retailer by a taxpayer engaged in centralized purchasing
| ||||||
| |||||||
| |||||||
| 1 | activities in Illinois who will, upon receipt of the property | ||||||
| 2 | in Illinois,
temporarily store the property in Illinois (i) for | ||||||
| 3 | the purpose of subsequently
transporting it outside this State | ||||||
| 4 | for use or consumption thereafter solely
outside this State or | ||||||
| 5 | (ii) for the purpose of being processed, fabricated, or
| ||||||
| 6 | manufactured into, attached to, or incorporated into other | ||||||
| 7 | tangible personal
property to be transported outside this State | ||||||
| 8 | and thereafter used or consumed
solely outside this State. The | ||||||
| 9 | Director of Revenue shall, pursuant to rules
adopted in | ||||||
| 10 | accordance with the Illinois Administrative Procedure Act, | ||||||
| 11 | issue a
permit to any taxpayer in good standing with the | ||||||
| 12 | Department who is eligible for
the exemption under this | ||||||
| 13 | paragraph (38). The permit issued under
this paragraph (38) | ||||||
| 14 | shall authorize the holder, to the extent and
in the manner | ||||||
| 15 | specified in the rules adopted under this Act, to purchase
| ||||||
| 16 | tangible personal property from a retailer exempt from the | ||||||
| 17 | taxes imposed by
this Act. Taxpayers shall maintain all | ||||||
| 18 | necessary books and records to
substantiate the use and | ||||||
| 19 | consumption of all such tangible personal property
outside of | ||||||
| 20 | the State of Illinois.
| ||||||
| 21 | (39) Beginning January 1, 2008, tangible personal property | ||||||
| 22 | used in the construction or maintenance of a community water | ||||||
| 23 | supply, as defined under Section 3.145 of the Environmental | ||||||
| 24 | Protection Act, that is operated by a not-for-profit | ||||||
| 25 | corporation that holds a valid water supply permit issued under | ||||||
| 26 | Title IV of the Environmental Protection Act. This paragraph is | ||||||
| |||||||
| |||||||
| 1 | exempt from the provisions of Section 2-70.
| ||||||
| 2 | (40) Beginning January 1, 2010, materials, parts, | ||||||
| 3 | equipment, components, and furnishings incorporated into or | ||||||
| 4 | upon an aircraft as part of the modification, refurbishment, | ||||||
| 5 | completion, replacement, repair, or maintenance of the | ||||||
| 6 | aircraft. This exemption includes consumable supplies used in | ||||||
| 7 | the modification, refurbishment, completion, replacement, | ||||||
| 8 | repair, and maintenance of aircraft, but excludes any | ||||||
| 9 | materials, parts, equipment, components, and consumable | ||||||
| 10 | supplies used in the modification, replacement, repair, and | ||||||
| 11 | maintenance of aircraft engines or power plants, whether such | ||||||
| 12 | engines or power plants are installed or uninstalled upon any | ||||||
| 13 | such aircraft. "Consumable supplies" include, but are not | ||||||
| 14 | limited to, adhesive, tape, sandpaper, general purpose | ||||||
| 15 | lubricants, cleaning solution, latex gloves, and protective | ||||||
| 16 | films. This exemption applies only to those organizations that | ||||||
| 17 | (i) hold an Air Agency Certificate and are empowered to operate | ||||||
| 18 | an approved repair station by the Federal Aviation | ||||||
| 19 | Administration, (ii) have a Class IV Rating, and (iii) conduct | ||||||
| 20 | operations in accordance with Part 145 of the Federal Aviation | ||||||
| 21 | Regulations. The exemption does not include aircraft operated | ||||||
| 22 | by a commercial air carrier providing scheduled passenger air | ||||||
| 23 | service pursuant to authority issued under Part 121 or Part 129 | ||||||
| 24 | of the Federal Aviation Regulations. | ||||||
| 25 | (41) Tangible personal property sold to a | ||||||
| 26 | public-facilities corporation, as described in Section | ||||||
| |||||||
| |||||||
| 1 | 11-65-10 of the Illinois Municipal Code, for purposes of | ||||||
| 2 | constructing or furnishing a municipal convention hall, but | ||||||
| 3 | only if the legal title to the municipal convention hall is | ||||||
| 4 | transferred to the municipality without any further | ||||||
| 5 | consideration by or on behalf of the municipality at the time | ||||||
| 6 | of the completion of the municipal convention hall or upon the | ||||||
| 7 | retirement or redemption of any bonds or other debt instruments | ||||||
| 8 | issued by the public-facilities corporation in connection with | ||||||
| 9 | the development of the municipal convention hall. This | ||||||
| 10 | exemption includes existing public-facilities corporations as | ||||||
| 11 | provided in Section 11-65-25 of the Illinois Municipal Code. | ||||||
| 12 | This paragraph is exempt from the provisions of Section 2-70. | ||||||
| 13 | (Source: P.A. 96-116, eff. 7-31-09; 96-339, eff. 7-1-10; | ||||||
| 14 | 96-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff. | ||||||
| 15 | 7-2-10; 97-38, eff. 6-28-11; 97-73, eff. 6-30-11; 97-227, eff. | ||||||
| 16 | 1-1-12; 97-431, eff. 8-16-11; 97-636, eff. 6-1-12; 97-767, eff. | ||||||
| 17 | 7-9-12.)
| ||||||
| 18 | Section 6-160. The Property Tax Code is amended by changing | ||||||
| 19 | Sections 15-168, 15-170, and 15-172 as follows:
| ||||||
| 20 | (35 ILCS 200/15-168) | ||||||
| 21 | Sec. 15-168. Disabled persons' homestead exemption. | ||||||
| 22 | (a) Beginning with taxable year 2007, an
annual homestead | ||||||
| 23 | exemption is granted to disabled persons in
the amount of | ||||||
| 24 | $2,000, except as provided in subsection (c), to
be deducted | ||||||
| |||||||
| |||||||
| 1 | from the property's value as equalized or assessed
by the | ||||||
| 2 | Department of Revenue. The disabled person shall receive
the | ||||||
| 3 | homestead exemption upon meeting the following
requirements: | ||||||
| 4 | (1) The property must be occupied as the primary | ||||||
| 5 | residence by the disabled person. | ||||||
| 6 | (2) The disabled person must be liable for paying the
| ||||||
| 7 | real estate taxes on the property. | ||||||
| 8 | (3) The disabled person must be an owner of record of
| ||||||
| 9 | the property or have a legal or equitable interest in the
| ||||||
| 10 | property as evidenced by a written instrument. In the case
| ||||||
| 11 | of a leasehold interest in property, the lease must be for
| ||||||
| 12 | a single family residence. | ||||||
| 13 | A person who is disabled during the taxable year
is | ||||||
| 14 | eligible to apply for this homestead exemption during that
| ||||||
| 15 | taxable year. Application must be made during the
application | ||||||
| 16 | period in effect for the county of residence. If a
homestead | ||||||
| 17 | exemption has been granted under this Section and the
person | ||||||
| 18 | awarded the exemption subsequently becomes a resident of
a | ||||||
| 19 | facility licensed under the Nursing Home Care Act, the | ||||||
| 20 | Specialized Mental Health Rehabilitation Act of 2013, or the | ||||||
| 21 | ID/DD Community Care Act, then the
exemption shall continue (i) | ||||||
| 22 | so long as the residence continues
to be occupied by the | ||||||
| 23 | qualifying person's spouse or (ii) if the
residence remains | ||||||
| 24 | unoccupied but is still owned by the person
qualified for the | ||||||
| 25 | homestead exemption. | ||||||
| 26 | (b) For the purposes of this Section, "disabled person"
| ||||||
| |||||||
| |||||||
| 1 | means a person unable to engage in any substantial gainful | ||||||
| 2 | activity by reason of a medically determinable physical or | ||||||
| 3 | mental impairment which can be expected to result in death or | ||||||
| 4 | has lasted or can be expected to last for a continuous period | ||||||
| 5 | of not less than 12 months. Disabled persons filing claims | ||||||
| 6 | under this Act shall submit proof of disability in such form | ||||||
| 7 | and manner as the Department shall by rule and regulation | ||||||
| 8 | prescribe. Proof that a claimant is eligible to receive | ||||||
| 9 | disability benefits under the Federal Social Security Act shall | ||||||
| 10 | constitute proof of disability for purposes of this Act. | ||||||
| 11 | Issuance of an Illinois Person with a Disability Identification | ||||||
| 12 | Card stating that the claimant is under a Class 2 disability, | ||||||
| 13 | as defined in Section 4A of the Illinois Identification Card | ||||||
| 14 | Act, shall constitute proof that the person named thereon is a | ||||||
| 15 | disabled person for purposes of this Act. A disabled person not | ||||||
| 16 | covered under the Federal Social Security Act and not | ||||||
| 17 | presenting an Illinois Person with a Disability Identification | ||||||
| 18 | Card stating that the claimant is under a Class 2 disability | ||||||
| 19 | shall be examined by a physician designated by the Department, | ||||||
| 20 | and his status as a disabled person determined using the same | ||||||
| 21 | standards as used by the Social Security Administration. The | ||||||
| 22 | costs of any required examination shall be borne by the | ||||||
| 23 | claimant. | ||||||
| 24 | (c) For land improved with (i) an apartment building owned
| ||||||
| 25 | and operated as a cooperative or (ii) a life care facility as
| ||||||
| 26 | defined under Section 2 of the Life Care Facilities Act that is
| ||||||
| |||||||
| |||||||
| 1 | considered to be a cooperative, the maximum reduction from the
| ||||||
| 2 | value of the property, as equalized or assessed by the
| ||||||
| 3 | Department, shall be multiplied by the number of apartments or
| ||||||
| 4 | units occupied by a disabled person. The disabled person shall
| ||||||
| 5 | receive the homestead exemption upon meeting the following
| ||||||
| 6 | requirements: | ||||||
| 7 | (1) The property must be occupied as the primary | ||||||
| 8 | residence by the
disabled person. | ||||||
| 9 | (2) The disabled person must be liable by contract with
| ||||||
| 10 | the owner or owners of record for paying the apportioned
| ||||||
| 11 | property taxes on the property of the cooperative or life
| ||||||
| 12 | care facility. In the case of a life care facility, the
| ||||||
| 13 | disabled person must be liable for paying the apportioned
| ||||||
| 14 | property taxes under a life care contract as defined in | ||||||
| 15 | Section 2 of the Life Care Facilities Act. | ||||||
| 16 | (3) The disabled person must be an owner of record of a
| ||||||
| 17 | legal or equitable interest in the cooperative apartment
| ||||||
| 18 | building. A leasehold interest does not meet this
| ||||||
| 19 | requirement.
| ||||||
| 20 | If a homestead exemption is granted under this subsection, the
| ||||||
| 21 | cooperative association or management firm shall credit the
| ||||||
| 22 | savings resulting from the exemption to the apportioned tax
| ||||||
| 23 | liability of the qualifying disabled person. The chief county
| ||||||
| 24 | assessment officer may request reasonable proof that the
| ||||||
| 25 | association or firm has properly credited the exemption. A
| ||||||
| 26 | person who willfully refuses to credit an exemption to the
| ||||||
| |||||||
| |||||||
| 1 | qualified disabled person is guilty of a Class B misdemeanor.
| ||||||
| 2 | (d) The chief county assessment officer shall determine the
| ||||||
| 3 | eligibility of property to receive the homestead exemption
| ||||||
| 4 | according to guidelines established by the Department. After a
| ||||||
| 5 | person has received an exemption under this Section, an annual
| ||||||
| 6 | verification of eligibility for the exemption shall be mailed
| ||||||
| 7 | to the taxpayer. | ||||||
| 8 | In counties with fewer than 3,000,000 inhabitants, the | ||||||
| 9 | chief county assessment officer shall provide to each
person | ||||||
| 10 | granted a homestead exemption under this Section a form
to | ||||||
| 11 | designate any other person to receive a duplicate of any
notice | ||||||
| 12 | of delinquency in the payment of taxes assessed and
levied | ||||||
| 13 | under this Code on the person's qualifying property. The
| ||||||
| 14 | duplicate notice shall be in addition to the notice required to
| ||||||
| 15 | be provided to the person receiving the exemption and shall be | ||||||
| 16 | given in the manner required by this Code. The person filing
| ||||||
| 17 | the request for the duplicate notice shall pay an
| ||||||
| 18 | administrative fee of $5 to the chief county assessment
| ||||||
| 19 | officer. The assessment officer shall then file the executed
| ||||||
| 20 | designation with the county collector, who shall issue the
| ||||||
| 21 | duplicate notices as indicated by the designation. A
| ||||||
| 22 | designation may be rescinded by the disabled person in the
| ||||||
| 23 | manner required by the chief county assessment officer. | ||||||
| 24 | (e) A taxpayer who claims an exemption under Section 15-165 | ||||||
| 25 | or 15-169 may not claim an exemption under this Section.
| ||||||
| 26 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| |||||||
| |||||||
| 1 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13.)
| ||||||
| 2 | (35 ILCS 200/15-170) | ||||||
| 3 | Sec. 15-170. Senior Citizens Homestead Exemption. An | ||||||
| 4 | annual homestead
exemption limited, except as described here | ||||||
| 5 | with relation to cooperatives or
life care facilities, to a
| ||||||
| 6 | maximum reduction set forth below from the property's value, as | ||||||
| 7 | equalized or
assessed by the Department, is granted for | ||||||
| 8 | property that is occupied as a
residence by a person 65 years | ||||||
| 9 | of age or older who is liable for paying real
estate taxes on | ||||||
| 10 | the property and is an owner of record of the property or has a
| ||||||
| 11 | legal or equitable interest therein as evidenced by a written | ||||||
| 12 | instrument,
except for a leasehold interest, other than a | ||||||
| 13 | leasehold interest of land on
which a single family residence | ||||||
| 14 | is located, which is occupied as a residence by
a person 65 | ||||||
| 15 | years or older who has an ownership interest therein, legal,
| ||||||
| 16 | equitable or as a lessee, and on which he or she is liable for | ||||||
| 17 | the payment
of property taxes. Before taxable year 2004, the | ||||||
| 18 | maximum reduction shall be $2,500 in counties with
3,000,000 or | ||||||
| 19 | more inhabitants and $2,000 in all other counties. For taxable | ||||||
| 20 | years 2004 through 2005, the maximum reduction shall be $3,000 | ||||||
| 21 | in all counties. For taxable years 2006 and 2007, the maximum | ||||||
| 22 | reduction shall be $3,500 and, for taxable years 2008 and | ||||||
| 23 | thereafter, the maximum reduction is $4,000 in all counties.
| ||||||
| 24 | For land
improved with an apartment building owned and | ||||||
| 25 | operated as a cooperative, the maximum reduction from the value | ||||||
| |||||||
| |||||||
| 1 | of the property, as
equalized
by the Department, shall be | ||||||
| 2 | multiplied by the number of apartments or units
occupied by a | ||||||
| 3 | person 65 years of age or older who is liable, by contract with
| ||||||
| 4 | the owner or owners of record, for paying property taxes on the | ||||||
| 5 | property and
is an owner of record of a legal or equitable | ||||||
| 6 | interest in the cooperative
apartment building, other than a | ||||||
| 7 | leasehold interest. For land improved with
a life care | ||||||
| 8 | facility, the maximum reduction from the value of the property, | ||||||
| 9 | as
equalized by the Department, shall be multiplied by the | ||||||
| 10 | number of apartments or
units occupied by persons 65 years of | ||||||
| 11 | age or older, irrespective of any legal,
equitable, or | ||||||
| 12 | leasehold interest in the facility, who are liable, under a
| ||||||
| 13 | contract with the owner or owners of record of the facility, | ||||||
| 14 | for paying
property taxes on the property. In a
cooperative or | ||||||
| 15 | a life care facility where a
homestead exemption has been | ||||||
| 16 | granted, the cooperative association or the
management firm of | ||||||
| 17 | the cooperative or facility shall credit the savings
resulting | ||||||
| 18 | from that exemption only to
the apportioned tax liability of | ||||||
| 19 | the owner or resident who qualified for
the exemption.
Any | ||||||
| 20 | person who willfully refuses to so credit the savings shall be | ||||||
| 21 | guilty of a
Class B misdemeanor. Under this Section and | ||||||
| 22 | Sections 15-175, 15-176, and 15-177, "life care
facility" means | ||||||
| 23 | a facility, as defined in Section 2 of the Life Care Facilities
| ||||||
| 24 | Act, with which the applicant for the homestead exemption has a | ||||||
| 25 | life care
contract as defined in that Act. | ||||||
| 26 | When a homestead exemption has been granted under this | ||||||
| |||||||
| |||||||
| 1 | Section and the person
qualifying subsequently becomes a | ||||||
| 2 | resident of a facility licensed under the Assisted Living and | ||||||
| 3 | Shared Housing Act, the Nursing Home Care Act, the Specialized | ||||||
| 4 | Mental Health Rehabilitation Act of 2013, or the ID/DD | ||||||
| 5 | Community Care Act, the exemption shall continue so long as the | ||||||
| 6 | residence
continues to be occupied by the qualifying person's | ||||||
| 7 | spouse if the spouse is 65
years of age or older, or if the | ||||||
| 8 | residence remains unoccupied but is still
owned by the person | ||||||
| 9 | qualified for the homestead exemption. | ||||||
| 10 | A person who will be 65 years of age
during the current | ||||||
| 11 | assessment year
shall
be eligible to apply for the homestead | ||||||
| 12 | exemption during that assessment
year.
Application shall be | ||||||
| 13 | made during the application period in effect for the
county of | ||||||
| 14 | his residence. | ||||||
| 15 | Beginning with assessment year 2003, for taxes payable in | ||||||
| 16 | 2004,
property
that is first occupied as a residence after | ||||||
| 17 | January 1 of any assessment year by
a person who is eligible | ||||||
| 18 | for the senior citizens homestead exemption under this
Section | ||||||
| 19 | must be granted a pro-rata exemption for the assessment year. | ||||||
| 20 | The
amount of the pro-rata exemption is the exemption
allowed | ||||||
| 21 | in the county under this Section divided by 365 and multiplied | ||||||
| 22 | by the
number of days during the assessment year the property | ||||||
| 23 | is occupied as a
residence by a
person eligible for the | ||||||
| 24 | exemption under this Section. The chief county
assessment | ||||||
| 25 | officer must adopt reasonable procedures to establish | ||||||
| 26 | eligibility
for this pro-rata exemption. | ||||||
| |||||||
| |||||||
| 1 | The assessor or chief county assessment officer may | ||||||
| 2 | determine the eligibility
of a life care facility to receive | ||||||
| 3 | the benefits provided by this Section, by
affidavit, | ||||||
| 4 | application, visual inspection, questionnaire or other | ||||||
| 5 | reasonable
methods in order to insure that the tax savings | ||||||
| 6 | resulting from the exemption
are credited by the management | ||||||
| 7 | firm to the apportioned tax liability of each
qualifying | ||||||
| 8 | resident. The assessor may request reasonable proof that the
| ||||||
| 9 | management firm has so credited the exemption. | ||||||
| 10 | The chief county assessment officer of each county with | ||||||
| 11 | less than 3,000,000
inhabitants shall provide to each person | ||||||
| 12 | allowed a homestead exemption under
this Section a form to | ||||||
| 13 | designate any other person to receive a
duplicate of any notice | ||||||
| 14 | of delinquency in the payment of taxes assessed and
levied | ||||||
| 15 | under this Code on the property of the person receiving the | ||||||
| 16 | exemption.
The duplicate notice shall be in addition to the | ||||||
| 17 | notice required to be
provided to the person receiving the | ||||||
| 18 | exemption, and shall be given in the
manner required by this | ||||||
| 19 | Code. The person filing the request for the duplicate
notice | ||||||
| 20 | shall pay a fee of $5 to cover administrative costs to the | ||||||
| 21 | supervisor of
assessments, who shall then file the executed | ||||||
| 22 | designation with the county
collector. Notwithstanding any | ||||||
| 23 | other provision of this Code to the contrary,
the filing of | ||||||
| 24 | such an executed designation requires the county collector to
| ||||||
| 25 | provide duplicate notices as indicated by the designation. A | ||||||
| 26 | designation may
be rescinded by the person who executed such | ||||||
| |||||||
| |||||||
| 1 | designation at any time, in the
manner and form required by the | ||||||
| 2 | chief county assessment officer. | ||||||
| 3 | The assessor or chief county assessment officer may | ||||||
| 4 | determine the
eligibility of residential property to receive | ||||||
| 5 | the homestead exemption provided
by this Section by | ||||||
| 6 | application, visual inspection, questionnaire or other
| ||||||
| 7 | reasonable methods. The determination shall be made in | ||||||
| 8 | accordance with
guidelines established by the Department. | ||||||
| 9 | In counties with 3,000,000 or more inhabitants, beginning | ||||||
| 10 | in taxable year 2010, each taxpayer who has been granted an | ||||||
| 11 | exemption under this Section must reapply on an annual basis. | ||||||
| 12 | The chief county assessment officer shall mail the application | ||||||
| 13 | to the taxpayer. In counties with less than 3,000,000 | ||||||
| 14 | inhabitants, the county board may by
resolution provide that if | ||||||
| 15 | a person has been granted a homestead exemption
under this | ||||||
| 16 | Section, the person qualifying need not reapply for the | ||||||
| 17 | exemption. | ||||||
| 18 | In counties with less than 3,000,000 inhabitants, if the | ||||||
| 19 | assessor or chief
county assessment officer requires annual | ||||||
| 20 | application for verification of
eligibility for an exemption | ||||||
| 21 | once granted under this Section, the application
shall be | ||||||
| 22 | mailed to the taxpayer. | ||||||
| 23 | The assessor or chief county assessment officer shall | ||||||
| 24 | notify each person
who qualifies for an exemption under this | ||||||
| 25 | Section that the person may also
qualify for deferral of real | ||||||
| 26 | estate taxes under the Senior Citizens Real Estate
Tax Deferral | ||||||
| |||||||
| |||||||
| 1 | Act. The notice shall set forth the qualifications needed for
| ||||||
| 2 | deferral of real estate taxes, the address and telephone number | ||||||
| 3 | of
county collector, and a
statement that applications for | ||||||
| 4 | deferral of real estate taxes may be obtained
from the county | ||||||
| 5 | collector. | ||||||
| 6 | Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||||||
| 7 | no
reimbursement by the State is required for the | ||||||
| 8 | implementation of any mandate
created by this Section. | ||||||
| 9 | (Source: P.A. 96-339, eff. 7-1-10; 96-355, eff. 1-1-10; | ||||||
| 10 | 96-1000, eff. 7-2-10; 96-1418, eff. 8-2-10; 97-38, eff. | ||||||
| 11 | 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 12 | (35 ILCS 200/15-172)
| ||||||
| 13 | Sec. 15-172. Senior Citizens Assessment Freeze Homestead | ||||||
| 14 | Exemption.
| ||||||
| 15 | (a) This Section may be cited as the Senior Citizens | ||||||
| 16 | Assessment
Freeze Homestead Exemption.
| ||||||
| 17 | (b) As used in this Section:
| ||||||
| 18 | "Applicant" means an individual who has filed an | ||||||
| 19 | application under this
Section.
| ||||||
| 20 | "Base amount" means the base year equalized assessed value | ||||||
| 21 | of the residence
plus the first year's equalized assessed value | ||||||
| 22 | of any added improvements which
increased the assessed value of | ||||||
| 23 | the residence after the base year.
| ||||||
| 24 | "Base year" means the taxable year prior to the taxable | ||||||
| 25 | year for which the
applicant first qualifies and applies for | ||||||
| |||||||
| |||||||
| 1 | the exemption provided that in the
prior taxable year the | ||||||
| 2 | property was improved with a permanent structure that
was | ||||||
| 3 | occupied as a residence by the applicant who was liable for | ||||||
| 4 | paying real
property taxes on the property and who was either | ||||||
| 5 | (i) an owner of record of the
property or had legal or | ||||||
| 6 | equitable interest in the property as evidenced by a
written | ||||||
| 7 | instrument or (ii) had a legal or equitable interest as a | ||||||
| 8 | lessee in the
parcel of property that was single family | ||||||
| 9 | residence.
If in any subsequent taxable year for which the | ||||||
| 10 | applicant applies and
qualifies for the exemption the equalized | ||||||
| 11 | assessed value of the residence is
less than the equalized | ||||||
| 12 | assessed value in the existing base year
(provided that such | ||||||
| 13 | equalized assessed value is not
based
on an
assessed value that | ||||||
| 14 | results from a temporary irregularity in the property that
| ||||||
| 15 | reduces the
assessed value for one or more taxable years), then | ||||||
| 16 | that
subsequent taxable year shall become the base year until a | ||||||
| 17 | new base year is
established under the terms of this paragraph. | ||||||
| 18 | For taxable year 1999 only, the
Chief County Assessment Officer | ||||||
| 19 | shall review (i) all taxable years for which
the
applicant | ||||||
| 20 | applied and qualified for the exemption and (ii) the existing | ||||||
| 21 | base
year.
The assessment officer shall select as the new base | ||||||
| 22 | year the year with the
lowest equalized assessed value.
An | ||||||
| 23 | equalized assessed value that is based on an assessed value | ||||||
| 24 | that results
from a
temporary irregularity in the property that | ||||||
| 25 | reduces the assessed value for one
or more
taxable years shall | ||||||
| 26 | not be considered the lowest equalized assessed value.
The | ||||||
| |||||||
| |||||||
| 1 | selected year shall be the base year for
taxable year 1999 and | ||||||
| 2 | thereafter until a new base year is established under the
terms | ||||||
| 3 | of this paragraph.
| ||||||
| 4 | "Chief County Assessment Officer" means the County | ||||||
| 5 | Assessor or Supervisor of
Assessments of the county in which | ||||||
| 6 | the property is located.
| ||||||
| 7 | "Equalized assessed value" means the assessed value as | ||||||
| 8 | equalized by the
Illinois Department of Revenue.
| ||||||
| 9 | "Household" means the applicant, the spouse of the | ||||||
| 10 | applicant, and all persons
using the residence of the applicant | ||||||
| 11 | as their principal place of residence.
| ||||||
| 12 | "Household income" means the combined income of the members | ||||||
| 13 | of a household
for the calendar year preceding the taxable | ||||||
| 14 | year.
| ||||||
| 15 | "Income" has the same meaning as provided in Section 3.07 | ||||||
| 16 | of the Senior
Citizens and Disabled Persons Property Tax Relief
| ||||||
| 17 | Act, except that, beginning in assessment year 2001, "income" | ||||||
| 18 | does not
include veteran's benefits.
| ||||||
| 19 | "Internal Revenue Code of 1986" means the United States | ||||||
| 20 | Internal Revenue Code
of 1986 or any successor law or laws | ||||||
| 21 | relating to federal income taxes in effect
for the year | ||||||
| 22 | preceding the taxable year.
| ||||||
| 23 | "Life care facility that qualifies as a cooperative" means | ||||||
| 24 | a facility as
defined in Section 2 of the Life Care Facilities | ||||||
| 25 | Act.
| ||||||
| 26 | "Maximum income limitation" means: | ||||||
| |||||||
| |||||||
| 1 | (1) $35,000 prior
to taxable year 1999; | ||||||
| 2 | (2) $40,000 in taxable years 1999 through 2003; | ||||||
| 3 | (3) $45,000 in taxable years 2004 through 2005; | ||||||
| 4 | (4) $50,000 in taxable years 2006 and 2007; and | ||||||
| 5 | (5) $55,000 in taxable year 2008 and thereafter.
| ||||||
| 6 | "Residence" means the principal dwelling place and | ||||||
| 7 | appurtenant structures
used for residential purposes in this | ||||||
| 8 | State occupied on January 1 of the
taxable year by a household | ||||||
| 9 | and so much of the surrounding land, constituting
the parcel | ||||||
| 10 | upon which the dwelling place is situated, as is used for
| ||||||
| 11 | residential purposes. If the Chief County Assessment Officer | ||||||
| 12 | has established a
specific legal description for a portion of | ||||||
| 13 | property constituting the
residence, then that portion of | ||||||
| 14 | property shall be deemed the residence for the
purposes of this | ||||||
| 15 | Section.
| ||||||
| 16 | "Taxable year" means the calendar year during which ad | ||||||
| 17 | valorem property taxes
payable in the next succeeding year are | ||||||
| 18 | levied.
| ||||||
| 19 | (c) Beginning in taxable year 1994, a senior citizens | ||||||
| 20 | assessment freeze
homestead exemption is granted for real | ||||||
| 21 | property that is improved with a
permanent structure that is | ||||||
| 22 | occupied as a residence by an applicant who (i) is
65 years of | ||||||
| 23 | age or older during the taxable year, (ii) has a household | ||||||
| 24 | income that does not exceed the maximum income limitation, | ||||||
| 25 | (iii) is liable for paying real property taxes on
the
property, | ||||||
| 26 | and (iv) is an owner of record of the property or has a legal or
| ||||||
| |||||||
| |||||||
| 1 | equitable interest in the property as evidenced by a written | ||||||
| 2 | instrument. This
homestead exemption shall also apply to a | ||||||
| 3 | leasehold interest in a parcel of
property improved with a | ||||||
| 4 | permanent structure that is a single family residence
that is | ||||||
| 5 | occupied as a residence by a person who (i) is 65 years of age | ||||||
| 6 | or older
during the taxable year, (ii) has a household income | ||||||
| 7 | that does not exceed the maximum income limitation,
(iii)
has a | ||||||
| 8 | legal or equitable ownership interest in the property as | ||||||
| 9 | lessee, and (iv)
is liable for the payment of real property | ||||||
| 10 | taxes on that property.
| ||||||
| 11 | In counties of 3,000,000 or more inhabitants, the amount of | ||||||
| 12 | the exemption for all taxable years is the equalized assessed | ||||||
| 13 | value of the
residence in the taxable year for which | ||||||
| 14 | application is made minus the base
amount. In all other | ||||||
| 15 | counties, the amount of the exemption is as follows: (i) | ||||||
| 16 | through taxable year 2005 and for taxable year 2007 and | ||||||
| 17 | thereafter, the amount of this exemption shall be the equalized | ||||||
| 18 | assessed value of the
residence in the taxable year for which | ||||||
| 19 | application is made minus the base
amount; and (ii) for
taxable | ||||||
| 20 | year 2006, the amount of the exemption is as follows:
| ||||||
| 21 | (1) For an applicant who has a household income of | ||||||
| 22 | $45,000 or less, the amount of the exemption is the | ||||||
| 23 | equalized assessed value of the
residence in the taxable | ||||||
| 24 | year for which application is made minus the base
amount. | ||||||
| 25 | (2) For an applicant who has a household income | ||||||
| 26 | exceeding $45,000 but not exceeding $46,250, the amount of | ||||||
| |||||||
| |||||||
| 1 | the exemption is (i) the equalized assessed value of the
| ||||||
| 2 | residence in the taxable year for which application is made | ||||||
| 3 | minus the base
amount (ii) multiplied by 0.8. | ||||||
| 4 | (3) For an applicant who has a household income | ||||||
| 5 | exceeding $46,250 but not exceeding $47,500, the amount of | ||||||
| 6 | the exemption is (i) the equalized assessed value of the
| ||||||
| 7 | residence in the taxable year for which application is made | ||||||
| 8 | minus the base
amount (ii) multiplied by 0.6. | ||||||
| 9 | (4) For an applicant who has a household income | ||||||
| 10 | exceeding $47,500 but not exceeding $48,750, the amount of | ||||||
| 11 | the exemption is (i) the equalized assessed value of the
| ||||||
| 12 | residence in the taxable year for which application is made | ||||||
| 13 | minus the base
amount (ii) multiplied by 0.4. | ||||||
| 14 | (5) For an applicant who has a household income | ||||||
| 15 | exceeding $48,750 but not exceeding $50,000, the amount of | ||||||
| 16 | the exemption is (i) the equalized assessed value of the
| ||||||
| 17 | residence in the taxable year for which application is made | ||||||
| 18 | minus the base
amount (ii) multiplied by 0.2.
| ||||||
| 19 | When the applicant is a surviving spouse of an applicant | ||||||
| 20 | for a prior year for
the same residence for which an exemption | ||||||
| 21 | under this Section has been granted,
the base year and base | ||||||
| 22 | amount for that residence are the same as for the
applicant for | ||||||
| 23 | the prior year.
| ||||||
| 24 | Each year at the time the assessment books are certified to | ||||||
| 25 | the County Clerk,
the Board of Review or Board of Appeals shall | ||||||
| 26 | give to the County Clerk a list
of the assessed values of | ||||||
| |||||||
| |||||||
| 1 | improvements on each parcel qualifying for this
exemption that | ||||||
| 2 | were added after the base year for this parcel and that
| ||||||
| 3 | increased the assessed value of the property.
| ||||||
| 4 | In the case of land improved with an apartment building | ||||||
| 5 | owned and operated as
a cooperative or a building that is a | ||||||
| 6 | life care facility that qualifies as a
cooperative, the maximum | ||||||
| 7 | reduction from the equalized assessed value of the
property is | ||||||
| 8 | limited to the sum of the reductions calculated for each unit
| ||||||
| 9 | occupied as a residence by a person or persons (i) 65 years of | ||||||
| 10 | age or older, (ii) with a
household income that does not exceed | ||||||
| 11 | the maximum income limitation, (iii) who is liable, by contract | ||||||
| 12 | with the
owner
or owners of record, for paying real property | ||||||
| 13 | taxes on the property, and (iv) who is
an owner of record of a | ||||||
| 14 | legal or equitable interest in the cooperative
apartment | ||||||
| 15 | building, other than a leasehold interest. In the instance of a
| ||||||
| 16 | cooperative where a homestead exemption has been granted under | ||||||
| 17 | this Section,
the cooperative association or its management | ||||||
| 18 | firm shall credit the savings
resulting from that exemption | ||||||
| 19 | only to the apportioned tax liability of the
owner who | ||||||
| 20 | qualified for the exemption. Any person who willfully refuses | ||||||
| 21 | to
credit that savings to an owner who qualifies for the | ||||||
| 22 | exemption is guilty of a
Class B misdemeanor.
| ||||||
| 23 | When a homestead exemption has been granted under this | ||||||
| 24 | Section and an
applicant then becomes a resident of a facility | ||||||
| 25 | licensed under the Assisted Living and Shared Housing Act, the | ||||||
| 26 | Nursing Home
Care Act, the Specialized Mental Health | ||||||
| |||||||
| |||||||
| 1 | Rehabilitation Act of 2013, or the ID/DD Community Care Act, | ||||||
| 2 | the exemption shall be granted in subsequent years so long as | ||||||
| 3 | the
residence (i) continues to be occupied by the qualified | ||||||
| 4 | applicant's spouse or
(ii) if remaining unoccupied, is still | ||||||
| 5 | owned by the qualified applicant for the
homestead exemption.
| ||||||
| 6 | Beginning January 1, 1997, when an individual dies who | ||||||
| 7 | would have qualified
for an exemption under this Section, and | ||||||
| 8 | the surviving spouse does not
independently qualify for this | ||||||
| 9 | exemption because of age, the exemption under
this Section | ||||||
| 10 | shall be granted to the surviving spouse for the taxable year
| ||||||
| 11 | preceding and the taxable
year of the death, provided that, | ||||||
| 12 | except for age, the surviving spouse meets
all
other | ||||||
| 13 | qualifications for the granting of this exemption for those | ||||||
| 14 | years.
| ||||||
| 15 | When married persons maintain separate residences, the | ||||||
| 16 | exemption provided for
in this Section may be claimed by only | ||||||
| 17 | one of such persons and for only one
residence.
| ||||||
| 18 | For taxable year 1994 only, in counties having less than | ||||||
| 19 | 3,000,000
inhabitants, to receive the exemption, a person shall | ||||||
| 20 | submit an application by
February 15, 1995 to the Chief County | ||||||
| 21 | Assessment Officer
of the county in which the property is | ||||||
| 22 | located. In counties having 3,000,000
or more inhabitants, for | ||||||
| 23 | taxable year 1994 and all subsequent taxable years, to
receive | ||||||
| 24 | the exemption, a person
may submit an application to the Chief | ||||||
| 25 | County
Assessment Officer of the county in which the property | ||||||
| 26 | is located during such
period as may be specified by the Chief | ||||||
| |||||||
| |||||||
| 1 | County Assessment Officer. The Chief
County Assessment Officer | ||||||
| 2 | in counties of 3,000,000 or more inhabitants shall
annually | ||||||
| 3 | give notice of the application period by mail or by | ||||||
| 4 | publication. In
counties having less than 3,000,000 | ||||||
| 5 | inhabitants, beginning with taxable year
1995 and thereafter, | ||||||
| 6 | to receive the exemption, a person
shall
submit an
application | ||||||
| 7 | by July 1 of each taxable year to the Chief County Assessment
| ||||||
| 8 | Officer of the county in which the property is located. A | ||||||
| 9 | county may, by
ordinance, establish a date for submission of | ||||||
| 10 | applications that is
different than
July 1.
The applicant shall | ||||||
| 11 | submit with the
application an affidavit of the applicant's | ||||||
| 12 | total household income, age,
marital status (and if married the | ||||||
| 13 | name and address of the applicant's spouse,
if known), and | ||||||
| 14 | principal dwelling place of members of the household on January
| ||||||
| 15 | 1 of the taxable year. The Department shall establish, by rule, | ||||||
| 16 | a method for
verifying the accuracy of affidavits filed by | ||||||
| 17 | applicants under this Section, and the Chief County Assessment | ||||||
| 18 | Officer may conduct audits of any taxpayer claiming an | ||||||
| 19 | exemption under this Section to verify that the taxpayer is | ||||||
| 20 | eligible to receive the exemption. Each application shall | ||||||
| 21 | contain or be verified by a written declaration that it is made | ||||||
| 22 | under the penalties of perjury. A taxpayer's signing a | ||||||
| 23 | fraudulent application under this Act is perjury, as defined in | ||||||
| 24 | Section 32-2 of the Criminal Code of 2012.
The applications | ||||||
| 25 | shall be clearly marked as applications for the Senior
Citizens | ||||||
| 26 | Assessment Freeze Homestead Exemption and must contain a notice | ||||||
| |||||||
| |||||||
| 1 | that any taxpayer who receives the exemption is subject to an | ||||||
| 2 | audit by the Chief County Assessment Officer.
| ||||||
| 3 | Notwithstanding any other provision to the contrary, in | ||||||
| 4 | counties having fewer
than 3,000,000 inhabitants, if an | ||||||
| 5 | applicant fails
to file the application required by this | ||||||
| 6 | Section in a timely manner and this
failure to file is due to a | ||||||
| 7 | mental or physical condition sufficiently severe so
as to | ||||||
| 8 | render the applicant incapable of filing the application in a | ||||||
| 9 | timely
manner, the Chief County Assessment Officer may extend | ||||||
| 10 | the filing deadline for
a period of 30 days after the applicant | ||||||
| 11 | regains the capability to file the
application, but in no case | ||||||
| 12 | may the filing deadline be extended beyond 3
months of the | ||||||
| 13 | original filing deadline. In order to receive the extension
| ||||||
| 14 | provided in this paragraph, the applicant shall provide the | ||||||
| 15 | Chief County
Assessment Officer with a signed statement from | ||||||
| 16 | the applicant's physician
stating the nature and extent of the | ||||||
| 17 | condition, that, in the
physician's opinion, the condition was | ||||||
| 18 | so severe that it rendered the applicant
incapable of filing | ||||||
| 19 | the application in a timely manner, and the date on which
the | ||||||
| 20 | applicant regained the capability to file the application.
| ||||||
| 21 | Beginning January 1, 1998, notwithstanding any other | ||||||
| 22 | provision to the
contrary, in counties having fewer than | ||||||
| 23 | 3,000,000 inhabitants, if an applicant
fails to file the | ||||||
| 24 | application required by this Section in a timely manner and
| ||||||
| 25 | this failure to file is due to a mental or physical condition | ||||||
| 26 | sufficiently
severe so as to render the applicant incapable of | ||||||
| |||||||
| |||||||
| 1 | filing the application in a
timely manner, the Chief County | ||||||
| 2 | Assessment Officer may extend the filing
deadline for a period | ||||||
| 3 | of 3 months. In order to receive the extension provided
in this | ||||||
| 4 | paragraph, the applicant shall provide the Chief County | ||||||
| 5 | Assessment
Officer with a signed statement from the applicant's | ||||||
| 6 | physician stating the
nature and extent of the condition, and | ||||||
| 7 | that, in the physician's opinion, the
condition was so severe | ||||||
| 8 | that it rendered the applicant incapable of filing the
| ||||||
| 9 | application in a timely manner.
| ||||||
| 10 | In counties having less than 3,000,000 inhabitants, if an | ||||||
| 11 | applicant was
denied an exemption in taxable year 1994 and the | ||||||
| 12 | denial occurred due to an
error on the part of an assessment
| ||||||
| 13 | official, or his or her agent or employee, then beginning in | ||||||
| 14 | taxable year 1997
the
applicant's base year, for purposes of | ||||||
| 15 | determining the amount of the exemption,
shall be 1993 rather | ||||||
| 16 | than 1994. In addition, in taxable year 1997, the
applicant's | ||||||
| 17 | exemption shall also include an amount equal to (i) the amount | ||||||
| 18 | of
any exemption denied to the applicant in taxable year 1995 | ||||||
| 19 | as a result of using
1994, rather than 1993, as the base year, | ||||||
| 20 | (ii) the amount of any exemption
denied to the applicant in | ||||||
| 21 | taxable year 1996 as a result of using 1994, rather
than 1993, | ||||||
| 22 | as the base year, and (iii) the amount of the exemption | ||||||
| 23 | erroneously
denied for taxable year 1994.
| ||||||
| 24 | For purposes of this Section, a person who will be 65 years | ||||||
| 25 | of age during the
current taxable year shall be eligible to | ||||||
| 26 | apply for the homestead exemption
during that taxable year. | ||||||
| |||||||
| |||||||
| 1 | Application shall be made during the application
period in | ||||||
| 2 | effect for the county of his or her residence.
| ||||||
| 3 | The Chief County Assessment Officer may determine the | ||||||
| 4 | eligibility of a life
care facility that qualifies as a | ||||||
| 5 | cooperative to receive the benefits
provided by this Section by | ||||||
| 6 | use of an affidavit, application, visual
inspection, | ||||||
| 7 | questionnaire, or other reasonable method in order to insure | ||||||
| 8 | that
the tax savings resulting from the exemption are credited | ||||||
| 9 | by the management
firm to the apportioned tax liability of each | ||||||
| 10 | qualifying resident. The Chief
County Assessment Officer may | ||||||
| 11 | request reasonable proof that the management firm
has so | ||||||
| 12 | credited that exemption.
| ||||||
| 13 | Except as provided in this Section, all information | ||||||
| 14 | received by the chief
county assessment officer or the | ||||||
| 15 | Department from applications filed under this
Section, or from | ||||||
| 16 | any investigation conducted under the provisions of this
| ||||||
| 17 | Section, shall be confidential, except for official purposes or
| ||||||
| 18 | pursuant to official procedures for collection of any State or | ||||||
| 19 | local tax or
enforcement of any civil or criminal penalty or | ||||||
| 20 | sanction imposed by this Act or
by any statute or ordinance | ||||||
| 21 | imposing a State or local tax. Any person who
divulges any such | ||||||
| 22 | information in any manner, except in accordance with a proper
| ||||||
| 23 | judicial order, is guilty of a Class A misdemeanor.
| ||||||
| 24 | Nothing contained in this Section shall prevent the | ||||||
| 25 | Director or chief county
assessment officer from publishing or | ||||||
| 26 | making available reasonable statistics
concerning the | ||||||
| |||||||
| |||||||
| 1 | operation of the exemption contained in this Section in which
| ||||||
| 2 | the contents of claims are grouped into aggregates in such a | ||||||
| 3 | way that
information contained in any individual claim shall | ||||||
| 4 | not be disclosed.
| ||||||
| 5 | (d) Each Chief County Assessment Officer shall annually | ||||||
| 6 | publish a notice
of availability of the exemption provided | ||||||
| 7 | under this Section. The notice
shall be published at least 60 | ||||||
| 8 | days but no more than 75 days prior to the date
on which the | ||||||
| 9 | application must be submitted to the Chief County Assessment
| ||||||
| 10 | Officer of the county in which the property is located. The | ||||||
| 11 | notice shall
appear in a newspaper of general circulation in | ||||||
| 12 | the county.
| ||||||
| 13 | Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||||||
| 14 | no reimbursement by the State is required for the | ||||||
| 15 | implementation of any mandate created by this Section.
| ||||||
| 16 | (Source: P.A. 96-339, eff. 7-1-10; 96-355, eff. 1-1-10; | ||||||
| 17 | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; | ||||||
| 18 | 97-689, eff. 6-14-12; 97-813, eff. 7-13-12; 97-1150, eff. | ||||||
| 19 | 1-25-13.)
| ||||||
| 20 | Section 6-165. The Regional Transportation Authority Act | ||||||
| 21 | is amended by changing Section 4.03 as follows:
| ||||||
| 22 | (70 ILCS 3615/4.03) (from Ch. 111 2/3, par. 704.03)
| ||||||
| 23 | Sec. 4.03. Taxes.
| ||||||
| 24 | (a) In order to carry out any of the powers or
purposes of | ||||||
| |||||||
| |||||||
| 1 | the Authority, the Board may by ordinance adopted with the
| ||||||
| 2 | concurrence of 12
of the then Directors, impose throughout the
| ||||||
| 3 | metropolitan region any or all of the taxes provided in this | ||||||
| 4 | Section.
Except as otherwise provided in this Act, taxes | ||||||
| 5 | imposed under this
Section and civil penalties imposed incident | ||||||
| 6 | thereto shall be collected
and enforced by the State Department | ||||||
| 7 | of Revenue. The Department shall
have the power to administer | ||||||
| 8 | and enforce the taxes and to determine all
rights for refunds | ||||||
| 9 | for erroneous payments of the taxes. Nothing in this amendatory | ||||||
| 10 | Act of the 95th General Assembly is intended to invalidate any | ||||||
| 11 | taxes currently imposed by the Authority. The increased vote | ||||||
| 12 | requirements to impose a tax shall only apply to actions taken | ||||||
| 13 | after the effective date of this amendatory Act of the 95th | ||||||
| 14 | General Assembly.
| ||||||
| 15 | (b) The Board may impose a public transportation tax upon | ||||||
| 16 | all
persons engaged in the metropolitan region in the business | ||||||
| 17 | of selling at
retail motor fuel for operation of motor vehicles | ||||||
| 18 | upon public highways. The
tax shall be at a rate not to exceed | ||||||
| 19 | 5% of the gross receipts from the sales
of motor fuel in the | ||||||
| 20 | course of the business. As used in this Act, the term
"motor | ||||||
| 21 | fuel" shall have the same meaning as in the Motor Fuel Tax Law. | ||||||
| 22 | The Board may provide for details of the tax. The provisions of
| ||||||
| 23 | any tax shall conform, as closely as may be practicable, to the | ||||||
| 24 | provisions
of the Municipal Retailers Occupation Tax Act, | ||||||
| 25 | including without limitation,
conformity to penalties with | ||||||
| 26 | respect to the tax imposed and as to the powers of
the State | ||||||
| |||||||
| |||||||
| 1 | Department of Revenue to promulgate and enforce rules and | ||||||
| 2 | regulations
relating to the administration and enforcement of | ||||||
| 3 | the provisions of the tax
imposed, except that reference in the | ||||||
| 4 | Act to any municipality shall refer to
the Authority and the | ||||||
| 5 | tax shall be imposed only with regard to receipts from
sales of | ||||||
| 6 | motor fuel in the metropolitan region, at rates as limited by | ||||||
| 7 | this
Section.
| ||||||
| 8 | (c) In connection with the tax imposed under paragraph (b) | ||||||
| 9 | of
this Section the Board may impose a tax upon the privilege | ||||||
| 10 | of using in
the metropolitan region motor fuel for the | ||||||
| 11 | operation of a motor vehicle
upon public highways, the tax to | ||||||
| 12 | be at a rate not in excess of the rate
of tax imposed under | ||||||
| 13 | paragraph (b) of this Section. The Board may
provide for | ||||||
| 14 | details of the tax.
| ||||||
| 15 | (d) The Board may impose a motor vehicle parking tax upon | ||||||
| 16 | the
privilege of parking motor vehicles at off-street parking | ||||||
| 17 | facilities in
the metropolitan region at which a fee is | ||||||
| 18 | charged, and may provide for
reasonable classifications in and | ||||||
| 19 | exemptions to the tax, for
administration and enforcement | ||||||
| 20 | thereof and for civil penalties and
refunds thereunder and may | ||||||
| 21 | provide criminal penalties thereunder, the
maximum penalties | ||||||
| 22 | not to exceed the maximum criminal penalties provided
in the | ||||||
| 23 | Retailers' Occupation Tax Act. The
Authority may collect and | ||||||
| 24 | enforce the tax itself or by contract with
any unit of local | ||||||
| 25 | government. The State Department of Revenue shall have
no | ||||||
| 26 | responsibility for the collection and enforcement unless the
| ||||||
| |||||||
| |||||||
| 1 | Department agrees with the Authority to undertake the | ||||||
| 2 | collection and
enforcement. As used in this paragraph, the term | ||||||
| 3 | "parking facility"
means a parking area or structure having | ||||||
| 4 | parking spaces for more than 2
vehicles at which motor vehicles | ||||||
| 5 | are permitted to park in return for an
hourly, daily, or other | ||||||
| 6 | periodic fee, whether publicly or privately
owned, but does not | ||||||
| 7 | include parking spaces on a public street, the use
of which is | ||||||
| 8 | regulated by parking meters.
| ||||||
| 9 | (e) The Board may impose a Regional Transportation | ||||||
| 10 | Authority
Retailers' Occupation Tax upon all persons engaged in | ||||||
| 11 | the business of
selling tangible personal property at retail in | ||||||
| 12 | the metropolitan region.
In Cook County the tax rate shall be | ||||||
| 13 | 1.25%
of the gross receipts from sales
of food for human | ||||||
| 14 | consumption that is to be consumed off the premises
where it is | ||||||
| 15 | sold (other than alcoholic beverages, soft drinks and food
that | ||||||
| 16 | has been prepared for immediate consumption) and prescription | ||||||
| 17 | and
nonprescription medicines, drugs, medical appliances and | ||||||
| 18 | insulin, urine
testing materials, syringes and needles used by | ||||||
| 19 | diabetics, and 1%
of the
gross receipts from other taxable | ||||||
| 20 | sales made in the course of that business.
In DuPage, Kane, | ||||||
| 21 | Lake, McHenry, and Will Counties, the tax rate shall be 0.75%
| ||||||
| 22 | of the gross receipts from all taxable sales made in the course | ||||||
| 23 | of that
business. The tax
imposed under this Section and all | ||||||
| 24 | civil penalties that may be
assessed as an incident thereof | ||||||
| 25 | shall be collected and enforced by the
State Department of | ||||||
| 26 | Revenue. The Department shall have full power to
administer and | ||||||
| |||||||
| |||||||
| 1 | enforce this Section; to collect all taxes and penalties
so | ||||||
| 2 | collected in the manner hereinafter provided; and to determine | ||||||
| 3 | all
rights to credit memoranda arising on account of the | ||||||
| 4 | erroneous payment
of tax or penalty hereunder. In the | ||||||
| 5 | administration of, and compliance
with this Section, the | ||||||
| 6 | Department and persons who are subject to this
Section shall | ||||||
| 7 | have the same rights, remedies, privileges, immunities,
powers | ||||||
| 8 | and duties, and be subject to the same conditions, | ||||||
| 9 | restrictions,
limitations, penalties, exclusions, exemptions | ||||||
| 10 | and definitions of terms,
and employ the same modes of | ||||||
| 11 | procedure, as are prescribed in Sections 1,
1a, 1a-1, 1c, 1d, | ||||||
| 12 | 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all
provisions | ||||||
| 13 | therein other than the State rate of tax), 2c, 3 (except as to
| ||||||
| 14 | the disposition of taxes and penalties collected), 4, 5, 5a, | ||||||
| 15 | 5b, 5c, 5d,
5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, | ||||||
| 16 | 9, 10, 11, 12 and
13 of the Retailers' Occupation Tax Act and | ||||||
| 17 | Section 3-7 of the
Uniform Penalty and Interest Act, as fully | ||||||
| 18 | as if those
provisions were set forth herein.
| ||||||
| 19 | Persons subject to any tax imposed under the authority | ||||||
| 20 | granted
in this Section may reimburse themselves for their | ||||||
| 21 | seller's tax
liability hereunder by separately stating the tax | ||||||
| 22 | as an additional
charge, which charge may be stated in | ||||||
| 23 | combination in a single amount
with State taxes that sellers | ||||||
| 24 | are required to collect under the Use
Tax Act, under any | ||||||
| 25 | bracket schedules the
Department may prescribe.
| ||||||
| 26 | Whenever the Department determines that a refund should be | ||||||
| |||||||
| |||||||
| 1 | made under
this Section to a claimant instead of issuing a | ||||||
| 2 | credit memorandum, the
Department shall notify the State | ||||||
| 3 | Comptroller, who shall cause the
warrant to be drawn for the | ||||||
| 4 | amount specified, and to the person named,
in the notification | ||||||
| 5 | from the Department. The refund shall be paid by
the State | ||||||
| 6 | Treasurer out of the Regional Transportation Authority tax
fund | ||||||
| 7 | established under paragraph (n) of this Section.
| ||||||
| 8 | If a tax is imposed under this subsection (e), a tax shall | ||||||
| 9 | also
be imposed under subsections (f) and (g) of this Section.
| ||||||
| 10 | For the purpose of determining whether a tax authorized | ||||||
| 11 | under this
Section is applicable, a retail sale by a producer | ||||||
| 12 | of coal or other
mineral mined in Illinois, is a sale at retail | ||||||
| 13 | at the place where the
coal or other mineral mined in Illinois | ||||||
| 14 | is extracted from the earth.
This paragraph does not apply to | ||||||
| 15 | coal or other mineral when it is
delivered or shipped by the | ||||||
| 16 | seller to the purchaser at a point outside
Illinois so that the | ||||||
| 17 | sale is exempt under the Federal Constitution as a
sale in | ||||||
| 18 | interstate or foreign commerce.
| ||||||
| 19 | No tax shall be imposed or collected under this subsection | ||||||
| 20 | on the sale of a motor vehicle in this State to a resident of | ||||||
| 21 | another state if that motor vehicle will not be titled in this | ||||||
| 22 | State.
| ||||||
| 23 | Nothing in this Section shall be construed to authorize the | ||||||
| 24 | Regional
Transportation Authority to impose a tax upon the | ||||||
| 25 | privilege of engaging
in any business that under the | ||||||
| 26 | Constitution of the United States may
not be made the subject | ||||||
| |||||||
| |||||||
| 1 | of taxation by this State.
| ||||||
| 2 | (f) If a tax has been imposed under paragraph (e), a
| ||||||
| 3 | Regional Transportation Authority Service Occupation
Tax shall
| ||||||
| 4 | also be imposed upon all persons engaged, in the metropolitan | ||||||
| 5 | region in
the business of making sales of service, who as an | ||||||
| 6 | incident to making the sales
of service, transfer tangible | ||||||
| 7 | personal property within the metropolitan region,
either in the | ||||||
| 8 | form of tangible personal property or in the form of real | ||||||
| 9 | estate
as an incident to a sale of service. In Cook County, the | ||||||
| 10 | tax rate
shall be: (1) 1.25%
of the serviceman's cost price of | ||||||
| 11 | food prepared for
immediate consumption and transferred | ||||||
| 12 | incident to a sale of service subject
to the service occupation | ||||||
| 13 | tax by an entity licensed under the Hospital
Licensing Act, the | ||||||
| 14 | Nursing Home Care Act, the Specialized Mental Health | ||||||
| 15 | Rehabilitation Act of 2013, or the ID/DD Community Care Act | ||||||
| 16 | that is located in the metropolitan
region; (2) 1.25%
of the | ||||||
| 17 | selling price of food for human consumption that is to
be | ||||||
| 18 | consumed off the premises where it is sold (other than | ||||||
| 19 | alcoholic
beverages, soft drinks and food that has been | ||||||
| 20 | prepared for immediate
consumption) and prescription and | ||||||
| 21 | nonprescription medicines, drugs, medical
appliances and | ||||||
| 22 | insulin, urine testing materials, syringes and needles used
by | ||||||
| 23 | diabetics; and (3) 1%
of the selling price from other taxable | ||||||
| 24 | sales of
tangible personal property transferred. In DuPage, | ||||||
| 25 | Kane, Lake,
McHenry and Will Counties the rate shall be 0.75%
| ||||||
| 26 | of the selling price
of all tangible personal property | ||||||
| |||||||
| |||||||
| 1 | transferred.
| ||||||
| 2 | The tax imposed under this paragraph and all civil
| ||||||
| 3 | penalties that may be assessed as an incident thereof shall be | ||||||
| 4 | collected
and enforced by the State Department of Revenue. The | ||||||
| 5 | Department shall
have full power to administer and enforce this | ||||||
| 6 | paragraph; to collect all
taxes and penalties due hereunder; to | ||||||
| 7 | dispose of taxes and penalties
collected in the manner | ||||||
| 8 | hereinafter provided; and to determine all
rights to credit | ||||||
| 9 | memoranda arising on account of the erroneous payment
of tax or | ||||||
| 10 | penalty hereunder. In the administration of and compliance
with | ||||||
| 11 | this paragraph, the Department and persons who are subject to | ||||||
| 12 | this
paragraph shall have the same rights, remedies, | ||||||
| 13 | privileges, immunities,
powers and duties, and be subject to | ||||||
| 14 | the same conditions, restrictions,
limitations, penalties, | ||||||
| 15 | exclusions, exemptions and definitions of terms,
and employ the | ||||||
| 16 | same modes of procedure, as are prescribed in Sections 1a-1, 2,
| ||||||
| 17 | 2a, 3 through 3-50 (in respect to all provisions therein other | ||||||
| 18 | than the
State rate of tax), 4 (except that the reference to | ||||||
| 19 | the State shall be to
the Authority), 5, 7, 8 (except that the | ||||||
| 20 | jurisdiction to which the tax
shall be a debt to the extent | ||||||
| 21 | indicated in that Section 8 shall be the
Authority), 9 (except | ||||||
| 22 | as to the disposition of taxes and penalties
collected, and | ||||||
| 23 | except that the returned merchandise credit for this tax may
| ||||||
| 24 | not be taken against any State tax), 10, 11, 12 (except the | ||||||
| 25 | reference
therein to Section 2b of the Retailers' Occupation | ||||||
| 26 | Tax Act), 13 (except
that any reference to the State shall mean | ||||||
| |||||||
| |||||||
| 1 | the Authority), the first
paragraph of Section 15, 16, 17, 18, | ||||||
| 2 | 19 and 20 of the Service
Occupation Tax Act and Section 3-7 of | ||||||
| 3 | the Uniform Penalty and Interest
Act, as fully as if those | ||||||
| 4 | provisions were set forth herein.
| ||||||
| 5 | Persons subject to any tax imposed under the authority | ||||||
| 6 | granted
in this paragraph may reimburse themselves for their | ||||||
| 7 | serviceman's tax
liability hereunder by separately stating the | ||||||
| 8 | tax as an additional
charge, that charge may be stated in | ||||||
| 9 | combination in a single amount
with State tax that servicemen | ||||||
| 10 | are authorized to collect under the
Service Use Tax Act, under | ||||||
| 11 | any bracket schedules the
Department may prescribe.
| ||||||
| 12 | Whenever the Department determines that a refund should be | ||||||
| 13 | made under
this paragraph to a claimant instead of issuing a | ||||||
| 14 | credit memorandum, the
Department shall notify the State | ||||||
| 15 | Comptroller, who shall cause the
warrant to be drawn for the | ||||||
| 16 | amount specified, and to the person named
in the notification | ||||||
| 17 | from the Department. The refund shall be paid by
the State | ||||||
| 18 | Treasurer out of the Regional Transportation Authority tax
fund | ||||||
| 19 | established under paragraph (n) of this Section.
| ||||||
| 20 | Nothing in this paragraph shall be construed to authorize | ||||||
| 21 | the
Authority to impose a tax upon the privilege of engaging in | ||||||
| 22 | any business
that under the Constitution of the United States | ||||||
| 23 | may not be made the
subject of taxation by the State.
| ||||||
| 24 | (g) If a tax has been imposed under paragraph (e), a tax | ||||||
| 25 | shall
also be imposed upon the privilege of using in the | ||||||
| 26 | metropolitan region,
any item of tangible personal property | ||||||
| |||||||
| |||||||
| 1 | that is purchased outside the
metropolitan region at retail | ||||||
| 2 | from a retailer, and that is titled or
registered with an | ||||||
| 3 | agency of this State's government. In Cook County the
tax rate | ||||||
| 4 | shall be 1%
of the selling price of the tangible personal | ||||||
| 5 | property,
as "selling price" is defined in the Use Tax Act. In | ||||||
| 6 | DuPage, Kane, Lake,
McHenry and Will counties the tax rate | ||||||
| 7 | shall be 0.75%
of the selling price of
the tangible personal | ||||||
| 8 | property, as "selling price" is defined in the
Use Tax Act. The | ||||||
| 9 | tax shall be collected from persons whose Illinois
address for | ||||||
| 10 | titling or registration purposes is given as being in the
| ||||||
| 11 | metropolitan region. The tax shall be collected by the | ||||||
| 12 | Department of
Revenue for the Regional Transportation | ||||||
| 13 | Authority. The tax must be paid
to the State, or an exemption | ||||||
| 14 | determination must be obtained from the
Department of Revenue, | ||||||
| 15 | before the title or certificate of registration for
the | ||||||
| 16 | property may be issued. The tax or proof of exemption may be
| ||||||
| 17 | transmitted to the Department by way of the State agency with | ||||||
| 18 | which, or the
State officer with whom, the tangible personal | ||||||
| 19 | property must be titled or
registered if the Department and the | ||||||
| 20 | State agency or State officer
determine that this procedure | ||||||
| 21 | will expedite the processing of applications
for title or | ||||||
| 22 | registration.
| ||||||
| 23 | The Department shall have full power to administer and | ||||||
| 24 | enforce this
paragraph; to collect all taxes, penalties and | ||||||
| 25 | interest due hereunder;
to dispose of taxes, penalties and | ||||||
| 26 | interest collected in the manner
hereinafter provided; and to | ||||||
| |||||||
| |||||||
| 1 | determine all rights to credit memoranda or
refunds arising on | ||||||
| 2 | account of the erroneous payment of tax, penalty or
interest | ||||||
| 3 | hereunder. In the administration of and compliance with this
| ||||||
| 4 | paragraph, the Department and persons who are subject to this | ||||||
| 5 | paragraph
shall have the same rights, remedies, privileges, | ||||||
| 6 | immunities, powers and
duties, and be subject to the same | ||||||
| 7 | conditions, restrictions,
limitations, penalties, exclusions, | ||||||
| 8 | exemptions and definitions of terms
and employ the same modes | ||||||
| 9 | of procedure, as are prescribed in Sections 2
(except the | ||||||
| 10 | definition of "retailer maintaining a place of business in this
| ||||||
| 11 | State"), 3 through 3-80 (except provisions pertaining to the | ||||||
| 12 | State rate
of tax, and except provisions concerning collection | ||||||
| 13 | or refunding of the tax
by retailers), 4, 11, 12, 12a, 14, 15, | ||||||
| 14 | 19 (except the portions pertaining
to claims by retailers and | ||||||
| 15 | except the last paragraph concerning refunds),
20, 21 and 22 of | ||||||
| 16 | the Use Tax Act, and are not inconsistent with this
paragraph, | ||||||
| 17 | as fully as if those provisions were set forth herein.
| ||||||
| 18 | Whenever the Department determines that a refund should be | ||||||
| 19 | made under
this paragraph to a claimant instead of issuing a | ||||||
| 20 | credit memorandum, the
Department shall notify the State | ||||||
| 21 | Comptroller, who shall cause the order
to be drawn for the | ||||||
| 22 | amount specified, and to the person named in the
notification | ||||||
| 23 | from the Department. The refund shall be paid by the State
| ||||||
| 24 | Treasurer out of the Regional Transportation Authority tax fund
| ||||||
| 25 | established under paragraph (n) of this Section.
| ||||||
| 26 | (h) The Authority may impose a replacement vehicle tax of | ||||||
| |||||||
| |||||||
| 1 | $50 on any
passenger car as defined in Section 1-157 of the | ||||||
| 2 | Illinois Vehicle Code
purchased within the metropolitan region | ||||||
| 3 | by or on behalf of an
insurance company to replace a passenger | ||||||
| 4 | car of
an insured person in settlement of a total loss claim. | ||||||
| 5 | The tax imposed
may not become effective before the first day | ||||||
| 6 | of the month following the
passage of the ordinance imposing | ||||||
| 7 | the tax and receipt of a certified copy
of the ordinance by the | ||||||
| 8 | Department of Revenue. The Department of Revenue
shall collect | ||||||
| 9 | the tax for the Authority in accordance with Sections 3-2002
| ||||||
| 10 | and 3-2003 of the Illinois Vehicle Code.
| ||||||
| 11 | The Department shall immediately pay over to the State | ||||||
| 12 | Treasurer,
ex officio, as trustee, all taxes collected | ||||||
| 13 | hereunder. | ||||||
| 14 | As soon as possible after the first day of each month, | ||||||
| 15 | beginning January 1, 2011, upon certification of the Department | ||||||
| 16 | of Revenue, the Comptroller shall order transferred, and the | ||||||
| 17 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
| 18 | local sales tax increment, as defined in the Innovation | ||||||
| 19 | Development and Economy Act, collected under this Section | ||||||
| 20 | during the second preceding calendar month for sales within a | ||||||
| 21 | STAR bond district. | ||||||
| 22 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
| 23 | on
or before the 25th day of each calendar month, the | ||||||
| 24 | Department shall
prepare and certify to the Comptroller the | ||||||
| 25 | disbursement of stated sums
of money to the Authority. The | ||||||
| 26 | amount to be paid to the Authority shall be
the amount | ||||||
| |||||||
| |||||||
| 1 | collected hereunder during the second preceding calendar month
| ||||||
| 2 | by the Department, less any amount determined by the Department | ||||||
| 3 | to be
necessary for the payment of refunds, and less any | ||||||
| 4 | amounts that are transferred to the STAR Bonds Revenue Fund. | ||||||
| 5 | Within 10 days after receipt by the
Comptroller of the | ||||||
| 6 | disbursement certification to the Authority provided
for in | ||||||
| 7 | this Section to be given to the Comptroller by the Department, | ||||||
| 8 | the
Comptroller shall cause the orders to be drawn for that | ||||||
| 9 | amount in
accordance with the directions contained in the | ||||||
| 10 | certification.
| ||||||
| 11 | (i) The Board may not impose any other taxes except as it | ||||||
| 12 | may from
time to time be authorized by law to impose.
| ||||||
| 13 | (j) A certificate of registration issued by the State | ||||||
| 14 | Department of
Revenue to a retailer under the Retailers' | ||||||
| 15 | Occupation Tax Act or under the
Service Occupation Tax Act | ||||||
| 16 | shall permit the registrant to engage in a
business that is | ||||||
| 17 | taxed under the tax imposed under paragraphs
(b), (e), (f) or | ||||||
| 18 | (g) of this Section and no additional registration
shall be | ||||||
| 19 | required under the tax. A certificate issued under the
Use Tax | ||||||
| 20 | Act or the Service Use Tax Act shall be applicable with regard | ||||||
| 21 | to
any tax imposed under paragraph (c) of this Section.
| ||||||
| 22 | (k) The provisions of any tax imposed under paragraph (c) | ||||||
| 23 | of
this Section shall conform as closely as may be practicable | ||||||
| 24 | to the
provisions of the Use Tax Act, including
without | ||||||
| 25 | limitation conformity as to penalties with respect to the tax
| ||||||
| 26 | imposed and as to the powers of the State Department of Revenue | ||||||
| |||||||
| |||||||
| 1 | to
promulgate and enforce rules and regulations relating to the
| ||||||
| 2 | administration and enforcement of the provisions of the tax | ||||||
| 3 | imposed.
The taxes shall be imposed only on use within the | ||||||
| 4 | metropolitan region
and at rates as provided in the paragraph.
| ||||||
| 5 | (l) The Board in imposing any tax as provided in paragraphs | ||||||
| 6 | (b)
and (c) of this Section, shall, after seeking the advice of | ||||||
| 7 | the State
Department of Revenue, provide means for retailers, | ||||||
| 8 | users or purchasers
of motor fuel for purposes other than those | ||||||
| 9 | with regard to which the
taxes may be imposed as provided in | ||||||
| 10 | those paragraphs to receive refunds
of taxes improperly paid, | ||||||
| 11 | which provisions may be at variance with the
refund provisions | ||||||
| 12 | as applicable under the Municipal Retailers
Occupation Tax Act. | ||||||
| 13 | The State Department of Revenue may provide for
certificates of | ||||||
| 14 | registration for users or purchasers of motor fuel for purposes
| ||||||
| 15 | other than those with regard to which taxes may be imposed as | ||||||
| 16 | provided in
paragraphs (b) and (c) of this Section to | ||||||
| 17 | facilitate the reporting and
nontaxability of the exempt sales | ||||||
| 18 | or uses.
| ||||||
| 19 | (m) Any ordinance imposing or discontinuing any tax under | ||||||
| 20 | this Section shall
be adopted and a certified copy thereof | ||||||
| 21 | filed with the Department on or before
June 1, whereupon the | ||||||
| 22 | Department of Revenue shall proceed to administer and
enforce | ||||||
| 23 | this Section on behalf of the Regional Transportation Authority | ||||||
| 24 | as of
September 1 next following such adoption and filing.
| ||||||
| 25 | Beginning January 1, 1992, an ordinance or resolution imposing | ||||||
| 26 | or
discontinuing the tax hereunder shall be adopted and a | ||||||
| |||||||
| |||||||
| 1 | certified copy
thereof filed with the Department on or before | ||||||
| 2 | the first day of July,
whereupon the Department shall proceed | ||||||
| 3 | to administer and enforce this
Section as of the first day of | ||||||
| 4 | October next following such adoption and
filing. Beginning | ||||||
| 5 | January 1, 1993, an ordinance or resolution imposing, | ||||||
| 6 | increasing, decreasing, or
discontinuing the tax hereunder | ||||||
| 7 | shall be adopted and a certified copy
thereof filed with the | ||||||
| 8 | Department,
whereupon the Department shall proceed to | ||||||
| 9 | administer and enforce this
Section as of the first day of the | ||||||
| 10 | first month to occur not less than 60 days
following such | ||||||
| 11 | adoption and filing. Any ordinance or resolution of the | ||||||
| 12 | Authority imposing a tax under this Section and in effect on | ||||||
| 13 | August 1, 2007 shall remain in full force and effect and shall | ||||||
| 14 | be administered by the Department of Revenue under the terms | ||||||
| 15 | and conditions and rates of tax established by such ordinance | ||||||
| 16 | or resolution until the Department begins administering and | ||||||
| 17 | enforcing an increased tax under this Section as authorized by | ||||||
| 18 | this amendatory Act of the 95th General Assembly. The tax rates | ||||||
| 19 | authorized by this amendatory Act of the 95th General Assembly | ||||||
| 20 | are effective only if imposed by ordinance of the Authority.
| ||||||
| 21 | (n) The State Department of Revenue shall, upon collecting | ||||||
| 22 | any taxes
as provided in this Section, pay the taxes over to | ||||||
| 23 | the State Treasurer
as trustee for the Authority. The taxes | ||||||
| 24 | shall be held in a trust fund
outside the State Treasury. On or | ||||||
| 25 | before the 25th day of each calendar
month, the State | ||||||
| 26 | Department of Revenue shall prepare and certify to the
| ||||||
| |||||||
| |||||||
| 1 | Comptroller of the State of Illinois and
to the Authority (i) | ||||||
| 2 | the
amount of taxes collected in each County other than Cook | ||||||
| 3 | County in the
metropolitan region, (ii)
the amount of taxes | ||||||
| 4 | collected within the City
of Chicago,
and (iii) the amount | ||||||
| 5 | collected in that portion
of Cook County outside of Chicago, | ||||||
| 6 | each amount less the amount necessary for the payment
of | ||||||
| 7 | refunds to taxpayers located in those areas described in items | ||||||
| 8 | (i), (ii), and (iii).
Within 10 days after receipt by the | ||||||
| 9 | Comptroller of the certification of
the amounts, the | ||||||
| 10 | Comptroller shall cause an
order to be drawn for the payment of | ||||||
| 11 | two-thirds of the amounts certified in item (i) of this | ||||||
| 12 | subsection to the Authority and one-third of the amounts | ||||||
| 13 | certified in item (i) of this subsection to the respective | ||||||
| 14 | counties other than Cook County and the amount certified in | ||||||
| 15 | items (ii) and (iii) of this subsection to the Authority.
| ||||||
| 16 | In addition to the disbursement required by the preceding | ||||||
| 17 | paragraph, an
allocation shall be made in July 1991 and each | ||||||
| 18 | year thereafter to the
Regional Transportation Authority. The | ||||||
| 19 | allocation shall be made in an
amount equal to the average | ||||||
| 20 | monthly distribution during the preceding
calendar year | ||||||
| 21 | (excluding the 2 months of lowest receipts) and the
allocation | ||||||
| 22 | shall include the amount of average monthly distribution from
| ||||||
| 23 | the Regional Transportation Authority Occupation and Use Tax | ||||||
| 24 | Replacement
Fund. The distribution made in July 1992 and each | ||||||
| 25 | year thereafter under
this paragraph and the preceding | ||||||
| 26 | paragraph shall be reduced by the amount
allocated and | ||||||
| |||||||
| |||||||
| 1 | disbursed under this paragraph in the preceding calendar
year. | ||||||
| 2 | The Department of Revenue shall prepare and certify to the
| ||||||
| 3 | Comptroller for disbursement the allocations made in | ||||||
| 4 | accordance with this
paragraph.
| ||||||
| 5 | (o) Failure to adopt a budget ordinance or otherwise to | ||||||
| 6 | comply with
Section 4.01 of this Act or to adopt a Five-year | ||||||
| 7 | Capital Program or otherwise to
comply with paragraph (b) of | ||||||
| 8 | Section 2.01 of this Act shall not affect
the validity of any | ||||||
| 9 | tax imposed by the Authority otherwise in conformity
with law.
| ||||||
| 10 | (p) At no time shall a public transportation tax or motor | ||||||
| 11 | vehicle
parking tax authorized under paragraphs (b), (c) and | ||||||
| 12 | (d) of this Section
be in effect at the same time as any | ||||||
| 13 | retailers' occupation, use or
service occupation tax | ||||||
| 14 | authorized under paragraphs (e), (f) and (g) of
this Section is | ||||||
| 15 | in effect.
| ||||||
| 16 | Any taxes imposed under the authority provided in | ||||||
| 17 | paragraphs (b), (c)
and (d) shall remain in effect only until | ||||||
| 18 | the time as any tax
authorized by paragraphs (e), (f) or (g) of | ||||||
| 19 | this Section are imposed and
becomes effective. Once any tax | ||||||
| 20 | authorized by paragraphs (e), (f) or (g)
is imposed the Board | ||||||
| 21 | may not reimpose taxes as authorized in paragraphs
(b), (c) and | ||||||
| 22 | (d) of the Section unless any tax authorized by
paragraphs (e), | ||||||
| 23 | (f) or (g) of this Section becomes ineffective by means
other | ||||||
| 24 | than an ordinance of the Board.
| ||||||
| 25 | (q) Any existing rights, remedies and obligations | ||||||
| 26 | (including
enforcement by the Regional Transportation | ||||||
| |||||||
| |||||||
| 1 | Authority) arising under any
tax imposed under paragraphs (b), | ||||||
| 2 | (c) or (d) of this Section shall not
be affected by the | ||||||
| 3 | imposition of a tax under paragraphs (e), (f) or (g)
of this | ||||||
| 4 | Section.
| ||||||
| 5 | (Source: P.A. 96-339, eff. 7-1-10; 96-939, eff. 6-24-10; 97-38, | ||||||
| 6 | eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 7 | Section 6-170. The Assisted Living and Shared Housing Act | ||||||
| 8 | is amended by changing Sections 10, 35, 55, and 145 as follows:
| ||||||
| 9 | (210 ILCS 9/10) | ||||||
| 10 | Sec. 10. Definitions. For purposes of this Act: | ||||||
| 11 | "Activities of daily living" means eating, dressing, | ||||||
| 12 | bathing, toileting,
transferring, or personal
hygiene. | ||||||
| 13 | "Assisted living establishment" or "establishment" means a | ||||||
| 14 | home, building,
residence, or any
other place where sleeping | ||||||
| 15 | accommodations are provided for at least 3
unrelated adults,
at | ||||||
| 16 | least 80% of whom are 55 years of age or older and where the | ||||||
| 17 | following are
provided
consistent with the purposes of this | ||||||
| 18 | Act: | ||||||
| 19 | (1) services consistent with a social model that is | ||||||
| 20 | based on the premise
that the
resident's unit in assisted | ||||||
| 21 | living and shared housing is his or her own home; | ||||||
| 22 | (2) community-based residential care for persons who | ||||||
| 23 | need assistance with
activities of
daily living, including | ||||||
| 24 | personal, supportive, and intermittent
health-related | ||||||
| |||||||
| |||||||
| 1 | services available 24 hours per day, if needed, to meet the
| ||||||
| 2 | scheduled
and
unscheduled needs of a resident; | ||||||
| 3 | (3) mandatory services, whether provided directly by | ||||||
| 4 | the establishment or
by another
entity arranged for by the | ||||||
| 5 | establishment, with the consent of the resident or
| ||||||
| 6 | resident's
representative; and | ||||||
| 7 | (4) a physical environment that is a homelike
setting | ||||||
| 8 | that
includes the following and such other elements as | ||||||
| 9 | established by the Department:
individual living units | ||||||
| 10 | each of which shall accommodate small kitchen
appliances
| ||||||
| 11 | and contain private bathing, washing, and toilet | ||||||
| 12 | facilities, or private washing
and
toilet facilities with a | ||||||
| 13 | common bathing room readily accessible to each
resident.
| ||||||
| 14 | Units shall be maintained for single occupancy except in | ||||||
| 15 | cases in which 2
residents
choose to share a unit. | ||||||
| 16 | Sufficient common space shall exist to permit
individual | ||||||
| 17 | and
group activities. | ||||||
| 18 | "Assisted living establishment" or "establishment" does | ||||||
| 19 | not mean any of the
following: | ||||||
| 20 | (1) A home, institution, or similar place operated by | ||||||
| 21 | the federal
government or the
State of Illinois. | ||||||
| 22 | (2) A long term care facility licensed under the | ||||||
| 23 | Nursing Home Care Act, a facility licensed under the | ||||||
| 24 | Specialized Mental Health Rehabilitation Act of 2013, or a | ||||||
| 25 | facility licensed under the ID/DD Community Care Act.
| ||||||
| 26 | However, a
facility licensed under either of those Acts may | ||||||
| |||||||
| |||||||
| 1 | convert distinct parts of the facility to assisted
living. | ||||||
| 2 | If
the facility elects to do so, the facility shall retain | ||||||
| 3 | the
Certificate of
Need for its nursing and sheltered care | ||||||
| 4 | beds that were converted. | ||||||
| 5 | (3) A hospital, sanitarium, or other institution, the | ||||||
| 6 | principal activity
or business of
which is the diagnosis, | ||||||
| 7 | care, and treatment of human illness and that is
required | ||||||
| 8 | to
be licensed under the Hospital Licensing Act. | ||||||
| 9 | (4) A facility for child care as defined in the Child | ||||||
| 10 | Care Act of 1969. | ||||||
| 11 | (5) A community living facility as defined in the | ||||||
| 12 | Community Living
Facilities
Licensing Act. | ||||||
| 13 | (6) A nursing home or sanitarium operated solely by and | ||||||
| 14 | for persons who
rely
exclusively upon treatment by | ||||||
| 15 | spiritual means through prayer in accordance with
the creed | ||||||
| 16 | or tenants of a well-recognized church or religious | ||||||
| 17 | denomination. | ||||||
| 18 | (7) A facility licensed by the Department of Human | ||||||
| 19 | Services as a
community-integrated living arrangement as | ||||||
| 20 | defined in the Community-Integrated
Living
Arrangements | ||||||
| 21 | Licensure and Certification Act. | ||||||
| 22 | (8) A supportive residence licensed under the | ||||||
| 23 | Supportive Residences
Licensing Act. | ||||||
| 24 | (9) The portion of a life care facility as defined in | ||||||
| 25 | the Life Care Facilities Act not licensed as an assisted | ||||||
| 26 | living establishment under this Act; a
life care facility | ||||||
| |||||||
| |||||||
| 1 | may
apply under this Act to convert sections of the | ||||||
| 2 | community to assisted living. | ||||||
| 3 | (10) A free-standing hospice facility licensed under | ||||||
| 4 | the Hospice Program
Licensing Act. | ||||||
| 5 | (11) A shared housing establishment. | ||||||
| 6 | (12) A supportive living facility as described in | ||||||
| 7 | Section 5-5.01a of the
Illinois Public Aid
Code. | ||||||
| 8 | "Department" means the Department of Public Health. | ||||||
| 9 | "Director" means the Director of Public Health. | ||||||
| 10 | "Emergency situation" means imminent danger of death or | ||||||
| 11 | serious physical
harm to a
resident of an establishment. | ||||||
| 12 | "License" means any of the following types of licenses | ||||||
| 13 | issued to an applicant
or licensee by the
Department: | ||||||
| 14 | (1) "Probationary license" means a license issued to an | ||||||
| 15 | applicant or
licensee
that has not
held a license under | ||||||
| 16 | this Act prior to its application or pursuant to a license
| ||||||
| 17 | transfer in accordance with Section 50 of this Act. | ||||||
| 18 | (2) "Regular license" means a license issued by the | ||||||
| 19 | Department to an
applicant or
licensee that is in
| ||||||
| 20 | substantial compliance with this Act and any rules | ||||||
| 21 | promulgated
under this Act. | ||||||
| 22 | "Licensee" means a person, agency, association, | ||||||
| 23 | corporation, partnership, or
organization that
has been issued | ||||||
| 24 | a license to operate an assisted living or shared housing
| ||||||
| 25 | establishment. | ||||||
| 26 | "Licensed health care professional" means a registered | ||||||
| |||||||
| |||||||
| 1 | professional nurse,
an advanced practice nurse, a physician | ||||||
| 2 | assistant, and a licensed practical
nurse. | ||||||
| 3 | "Mandatory services" include the following: | ||||||
| 4 | (1) 3 meals per day available to the residents prepared | ||||||
| 5 | by the
establishment or an
outside contractor; | ||||||
| 6 | (2) housekeeping services including, but not limited | ||||||
| 7 | to, vacuuming,
dusting, and
cleaning the resident's unit; | ||||||
| 8 | (3) personal laundry and linen services available to | ||||||
| 9 | the residents
provided
or arranged
for by the | ||||||
| 10 | establishment; | ||||||
| 11 | (4) security provided 24 hours each day including, but | ||||||
| 12 | not limited to,
locked entrances
or building or contract | ||||||
| 13 | security personnel; | ||||||
| 14 | (5) an emergency communication response system, which | ||||||
| 15 | is a procedure in
place 24
hours each day by which a | ||||||
| 16 | resident can notify building management, an emergency
| ||||||
| 17 | response vendor, or others able to respond to his or her | ||||||
| 18 | need for assistance;
and | ||||||
| 19 | (6) assistance with activities of daily living as | ||||||
| 20 | required by each
resident. | ||||||
| 21 | "Negotiated risk" is the process by which a resident, or | ||||||
| 22 | his or her
representative,
may formally
negotiate with | ||||||
| 23 | providers what risks each are willing and unwilling to assume | ||||||
| 24 | in
service provision
and the resident's living environment. The | ||||||
| 25 | provider assures that the resident
and the
resident's | ||||||
| 26 | representative, if any, are informed of the risks of these | ||||||
| |||||||
| |||||||
| 1 | decisions
and of
the potential
consequences of assuming these | ||||||
| 2 | risks. | ||||||
| 3 | "Owner" means the individual, partnership, corporation, | ||||||
| 4 | association, or other
person who owns
an assisted living or | ||||||
| 5 | shared housing establishment. In the event an assisted
living | ||||||
| 6 | or shared
housing establishment is operated by a person who | ||||||
| 7 | leases or manages the
physical plant, which is
owned by another | ||||||
| 8 | person, "owner" means the person who operates the assisted
| ||||||
| 9 | living or shared
housing establishment, except that if the | ||||||
| 10 | person who owns the physical plant is
an affiliate of the
| ||||||
| 11 | person who operates the assisted living or shared housing | ||||||
| 12 | establishment and has
significant
control over the day to day | ||||||
| 13 | operations of the assisted living or shared housing
| ||||||
| 14 | establishment, the
person who owns the physical plant shall | ||||||
| 15 | incur jointly and severally with the
owner all liabilities
| ||||||
| 16 | imposed on an owner under this Act. | ||||||
| 17 | "Physician" means a person licensed
under the Medical | ||||||
| 18 | Practice Act of 1987
to practice medicine in all of its
| ||||||
| 19 | branches. | ||||||
| 20 | "Resident" means a person residing in an assisted living or | ||||||
| 21 | shared housing
establishment. | ||||||
| 22 | "Resident's representative" means a person, other than the | ||||||
| 23 | owner, agent, or
employee of an
establishment or of the health | ||||||
| 24 | care provider unless related to the resident,
designated in | ||||||
| 25 | writing by a
resident to be his or her
representative. This | ||||||
| 26 | designation may be accomplished through the Illinois
Power of | ||||||
| |||||||
| |||||||
| 1 | Attorney Act, pursuant to the guardianship process under the | ||||||
| 2 | Probate
Act of 1975, or pursuant to an executed designation of | ||||||
| 3 | representative form
specified by the Department. | ||||||
| 4 | "Self" means the individual or the individual's designated | ||||||
| 5 | representative. | ||||||
| 6 | "Shared housing establishment" or "establishment" means a | ||||||
| 7 | publicly or
privately operated free-standing
residence for 16 | ||||||
| 8 | or fewer persons, at least 80% of whom are 55
years of age or | ||||||
| 9 | older
and who are unrelated to the owners and one manager of | ||||||
| 10 | the residence, where
the following are provided: | ||||||
| 11 | (1) services consistent with a social model that is | ||||||
| 12 | based on the premise
that the resident's unit is his or her | ||||||
| 13 | own home; | ||||||
| 14 | (2) community-based residential care for persons who | ||||||
| 15 | need assistance with
activities of daily living, including | ||||||
| 16 | housing and personal, supportive, and
intermittent | ||||||
| 17 | health-related services available 24 hours per day, if | ||||||
| 18 | needed, to
meet the scheduled and unscheduled needs of a | ||||||
| 19 | resident; and | ||||||
| 20 | (3) mandatory services, whether provided directly by | ||||||
| 21 | the establishment or
by another entity arranged for by the | ||||||
| 22 | establishment, with the consent of the
resident or the | ||||||
| 23 | resident's representative. | ||||||
| 24 | "Shared housing establishment" or "establishment" does not | ||||||
| 25 | mean any of the
following: | ||||||
| 26 | (1) A home, institution, or similar place operated by | ||||||
| |||||||
| |||||||
| 1 | the federal
government or the State of Illinois. | ||||||
| 2 | (2) A long term care facility licensed under the | ||||||
| 3 | Nursing Home Care Act, a facility licensed under the | ||||||
| 4 | Specialized Mental Health Rehabilitation Act of 2013, or a | ||||||
| 5 | facility licensed under the ID/DD Community Care Act.
A | ||||||
| 6 | facility licensed under either of those Acts may, however, | ||||||
| 7 | convert sections of the facility to
assisted living. If the | ||||||
| 8 | facility elects to do so, the facility
shall retain the | ||||||
| 9 | Certificate of Need for its nursing beds that were
| ||||||
| 10 | converted. | ||||||
| 11 | (3) A hospital, sanitarium, or other institution, the | ||||||
| 12 | principal activity
or business of which is the diagnosis, | ||||||
| 13 | care, and treatment of human illness and
that is required | ||||||
| 14 | to be licensed under the Hospital Licensing Act. | ||||||
| 15 | (4) A facility for child care as defined in the Child | ||||||
| 16 | Care Act of 1969. | ||||||
| 17 | (5) A community living facility as defined in the | ||||||
| 18 | Community Living
Facilities Licensing Act. | ||||||
| 19 | (6) A nursing home or sanitarium operated solely by and | ||||||
| 20 | for persons who
rely exclusively upon treatment by | ||||||
| 21 | spiritual means through prayer in accordance
with the creed | ||||||
| 22 | or tenants of a well-recognized church or religious
| ||||||
| 23 | denomination. | ||||||
| 24 | (7) A facility licensed by the Department of Human | ||||||
| 25 | Services as a
community-integrated
living arrangement as | ||||||
| 26 | defined in the Community-Integrated
Living Arrangements | ||||||
| |||||||
| |||||||
| 1 | Licensure and Certification Act. | ||||||
| 2 | (8) A supportive residence licensed under the | ||||||
| 3 | Supportive Residences
Licensing Act. | ||||||
| 4 | (9) A life care facility as defined in the Life Care | ||||||
| 5 | Facilities Act; a
life care facility may apply under this | ||||||
| 6 | Act to convert sections of the
community to assisted | ||||||
| 7 | living. | ||||||
| 8 | (10) A free-standing hospice facility licensed under | ||||||
| 9 | the Hospice Program
Licensing Act. | ||||||
| 10 | (11) An assisted living establishment. | ||||||
| 11 | (12) A supportive living facility as described in | ||||||
| 12 | Section 5-5.01a of the
Illinois Public Aid Code. | ||||||
| 13 | "Total assistance" means that staff or another individual | ||||||
| 14 | performs the entire
activity of daily
living without | ||||||
| 15 | participation by the resident. | ||||||
| 16 | (Source: P.A. 96-339, eff. 7-1-10; 96-975, eff. 7-2-10; 97-38, | ||||||
| 17 | eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 18 | (210 ILCS 9/35)
| ||||||
| 19 | Sec. 35. Issuance of license.
| ||||||
| 20 | (a) Upon receipt and review of an application for a license | ||||||
| 21 | and review of
the applicant establishment, the Director may | ||||||
| 22 | issue a license if he or she
finds:
| ||||||
| 23 | (1) that the individual applicant, or the corporation, | ||||||
| 24 | partnership, or
other entity if the applicant is not an | ||||||
| 25 | individual, is a person responsible and
suitable to operate | ||||||
| |||||||
| |||||||
| 1 | or to direct or participate in the operation of an
| ||||||
| 2 | establishment by virtue of financial capacity, appropriate | ||||||
| 3 | business or
professional experience, a record of lawful | ||||||
| 4 | compliance with lawful orders of
the Department
and lack of | ||||||
| 5 | revocation of a license issued under this Act, the Nursing | ||||||
| 6 | Home
Care Act, the Specialized Mental Health | ||||||
| 7 | Rehabilitation Act of 2013, or the ID/DD Community Care Act
| ||||||
| 8 | during the previous 5 years;
| ||||||
| 9 | (2) that the establishment is under the supervision of | ||||||
| 10 | a full-time
director who is at least 21 years of age and | ||||||
| 11 | has a high school diploma or equivalent plus either: | ||||||
| 12 | (A) 2 years of management experience or 2 years of | ||||||
| 13 | experience in positions of progressive responsibility | ||||||
| 14 | in health care, housing with services, or adult day | ||||||
| 15 | care or providing similar services to the elderly; or | ||||||
| 16 | (B) 2 years of management experience or 2 years of | ||||||
| 17 | experience in positions of progressive responsibility | ||||||
| 18 | in hospitality and training in health care and housing | ||||||
| 19 | with services management as defined by rule;
| ||||||
| 20 | (3) that the establishment has staff sufficient in | ||||||
| 21 | number with
qualifications, adequate skills, education, | ||||||
| 22 | and experience to meet the 24 hour
scheduled and | ||||||
| 23 | unscheduled needs of residents and who participate in | ||||||
| 24 | ongoing
training to serve the resident population;
| ||||||
| 25 | (4) that all employees who are subject to the Health | ||||||
| 26 | Care Worker Background Check Act meet the requirements of | ||||||
| |||||||
| |||||||
| 1 | that Act;
| ||||||
| 2 | (5) that the applicant is in substantial compliance | ||||||
| 3 | with this Act and such
other requirements for a
license as | ||||||
| 4 | the Department by rule may establish under this Act;
| ||||||
| 5 | (6) that the applicant pays all required fees;
| ||||||
| 6 | (7) that the applicant has provided to the Department | ||||||
| 7 | an accurate
disclosure document in
accordance with the | ||||||
| 8 | Alzheimer's Disease and Related Dementias Special Care | ||||||
| 9 | Disclosure Act and in
substantial compliance with Section | ||||||
| 10 | 150 of this Act.
| ||||||
| 11 | In addition to any other requirements set forth in this | ||||||
| 12 | Act, as a condition of licensure under this Act, the director | ||||||
| 13 | of an establishment must participate in at least 20 hours of | ||||||
| 14 | training every 2 years to assist him or her in better meeting | ||||||
| 15 | the needs of the residents of the establishment and managing
| ||||||
| 16 | the operation of the establishment.
| ||||||
| 17 | Any license issued by the Director shall state the physical | ||||||
| 18 | location of the
establishment, the date the license was issued, | ||||||
| 19 | and the expiration date. All
licenses shall be valid for one | ||||||
| 20 | year, except as provided in Sections 40 and 45. Each
license | ||||||
| 21 | shall be issued only for the premises and persons named in the
| ||||||
| 22 | application, and shall not be transferable or assignable.
| ||||||
| 23 | (Source: P.A. 96-339, eff. 7-1-10; 96-990, eff. 7-2-10; 97-38, | ||||||
| 24 | eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 25 | (210 ILCS 9/55)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 55. Grounds for denial of a license.
An application | ||||||
| 2 | for a license may be denied for any of the following reasons:
| ||||||
| 3 | (1) failure to meet any of the standards set forth in | ||||||
| 4 | this Act or by rules
adopted by the Department under this | ||||||
| 5 | Act;
| ||||||
| 6 | (2) conviction of the applicant, or if the applicant is | ||||||
| 7 | a firm,
partnership,
or association, of any of
its members, | ||||||
| 8 | or if a corporation, the conviction of the corporation or | ||||||
| 9 | any of
its officers or
stockholders, or of the person | ||||||
| 10 | designated to manage or supervise the
establishment, of a
| ||||||
| 11 | felony or of 2 or more misdemeanors involving moral | ||||||
| 12 | turpitude during the
previous 5
years as shown by a | ||||||
| 13 | certified copy of the record of the court of conviction;
| ||||||
| 14 | (3) personnel insufficient in number or unqualified by | ||||||
| 15 | training or
experience to properly care for
the residents;
| ||||||
| 16 | (4) insufficient financial or other resources to | ||||||
| 17 | operate and conduct the
establishment in
accordance with | ||||||
| 18 | standards adopted by the Department under this Act;
| ||||||
| 19 | (5) revocation of a license during the previous 5
| ||||||
| 20 | years,
if such prior license
was issued to the individual | ||||||
| 21 | applicant, a controlling owner or controlling
combination | ||||||
| 22 | of
owners of the applicant; or any affiliate of the | ||||||
| 23 | individual applicant or
controlling owner of
the applicant | ||||||
| 24 | and such individual applicant, controlling owner of the | ||||||
| 25 | applicant
or affiliate of
the applicant was a controlling | ||||||
| 26 | owner of the prior license; provided, however,
that the | ||||||
| |||||||
| |||||||
| 1 | denial
of an application for a license pursuant to this | ||||||
| 2 | Section must be supported
by evidence that
the prior | ||||||
| 3 | revocation renders the applicant unqualified or incapable | ||||||
| 4 | of meeting
or
maintaining an establishment in accordance | ||||||
| 5 | with the standards and rules
adopted by the
Department | ||||||
| 6 | under this Act; or
| ||||||
| 7 | (6) the establishment is not under the direct | ||||||
| 8 | supervision of a full-time
director, as defined by
rule.
| ||||||
| 9 | The Department shall deny an application for a license if 6 | ||||||
| 10 | months after submitting its initial application the applicant | ||||||
| 11 | has not provided the Department with all of the information | ||||||
| 12 | required for review and approval or the applicant is not | ||||||
| 13 | actively pursuing the processing of its application. In | ||||||
| 14 | addition, the Department shall determine whether the applicant | ||||||
| 15 | has violated any provision of the Nursing Home Care Act, the | ||||||
| 16 | Specialized Mental Health Rehabilitation Act of 2013, or the | ||||||
| 17 | ID/DD Community Care Act.
| ||||||
| 18 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 19 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 20 | (210 ILCS 9/145)
| ||||||
| 21 | Sec. 145. Conversion of facilities. Entities licensed as
| ||||||
| 22 | facilities
under the Nursing Home Care Act, the Specialized | ||||||
| 23 | Mental Health Rehabilitation Act of 2013, or the ID/DD | ||||||
| 24 | Community Care Act may elect to convert
to a license under this | ||||||
| 25 | Act. Any facility that
chooses to convert, in whole or in part, | ||||||
| |||||||
| |||||||
| 1 | shall follow the requirements in the
Nursing Home Care Act, the | ||||||
| 2 | Specialized Mental Health Rehabilitation Act of 2013, or the | ||||||
| 3 | ID/DD Community Care Act, as applicable, and rules promulgated | ||||||
| 4 | under those Acts regarding voluntary
closure and notice to | ||||||
| 5 | residents. Any conversion of existing beds licensed
under the | ||||||
| 6 | Nursing Home Care Act, the Specialized Mental Health | ||||||
| 7 | Rehabilitation Act of 2013, or the ID/DD Community Care Act to | ||||||
| 8 | licensure under this Act is exempt from
review by the Health | ||||||
| 9 | Facilities and Services Review Board.
| ||||||
| 10 | (Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; | ||||||
| 11 | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; | ||||||
| 12 | 97-813, eff. 7-13-12.)
| ||||||
| 13 | Section 6-175. The Abuse Prevention Review Team Act is | ||||||
| 14 | amended by changing Sections 10 and 50 as follows:
| ||||||
| 15 | (210 ILCS 28/10)
| ||||||
| 16 | Sec. 10. Definitions. As used in this Act, unless the | ||||||
| 17 | context requires
otherwise:
| ||||||
| 18 | "Department" means the Department of Public Health.
| ||||||
| 19 | "Director" means the Director of Public Health.
| ||||||
| 20 | "Executive Council" means the Illinois Residential Health | ||||||
| 21 | Care Facility
Resident Sexual
Assault and Death Review Teams | ||||||
| 22 | Executive Council.
| ||||||
| 23 | "Resident" means a person residing in and receiving | ||||||
| 24 | personal care from a
facility licensed under the Nursing Home | ||||||
| |||||||
| |||||||
| 1 | Care Act, the Specialized Mental Health Rehabilitation Act of | ||||||
| 2 | 2013, or the ID/DD Community Care Act.
| ||||||
| 3 | "Review team" means a residential health care facility | ||||||
| 4 | resident sexual
assault and death review
team appointed under | ||||||
| 5 | this Act.
| ||||||
| 6 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 7 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 8 | (210 ILCS 28/50) | ||||||
| 9 | Sec. 50. Funding. Notwithstanding any other provision of | ||||||
| 10 | law, to the extent permitted by federal law, the Department | ||||||
| 11 | shall use moneys from fines paid by facilities licensed under | ||||||
| 12 | the Nursing Home Care Act, the Specialized Mental Health | ||||||
| 13 | Rehabilitation Act of 2013, or the ID/DD Community Care Act for | ||||||
| 14 | violating requirements for certification under Titles XVIII | ||||||
| 15 | and XIX of the Social Security Act to implement the provisions | ||||||
| 16 | of this Act. The Department shall use moneys deposited in the | ||||||
| 17 | Long Term Care Monitor/Receiver Fund to pay the costs of | ||||||
| 18 | implementing this Act that cannot be met by the use of federal | ||||||
| 19 | civil monetary penalties.
| ||||||
| 20 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 21 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 22 | Section 6-180. The Abused and Neglected Long Term Care | ||||||
| 23 | Facility Residents Reporting
Act is amended by changing | ||||||
| 24 | Sections 3, 4, and 6 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (210 ILCS 30/3) (from Ch. 111 1/2, par. 4163)
| ||||||
| 2 | Sec. 3. As used in this Act unless the context otherwise | ||||||
| 3 | requires:
| ||||||
| 4 | a. "Department" means the Department of Public Health of | ||||||
| 5 | the State of
Illinois.
| ||||||
| 6 | b. "Resident" means a person residing in and receiving | ||||||
| 7 | personal care from
a long term care facility, or residing in a | ||||||
| 8 | mental health facility or
developmental disability facility as | ||||||
| 9 | defined in the Mental Health and
Developmental Disabilities | ||||||
| 10 | Code.
| ||||||
| 11 | c. "Long term care facility" has the same meaning ascribed | ||||||
| 12 | to such term
in the Nursing Home Care Act, except that the term | ||||||
| 13 | as
used in this Act shall include any mental health facility or
| ||||||
| 14 | developmental disability facility as defined in the Mental | ||||||
| 15 | Health and
Developmental Disabilities Code. The term also | ||||||
| 16 | includes any facility licensed under the ID/DD Community Care | ||||||
| 17 | Act or the Specialized Mental Health Rehabilitation Act of | ||||||
| 18 | 2013.
| ||||||
| 19 | d. "Abuse" means any physical injury, sexual abuse or | ||||||
| 20 | mental injury
inflicted on a resident other than by accidental | ||||||
| 21 | means.
| ||||||
| 22 | e. "Neglect" means a failure in a long term care facility | ||||||
| 23 | to provide
adequate medical or personal care or maintenance, | ||||||
| 24 | which failure results in
physical or mental injury to a | ||||||
| 25 | resident or in the deterioration of a
resident's physical or | ||||||
| |||||||
| |||||||
| 1 | mental condition.
| ||||||
| 2 | f. "Protective services" means services provided to a | ||||||
| 3 | resident who has
been abused or neglected, which may include, | ||||||
| 4 | but are not limited to alternative
temporary institutional | ||||||
| 5 | placement, nursing care, counseling, other social
services | ||||||
| 6 | provided at the nursing home where the resident resides or at | ||||||
| 7 | some
other facility, personal care and such protective services | ||||||
| 8 | of voluntary
agencies as are available.
| ||||||
| 9 | g. Unless the context otherwise requires, direct or | ||||||
| 10 | indirect references in
this Act to the programs, personnel, | ||||||
| 11 | facilities, services, service providers,
or service recipients | ||||||
| 12 | of the Department of Human Services shall be construed to
refer | ||||||
| 13 | only to those programs, personnel, facilities, services, | ||||||
| 14 | service
providers, or service recipients that pertain to the | ||||||
| 15 | Department of Human
Services' mental health and developmental | ||||||
| 16 | disabilities functions.
| ||||||
| 17 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 18 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 19 | (210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)
| ||||||
| 20 | Sec. 4. Any long term care facility administrator, agent or | ||||||
| 21 | employee
or any physician, hospital, surgeon, dentist, | ||||||
| 22 | osteopath, chiropractor,
podiatrist, accredited religious | ||||||
| 23 | practitioner who provides treatment by spiritual means alone | ||||||
| 24 | through prayer in accordance with the tenets and practices of | ||||||
| 25 | the accrediting church, coroner, social worker, social
| ||||||
| |||||||
| |||||||
| 1 | services administrator, registered nurse, law enforcement | ||||||
| 2 | officer, field
personnel of the Department of Healthcare and | ||||||
| 3 | Family Services, field personnel of the
Illinois Department of | ||||||
| 4 | Public Health and County or Municipal Health
Departments, | ||||||
| 5 | personnel of the Department of Human Services (acting as the
| ||||||
| 6 | successor to the Department of Mental Health and Developmental | ||||||
| 7 | Disabilities
or the Department of Public Aid),
personnel of the | ||||||
| 8 | Guardianship and Advocacy Commission, personnel of the
State | ||||||
| 9 | Fire Marshal, local fire department inspectors or other | ||||||
| 10 | personnel,
or personnel of the Illinois
Department on Aging, or | ||||||
| 11 | its subsidiary Agencies on Aging, or employee of a
facility | ||||||
| 12 | licensed under the Assisted Living and Shared Housing
Act, | ||||||
| 13 | having reasonable
cause to believe any
resident with whom they | ||||||
| 14 | have direct contact has been subjected to abuse
or neglect | ||||||
| 15 | shall immediately report or cause a report
to be made
to the | ||||||
| 16 | Department.
Persons required to make reports or cause reports | ||||||
| 17 | to
be made under this Section include all employees of the | ||||||
| 18 | State of Illinois
who are involved in providing services to | ||||||
| 19 | residents, including
professionals providing medical or | ||||||
| 20 | rehabilitation services and all other
persons having direct | ||||||
| 21 | contact with residents; and further include all
employees of | ||||||
| 22 | community service agencies who provide services to a resident
| ||||||
| 23 | of a public or private long term care facility outside of that | ||||||
| 24 | facility.
Any long term care surveyor of the Illinois | ||||||
| 25 | Department of Public Health
who has reasonable cause to believe | ||||||
| 26 | in the course of a survey that a
resident has been abused or | ||||||
| |||||||
| |||||||
| 1 | neglected and initiates an investigation while
on site at the | ||||||
| 2 | facility shall be exempt from making a report under this
| ||||||
| 3 | Section but the results of any such investigation shall be | ||||||
| 4 | forwarded to
the central register in a manner and form | ||||||
| 5 | described by the Department.
| ||||||
| 6 | The requirement of this Act shall not relieve any long term | ||||||
| 7 | care
facility administrator, agent or employee of | ||||||
| 8 | responsibility to report the
abuse or neglect of a resident | ||||||
| 9 | under Section 3-610 of the Nursing Home
Care Act or under | ||||||
| 10 | Section 3-610 of the ID/DD Community Care Act or under Section | ||||||
| 11 | 2-107 3-610 of the Specialized Mental Health Rehabilitation Act | ||||||
| 12 | of 2013.
| ||||||
| 13 | In addition to the above persons required to report | ||||||
| 14 | suspected resident
abuse and neglect, any other person may make | ||||||
| 15 | a report to the Department,
or to any law enforcement officer, | ||||||
| 16 | if such person has reasonable cause to
suspect a resident has | ||||||
| 17 | been abused or neglected.
| ||||||
| 18 | This Section also applies to residents whose death occurs | ||||||
| 19 | from suspected
abuse or neglect before being found or brought | ||||||
| 20 | to a hospital.
| ||||||
| 21 | A person required to make reports or cause reports to be | ||||||
| 22 | made under
this Section who fails to comply with the | ||||||
| 23 | requirements of this Section is
guilty of a Class A | ||||||
| 24 | misdemeanor.
| ||||||
| 25 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 26 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| |||||||
| |||||||
| 1 | (210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)
| ||||||
| 2 | Sec. 6. All reports of suspected abuse or neglect made | ||||||
| 3 | under this Act
shall be made immediately by telephone to the | ||||||
| 4 | Department's central register
established under Section 14 on | ||||||
| 5 | the single, State-wide, toll-free telephone
number established | ||||||
| 6 | under Section 13, or in person or by telephone through
the | ||||||
| 7 | nearest Department office. No long term care facility | ||||||
| 8 | administrator,
agent or employee, or any other person, shall | ||||||
| 9 | screen reports or otherwise
withhold any reports from the | ||||||
| 10 | Department, and no long term care facility,
department of State | ||||||
| 11 | government, or other agency shall establish any rules,
| ||||||
| 12 | criteria, standards or guidelines to the contrary. Every long | ||||||
| 13 | term care
facility, department of State government and other | ||||||
| 14 | agency whose employees
are required to make or cause to be made | ||||||
| 15 | reports under Section 4 shall
notify its employees of the | ||||||
| 16 | provisions of that Section and of this Section,
and provide to | ||||||
| 17 | the Department documentation that such notification has been
| ||||||
| 18 | given. The Department of Human Services shall train all of its | ||||||
| 19 | mental health and developmental
disabilities employees in the | ||||||
| 20 | detection and reporting of suspected
abuse and neglect of | ||||||
| 21 | residents. Reports made to the central register
through the | ||||||
| 22 | State-wide, toll-free telephone number shall be transmitted to
| ||||||
| 23 | appropriate Department offices and municipal health | ||||||
| 24 | departments that have
responsibility for licensing long term | ||||||
| 25 | care facilities under the Nursing
Home Care Act, the | ||||||
| |||||||
| |||||||
| 1 | Specialized Mental Health Rehabilitation Act of 2013, or the | ||||||
| 2 | ID/DD Community Care Act. All reports received through offices | ||||||
| 3 | of the Department
shall be forwarded to the central register, | ||||||
| 4 | in a manner and form described
by the Department. The | ||||||
| 5 | Department shall be capable of receiving reports of
suspected | ||||||
| 6 | abuse and neglect 24 hours a day, 7 days a week. Reports shall
| ||||||
| 7 | also be made in writing deposited in the U.S. mail, postage | ||||||
| 8 | prepaid, within
24 hours after having reasonable cause to | ||||||
| 9 | believe that the condition of the
resident resulted from abuse | ||||||
| 10 | or neglect. Such reports may in addition be
made to the local | ||||||
| 11 | law enforcement agency in the same manner. However, in
the | ||||||
| 12 | event a report is made to the local law enforcement agency, the
| ||||||
| 13 | reporter also shall immediately so inform the Department. The | ||||||
| 14 | Department
shall initiate an investigation of each report of | ||||||
| 15 | resident abuse and
neglect under this Act, whether oral or | ||||||
| 16 | written, as provided for in Section 3-702 of the Nursing Home | ||||||
| 17 | Care Act, Section 2-208 3-702 of the Specialized Mental Health | ||||||
| 18 | Rehabilitation Act of 2013, or Section 3-702 of the ID/DD | ||||||
| 19 | Community Care Act, except that reports of abuse which
indicate | ||||||
| 20 | that a resident's life or safety is in imminent danger shall be
| ||||||
| 21 | investigated within 24 hours of such report. The Department may | ||||||
| 22 | delegate to
law enforcement officials or other public agencies | ||||||
| 23 | the duty to perform such
investigation.
| ||||||
| 24 | With respect to investigations of reports of suspected | ||||||
| 25 | abuse or neglect
of residents of mental health and | ||||||
| 26 | developmental disabilities institutions
under the jurisdiction | ||||||
| |||||||
| |||||||
| 1 | of the Department of
Human Services, the
Department shall | ||||||
| 2 | transmit
copies of such reports to the Department of State | ||||||
| 3 | Police, the Department of
Human Services, and the
Inspector | ||||||
| 4 | General
appointed under Section 1-17 of the Department of Human | ||||||
| 5 | Services Act. If the Department receives a report
of suspected | ||||||
| 6 | abuse or neglect of a recipient of services as defined in | ||||||
| 7 | Section
1-123 of the Mental Health and Developmental | ||||||
| 8 | Disabilities Code, the
Department shall transmit copies of such | ||||||
| 9 | report to the Inspector General
and the Directors of the | ||||||
| 10 | Guardianship and Advocacy Commission and the
agency designated | ||||||
| 11 | by the Governor pursuant to the Protection and Advocacy
for | ||||||
| 12 | Developmentally Disabled Persons Act. When requested by the | ||||||
| 13 | Director
of the Guardianship and Advocacy Commission, the | ||||||
| 14 | agency designated by the
Governor pursuant to the Protection | ||||||
| 15 | and Advocacy for Developmentally
Disabled Persons Act, or the | ||||||
| 16 | Department of Financial and Professional Regulation, the | ||||||
| 17 | Department, the Department of Human Services and the Department | ||||||
| 18 | of State Police shall make
available a copy of the final | ||||||
| 19 | investigative report regarding investigations
conducted by | ||||||
| 20 | their respective agencies on incidents of suspected abuse or
| ||||||
| 21 | neglect of residents of mental health and developmental | ||||||
| 22 | disabilities
institutions or individuals receiving services at | ||||||
| 23 | community agencies under the jurisdiction of the Department of | ||||||
| 24 | Human Services. Such final investigative
report shall not | ||||||
| 25 | contain witness statements, investigation notes, draft
| ||||||
| 26 | summaries, results of lie detector tests, investigative files | ||||||
| |||||||
| |||||||
| 1 | or other raw data
which was used to compile the final | ||||||
| 2 | investigative report. Specifically, the
final investigative | ||||||
| 3 | report of the Department of State Police shall mean the
| ||||||
| 4 | Director's final transmittal letter. The Department of Human | ||||||
| 5 | Services shall also make available a
copy of the results of | ||||||
| 6 | disciplinary proceedings of employees involved in
incidents of | ||||||
| 7 | abuse or neglect to the Directors. All identifiable
information | ||||||
| 8 | in reports provided shall not be further disclosed except as
| ||||||
| 9 | provided by the Mental Health and Developmental Disabilities
| ||||||
| 10 | Confidentiality Act. Nothing in this Section is intended to | ||||||
| 11 | limit or
construe the power or authority granted to the agency | ||||||
| 12 | designated by the
Governor pursuant to the Protection and | ||||||
| 13 | Advocacy for Developmentally
Disabled Persons Act, pursuant to | ||||||
| 14 | any other State or federal statute.
| ||||||
| 15 | With respect to investigations of reported resident abuse | ||||||
| 16 | or neglect, the
Department shall effect with appropriate law | ||||||
| 17 | enforcement agencies formal
agreements concerning methods and | ||||||
| 18 | procedures for the conduct of investigations
into the criminal | ||||||
| 19 | histories of any administrator, staff assistant or employee
of | ||||||
| 20 | the nursing home or other person responsible for the residents | ||||||
| 21 | care,
as well as for other residents in the nursing home who | ||||||
| 22 | may be in a position
to abuse, neglect or exploit the patient. | ||||||
| 23 | Pursuant to the formal agreements
entered into with appropriate | ||||||
| 24 | law enforcement agencies, the Department may
request | ||||||
| 25 | information with respect to whether the person or persons set | ||||||
| 26 | forth
in this paragraph have ever been charged with a crime and | ||||||
| |||||||
| |||||||
| 1 | if so, the
disposition of those charges. Unless the criminal | ||||||
| 2 | histories of the
subjects involved crimes of violence or | ||||||
| 3 | resident abuse or neglect, the
Department shall be entitled | ||||||
| 4 | only to information limited in scope to
charges and their | ||||||
| 5 | dispositions. In cases where prior crimes of violence or
| ||||||
| 6 | resident abuse or neglect are involved, a more detailed report | ||||||
| 7 | can be made
available to authorized representatives of the | ||||||
| 8 | Department, pursuant to the
agreements entered into with | ||||||
| 9 | appropriate law enforcement agencies. Any
criminal charges and | ||||||
| 10 | their disposition information obtained by the
Department shall | ||||||
| 11 | be confidential and may not be transmitted outside the
| ||||||
| 12 | Department, except as required herein, to authorized | ||||||
| 13 | representatives or
delegates of the Department, and may not be | ||||||
| 14 | transmitted to anyone within
the Department who is not duly | ||||||
| 15 | authorized to handle resident abuse or
neglect investigations.
| ||||||
| 16 | The Department shall effect formal agreements with | ||||||
| 17 | appropriate law
enforcement agencies in the various counties | ||||||
| 18 | and communities to encourage
cooperation and coordination in | ||||||
| 19 | the handling of resident abuse or neglect
cases pursuant to | ||||||
| 20 | this Act. The Department shall adopt and implement
methods and | ||||||
| 21 | procedures to promote statewide uniformity in the handling of
| ||||||
| 22 | reports of abuse and neglect under this Act, and those methods | ||||||
| 23 | and
procedures shall be adhered to by personnel of the | ||||||
| 24 | Department involved in
such investigations and reporting. The | ||||||
| 25 | Department shall also make
information required by this Act | ||||||
| 26 | available to authorized personnel within
the Department, as | ||||||
| |||||||
| |||||||
| 1 | well as its authorized representatives.
| ||||||
| 2 | The Department shall keep a continuing record of all | ||||||
| 3 | reports made
pursuant to this Act, including indications of the | ||||||
| 4 | final determination of
any investigation and the final | ||||||
| 5 | disposition of all reports.
| ||||||
| 6 | The Department shall report annually to the General | ||||||
| 7 | Assembly on the
incidence of abuse and neglect of long term | ||||||
| 8 | care facility residents, with
special attention to residents | ||||||
| 9 | who are mentally disabled. The report shall
include but not be | ||||||
| 10 | limited to data on the number and source of reports of
| ||||||
| 11 | suspected abuse or neglect filed under this Act, the nature of | ||||||
| 12 | any injuries
to residents, the final determination of | ||||||
| 13 | investigations, the type and
number of cases where abuse or | ||||||
| 14 | neglect is determined to exist, and the
final disposition of | ||||||
| 15 | cases.
| ||||||
| 16 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 17 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 18 | Section 6-185. The Nursing Home Care Act is amended by | ||||||
| 19 | changing Sections 1-113, 2-204, 3-202.05, and 3-202.5 as | ||||||
| 20 | follows:
| ||||||
| 21 | (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
| ||||||
| 22 | Sec. 1-113. "Facility" or "long-term care facility" means a | ||||||
| 23 | private home,
institution, building, residence, or any other | ||||||
| 24 | place, whether operated for
profit or not, or a county home for | ||||||
| |||||||
| |||||||
| 1 | the infirm and chronically ill operated
pursuant to Division | ||||||
| 2 | 5-21 or 5-22 of the Counties Code, or any similar
institution | ||||||
| 3 | operated by a political subdivision of the State of Illinois, | ||||||
| 4 | which
provides, through its ownership or management, personal | ||||||
| 5 | care, sheltered care or
nursing for 3 or more persons, not | ||||||
| 6 | related to the applicant or owner by blood
or marriage. It | ||||||
| 7 | includes skilled nursing facilities and intermediate care
| ||||||
| 8 | facilities as those terms are defined in Title XVIII and Title | ||||||
| 9 | XIX of the
Federal Social Security Act.
It also includes homes, | ||||||
| 10 | institutions, or
other places operated by or under the | ||||||
| 11 | authority of the Illinois Department of
Veterans' Affairs.
| ||||||
| 12 | "Facility" does not include the following:
| ||||||
| 13 | (1) A home, institution, or other place operated by the | ||||||
| 14 | federal government
or agency thereof, or by the State of | ||||||
| 15 | Illinois, other than homes,
institutions, or other places | ||||||
| 16 | operated by or under the authority of the
Illinois | ||||||
| 17 | Department of Veterans' Affairs;
| ||||||
| 18 | (2) A hospital, sanitarium, or other institution whose | ||||||
| 19 | principal activity
or business is the diagnosis, care, and | ||||||
| 20 | treatment of human illness through
the maintenance and | ||||||
| 21 | operation as organized facilities therefor, which is
| ||||||
| 22 | required to be licensed under the Hospital Licensing Act;
| ||||||
| 23 | (3) Any "facility for child care" as defined in the | ||||||
| 24 | Child Care Act of
1969;
| ||||||
| 25 | (4) Any "Community Living Facility" as defined in the | ||||||
| 26 | Community Living
Facilities Licensing Act;
| ||||||
| |||||||
| |||||||
| 1 | (5) Any "community residential alternative" as defined
| ||||||
| 2 | in the Community Residential Alternatives Licensing Act;
| ||||||
| 3 | (6) Any nursing home or sanatorium operated solely by | ||||||
| 4 | and for persons
who rely exclusively upon treatment by | ||||||
| 5 | spiritual means through prayer, in
accordance with the | ||||||
| 6 | creed or tenets of any well-recognized church or
religious | ||||||
| 7 | denomination. However, such nursing home or sanatorium | ||||||
| 8 | shall
comply with all local laws and rules relating to | ||||||
| 9 | sanitation and safety;
| ||||||
| 10 | (7) Any facility licensed by the Department of Human | ||||||
| 11 | Services as a
community-integrated living arrangement as
| ||||||
| 12 | defined in the Community-Integrated Living Arrangements | ||||||
| 13 | Licensure and
Certification Act;
| ||||||
| 14 | (8) Any "Supportive Residence" licensed under the | ||||||
| 15 | Supportive
Residences Licensing Act;
| ||||||
| 16 | (9) Any "supportive living facility" in good standing | ||||||
| 17 | with the program established under Section 5-5.01a of the | ||||||
| 18 | Illinois Public Aid Code, except only for purposes of the | ||||||
| 19 | employment of persons in accordance with Section 3-206.01;
| ||||||
| 20 | (10) Any assisted living or shared housing | ||||||
| 21 | establishment licensed under
the Assisted Living and | ||||||
| 22 | Shared Housing Act, except only for purposes of the | ||||||
| 23 | employment of persons in accordance with Section 3-206.01;
| ||||||
| 24 | (11) An Alzheimer's disease management center | ||||||
| 25 | alternative health care
model licensed under the | ||||||
| 26 | Alternative Health Care Delivery Act;
| ||||||
| |||||||
| |||||||
| 1 | (12) A facility licensed under the ID/DD Community Care | ||||||
| 2 | Act; or | ||||||
| 3 | (13) A facility licensed under the Specialized Mental | ||||||
| 4 | Health Rehabilitation Act of 2013. | ||||||
| 5 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 6 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 7 | (210 ILCS 45/2-204) (from Ch. 111 1/2, par. 4152-204)
| ||||||
| 8 | Sec. 2-204. The Director shall appoint a Long-Term Care | ||||||
| 9 | Facility Advisory
Board to consult with the Department and the | ||||||
| 10 | residents' advisory councils
created under Section 2-203.
| ||||||
| 11 | (a) The Board shall be comprised of the following persons:
| ||||||
| 12 | (1) The Director who shall serve as chairman, ex | ||||||
| 13 | officio and nonvoting;
and
| ||||||
| 14 | (2) One representative each of the Department of | ||||||
| 15 | Healthcare and Family Services, the
Department of Human | ||||||
| 16 | Services, the Department on
Aging, and the Office of the | ||||||
| 17 | State Fire Marshal, all nonvoting members;
| ||||||
| 18 | (3) One member who shall be a physician licensed to | ||||||
| 19 | practice medicine
in all its branches;
| ||||||
| 20 | (4) One member who shall be a registered nurse selected | ||||||
| 21 | from the
recommendations of professional nursing | ||||||
| 22 | associations;
| ||||||
| 23 | (5) Four members who shall be selected from the | ||||||
| 24 | recommendations by
organizations whose membership consists | ||||||
| 25 | of facilities;
| ||||||
| |||||||
| |||||||
| 1 | (6) Two members who shall represent the general public | ||||||
| 2 | who are not members
of a residents' advisory council | ||||||
| 3 | established under Section 2-203 and who
have no | ||||||
| 4 | responsibility for management or formation of policy or | ||||||
| 5 | financial
interest in a facility;
| ||||||
| 6 | (7) One member who is a member of a residents' advisory | ||||||
| 7 | council
established under Section 2-203 and is capable of | ||||||
| 8 | actively participating on the
Board; and
| ||||||
| 9 | (8) One member who shall be selected from the | ||||||
| 10 | recommendations of
consumer organizations which engage | ||||||
| 11 | solely in advocacy or legal
representation on behalf of | ||||||
| 12 | residents and their immediate families.
| ||||||
| 13 | (b) The terms of those members of the Board appointed prior | ||||||
| 14 | to the
effective date of this amendatory Act of 1988 shall | ||||||
| 15 | expire on December 31,
1988. Members of the Board created by | ||||||
| 16 | this amendatory Act of 1988 shall be
appointed to serve for | ||||||
| 17 | terms as follows: 3 for 2 years, 3 for 3 years
and 3 for 4 | ||||||
| 18 | years. The member of the Board added by this amendatory Act
of | ||||||
| 19 | 1989 shall be appointed to serve for a term of 4 years. Each | ||||||
| 20 | successor
member shall be appointed for a term of 4 years. Any | ||||||
| 21 | member appointed to fill
a vacancy occurring prior to the | ||||||
| 22 | expiration of the term for which his
predecessor was appointed | ||||||
| 23 | shall be appointed for the remainder of such term.
The Board | ||||||
| 24 | shall meet as frequently as the chairman deems necessary, but | ||||||
| 25 | not
less than 4 times each year. Upon request by 4 or more | ||||||
| 26 | members the chairman
shall call a meeting of the Board. The | ||||||
| |||||||
| |||||||
| 1 | affirmative vote of 6 members of the
Board shall be necessary | ||||||
| 2 | for Board action. A member of the Board can designate
a | ||||||
| 3 | replacement to serve at the Board meeting and vote in place of | ||||||
| 4 | the member by
submitting a letter of designation to the | ||||||
| 5 | chairman prior to or at the
Board meeting. The Board members | ||||||
| 6 | shall be reimbursed for their actual
expenses incurred in the | ||||||
| 7 | performance of their duties.
| ||||||
| 8 | (c) The Advisory Board shall advise the Department of | ||||||
| 9 | Public Health on
all aspects of its responsibilities under this | ||||||
| 10 | Act and the Specialized Mental Health Rehabilitation | ||||||
| 11 | Facilities Act of 2013, including the format
and content of any | ||||||
| 12 | rules promulgated by the Department of Public Health.
Any such | ||||||
| 13 | rules, except emergency rules promulgated pursuant to Section | ||||||
| 14 | 5-45 of
the Illinois Administrative Procedure Act, promulgated | ||||||
| 15 | without
obtaining the advice of the Advisory Board are null and | ||||||
| 16 | void. In the event
that the Department fails to follow the | ||||||
| 17 | advice of the Board, the Department
shall, prior to the | ||||||
| 18 | promulgation of such rules, transmit a written explanation
of | ||||||
| 19 | the reason thereof to the Board. During its review of rules, | ||||||
| 20 | the Board
shall analyze the economic and regulatory impact of | ||||||
| 21 | those rules. If the
Advisory Board, having been asked for its | ||||||
| 22 | advice, fails to advise the
Department within 90 days, the | ||||||
| 23 | rules shall be considered acted upon.
| ||||||
| 24 | (Source: P.A. 97-38, eff. 6-28-11; revised 8-3-12.)
| ||||||
| 25 | (210 ILCS 45/3-202.05) | ||||||
| |||||||
| |||||||
| 1 | Sec. 3-202.05. Staffing ratios effective July 1, 2010 and | ||||||
| 2 | thereafter. | ||||||
| 3 | (a) For the purpose of computing staff to resident ratios, | ||||||
| 4 | direct care staff shall include: | ||||||
| 5 | (1) registered nurses; | ||||||
| 6 | (2) licensed practical nurses; | ||||||
| 7 | (3) certified nurse assistants; | ||||||
| 8 | (4) psychiatric services rehabilitation aides; | ||||||
| 9 | (5) rehabilitation and therapy aides; | ||||||
| 10 | (6) psychiatric services rehabilitation coordinators; | ||||||
| 11 | (7) assistant directors of nursing; | ||||||
| 12 | (8) 50% of the Director of Nurses' time; and | ||||||
| 13 | (9) 30% of the Social Services Directors' time. | ||||||
| 14 | The Department shall, by rule, allow certain facilities | ||||||
| 15 | subject to 77 Ill. Admin. Code 300.4000 and following (Subpart | ||||||
| 16 | S) to utilize specialized clinical staff, as defined in rules, | ||||||
| 17 | to count towards the staffing ratios. | ||||||
| 18 | Within 120 days of the effective date of this amendatory | ||||||
| 19 | Act of the 97th General Assembly, the Department shall | ||||||
| 20 | promulgate rules specific to the staffing requirements for | ||||||
| 21 | facilities federally defined as Institutions for Mental | ||||||
| 22 | Disease. These rules shall recognize the unique nature of | ||||||
| 23 | individuals with chronic mental health conditions, shall | ||||||
| 24 | include minimum requirements for specialized clinical staff, | ||||||
| 25 | including clinical social workers, psychiatrists, | ||||||
| 26 | psychologists, and direct care staff set forth in paragraphs | ||||||
| |||||||
| |||||||
| 1 | (4) through (6) and any other specialized staff which may be | ||||||
| 2 | utilized and deemed necessary to count toward staffing ratios. | ||||||
| 3 | Within 120 days of the effective date of this amendatory | ||||||
| 4 | Act of the 97th General Assembly, the Department shall | ||||||
| 5 | promulgate rules specific to the staffing requirements for | ||||||
| 6 | facilities licensed under the Specialized Mental Health | ||||||
| 7 | Rehabilitation Act of 2013. These rules shall recognize the | ||||||
| 8 | unique nature of individuals with chronic mental health | ||||||
| 9 | conditions, shall include minimum requirements for specialized | ||||||
| 10 | clinical staff, including clinical social workers, | ||||||
| 11 | psychiatrists, psychologists, and direct care staff set forth | ||||||
| 12 | in paragraphs (4) through (6) and any other specialized staff | ||||||
| 13 | which may be utilized and deemed necessary to count toward | ||||||
| 14 | staffing ratios. | ||||||
| 15 | (b) Beginning January 1, 2011, and thereafter, light | ||||||
| 16 | intermediate care shall be staffed at the same staffing ratio | ||||||
| 17 | as intermediate care. | ||||||
| 18 | (c) Facilities shall notify the Department within 60 days | ||||||
| 19 | after the effective date of this amendatory Act of the 96th | ||||||
| 20 | General Assembly, in a form and manner prescribed by the | ||||||
| 21 | Department, of the staffing ratios in effect on the effective | ||||||
| 22 | date of this amendatory Act of the 96th General Assembly for | ||||||
| 23 | both intermediate and skilled care and the number of residents | ||||||
| 24 | receiving each level of care. | ||||||
| 25 | (d)(1) Effective July 1, 2010, for each resident needing | ||||||
| 26 | skilled care, a minimum staffing ratio of 2.5 hours of nursing | ||||||
| |||||||
| |||||||
| 1 | and personal care each day must be provided; for each resident | ||||||
| 2 | needing intermediate care, 1.7 hours of nursing and personal | ||||||
| 3 | care each day must be provided. | ||||||
| 4 | (2) Effective January 1, 2011, the minimum staffing ratios | ||||||
| 5 | shall be increased to 2.7 hours of nursing and personal care | ||||||
| 6 | each day for a resident needing skilled care and 1.9 hours of | ||||||
| 7 | nursing and personal care each day for a resident needing | ||||||
| 8 | intermediate care. | ||||||
| 9 | (3) Effective January 1, 2012, the minimum staffing ratios | ||||||
| 10 | shall be increased to 3.0 hours of nursing and personal care | ||||||
| 11 | each day for a resident needing skilled care and 2.1 hours of | ||||||
| 12 | nursing and personal care each day for a resident needing | ||||||
| 13 | intermediate care. | ||||||
| 14 | (4) Effective January 1, 2013, the minimum staffing ratios | ||||||
| 15 | shall be increased to 3.4 hours of nursing and personal care | ||||||
| 16 | each day for a resident needing skilled care and 2.3 hours of | ||||||
| 17 | nursing and personal care each day for a resident needing | ||||||
| 18 | intermediate care. | ||||||
| 19 | (5) Effective January 1, 2014, the minimum staffing ratios | ||||||
| 20 | shall be increased to 3.8 hours of nursing and personal care | ||||||
| 21 | each day for a resident needing skilled care and 2.5 hours of | ||||||
| 22 | nursing and personal care each day for a resident needing | ||||||
| 23 | intermediate care.
| ||||||
| 24 | (e) Ninety days after the effective date of this amendatory | ||||||
| 25 | Act of the 97th General Assembly, a minimum of 25% of nursing | ||||||
| 26 | and personal care time shall be provided by licensed nurses, | ||||||
| |||||||
| |||||||
| 1 | with at least 10% of nursing and personal care time provided by | ||||||
| 2 | registered nurses. These minimum requirements shall remain in | ||||||
| 3 | effect until an acuity based registered nurse requirement is | ||||||
| 4 | promulgated by rule concurrent with the adoption of the | ||||||
| 5 | Resource Utilization Group classification-based payment | ||||||
| 6 | methodology, as provided in Section 5-5.2 of the Illinois | ||||||
| 7 | Public Aid Code. Registered nurses and licensed practical | ||||||
| 8 | nurses employed by a facility in excess of these requirements | ||||||
| 9 | may be used to satisfy the remaining 75% of the nursing and | ||||||
| 10 | personal care time requirements. Notwithstanding this | ||||||
| 11 | subsection, no staffing requirement in statute in effect on the | ||||||
| 12 | effective date of this amendatory Act of the 97th General | ||||||
| 13 | Assembly shall be reduced on account of this subsection. | ||||||
| 14 | (Source: P.A. 96-1372, eff. 7-29-10; 96-1504, eff. 1-27-11; | ||||||
| 15 | 97-689, eff. 6-14-12.)
| ||||||
| 16 | (210 ILCS 45/3-202.5)
| ||||||
| 17 | Sec. 3-202.5. Facility plan review; fees.
| ||||||
| 18 | (a) Before commencing construction of a new facility or | ||||||
| 19 | specified types of
alteration or additions to an existing long | ||||||
| 20 | term care facility involving
major construction, as defined by | ||||||
| 21 | rule by the Department, with an
estimated cost greater than | ||||||
| 22 | $100,000, architectural
drawings and specifications for the | ||||||
| 23 | facility shall be submitted to the
Department for review and | ||||||
| 24 | approval.
A facility may submit architectural drawings and | ||||||
| 25 | specifications for other
construction projects for Department | ||||||
| |||||||
| |||||||
| 1 | review according to subsection (b) that
shall not be subject to | ||||||
| 2 | fees under subsection (d).
Review of drawings and | ||||||
| 3 | specifications shall be conducted by an employee of the
| ||||||
| 4 | Department meeting the qualifications established by the | ||||||
| 5 | Department of Central
Management Services class specifications | ||||||
| 6 | for such an individual's position or
by a person contracting | ||||||
| 7 | with the Department who meets those class
specifications. Final | ||||||
| 8 | approval of the drawings and specifications for
compliance with | ||||||
| 9 | design and construction standards shall be obtained from the
| ||||||
| 10 | Department before the alteration, addition, or new | ||||||
| 11 | construction is begun.
| ||||||
| 12 | (b) The Department shall inform an applicant in writing | ||||||
| 13 | within 10 working
days after receiving drawings and | ||||||
| 14 | specifications and the required fee, if any,
from the applicant | ||||||
| 15 | whether the applicant's submission is complete or
incomplete. | ||||||
| 16 | Failure to provide the applicant with this notice within 10
| ||||||
| 17 | working days shall result in the submission being deemed | ||||||
| 18 | complete for purposes
of initiating the 60-day review period | ||||||
| 19 | under this Section. If the submission
is incomplete, the | ||||||
| 20 | Department shall inform the applicant of the deficiencies
with | ||||||
| 21 | the submission in writing. If the submission is complete the | ||||||
| 22 | required
fee, if any, has been paid,
the Department shall | ||||||
| 23 | approve or disapprove drawings and specifications
submitted to | ||||||
| 24 | the Department no later than 60 days following receipt by the
| ||||||
| 25 | Department. The drawings and specifications shall be of | ||||||
| 26 | sufficient detail, as
provided by Department rule, to
enable | ||||||
| |||||||
| |||||||
| 1 | the Department to
render a determination of compliance with | ||||||
| 2 | design and construction standards
under this Act.
If the | ||||||
| 3 | Department finds that the drawings are not of sufficient detail | ||||||
| 4 | for it
to render a determination of compliance, the plans shall | ||||||
| 5 | be determined to be
incomplete and shall not be considered for | ||||||
| 6 | purposes of initiating the 60 day
review period.
If a | ||||||
| 7 | submission of drawings and specifications is incomplete, the | ||||||
| 8 | applicant
may submit additional information. The 60-day review | ||||||
| 9 | period shall not commence
until the Department determines that | ||||||
| 10 | a submission of drawings and
specifications is complete or the | ||||||
| 11 | submission is deemed complete.
If the Department has not | ||||||
| 12 | approved or disapproved the
drawings and specifications within | ||||||
| 13 | 60 days, the construction, major alteration,
or addition shall | ||||||
| 14 | be deemed approved. If the drawings and specifications are
| ||||||
| 15 | disapproved, the Department shall state in writing, with | ||||||
| 16 | specificity, the
reasons for the disapproval. The entity | ||||||
| 17 | submitting the drawings and
specifications may submit | ||||||
| 18 | additional information in response to the written
comments from | ||||||
| 19 | the Department or request a reconsideration of the disapproval.
| ||||||
| 20 | A final decision of approval or disapproval shall be made | ||||||
| 21 | within 45 days of the
receipt of the additional information or | ||||||
| 22 | reconsideration request. If denied,
the Department shall state | ||||||
| 23 | the specific reasons for the denial.
| ||||||
| 24 | (c) The Department shall provide written approval for | ||||||
| 25 | occupancy pursuant
to subsection (g) and shall not issue a | ||||||
| 26 | violation to a facility as a result
of
a licensure or complaint | ||||||
| |||||||
| |||||||
| 1 | survey based upon the facility's physical structure
if:
| ||||||
| 2 | (1) the Department reviewed and approved or deemed | ||||||
| 3 | approved the drawings
and specifications
for compliance | ||||||
| 4 | with design and construction standards;
| ||||||
| 5 | (2) the construction, major alteration, or addition | ||||||
| 6 | was built as
submitted;
| ||||||
| 7 | (3) the law or rules have not been amended since the | ||||||
| 8 | original approval;
and
| ||||||
| 9 | (4) the conditions at the facility indicate that there | ||||||
| 10 | is a reasonable
degree of safety provided for the | ||||||
| 11 | residents.
| ||||||
| 12 | (d) The Department shall charge the following fees in | ||||||
| 13 | connection with its
reviews conducted before June 30, 2004 | ||||||
| 14 | under this Section:
| ||||||
| 15 | (1) (Blank).
| ||||||
| 16 | (2) (Blank).
| ||||||
| 17 | (3) If the estimated dollar value of the alteration, | ||||||
| 18 | addition, or new
construction is $100,000 or more but less | ||||||
| 19 | than $500,000, the fee shall be the
greater of $2,400 or | ||||||
| 20 | 1.2% of that value.
| ||||||
| 21 | (4) If the estimated dollar value of the alteration, | ||||||
| 22 | addition, or new
construction is $500,000 or more but less | ||||||
| 23 | than $1,000,000, the fee shall be the
greater of $6,000 or | ||||||
| 24 | 0.96% of that value.
| ||||||
| 25 | (5) If the estimated dollar value of the alteration, | ||||||
| 26 | addition, or new
construction is $1,000,000 or more but | ||||||
| |||||||
| |||||||
| 1 | less than $5,000,000, the fee shall be
the greater of | ||||||
| 2 | $9,600 or 0.22% of that value.
| ||||||
| 3 | (6) If the estimated dollar value of the alteration, | ||||||
| 4 | addition, or new
construction is $5,000,000 or more, the | ||||||
| 5 | fee shall be
the greater of $11,000 or 0.11% of that value, | ||||||
| 6 | but shall not exceed $40,000.
| ||||||
| 7 | The fees provided in this subsection (d) shall not apply to | ||||||
| 8 | major
construction projects involving facility changes that | ||||||
| 9 | are required by
Department rule amendments.
| ||||||
| 10 | The fees provided in this subsection (d) shall also not | ||||||
| 11 | apply to major
construction projects if 51% or more of the | ||||||
| 12 | estimated cost of the project is
attributed to capital | ||||||
| 13 | equipment. For major construction projects where 51% or
more of | ||||||
| 14 | the estimated cost of the project is attributed to capital | ||||||
| 15 | equipment,
the Department shall by rule establish a fee that is | ||||||
| 16 | reasonably related to the
cost of reviewing the project.
| ||||||
| 17 | The Department shall not commence the facility plan review | ||||||
| 18 | process under this
Section until
the applicable fee has been | ||||||
| 19 | paid.
| ||||||
| 20 | (e) All fees received by the Department under this Section | ||||||
| 21 | shall be
deposited into the Health Facility Plan Review Fund, a | ||||||
| 22 | special fund created in
the State Treasury.
All fees paid by | ||||||
| 23 | long-term care facilities under subsection (d) shall be used
| ||||||
| 24 | only to cover the costs relating to the Department's review of | ||||||
| 25 | long-term care
facility projects under this Section.
Moneys | ||||||
| 26 | shall be appropriated from that Fund to the
Department only to | ||||||
| |||||||
| |||||||
| 1 | pay the costs of conducting reviews under this Section or under | ||||||
| 2 | Section 3-202.5 of the ID/DD Community Care Act or under | ||||||
| 3 | Section 3-202.5 of the Specialized Mental Health | ||||||
| 4 | Rehabilitation Act.
None of the moneys in the Health Facility | ||||||
| 5 | Plan Review Fund shall be used to
reduce the amount of General | ||||||
| 6 | Revenue Fund moneys appropriated to the Department
for facility | ||||||
| 7 | plan reviews conducted pursuant to this Section.
| ||||||
| 8 | (f)(1) The provisions of this amendatory Act of 1997 | ||||||
| 9 | concerning drawings
and specifications shall apply only to | ||||||
| 10 | drawings and specifications submitted to
the Department on or | ||||||
| 11 | after October 1, 1997.
| ||||||
| 12 | (2) On and after the effective date of this amendatory Act | ||||||
| 13 | of 1997 and
before October 1, 1997, an applicant may submit or | ||||||
| 14 | resubmit drawings and
specifications to the Department and pay | ||||||
| 15 | the fees provided in subsection (d).
If an applicant pays the | ||||||
| 16 | fees provided in subsection (d) under this paragraph
(2), the | ||||||
| 17 | provisions of subsection (b) shall apply with regard to those | ||||||
| 18 | drawings
and specifications.
| ||||||
| 19 | (g) The Department shall conduct an on-site inspection of | ||||||
| 20 | the completed
project no later than 30 days after notification | ||||||
| 21 | from the applicant that the
project has been completed and all | ||||||
| 22 | certifications required by the Department
have been received | ||||||
| 23 | and accepted by the Department. The Department shall
provide | ||||||
| 24 | written approval for occupancy to the applicant within 5 | ||||||
| 25 | working days
of the Department's final inspection, provided the | ||||||
| 26 | applicant has demonstrated
substantial compliance as defined | ||||||
| |||||||
| |||||||
| 1 | by Department rule.
Occupancy of new major construction is
| ||||||
| 2 | prohibited until Department approval is received, unless the | ||||||
| 3 | Department has
not acted within the time frames provided in | ||||||
| 4 | this subsection (g), in which case
the construction shall be | ||||||
| 5 | deemed approved. Occupancy shall be authorized after any | ||||||
| 6 | required health inspection by the Department has been
| ||||||
| 7 | conducted.
| ||||||
| 8 | (h) The Department shall establish, by rule, a procedure to | ||||||
| 9 | conduct interim
on-site review of large or complex construction | ||||||
| 10 | projects.
| ||||||
| 11 | (i) The Department shall establish, by rule, an expedited | ||||||
| 12 | process for
emergency repairs or replacement of like equipment.
| ||||||
| 13 | (j) Nothing in this Section shall be construed to apply to | ||||||
| 14 | maintenance,
upkeep, or renovation that does not affect the | ||||||
| 15 | structural integrity of the
building, does not add beds or | ||||||
| 16 | services over the number for which the
long-term care facility | ||||||
| 17 | is licensed, and provides a reasonable degree of safety
for the | ||||||
| 18 | residents.
| ||||||
| 19 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 20 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 21 | (210 ILCS 48/Act rep.) | ||||||
| 22 | Section 6-187. The Specialized Mental Health | ||||||
| 23 | Rehabilitation Act is repealed.
| ||||||
| 24 | Section 6-190. The Home Health, Home Services, and Home | ||||||
| |||||||
| |||||||
| 1 | Nursing Agency Licensing Act is amended by changing Section | ||||||
| 2 | 2.08 as follows:
| ||||||
| 3 | (210 ILCS 55/2.08)
| ||||||
| 4 | Sec. 2.08. "Home services agency" means an agency that | ||||||
| 5 | provides services directly, or acts as a placement agency, for | ||||||
| 6 | the purpose of placing individuals as workers providing home | ||||||
| 7 | services for consumers in their personal residences. "Home | ||||||
| 8 | services agency" does not include agencies licensed under the | ||||||
| 9 | Nurse Agency Licensing Act, the Hospital Licensing Act, the | ||||||
| 10 | Nursing Home Care Act, the ID/DD Community Care Act, the | ||||||
| 11 | Specialized Mental Health Rehabilitation Act of 2013, or the | ||||||
| 12 | Assisted Living and Shared Housing Act and does not include an | ||||||
| 13 | agency that limits its business exclusively to providing | ||||||
| 14 | housecleaning services. Programs providing services | ||||||
| 15 | exclusively through the Community Care Program of the Illinois | ||||||
| 16 | Department on Aging, the Department of Human Services Office of | ||||||
| 17 | Rehabilitation Services, or the United States Department of | ||||||
| 18 | Veterans Affairs are not considered to be a home services | ||||||
| 19 | agency under this Act.
| ||||||
| 20 | (Source: P.A. 96-339, eff. 7-1-10; 96-577, eff. 8-18-09; | ||||||
| 21 | 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; | ||||||
| 22 | 97-813, eff. 7-13-12.)
| ||||||
| 23 | Section 6-195. The Hospice Program Licensing Act is amended | ||||||
| 24 | by changing Sections 3 and 4 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (210 ILCS 60/3) (from Ch. 111 1/2, par. 6103)
| ||||||
| 2 | Sec. 3. Definitions. As used in this Act, unless the | ||||||
| 3 | context otherwise
requires:
| ||||||
| 4 | (a) "Bereavement" means the period of time during which the | ||||||
| 5 | hospice
patient's family experiences and adjusts to the death | ||||||
| 6 | of the hospice patient.
| ||||||
| 7 | (a-5) "Bereavement services" means counseling services | ||||||
| 8 | provided to an individual's family after the individual's | ||||||
| 9 | death. | ||||||
| 10 | (a-10) "Attending physician" means a physician who: | ||||||
| 11 | (1) is a doctor of medicine or osteopathy; and | ||||||
| 12 | (2) is identified by an individual, at the time the | ||||||
| 13 | individual elects to receive hospice care, as having the | ||||||
| 14 | most significant role in the determination and delivery of | ||||||
| 15 | the individual's medical care.
| ||||||
| 16 | (b) "Department" means the Illinois Department of Public | ||||||
| 17 | Health.
| ||||||
| 18 | (c) "Director" means the Director of the Illinois | ||||||
| 19 | Department of Public
Health.
| ||||||
| 20 | (d) "Hospice care" means a program of palliative care that | ||||||
| 21 | provides for the physical, emotional, and spiritual care needs | ||||||
| 22 | of a terminally ill patient and his or her family. The goal of | ||||||
| 23 | such care is to achieve the highest quality of life as defined | ||||||
| 24 | by the patient and his or her family through the relief of | ||||||
| 25 | suffering and control of symptoms.
| ||||||
| |||||||
| |||||||
| 1 | (e) "Hospice care team" means an interdisciplinary group or | ||||||
| 2 | groups composed of individuals who provide or supervise the | ||||||
| 3 | care and services offered by the hospice.
| ||||||
| 4 | (f) "Hospice patient" means a terminally ill person | ||||||
| 5 | receiving hospice
services.
| ||||||
| 6 | (g) "Hospice patient's family" means a hospice patient's | ||||||
| 7 | immediate family
consisting of a spouse, sibling, child, parent | ||||||
| 8 | and those individuals designated
as such by the patient for the | ||||||
| 9 | purposes of this Act.
| ||||||
| 10 | (g-1) "Hospice residence" means a separately licensed | ||||||
| 11 | home, apartment building, or similar
building providing living | ||||||
| 12 | quarters:
| ||||||
| 13 | (1) that is owned or operated by a person licensed to | ||||||
| 14 | operate as a comprehensive
hospice; and
| ||||||
| 15 | (2) at which hospice services are provided to facility | ||||||
| 16 | residents.
| ||||||
| 17 | A building that is licensed under the Hospital Licensing | ||||||
| 18 | Act, the Nursing
Home Care Act, the Specialized Mental Health | ||||||
| 19 | Rehabilitation Act of 2013, or the ID/DD Community Care Act is | ||||||
| 20 | not a hospice residence.
| ||||||
| 21 | (h) "Hospice services" means a range of professional and | ||||||
| 22 | other supportive services provided to a hospice patient and his | ||||||
| 23 | or her family. These services may include, but are not limited | ||||||
| 24 | to, physician services, nursing services, medical social work | ||||||
| 25 | services, spiritual counseling services, bereavement services, | ||||||
| 26 | and volunteer services.
| ||||||
| |||||||
| |||||||
| 1 | (h-5) "Hospice program" means a licensed public agency or | ||||||
| 2 | private organization, or a subdivision of either of those, that | ||||||
| 3 | is primarily engaged in providing care to terminally ill | ||||||
| 4 | individuals through a program of home care or inpatient care, | ||||||
| 5 | or both home care and inpatient care, utilizing a medically | ||||||
| 6 | directed interdisciplinary hospice care team of professionals | ||||||
| 7 | or volunteers, or both professionals and volunteers. A hospice | ||||||
| 8 | program may be licensed as a comprehensive hospice program or a | ||||||
| 9 | volunteer hospice program.
| ||||||
| 10 | (h-10) "Comprehensive hospice" means a program that | ||||||
| 11 | provides hospice services and meets the minimum standards for | ||||||
| 12 | certification under the Medicare program set forth in the | ||||||
| 13 | Conditions of Participation in 42 CFR Part 418 but is not | ||||||
| 14 | required to be Medicare-certified.
| ||||||
| 15 | (i) "Palliative care" means the management of pain and | ||||||
| 16 | other distressing symptoms that incorporates medical, nursing, | ||||||
| 17 | psychosocial, and spiritual care according to the needs, | ||||||
| 18 | values, beliefs, and culture or cultures of the patient and his | ||||||
| 19 | or her family. The evaluation and treatment is | ||||||
| 20 | patient-centered, with a focus on the central role of the | ||||||
| 21 | family unit in decision-making.
| ||||||
| 22 | (j) "Hospice service plan" means a plan detailing the | ||||||
| 23 | specific hospice
services offered by a comprehensive or | ||||||
| 24 | volunteer
hospice program, and the administrative
and direct | ||||||
| 25 | care personnel responsible for those services. The plan shall
| ||||||
| 26 | include but not be limited to:
| ||||||
| |||||||
| |||||||
| 1 | (1) Identification of the person or persons | ||||||
| 2 | administratively responsible
for the program.
| ||||||
| 3 | (2) The estimated average monthly patient census.
| ||||||
| 4 | (3) The proposed geographic area the hospice will | ||||||
| 5 | serve.
| ||||||
| 6 | (4) A listing of those hospice services provided | ||||||
| 7 | directly by the hospice,
and those hospice services | ||||||
| 8 | provided indirectly through a contractual agreement.
| ||||||
| 9 | (5) The name and qualifications of those persons or | ||||||
| 10 | entities under
contract
to provide indirect hospice | ||||||
| 11 | services.
| ||||||
| 12 | (6) The name and qualifications of those persons | ||||||
| 13 | providing direct hospice
services, with the exception of | ||||||
| 14 | volunteers.
| ||||||
| 15 | (7) A description of how the hospice plans to utilize | ||||||
| 16 | volunteers in the
provision of hospice services.
| ||||||
| 17 | (8) A description of the program's record keeping | ||||||
| 18 | system.
| ||||||
| 19 | (k) "Terminally ill" means a medical prognosis by a | ||||||
| 20 | physician licensed
to practice medicine in all of its branches | ||||||
| 21 | that a patient has an anticipated
life expectancy of one year | ||||||
| 22 | or less.
| ||||||
| 23 | (l) "Volunteer" means a person who offers his or her | ||||||
| 24 | services to a hospice
without compensation. Reimbursement for a | ||||||
| 25 | volunteer's expenses in providing
hospice service shall not be | ||||||
| 26 | considered compensation.
| ||||||
| |||||||
| |||||||
| 1 | (l-5) "Employee" means a paid or unpaid member of the staff | ||||||
| 2 | of a hospice program, or, if the hospice program is a | ||||||
| 3 | subdivision of an agency or organization, of the agency or | ||||||
| 4 | organization, who is appropriately trained and assigned to the | ||||||
| 5 | hospice program. "Employee" also means a volunteer whose duties | ||||||
| 6 | are prescribed by the hospice program and whose performance of | ||||||
| 7 | those duties is supervised by the hospice program. | ||||||
| 8 | (l-10) "Representative" means an individual who has been | ||||||
| 9 | authorized under
State law to terminate an individual's medical | ||||||
| 10 | care or to elect or revoke the election of hospice care on | ||||||
| 11 | behalf of a terminally ill individual who is mentally or | ||||||
| 12 | physically incapacitated.
| ||||||
| 13 | (m) "Volunteer hospice" means a program which provides | ||||||
| 14 | hospice services
to patients regardless of their ability to | ||||||
| 15 | pay, with emphasis on the
utilization of volunteers to provide | ||||||
| 16 | services, under the administration of
a not-for-profit agency. | ||||||
| 17 | This definition does not prohibit the employment of
staff.
| ||||||
| 18 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 19 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 20 | (210 ILCS 60/4) (from Ch. 111 1/2, par. 6104)
| ||||||
| 21 | Sec. 4. License.
| ||||||
| 22 | (a) No person shall establish, conduct or maintain a | ||||||
| 23 | comprehensive or volunteer hospice program without first | ||||||
| 24 | obtaining a license from the
Department. A hospice residence | ||||||
| 25 | may be operated only at the locations listed
on the license. A | ||||||
| |||||||
| |||||||
| 1 | comprehensive hospice program owning or operating a hospice | ||||||
| 2 | residence is not
subject to the provisions of the Nursing Home | ||||||
| 3 | Care Act, the Specialized Mental Health Rehabilitation Act of | ||||||
| 4 | 2013, or the ID/DD Community Care Act in owning or operating a
| ||||||
| 5 | hospice residence.
| ||||||
| 6 | (b) No public or private agency shall advertise or present | ||||||
| 7 | itself to the
public as a comprehensive or volunteer hospice | ||||||
| 8 | program which provides hospice services without
meeting the | ||||||
| 9 | provisions of subsection (a).
| ||||||
| 10 | (c) The license shall be valid only in the possession
of | ||||||
| 11 | the hospice to which it was originally issued and shall not be
| ||||||
| 12 | transferred or assigned to any other person, agency, or | ||||||
| 13 | corporation.
| ||||||
| 14 | (d) The license shall be renewed annually.
| ||||||
| 15 | (e) The license shall be displayed in a conspicuous place | ||||||
| 16 | inside the hospice
program office.
| ||||||
| 17 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 18 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 19 | Section 6-200. The Hospital Licensing Act is amended by | ||||||
| 20 | changing Sections 3 and 6.09 as follows:
| ||||||
| 21 | (210 ILCS 85/3)
| ||||||
| 22 | Sec. 3. As used in this Act:
| ||||||
| 23 | (A) "Hospital" means any institution, place, building, | ||||||
| 24 | buildings on a campus, or agency, public
or private, whether | ||||||
| |||||||
| |||||||
| 1 | organized for profit or not, devoted primarily to the
| ||||||
| 2 | maintenance and operation of facilities for the diagnosis and | ||||||
| 3 | treatment or
care of 2 or more unrelated persons admitted for | ||||||
| 4 | overnight stay or longer
in order to obtain medical, including | ||||||
| 5 | obstetric, psychiatric and nursing,
care of illness, disease, | ||||||
| 6 | injury, infirmity, or deformity.
| ||||||
| 7 | The term "hospital", without regard to length of stay, | ||||||
| 8 | shall also
include:
| ||||||
| 9 | (a) any facility which is devoted primarily to | ||||||
| 10 | providing psychiatric and
related services and programs | ||||||
| 11 | for the diagnosis and treatment or care of
2 or more | ||||||
| 12 | unrelated persons suffering from emotional or nervous | ||||||
| 13 | diseases;
| ||||||
| 14 | (b) all places where pregnant females are received, | ||||||
| 15 | cared for, or
treated during delivery irrespective of the | ||||||
| 16 | number of patients received.
| ||||||
| 17 | The term "hospital" includes general and specialized | ||||||
| 18 | hospitals,
tuberculosis sanitaria, mental or psychiatric | ||||||
| 19 | hospitals and sanitaria, and
includes maternity homes, | ||||||
| 20 | lying-in homes, and homes for unwed mothers in
which care is | ||||||
| 21 | given during delivery.
| ||||||
| 22 | The term "hospital" does not include:
| ||||||
| 23 | (1) any person or institution
required to be licensed | ||||||
| 24 | pursuant to the Nursing Home Care Act, the Specialized | ||||||
| 25 | Mental Health Rehabilitation Act of 2013, or the ID/DD | ||||||
| 26 | Community Care Act;
| ||||||
| |||||||
| |||||||
| 1 | (2) hospitalization or care facilities maintained by | ||||||
| 2 | the State or any
department or agency thereof, where such | ||||||
| 3 | department or agency has authority
under law to establish | ||||||
| 4 | and enforce standards for the hospitalization or
care | ||||||
| 5 | facilities under its management and control;
| ||||||
| 6 | (3) hospitalization or care facilities maintained by | ||||||
| 7 | the federal
government or agencies thereof;
| ||||||
| 8 | (4) hospitalization or care facilities maintained by | ||||||
| 9 | any university or
college established under the laws of | ||||||
| 10 | this State and supported principally
by public funds raised | ||||||
| 11 | by taxation;
| ||||||
| 12 | (5) any person or facility required to be licensed | ||||||
| 13 | pursuant to the
Alcoholism and Other Drug Abuse and | ||||||
| 14 | Dependency Act;
| ||||||
| 15 | (6) any facility operated solely by and for persons who | ||||||
| 16 | rely
exclusively upon treatment by spiritual means through | ||||||
| 17 | prayer, in accordance
with the creed or tenets of any | ||||||
| 18 | well-recognized church or religious
denomination;
| ||||||
| 19 | (7) an Alzheimer's disease management center | ||||||
| 20 | alternative health care
model licensed under the | ||||||
| 21 | Alternative Health Care Delivery Act; or
| ||||||
| 22 | (8) any veterinary hospital or clinic operated by a | ||||||
| 23 | veterinarian or veterinarians licensed under the | ||||||
| 24 | Veterinary Medicine and Surgery Practice Act of 2004 or | ||||||
| 25 | maintained by a State-supported or publicly funded | ||||||
| 26 | university or college. | ||||||
| |||||||
| |||||||
| 1 | (B) "Person" means the State, and any political subdivision | ||||||
| 2 | or municipal
corporation, individual, firm, partnership, | ||||||
| 3 | corporation, company,
association, or joint stock association, | ||||||
| 4 | or the legal successor thereof.
| ||||||
| 5 | (C) "Department" means the Department of Public Health of | ||||||
| 6 | the State of
Illinois.
| ||||||
| 7 | (D) "Director" means the Director of Public Health of
the | ||||||
| 8 | State of Illinois.
| ||||||
| 9 | (E) "Perinatal" means the period of time
between the | ||||||
| 10 | conception of an
infant and the end of the first month after | ||||||
| 11 | birth.
| ||||||
| 12 | (F) "Federally designated organ procurement agency" means | ||||||
| 13 | the organ
procurement agency designated by the Secretary of the | ||||||
| 14 | U.S. Department of Health
and Human Services for the service | ||||||
| 15 | area in which a hospital is located; except
that in the case of | ||||||
| 16 | a hospital located in a county adjacent to Wisconsin
which | ||||||
| 17 | currently contracts with an organ procurement agency located in | ||||||
| 18 | Wisconsin
that is not the organ procurement agency designated | ||||||
| 19 | by the U.S. Secretary of
Health and Human Services for the | ||||||
| 20 | service area in which the hospital is
located, if the hospital | ||||||
| 21 | applies for a waiver pursuant to 42 USC
1320b-8(a), it may | ||||||
| 22 | designate an organ procurement agency
located in Wisconsin to | ||||||
| 23 | be thereafter deemed its federally designated organ
| ||||||
| 24 | procurement agency for the purposes of this Act.
| ||||||
| 25 | (G) "Tissue bank" means any facility or program operating | ||||||
| 26 | in Illinois
that is certified by the American Association of | ||||||
| |||||||
| |||||||
| 1 | Tissue Banks or the Eye Bank
Association of America and is | ||||||
| 2 | involved in procuring, furnishing, donating,
or distributing | ||||||
| 3 | corneas, bones, or other human tissue for the purpose of
| ||||||
| 4 | injecting, transfusing, or transplanting any of them into the | ||||||
| 5 | human body.
"Tissue bank" does not include a licensed blood | ||||||
| 6 | bank. For the purposes of this
Act, "tissue" does not include | ||||||
| 7 | organs.
| ||||||
| 8 | (H) "Campus", as this terms applies to operations, has the | ||||||
| 9 | same meaning as the term "campus" as set forth in federal | ||||||
| 10 | Medicare regulations, 42 CFR 413.65. | ||||||
| 11 | (Source: P.A. 96-219, eff. 8-10-09; 96-339, eff. 7-1-10; | ||||||
| 12 | 96-1000, eff. 7-2-10; 96-1515, eff. 2-4-11; 97-38, eff. | ||||||
| 13 | 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 14 | (210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09) | ||||||
| 15 | Sec. 6.09. (a) In order to facilitate the orderly | ||||||
| 16 | transition of aged
and disabled patients from hospitals to | ||||||
| 17 | post-hospital care, whenever a
patient who qualifies for the
| ||||||
| 18 | federal Medicare program is hospitalized, the patient shall be | ||||||
| 19 | notified
of discharge at least
24 hours prior to discharge from
| ||||||
| 20 | the hospital. With regard to pending discharges to a skilled | ||||||
| 21 | nursing facility, the hospital must notify the case | ||||||
| 22 | coordination unit, as defined in 89 Ill. Adm. Code 240.260, at | ||||||
| 23 | least 24 hours prior to discharge or, if home health services | ||||||
| 24 | are ordered, the hospital must inform its designated case | ||||||
| 25 | coordination unit, as defined in 89 Ill. Adm. Code 240.260, of | ||||||
| |||||||
| |||||||
| 1 | the pending discharge and must provide the patient with the | ||||||
| 2 | case coordination unit's telephone number and other contact | ||||||
| 3 | information.
| ||||||
| 4 | (b) Every hospital shall develop procedures for a physician | ||||||
| 5 | with medical
staff privileges at the hospital or any | ||||||
| 6 | appropriate medical staff member to
provide the discharge | ||||||
| 7 | notice prescribed in subsection (a) of this Section. The | ||||||
| 8 | procedures must include prohibitions against discharging or | ||||||
| 9 | referring a patient to any of the following if unlicensed, | ||||||
| 10 | uncertified, or unregistered: (i) a board and care facility, as | ||||||
| 11 | defined in the Board and Care Home Act; (ii) an assisted living | ||||||
| 12 | and shared housing establishment, as defined in the Assisted | ||||||
| 13 | Living and Shared Housing Act; (iii) a facility licensed under | ||||||
| 14 | the Nursing Home Care Act, the Specialized Mental Health | ||||||
| 15 | Rehabilitation Act of 2013, or the ID/DD Community Care Act; | ||||||
| 16 | (iv) a supportive living facility, as defined in Section | ||||||
| 17 | 5-5.01a of the Illinois Public Aid Code; or (v) a free-standing | ||||||
| 18 | hospice facility licensed under the Hospice Program Licensing | ||||||
| 19 | Act if licensure, certification, or registration is required. | ||||||
| 20 | The Department of Public Health shall annually provide | ||||||
| 21 | hospitals with a list of licensed, certified, or registered | ||||||
| 22 | board and care facilities, assisted living and shared housing | ||||||
| 23 | establishments, nursing homes, supportive living facilities, | ||||||
| 24 | facilities licensed under the ID/DD Community Care Act or the | ||||||
| 25 | Specialized Mental Health Rehabilitation Act of 2013, and | ||||||
| 26 | hospice facilities. Reliance upon this list by a hospital shall | ||||||
| |||||||
| |||||||
| 1 | satisfy compliance with this requirement.
The procedure may | ||||||
| 2 | also include a waiver for any case in which a discharge
notice | ||||||
| 3 | is not feasible due to a short length of stay in the hospital | ||||||
| 4 | by the patient,
or for any case in which the patient | ||||||
| 5 | voluntarily desires to leave the
hospital before the expiration | ||||||
| 6 | of the
24 hour period. | ||||||
| 7 | (c) At least
24 hours prior to discharge from the hospital, | ||||||
| 8 | the
patient shall receive written information on the patient's | ||||||
| 9 | right to appeal the
discharge pursuant to the
federal Medicare | ||||||
| 10 | program, including the steps to follow to appeal
the discharge | ||||||
| 11 | and the appropriate telephone number to call in case the
| ||||||
| 12 | patient intends to appeal the discharge. | ||||||
| 13 | (d) Before transfer of a patient to a long term care | ||||||
| 14 | facility licensed under the Nursing Home Care Act where elderly | ||||||
| 15 | persons reside, a hospital shall as soon as practicable | ||||||
| 16 | initiate a name-based criminal history background check by | ||||||
| 17 | electronic submission to the Department of State Police for all | ||||||
| 18 | persons between the ages of 18 and 70 years; provided, however, | ||||||
| 19 | that a hospital shall be required to initiate such a background | ||||||
| 20 | check only with respect to patients who: | ||||||
| 21 | (1) are transferring to a long term care facility for | ||||||
| 22 | the first time; | ||||||
| 23 | (2) have been in the hospital more than 5 days; | ||||||
| 24 | (3) are reasonably expected to remain at the long term | ||||||
| 25 | care facility for more than 30 days; | ||||||
| 26 | (4) have a known history of serious mental illness or | ||||||
| |||||||
| |||||||
| 1 | substance abuse; and | ||||||
| 2 | (5) are independently ambulatory or mobile for more | ||||||
| 3 | than a temporary period of time. | ||||||
| 4 | A hospital may also request a criminal history background | ||||||
| 5 | check for a patient who does not meet any of the criteria set | ||||||
| 6 | forth in items (1) through (5). | ||||||
| 7 | A hospital shall notify a long term care facility if the | ||||||
| 8 | hospital has initiated a criminal history background check on a | ||||||
| 9 | patient being discharged to that facility. In all circumstances | ||||||
| 10 | in which the hospital is required by this subsection to | ||||||
| 11 | initiate the criminal history background check, the transfer to | ||||||
| 12 | the long term care facility may proceed regardless of the | ||||||
| 13 | availability of criminal history results. Upon receipt of the | ||||||
| 14 | results, the hospital shall promptly forward the results to the | ||||||
| 15 | appropriate long term care facility. If the results of the | ||||||
| 16 | background check are inconclusive, the hospital shall have no | ||||||
| 17 | additional duty or obligation to seek additional information | ||||||
| 18 | from, or about, the patient. | ||||||
| 19 | (Source: P.A. 96-339, eff. 7-1-10; 96-1372, eff. 7-29-10; | ||||||
| 20 | 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. | ||||||
| 21 | 7-13-12.)
| ||||||
| 22 | Section 6-205. The Language Assistance Services Act is | ||||||
| 23 | amended by changing Section 10 as follows:
| ||||||
| 24 | (210 ILCS 87/10)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 10. Definitions. As used in this Act:
| ||||||
| 2 | "Department" means the Department of Public Health.
| ||||||
| 3 | "Interpreter" means a person fluent in English and in the | ||||||
| 4 | necessary
language of the patient who can accurately speak, | ||||||
| 5 | read, and readily interpret
the necessary second language, or a | ||||||
| 6 | person who can accurately sign and read
sign language. | ||||||
| 7 | Interpreters shall have the ability to translate the names of
| ||||||
| 8 | body parts and to describe completely symptoms and injuries in | ||||||
| 9 | both languages.
Interpreters may include members of the medical | ||||||
| 10 | or professional staff.
| ||||||
| 11 | "Language or communication barriers" means either of the | ||||||
| 12 | following:
| ||||||
| 13 | (1) With respect to spoken language, barriers that are | ||||||
| 14 | experienced by
limited-English-speaking or | ||||||
| 15 | non-English-speaking
individuals who speak the same
| ||||||
| 16 | primary language, if those individuals constitute at least | ||||||
| 17 | 5% of the
patients served by the health facility annually.
| ||||||
| 18 | (2) With respect to sign language, barriers that are | ||||||
| 19 | experienced by
individuals who are deaf and whose primary | ||||||
| 20 | language is sign language.
| ||||||
| 21 | "Health facility" means a hospital licensed under the | ||||||
| 22 | Hospital Licensing Act,
a long-term care facility licensed | ||||||
| 23 | under the Nursing Home Care Act, or a facility licensed under | ||||||
| 24 | the ID/DD Community Care Act or the Specialized Mental Health | ||||||
| 25 | Rehabilitation Act of 2013.
| ||||||
| 26 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| |||||||
| |||||||
| 1 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 2 | Section 6-210. The Community-Integrated Living | ||||||
| 3 | Arrangements Licensure and
Certification Act is amended by | ||||||
| 4 | changing Section 4 as follows:
| ||||||
| 5 | (210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)
| ||||||
| 6 | Sec. 4.
(a) Any community mental health or developmental | ||||||
| 7 | services agency who
wishes to develop and support a variety of | ||||||
| 8 | community-integrated living
arrangements may do so pursuant to | ||||||
| 9 | a license issued by the Department under this Act.
However, | ||||||
| 10 | programs established under or otherwise subject to the Child
| ||||||
| 11 | Care Act of 1969, the Nursing Home Care Act, the Specialized | ||||||
| 12 | Mental Health Rehabilitation Act of 2013, or the ID/DD | ||||||
| 13 | Community Care Act, as now or
hereafter amended, shall remain
| ||||||
| 14 | subject thereto, and this Act shall not be construed to limit | ||||||
| 15 | the
application of those Acts.
| ||||||
| 16 | (b) The system of licensure established under this Act | ||||||
| 17 | shall be for the purposes of:
| ||||||
| 18 | (1) Insuring that all recipients residing in | ||||||
| 19 | community-integrated living
arrangements are receiving | ||||||
| 20 | appropriate community-based services, including
treatment, | ||||||
| 21 | training and habilitation or rehabilitation;
| ||||||
| 22 | (2) Insuring that recipients' rights are protected and | ||||||
| 23 | that all programs
provided to and placements arranged for
| ||||||
| 24 | recipients comply with this Act, the Mental Health and | ||||||
| |||||||
| |||||||
| 1 | Developmental
Disabilities Code, and applicable Department | ||||||
| 2 | rules and regulations;
| ||||||
| 3 | (3) Maintaining the integrity of communities by | ||||||
| 4 | requiring regular
monitoring and inspection of placements | ||||||
| 5 | and other services provided in
community-integrated living | ||||||
| 6 | arrangements.
| ||||||
| 7 | The licensure system shall be administered by a quality | ||||||
| 8 | assurance unit
within the Department which shall be | ||||||
| 9 | administratively independent of units
responsible for funding | ||||||
| 10 | of agencies or community services.
| ||||||
| 11 | (c) As a condition of being licensed by the Department as a | ||||||
| 12 | community
mental health or developmental services agency under | ||||||
| 13 | this Act, the agency
shall certify to the Department that:
| ||||||
| 14 | (1) All recipients residing in community-integrated | ||||||
| 15 | living arrangements
are receiving appropriate | ||||||
| 16 | community-based services, including treatment,
training | ||||||
| 17 | and habilitation or rehabilitation;
| ||||||
| 18 | (2) All programs provided to and placements arranged | ||||||
| 19 | for recipients are
supervised by the agency; and
| ||||||
| 20 | (3) All programs provided to and placements arranged | ||||||
| 21 | for recipients
comply with this Act, the Mental Health and | ||||||
| 22 | Developmental Disabilities
Code, and applicable Department | ||||||
| 23 | rules and regulations.
| ||||||
| 24 | (d) An applicant for licensure as a community mental health | ||||||
| 25 | or
developmental services agency under this Act shall submit an | ||||||
| 26 | application
pursuant to the application process established by | ||||||
| |||||||
| |||||||
| 1 | the Department by rule
and shall pay an application fee in an | ||||||
| 2 | amount established by the
Department, which amount shall not be | ||||||
| 3 | more than $200.
| ||||||
| 4 | (e) If an applicant meets the requirements established by | ||||||
| 5 | the Department
to be licensed as a community mental health or | ||||||
| 6 | developmental services
agency under this Act, after payment of | ||||||
| 7 | the licensing fee, the Department
shall issue a license valid | ||||||
| 8 | for 3 years from the date thereof unless
suspended or revoked | ||||||
| 9 | by the Department or voluntarily surrendered by the agency.
| ||||||
| 10 | (f) Upon application to the Department, the Department may | ||||||
| 11 | issue a
temporary permit to an applicant for a 6-month period | ||||||
| 12 | to allow the holder
of such permit reasonable time to become | ||||||
| 13 | eligible for a license under this Act.
| ||||||
| 14 | (g)(1) The Department may conduct site visits to an agency | ||||||
| 15 | licensed under this
Act, or to any program or placement | ||||||
| 16 | certified by the agency, and inspect
the records or premises, | ||||||
| 17 | or both, of such agency, program or placement as
it deems | ||||||
| 18 | appropriate, for the
purpose of determining compliance with | ||||||
| 19 | this Act, the Mental Health and
Developmental Disabilities | ||||||
| 20 | Code, and applicable Department rules and regulations.
| ||||||
| 21 | (2) If the Department determines that an agency licensed | ||||||
| 22 | under this Act
is not in compliance with this Act or the rules | ||||||
| 23 | and regulations promulgated
under this Act, the Department | ||||||
| 24 | shall serve a notice of violation
upon the licensee. Each | ||||||
| 25 | notice of violation shall be prepared in writing
and shall | ||||||
| 26 | specify the nature of the violation, the statutory provision or
| ||||||
| |||||||
| |||||||
| 1 | rule alleged to have been violated, and that the licensee
| ||||||
| 2 | submit a plan of correction to the Department if required. The | ||||||
| 3 | notice shall also
inform the licensee of any other action which | ||||||
| 4 | the Department might take
pursuant to this Act and of the right | ||||||
| 5 | to a hearing.
| ||||||
| 6 | (g-5) As determined by the Department, a disproportionate | ||||||
| 7 | number or percentage of licensure complaints; a | ||||||
| 8 | disproportionate number or percentage of substantiated cases | ||||||
| 9 | of abuse, neglect, or exploitation involving an agency; an | ||||||
| 10 | apparent unnatural death of an individual served by an agency; | ||||||
| 11 | any egregious or life-threatening abuse or neglect within an | ||||||
| 12 | agency; or any other significant event as determined by the | ||||||
| 13 | Department shall initiate a review of the agency's license by | ||||||
| 14 | the Department, as well as a review of its service agreement | ||||||
| 15 | for funding. The Department shall adopt rules to establish the | ||||||
| 16 | process by which the determination to initiate a review shall | ||||||
| 17 | be made and the timeframe to initiate a review upon the making | ||||||
| 18 | of such determination. | ||||||
| 19 | (h) Upon the expiration of any license issued under this | ||||||
| 20 | Act, a license
renewal application shall be required of and a | ||||||
| 21 | license renewal fee in an
amount established by the Department | ||||||
| 22 | shall be
charged to a community mental health or
developmental | ||||||
| 23 | services agency, provided that such fee shall not be more than | ||||||
| 24 | $200.
| ||||||
| 25 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 26 | eff. 1-1-12; 97-441, eff. 8-19-11; 97-813, eff. 7-13-12.)
| ||||||
| |||||||
| |||||||
| 1 | Section 6-215. The Child Care Act of 1969 is amended by | ||||||
| 2 | changing Section 2.06 as follows:
| ||||||
| 3 | (225 ILCS 10/2.06) (from Ch. 23, par. 2212.06)
| ||||||
| 4 | Sec. 2.06.
"Child care institution" means a child care | ||||||
| 5 | facility where more than
7 children are received and maintained | ||||||
| 6 | for the purpose of providing them
with care or training or | ||||||
| 7 | both. The term "child care institution"
includes residential | ||||||
| 8 | schools, primarily serving ambulatory handicapped
children, | ||||||
| 9 | and those operating a full calendar year, but does not
include:
| ||||||
| 10 | (a) Any State-operated institution for child care | ||||||
| 11 | established by
legislative action;
| ||||||
| 12 | (b) Any juvenile detention or shelter care home established | ||||||
| 13 | and operated by any
county or child protection district | ||||||
| 14 | established under the "Child
Protection Act";
| ||||||
| 15 | (c) Any institution, home, place or facility operating | ||||||
| 16 | under a
license pursuant to the Nursing Home Care Act, the | ||||||
| 17 | Specialized Mental Health Rehabilitation Act of 2013, or the | ||||||
| 18 | ID/DD Community Care Act;
| ||||||
| 19 | (d) Any bona fide boarding school in which children are | ||||||
| 20 | primarily
taught branches of education corresponding to those | ||||||
| 21 | taught in public
schools, grades one through 12, or taught in | ||||||
| 22 | public elementary schools,
high schools, or both elementary and | ||||||
| 23 | high schools, and which operates on
a regular academic school | ||||||
| 24 | year basis; or
| ||||||
| |||||||
| |||||||
| 1 | (e) Any facility licensed as a "group home"
as defined in | ||||||
| 2 | this Act.
| ||||||
| 3 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 4 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 5 | Section 6-220. The Health Care Worker Background Check Act | ||||||
| 6 | is amended by changing Section 15 as follows:
| ||||||
| 7 | (225 ILCS 46/15)
| ||||||
| 8 | Sec. 15. Definitions. In this Act:
| ||||||
| 9 | "Applicant" means an individual seeking employment with a | ||||||
| 10 | health care
employer who has received a bona fide conditional | ||||||
| 11 | offer of employment.
| ||||||
| 12 | "Conditional offer of employment" means a bona fide offer | ||||||
| 13 | of employment by a
health care employer to an applicant, which | ||||||
| 14 | is contingent upon the receipt of a
report from the Department | ||||||
| 15 | of Public Health indicating that the applicant does
not have a | ||||||
| 16 | record of conviction of any of the criminal offenses enumerated | ||||||
| 17 | in
Section 25.
| ||||||
| 18 | "Direct care" means the provision of nursing care or | ||||||
| 19 | assistance with feeding,
dressing, movement, bathing, | ||||||
| 20 | toileting, or other personal needs, including home services as | ||||||
| 21 | defined in the Home Health, Home Services, and Home Nursing | ||||||
| 22 | Agency Licensing Act. The entity
responsible for inspecting and | ||||||
| 23 | licensing, certifying, or registering the
health care employer | ||||||
| 24 | may, by administrative rule, prescribe guidelines for
| ||||||
| |||||||
| |||||||
| 1 | interpreting this definition with regard to the health care | ||||||
| 2 | employers that it
licenses.
| ||||||
| 3 | "Disqualifying offenses" means those offenses set forth in | ||||||
| 4 | Section 25 of this Act. | ||||||
| 5 | "Employee" means any individual hired, employed, or | ||||||
| 6 | retained to which this Act applies. | ||||||
| 7 | "Fingerprint-based criminal history records check" means a | ||||||
| 8 | livescan fingerprint-based criminal history records check | ||||||
| 9 | submitted as a fee applicant inquiry in the form and manner | ||||||
| 10 | prescribed by the Department of State Police.
| ||||||
| 11 | "Health care employer" means:
| ||||||
| 12 | (1) the owner or licensee of any of the
following:
| ||||||
| 13 | (i) a community living facility, as defined in the | ||||||
| 14 | Community Living
Facilities Act;
| ||||||
| 15 | (ii) a life care facility, as defined in the Life | ||||||
| 16 | Care Facilities Act;
| ||||||
| 17 | (iii) a long-term care facility;
| ||||||
| 18 | (iv) a home health agency, home services agency, or | ||||||
| 19 | home nursing agency as defined in the Home Health, Home | ||||||
| 20 | Services, and Home Nursing Agency Licensing
Act;
| ||||||
| 21 | (v) a hospice care program or volunteer hospice | ||||||
| 22 | program, as defined in the Hospice Program Licensing | ||||||
| 23 | Act;
| ||||||
| 24 | (vi) a hospital, as defined in the Hospital | ||||||
| 25 | Licensing Act;
| ||||||
| 26 | (vii) (blank);
| ||||||
| |||||||
| |||||||
| 1 | (viii) a nurse agency, as defined in the Nurse | ||||||
| 2 | Agency Licensing Act;
| ||||||
| 3 | (ix) a respite care provider, as defined in the | ||||||
| 4 | Respite Program Act;
| ||||||
| 5 | (ix-a) an establishment licensed under the | ||||||
| 6 | Assisted Living and Shared
Housing Act;
| ||||||
| 7 | (x) a supportive living program, as defined in the | ||||||
| 8 | Illinois Public Aid
Code;
| ||||||
| 9 | (xi) early childhood intervention programs as | ||||||
| 10 | described in 59 Ill. Adm.
Code 121;
| ||||||
| 11 | (xii) the University of Illinois Hospital, | ||||||
| 12 | Chicago;
| ||||||
| 13 | (xiii) programs funded by the Department on Aging | ||||||
| 14 | through the Community
Care Program;
| ||||||
| 15 | (xiv) programs certified to participate in the | ||||||
| 16 | Supportive Living Program
authorized pursuant to | ||||||
| 17 | Section 5-5.01a of the Illinois Public Aid Code;
| ||||||
| 18 | (xv) programs listed by the Emergency Medical | ||||||
| 19 | Services (EMS) Systems Act
as
Freestanding Emergency | ||||||
| 20 | Centers;
| ||||||
| 21 | (xvi) locations licensed under the Alternative | ||||||
| 22 | Health Care Delivery
Act;
| ||||||
| 23 | (2) a day training program certified by the Department | ||||||
| 24 | of Human Services;
| ||||||
| 25 | (3) a community integrated living arrangement operated | ||||||
| 26 | by a community
mental health and developmental service | ||||||
| |||||||
| |||||||
| 1 | agency, as defined in the
Community-Integrated Living | ||||||
| 2 | Arrangements Licensing and Certification Act; or
| ||||||
| 3 | (4) the State Long Term Care Ombudsman Program, | ||||||
| 4 | including any regional long term care ombudsman programs | ||||||
| 5 | under Section 4.04 of the Illinois Act on the Aging, only | ||||||
| 6 | for the purpose of securing background checks.
| ||||||
| 7 | "Initiate" means obtaining from
a student, applicant, or | ||||||
| 8 | employee his or her social security number, demographics, a | ||||||
| 9 | disclosure statement, and an authorization for the Department | ||||||
| 10 | of Public Health or its designee to request a fingerprint-based | ||||||
| 11 | criminal history records check; transmitting this information | ||||||
| 12 | electronically to the Department of Public Health; conducting | ||||||
| 13 | Internet searches on certain web sites, including without | ||||||
| 14 | limitation the Illinois Sex Offender Registry, the Department | ||||||
| 15 | of Corrections' Sex Offender Search Engine, the Department of | ||||||
| 16 | Corrections' Inmate Search Engine, the Department of | ||||||
| 17 | Corrections Wanted Fugitives Search Engine, the National Sex | ||||||
| 18 | Offender Public Registry, and the website of the Health and | ||||||
| 19 | Human Services Office of Inspector General to determine if the | ||||||
| 20 | applicant has been adjudicated a sex offender, has been a | ||||||
| 21 | prison inmate, or has committed Medicare or Medicaid fraud, or | ||||||
| 22 | conducting similar searches as defined by rule; and having the | ||||||
| 23 | student, applicant, or employee's fingerprints collected and | ||||||
| 24 | transmitted electronically to the Department of State Police.
| ||||||
| 25 | "Livescan vendor" means an entity whose equipment has been | ||||||
| 26 | certified by the Department of State Police to collect an | ||||||
| |||||||
| |||||||
| 1 | individual's demographics and inkless fingerprints and, in a | ||||||
| 2 | manner prescribed by the Department of State Police and the | ||||||
| 3 | Department of Public Health, electronically transmit the | ||||||
| 4 | fingerprints and required data to the Department of State | ||||||
| 5 | Police and a daily file of required data to the Department of | ||||||
| 6 | Public Health. The Department of Public Health shall negotiate | ||||||
| 7 | a contract with one or more vendors that effectively | ||||||
| 8 | demonstrate that the vendor has 2 or more years of experience | ||||||
| 9 | transmitting fingerprints electronically to the Department of | ||||||
| 10 | State Police and that the vendor can successfully transmit the | ||||||
| 11 | required data in a manner prescribed by the Department of | ||||||
| 12 | Public Health. Vendor authorization may be further defined by | ||||||
| 13 | administrative rule.
| ||||||
| 14 | "Long-term care facility" means a facility licensed by the | ||||||
| 15 | State or certified under federal law as a long-term care | ||||||
| 16 | facility, including without limitation facilities licensed | ||||||
| 17 | under the Nursing Home Care Act, the Specialized Mental Health | ||||||
| 18 | Rehabilitation Act of 2013, or the ID/DD Community Care Act, a | ||||||
| 19 | supportive living facility, an assisted living establishment, | ||||||
| 20 | or a shared housing establishment or registered as a board and | ||||||
| 21 | care home.
| ||||||
| 22 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 23 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 24 | Section 6-225. The Nursing Home Administrators Licensing | ||||||
| 25 | and Disciplinary Act is amended by changing Sections 4 and 17 | ||||||
| |||||||
| |||||||
| 1 | as follows:
| ||||||
| 2 | (225 ILCS 70/4) (from Ch. 111, par. 3654)
| ||||||
| 3 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
| 4 | Sec. 4. Definitions. For purposes of this Act, the | ||||||
| 5 | following
definitions shall have the following meanings, | ||||||
| 6 | except where the context
requires otherwise:
| ||||||
| 7 | (1) "Act" means the Nursing Home Administrators | ||||||
| 8 | Licensing and
Disciplinary Act.
| ||||||
| 9 | (2) "Department" means the Department of Financial and
| ||||||
| 10 | Professional
Regulation.
| ||||||
| 11 | (3) "Secretary"
means the Secretary
of Financial and | ||||||
| 12 | Professional
Regulation.
| ||||||
| 13 | (4) "Board" means the Nursing Home Administrators | ||||||
| 14 | Licensing
and Disciplinary Board appointed by the | ||||||
| 15 | Governor.
| ||||||
| 16 | (5) "Nursing home administrator" means the individual | ||||||
| 17 | licensed
under this
Act and directly responsible for | ||||||
| 18 | planning, organizing, directing and
supervising the | ||||||
| 19 | operation of a nursing home, or who in fact performs such
| ||||||
| 20 | functions, whether or not such functions are delegated to | ||||||
| 21 | one or more
other persons.
| ||||||
| 22 | (6) "Nursing home" or "facility" means any entity that | ||||||
| 23 | is required to be
licensed by the Department of Public | ||||||
| 24 | Health under the Nursing Home
Care Act, as amended, other | ||||||
| 25 | than a sheltered care home as
defined thereunder, and | ||||||
| |||||||
| |||||||
| 1 | includes private homes, institutions,
buildings,
| ||||||
| 2 | residences, or other places, whether operated for profit or | ||||||
| 3 | not,
irrespective of the names attributed to them, county | ||||||
| 4 | homes for the infirm
and chronically ill operated pursuant | ||||||
| 5 | to the County Nursing Home Act, as
amended, and any similar | ||||||
| 6 | institutions operated by a political subdivision
of the | ||||||
| 7 | State of Illinois that provide, though their ownership or
| ||||||
| 8 | management, maintenance, personal care, and nursing for 3 | ||||||
| 9 | or more persons,
not related to the owner by blood or | ||||||
| 10 | marriage, or any similar facilities in
which maintenance is | ||||||
| 11 | provided to 3 or more persons who by reason of illness
of | ||||||
| 12 | physical infirmity require personal care and nursing. The | ||||||
| 13 | term also means any facility licensed under the ID/DD | ||||||
| 14 | Community Care Act or the Specialized Mental Health | ||||||
| 15 | Rehabilitation Act of 2013.
| ||||||
| 16 | (7) "Maintenance" means food, shelter and laundry.
| ||||||
| 17 | (8) "Personal care" means assistance with meals, | ||||||
| 18 | dressing,
movement,
bathing, or other personal needs, or | ||||||
| 19 | general supervision of
the physical and
mental well-being | ||||||
| 20 | of an individual who because of age, physical, or mental
| ||||||
| 21 | disability, emotion or behavior disorder, or an | ||||||
| 22 | intellectual disability is
incapable of managing his or her | ||||||
| 23 | person, whether or not a guardian has been
appointed for | ||||||
| 24 | such individual. For the purposes of this Act, this
| ||||||
| 25 | definition does not include the professional services of a | ||||||
| 26 | nurse.
| ||||||
| |||||||
| |||||||
| 1 | (9) "Nursing" means professional nursing or practical | ||||||
| 2 | nursing,
as those terms are defined in the Nurse Practice | ||||||
| 3 | Act,
for sick or infirm persons who are under the care
and | ||||||
| 4 | supervision of licensed physicians or dentists.
| ||||||
| 5 | (10) "Disciplinary action" means revocation, | ||||||
| 6 | suspension,
probation, supervision, reprimand, required | ||||||
| 7 | education, fines or
any other action taken by the | ||||||
| 8 | Department against a person holding a
license.
| ||||||
| 9 | (11) "Impaired" means the inability to practice with
| ||||||
| 10 | reasonable skill and
safety due to physical or mental | ||||||
| 11 | disabilities as evidenced by a written
determination or | ||||||
| 12 | written consent based on clinical evidence including
| ||||||
| 13 | deterioration through the aging process or loss of motor | ||||||
| 14 | skill, or abuse of
drugs or alcohol, of sufficient degree | ||||||
| 15 | to diminish a person's ability to
administer a nursing | ||||||
| 16 | home. | ||||||
| 17 | (12) "Address of record" means the designated address | ||||||
| 18 | recorded by the Department in the applicant's or licensee's | ||||||
| 19 | application file or license file maintained by the | ||||||
| 20 | Department's licensure maintenance unit. It is the duty of | ||||||
| 21 | the applicant or licensee to inform the Department of any | ||||||
| 22 | change of address, and such changes must be made either | ||||||
| 23 | through the Department's website or by contacting the | ||||||
| 24 | Department's licensure maintenance unit.
| ||||||
| 25 | (Source: P.A. 96-328, eff. 8-11-09; 96-339, eff. 7-1-10; 97-38, | ||||||
| 26 | eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| |||||||
| |||||||
| 1 | (225 ILCS 70/17) (from Ch. 111, par. 3667) | ||||||
| 2 | Sec. 17. Grounds for disciplinary action. | ||||||
| 3 | (a) The Department may impose fines not to exceed $10,000
| ||||||
| 4 | or may
refuse to issue or to renew, or may revoke, suspend, | ||||||
| 5 | place on probation,
censure, reprimand or take other | ||||||
| 6 | disciplinary or non-disciplinary action with regard to the
| ||||||
| 7 | license of any person, for any one or combination
of the | ||||||
| 8 | following causes: | ||||||
| 9 | (1) Intentional material misstatement in furnishing | ||||||
| 10 | information
to
the Department. | ||||||
| 11 | (2) Conviction of or entry of a plea of guilty or nolo | ||||||
| 12 | contendere to any crime that is a felony under the laws of | ||||||
| 13 | the United States
or any
state or territory thereof or
a | ||||||
| 14 | misdemeanor of which an
essential element is dishonesty or | ||||||
| 15 | that is directly
related to the practice of the profession | ||||||
| 16 | of nursing home administration. | ||||||
| 17 | (3) Making any misrepresentation for the purpose of | ||||||
| 18 | obtaining
a license,
or violating any provision of this | ||||||
| 19 | Act. | ||||||
| 20 | (4) Immoral conduct in the commission of any act, such | ||||||
| 21 | as
sexual abuse or
sexual misconduct, related to the | ||||||
| 22 | licensee's practice. | ||||||
| 23 | (5) Failing to respond within 30
days, to a
written | ||||||
| 24 | request made by the Department for information. | ||||||
| 25 | (6) Engaging in dishonorable, unethical or | ||||||
| |||||||
| |||||||
| 1 | unprofessional
conduct of a
character likely to deceive, | ||||||
| 2 | defraud or harm the public. | ||||||
| 3 | (7) Habitual use or addiction to alcohol, narcotics,
| ||||||
| 4 | stimulants, or any
other chemical agent or drug which | ||||||
| 5 | results in the inability to practice
with reasonable | ||||||
| 6 | judgment, skill or safety. | ||||||
| 7 | (8) Discipline by another U.S. jurisdiction if at
least | ||||||
| 8 | one of the grounds for the discipline is the same or | ||||||
| 9 | substantially
equivalent to those set forth herein. | ||||||
| 10 | (9) A finding by the Department that the licensee, | ||||||
| 11 | after having
his or her license
placed on probationary | ||||||
| 12 | status has violated the terms of probation. | ||||||
| 13 | (10) Willfully making or filing false records or | ||||||
| 14 | reports in
his or her
practice,
including but not limited | ||||||
| 15 | to false records filed with State agencies or
departments. | ||||||
| 16 | (11) Physical illness, mental illness, or other | ||||||
| 17 | impairment or disability, including, but not limited to,
| ||||||
| 18 | deterioration
through the aging process, or loss of motor | ||||||
| 19 | skill that results in
the
inability to practice the | ||||||
| 20 | profession with reasonable judgment, skill or safety. | ||||||
| 21 | (12) Disregard or violation of this Act or of any rule
| ||||||
| 22 | issued pursuant to this Act. | ||||||
| 23 | (13) Aiding or abetting another in the violation of | ||||||
| 24 | this Act
or any rule
or regulation issued pursuant to this | ||||||
| 25 | Act. | ||||||
| 26 | (14) Allowing one's license to be used by an unlicensed
| ||||||
| |||||||
| |||||||
| 1 | person. | ||||||
| 2 | (15) (Blank).
| ||||||
| 3 | (16) Professional incompetence in the practice of | ||||||
| 4 | nursing
home administration. | ||||||
| 5 | (17) Conviction of a violation of Section 12-19 or | ||||||
| 6 | subsection (a) of Section 12-4.4a of the
Criminal Code of
| ||||||
| 7 | 1961 or the Criminal Code of 2012 for the abuse and | ||||||
| 8 | criminal neglect of a long term care facility resident. | ||||||
| 9 | (18) Violation of the Nursing Home Care Act, the | ||||||
| 10 | Specialized Mental Health Rehabilitation Act of 2013, or | ||||||
| 11 | the ID/DD Community Care Act or of any rule
issued under | ||||||
| 12 | the Nursing Home Care Act, the Specialized Mental Health | ||||||
| 13 | Rehabilitation Act of 2013, or the ID/DD Community Care | ||||||
| 14 | Act. A final adjudication of a Type "AA" violation of the | ||||||
| 15 | Nursing Home Care Act made by the Illinois Department of | ||||||
| 16 | Public Health, as identified by rule, relating to the | ||||||
| 17 | hiring, training, planning, organizing, directing, or | ||||||
| 18 | supervising the operation of a nursing home and a | ||||||
| 19 | licensee's failure to comply with this Act or the rules | ||||||
| 20 | adopted under this Act, shall create a rebuttable | ||||||
| 21 | presumption of a violation of this subsection. | ||||||
| 22 | (19) Failure to report to the Department any adverse | ||||||
| 23 | final action taken against the licensee by a licensing | ||||||
| 24 | authority of another state, territory of the United States, | ||||||
| 25 | or foreign country; or by any governmental or law | ||||||
| 26 | enforcement agency; or by any court for acts or conduct | ||||||
| |||||||
| |||||||
| 1 | similar to acts or conduct that would constitute grounds | ||||||
| 2 | for disciplinary action under this Section. | ||||||
| 3 | (20) Failure to report to the Department the surrender | ||||||
| 4 | of a license or authorization to practice as a nursing home | ||||||
| 5 | administrator in another state or jurisdiction for acts or | ||||||
| 6 | conduct similar to acts or conduct that would constitute | ||||||
| 7 | grounds for disciplinary action under this Section. | ||||||
| 8 | (21) Failure to report to the Department any adverse | ||||||
| 9 | judgment, settlement, or award arising from a liability | ||||||
| 10 | claim related to acts or conduct similar to acts or conduct | ||||||
| 11 | that would constitute grounds for disciplinary action | ||||||
| 12 | under this Section. | ||||||
| 13 | All proceedings to suspend, revoke, place on
probationary | ||||||
| 14 | status, or take any other disciplinary action
as the Department | ||||||
| 15 | may deem proper, with regard to a license
on any of the | ||||||
| 16 | foregoing grounds, must be commenced within
5
years next after | ||||||
| 17 | receipt by the Department of (i) a
complaint
alleging the | ||||||
| 18 | commission of or notice of the conviction order
for any of the | ||||||
| 19 | acts described herein or (ii) a referral for investigation
| ||||||
| 20 | under
Section 3-108 of the Nursing Home Care Act. | ||||||
| 21 | The entry of an order or judgment by any circuit court | ||||||
| 22 | establishing that
any person holding a license under this Act | ||||||
| 23 | is a person in need of mental
treatment operates as a | ||||||
| 24 | suspension of that license. That person may resume
their | ||||||
| 25 | practice only upon the entry of a Department order based upon a
| ||||||
| 26 | finding by the Board that they have been determined to
be | ||||||
| |||||||
| |||||||
| 1 | recovered from mental illness by the court and upon the
Board's | ||||||
| 2 | recommendation that they be permitted to resume their practice. | ||||||
| 3 | The Department, upon the recommendation of the
Board, may
| ||||||
| 4 | adopt rules which set forth
standards to be used in determining | ||||||
| 5 | what constitutes: | ||||||
| 6 | (i)
when a person will be deemed sufficiently
| ||||||
| 7 | rehabilitated to warrant the public trust; | ||||||
| 8 | (ii)
dishonorable, unethical or
unprofessional conduct | ||||||
| 9 | of a character likely to deceive,
defraud, or harm the | ||||||
| 10 | public; | ||||||
| 11 | (iii)
immoral conduct in the commission
of any act | ||||||
| 12 | related to the licensee's practice; and | ||||||
| 13 | (iv)
professional incompetence in the practice
of | ||||||
| 14 | nursing home administration. | ||||||
| 15 | However, no such rule shall be admissible into evidence
in | ||||||
| 16 | any civil action except for review of a licensing or
other | ||||||
| 17 | disciplinary action under this Act. | ||||||
| 18 | In enforcing this Section, the Department or Board, upon a | ||||||
| 19 | showing of a
possible
violation,
may compel any individual | ||||||
| 20 | licensed to practice under this
Act, or who has applied for | ||||||
| 21 | licensure
pursuant to this Act, to submit to a mental or | ||||||
| 22 | physical
examination, or both, as required by and at the | ||||||
| 23 | expense of
the Department. The examining physician or | ||||||
| 24 | physicians shall
be those specifically designated by the | ||||||
| 25 | Department or Board.
The Department or Board may order the | ||||||
| 26 | examining physician to present
testimony
concerning this | ||||||
| |||||||
| |||||||
| 1 | mental or physical examination of the licensee or applicant. No
| ||||||
| 2 | information shall be excluded by reason of any common law or | ||||||
| 3 | statutory
privilege relating to communications between the | ||||||
| 4 | licensee or applicant and the
examining physician.
The | ||||||
| 5 | individual to be examined may have, at his or her own
expense, | ||||||
| 6 | another physician of his or her choice present
during all | ||||||
| 7 | aspects of the examination. Failure of any
individual to submit | ||||||
| 8 | to mental or physical examination, when
directed, shall be | ||||||
| 9 | grounds for suspension of his or her
license until such time as | ||||||
| 10 | the individual submits to the
examination if the Department | ||||||
| 11 | finds, after notice
and hearing, that the refusal to submit to | ||||||
| 12 | the examination
was without reasonable cause. | ||||||
| 13 | If the Department or Board
finds an individual unable to | ||||||
| 14 | practice
because of the reasons
set forth in this Section, the | ||||||
| 15 | Department or Board shall
require such individual to submit to | ||||||
| 16 | care, counseling, or
treatment by physicians approved or | ||||||
| 17 | designated by the
Department or Board, as a condition, term, or | ||||||
| 18 | restriction for
continued,
reinstated, or renewed licensure to | ||||||
| 19 | practice; or in lieu of care, counseling,
or
treatment, the | ||||||
| 20 | Department may file, or the Board may recommend to the
| ||||||
| 21 | Department to
file, a complaint to
immediately suspend, revoke, | ||||||
| 22 | or otherwise discipline the license of the
individual.
Any | ||||||
| 23 | individual whose license was granted pursuant to
this Act or | ||||||
| 24 | continued, reinstated, renewed,
disciplined or supervised, | ||||||
| 25 | subject to such terms, conditions
or restrictions who shall | ||||||
| 26 | fail to comply with such terms,
conditions or restrictions
| ||||||
| |||||||
| |||||||
| 1 | shall be referred to the Secretary
for a
determination as to | ||||||
| 2 | whether the licensee shall have his or her
license suspended | ||||||
| 3 | immediately, pending a hearing by the
Department. In instances | ||||||
| 4 | in which the Secretary
immediately suspends a license under | ||||||
| 5 | this Section, a hearing
upon such person's license must be | ||||||
| 6 | convened by the
Board within 30
days after such suspension and
| ||||||
| 7 | completed without appreciable delay. The Department and Board
| ||||||
| 8 | shall have the authority to review the subject administrator's
| ||||||
| 9 | record of treatment and counseling regarding the impairment,
to | ||||||
| 10 | the extent permitted by applicable federal statutes and
| ||||||
| 11 | regulations safeguarding the confidentiality of medical | ||||||
| 12 | records. | ||||||
| 13 | An individual licensed under this Act, affected under
this | ||||||
| 14 | Section, shall be afforded an opportunity to
demonstrate to the | ||||||
| 15 | Department or Board that he or she can
resume
practice in | ||||||
| 16 | compliance with acceptable and prevailing
standards under the | ||||||
| 17 | provisions of his or her license. | ||||||
| 18 | (b) Any individual or
organization acting in good faith, | ||||||
| 19 | and not in a wilful and
wanton manner, in complying with this | ||||||
| 20 | Act by providing any
report or other information to the | ||||||
| 21 | Department, or
assisting in the investigation or preparation of | ||||||
| 22 | such
information, or by participating in proceedings of the
| ||||||
| 23 | Department, or by serving as a member of the
Board, shall not, | ||||||
| 24 | as a result of such actions,
be subject to criminal prosecution | ||||||
| 25 | or civil damages. | ||||||
| 26 | (c) Members of the Board, and persons
retained under | ||||||
| |||||||
| |||||||
| 1 | contract to assist and advise in an investigation,
shall be | ||||||
| 2 | indemnified by the State for any actions
occurring within the | ||||||
| 3 | scope of services on or for the Board, done in good
faith
and | ||||||
| 4 | not wilful and wanton in
nature. The Attorney General shall | ||||||
| 5 | defend all such actions
unless he or she determines either that | ||||||
| 6 | there would be a
conflict of interest in such representation or | ||||||
| 7 | that the
actions complained of were not in good faith or were | ||||||
| 8 | wilful and wanton. | ||||||
| 9 | Should the Attorney General decline representation,
a | ||||||
| 10 | person entitled to indemnification under this Section shall | ||||||
| 11 | have the
right to employ counsel of his or her
choice, whose | ||||||
| 12 | fees shall be provided by the State, after
approval by the | ||||||
| 13 | Attorney General, unless there is a
determination by a court | ||||||
| 14 | that the member's actions were not
in good faith or were wilful | ||||||
| 15 | and wanton. | ||||||
| 16 | A person entitled to indemnification under this
Section | ||||||
| 17 | must notify the Attorney General within 7
days of receipt of | ||||||
| 18 | notice of the initiation of any action
involving services of | ||||||
| 19 | the Board. Failure to so
notify the Attorney General shall | ||||||
| 20 | constitute an absolute
waiver of the right to a defense and | ||||||
| 21 | indemnification. | ||||||
| 22 | The Attorney General shall determine within 7 days
after | ||||||
| 23 | receiving such notice, whether he or she will undertake to | ||||||
| 24 | represent
a
person entitled to indemnification under this | ||||||
| 25 | Section. | ||||||
| 26 | (d) The determination by a circuit court that a licensee is | ||||||
| |||||||
| |||||||
| 1 | subject to
involuntary admission or judicial admission as | ||||||
| 2 | provided in the Mental
Health and Developmental Disabilities | ||||||
| 3 | Code, as amended, operates as an
automatic suspension. Such | ||||||
| 4 | suspension will end only upon a finding by a
court that the | ||||||
| 5 | patient is no longer subject to involuntary admission or
| ||||||
| 6 | judicial admission and issues an order so finding and | ||||||
| 7 | discharging the
patient; and upon the recommendation of the | ||||||
| 8 | Board to the Secretary
that
the licensee be allowed to resume | ||||||
| 9 | his or her practice. | ||||||
| 10 | (e) The Department may refuse to issue or may suspend the | ||||||
| 11 | license of
any person who fails to file a return, or to pay the | ||||||
| 12 | tax, penalty or
interest shown in a filed return, or to pay any | ||||||
| 13 | final assessment of tax,
penalty or interest, as required by | ||||||
| 14 | any tax Act administered by the Department of Revenue, until | ||||||
| 15 | such time as the requirements of any
such tax Act are | ||||||
| 16 | satisfied. | ||||||
| 17 | (f) The Department of Public Health shall transmit to the
| ||||||
| 18 | Department a list of those facilities which receive an "A" | ||||||
| 19 | violation as
defined in Section 1-129 of the Nursing Home Care | ||||||
| 20 | Act. | ||||||
| 21 | (Source: P.A. 96-339, eff. 7-1-10; 96-1372, eff. 7-29-10; | ||||||
| 22 | 96-1551, eff. 7-1-11; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; | ||||||
| 23 | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
| 24 | Section 6-230. The Pharmacy Practice Act is amended by | ||||||
| 25 | changing Section 3 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (225 ILCS 85/3)
| ||||||
| 2 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
| 3 | Sec. 3. Definitions. For the purpose of this Act, except | ||||||
| 4 | where otherwise
limited therein:
| ||||||
| 5 | (a) "Pharmacy" or "drugstore" means and includes every | ||||||
| 6 | store, shop,
pharmacy department, or other place where | ||||||
| 7 | pharmacist
care is
provided
by a pharmacist (1) where drugs, | ||||||
| 8 | medicines, or poisons are
dispensed, sold or
offered for sale | ||||||
| 9 | at retail, or displayed for sale at retail; or
(2)
where
| ||||||
| 10 | prescriptions of physicians, dentists, advanced practice | ||||||
| 11 | nurses, physician assistants, veterinarians, podiatrists, or
| ||||||
| 12 | optometrists, within the limits of their
licenses, are
| ||||||
| 13 | compounded, filled, or dispensed; or (3) which has upon it or
| ||||||
| 14 | displayed within
it, or affixed to or used in connection with | ||||||
| 15 | it, a sign bearing the word or
words "Pharmacist", "Druggist", | ||||||
| 16 | "Pharmacy", "Pharmaceutical
Care", "Apothecary", "Drugstore",
| ||||||
| 17 | "Medicine Store", "Prescriptions", "Drugs", "Dispensary", | ||||||
| 18 | "Medicines", or any word
or words of similar or like import, | ||||||
| 19 | either in the English language
or any other language; or (4) | ||||||
| 20 | where the characteristic prescription
sign (Rx) or similar | ||||||
| 21 | design is exhibited; or (5) any store, or
shop,
or other place | ||||||
| 22 | with respect to which any of the above words, objects,
signs or | ||||||
| 23 | designs are used in any advertisement.
| ||||||
| 24 | (b) "Drugs" means and includes (l) articles recognized
in | ||||||
| 25 | the official United States Pharmacopoeia/National Formulary | ||||||
| |||||||
| |||||||
| 1 | (USP/NF),
or any supplement thereto and being intended for and | ||||||
| 2 | having for their
main use the diagnosis, cure, mitigation, | ||||||
| 3 | treatment or prevention of
disease in man or other animals, as | ||||||
| 4 | approved by the United States Food and
Drug Administration, but | ||||||
| 5 | does not include devices or their components, parts,
or | ||||||
| 6 | accessories; and (2) all other articles intended
for and having | ||||||
| 7 | for their main use the diagnosis, cure, mitigation,
treatment | ||||||
| 8 | or prevention of disease in man or other animals, as approved
| ||||||
| 9 | by the United States Food and Drug Administration, but does not | ||||||
| 10 | include
devices or their components, parts, or accessories; and | ||||||
| 11 | (3) articles
(other than food) having for their main use and | ||||||
| 12 | intended
to affect the structure or any function of the body of | ||||||
| 13 | man or other
animals; and (4) articles having for their main | ||||||
| 14 | use and intended
for use as a component or any articles | ||||||
| 15 | specified in clause (l), (2)
or (3); but does not include | ||||||
| 16 | devices or their components, parts or
accessories.
| ||||||
| 17 | (c) "Medicines" means and includes all drugs intended for
| ||||||
| 18 | human or veterinary use approved by the United States Food and | ||||||
| 19 | Drug
Administration.
| ||||||
| 20 | (d) "Practice of pharmacy" means (1) the interpretation and | ||||||
| 21 | the provision of assistance in the monitoring, evaluation, and | ||||||
| 22 | implementation of prescription drug orders; (2) the dispensing | ||||||
| 23 | of prescription drug orders; (3) participation in drug and | ||||||
| 24 | device selection; (4) drug administration limited to the | ||||||
| 25 | administration of oral, topical, injectable, and inhalation as | ||||||
| 26 | follows: in the context of patient education on the proper use | ||||||
| |||||||
| |||||||
| 1 | or delivery of medications; vaccination of patients 14 years of | ||||||
| 2 | age and older pursuant to a valid prescription or standing | ||||||
| 3 | order, by a physician licensed to practice medicine in all its | ||||||
| 4 | branches, upon completion of appropriate training, including | ||||||
| 5 | how to address contraindications and adverse reactions set | ||||||
| 6 | forth by rule, with notification to the patient's physician and | ||||||
| 7 | appropriate record retention, or pursuant to hospital pharmacy | ||||||
| 8 | and therapeutics committee policies and procedures; (5) | ||||||
| 9 | vaccination of patients ages 10 through 13 limited to the | ||||||
| 10 | Influenza (inactivated influenza vaccine and live attenuated | ||||||
| 11 | influenza intranasal vaccine) and Tdap (defined as tetanus, | ||||||
| 12 | diphtheria, acellular pertussis) vaccines, pursuant to a valid | ||||||
| 13 | prescription or standing order, by a physician licensed to | ||||||
| 14 | practice medicine in all its branches, upon completion of | ||||||
| 15 | appropriate training, including how to address | ||||||
| 16 | contraindications and adverse reactions set forth by rule, with | ||||||
| 17 | notification to the patient's physician and appropriate record | ||||||
| 18 | retention, or pursuant to hospital pharmacy and therapeutics | ||||||
| 19 | committee policies and procedures; (6) drug regimen review; (7) | ||||||
| 20 | drug or drug-related research; (8) the provision of patient | ||||||
| 21 | counseling; (9) the practice of telepharmacy; (10) the | ||||||
| 22 | provision of those acts or services necessary to provide | ||||||
| 23 | pharmacist care; (11) medication therapy management; and (12) | ||||||
| 24 | the responsibility for compounding and labeling of drugs and | ||||||
| 25 | devices (except labeling by a manufacturer, repackager, or | ||||||
| 26 | distributor of non-prescription drugs and commercially | ||||||
| |||||||
| |||||||
| 1 | packaged legend drugs and devices), proper and safe storage of | ||||||
| 2 | drugs and devices, and maintenance of required records. A | ||||||
| 3 | pharmacist who performs any of the acts defined as the practice | ||||||
| 4 | of pharmacy in this State must be actively licensed as a | ||||||
| 5 | pharmacist under this Act.
| ||||||
| 6 | (e) "Prescription" means and includes any written, oral, | ||||||
| 7 | facsimile, or
electronically transmitted order for drugs
or | ||||||
| 8 | medical devices, issued by a physician licensed to practice | ||||||
| 9 | medicine in
all its branches, dentist, veterinarian, or | ||||||
| 10 | podiatrist, or
optometrist, within the
limits of their | ||||||
| 11 | licenses, by a physician assistant in accordance with
| ||||||
| 12 | subsection (f) of Section 4, or by an advanced practice nurse | ||||||
| 13 | in
accordance with subsection (g) of Section 4, containing the
| ||||||
| 14 | following: (l) name
of the patient; (2) date when prescription | ||||||
| 15 | was issued; (3) name
and strength of drug or description of the | ||||||
| 16 | medical device prescribed;
and (4) quantity; (5) directions for | ||||||
| 17 | use; (6) prescriber's name,
address,
and signature; and (7) DEA | ||||||
| 18 | number where required, for controlled
substances.
The | ||||||
| 19 | prescription may, but is not required to, list the illness, | ||||||
| 20 | disease, or condition for which the drug or device is being | ||||||
| 21 | prescribed. DEA numbers shall not be required on inpatient drug | ||||||
| 22 | orders.
| ||||||
| 23 | (f) "Person" means and includes a natural person, | ||||||
| 24 | copartnership,
association, corporation, government entity, or | ||||||
| 25 | any other legal
entity.
| ||||||
| 26 | (g) "Department" means the Department of Financial and
| ||||||
| |||||||
| |||||||
| 1 | Professional Regulation.
| ||||||
| 2 | (h) "Board of Pharmacy" or "Board" means the State Board
of | ||||||
| 3 | Pharmacy of the Department of Financial and Professional | ||||||
| 4 | Regulation.
| ||||||
| 5 | (i) "Secretary"
means the Secretary
of Financial and | ||||||
| 6 | Professional Regulation.
| ||||||
| 7 | (j) "Drug product selection" means the interchange for a
| ||||||
| 8 | prescribed pharmaceutical product in accordance with Section | ||||||
| 9 | 25 of
this Act and Section 3.14 of the Illinois Food, Drug and | ||||||
| 10 | Cosmetic Act.
| ||||||
| 11 | (k) "Inpatient drug order" means an order issued by an | ||||||
| 12 | authorized
prescriber for a resident or patient of a facility | ||||||
| 13 | licensed under the
Nursing Home Care Act, the ID/DD Community | ||||||
| 14 | Care Act, the Specialized Mental Health Rehabilitation Act of | ||||||
| 15 | 2013, or the Hospital Licensing Act, or "An Act in relation to
| ||||||
| 16 | the founding and operation of the University of Illinois | ||||||
| 17 | Hospital and the
conduct of University of Illinois health care | ||||||
| 18 | programs", approved July 3, 1931,
as amended, or a facility | ||||||
| 19 | which is operated by the Department of Human
Services (as | ||||||
| 20 | successor to the Department of Mental Health
and Developmental | ||||||
| 21 | Disabilities) or the Department of Corrections.
| ||||||
| 22 | (k-5) "Pharmacist" means an individual health care | ||||||
| 23 | professional and
provider currently licensed by this State to | ||||||
| 24 | engage in the practice of
pharmacy.
| ||||||
| 25 | (l) "Pharmacist in charge" means the licensed pharmacist | ||||||
| 26 | whose name appears
on a pharmacy license and who is responsible | ||||||
| |||||||
| |||||||
| 1 | for all aspects of the
operation related to the practice of | ||||||
| 2 | pharmacy.
| ||||||
| 3 | (m) "Dispense" or "dispensing" means the interpretation, | ||||||
| 4 | evaluation, and implementation of a prescription drug order, | ||||||
| 5 | including the preparation and delivery of a drug or device to a | ||||||
| 6 | patient or patient's agent in a suitable container | ||||||
| 7 | appropriately labeled for subsequent administration to or use | ||||||
| 8 | by a patient in accordance with applicable State and federal | ||||||
| 9 | laws and regulations.
"Dispense" or "dispensing" does not mean | ||||||
| 10 | the physical delivery to a patient or a
patient's | ||||||
| 11 | representative in a home or institution by a designee of a | ||||||
| 12 | pharmacist
or by common carrier. "Dispense" or "dispensing" | ||||||
| 13 | also does not mean the physical delivery
of a drug or medical | ||||||
| 14 | device to a patient or patient's representative by a
| ||||||
| 15 | pharmacist's designee within a pharmacy or drugstore while the | ||||||
| 16 | pharmacist is
on duty and the pharmacy is open.
| ||||||
| 17 | (n) "Nonresident pharmacy"
means a pharmacy that is located | ||||||
| 18 | in a state, commonwealth, or territory
of the United States, | ||||||
| 19 | other than Illinois, that delivers, dispenses, or
distributes, | ||||||
| 20 | through the United States Postal Service, commercially | ||||||
| 21 | acceptable parcel delivery service, or other common
carrier, to | ||||||
| 22 | Illinois residents, any substance which requires a | ||||||
| 23 | prescription.
| ||||||
| 24 | (o) "Compounding" means the preparation and mixing of | ||||||
| 25 | components, excluding flavorings, (1) as the result of a | ||||||
| 26 | prescriber's prescription drug order or initiative based on the | ||||||
| |||||||
| |||||||
| 1 | prescriber-patient-pharmacist relationship in the course of | ||||||
| 2 | professional practice or (2) for the purpose of, or incident | ||||||
| 3 | to, research, teaching, or chemical analysis and not for sale | ||||||
| 4 | or dispensing. "Compounding" includes the preparation of drugs | ||||||
| 5 | or devices in anticipation of receiving prescription drug | ||||||
| 6 | orders based on routine, regularly observed dispensing | ||||||
| 7 | patterns. Commercially available products may be compounded | ||||||
| 8 | for dispensing to individual patients only if all of the | ||||||
| 9 | following conditions are met: (i) the commercial product is not | ||||||
| 10 | reasonably available from normal distribution channels in a | ||||||
| 11 | timely manner to meet the patient's needs and (ii) the | ||||||
| 12 | prescribing practitioner has requested that the drug be | ||||||
| 13 | compounded.
| ||||||
| 14 | (p) (Blank).
| ||||||
| 15 | (q) (Blank).
| ||||||
| 16 | (r) "Patient counseling" means the communication between a | ||||||
| 17 | pharmacist or a student pharmacist under the supervision of a | ||||||
| 18 | pharmacist and a patient or the patient's representative about | ||||||
| 19 | the patient's medication or device for the purpose of | ||||||
| 20 | optimizing proper use of prescription medications or devices. | ||||||
| 21 | "Patient counseling" may include without limitation (1) | ||||||
| 22 | obtaining a medication history; (2) acquiring a patient's | ||||||
| 23 | allergies and health conditions; (3) facilitation of the | ||||||
| 24 | patient's understanding of the intended use of the medication; | ||||||
| 25 | (4) proper directions for use; (5) significant potential | ||||||
| 26 | adverse events; (6) potential food-drug interactions; and (7) | ||||||
| |||||||
| |||||||
| 1 | the need to be compliant with the medication therapy. A | ||||||
| 2 | pharmacy technician may only participate in the following | ||||||
| 3 | aspects of patient counseling under the supervision of a | ||||||
| 4 | pharmacist: (1) obtaining medication history; (2) providing | ||||||
| 5 | the offer for counseling by a pharmacist or student pharmacist; | ||||||
| 6 | and (3) acquiring a patient's allergies and health conditions.
| ||||||
| 7 | (s) "Patient profiles" or "patient drug therapy record" | ||||||
| 8 | means the
obtaining, recording, and maintenance of patient | ||||||
| 9 | prescription
information, including prescriptions for | ||||||
| 10 | controlled substances, and
personal information.
| ||||||
| 11 | (t) (Blank).
| ||||||
| 12 | (u) "Medical device" means an instrument, apparatus, | ||||||
| 13 | implement, machine,
contrivance, implant, in vitro reagent, or | ||||||
| 14 | other similar or related article,
including any component part | ||||||
| 15 | or accessory, required under federal law to
bear the label | ||||||
| 16 | "Caution: Federal law requires dispensing by or on the order
of | ||||||
| 17 | a physician". A seller of goods and services who, only for the | ||||||
| 18 | purpose of
retail sales, compounds, sells, rents, or leases | ||||||
| 19 | medical devices shall not,
by reasons thereof, be required to | ||||||
| 20 | be a licensed pharmacy.
| ||||||
| 21 | (v) "Unique identifier" means an electronic signature, | ||||||
| 22 | handwritten
signature or initials, thumb print, or other | ||||||
| 23 | acceptable biometric
or electronic identification process as | ||||||
| 24 | approved by the Department.
| ||||||
| 25 | (w) "Current usual and customary retail price" means the | ||||||
| 26 | price that a pharmacy charges to a non-third-party payor.
| ||||||
| |||||||
| |||||||
| 1 | (x) "Automated pharmacy system" means a mechanical system | ||||||
| 2 | located within the confines of the pharmacy or remote location | ||||||
| 3 | that performs operations or activities, other than compounding | ||||||
| 4 | or administration, relative to storage, packaging, dispensing, | ||||||
| 5 | or distribution of medication, and which collects, controls, | ||||||
| 6 | and maintains all transaction information. | ||||||
| 7 | (y) "Drug regimen review" means and includes the evaluation | ||||||
| 8 | of prescription drug orders and patient records for (1)
known | ||||||
| 9 | allergies; (2) drug or potential therapy contraindications;
| ||||||
| 10 | (3) reasonable dose, duration of use, and route of | ||||||
| 11 | administration, taking into consideration factors such as age, | ||||||
| 12 | gender, and contraindications; (4) reasonable directions for | ||||||
| 13 | use; (5) potential or actual adverse drug reactions; (6) | ||||||
| 14 | drug-drug interactions; (7) drug-food interactions; (8) | ||||||
| 15 | drug-disease contraindications; (9) therapeutic duplication; | ||||||
| 16 | (10) patient laboratory values when authorized and available; | ||||||
| 17 | (11) proper utilization (including over or under utilization) | ||||||
| 18 | and optimum therapeutic outcomes; and (12) abuse and misuse.
| ||||||
| 19 | (z) "Electronic transmission prescription" means any | ||||||
| 20 | prescription order for which a facsimile or electronic image of | ||||||
| 21 | the order is electronically transmitted from a licensed | ||||||
| 22 | prescriber to a pharmacy. "Electronic transmission | ||||||
| 23 | prescription" includes both data and image prescriptions.
| ||||||
| 24 | (aa) "Medication therapy management services" means a | ||||||
| 25 | distinct service or group of services offered by licensed | ||||||
| 26 | pharmacists, physicians licensed to practice medicine in all | ||||||
| |||||||
| |||||||
| 1 | its branches, advanced practice nurses authorized in a written | ||||||
| 2 | agreement with a physician licensed to practice medicine in all | ||||||
| 3 | its branches, or physician assistants authorized in guidelines | ||||||
| 4 | by a supervising physician that optimize therapeutic outcomes | ||||||
| 5 | for individual patients through improved medication use. In a | ||||||
| 6 | retail or other non-hospital pharmacy, medication therapy | ||||||
| 7 | management services shall consist of the evaluation of | ||||||
| 8 | prescription drug orders and patient medication records to | ||||||
| 9 | resolve conflicts with the following: | ||||||
| 10 | (1) known allergies; | ||||||
| 11 | (2) drug or potential therapy contraindications; | ||||||
| 12 | (3) reasonable dose, duration of use, and route of | ||||||
| 13 | administration, taking into consideration factors such as | ||||||
| 14 | age, gender, and contraindications; | ||||||
| 15 | (4) reasonable directions for use; | ||||||
| 16 | (5) potential or actual adverse drug reactions; | ||||||
| 17 | (6) drug-drug interactions; | ||||||
| 18 | (7) drug-food interactions; | ||||||
| 19 | (8) drug-disease contraindications; | ||||||
| 20 | (9) identification of therapeutic duplication; | ||||||
| 21 | (10) patient laboratory values when authorized and | ||||||
| 22 | available; | ||||||
| 23 | (11) proper utilization (including over or under | ||||||
| 24 | utilization) and optimum therapeutic outcomes; and | ||||||
| 25 | (12) drug abuse and misuse. | ||||||
| 26 | "Medication therapy management services" includes the | ||||||
| |||||||
| |||||||
| 1 | following: | ||||||
| 2 | (1) documenting the services delivered and | ||||||
| 3 | communicating the information provided to patients' | ||||||
| 4 | prescribers within an appropriate time frame, not to exceed | ||||||
| 5 | 48 hours; | ||||||
| 6 | (2) providing patient counseling designed to enhance a | ||||||
| 7 | patient's understanding and the appropriate use of his or | ||||||
| 8 | her medications; and | ||||||
| 9 | (3) providing information, support services, and | ||||||
| 10 | resources designed to enhance a patient's adherence with | ||||||
| 11 | his or her prescribed therapeutic regimens. | ||||||
| 12 | "Medication therapy management services" may also include | ||||||
| 13 | patient care functions authorized by a physician licensed to | ||||||
| 14 | practice medicine in all its branches for his or her identified | ||||||
| 15 | patient or groups of patients under specified conditions or | ||||||
| 16 | limitations in a standing order from the physician. | ||||||
| 17 | "Medication therapy management services" in a licensed | ||||||
| 18 | hospital may also include the following: | ||||||
| 19 | (1) reviewing assessments of the patient's health | ||||||
| 20 | status; and | ||||||
| 21 | (2) following protocols of a hospital pharmacy and | ||||||
| 22 | therapeutics committee with respect to the fulfillment of | ||||||
| 23 | medication orders.
| ||||||
| 24 | (bb) "Pharmacist care" means the provision by a pharmacist | ||||||
| 25 | of medication therapy management services, with or without the | ||||||
| 26 | dispensing of drugs or devices, intended to achieve outcomes | ||||||
| |||||||
| |||||||
| 1 | that improve patient health, quality of life, and comfort and | ||||||
| 2 | enhance patient safety.
| ||||||
| 3 | (cc) "Protected health information" means individually | ||||||
| 4 | identifiable health information that, except as otherwise | ||||||
| 5 | provided, is:
| ||||||
| 6 | (1) transmitted by electronic media; | ||||||
| 7 | (2) maintained in any medium set forth in the | ||||||
| 8 | definition of "electronic media" in the federal Health | ||||||
| 9 | Insurance Portability and Accountability Act; or | ||||||
| 10 | (3) transmitted or maintained in any other form or | ||||||
| 11 | medium. | ||||||
| 12 | "Protected health information" does not include | ||||||
| 13 | individually identifiable health information found in: | ||||||
| 14 | (1) education records covered by the federal Family | ||||||
| 15 | Educational Right and Privacy Act; or | ||||||
| 16 | (2) employment records held by a licensee in its role | ||||||
| 17 | as an employer. | ||||||
| 18 | (dd) "Standing order" means a specific order for a patient | ||||||
| 19 | or group of patients issued by a physician licensed to practice | ||||||
| 20 | medicine in all its branches in Illinois. | ||||||
| 21 | (ee) "Address of record" means the address recorded by the | ||||||
| 22 | Department in the applicant's or licensee's application file or | ||||||
| 23 | license file, as maintained by the Department's licensure | ||||||
| 24 | maintenance unit. | ||||||
| 25 | (ff) "Home pharmacy" means the location of a pharmacy's | ||||||
| 26 | primary operations.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 96-339, eff. 7-1-10; 96-673, eff. 1-1-10; | ||||||
| 2 | 96-1000, eff. 7-2-10; 96-1353, eff. 7-28-10; 97-38, eff. | ||||||
| 3 | 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12; 97-1043, | ||||||
| 4 | eff. 8-21-12.)
| ||||||
| 5 | Section 6-235. The Nurse Agency Licensing Act is amended by | ||||||
| 6 | changing Section 3 as follows:
| ||||||
| 7 | (225 ILCS 510/3) (from Ch. 111, par. 953)
| ||||||
| 8 | Sec. 3. Definitions. As used in this Act:
| ||||||
| 9 | (a) "Certified nurse aide" means an individual certified as | ||||||
| 10 | defined in
Section 3-206 of the Nursing Home Care Act, Section | ||||||
| 11 | 3-206 of the Specialized Mental Health Rehabilitation Act, or | ||||||
| 12 | Section 3-206 of the ID/DD Community Care Act, as now or | ||||||
| 13 | hereafter amended.
| ||||||
| 14 | (b) "Department" means the Department of Labor.
| ||||||
| 15 | (c) "Director" means the Director of Labor.
| ||||||
| 16 | (d) "Health care facility" is defined as in Section 3 of | ||||||
| 17 | the Illinois
Health Facilities Planning Act, as now or | ||||||
| 18 | hereafter amended.
| ||||||
| 19 | (e) "Licensee" means any nursing agency which is properly | ||||||
| 20 | licensed under
this Act.
| ||||||
| 21 | (f) "Nurse" means a registered nurse or a licensed | ||||||
| 22 | practical nurse as
defined in the Nurse Practice Act.
| ||||||
| 23 | (g) "Nurse agency" means any individual, firm, | ||||||
| 24 | corporation,
partnership or other legal entity that employs, | ||||||
| |||||||
| |||||||
| 1 | assigns or refers nurses
or certified nurse aides to a health | ||||||
| 2 | care facility for a
fee. The term "nurse agency" includes | ||||||
| 3 | nurses registries. The term "nurse
agency" does not include | ||||||
| 4 | services provided by home
health agencies licensed and operated | ||||||
| 5 | under the Home Health, Home Services, and Home Nursing Agency
| ||||||
| 6 | Licensing Act or a licensed or certified
individual who | ||||||
| 7 | provides his or her own services as a regular employee of a
| ||||||
| 8 | health care facility, nor does it apply to a health care | ||||||
| 9 | facility's
organizing nonsalaried employees to provide | ||||||
| 10 | services only in that
facility.
| ||||||
| 11 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 12 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 13 | Section 6-240. The Illinois Public Aid Code is amended by | ||||||
| 14 | changing Sections 5-5.2, 5-5.4, 5-5.7, 5-5f, 5-6, and 8A-11 as | ||||||
| 15 | follows:
| ||||||
| 16 | (305 ILCS 5/5-5.2) (from Ch. 23, par. 5-5.2)
| ||||||
| 17 | Sec. 5-5.2. Payment.
| ||||||
| 18 | (a) All nursing facilities that are grouped pursuant to | ||||||
| 19 | Section
5-5.1 of this Act shall receive the same rate of | ||||||
| 20 | payment for similar
services.
| ||||||
| 21 | (b) It shall be a matter of State policy that the Illinois | ||||||
| 22 | Department
shall utilize a uniform billing cycle throughout the | ||||||
| 23 | State for the
long-term care providers.
| ||||||
| 24 | (c) Notwithstanding any other provisions of this Code, the | ||||||
| |||||||
| |||||||
| 1 | methodologies for reimbursement of nursing services as | ||||||
| 2 | provided under this Article shall no longer be applicable for | ||||||
| 3 | bills payable for nursing services rendered on or after a new | ||||||
| 4 | reimbursement system based on the Resource Utilization Groups | ||||||
| 5 | (RUGs) has been fully operationalized, which shall take effect | ||||||
| 6 | for services provided on or after January 1, 2014. | ||||||
| 7 | (d) A new nursing services reimbursement methodology | ||||||
| 8 | utilizing RUGs IV 48 grouper model shall be established and may | ||||||
| 9 | include an Illinois-specific default group, as needed. The new | ||||||
| 10 | RUGs-based nursing services reimbursement methodology shall be | ||||||
| 11 | resident-driven, facility-specific, and cost-based. Costs | ||||||
| 12 | shall be annually rebased and case mix index quarterly updated. | ||||||
| 13 | The methodology shall include regional wage adjustors based on | ||||||
| 14 | the Health Service Areas (HSA) groupings in effect on April 30, | ||||||
| 15 | 2012. The Department shall assign a case mix index to each | ||||||
| 16 | resident class based on the Centers for Medicare and Medicaid | ||||||
| 17 | Services staff time measurement study utilizing an index | ||||||
| 18 | maximization approach. | ||||||
| 19 | (e) Notwithstanding any other provision of this Code, the | ||||||
| 20 | Department shall by rule develop a reimbursement methodology | ||||||
| 21 | reflective of the intensity of care and services requirements | ||||||
| 22 | of low need residents in the lowest RUG IV groupers and | ||||||
| 23 | corresponding regulations. | ||||||
| 24 | (f) Notwithstanding any other provision of this Code, on | ||||||
| 25 | and after July 1, 2012, reimbursement rates associated with the | ||||||
| 26 | nursing or support components of the current nursing facility | ||||||
| |||||||
| |||||||
| 1 | rate methodology shall not increase beyond the level effective | ||||||
| 2 | May 1, 2011 until a new reimbursement system based on the RUGs | ||||||
| 3 | IV 48 grouper model has been fully operationalized. | ||||||
| 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) Individual nursing rates for residents classified | ||||||
| 10 | in RUG IV groups PA1, PA2, BA1, and BA2 during the quarter | ||||||
| 11 | ending March 31, 2012 shall be reduced by 10%; | ||||||
| 12 | (2) Individual nursing rates for residents classified | ||||||
| 13 | in all other RUG IV groups shall be reduced by 1.0%; | ||||||
| 14 | (3) Facility rates for the capital and support | ||||||
| 15 | components shall be reduced by 1.7%. | ||||||
| 16 | (h) Notwithstanding any other provision of this Code, on | ||||||
| 17 | and after July 1, 2012, nursing facilities designated by the | ||||||
| 18 | Department of Healthcare and Family Services as "Institutions | ||||||
| 19 | for Mental Disease" and "Institutions for Mental Disease" that | ||||||
| 20 | are facilities licensed under the Specialized Mental Health | ||||||
| 21 | Rehabilitation Act of 2013 shall have the nursing, | ||||||
| 22 | socio-developmental, capital, and support components of their | ||||||
| 23 | reimbursement rate effective May 1, 2011 reduced in total by | ||||||
| 24 | 2.7%. | ||||||
| 25 | (Source: P.A. 96-1530, eff. 2-16-11; 97-689, eff. 6-14-12.)
| ||||||
| |||||||
| |||||||
| 1 | (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4) | ||||||
| 2 | Sec. 5-5.4. Standards of Payment - Department of Healthcare | ||||||
| 3 | and Family Services.
The Department of Healthcare and Family | ||||||
| 4 | Services shall develop standards of payment of
nursing facility | ||||||
| 5 | and ICF/DD services in facilities providing such services
under | ||||||
| 6 | this Article which:
| ||||||
| 7 | (1) Provide for the determination of a facility's payment
| ||||||
| 8 | for nursing facility or ICF/DD services on a prospective basis.
| ||||||
| 9 | The amount of the payment rate for all nursing facilities | ||||||
| 10 | certified by the
Department of Public Health under the ID/DD | ||||||
| 11 | Community Care Act or the Nursing Home Care Act as Intermediate
| ||||||
| 12 | Care for the Developmentally Disabled facilities, Long Term | ||||||
| 13 | Care for Under Age
22 facilities, Skilled Nursing facilities, | ||||||
| 14 | or Intermediate Care facilities
under the
medical assistance | ||||||
| 15 | program shall be prospectively established annually on the
| ||||||
| 16 | basis of historical, financial, and statistical data | ||||||
| 17 | reflecting actual costs
from prior years, which shall be | ||||||
| 18 | applied to the current rate year and updated
for inflation, | ||||||
| 19 | except that the capital cost element for newly constructed
| ||||||
| 20 | facilities shall be based upon projected budgets. The annually | ||||||
| 21 | established
payment rate shall take effect on July 1 in 1984 | ||||||
| 22 | and subsequent years. No rate
increase and no
update for | ||||||
| 23 | inflation shall be provided on or after July 1, 1994 and before
| ||||||
| 24 | January 1, 2014, unless specifically provided for in this
| ||||||
| 25 | Section.
The changes made by Public Act 93-841
extending the | ||||||
| 26 | duration of the prohibition against a rate increase or update | ||||||
| |||||||
| |||||||
| 1 | for inflation are effective retroactive to July 1, 2004.
| ||||||
| 2 | For facilities licensed by the Department of Public Health | ||||||
| 3 | under the Nursing
Home Care Act as Intermediate Care for the | ||||||
| 4 | Developmentally Disabled facilities
or Long Term Care for Under | ||||||
| 5 | Age 22 facilities, the rates taking effect on July
1, 1998 | ||||||
| 6 | shall include an increase of 3%. For facilities licensed by the
| ||||||
| 7 | Department of Public Health under the Nursing Home Care Act as | ||||||
| 8 | Skilled Nursing
facilities or Intermediate Care facilities, | ||||||
| 9 | the rates taking effect on July 1,
1998 shall include an | ||||||
| 10 | increase of 3% plus $1.10 per resident-day, as defined by
the | ||||||
| 11 | Department. For facilities licensed by the Department of Public | ||||||
| 12 | Health under the Nursing Home Care Act as Intermediate Care | ||||||
| 13 | Facilities for the Developmentally Disabled or Long Term Care | ||||||
| 14 | for Under Age 22 facilities, the rates taking effect on January | ||||||
| 15 | 1, 2006 shall include an increase of 3%.
For facilities | ||||||
| 16 | licensed by the Department of Public Health under the Nursing | ||||||
| 17 | Home Care Act as Intermediate Care Facilities for the | ||||||
| 18 | Developmentally Disabled or Long Term Care for Under Age 22 | ||||||
| 19 | facilities, the rates taking effect on January 1, 2009 shall | ||||||
| 20 | include an increase sufficient to provide a $0.50 per hour wage | ||||||
| 21 | increase for non-executive staff. | ||||||
| 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 Under | ||||||
| 25 | Age 22 facilities, the rates taking
effect on July 1, 1999 | ||||||
| 26 | shall include an increase of 1.6% plus $3.00 per
resident-day, | ||||||
| |||||||
| |||||||
| 1 | as defined by the Department. For facilities licensed by the
| ||||||
| 2 | Department of Public Health under the Nursing Home Care Act as | ||||||
| 3 | Skilled Nursing
facilities or Intermediate Care facilities, | ||||||
| 4 | the rates taking effect on July 1,
1999 shall include an | ||||||
| 5 | increase of 1.6% and, for services provided on or after
October | ||||||
| 6 | 1, 1999, shall be increased by $4.00 per resident-day, as | ||||||
| 7 | defined by
the Department.
| ||||||
| 8 | For facilities licensed by the Department of Public Health | ||||||
| 9 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
| 10 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
| 11 | Age 22 facilities, the rates taking
effect on July 1, 2000 | ||||||
| 12 | shall include an increase of 2.5% per resident-day,
as defined | ||||||
| 13 | by the Department. For facilities licensed by the Department of
| ||||||
| 14 | Public Health under the Nursing Home Care Act as Skilled | ||||||
| 15 | Nursing facilities or
Intermediate Care facilities, the rates | ||||||
| 16 | taking effect on July 1, 2000 shall
include an increase of 2.5% | ||||||
| 17 | per resident-day, as defined by the Department.
| ||||||
| 18 | For facilities licensed by the Department of Public Health | ||||||
| 19 | under the
Nursing Home Care Act as skilled nursing facilities | ||||||
| 20 | or intermediate care
facilities, a new payment methodology must | ||||||
| 21 | be implemented for the nursing
component of the rate effective | ||||||
| 22 | July 1, 2003. The Department of Public Aid
(now Healthcare and | ||||||
| 23 | Family Services) shall develop the new payment methodology | ||||||
| 24 | using the Minimum Data Set
(MDS) as the instrument to collect | ||||||
| 25 | information concerning nursing home
resident condition | ||||||
| 26 | necessary to compute the rate. The Department
shall develop the | ||||||
| |||||||
| |||||||
| 1 | new payment methodology to meet the unique needs of
Illinois | ||||||
| 2 | nursing home residents while remaining subject to the | ||||||
| 3 | appropriations
provided by the General Assembly.
A transition | ||||||
| 4 | period from the payment methodology in effect on June 30, 2003
| ||||||
| 5 | to the payment methodology in effect on July 1, 2003 shall be | ||||||
| 6 | provided for a
period not exceeding 3 years and 184 days after | ||||||
| 7 | implementation of the new payment
methodology as follows:
| ||||||
| 8 | (A) For a facility that would receive a lower
nursing | ||||||
| 9 | component rate per patient day under the new system than | ||||||
| 10 | the facility
received
effective on the date immediately | ||||||
| 11 | preceding the date that the Department
implements the new | ||||||
| 12 | payment methodology, the nursing component rate per | ||||||
| 13 | patient
day for the facility
shall be held at
the level in | ||||||
| 14 | effect on the date immediately preceding the date that the
| ||||||
| 15 | Department implements the new payment methodology until a | ||||||
| 16 | higher nursing
component rate of
reimbursement is achieved | ||||||
| 17 | by that
facility.
| ||||||
| 18 | (B) For a facility that would receive a higher nursing | ||||||
| 19 | component rate per
patient day under the payment | ||||||
| 20 | methodology in effect on July 1, 2003 than the
facility | ||||||
| 21 | received effective on the date immediately preceding the | ||||||
| 22 | date that the
Department implements the new payment | ||||||
| 23 | methodology, the nursing component rate
per patient day for | ||||||
| 24 | the facility shall be adjusted.
| ||||||
| 25 | (C) Notwithstanding paragraphs (A) and (B), the | ||||||
| 26 | nursing component rate per
patient day for the facility | ||||||
| |||||||
| |||||||
| 1 | shall be adjusted subject to appropriations
provided by the | ||||||
| 2 | General Assembly.
| ||||||
| 3 | For facilities licensed by the Department of Public Health | ||||||
| 4 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
| 5 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
| 6 | Age 22 facilities, the rates taking
effect on March 1, 2001 | ||||||
| 7 | shall include a statewide increase of 7.85%, as
defined by the | ||||||
| 8 | Department.
| ||||||
| 9 | Notwithstanding any other provision of this Section, for | ||||||
| 10 | facilities licensed by the Department of Public Health under | ||||||
| 11 | the
Nursing Home Care Act as skilled nursing facilities or | ||||||
| 12 | intermediate care
facilities, except facilities participating | ||||||
| 13 | in the Department's demonstration program pursuant to the | ||||||
| 14 | provisions of Title 77, Part 300, Subpart T of the Illinois | ||||||
| 15 | Administrative Code, the numerator of the ratio used by the | ||||||
| 16 | Department of Healthcare and Family Services to compute the | ||||||
| 17 | rate payable under this Section using the Minimum Data Set | ||||||
| 18 | (MDS) methodology shall incorporate the following annual | ||||||
| 19 | amounts as the additional funds appropriated to the Department | ||||||
| 20 | specifically to pay for rates based on the MDS nursing | ||||||
| 21 | component methodology in excess of the funding in effect on | ||||||
| 22 | December 31, 2006: | ||||||
| 23 | (i) For rates taking effect January 1, 2007, | ||||||
| 24 | $60,000,000. | ||||||
| 25 | (ii) For rates taking effect January 1, 2008, | ||||||
| 26 | $110,000,000. | ||||||
| |||||||
| |||||||
| 1 | (iii) For rates taking effect January 1, 2009, | ||||||
| 2 | $194,000,000. | ||||||
| 3 | (iv) For rates taking effect April 1, 2011, or the | ||||||
| 4 | first day of the month that begins at least 45 days after | ||||||
| 5 | the effective date of this amendatory Act of the 96th | ||||||
| 6 | General Assembly, $416,500,000 or an amount as may be | ||||||
| 7 | necessary to complete the transition to the MDS methodology | ||||||
| 8 | for the nursing component of the rate. Increased payments | ||||||
| 9 | under this item (iv) are not due and payable, however, | ||||||
| 10 | until (i) the methodologies described in this paragraph are | ||||||
| 11 | approved by the federal government in an appropriate State | ||||||
| 12 | Plan amendment and (ii) the assessment imposed by Section | ||||||
| 13 | 5B-2 of this Code is determined to be a permissible tax | ||||||
| 14 | under Title XIX of the Social Security Act. | ||||||
| 15 | Notwithstanding any other provision of this Section, for | ||||||
| 16 | facilities licensed by the Department of Public Health under | ||||||
| 17 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
| 18 | intermediate care facilities, the support component of the | ||||||
| 19 | rates taking effect on January 1, 2008 shall be computed using | ||||||
| 20 | the most recent cost reports on file with the Department of | ||||||
| 21 | Healthcare and Family Services no later than April 1, 2005, | ||||||
| 22 | updated for inflation to January 1, 2006. | ||||||
| 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 Under | ||||||
| 26 | Age 22 facilities, the rates taking
effect on April 1, 2002 | ||||||
| |||||||
| |||||||
| 1 | shall include a statewide increase of 2.0%, as
defined by the | ||||||
| 2 | Department.
This increase terminates on July 1, 2002;
beginning | ||||||
| 3 | July 1, 2002 these rates are reduced to the level of the rates
| ||||||
| 4 | in effect on March 31, 2002, as defined by the Department.
| ||||||
| 5 | For facilities licensed by the Department of Public Health | ||||||
| 6 | under the
Nursing Home Care Act as skilled nursing facilities | ||||||
| 7 | or intermediate care
facilities, the rates taking effect on | ||||||
| 8 | July 1, 2001 shall be computed using the most recent cost | ||||||
| 9 | reports
on file with the Department of Public Aid no later than | ||||||
| 10 | April 1, 2000,
updated for inflation to January 1, 2001. For | ||||||
| 11 | rates effective July 1, 2001
only, rates shall be the greater | ||||||
| 12 | of the rate computed for July 1, 2001
or the rate effective on | ||||||
| 13 | June 30, 2001.
| ||||||
| 14 | Notwithstanding any other provision of this Section, for | ||||||
| 15 | facilities
licensed by the Department of Public Health under | ||||||
| 16 | the Nursing Home Care Act
as skilled nursing facilities or | ||||||
| 17 | intermediate care facilities, the Illinois
Department shall | ||||||
| 18 | determine by rule the rates taking effect on July 1, 2002,
| ||||||
| 19 | which shall be 5.9% less than the rates in effect on June 30, | ||||||
| 20 | 2002.
| ||||||
| 21 | Notwithstanding any other provision of this Section, for | ||||||
| 22 | facilities
licensed by the Department of Public Health under | ||||||
| 23 | the Nursing Home Care Act as
skilled nursing
facilities or | ||||||
| 24 | intermediate care facilities, if the payment methodologies | ||||||
| 25 | required under Section 5A-12 and the waiver granted under 42 | ||||||
| 26 | CFR 433.68 are approved by the United States Centers for | ||||||
| |||||||
| |||||||
| 1 | Medicare and Medicaid Services, the rates taking effect on July | ||||||
| 2 | 1, 2004 shall be 3.0% greater than the rates in effect on June | ||||||
| 3 | 30, 2004. These rates shall take
effect only upon approval and
| ||||||
| 4 | implementation of the payment methodologies required under | ||||||
| 5 | Section 5A-12.
| ||||||
| 6 | Notwithstanding any other provisions 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 rates taking effect on | ||||||
| 10 | January 1, 2005 shall be 3% more than the rates in effect on | ||||||
| 11 | December 31, 2004.
| ||||||
| 12 | Notwithstanding any other provision of this Section, for | ||||||
| 13 | facilities licensed by the Department of Public Health under | ||||||
| 14 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
| 15 | intermediate care facilities, effective January 1, 2009, the | ||||||
| 16 | per diem support component of the rates effective on January 1, | ||||||
| 17 | 2008, computed using the most recent cost reports on file with | ||||||
| 18 | the Department of Healthcare and Family Services no later than | ||||||
| 19 | April 1, 2005, updated for inflation to January 1, 2006, shall | ||||||
| 20 | be increased to the amount that would have been derived using | ||||||
| 21 | standard Department of Healthcare and Family Services methods, | ||||||
| 22 | procedures, and inflators. | ||||||
| 23 | Notwithstanding any other provisions of this Section, for | ||||||
| 24 | facilities licensed by the Department of Public Health under | ||||||
| 25 | the Nursing Home Care Act as intermediate care facilities that | ||||||
| 26 | are federally defined as Institutions for Mental Disease, or | ||||||
| |||||||
| |||||||
| 1 | facilities licensed by the Department of Public Health under | ||||||
| 2 | the Specialized Mental Health Rehabilitation Act of 2013, a | ||||||
| 3 | socio-development component rate equal to 6.6% of the | ||||||
| 4 | facility's nursing component rate as of January 1, 2006 shall | ||||||
| 5 | be established and paid effective July 1, 2006. The | ||||||
| 6 | socio-development component of the rate shall be increased by a | ||||||
| 7 | factor of 2.53 on the first day of the month that begins at | ||||||
| 8 | least 45 days after January 11, 2008 (the effective date of | ||||||
| 9 | Public Act 95-707). As of August 1, 2008, the socio-development | ||||||
| 10 | component rate shall be equal to 6.6% of the facility's nursing | ||||||
| 11 | component rate as of January 1, 2006, multiplied by a factor of | ||||||
| 12 | 3.53. For services provided on or after April 1, 2011, or the | ||||||
| 13 | first day of the month that begins at least 45 days after the | ||||||
| 14 | effective date of this amendatory Act of the 96th General | ||||||
| 15 | Assembly, whichever is later, the Illinois Department may by | ||||||
| 16 | rule adjust these socio-development component rates, and may | ||||||
| 17 | use different adjustment methodologies for those facilities | ||||||
| 18 | participating, and those not participating, in the Illinois | ||||||
| 19 | Department's demonstration program pursuant to the provisions | ||||||
| 20 | of Title 77, Part 300, Subpart T of the Illinois Administrative | ||||||
| 21 | Code, but in no case may such rates be diminished below those | ||||||
| 22 | in effect on August 1, 2008.
| ||||||
| 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 as long-term care | ||||||
| 26 | facilities for
residents under 22 years of age, the rates | ||||||
| |||||||
| |||||||
| 1 | taking effect on July 1,
2003 shall
include a statewide | ||||||
| 2 | increase of 4%, as defined by the Department.
| ||||||
| 3 | For facilities licensed by the Department of Public Health | ||||||
| 4 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
| 5 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
| 6 | Age 22 facilities, the rates taking
effect on the first day of | ||||||
| 7 | the month that begins at least 45 days after the effective date | ||||||
| 8 | of this amendatory Act of the 95th General Assembly shall | ||||||
| 9 | include a statewide increase of 2.5%, as
defined by the | ||||||
| 10 | Department. | ||||||
| 11 | Notwithstanding any other provision of this Section, for | ||||||
| 12 | facilities licensed by the Department of Public Health under | ||||||
| 13 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
| 14 | intermediate care facilities, effective January 1, 2005, | ||||||
| 15 | facility rates shall be increased by the difference between (i) | ||||||
| 16 | a facility's per diem property, liability, and malpractice | ||||||
| 17 | insurance costs as reported in the cost report filed with the | ||||||
| 18 | Department of Public Aid and used to establish rates effective | ||||||
| 19 | July 1, 2001 and (ii) those same costs as reported in the | ||||||
| 20 | facility's 2002 cost report. These costs shall be passed | ||||||
| 21 | through to the facility without caps or limitations, except for | ||||||
| 22 | adjustments required under normal auditing procedures.
| ||||||
| 23 | Rates established effective each July 1 shall govern | ||||||
| 24 | payment
for services rendered throughout that fiscal year, | ||||||
| 25 | except that rates
established on July 1, 1996 shall be | ||||||
| 26 | increased by 6.8% for services
provided on or after January 1, | ||||||
| |||||||
| |||||||
| 1 | 1997. Such rates will be based
upon the rates calculated for | ||||||
| 2 | the year beginning July 1, 1990, and for
subsequent years | ||||||
| 3 | thereafter until June 30, 2001 shall be based on the
facility | ||||||
| 4 | cost reports
for the facility fiscal year ending at any point | ||||||
| 5 | in time during the previous
calendar year, updated to the | ||||||
| 6 | midpoint of the rate year. The cost report
shall be on file | ||||||
| 7 | with the Department no later than April 1 of the current
rate | ||||||
| 8 | year. Should the cost report not be on file by April 1, the | ||||||
| 9 | Department
shall base the rate on the latest cost report filed | ||||||
| 10 | by each skilled care
facility and intermediate care facility, | ||||||
| 11 | updated to the midpoint of the
current rate year. In | ||||||
| 12 | determining rates for services rendered on and after
July 1, | ||||||
| 13 | 1985, fixed time shall not be computed at less than zero. The
| ||||||
| 14 | Department shall not make any alterations of regulations which | ||||||
| 15 | would reduce
any component of the Medicaid rate to a level | ||||||
| 16 | below what that component would
have been utilizing in the rate | ||||||
| 17 | effective on July 1, 1984.
| ||||||
| 18 | (2) Shall take into account the actual costs incurred by | ||||||
| 19 | facilities
in providing services for recipients of skilled | ||||||
| 20 | nursing and intermediate
care services under the medical | ||||||
| 21 | assistance program.
| ||||||
| 22 | (3) Shall take into account the medical and psycho-social
| ||||||
| 23 | characteristics and needs of the patients.
| ||||||
| 24 | (4) Shall take into account the actual costs incurred by | ||||||
| 25 | facilities in
meeting licensing and certification standards | ||||||
| 26 | imposed and prescribed by the
State of Illinois, any of its | ||||||
| |||||||
| |||||||
| 1 | political subdivisions or municipalities and by
the U.S. | ||||||
| 2 | Department of Health and Human Services pursuant to Title XIX | ||||||
| 3 | of the
Social Security Act.
| ||||||
| 4 | The Department of Healthcare and Family Services
shall | ||||||
| 5 | develop precise standards for
payments to reimburse nursing | ||||||
| 6 | facilities for any utilization of
appropriate rehabilitative | ||||||
| 7 | personnel for the provision of rehabilitative
services which is | ||||||
| 8 | authorized by federal regulations, including
reimbursement for | ||||||
| 9 | services provided by qualified therapists or qualified
| ||||||
| 10 | assistants, and which is in accordance with accepted | ||||||
| 11 | professional
practices. Reimbursement also may be made for | ||||||
| 12 | utilization of other
supportive personnel under appropriate | ||||||
| 13 | supervision.
| ||||||
| 14 | The Department shall develop enhanced payments to offset | ||||||
| 15 | the additional costs incurred by a
facility serving exceptional | ||||||
| 16 | need residents and shall allocate at least $4,000,000 | ||||||
| 17 | $8,000,000 of the funds
collected from the assessment | ||||||
| 18 | established by Section 5B-2 of this Code for such payments. For
| ||||||
| 19 | the purpose of this Section, "exceptional needs" means, but | ||||||
| 20 | need not be limited to, ventilator care, tracheotomy care,
| ||||||
| 21 | bariatric care, complex wound care, and traumatic brain injury | ||||||
| 22 | care. The enhanced payments for exceptional need residents | ||||||
| 23 | under this paragraph are not due and payable, however, until | ||||||
| 24 | (i) the methodologies described in this paragraph are approved | ||||||
| 25 | by the federal government in an appropriate State Plan | ||||||
| 26 | amendment and (ii) the assessment imposed by Section 5B-2 of | ||||||
| |||||||
| |||||||
| 1 | this Code is determined to be a permissible tax under Title XIX | ||||||
| 2 | of the Social Security Act. | ||||||
| 3 | Beginning January 1, 2014 the methodologies for | ||||||
| 4 | reimbursement of nursing facility services as provided under | ||||||
| 5 | this Section 5-5.4 shall no longer be applicable for services | ||||||
| 6 | provided on or after January 1, 2014. | ||||||
| 7 | No payment increase under this Section for the MDS | ||||||
| 8 | methodology, exceptional care residents, or the | ||||||
| 9 | socio-development component rate established by Public Act | ||||||
| 10 | 96-1530 of the 96th General Assembly and funded by the | ||||||
| 11 | assessment imposed under Section 5B-2 of this Code shall be due | ||||||
| 12 | and payable until after the Department notifies the long-term | ||||||
| 13 | care providers, in writing, that the payment methodologies to | ||||||
| 14 | long-term care providers required under this Section have been | ||||||
| 15 | approved by the Centers for Medicare and Medicaid Services of | ||||||
| 16 | the U.S. Department of Health and Human Services and the | ||||||
| 17 | waivers under 42 CFR 433.68 for the assessment imposed by this | ||||||
| 18 | Section, if necessary, have been granted by the Centers for | ||||||
| 19 | Medicare and Medicaid Services of the U.S. Department of Health | ||||||
| 20 | and Human Services. Upon notification to the Department of | ||||||
| 21 | approval of the payment methodologies required under this | ||||||
| 22 | Section and the waivers granted under 42 CFR 433.68, all | ||||||
| 23 | increased payments otherwise due under this Section prior to | ||||||
| 24 | the date of notification shall be due and payable within 90 | ||||||
| 25 | days of the date federal approval is received. | ||||||
| 26 | On and after July 1, 2012, the Department shall reduce any | ||||||
| |||||||
| |||||||
| 1 | rate of reimbursement for services or other payments or alter | ||||||
| 2 | any methodologies authorized by this Code to reduce any rate of | ||||||
| 3 | reimbursement for services or other payments in accordance with | ||||||
| 4 | Section 5-5e. | ||||||
| 5 | (Source: P.A. 96-45, eff. 7-15-09; 96-339, eff. 7-1-10; 96-959, | ||||||
| 6 | eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1530, eff. 2-16-11; | ||||||
| 7 | 97-10, eff. 6-14-11; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; | ||||||
| 8 | 97-584, eff. 8-26-11; 97-689, eff. 6-14-12; 97-813, eff. | ||||||
| 9 | 7-13-12.)
| ||||||
| 10 | (305 ILCS 5/5-5.7) (from Ch. 23, par. 5-5.7)
| ||||||
| 11 | Sec. 5-5.7. Cost Reports - Audits. The Department of | ||||||
| 12 | Healthcare and Family Services shall
work with the Department | ||||||
| 13 | of Public Health to use cost report information
currently being | ||||||
| 14 | collected under provisions of the Nursing Home Care
Act, the | ||||||
| 15 | Specialized Mental Health Rehabilitation Act of 2013, and the | ||||||
| 16 | ID/DD Community Care Act. The Department of Healthcare and | ||||||
| 17 | Family Services may, in conjunction with the Department of | ||||||
| 18 | Public Health,
develop in accordance with generally accepted | ||||||
| 19 | accounting principles a
uniform chart of accounts which each | ||||||
| 20 | facility providing services under the
medical assistance | ||||||
| 21 | program shall adopt, after a reasonable period.
| ||||||
| 22 | Facilities licensed under the Nursing Home Care Act, the | ||||||
| 23 | Specialized Mental Health Rehabilitation Act of 2013, or the | ||||||
| 24 | ID/DD Community Care Act
and providers of adult developmental | ||||||
| 25 | training services certified by the
Department of Human Services | ||||||
| |||||||
| |||||||
| 1 | pursuant to
Section 15.2 of the Mental Health and Developmental | ||||||
| 2 | Disabilities Administrative
Act which provide
services to | ||||||
| 3 | clients eligible for
medical assistance under this Article are | ||||||
| 4 | responsible for submitting the
required annual cost report to | ||||||
| 5 | the Department of Healthcare and Family Services.
| ||||||
| 6 | The Department of Healthcare and Family Services
shall | ||||||
| 7 | audit the financial and statistical
records of each provider | ||||||
| 8 | participating in the medical assistance program
as a nursing | ||||||
| 9 | facility, a specialized mental health rehabilitation facility, | ||||||
| 10 | or an ICF/DD over a 3 year period,
beginning with the close of | ||||||
| 11 | the first cost reporting year. Following the
end of this 3-year | ||||||
| 12 | term, audits of the financial and statistical records
will be | ||||||
| 13 | performed each year in at least 20% of the facilities | ||||||
| 14 | participating
in the medical assistance program with at least | ||||||
| 15 | 10% being selected on a
random sample basis, and the remainder | ||||||
| 16 | selected on the basis of exceptional
profiles. All audits shall | ||||||
| 17 | be conducted in accordance with generally accepted
auditing | ||||||
| 18 | standards.
| ||||||
| 19 | The Department of Healthcare and Family Services
shall | ||||||
| 20 | establish prospective payment rates
for categories or levels of | ||||||
| 21 | services within each licensure class, in order to more | ||||||
| 22 | appropriately recognize the
individual needs of patients in | ||||||
| 23 | nursing facilities.
| ||||||
| 24 | The Department of Healthcare and Family Services
shall | ||||||
| 25 | provide, during the process of
establishing the payment rate | ||||||
| 26 | for nursing facility, specialized mental health rehabilitation | ||||||
| |||||||
| |||||||
| 1 | facility, or ICF/DD
services, or when a substantial change in | ||||||
| 2 | rates is proposed, an opportunity
for public review and comment | ||||||
| 3 | on the proposed rates prior to their becoming
effective.
| ||||||
| 4 | (Source: P.A. 96-339, eff. 7-1-10; 96-1530, eff. 2-16-11; | ||||||
| 5 | 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. | ||||||
| 6 | 7-13-12.)
| ||||||
| 7 | (305 ILCS 5/5-5f) | ||||||
| 8 | Sec. 5-5f. Elimination and limitations of medical | ||||||
| 9 | assistance services. Notwithstanding any other provision of | ||||||
| 10 | this Code to the contrary, on and after July 1, 2012: | ||||||
| 11 | (a) The following services shall no longer be a covered | ||||||
| 12 | service available under this Code: group psychotherapy for | ||||||
| 13 | residents of any facility licensed under the Nursing Home Care | ||||||
| 14 | Act or the Specialized Mental Health Rehabilitation Act of | ||||||
| 15 | 2013; and adult chiropractic services. | ||||||
| 16 | (b) The Department shall place the following limitations on | ||||||
| 17 | services: (i) the Department shall limit adult eyeglasses to | ||||||
| 18 | one pair every 2 years; (ii) the Department shall set an annual | ||||||
| 19 | limit of a maximum of 20 visits for each of the following | ||||||
| 20 | services: adult speech, hearing, and language therapy | ||||||
| 21 | services, adult occupational therapy services, and physical | ||||||
| 22 | therapy services; (iii) the Department shall limit podiatry | ||||||
| 23 | services to individuals with diabetes; (iv) the Department | ||||||
| 24 | shall pay for caesarean sections at the normal vaginal delivery | ||||||
| 25 | rate unless a caesarean section was medically necessary; (v) | ||||||
| |||||||
| |||||||
| 1 | the Department shall limit adult dental services to | ||||||
| 2 | emergencies; and (vi) effective July 1, 2012, the Department | ||||||
| 3 | shall place limitations and require concurrent review on every | ||||||
| 4 | inpatient detoxification stay to prevent repeat admissions to | ||||||
| 5 | any hospital for detoxification within 60 days of a previous | ||||||
| 6 | inpatient detoxification stay. The Department shall convene a | ||||||
| 7 | workgroup of hospitals, substance abuse providers, care | ||||||
| 8 | coordination entities, managed care plans, and other | ||||||
| 9 | stakeholders to develop recommendations for quality standards, | ||||||
| 10 | diversion to other settings, and admission criteria for | ||||||
| 11 | patients who need inpatient detoxification. | ||||||
| 12 | (c) The Department shall require prior approval of the | ||||||
| 13 | following services: wheelchair repairs, regardless of the cost | ||||||
| 14 | of the repairs, coronary artery bypass graft, and bariatric | ||||||
| 15 | surgery consistent with Medicare standards concerning patient | ||||||
| 16 | responsibility. The wholesale cost of power wheelchairs shall | ||||||
| 17 | be actual acquisition cost including all discounts. | ||||||
| 18 | (d) The Department shall establish benchmarks for | ||||||
| 19 | hospitals to measure and align payments to reduce potentially | ||||||
| 20 | preventable hospital readmissions, inpatient complications, | ||||||
| 21 | and unnecessary emergency room visits. In doing so, the | ||||||
| 22 | Department shall consider items, including, but not limited to, | ||||||
| 23 | historic and current acuity of care and historic and current | ||||||
| 24 | trends in readmission. The Department shall publish | ||||||
| 25 | provider-specific historical readmission data and anticipated | ||||||
| 26 | potentially preventable targets 60 days prior to the start of | ||||||
| |||||||
| |||||||
| 1 | the program. In the instance of readmissions, the Department | ||||||
| 2 | shall adopt policies and rates of reimbursement for services | ||||||
| 3 | and other payments provided under this Code to ensure that, by | ||||||
| 4 | June 30, 2013, expenditures to hospitals are reduced by, at a | ||||||
| 5 | minimum, $40,000,000. | ||||||
| 6 | (e) The Department shall establish utilization controls | ||||||
| 7 | for the hospice program such that it shall not pay for other | ||||||
| 8 | care services when an individual is in hospice. | ||||||
| 9 | (f) For home health services, the Department shall require | ||||||
| 10 | Medicare certification of providers participating in the | ||||||
| 11 | program, implement the Medicare face-to-face encounter rule, | ||||||
| 12 | and limit services to post-hospitalization. The Department | ||||||
| 13 | shall require providers to implement auditable electronic | ||||||
| 14 | service verification based on global positioning systems or | ||||||
| 15 | other cost-effective technology. | ||||||
| 16 | (g) For the Home Services Program operated by the | ||||||
| 17 | Department of Human Services and the Community Care Program | ||||||
| 18 | operated by the Department on Aging, the Department of Human | ||||||
| 19 | Services, in cooperation with the Department on Aging, shall | ||||||
| 20 | implement an electronic service verification based on global | ||||||
| 21 | positioning systems or other cost-effective technology. | ||||||
| 22 | (h) The Department shall not pay for hospital admissions | ||||||
| 23 | when the claim indicates a hospital acquired condition that | ||||||
| 24 | would cause Medicare to reduce its payment on the claim had the | ||||||
| 25 | claim been submitted to Medicare, nor shall the Department pay | ||||||
| 26 | for hospital admissions where a Medicare identified "never | ||||||
| |||||||
| |||||||
| 1 | event" occurred. | ||||||
| 2 | (i) The Department shall implement cost savings | ||||||
| 3 | initiatives for advanced imaging services, cardiac imaging | ||||||
| 4 | services, pain management services, and back surgery. Such | ||||||
| 5 | initiatives shall be designed to achieve annual costs savings.
| ||||||
| 6 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
| 7 | (305 ILCS 5/5-6) (from Ch. 23, par. 5-6)
| ||||||
| 8 | Sec. 5-6. Obligations incurred prior to death of a | ||||||
| 9 | recipient. Obligations incurred but not paid for at the time of | ||||||
| 10 | a recipient's death
for services authorized under Section 5-5, | ||||||
| 11 | including medical and other
care in facilities as defined in | ||||||
| 12 | the Nursing Home Care
Act, the Specialized Mental Health | ||||||
| 13 | Rehabilitation Act of 2013, or the ID/DD Community Care Act, or | ||||||
| 14 | in like facilities
not required to be licensed under that Act, | ||||||
| 15 | may be paid, subject to the
rules and regulations of the | ||||||
| 16 | Illinois Department, after the death of the recipient.
| ||||||
| 17 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 18 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 19 | (305 ILCS 5/8A-11) (from Ch. 23, par. 8A-11)
| ||||||
| 20 | Sec. 8A-11. (a) No person shall:
| ||||||
| 21 | (1) Knowingly charge a resident of a nursing home for | ||||||
| 22 | any services
provided pursuant to Article V of the Illinois | ||||||
| 23 | Public Aid Code, money or
other consideration at a rate in | ||||||
| 24 | excess of the rates established for covered
services by the | ||||||
| |||||||
| |||||||
| 1 | Illinois Department pursuant to Article V of The Illinois
| ||||||
| 2 | Public Aid Code; or
| ||||||
| 3 | (2) Knowingly charge, solicit, accept or receive, in | ||||||
| 4 | addition to any
amount otherwise authorized or required to | ||||||
| 5 | be paid pursuant to Article V of
The Illinois Public Aid | ||||||
| 6 | Code, any gift, money, donation or other consideration:
| ||||||
| 7 | (i) As a precondition to admitting or expediting | ||||||
| 8 | the admission of a
recipient or applicant, pursuant to | ||||||
| 9 | Article V of The Illinois Public Aid Code,
to a | ||||||
| 10 | long-term care facility as defined in Section 1-113 of | ||||||
| 11 | the Nursing
Home Care Act or a facility as defined in | ||||||
| 12 | Section 1-113 of the ID/DD Community Care Act or | ||||||
| 13 | Section 1-102 1-113 of the Specialized Mental Health | ||||||
| 14 | Rehabilitation Act of 2013; and
| ||||||
| 15 | (ii) As a requirement for the recipient's or | ||||||
| 16 | applicant's continued stay
in such facility when the | ||||||
| 17 | cost of the services provided therein to the
recipient | ||||||
| 18 | is paid for, in whole or in part, pursuant to Article V | ||||||
| 19 | of The
Illinois Public Aid Code.
| ||||||
| 20 | (b) Nothing herein shall prohibit a person from making a | ||||||
| 21 | voluntary
contribution, gift or donation to a long-term care | ||||||
| 22 | facility.
| ||||||
| 23 | (c) This paragraph shall not apply to agreements to provide | ||||||
| 24 | continuing
care or life care between a life care facility as | ||||||
| 25 | defined by the Life
Care Facilities Act, and a person | ||||||
| 26 | financially eligible for benefits pursuant to
Article V of The | ||||||
| |||||||
| |||||||
| 1 | Illinois Public Aid Code.
| ||||||
| 2 | (d) Any person who violates this Section shall be guilty of | ||||||
| 3 | a business
offense and fined not less than $5,000 nor more than | ||||||
| 4 | $25,000.
| ||||||
| 5 | (e) "Person", as used in this Section, means an individual, | ||||||
| 6 | corporation,
partnership, or unincorporated association.
| ||||||
| 7 | (f) The State's Attorney of the county in which the | ||||||
| 8 | facility is located
and the Attorney General shall be notified | ||||||
| 9 | by the Illinois Department of
any alleged violations of this | ||||||
| 10 | Section known to the Department.
| ||||||
| 11 | (g) The Illinois Department shall adopt rules and | ||||||
| 12 | regulations to carry
out the provisions of this Section.
| ||||||
| 13 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 14 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 15 | Section 6-245. The Elder Abuse and Neglect Act is amended | ||||||
| 16 | by changing Section 2 as follows:
| ||||||
| 17 | (320 ILCS 20/2) (from Ch. 23, par. 6602)
| ||||||
| 18 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
| 19 | context
requires otherwise:
| ||||||
| 20 | (a) "Abuse" means causing any physical, mental or sexual | ||||||
| 21 | injury to an
eligible adult, including exploitation of such | ||||||
| 22 | adult's financial resources.
| ||||||
| 23 | Nothing in this Act shall be construed to mean that an | ||||||
| 24 | eligible adult is a
victim of abuse, neglect, or self-neglect | ||||||
| |||||||
| |||||||
| 1 | for the sole reason that he or she is being
furnished with or | ||||||
| 2 | relies upon treatment by spiritual means through prayer
alone, | ||||||
| 3 | in accordance with the tenets and practices of a recognized | ||||||
| 4 | church
or religious denomination.
| ||||||
| 5 | Nothing in this Act shall be construed to mean that an | ||||||
| 6 | eligible adult is a
victim of abuse because of health care | ||||||
| 7 | services provided or not provided by
licensed health care | ||||||
| 8 | professionals.
| ||||||
| 9 | (a-5) "Abuser" means a person who abuses, neglects, or | ||||||
| 10 | financially
exploits an eligible adult.
| ||||||
| 11 | (a-7) "Caregiver" means a person who either as a result of | ||||||
| 12 | a family
relationship, voluntarily, or in exchange for | ||||||
| 13 | compensation has assumed
responsibility for all or a portion of | ||||||
| 14 | the care of an eligible adult who needs
assistance with | ||||||
| 15 | activities of daily
living.
| ||||||
| 16 | (b) "Department" means the Department on Aging of the State | ||||||
| 17 | of Illinois.
| ||||||
| 18 | (c) "Director" means the Director of the Department.
| ||||||
| 19 | (d) "Domestic living situation" means a residence where the | ||||||
| 20 | eligible
adult at the time of the report lives alone or with | ||||||
| 21 | his or her family or a caregiver, or others,
or a board and | ||||||
| 22 | care home or other community-based unlicensed facility, but
is | ||||||
| 23 | not:
| ||||||
| 24 | (1) A licensed facility as defined in Section 1-113 of | ||||||
| 25 | the Nursing Home
Care Act;
| ||||||
| 26 | (1.5) A facility licensed under the ID/DD Community | ||||||
| |||||||
| |||||||
| 1 | Care Act; | ||||||
| 2 | (1.7) A facility licensed under the Specialized Mental | ||||||
| 3 | Health Rehabilitation Act of 2013;
| ||||||
| 4 | (2) A "life care facility" as defined in the Life Care | ||||||
| 5 | Facilities Act;
| ||||||
| 6 | (3) A home, institution, or other place operated by the | ||||||
| 7 | federal
government or agency thereof or by the State of | ||||||
| 8 | Illinois;
| ||||||
| 9 | (4) A hospital, sanitarium, or other institution, the | ||||||
| 10 | principal activity
or business of which is the diagnosis, | ||||||
| 11 | care, and treatment of human illness
through the | ||||||
| 12 | maintenance and operation of organized facilities | ||||||
| 13 | therefor,
which is required to be licensed under the | ||||||
| 14 | Hospital Licensing Act;
| ||||||
| 15 | (5) A "community living facility" as defined in the | ||||||
| 16 | Community Living
Facilities Licensing Act;
| ||||||
| 17 | (6) (Blank);
| ||||||
| 18 | (7) A "community-integrated living arrangement" as | ||||||
| 19 | defined in
the Community-Integrated Living Arrangements | ||||||
| 20 | Licensure and Certification Act;
| ||||||
| 21 | (8) An assisted living or shared housing establishment | ||||||
| 22 | as defined in the Assisted Living and Shared Housing Act; | ||||||
| 23 | or
| ||||||
| 24 | (9) A supportive living facility as described in | ||||||
| 25 | Section 5-5.01a of the Illinois Public Aid Code.
| ||||||
| 26 | (e) "Eligible adult" means a person 60 years of age or | ||||||
| |||||||
| |||||||
| 1 | older who
resides in a domestic living situation and is, or is | ||||||
| 2 | alleged
to be, abused, neglected, or financially exploited by | ||||||
| 3 | another individual or who neglects himself or herself.
| ||||||
| 4 | (f) "Emergency" means a situation in which an eligible | ||||||
| 5 | adult is living
in conditions presenting a risk of death or | ||||||
| 6 | physical, mental or sexual
injury and the provider agency has | ||||||
| 7 | reason to believe the eligible adult is
unable to
consent to | ||||||
| 8 | services which would alleviate that risk.
| ||||||
| 9 | (f-5) "Mandated reporter" means any of the following | ||||||
| 10 | persons
while engaged in carrying out their professional | ||||||
| 11 | duties:
| ||||||
| 12 | (1) a professional or professional's delegate while | ||||||
| 13 | engaged in: (i) social
services, (ii) law enforcement, | ||||||
| 14 | (iii) education, (iv) the care of an eligible
adult or | ||||||
| 15 | eligible adults, or (v) any of the occupations required to | ||||||
| 16 | be licensed
under
the Clinical Psychologist Licensing Act, | ||||||
| 17 | the Clinical Social Work and Social
Work Practice Act, the | ||||||
| 18 | Illinois Dental Practice Act, the Dietitian Nutritionist | ||||||
| 19 | Practice Act, the Marriage and Family Therapy Licensing | ||||||
| 20 | Act, the
Medical Practice Act of 1987, the Naprapathic | ||||||
| 21 | Practice Act, the
Nurse Practice Act, the Nursing Home
| ||||||
| 22 | Administrators Licensing and
Disciplinary Act, the | ||||||
| 23 | Illinois Occupational Therapy Practice Act, the Illinois
| ||||||
| 24 | Optometric Practice Act of 1987, the Pharmacy Practice Act, | ||||||
| 25 | the
Illinois Physical Therapy Act, the Physician Assistant | ||||||
| 26 | Practice Act of 1987,
the Podiatric Medical Practice Act of | ||||||
| |||||||
| |||||||
| 1 | 1987, the Respiratory Care Practice
Act,
the Professional | ||||||
| 2 | Counselor and
Clinical Professional Counselor Licensing | ||||||
| 3 | and Practice Act, the Illinois Speech-Language
Pathology | ||||||
| 4 | and Audiology Practice Act, the Veterinary Medicine and | ||||||
| 5 | Surgery
Practice Act of 2004, and the Illinois Public | ||||||
| 6 | Accounting Act;
| ||||||
| 7 | (2) an employee of a vocational rehabilitation | ||||||
| 8 | facility prescribed or
supervised by the Department of | ||||||
| 9 | Human Services;
| ||||||
| 10 | (3) an administrator, employee, or person providing | ||||||
| 11 | services in or through
an unlicensed community based | ||||||
| 12 | facility;
| ||||||
| 13 | (4) any religious practitioner who provides treatment | ||||||
| 14 | by prayer or spiritual means alone in accordance with the | ||||||
| 15 | tenets and practices of a recognized church or religious | ||||||
| 16 | denomination, except as to information received in any | ||||||
| 17 | confession or sacred communication enjoined by the | ||||||
| 18 | discipline of the religious denomination to be held | ||||||
| 19 | confidential;
| ||||||
| 20 | (5) field personnel of the Department of Healthcare and | ||||||
| 21 | Family Services, Department of Public
Health, and | ||||||
| 22 | Department of Human Services, and any county or
municipal | ||||||
| 23 | health department;
| ||||||
| 24 | (6) personnel of the Department of Human Services, the | ||||||
| 25 | Guardianship and
Advocacy Commission, the State Fire | ||||||
| 26 | Marshal, local fire departments, the
Department on Aging | ||||||
| |||||||
| |||||||
| 1 | and its subsidiary Area Agencies on Aging and provider
| ||||||
| 2 | agencies, and the Office of State Long Term Care Ombudsman;
| ||||||
| 3 | (7) any employee of the State of Illinois not otherwise | ||||||
| 4 | specified herein
who is involved in providing services to | ||||||
| 5 | eligible adults, including
professionals providing medical | ||||||
| 6 | or rehabilitation services and all
other persons having | ||||||
| 7 | direct contact with eligible adults;
| ||||||
| 8 | (8) a person who performs the duties of a coroner
or | ||||||
| 9 | medical examiner; or
| ||||||
| 10 | (9) a person who performs the duties of a paramedic or | ||||||
| 11 | an emergency
medical
technician.
| ||||||
| 12 | (g) "Neglect" means
another individual's failure to | ||||||
| 13 | provide an eligible
adult with or willful withholding from an | ||||||
| 14 | eligible adult the necessities of
life including, but not | ||||||
| 15 | limited to, food, clothing, shelter or health care.
This | ||||||
| 16 | subsection does not create any new affirmative duty to provide | ||||||
| 17 | support to
eligible adults. Nothing in this Act shall be | ||||||
| 18 | construed to mean that an
eligible adult is a victim of neglect | ||||||
| 19 | because of health care services provided
or not provided by | ||||||
| 20 | licensed health care professionals.
| ||||||
| 21 | (h) "Provider agency" means any public or nonprofit agency | ||||||
| 22 | in a planning
and service area appointed by the regional | ||||||
| 23 | administrative agency with prior
approval by the Department on | ||||||
| 24 | Aging to receive and assess reports of
alleged or suspected | ||||||
| 25 | abuse, neglect, or financial exploitation.
| ||||||
| 26 | (i) "Regional administrative agency" means any public or | ||||||
| |||||||
| |||||||
| 1 | nonprofit
agency in a planning and service area so designated | ||||||
| 2 | by the Department,
provided that the designated Area Agency on | ||||||
| 3 | Aging shall be designated the
regional administrative agency if | ||||||
| 4 | it so requests.
The Department shall assume the functions of | ||||||
| 5 | the regional administrative
agency for any planning and service | ||||||
| 6 | area where another agency is not so
designated.
| ||||||
| 7 | (i-5) "Self-neglect" means a condition that is the result | ||||||
| 8 | of an eligible adult's inability, due to physical or mental | ||||||
| 9 | impairments, or both, or a diminished capacity, to perform | ||||||
| 10 | essential self-care tasks that substantially threaten his or | ||||||
| 11 | her own health, including: providing essential food, clothing, | ||||||
| 12 | shelter, and health care; and obtaining goods and services | ||||||
| 13 | necessary to maintain physical health, mental health, | ||||||
| 14 | emotional well-being, and general safety. The term includes | ||||||
| 15 | compulsive hoarding, which is characterized by the acquisition | ||||||
| 16 | and retention of large quantities of items and materials that | ||||||
| 17 | produce an extensively cluttered living space, which | ||||||
| 18 | significantly impairs the performance of essential self-care | ||||||
| 19 | tasks or otherwise substantially threatens life or safety.
| ||||||
| 20 | (j) "Substantiated case" means a reported case of alleged | ||||||
| 21 | or suspected
abuse, neglect, financial exploitation, or | ||||||
| 22 | self-neglect in which a provider agency,
after assessment, | ||||||
| 23 | determines that there is reason to believe abuse,
neglect, or | ||||||
| 24 | financial exploitation has occurred.
| ||||||
| 25 | (Source: P.A. 96-339, eff. 7-1-10; 96-526, eff. 1-1-10; 96-572, | ||||||
| 26 | eff. 1-1-10; 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| |||||||
| |||||||
| 1 | eff. 1-1-12; 97-300, eff. 8-11-11; 97-706, eff. 6-25-12; | ||||||
| 2 | 97-813, eff. 7-13-12; 97-1141, eff. 12-28-12.)
| ||||||
| 3 | Section 6-250. The Mental Health and Developmental | ||||||
| 4 | Disabilities Code is amended by changing Section 2-107 as | ||||||
| 5 | follows:
| ||||||
| 6 | (405 ILCS 5/2-107) (from Ch. 91 1/2, par. 2-107)
| ||||||
| 7 | Sec. 2-107. Refusal of services; informing of risks.
| ||||||
| 8 | (a) An adult recipient of services or the recipient's | ||||||
| 9 | guardian,
if the recipient is under guardianship, and the | ||||||
| 10 | recipient's substitute
decision maker, if any, must be informed | ||||||
| 11 | of the recipient's right to
refuse medication or | ||||||
| 12 | electroconvulsive therapy. The recipient and the recipient's | ||||||
| 13 | guardian or substitute
decision maker shall be given the | ||||||
| 14 | opportunity to
refuse generally accepted mental health or | ||||||
| 15 | developmental disability services,
including but not limited | ||||||
| 16 | to medication or electroconvulsive therapy. If such services | ||||||
| 17 | are refused, they
shall not be given unless such services are | ||||||
| 18 | necessary to prevent the recipient
from causing serious and | ||||||
| 19 | imminent physical harm to the recipient or others and
no less | ||||||
| 20 | restrictive alternative is available.
The facility director | ||||||
| 21 | shall inform a recipient, guardian, or
substitute decision | ||||||
| 22 | maker, if any, who refuses such
services of alternate services | ||||||
| 23 | available and the risks of such alternate
services, as well as | ||||||
| 24 | the possible consequences to the recipient of refusal of
such | ||||||
| |||||||
| |||||||
| 1 | services.
| ||||||
| 2 | (b) Psychotropic medication or electroconvulsive therapy | ||||||
| 3 | may be administered
under this Section for
up to 24 hours only | ||||||
| 4 | if the circumstances leading up to the need for emergency
| ||||||
| 5 | treatment are set forth in writing in the recipient's record.
| ||||||
| 6 | (c) Administration of medication or electroconvulsive | ||||||
| 7 | therapy may not be continued unless the need
for such treatment | ||||||
| 8 | is redetermined at least every 24 hours based upon a
personal | ||||||
| 9 | examination of the recipient by a physician or a nurse under | ||||||
| 10 | the
supervision of a physician and the circumstances | ||||||
| 11 | demonstrating that need are
set forth in writing in the | ||||||
| 12 | recipient's record.
| ||||||
| 13 | (d) Neither psychotropic medication nor electroconvulsive | ||||||
| 14 | therapy may be administered under this
Section for a period in | ||||||
| 15 | excess of 72 hours, excluding Saturdays, Sundays, and
holidays, | ||||||
| 16 | unless a petition is filed under Section 2-107.1 and the | ||||||
| 17 | treatment
continues to be necessary under subsection (a) of | ||||||
| 18 | this Section. Once the
petition has been filed, treatment may | ||||||
| 19 | continue in compliance with subsections
(a), (b), and (c) of | ||||||
| 20 | this Section until the final outcome of the hearing on the
| ||||||
| 21 | petition.
| ||||||
| 22 | (e) The Department shall issue rules designed to insure | ||||||
| 23 | that in
State-operated mental health facilities psychotropic | ||||||
| 24 | medication and electroconvulsive therapy are
administered in | ||||||
| 25 | accordance with this Section and only when appropriately
| ||||||
| 26 | authorized and monitored by a physician or a nurse under the | ||||||
| |||||||
| |||||||
| 1 | supervision
of a physician
in accordance with accepted medical | ||||||
| 2 | practice. The facility director of each
mental health facility | ||||||
| 3 | not operated by the State shall issue rules designed to
insure | ||||||
| 4 | that in that facility psychotropic medication and | ||||||
| 5 | electroconvulsive therapy are administered
in
accordance with | ||||||
| 6 | this Section and only when appropriately authorized and
| ||||||
| 7 | monitored by a physician or a nurse under the supervision of a
| ||||||
| 8 | physician in accordance with accepted medical practice. Such | ||||||
| 9 | rules shall be
available for public inspection and copying | ||||||
| 10 | during normal business hours.
| ||||||
| 11 | (f) The provisions of this Section with respect to the | ||||||
| 12 | emergency
administration of psychotropic medication and | ||||||
| 13 | electroconvulsive therapy do not apply to facilities
licensed | ||||||
| 14 | under the Nursing Home Care Act, the Specialized Mental Health | ||||||
| 15 | Rehabilitation Act of 2013, or the ID/DD Community Care Act.
| ||||||
| 16 | (g) Under no circumstances may long-acting psychotropic | ||||||
| 17 | medications be
administered under this Section.
| ||||||
| 18 | (h) Whenever psychotropic medication or electroconvulsive | ||||||
| 19 | therapy is refused pursuant to subsection (a) of this Section | ||||||
| 20 | at least once that day, the physician shall determine and state | ||||||
| 21 | in writing the reasons why the recipient did not meet the | ||||||
| 22 | criteria for administration of medication or electroconvulsive | ||||||
| 23 | therapy under subsection (a) and whether the recipient meets | ||||||
| 24 | the standard for administration of psychotropic medication or | ||||||
| 25 | electroconvulsive therapy under Section 2-107.1 of this Code. | ||||||
| 26 | If the physician determines that the recipient meets the | ||||||
| |||||||
| |||||||
| 1 | standard for administration of psychotropic medication or | ||||||
| 2 | electroconvulsive therapy
under Section 2-107.1, the facility | ||||||
| 3 | director or his or her designee shall petition the court for | ||||||
| 4 | administration of psychotropic medication or electroconvulsive | ||||||
| 5 | therapy pursuant to that Section unless the facility director | ||||||
| 6 | or his or her designee states in writing in the recipient's | ||||||
| 7 | record why the filing of such a petition is not warranted. This | ||||||
| 8 | subsection (h) applies only to State-operated mental health | ||||||
| 9 | facilities. | ||||||
| 10 | (i) The Department shall conduct annual trainings for all | ||||||
| 11 | physicians and registered nurses working in State-operated | ||||||
| 12 | mental health facilities on the appropriate use of emergency | ||||||
| 13 | administration of psychotropic medication and | ||||||
| 14 | electroconvulsive therapy, standards for their use, and the | ||||||
| 15 | methods of authorization under this Section.
| ||||||
| 16 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 17 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 18 | Section 6-255. The Protection and Advocacy for Mentally Ill | ||||||
| 19 | Persons Act is amended by changing Section 3 as follows:
| ||||||
| 20 | (405 ILCS 45/3) (from Ch. 91 1/2, par. 1353)
| ||||||
| 21 | Sec. 3. Powers and Duties.
| ||||||
| 22 | (A) In order to properly exercise its powers
and duties, | ||||||
| 23 | the agency shall have the authority to:
| ||||||
| 24 | (1) Investigate incidents of abuse and neglect of | ||||||
| |||||||
| |||||||
| 1 | mentally ill persons
if the incidents are reported to the | ||||||
| 2 | agency or if there is probable cause
to believe that the | ||||||
| 3 | incidents occurred. In case of conflict with
provisions of | ||||||
| 4 | the Abused and Neglected Child Reporting Act or the Nursing
| ||||||
| 5 | Home Care Act, the provisions of those Acts shall apply.
| ||||||
| 6 | (2) Pursue administrative, legal and other appropriate | ||||||
| 7 | remedies to
ensure the protection of the rights of mentally | ||||||
| 8 | ill persons who are
receiving care and treatment in this | ||||||
| 9 | State.
| ||||||
| 10 | (3) Pursue administrative, legal and other remedies on | ||||||
| 11 | behalf of an individual who:
| ||||||
| 12 | (a) was a mentally ill individual; and
| ||||||
| 13 | (b) is a resident of this State,
but only with | ||||||
| 14 | respect to matters which occur within 90 days after the
| ||||||
| 15 | date of the discharge of such individual from a | ||||||
| 16 | facility providing care and treatment.
| ||||||
| 17 | (4) Establish a board which shall:
| ||||||
| 18 | (a) advise the protection and advocacy system on | ||||||
| 19 | policies and priorities
to be carried out in
protecting | ||||||
| 20 | and advocating the rights of mentally ill individuals; | ||||||
| 21 | and
| ||||||
| 22 | (b) include attorneys, mental health | ||||||
| 23 | professionals, individuals from the
public who are | ||||||
| 24 | knowledgeable about mental illness, a provider of | ||||||
| 25 | mental
health services, individuals who have received | ||||||
| 26 | or are receiving mental
health services and family | ||||||
| |||||||
| |||||||
| 1 | members of such individuals. At least one-half
the | ||||||
| 2 | members of the board shall be individuals who have
| ||||||
| 3 | received or are receiving mental health services or who | ||||||
| 4 | are family members
of such individuals.
| ||||||
| 5 | (5) On January 1, 1988, and on January 1 of each | ||||||
| 6 | succeeding year,
prepare and transmit to the Secretary of | ||||||
| 7 | the United States Department of
Health and Human Services | ||||||
| 8 | and to the Illinois Secretary of Human Services a report | ||||||
| 9 | describing the activities,
accomplishments and | ||||||
| 10 | expenditures of the protection and advocacy system
during | ||||||
| 11 | the most recently completed fiscal year.
| ||||||
| 12 | (B) The agency shall have access to all mental health | ||||||
| 13 | facilities as
defined in Sections 1-107 and 1-114 of the Mental | ||||||
| 14 | Health and Developmental
Disabilities Code, all facilities as | ||||||
| 15 | defined in Section 1-113 of the
Nursing Home Care Act, all | ||||||
| 16 | facilities as defined in Section 1-102 1-113 of the Specialized | ||||||
| 17 | Mental Health Rehabilitation Act of 2013, all facilities as | ||||||
| 18 | defined in Section 1-113 of the
ID/DD Community Care Act, all | ||||||
| 19 | facilities as defined in Section 2.06 of the Child
Care Act of | ||||||
| 20 | 1969, as now or hereafter amended, and all other facilities
| ||||||
| 21 | providing care or treatment to mentally ill persons. Such | ||||||
| 22 | access shall be
granted for the purposes of meeting with | ||||||
| 23 | residents and staff, informing
them of services available from | ||||||
| 24 | the agency, distributing written
information about the agency | ||||||
| 25 | and the rights of persons who are mentally
ill, conducting | ||||||
| 26 | scheduled and unscheduled visits, and performing other
| ||||||
| |||||||
| |||||||
| 1 | activities designed to protect the rights of mentally ill | ||||||
| 2 | persons.
| ||||||
| 3 | (C) The agency shall have access to all records of mentally | ||||||
| 4 | ill
persons who are receiving care or treatment from a | ||||||
| 5 | facility, subject to the
limitations of this Act, the Mental | ||||||
| 6 | Health and Developmental Disabilities
Confidentiality Act, the | ||||||
| 7 | Nursing Home Care Act and the Child Care Act of
1969, as now or | ||||||
| 8 | hereafter amended. If the mentally ill person has a legal
| ||||||
| 9 | guardian other than the State or a designee of the State, the | ||||||
| 10 | facility
director shall disclose the guardian's name, address | ||||||
| 11 | and telephone number
to the agency upon its request. In cases | ||||||
| 12 | of conflict with provisions of
the Abused and Neglected Child | ||||||
| 13 | Reporting Act and the Nursing Home Care Act,
the provisions of | ||||||
| 14 | the Abused and Neglected Child Reporting Act and the
Nursing | ||||||
| 15 | Home Care Act shall apply. The agency shall also have access, | ||||||
| 16 | for
the purpose of inspection and copying, to the records of a | ||||||
| 17 | mentally ill
person (i) who by reason of his or her mental or | ||||||
| 18 | physical condition is
unable to authorize the agency to have | ||||||
| 19 | such access; (ii) who does not have
a legal guardian or for | ||||||
| 20 | whom the State or a designee of the State is the
legal | ||||||
| 21 | guardian; and (iii) with respect to whom a complaint has been
| ||||||
| 22 | received by the agency or with respect to whom there is | ||||||
| 23 | probable cause to
believe that such person has been subjected | ||||||
| 24 | to abuse or neglect.
| ||||||
| 25 | The agency shall provide written notice
to the mentally ill | ||||||
| 26 | person and the State guardian of the nature of the
complaint | ||||||
| |||||||
| |||||||
| 1 | based upon which the agency has gained access to
the records. | ||||||
| 2 | No record or the contents of the record shall be redisclosed
by | ||||||
| 3 | the agency unless the person who is mentally ill and the State | ||||||
| 4 | guardian
are provided 7 days advance written notice, except in | ||||||
| 5 | emergency situations,
of the agency's intent to redisclose such | ||||||
| 6 | record. Within such 7-day
period, the mentally ill person or | ||||||
| 7 | the State guardian may seek an
injunction prohibiting the | ||||||
| 8 | agency's redisclosure of such record on the
grounds that such | ||||||
| 9 | redisclosure is contrary to the interests of the mentally
ill | ||||||
| 10 | person.
| ||||||
| 11 | Upon request, the authorized agency shall be entitled to | ||||||
| 12 | inspect and copy
any clinical or trust fund records of mentally | ||||||
| 13 | ill persons which may further
the agency's investigation
of | ||||||
| 14 | alleged problems affecting numbers of mentally ill persons. | ||||||
| 15 | When
required by law, any personally identifiable information | ||||||
| 16 | of mentally ill
persons shall be removed from the records. | ||||||
| 17 | However, the agency may not
inspect or copy any records or | ||||||
| 18 | other materials when the removal of
personally identifiable | ||||||
| 19 | information imposes an unreasonable burden on any
facility as | ||||||
| 20 | defined by the Mental Health and Developmental Disabilities
| ||||||
| 21 | Code, the Nursing Home Care Act, the Specialized Mental Health | ||||||
| 22 | Rehabilitation Act of 2013, or the Child Care Act of 1969, or | ||||||
| 23 | any other
facility providing care or treatment to mentally ill | ||||||
| 24 | persons.
| ||||||
| 25 | (D) Prior to instituting any legal action in a federal or | ||||||
| 26 | State
court on behalf of a mentally ill individual, an eligible | ||||||
| |||||||
| |||||||
| 1 | protection and
advocacy system, or a State agency or nonprofit
| ||||||
| 2 | organization which entered into a contract with such an | ||||||
| 3 | eligible system under
Section 104(a) of the federal Protection | ||||||
| 4 | and Advocacy for Mentally Ill
Individuals Act of 1986, shall | ||||||
| 5 | exhaust in a timely manner all
administrative remedies where | ||||||
| 6 | appropriate. If, in pursuing administrative
remedies, the | ||||||
| 7 | system, State agency or organization determines that any
matter | ||||||
| 8 | with respect to such individual will not be resolved within a
| ||||||
| 9 | reasonable time, the system, State agency or organization may | ||||||
| 10 | pursue
alternative remedies, including the initiation of | ||||||
| 11 | appropriate legal action.
| ||||||
| 12 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 13 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 14 | Section 6-260. The Developmental Disability and Mental | ||||||
| 15 | Disability Services Act is amended by changing Sections 2-3 and | ||||||
| 16 | 5-1 as follows:
| ||||||
| 17 | (405 ILCS 80/2-3) (from Ch. 91 1/2, par. 1802-3)
| ||||||
| 18 | Sec. 2-3. As used in this Article, unless the context | ||||||
| 19 | requires otherwise:
| ||||||
| 20 | (a) "Agency" means an agency or entity licensed by the | ||||||
| 21 | Department
pursuant to this Article or pursuant to the | ||||||
| 22 | Community Residential
Alternatives Licensing Act.
| ||||||
| 23 | (b) "Department" means the Department of Human Services, as | ||||||
| 24 | successor to
the Department of Mental Health and Developmental | ||||||
| |||||||
| |||||||
| 1 | Disabilities.
| ||||||
| 2 | (c) "Home-based services" means services provided to a | ||||||
| 3 | mentally disabled
adult who lives in his or her own home. These | ||||||
| 4 | services include but are
not limited to:
| ||||||
| 5 | (1) home health services;
| ||||||
| 6 | (2) case management;
| ||||||
| 7 | (3) crisis management;
| ||||||
| 8 | (4) training and assistance in self-care;
| ||||||
| 9 | (5) personal care services;
| ||||||
| 10 | (6) habilitation and rehabilitation services;
| ||||||
| 11 | (7) employment-related services;
| ||||||
| 12 | (8) respite care; and
| ||||||
| 13 | (9) other skill training that enables a person to | ||||||
| 14 | become self-supporting.
| ||||||
| 15 | (d) "Legal guardian" means a person appointed by a court of | ||||||
| 16 | competent
jurisdiction to exercise certain powers on behalf of | ||||||
| 17 | a mentally disabled adult.
| ||||||
| 18 | (e) "Mentally disabled adult" means a person over the age | ||||||
| 19 | of 18 years
who lives in his or her own home; who needs | ||||||
| 20 | home-based services,
but does not require 24-hour-a-day | ||||||
| 21 | supervision; and who has one of the
following conditions: | ||||||
| 22 | severe autism, severe mental illness, a severe or
profound | ||||||
| 23 | intellectual disability, or severe and multiple impairments.
| ||||||
| 24 | (f) In one's "own home" means that a mentally disabled | ||||||
| 25 | adult lives
alone; or that a mentally disabled adult is in | ||||||
| 26 | full-time residence with his
or her parents, legal guardian, or | ||||||
| |||||||
| |||||||
| 1 | other relatives; or that a mentally
disabled adult is in | ||||||
| 2 | full-time residence in a setting not subject to
licensure under | ||||||
| 3 | the Nursing Home Care Act, the Specialized Mental Health | ||||||
| 4 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||||||
| 5 | the Child Care Act of 1969, as
now or hereafter amended, with 3 | ||||||
| 6 | or fewer other adults unrelated to the
mentally disabled adult | ||||||
| 7 | who do not provide home-based services to the
mentally disabled | ||||||
| 8 | adult.
| ||||||
| 9 | (g) "Parent" means the biological or adoptive parent
of a | ||||||
| 10 | mentally disabled adult, or a person licensed as a
foster | ||||||
| 11 | parent under the laws of this State who acts as a mentally | ||||||
| 12 | disabled
adult's foster parent.
| ||||||
| 13 | (h) "Relative" means any of the following relationships
by | ||||||
| 14 | blood, marriage or adoption: parent, son, daughter, brother, | ||||||
| 15 | sister,
grandparent, uncle, aunt, nephew, niece, great | ||||||
| 16 | grandparent, great uncle,
great aunt, stepbrother, stepsister, | ||||||
| 17 | stepson, stepdaughter, stepparent or
first cousin.
| ||||||
| 18 | (i) "Severe autism" means a lifelong developmental | ||||||
| 19 | disability which is
typically manifested before 30 months of | ||||||
| 20 | age and is characterized by
severe disturbances in reciprocal | ||||||
| 21 | social interactions; verbal and
nonverbal communication and | ||||||
| 22 | imaginative activity; and repertoire of
activities and | ||||||
| 23 | interests. A person shall be determined severely
autistic, for | ||||||
| 24 | purposes of this Article, if both of the following are present:
| ||||||
| 25 | (1) Diagnosis consistent with the criteria for | ||||||
| 26 | autistic disorder in
the current edition of the Diagnostic | ||||||
| |||||||
| |||||||
| 1 | and Statistical Manual of Mental
Disorders.
| ||||||
| 2 | (2) Severe disturbances in reciprocal social | ||||||
| 3 | interactions; verbal and
nonverbal communication and | ||||||
| 4 | imaginative activity; repertoire of activities
and | ||||||
| 5 | interests. A determination of severe autism shall be based | ||||||
| 6 | upon a
comprehensive, documented assessment with an | ||||||
| 7 | evaluation by a licensed
clinical psychologist or | ||||||
| 8 | psychiatrist. A determination of severe autism
shall not be | ||||||
| 9 | based solely on behaviors relating to environmental, | ||||||
| 10 | cultural
or economic differences.
| ||||||
| 11 | (j) "Severe mental illness" means the manifestation of all | ||||||
| 12 | of the
following characteristics:
| ||||||
| 13 | (1) A primary diagnosis of one of the major mental | ||||||
| 14 | disorders
in the current edition of the Diagnostic and | ||||||
| 15 | Statistical Manual of Mental
Disorders listed below:
| ||||||
| 16 | (A) Schizophrenia disorder.
| ||||||
| 17 | (B) Delusional disorder.
| ||||||
| 18 | (C) Schizo-affective disorder.
| ||||||
| 19 | (D) Bipolar affective disorder.
| ||||||
| 20 | (E) Atypical psychosis.
| ||||||
| 21 | (F) Major depression, recurrent.
| ||||||
| 22 | (2) The individual's mental illness must substantially | ||||||
| 23 | impair his
or her functioning in at least 2 of the | ||||||
| 24 | following areas:
| ||||||
| 25 | (A) Self-maintenance.
| ||||||
| 26 | (B) Social functioning.
| ||||||
| |||||||
| |||||||
| 1 | (C) Activities of community living.
| ||||||
| 2 | (D) Work skills.
| ||||||
| 3 | (3) Disability must be present or expected to be | ||||||
| 4 | present for at least
one year.
| ||||||
| 5 | A determination of severe mental illness shall be based | ||||||
| 6 | upon a
comprehensive, documented assessment with an evaluation | ||||||
| 7 | by a licensed
clinical psychologist or psychiatrist, and shall | ||||||
| 8 | not be based solely on
behaviors relating to environmental, | ||||||
| 9 | cultural or economic differences.
| ||||||
| 10 | (k) "Severe or profound intellectual disability" means a | ||||||
| 11 | manifestation of all
of the following characteristics:
| ||||||
| 12 | (1) A diagnosis which meets Classification in Mental | ||||||
| 13 | Retardation or
criteria in the current edition of the | ||||||
| 14 | Diagnostic and Statistical Manual of
Mental Disorders for | ||||||
| 15 | severe or profound mental retardation (an IQ of 40 or
| ||||||
| 16 | below). This must be measured by a standardized instrument | ||||||
| 17 | for general
intellectual functioning.
| ||||||
| 18 | (2) A severe or profound level of disturbed adaptive | ||||||
| 19 | behavior. This
must be measured by a standardized adaptive | ||||||
| 20 | behavior scale or informal
appraisal by the professional in | ||||||
| 21 | keeping with illustrations in
Classification in Mental | ||||||
| 22 | Retardation, 1983.
| ||||||
| 23 | (3) Disability diagnosed before age of 18.
| ||||||
| 24 | A determination of a severe or profound intellectual | ||||||
| 25 | disability shall be based
upon a comprehensive, documented | ||||||
| 26 | assessment with an evaluation by a
licensed clinical | ||||||
| |||||||
| |||||||
| 1 | psychologist or certified school psychologist or a
| ||||||
| 2 | psychiatrist, and shall not be based solely on behaviors | ||||||
| 3 | relating to
environmental, cultural or economic differences.
| ||||||
| 4 | (l) "Severe and multiple impairments" means the | ||||||
| 5 | manifestation of all of
the following characteristics:
| ||||||
| 6 | (1) The evaluation determines the presence of a | ||||||
| 7 | developmental
disability which is expected to continue | ||||||
| 8 | indefinitely, constitutes a
substantial handicap and is | ||||||
| 9 | attributable to any of the following:
| ||||||
| 10 | (A) Intellectual disability, which is defined as | ||||||
| 11 | general intellectual
functioning that is 2 or more | ||||||
| 12 | standard deviations below the mean
concurrent with | ||||||
| 13 | impairment of adaptive behavior which is 2 or more | ||||||
| 14 | standard
deviations below the mean. Assessment of the | ||||||
| 15 | individual's intellectual
functioning must be measured | ||||||
| 16 | by a standardized instrument for general
intellectual | ||||||
| 17 | functioning.
| ||||||
| 18 | (B) Cerebral palsy.
| ||||||
| 19 | (C) Epilepsy.
| ||||||
| 20 | (D) Autism.
| ||||||
| 21 | (E) Any other condition which results in | ||||||
| 22 | impairment similar to that
caused by an intellectual | ||||||
| 23 | disability and which requires services similar to | ||||||
| 24 | those
required by intellectually disabled persons.
| ||||||
| 25 | (2) The evaluation determines multiple handicaps in | ||||||
| 26 | physical, sensory,
behavioral or cognitive functioning | ||||||
| |||||||
| |||||||
| 1 | which constitute a severe or profound
impairment | ||||||
| 2 | attributable to one or more of the following:
| ||||||
| 3 | (A) Physical functioning, which severely impairs | ||||||
| 4 | the individual's motor
performance that may be due to:
| ||||||
| 5 | (i) Neurological, psychological or physical | ||||||
| 6 | involvement resulting in a
variety of disabling | ||||||
| 7 | conditions such as hemiplegia, quadriplegia or | ||||||
| 8 | ataxia,
| ||||||
| 9 | (ii) Severe organ systems involvement such as | ||||||
| 10 | congenital heart defect,
| ||||||
| 11 | (iii) Physical abnormalities resulting in the | ||||||
| 12 | individual being
non-mobile and non-ambulatory or | ||||||
| 13 | confined to bed and receiving assistance
in | ||||||
| 14 | transferring, or
| ||||||
| 15 | (iv) The need for regular medical or nursing | ||||||
| 16 | supervision such as
gastrostomy care and feeding.
| ||||||
| 17 | Assessment of physical functioning must be based | ||||||
| 18 | on clinical medical
assessment by a physician licensed | ||||||
| 19 | to practice medicine in all its branches,
using the | ||||||
| 20 | appropriate instruments, techniques and standards of | ||||||
| 21 | measurement
required by the professional.
| ||||||
| 22 | (B) Sensory, which involves severe restriction due | ||||||
| 23 | to hearing or
visual impairment limiting the | ||||||
| 24 | individual's movement and creating
dependence in | ||||||
| 25 | completing most daily activities. Hearing impairment | ||||||
| 26 | is
defined as a loss of 70 decibels aided or speech | ||||||
| |||||||
| |||||||
| 1 | discrimination of less
than 50% aided. Visual | ||||||
| 2 | impairment is defined as 20/200 corrected in the
better | ||||||
| 3 | eye or a visual field of 20 degrees or less.
Sensory | ||||||
| 4 | functioning must be based on clinical medical | ||||||
| 5 | assessment by a
physician licensed to practice | ||||||
| 6 | medicine in all its branches using the
appropriate | ||||||
| 7 | instruments, techniques and standards of measurement | ||||||
| 8 | required
by the professional.
| ||||||
| 9 | (C) Behavioral, which involves behavior that is | ||||||
| 10 | maladaptive and presents
a danger to self or others, is | ||||||
| 11 | destructive to property by deliberately
breaking, | ||||||
| 12 | destroying or defacing objects, is disruptive by | ||||||
| 13 | fighting, or has
other socially offensive behaviors in | ||||||
| 14 | sufficient frequency or severity to
seriously limit | ||||||
| 15 | social integration. Assessment of behavioral | ||||||
| 16 | functioning
may be measured by a standardized scale or | ||||||
| 17 | informal appraisal by a clinical
psychologist or | ||||||
| 18 | psychiatrist.
| ||||||
| 19 | (D) Cognitive, which involves intellectual | ||||||
| 20 | functioning at a measured IQ
of 70 or below. Assessment | ||||||
| 21 | of cognitive functioning must be measured by a
| ||||||
| 22 | standardized instrument for general intelligence.
| ||||||
| 23 | (3) The evaluation determines that development is | ||||||
| 24 | substantially less
than expected for the age in cognitive, | ||||||
| 25 | affective or psychomotor behavior
as follows:
| ||||||
| 26 | (A) Cognitive, which involves intellectual | ||||||
| |||||||
| |||||||
| 1 | functioning at a measured IQ
of 70 or below. Assessment | ||||||
| 2 | of cognitive functioning must be measured by a
| ||||||
| 3 | standardized instrument for general intelligence.
| ||||||
| 4 | (B) Affective behavior, which involves over and | ||||||
| 5 | under responding to
stimuli in the environment and may | ||||||
| 6 | be observed in mood, attention to
awareness, or in | ||||||
| 7 | behaviors such as euphoria, anger or sadness that
| ||||||
| 8 | seriously limit integration into society. Affective | ||||||
| 9 | behavior must be based
on clinical assessment using the | ||||||
| 10 | appropriate instruments, techniques and
standards of | ||||||
| 11 | measurement required by the professional.
| ||||||
| 12 | (C) Psychomotor, which includes a severe | ||||||
| 13 | developmental delay in fine or
gross motor skills so | ||||||
| 14 | that development in self-care, social interaction,
| ||||||
| 15 | communication or physical activity will be greatly | ||||||
| 16 | delayed or restricted.
| ||||||
| 17 | (4) A determination that the disability originated | ||||||
| 18 | before the age of
18 years.
| ||||||
| 19 | A determination of severe and multiple impairments shall be | ||||||
| 20 | based upon a
comprehensive, documented assessment with an | ||||||
| 21 | evaluation by a licensed
clinical psychologist or | ||||||
| 22 | psychiatrist.
| ||||||
| 23 | If the examiner is a licensed clinical psychologist, | ||||||
| 24 | ancillary evaluation
of physical impairment, cerebral palsy or | ||||||
| 25 | epilepsy must be made by a
physician licensed to practice | ||||||
| 26 | medicine in all its branches.
| ||||||
| |||||||
| |||||||
| 1 | Regardless of the discipline of the examiner, ancillary | ||||||
| 2 | evaluation of
visual impairment must be made by an | ||||||
| 3 | ophthalmologist or a licensed optometrist.
| ||||||
| 4 | Regardless of the discipline of the examiner, ancillary | ||||||
| 5 | evaluation of
hearing impairment must be made by an | ||||||
| 6 | otolaryngologist or an audiologist
with a certificate of | ||||||
| 7 | clinical competency.
| ||||||
| 8 | The only exception to the above is in the case of a person | ||||||
| 9 | with cerebral
palsy or epilepsy who, according to the | ||||||
| 10 | eligibility criteria listed below,
has multiple impairments | ||||||
| 11 | which are only physical and sensory. In such a
case, a | ||||||
| 12 | physician licensed to practice medicine in all its branches may
| ||||||
| 13 | serve as the examiner.
| ||||||
| 14 | (m) "Twenty-four-hour-a-day supervision" means | ||||||
| 15 | 24-hour-a-day care by a
trained mental health or developmental | ||||||
| 16 | disability professional on an ongoing
basis.
| ||||||
| 17 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 18 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 19 | (405 ILCS 80/5-1) (from Ch. 91 1/2, par. 1805-1)
| ||||||
| 20 | Sec. 5-1.
As the mental health and developmental | ||||||
| 21 | disabilities or
intellectual disabilities authority for the | ||||||
| 22 | State of Illinois, the Department
of Human Services shall
have | ||||||
| 23 | the authority to license, certify and prescribe standards
| ||||||
| 24 | governing the programs and services provided under this Act, as | ||||||
| 25 | well as all
other agencies or programs which provide home-based | ||||||
| |||||||
| |||||||
| 1 | or community-based
services to the mentally disabled, except | ||||||
| 2 | those services, programs or
agencies established under or | ||||||
| 3 | otherwise subject to the Child Care Act of
1969, the | ||||||
| 4 | Specialized Mental Health Rehabilitation Act of 2013, or the | ||||||
| 5 | ID/DD Community Care Act, as now or hereafter amended, and this
| ||||||
| 6 | Act shall not be construed to limit the application of those | ||||||
| 7 | Acts.
| ||||||
| 8 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 9 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 10 | Section 6-265. The Facilities Requiring Smoke Detectors | ||||||
| 11 | Act is amended by changing Section 1 as follows:
| ||||||
| 12 | (425 ILCS 10/1) (from Ch. 127 1/2, par. 821)
| ||||||
| 13 | Sec. 1. For purposes of this Act, unless the context | ||||||
| 14 | requires otherwise:
| ||||||
| 15 | (a) "Facility" means:
| ||||||
| 16 | (1) Any long-term care facility as defined in Section | ||||||
| 17 | 1-113 of the
Nursing Home Care Act or any facility as | ||||||
| 18 | defined in Section 1-113 of the ID/DD Community Care Act or | ||||||
| 19 | the Specialized Mental Health Rehabilitation Act of 2013, | ||||||
| 20 | as amended;
| ||||||
| 21 | (2) Any community residential alternative as defined | ||||||
| 22 | in paragraph (4) of
Section 3 of the Community Residential | ||||||
| 23 | Alternatives Licensing Act, as amended;
and
| ||||||
| 24 | (3) Any child care facility as defined in Section 2.05 | ||||||
| |||||||
| |||||||
| 1 | of the Child Care
Act of 1969, as amended.
| ||||||
| 2 | (b) "Approved smoke detector" or "detector" means a smoke | ||||||
| 3 | detector of the ionization or
photoelectric type which complies | ||||||
| 4 | with all the requirements of the rules
and regulations of the | ||||||
| 5 | Illinois State Fire Marshal.
| ||||||
| 6 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 7 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 8 | Section 6-270. The Criminal Code of 2012 is amended by | ||||||
| 9 | changing Sections 12-4.4a and 26-1 as follows:
| ||||||
| 10 | (720 ILCS 5/12-4.4a)
| ||||||
| 11 | Sec. 12-4.4a. Abuse or criminal neglect of a long term care | ||||||
| 12 | facility resident; criminal abuse or neglect of an elderly | ||||||
| 13 | person or person with a disability. | ||||||
| 14 | (a) Abuse or criminal neglect of a long term care facility | ||||||
| 15 | resident. | ||||||
| 16 | (1) A person or an owner or licensee commits abuse of a | ||||||
| 17 | long term care facility resident when he or she knowingly | ||||||
| 18 | causes any physical or mental injury to, or commits any | ||||||
| 19 | sexual offense in this Code against, a resident. | ||||||
| 20 | (2) A person or an owner or licensee commits criminal | ||||||
| 21 | neglect of a long term care facility resident when he or | ||||||
| 22 | she recklessly: | ||||||
| 23 | (A) performs acts that cause a resident's life to | ||||||
| 24 | be endangered, health to be injured, or pre-existing | ||||||
| |||||||
| |||||||
| 1 | physical or mental condition to deteriorate, or that | ||||||
| 2 | create the substantial likelihood
that an elderly | ||||||
| 3 | person's or person with a disability's life
will be | ||||||
| 4 | endangered, health will be injured, or pre-existing
| ||||||
| 5 | physical or mental condition will deteriorate; | ||||||
| 6 | (B) fails to perform acts that he or she knows or | ||||||
| 7 | reasonably should know are necessary to maintain or | ||||||
| 8 | preserve the life or health of a resident, and that | ||||||
| 9 | failure causes the resident's life to be endangered, | ||||||
| 10 | health to be injured, or pre-existing physical or | ||||||
| 11 | mental condition to deteriorate, or that create the | ||||||
| 12 | substantial likelihood
that an elderly person's or | ||||||
| 13 | person with a disability's life
will be endangered, | ||||||
| 14 | health will be injured, or pre-existing
physical or | ||||||
| 15 | mental condition will deteriorate; or | ||||||
| 16 | (C) abandons a resident. | ||||||
| 17 | (3) A person or an owner or licensee commits neglect of | ||||||
| 18 | a long term care facility resident when he or she | ||||||
| 19 | negligently fails to provide adequate medical care, | ||||||
| 20 | personal care, or maintenance to the resident which results | ||||||
| 21 | in physical or mental injury or deterioration of the | ||||||
| 22 | resident's physical or mental condition. An owner or | ||||||
| 23 | licensee is guilty under this subdivision (a)(3), however, | ||||||
| 24 | only if the owner or licensee failed to exercise reasonable | ||||||
| 25 | care in the hiring, training, supervising, or providing of | ||||||
| 26 | staff or other related routine administrative | ||||||
| |||||||
| |||||||
| 1 | responsibilities. | ||||||
| 2 | (b) Criminal abuse or neglect of an elderly person or | ||||||
| 3 | person with a disability. | ||||||
| 4 | (1) A caregiver commits criminal abuse or neglect of an | ||||||
| 5 | elderly person or person with a disability when he or she | ||||||
| 6 | knowingly does any of the following: | ||||||
| 7 | (A) performs acts that cause the person's life to | ||||||
| 8 | be endangered, health to be injured, or pre-existing | ||||||
| 9 | physical or mental condition to deteriorate; | ||||||
| 10 | (B) fails to perform acts that he or she knows or | ||||||
| 11 | reasonably should know are necessary to maintain or | ||||||
| 12 | preserve the life or health of the person, and that | ||||||
| 13 | failure causes the person's life to be endangered, | ||||||
| 14 | health to be injured, or pre-existing physical or | ||||||
| 15 | mental condition to deteriorate; | ||||||
| 16 | (C) abandons the person; | ||||||
| 17 | (D) physically abuses, harasses, intimidates, or | ||||||
| 18 | interferes with the personal liberty of the person; or | ||||||
| 19 | (E) exposes the person to willful deprivation. | ||||||
| 20 | (2) It is not a defense to criminal abuse or neglect of | ||||||
| 21 | an elderly person or person with a disability that the | ||||||
| 22 | caregiver reasonably believed that the victim was not an | ||||||
| 23 | elderly person or person with a disability. | ||||||
| 24 | (c) Offense not applicable. | ||||||
| 25 | (1) Nothing in this Section applies to a physician | ||||||
| 26 | licensed to practice medicine in all its branches or a duly | ||||||
| |||||||
| |||||||
| 1 | licensed nurse providing care within the scope of his or | ||||||
| 2 | her professional judgment and within the accepted | ||||||
| 3 | standards of care within the community. | ||||||
| 4 | (2) Nothing in this Section imposes criminal liability | ||||||
| 5 | on a caregiver who made a good faith effort to provide for | ||||||
| 6 | the health and personal care of an elderly person or person | ||||||
| 7 | with a disability, but through no fault of his or her own | ||||||
| 8 | was unable to provide such care. | ||||||
| 9 | (3) Nothing in this Section applies to the medical | ||||||
| 10 | supervision, regulation, or control of the remedial care or | ||||||
| 11 | treatment of residents in a long term care facility | ||||||
| 12 | conducted for those who rely upon treatment by prayer or | ||||||
| 13 | spiritual means in accordance with the creed or tenets of | ||||||
| 14 | any well-recognized church or religious denomination as | ||||||
| 15 | described in Section 3-803 of the Nursing Home Care Act, | ||||||
| 16 | Section 1-102 3-803 of the Specialized Mental Health | ||||||
| 17 | Rehabilitation Act of 2013, or Section 3-803 of the ID/DD | ||||||
| 18 | Community Care Act. | ||||||
| 19 | (4) Nothing in this Section prohibits a caregiver from | ||||||
| 20 | providing treatment to an elderly person or person with a | ||||||
| 21 | disability by spiritual means through prayer alone and care | ||||||
| 22 | consistent therewith in lieu of medical care and treatment | ||||||
| 23 | in accordance with the tenets and practices of any church | ||||||
| 24 | or religious denomination of which the elderly person or | ||||||
| 25 | person with a disability is a member. | ||||||
| 26 | (5) Nothing in this Section limits the remedies | ||||||
| |||||||
| |||||||
| 1 | available to the victim under the Illinois Domestic | ||||||
| 2 | Violence Act of 1986. | ||||||
| 3 | (d) Sentence. | ||||||
| 4 | (1) Long term care facility. Abuse of a long term care | ||||||
| 5 | facility resident is a Class 3 felony. Criminal neglect of | ||||||
| 6 | a long term care facility resident is a Class 4 felony, | ||||||
| 7 | unless it results in the resident's death in which case it | ||||||
| 8 | is a Class 3 felony. Neglect of a long term care facility | ||||||
| 9 | resident is a petty offense. | ||||||
| 10 | (2) Caregiver. Criminal abuse or neglect of an elderly | ||||||
| 11 | person or person with a disability is a Class 3 felony, | ||||||
| 12 | unless it results in the person's death in which case it is | ||||||
| 13 | a Class 2 felony, and if imprisonment is imposed it shall | ||||||
| 14 | be for a minimum term of 3 years and a maximum term of 14 | ||||||
| 15 | years. | ||||||
| 16 | (e) Definitions. For the purposes of this Section: | ||||||
| 17 | "Abandon" means to desert or knowingly forsake a resident | ||||||
| 18 | or an
elderly person or person with a disability under
| ||||||
| 19 | circumstances in which a reasonable person
would continue to | ||||||
| 20 | provide care and custody. | ||||||
| 21 | "Caregiver" means a person who has a duty to provide for an | ||||||
| 22 | elderly person or person with a
disability's health and | ||||||
| 23 | personal care, at the elderly person or person with a | ||||||
| 24 | disability's place of residence, including, but not limited to, | ||||||
| 25 | food and nutrition, shelter, hygiene, prescribed medication, | ||||||
| 26 | and medical care and treatment, and
includes any of the | ||||||
| |||||||
| |||||||
| 1 | following: | ||||||
| 2 | (1) A parent, spouse, adult child, or other relative by | ||||||
| 3 | blood or marriage
who resides with or resides in the same | ||||||
| 4 | building with or regularly
visits
the elderly person or | ||||||
| 5 | person with a disability, knows
or reasonably should know | ||||||
| 6 | of such person's physical or mental impairment,
and knows | ||||||
| 7 | or reasonably should know that such person is unable to
| ||||||
| 8 | adequately provide for his or her own health and personal | ||||||
| 9 | care. | ||||||
| 10 | (2) A person who is employed by the elderly person or
| ||||||
| 11 | person with a disability or by
another to reside with or | ||||||
| 12 | regularly visit the elderly person or person with a | ||||||
| 13 | disability
and provide for such person's health and | ||||||
| 14 | personal care. | ||||||
| 15 | (3) A person who has agreed for consideration to reside | ||||||
| 16 | with or
regularly visit the elderly person or person with a
| ||||||
| 17 | disability and provide for such
person's health and | ||||||
| 18 | personal care. | ||||||
| 19 | (4) A person who has been appointed by a private or | ||||||
| 20 | public agency or by
a court of competent jurisdiction to | ||||||
| 21 | provide for the elderly person or
person with a | ||||||
| 22 | disability's health and personal care. | ||||||
| 23 | "Caregiver" does not include a long-term care facility | ||||||
| 24 | licensed or
certified under the Nursing Home Care Act or a | ||||||
| 25 | facility licensed or certified under the ID/DD Community Care | ||||||
| 26 | Act or the Specialized Mental Health Rehabilitation Act of | ||||||
| |||||||
| |||||||
| 1 | 2013, or any administrative, medical, or
other personnel of | ||||||
| 2 | such a facility, or a health care provider who is licensed
| ||||||
| 3 | under the Medical Practice Act of 1987 and renders care in the | ||||||
| 4 | ordinary
course of his or her profession. | ||||||
| 5 | "Elderly person" means a person 60
years of age or older | ||||||
| 6 | who is incapable of
adequately providing for his or her own | ||||||
| 7 | health and personal care. | ||||||
| 8 | "Licensee" means the individual or entity licensed to | ||||||
| 9 | operate a
facility under the Nursing Home Care Act, the | ||||||
| 10 | Specialized Mental Health Rehabilitation Act of 2013, the ID/DD | ||||||
| 11 | Community Care Act, or the Assisted Living and Shared
Housing | ||||||
| 12 | Act. | ||||||
| 13 | "Long term care facility" means a private home,
| ||||||
| 14 | institution, building, residence, or other place, whether | ||||||
| 15 | operated for
profit or not, or a county home for the infirm and | ||||||
| 16 | chronically ill operated
pursuant to Division 5-21 or 5-22 of | ||||||
| 17 | the Counties Code, or any similar
institution operated by
the | ||||||
| 18 | State of Illinois or a political subdivision thereof, which | ||||||
| 19 | provides,
through its ownership or management, personal care, | ||||||
| 20 | sheltered care, or
nursing for 3 or more persons not related to | ||||||
| 21 | the owner by blood or
marriage. The term also includes skilled | ||||||
| 22 | nursing facilities and
intermediate care facilities as defined | ||||||
| 23 | in Titles XVIII and XIX of the
federal Social Security Act and | ||||||
| 24 | assisted living establishments and shared
housing | ||||||
| 25 | establishments licensed under the Assisted Living and Shared | ||||||
| 26 | Housing
Act. | ||||||
| |||||||
| |||||||
| 1 | "Owner" means the owner a long term care facility as
| ||||||
| 2 | provided in the Nursing Home Care Act, the owner of a facility | ||||||
| 3 | as provided under the Specialized Mental Health Rehabilitation | ||||||
| 4 | Act of 2013, the owner of a facility as provided in the ID/DD | ||||||
| 5 | Community Care Act, or the owner of an assisted living or | ||||||
| 6 | shared
housing establishment as provided in the Assisted Living | ||||||
| 7 | and Shared Housing Act. | ||||||
| 8 | "Person with a disability" means a person who
suffers from | ||||||
| 9 | a permanent physical or mental impairment, resulting from
| ||||||
| 10 | disease, injury, functional disorder, or congenital condition, | ||||||
| 11 | which renders
the person incapable of adequately providing for | ||||||
| 12 | his or her own health and personal
care. | ||||||
| 13 | "Resident" means a person residing in a long term care | ||||||
| 14 | facility. | ||||||
| 15 | "Willful deprivation" has the meaning ascribed to it in | ||||||
| 16 | paragraph
(15) of Section 103 of the Illinois Domestic Violence | ||||||
| 17 | Act of 1986.
| ||||||
| 18 | (Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-38, eff. | ||||||
| 19 | 6-28-11, and 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13.)
| ||||||
| 20 | (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
| ||||||
| 21 | Sec. 26-1. Disorderly conduct.
| ||||||
| 22 | (a) A person commits disorderly conduct when he or she | ||||||
| 23 | knowingly:
| ||||||
| 24 | (1) Does any act in such unreasonable manner as to | ||||||
| 25 | alarm or disturb
another and to provoke a breach of the | ||||||
| |||||||
| |||||||
| 1 | peace;
| ||||||
| 2 | (2) Transmits or causes to be transmitted in any manner | ||||||
| 3 | to the fire
department of any city,
town, village or fire | ||||||
| 4 | protection district a false alarm of fire, knowing
at the | ||||||
| 5 | time of the transmission that there is no reasonable ground | ||||||
| 6 | for
believing that the fire exists;
| ||||||
| 7 | (3) Transmits or causes to be transmitted in any manner | ||||||
| 8 | to another a
false alarm to the effect that a bomb or other | ||||||
| 9 | explosive of any nature or a
container holding poison gas, | ||||||
| 10 | a deadly biological or chemical contaminant, or
| ||||||
| 11 | radioactive substance is concealed in a place where its | ||||||
| 12 | explosion or release
would endanger human life, knowing at | ||||||
| 13 | the time of the transmission that there
is no reasonable | ||||||
| 14 | ground for believing that the bomb, explosive or a | ||||||
| 15 | container
holding poison gas, a deadly biological or | ||||||
| 16 | chemical contaminant, or radioactive
substance is | ||||||
| 17 | concealed in the place;
| ||||||
| 18 | (3.5) Transmits or causes to be transmitted a threat of | ||||||
| 19 | destruction of a school building or school property, or a | ||||||
| 20 | threat of violence, death, or bodily harm directed against | ||||||
| 21 | persons at a school, school function, or school event, | ||||||
| 22 | whether or not school is in session;
| ||||||
| 23 | (4) Transmits or causes to be transmitted in any manner | ||||||
| 24 | to any peace
officer, public officer or public employee a | ||||||
| 25 | report to the effect that an
offense will be committed, is | ||||||
| 26 | being committed, or has been committed, knowing
at the time | ||||||
| |||||||
| |||||||
| 1 | of the transmission that there is no reasonable ground for
| ||||||
| 2 | believing that the offense will be committed, is being | ||||||
| 3 | committed, or has
been committed;
| ||||||
| 4 | (5) Transmits or causes to be transmitted a false | ||||||
| 5 | report to any public
safety agency without the reasonable | ||||||
| 6 | grounds necessary to believe that
transmitting the report | ||||||
| 7 | is necessary for the safety and welfare of the
public; or
| ||||||
| 8 | (6) Calls the number "911" for the purpose of making or | ||||||
| 9 | transmitting a
false alarm or complaint and reporting | ||||||
| 10 | information when, at the time the call
or transmission is | ||||||
| 11 | made, the person knows there is no reasonable ground for
| ||||||
| 12 | making the call or transmission and further knows that the | ||||||
| 13 | call or transmission
could result in the emergency response | ||||||
| 14 | of any public safety agency;
| ||||||
| 15 | (7) Transmits or causes to be transmitted a false | ||||||
| 16 | report to the
Department of Children and Family Services | ||||||
| 17 | under Section 4 of the "Abused and
Neglected Child | ||||||
| 18 | Reporting Act";
| ||||||
| 19 | (8) Transmits or causes to be transmitted a false | ||||||
| 20 | report to the
Department of Public Health under the Nursing | ||||||
| 21 | Home Care Act, the Specialized Mental Health | ||||||
| 22 | Rehabilitation Act of 2013, or the ID/DD Community Care | ||||||
| 23 | Act;
| ||||||
| 24 | (9) Transmits or causes to be transmitted in any manner | ||||||
| 25 | to the police
department or fire department of any | ||||||
| 26 | municipality or fire protection district,
or any privately | ||||||
| |||||||
| |||||||
| 1 | owned and operated ambulance service, a false request for | ||||||
| 2 | an
ambulance, emergency medical technician-ambulance or | ||||||
| 3 | emergency medical
technician-paramedic knowing at the time | ||||||
| 4 | there is no reasonable ground for
believing that the | ||||||
| 5 | assistance is required;
| ||||||
| 6 | (10) Transmits or causes to be transmitted a false | ||||||
| 7 | report under
Article II of "An Act in relation to victims | ||||||
| 8 | of violence and abuse",
approved September 16, 1984, as | ||||||
| 9 | amended;
| ||||||
| 10 | (11) Enters upon the property of another and for a lewd | ||||||
| 11 | or unlawful
purpose deliberately looks into a dwelling on | ||||||
| 12 | the property through any
window or other opening in it; or
| ||||||
| 13 | (12) While acting as a collection agency as defined in | ||||||
| 14 | the
Collection Agency Act or as an employee of the | ||||||
| 15 | collection agency, and
while attempting to collect an | ||||||
| 16 | alleged debt, makes a telephone call to
the alleged debtor | ||||||
| 17 | which is designed to harass, annoy or intimidate the
| ||||||
| 18 | alleged debtor.
| ||||||
| 19 | (b) Sentence. A violation of subsection (a)(1) of this | ||||||
| 20 | Section
is a Class C misdemeanor. A violation of subsection | ||||||
| 21 | (a)(5) or (a)(11) of this Section is a Class A misdemeanor. A | ||||||
| 22 | violation of subsection
(a)(8) or (a)(10) of this Section is a | ||||||
| 23 | Class B misdemeanor. A violation of
subsection (a)(2), | ||||||
| 24 | (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is | ||||||
| 25 | a Class 4
felony. A
violation of subsection (a)(3) of this | ||||||
| 26 | Section is a Class 3 felony, for which
a fine of not less than | ||||||
| |||||||
| |||||||
| 1 | $3,000 and no more than $10,000 shall be assessed in
addition | ||||||
| 2 | to any other penalty imposed.
| ||||||
| 3 | A violation of subsection (a)(12) of this Section is a | ||||||
| 4 | Business Offense and
shall be punished by a fine not to exceed | ||||||
| 5 | $3,000. A second or subsequent
violation of subsection (a)(7) | ||||||
| 6 | or (a)(5) of this Section is a Class
4 felony. A third or | ||||||
| 7 | subsequent violation of subsection (a)(11) of this Section
is a | ||||||
| 8 | Class 4 felony.
| ||||||
| 9 | (c) In addition to any other sentence that may be imposed, | ||||||
| 10 | a court shall
order any person convicted of disorderly conduct | ||||||
| 11 | to perform community service
for not less than 30 and not more | ||||||
| 12 | than 120 hours, if community service is
available in the | ||||||
| 13 | jurisdiction and is funded and approved by the county board of
| ||||||
| 14 | the county where the offense was committed. In addition, | ||||||
| 15 | whenever any person
is placed on supervision for an alleged | ||||||
| 16 | offense under this Section, the
supervision shall be | ||||||
| 17 | conditioned upon the performance of the community service.
| ||||||
| 18 | This subsection does not apply when the court imposes a | ||||||
| 19 | sentence of
incarceration. | ||||||
| 20 | (d) In addition to any other sentence that may be imposed, | ||||||
| 21 | the court shall
order any person convicted of disorderly | ||||||
| 22 | conduct under paragraph (3) of subsection (a) involving a false | ||||||
| 23 | alarm of a threat that a bomb or explosive device has been | ||||||
| 24 | placed in a school to reimburse the unit of government that | ||||||
| 25 | employs the emergency response officer or officers that were | ||||||
| 26 | dispatched to the school for the cost of the search for a bomb | ||||||
| |||||||
| |||||||
| 1 | or explosive device. For the purposes of this Section, | ||||||
| 2 | "emergency response" means any incident requiring a response by | ||||||
| 3 | a police officer, a firefighter, a State Fire Marshal employee, | ||||||
| 4 | or an ambulance. | ||||||
| 5 | (Source: P.A. 96-339, eff. 7-1-10; 96-413, eff. 8-13-09; | ||||||
| 6 | 96-772, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1261, eff. | ||||||
| 7 | 1-1-11; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. | ||||||
| 8 | 7-13-12; 97-1108, eff. 1-1-13.)
| ||||||
| 9 | Section 6-275. The Unified Code of Corrections is amended | ||||||
| 10 | by changing Section 5-5-3.2 as follows:
| ||||||
| 11 | (730 ILCS 5/5-5-3.2)
| ||||||
| 12 | Sec. 5-5-3.2. Factors in Aggravation and Extended-Term | ||||||
| 13 | Sentencing.
| ||||||
| 14 | (a) The following factors shall be accorded weight in favor | ||||||
| 15 | of
imposing a term of imprisonment or may be considered by the | ||||||
| 16 | court as reasons
to impose a more severe sentence under Section | ||||||
| 17 | 5-8-1 or Article 4.5 of Chapter V:
| ||||||
| 18 | (1) the defendant's conduct caused or threatened | ||||||
| 19 | serious harm;
| ||||||
| 20 | (2) the defendant received compensation for committing | ||||||
| 21 | the offense;
| ||||||
| 22 | (3) the defendant has a history of prior delinquency or | ||||||
| 23 | criminal activity;
| ||||||
| 24 | (4) the defendant, by the duties of his office or by | ||||||
| |||||||
| |||||||
| 1 | his position,
was obliged to prevent the particular offense | ||||||
| 2 | committed or to bring
the offenders committing it to | ||||||
| 3 | justice;
| ||||||
| 4 | (5) the defendant held public office at the time of the | ||||||
| 5 | offense,
and the offense related to the conduct of that | ||||||
| 6 | office;
| ||||||
| 7 | (6) the defendant utilized his professional reputation | ||||||
| 8 | or
position in the community to commit the offense, or to | ||||||
| 9 | afford
him an easier means of committing it;
| ||||||
| 10 | (7) the sentence is necessary to deter others from | ||||||
| 11 | committing
the same crime;
| ||||||
| 12 | (8) the defendant committed the offense against a | ||||||
| 13 | person 60 years of age
or older or such person's property;
| ||||||
| 14 | (9) the defendant committed the offense against a | ||||||
| 15 | person who is
physically handicapped or such person's | ||||||
| 16 | property;
| ||||||
| 17 | (10) by reason of another individual's actual or | ||||||
| 18 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
| 19 | sexual orientation, physical or mental
disability, or | ||||||
| 20 | national origin, the defendant committed the offense | ||||||
| 21 | against (i)
the person or property
of that individual; (ii) | ||||||
| 22 | the person or property of a person who has an
association | ||||||
| 23 | with, is married to, or has a friendship with the other | ||||||
| 24 | individual;
or (iii) the person or property of a relative | ||||||
| 25 | (by blood or marriage) of a
person described in clause (i) | ||||||
| 26 | or (ii). For the purposes of this Section,
"sexual | ||||||
| |||||||
| |||||||
| 1 | orientation" means heterosexuality, homosexuality, or | ||||||
| 2 | bisexuality;
| ||||||
| 3 | (11) the offense took place in a place of worship or on | ||||||
| 4 | the
grounds of a place of worship, immediately prior to, | ||||||
| 5 | during or immediately
following worship services. For | ||||||
| 6 | purposes of this subparagraph, "place of
worship" shall | ||||||
| 7 | mean any church, synagogue or other building, structure or
| ||||||
| 8 | place used primarily for religious worship;
| ||||||
| 9 | (12) the defendant was convicted of a felony committed | ||||||
| 10 | while he was
released on bail or his own recognizance | ||||||
| 11 | pending trial for a prior felony
and was convicted of such | ||||||
| 12 | prior felony, or the defendant was convicted of a
felony | ||||||
| 13 | committed while he was serving a period of probation,
| ||||||
| 14 | conditional discharge, or mandatory supervised release | ||||||
| 15 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
| 16 | (13) the defendant committed or attempted to commit a | ||||||
| 17 | felony while he
was wearing a bulletproof vest. For the | ||||||
| 18 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
| 19 | device which is designed for the purpose of
protecting the | ||||||
| 20 | wearer from bullets, shot or other lethal projectiles;
| ||||||
| 21 | (14) the defendant held a position of trust or | ||||||
| 22 | supervision such as, but
not limited to, family member as | ||||||
| 23 | defined in Section 11-0.1 of the Criminal Code
of 2012, | ||||||
| 24 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
| 25 | relation to a victim under 18 years of age, and the | ||||||
| 26 | defendant committed an
offense in violation of Section | ||||||
| |||||||
| |||||||
| 1 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
| 2 | 11-14.4 except for an offense that involves keeping a place | ||||||
| 3 | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
| 4 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
| 5 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 6 | of 2012
against
that victim;
| ||||||
| 7 | (15) the defendant committed an offense related to the | ||||||
| 8 | activities of an
organized gang. For the purposes of this | ||||||
| 9 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
| 10 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
| 11 | Act;
| ||||||
| 12 | (16) the defendant committed an offense in violation of | ||||||
| 13 | one of the
following Sections while in a school, regardless | ||||||
| 14 | of the time of day or time of
year; on any conveyance | ||||||
| 15 | owned, leased, or contracted by a school to transport
| ||||||
| 16 | students to or from school or a school related activity; on | ||||||
| 17 | the real property
of a school; or on a public way within | ||||||
| 18 | 1,000 feet of the real property
comprising any school: | ||||||
| 19 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
| 20 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| ||||||
| 21 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
| 22 | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | ||||||
| 23 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
| 24 | (a)(4) or (g)(1), of the Criminal Code of
1961 or the | ||||||
| 25 | Criminal Code of 2012;
| ||||||
| 26 | (16.5) the defendant committed an offense in violation | ||||||
| |||||||
| |||||||
| 1 | of one of the
following Sections while in a day care | ||||||
| 2 | center, regardless of the time of day or
time of year; on | ||||||
| 3 | the real property of a day care center, regardless of the | ||||||
| 4 | time
of day or time of year; or on a public
way within | ||||||
| 5 | 1,000 feet of the real property comprising any day care | ||||||
| 6 | center,
regardless of the time of day or time of year:
| ||||||
| 7 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
| 8 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
| 9 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
| 10 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
| 11 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
| 12 | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||||||
| 13 | Criminal Code of 2012;
| ||||||
| 14 | (17) the defendant committed the offense by reason of | ||||||
| 15 | any person's
activity as a community policing volunteer or | ||||||
| 16 | to prevent any person from
engaging in activity as a | ||||||
| 17 | community policing volunteer. For the purpose of
this | ||||||
| 18 | Section, "community policing volunteer" has the meaning | ||||||
| 19 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
| 20 | 2012;
| ||||||
| 21 | (18) the defendant committed the offense in a nursing | ||||||
| 22 | home or on the
real
property comprising a nursing home. For | ||||||
| 23 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
| 24 | skilled nursing
or intermediate long term care facility | ||||||
| 25 | that is subject to license by the
Illinois Department of | ||||||
| 26 | Public Health under the Nursing Home Care
Act, the | ||||||
| |||||||
| |||||||
| 1 | Specialized Mental Health Rehabilitation Act of 2013, or | ||||||
| 2 | the ID/DD Community Care Act;
| ||||||
| 3 | (19) the defendant was a federally licensed firearm | ||||||
| 4 | dealer
and
was
previously convicted of a violation of | ||||||
| 5 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
| 6 | Identification Card Act and has now committed either a | ||||||
| 7 | felony
violation
of the Firearm Owners Identification Card | ||||||
| 8 | Act or an act of armed violence while
armed
with a firearm; | ||||||
| 9 | (20) the defendant (i) committed the offense of | ||||||
| 10 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
| 11 | 1961 or the Criminal Code of 2012 or the offense of driving | ||||||
| 12 | under the influence of alcohol, other drug or
drugs, | ||||||
| 13 | intoxicating compound or compounds or any combination | ||||||
| 14 | thereof under Section 11-501 of the Illinois Vehicle Code | ||||||
| 15 | or a similar provision of a local ordinance and (ii) was | ||||||
| 16 | operating a motor vehicle in excess of 20 miles per hour | ||||||
| 17 | over the posted speed limit as provided in Article VI of | ||||||
| 18 | Chapter 11 of the Illinois Vehicle Code;
| ||||||
| 19 | (21) the defendant (i) committed the offense of | ||||||
| 20 | reckless driving or aggravated reckless driving under | ||||||
| 21 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
| 22 | operating a motor vehicle in excess of 20 miles per hour | ||||||
| 23 | over the posted speed limit as provided in Article VI of | ||||||
| 24 | Chapter 11 of the Illinois Vehicle Code; | ||||||
| 25 | (22) the defendant committed the offense against a | ||||||
| 26 | person that the defendant knew, or reasonably should have | ||||||
| |||||||
| |||||||
| 1 | known, was a member of the Armed Forces of the United | ||||||
| 2 | States serving on active duty. For purposes of this clause | ||||||
| 3 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
| 4 | of the United States, including a member of any reserve | ||||||
| 5 | component thereof or National Guard unit called to active | ||||||
| 6 | duty;
| ||||||
| 7 | (23)
the defendant committed the offense against a | ||||||
| 8 | person who was elderly, disabled, or infirm by taking | ||||||
| 9 | advantage of a family or fiduciary relationship with the | ||||||
| 10 | elderly, disabled, or infirm person;
| ||||||
| 11 | (24)
the defendant committed any offense under Section | ||||||
| 12 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 13 | of 2012 and possessed 100 or more images;
| ||||||
| 14 | (25) the defendant committed the offense while the | ||||||
| 15 | defendant or the victim was in a train, bus, or other | ||||||
| 16 | vehicle used for public transportation; | ||||||
| 17 | (26) the defendant committed the offense of child | ||||||
| 18 | pornography or aggravated child pornography, specifically | ||||||
| 19 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
| 20 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
| 21 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
| 22 | solicited for, depicted in, or posed in any act of sexual | ||||||
| 23 | penetration or bound, fettered, or subject to sadistic, | ||||||
| 24 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
| 25 | and specifically including paragraph (1), (2), (3), (4), | ||||||
| 26 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
| |||||||
| |||||||
| 1 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
| 2 | engaged in, solicited for, depicted in, or posed in any act | ||||||
| 3 | of sexual penetration or bound, fettered, or subject to | ||||||
| 4 | sadistic, masochistic, or sadomasochistic abuse in a | ||||||
| 5 | sexual context; | ||||||
| 6 | (27) the defendant committed the offense of first | ||||||
| 7 | degree murder, assault, aggravated assault, battery, | ||||||
| 8 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
| 9 | robbery against a person who was a veteran and the | ||||||
| 10 | defendant knew, or reasonably should have known, that the | ||||||
| 11 | person was a veteran performing duties as a representative | ||||||
| 12 | of a veterans' organization. For the purposes of this | ||||||
| 13 | paragraph (27), "veteran" means an Illinois resident who | ||||||
| 14 | has served as a member of the United States Armed Forces, a | ||||||
| 15 | member of the Illinois National Guard, or a member of the | ||||||
| 16 | United States Reserve Forces; and "veterans' organization" | ||||||
| 17 | means an organization comprised of members of
which | ||||||
| 18 | substantially all are individuals who are veterans or | ||||||
| 19 | spouses,
widows, or widowers of veterans, the primary | ||||||
| 20 | purpose of which is to
promote the welfare of its members | ||||||
| 21 | and to provide assistance to the general
public in such a | ||||||
| 22 | way as to confer a public benefit; or | ||||||
| 23 | (28) the defendant committed the offense of assault, | ||||||
| 24 | aggravated assault, battery, aggravated battery, robbery, | ||||||
| 25 | armed robbery, or aggravated robbery against a person that | ||||||
| 26 | the defendant knew or reasonably should have known was a | ||||||
| |||||||
| |||||||
| 1 | letter carrier or postal worker while that person was | ||||||
| 2 | performing his or her duties delivering mail for the United | ||||||
| 3 | States Postal Service. | ||||||
| 4 | For the purposes of this Section:
| ||||||
| 5 | "School" is defined as a public or private
elementary or | ||||||
| 6 | secondary school, community college, college, or university.
| ||||||
| 7 | "Day care center" means a public or private State certified | ||||||
| 8 | and
licensed day care center as defined in Section 2.09 of the | ||||||
| 9 | Child Care Act of
1969 that displays a sign in plain view | ||||||
| 10 | stating that the
property is a day care center.
| ||||||
| 11 | "Public transportation" means the transportation
or | ||||||
| 12 | conveyance of persons by means available to the general public, | ||||||
| 13 | and includes paratransit services. | ||||||
| 14 | (b) The following factors, related to all felonies, may be | ||||||
| 15 | considered by the court as
reasons to impose an extended term | ||||||
| 16 | sentence under Section 5-8-2
upon any offender:
| ||||||
| 17 | (1) When a defendant is convicted of any felony, after | ||||||
| 18 | having
been previously convicted in Illinois or any other | ||||||
| 19 | jurisdiction of the
same or similar class felony or greater | ||||||
| 20 | class felony, when such conviction
has occurred within 10 | ||||||
| 21 | years after the
previous conviction, excluding time spent | ||||||
| 22 | in custody, and such charges are
separately brought and | ||||||
| 23 | tried and arise out of different series of acts; or
| ||||||
| 24 | (2) When a defendant is convicted of any felony and the | ||||||
| 25 | court
finds that the offense was accompanied by | ||||||
| 26 | exceptionally brutal
or heinous behavior indicative of | ||||||
| |||||||
| |||||||
| 1 | wanton cruelty; or
| ||||||
| 2 | (3) When a defendant is convicted of any felony | ||||||
| 3 | committed against:
| ||||||
| 4 | (i) a person under 12 years of age at the time of | ||||||
| 5 | the offense or such
person's property;
| ||||||
| 6 | (ii) a person 60 years of age or older at the time | ||||||
| 7 | of the offense or
such person's property; or
| ||||||
| 8 | (iii) a person physically handicapped at the time | ||||||
| 9 | of the offense or
such person's property; or
| ||||||
| 10 | (4) When a defendant is convicted of any felony and the | ||||||
| 11 | offense
involved any of the following types of specific | ||||||
| 12 | misconduct committed as
part of a ceremony, rite, | ||||||
| 13 | initiation, observance, performance, practice or
activity | ||||||
| 14 | of any actual or ostensible religious, fraternal, or social | ||||||
| 15 | group:
| ||||||
| 16 | (i) the brutalizing or torturing of humans or | ||||||
| 17 | animals;
| ||||||
| 18 | (ii) the theft of human corpses;
| ||||||
| 19 | (iii) the kidnapping of humans;
| ||||||
| 20 | (iv) the desecration of any cemetery, religious, | ||||||
| 21 | fraternal, business,
governmental, educational, or | ||||||
| 22 | other building or property; or
| ||||||
| 23 | (v) ritualized abuse of a child; or
| ||||||
| 24 | (5) When a defendant is convicted of a felony other | ||||||
| 25 | than conspiracy and
the court finds that
the felony was | ||||||
| 26 | committed under an agreement with 2 or more other persons
| ||||||
| |||||||
| |||||||
| 1 | to commit that offense and the defendant, with respect to | ||||||
| 2 | the other
individuals, occupied a position of organizer, | ||||||
| 3 | supervisor, financier, or any
other position of management | ||||||
| 4 | or leadership, and the court further finds that
the felony | ||||||
| 5 | committed was related to or in furtherance of the criminal
| ||||||
| 6 | activities of an organized gang or was motivated by the | ||||||
| 7 | defendant's leadership
in an organized gang; or
| ||||||
| 8 | (6) When a defendant is convicted of an offense | ||||||
| 9 | committed while using a firearm with a
laser sight attached | ||||||
| 10 | to it. For purposes of this paragraph, "laser sight"
has | ||||||
| 11 | the meaning ascribed to it in Section 26-7 of the Criminal | ||||||
| 12 | Code of
2012; or
| ||||||
| 13 | (7) When a defendant who was at least 17 years of age | ||||||
| 14 | at the
time of
the commission of the offense is convicted | ||||||
| 15 | of a felony and has been previously
adjudicated a | ||||||
| 16 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
| 17 | an act
that if committed by an adult would be a Class X or | ||||||
| 18 | Class 1 felony when the
conviction has occurred within 10 | ||||||
| 19 | years after the previous adjudication,
excluding time | ||||||
| 20 | spent in custody; or
| ||||||
| 21 | (8) When a defendant commits any felony and the | ||||||
| 22 | defendant used, possessed, exercised control over, or | ||||||
| 23 | otherwise directed an animal to assault a law enforcement | ||||||
| 24 | officer engaged in the execution of his or her official | ||||||
| 25 | duties or in furtherance of the criminal activities of an | ||||||
| 26 | organized gang in which the defendant is engaged.
| ||||||
| |||||||
| |||||||
| 1 | (c) The following factors may be considered by the court as | ||||||
| 2 | reasons to impose an extended term sentence under Section 5-8-2 | ||||||
| 3 | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||||||
| 4 | (1) When a defendant is convicted of first degree | ||||||
| 5 | murder, after having been previously convicted in Illinois | ||||||
| 6 | of any offense listed under paragraph (c)(2) of Section | ||||||
| 7 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||||||
| 8 | within 10 years after the previous conviction, excluding | ||||||
| 9 | time spent in custody, and the charges are separately | ||||||
| 10 | brought and tried and arise out of different series of | ||||||
| 11 | acts. | ||||||
| 12 | (1.5) When a defendant is convicted of first degree | ||||||
| 13 | murder, after having been previously convicted of domestic | ||||||
| 14 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
| 15 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
| 16 | having been previously convicted of violation of an order | ||||||
| 17 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
| 18 | was the protected person. | ||||||
| 19 | (2) When a defendant is convicted of voluntary | ||||||
| 20 | manslaughter, second degree murder, involuntary | ||||||
| 21 | manslaughter, or reckless homicide in which the defendant | ||||||
| 22 | has been convicted of causing the death of more than one | ||||||
| 23 | individual. | ||||||
| 24 | (3) When a defendant is convicted of aggravated | ||||||
| 25 | criminal sexual assault or criminal sexual assault, when | ||||||
| 26 | there is a finding that aggravated criminal sexual assault | ||||||
| |||||||
| |||||||
| 1 | or criminal sexual assault was also committed on the same | ||||||
| 2 | victim by one or more other individuals, and the defendant | ||||||
| 3 | voluntarily participated in the crime with the knowledge of | ||||||
| 4 | the participation of the others in the crime, and the | ||||||
| 5 | commission of the crime was part of a single course of | ||||||
| 6 | conduct during which there was no substantial change in the | ||||||
| 7 | nature of the criminal objective. | ||||||
| 8 | (4) If the victim was under 18 years of age at the time | ||||||
| 9 | of the commission of the offense, when a defendant is | ||||||
| 10 | convicted of aggravated criminal sexual assault or | ||||||
| 11 | predatory criminal sexual assault of a child under | ||||||
| 12 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
| 13 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
| 14 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
| 15 | (5) When a defendant is convicted of a felony violation | ||||||
| 16 | of Section 24-1 of the Criminal Code of 1961 or the | ||||||
| 17 | Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
| 18 | finding that the defendant is a member of an organized | ||||||
| 19 | gang. | ||||||
| 20 | (6) When a defendant was convicted of unlawful use of | ||||||
| 21 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
| 22 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
| 23 | a weapon that is not readily distinguishable as one of the | ||||||
| 24 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
| 25 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
| 26 | (7) When a defendant is convicted of an offense | ||||||
| |||||||
| |||||||
| 1 | involving the illegal manufacture of a controlled | ||||||
| 2 | substance under Section 401 of the Illinois Controlled | ||||||
| 3 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
| 4 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
| 5 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
| 6 | the illegal possession of explosives and an emergency | ||||||
| 7 | response officer in the performance of his or her duties is | ||||||
| 8 | killed or injured at the scene of the offense while | ||||||
| 9 | responding to the emergency caused by the commission of the | ||||||
| 10 | offense. In this paragraph, "emergency" means a situation | ||||||
| 11 | in which a person's life, health, or safety is in jeopardy; | ||||||
| 12 | and "emergency response officer" means a peace officer, | ||||||
| 13 | community policing volunteer, fireman, emergency medical | ||||||
| 14 | technician-ambulance, emergency medical | ||||||
| 15 | technician-intermediate, emergency medical | ||||||
| 16 | technician-paramedic, ambulance driver, other medical | ||||||
| 17 | assistance or first aid personnel, or hospital emergency | ||||||
| 18 | room personnel.
| ||||||
| 19 | (d) For the purposes of this Section, "organized gang" has | ||||||
| 20 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
| 21 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
| 22 | (e) The court may impose an extended term sentence under | ||||||
| 23 | Article 4.5 of Chapter V upon an offender who has been | ||||||
| 24 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
| 25 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
| 26 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| |||||||
| |||||||
| 1 | when the victim of the offense is under 18 years of age at the | ||||||
| 2 | time of the commission of the offense and, during the | ||||||
| 3 | commission of the offense, the victim was under the influence | ||||||
| 4 | of alcohol, regardless of whether or not the alcohol was | ||||||
| 5 | supplied by the offender; and the offender, at the time of the | ||||||
| 6 | commission of the offense, knew or should have known that the | ||||||
| 7 | victim had consumed alcohol. | ||||||
| 8 | (Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328, | ||||||
| 9 | eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; | ||||||
| 10 | 96-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff. | ||||||
| 11 | 1-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551, | ||||||
| 12 | Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11, | ||||||
| 13 | 97-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-693, eff. 1-1-13; | ||||||
| 14 | 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. | ||||||
| 15 | 1-25-13.)
| ||||||
| 16 | Section 6-285. The Code of Civil Procedure is amended by | ||||||
| 17 | changing Section 2-203 as follows:
| ||||||
| 18 | (735 ILCS 5/2-203) (from Ch. 110, par. 2-203)
| ||||||
| 19 | Sec. 2-203. Service on individuals.
| ||||||
| 20 | (a) Except as otherwise expressly provided, service of | ||||||
| 21 | summons upon
an individual defendant shall be made (1) by | ||||||
| 22 | leaving a copy of the summons with
the defendant personally, | ||||||
| 23 | (2) by leaving a copy at the defendant's
usual place of
abode, | ||||||
| 24 | with some person of the family or a person residing there, of | ||||||
| |||||||
| |||||||
| 1 | the
age of 13 years or
upwards, and informing that person of | ||||||
| 2 | the contents of the summons, provided the
officer or other | ||||||
| 3 | person making service shall also send a copy of the
summons in | ||||||
| 4 | a sealed envelope with postage fully prepaid, addressed to
the | ||||||
| 5 | defendant at his or her usual place of abode, or (3) as | ||||||
| 6 | provided in
Section 1-2-9.2 of the Illinois Municipal Code with | ||||||
| 7 | respect to violation of an ordinance governing parking or
| ||||||
| 8 | standing of vehicles in cities with a population over 500,000.
| ||||||
| 9 | The certificate of the
officer or affidavit of the person that | ||||||
| 10 | he or she has sent the copy in
pursuance of this Section is | ||||||
| 11 | evidence that he or she has done so. No employee of a facility | ||||||
| 12 | licensed under the Nursing Home Care Act, the Specialized | ||||||
| 13 | Mental Health Rehabilitation Act of 2013, or the ID/DD | ||||||
| 14 | Community Care Act shall obstruct an officer or other person | ||||||
| 15 | making service in compliance with this Section.
| ||||||
| 16 | (b) The officer, in his or her certificate or in a record | ||||||
| 17 | filed and
maintained in the Sheriff's office, or other person | ||||||
| 18 | making service, in
his or her affidavit or in a record filed | ||||||
| 19 | and maintained in his or her
employer's
office, shall (1) | ||||||
| 20 | identify as to sex, race, and approximate age the
defendant or | ||||||
| 21 | other person with whom the summons was left and (2) state
the | ||||||
| 22 | place where (whenever possible in terms of an exact street | ||||||
| 23 | address)
and the date and time of the day when the summons was | ||||||
| 24 | left with the
defendant or other person.
| ||||||
| 25 | (c) Any person who knowingly sets forth in the certificate | ||||||
| 26 | or
affidavit any false statement, shall be liable in civil | ||||||
| |||||||
| |||||||
| 1 | contempt. When
the court holds a person in civil contempt under | ||||||
| 2 | this Section, it shall
award such damages as it determines to | ||||||
| 3 | be just and, when the
contempt is
prosecuted by a private | ||||||
| 4 | attorney, may award reasonable attorney's fees.
| ||||||
| 5 | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||||||
| 6 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 7 | Section 6-290. The Consumer Fraud and Deceptive Business | ||||||
| 8 | Practices Act is amended by changing Section 2BBB as follows:
| ||||||
| 9 | (815 ILCS 505/2BBB) | ||||||
| 10 | Sec. 2BBB. Long term care facility, ID/DD facility, or | ||||||
| 11 | specialized mental health rehabilitation facility; Consumer | ||||||
| 12 | Choice Information Report. A long term care facility that fails | ||||||
| 13 | to comply with Section 2-214 of the Nursing Home Care Act or a | ||||||
| 14 | facility that fails to comply with Section 2-214 of the ID/DD | ||||||
| 15 | Community Care Act or Section 2-214 of the Specialized Mental | ||||||
| 16 | Health Rehabilitation Act commits an unlawful practice within | ||||||
| 17 | the meaning of this Act.
| ||||||
| 18 | (Source: P.A. 96-328, eff. 8-11-09; 96-339, eff. 7-1-10; 97-38, | ||||||
| 19 | eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
| 20 | ARTICLE 7. | ||||||
| 21 | Section 7-10. The Children's Health Insurance Program Act | ||||||
| 22 | is amended by changing Sections 15, 25, 30, and 35 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (215 ILCS 106/15)
| ||||||
| 2 | Sec. 15. Operation of the Program. There is hereby created | ||||||
| 3 | a
Children's Health Insurance Program. The Program shall | ||||||
| 4 | operate subject
to appropriation and shall be administered by | ||||||
| 5 | the Department of Healthcare and Family Services. The | ||||||
| 6 | Department shall have the powers and authority granted to the
| ||||||
| 7 | Department under the Illinois Public Aid Code, including, but | ||||||
| 8 | not limited to, Section 11-5.1 of the Code. The Department may | ||||||
| 9 | contract
with a Third Party Administrator or other entities to | ||||||
| 10 | administer and oversee
any portion of this Program. Beginning | ||||||
| 11 | October 1, 2013, the determination of eligibility under this | ||||||
| 12 | Act shall comply with the requirements of 42 U.S.C. | ||||||
| 13 | 1397bb(b)(1)(B)(v) and applicable federal regulations. If | ||||||
| 14 | changes made to this Section require federal approval, they | ||||||
| 15 | shall not take effect until such approval has been received.
| ||||||
| 16 | (Source: P.A. 95-331, eff. 8-21-07; 96-1501, eff. 1-25-11.)
| ||||||
| 17 | (215 ILCS 106/25)
| ||||||
| 18 | Sec. 25. Health benefits for children.
| ||||||
| 19 | (a) The Department shall, subject to appropriation, | ||||||
| 20 | provide health
benefits coverage to eligible children by:
| ||||||
| 21 | (1) Until December 31, 2013 and providing that no | ||||||
| 22 | application for such coverage shall be accepted after | ||||||
| 23 | September 30, 2013, subsidizing Subsidizing the cost of | ||||||
| 24 | privately sponsored health insurance,
including employer | ||||||
| |||||||
| |||||||
| 1 | based health insurance, to assist families to take
| ||||||
| 2 | advantage of available privately sponsored health | ||||||
| 3 | insurance for their
eligible children; and
| ||||||
| 4 | (2) Purchasing, until December 31, 2013, or providing | ||||||
| 5 | health care benefits for eligible
children. The health | ||||||
| 6 | benefits provided under this subdivision (a)(2) shall,
| ||||||
| 7 | subject to appropriation and without regard to any | ||||||
| 8 | applicable cost sharing
under Section 30, be identical to | ||||||
| 9 | the benefits provided for children under the
State's | ||||||
| 10 | approved plan under Title XIX of the Social Security Act. | ||||||
| 11 | Providers
under this subdivision (a)(2) shall be subject to | ||||||
| 12 | approval by the
Department to provide health care under the | ||||||
| 13 | Illinois Public Aid Code and
shall be reimbursed at the | ||||||
| 14 | same rate as providers under the State's approved
plan | ||||||
| 15 | under Title XIX of the Social Security Act. In addition, | ||||||
| 16 | providers may
retain co-payments when determined | ||||||
| 17 | appropriate by the Department.
| ||||||
| 18 | (b) The subsidization provided pursuant to subdivision | ||||||
| 19 | (a)(1) shall be
credited to the family of the eligible child.
| ||||||
| 20 | (c) The Department is prohibited from denying coverage to a | ||||||
| 21 | child who is
enrolled in a privately sponsored health insurance | ||||||
| 22 | plan pursuant to subdivision
(a)(1) because the plan does not | ||||||
| 23 | meet federal benchmarking standards
or cost sharing and | ||||||
| 24 | contribution requirements.
To be eligible for inclusion in the | ||||||
| 25 | Program, the plan shall contain
comprehensive major medical | ||||||
| 26 | coverage which shall consist of physician and
hospital | ||||||
| |||||||
| |||||||
| 1 | inpatient services.
The Department is prohibited from denying | ||||||
| 2 | coverage to a child who is enrolled
in a privately sponsored | ||||||
| 3 | health insurance plan pursuant to subdivision (a)(1)
because | ||||||
| 4 | the plan offers benefits in addition to physician and hospital
| ||||||
| 5 | inpatient services.
| ||||||
| 6 | (d) The total dollar amount of subsidizing coverage per | ||||||
| 7 | child per month
pursuant to subdivision (a)(1) shall be equal | ||||||
| 8 | to the average dollar payments,
less premiums incurred, per | ||||||
| 9 | child per month pursuant to subdivision (a)(2).
The Department | ||||||
| 10 | shall set this amount prospectively based upon the prior fiscal
| ||||||
| 11 | year's experience adjusted for incurred but not reported claims | ||||||
| 12 | and estimated
increases or decreases in the cost of medical | ||||||
| 13 | care. Payments obligated before
July 1, 1999, will be computed | ||||||
| 14 | using State Fiscal Year 1996 payments for
children eligible for | ||||||
| 15 | Medical Assistance and income assistance under the Aid to
| ||||||
| 16 | Families with Dependent Children Program, with appropriate | ||||||
| 17 | adjustments for cost
and utilization changes through January 1, | ||||||
| 18 | 1999. The Department is
prohibited from providing a subsidy | ||||||
| 19 | pursuant to subdivision (a)(1) that is more
than the | ||||||
| 20 | individual's monthly portion of the premium.
| ||||||
| 21 | (e) An eligible child may obtain immediate coverage under | ||||||
| 22 | this Program
only once during a medical visit. If coverage | ||||||
| 23 | lapses, re-enrollment shall be
completed in advance of the next | ||||||
| 24 | covered medical visit and the first month's
required premium | ||||||
| 25 | shall be paid in advance of any covered medical visit.
| ||||||
| 26 | (f) In order to accelerate and facilitate the development | ||||||
| |||||||
| |||||||
| 1 | of networks to
deliver services to children in areas outside | ||||||
| 2 | counties with populations
in
excess of 3,000,000, in the event | ||||||
| 3 | less than 25% of the eligible
children in a county or | ||||||
| 4 | contiguous counties has enrolled with a Health
Maintenance | ||||||
| 5 | Organization pursuant to Section 5-11 of the Illinois Public | ||||||
| 6 | Aid
Code, the Department may develop and implement | ||||||
| 7 | demonstration projects to create
alternative networks designed | ||||||
| 8 | to enhance enrollment and participation in the
program. The | ||||||
| 9 | Department shall prescribe by rule the criteria, standards, and
| ||||||
| 10 | procedures for effecting demonstration projects under this | ||||||
| 11 | Section.
| ||||||
| 12 | (g) On and after July 1, 2012, the Department shall reduce | ||||||
| 13 | any rate of reimbursement for services or other payments or | ||||||
| 14 | alter any methodologies authorized by this Act or the Illinois | ||||||
| 15 | Public Aid Code to reduce any rate of reimbursement for | ||||||
| 16 | services or other payments in accordance with Section 5-5e of | ||||||
| 17 | the Illinois Public Aid Code. | ||||||
| 18 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
| 19 | (215 ILCS 106/30)
| ||||||
| 20 | Sec. 30. Cost sharing.
| ||||||
| 21 | (a) Children enrolled in a health benefits program pursuant | ||||||
| 22 | to subdivision
(a)(2) of Section 25 and persons enrolled in a | ||||||
| 23 | health benefits waiver program pursuant to Section 40 shall be | ||||||
| 24 | subject to the following cost sharing
requirements:
| ||||||
| 25 | (1) There shall be no co-payment required for well-baby | ||||||
| |||||||
| |||||||
| 1 | or well-child
care, including age-appropriate | ||||||
| 2 | immunizations as required under
federal law.
| ||||||
| 3 | (2) Health insurance premiums for family members, | ||||||
| 4 | either children or adults, in families whose household
| ||||||
| 5 | income is above 150% of the federal poverty level shall be | ||||||
| 6 | payable
monthly, subject to rules promulgated by the | ||||||
| 7 | Department for grace periods and
advance payments, and | ||||||
| 8 | shall be as follows:
| ||||||
| 9 | (A) $15 per month for one family member.
| ||||||
| 10 | (B) $25 per month for 2 family members.
| ||||||
| 11 | (C) $30 per month for 3 family members. | ||||||
| 12 | (D) $35 per month for 4 family members. | ||||||
| 13 | (E) $40 per month for 5 or more family members.
| ||||||
| 14 | (3) Co-payments for children or adults in families | ||||||
| 15 | whose income is at or below
150% of the federal poverty | ||||||
| 16 | level, at a minimum and to the extent permitted
under | ||||||
| 17 | federal law, shall be $2 for all medical visits and | ||||||
| 18 | prescriptions
provided under this Act and up to $10 for | ||||||
| 19 | emergency room use for a non-emergency situation as defined | ||||||
| 20 | by the Department by rule and subject to federal approval.
| ||||||
| 21 | (4) Co-payments for children or adults in families | ||||||
| 22 | whose income is above 150%
of the federal poverty level, at | ||||||
| 23 | a minimum and to the extent permitted under
federal law | ||||||
| 24 | shall be as follows:
| ||||||
| 25 | (A) $5 for medical visits.
| ||||||
| 26 | (B) $3 for generic prescriptions and $5 for brand | ||||||
| |||||||
| |||||||
| 1 | name
prescriptions.
| ||||||
| 2 | (C) $25 for emergency room use for a non-emergency
| ||||||
| 3 | situation as defined by the Department by rule.
| ||||||
| 4 | (5) (Blank).
| ||||||
| 5 | (6) Co-payments shall be maximized to the extent | ||||||
| 6 | permitted by federal law and are subject to federal | ||||||
| 7 | approval. | ||||||
| 8 | (b) (Blank). Individuals enrolled in a privately sponsored | ||||||
| 9 | health insurance plan
pursuant to subdivision (a)(1) of Section | ||||||
| 10 | 25 shall be subject to the cost
sharing provisions as stated in | ||||||
| 11 | the privately sponsored health insurance plan.
| ||||||
| 12 | (Source: P.A. 97-74, eff. 6-30-11.)
| ||||||
| 13 | (215 ILCS 106/35)
| ||||||
| 14 | Sec. 35. Funding.
| ||||||
| 15 | (a) This Program is not an entitlement and shall not be | ||||||
| 16 | construed to
create an entitlement. Eligibility for the Program | ||||||
| 17 | is subject to appropriation
of funds by the State and federal | ||||||
| 18 | governments. Subdivision (a)(2) of Section
25 shall operate and | ||||||
| 19 | be funded only if subdivision (a)(1) of Section 25 is
| ||||||
| 20 | operational and funded. The estimated net State share of | ||||||
| 21 | appropriated funds
for subdivision (a)(2) of Section 25 shall | ||||||
| 22 | be equal to the estimated net State
share of appropriated funds | ||||||
| 23 | for subdivision (a)(1) of Section 25.
| ||||||
| 24 | (b) Any requirement imposed under this Act and any | ||||||
| 25 | implementation of
this Act by the Department shall cease in the | ||||||
| |||||||
| |||||||
| 1 | event (1) continued receipt of
federal funds for implementation | ||||||
| 2 | of this Act requires an amendment to this Act,
or (2) federal | ||||||
| 3 | funds for implementation of the Act are not otherwise | ||||||
| 4 | available.
| ||||||
| 5 | (c) Payments under this Act shall be appropriated from the | ||||||
| 6 | General Revenue
Fund and other funds that are authorized to be | ||||||
| 7 | used to reimburse or make
medical payments for health care | ||||||
| 8 | benefits under this Act or Title XXI of the
Social Security | ||||||
| 9 | Act.
| ||||||
| 10 | (d) Benefits under this Act shall be available only as long | ||||||
| 11 | as the
intergovernmental agreements made pursuant to Section | ||||||
| 12 | 12-4.7 and Article XV of
the Illinois Public Aid Code and | ||||||
| 13 | entered into between the Department and the
Cook County Board | ||||||
| 14 | of Commissioners continue to exist.
| ||||||
| 15 | (Source: P.A. 90-736, eff. 8-12-98; 91-24, eff. 7-1-99.)
| ||||||
| 16 | Section 7-20. The Covering ALL KIDS Health Insurance Act is | ||||||
| 17 | amended by changing Section 15 as follows:
| ||||||
| 18 | (215 ILCS 170/15) | ||||||
| 19 | (Section scheduled to be repealed on July 1, 2016)
| ||||||
| 20 | Sec. 15. Operation of Program. The Covering ALL KIDS Health | ||||||
| 21 | Insurance Program is created. The Program shall be administered | ||||||
| 22 | by the Department of Healthcare and Family Services. The | ||||||
| 23 | Department shall have the same powers and authority to | ||||||
| 24 | administer the Program as are provided to the Department in | ||||||
| |||||||
| |||||||
| 1 | connection with the Department's administration of the | ||||||
| 2 | Illinois Public Aid Code, including, but not limited to, the | ||||||
| 3 | provisions under Section 11-5.1 of the Code, and the Children's | ||||||
| 4 | Health Insurance Program Act. The Department shall coordinate | ||||||
| 5 | the Program with the existing children's health programs | ||||||
| 6 | operated by the Department and other State agencies. Effective | ||||||
| 7 | October 1, 2013, the determination of eligibility under this | ||||||
| 8 | Act shall comply with the requirements of 42 U.S.C. | ||||||
| 9 | 1397bb(b)(1)(B)(v) and applicable federal regulations. If | ||||||
| 10 | changes made to this Section require federal approval, they | ||||||
| 11 | shall not take effect until such approval has been received.
| ||||||
| 12 | (Source: P.A. 96-1501, eff. 1-25-11.)
| ||||||
| 13 | Section 7-30. The Illinois Public Aid Code is amended by | ||||||
| 14 | changing Section 5-1.1 as follows:
| ||||||
| 15 | (305 ILCS 5/5-1.1) (from Ch. 23, par. 5-1.1)
| ||||||
| 16 | Sec. 5-1.1. Definitions. The terms defined in this Section
| ||||||
| 17 | shall have the meanings ascribed to them, except when the
| ||||||
| 18 | context otherwise requires.
| ||||||
| 19 | (a) "Nursing facility" means a facility, licensed by the | ||||||
| 20 | Department of Public Health under the Nursing Home Care Act, | ||||||
| 21 | that provides nursing facility services within the meaning of | ||||||
| 22 | Title XIX of
the federal Social Security Act.
| ||||||
| 23 | (b) "Intermediate care facility for the developmentally | ||||||
| 24 | disabled" or "ICF/DD" means a facility, licensed by the | ||||||
| |||||||
| |||||||
| 1 | Department of Public Health under the ID/DD Community Care Act, | ||||||
| 2 | that is an intermediate care facility for the mentally retarded | ||||||
| 3 | within the meaning of Title XIX
of the federal Social Security | ||||||
| 4 | Act.
| ||||||
| 5 | (c) "Standard services" means those services required for
| ||||||
| 6 | the care of all patients in the facility and shall, as a
| ||||||
| 7 | minimum, include the following: (1) administration; (2)
| ||||||
| 8 | dietary (standard); (3) housekeeping; (4) laundry and linen;
| ||||||
| 9 | (5) maintenance of property and equipment, including | ||||||
| 10 | utilities;
(6) medical records; (7) training of employees; (8) | ||||||
| 11 | utilization
review; (9) activities services; (10) social | ||||||
| 12 | services; (11)
disability services; and all other similar | ||||||
| 13 | services required
by either the laws of the State of Illinois | ||||||
| 14 | or one of its
political subdivisions or municipalities or by | ||||||
| 15 | Title XIX of
the Social Security Act.
| ||||||
| 16 | (d) "Patient services" means those which vary with the
| ||||||
| 17 | number of personnel; professional and para-professional
skills | ||||||
| 18 | of the personnel; specialized equipment, and reflect
the | ||||||
| 19 | intensity of the medical and psycho-social needs of the
| ||||||
| 20 | patients. Patient services shall as a minimum include:
(1) | ||||||
| 21 | physical services; (2) nursing services, including
restorative | ||||||
| 22 | nursing; (3) medical direction and patient care
planning; (4) | ||||||
| 23 | health related supportive and habilitative
services and all | ||||||
| 24 | similar services required by either the
laws of the State of | ||||||
| 25 | Illinois or one of its political
subdivisions or municipalities | ||||||
| 26 | or by Title XIX of the
Social Security Act.
| ||||||
| |||||||
| |||||||
| 1 | (e) "Ancillary services" means those services which
| ||||||
| 2 | require a specific physician's order and defined as under
the | ||||||
| 3 | medical assistance program as not being routine in
nature for | ||||||
| 4 | skilled nursing facilities and ICF/DDs.
Such services | ||||||
| 5 | generally must be authorized prior to delivery
and payment as | ||||||
| 6 | provided for under the rules of the Department
of Healthcare | ||||||
| 7 | and Family Services.
| ||||||
| 8 | (f) "Capital" means the investment in a facility's assets
| ||||||
| 9 | for both debt and non-debt funds. Non-debt capital is the
| ||||||
| 10 | difference between an adjusted replacement value of the assets
| ||||||
| 11 | and the actual amount of debt capital.
| ||||||
| 12 | (g) "Profit" means the amount which shall accrue to a
| ||||||
| 13 | facility as a result of its revenues exceeding its expenses
as | ||||||
| 14 | determined in accordance with generally accepted accounting
| ||||||
| 15 | principles.
| ||||||
| 16 | (h) "Non-institutional services" means those services | ||||||
| 17 | provided under
paragraph (f) of Section 3 of the Disabled | ||||||
| 18 | Persons Rehabilitation Act and those services provided under | ||||||
| 19 | Section 4.02 of the Illinois Act on the Aging.
| ||||||
| 20 | (i) (Blank).
| ||||||
| 21 | (j) "Institutionalized person" means an individual who is | ||||||
| 22 | an inpatient
in an ICF/DD or nursing facility, or who is an | ||||||
| 23 | inpatient in
a medical
institution receiving a level of care | ||||||
| 24 | equivalent to that of an ICF/DD or nursing facility, or who is | ||||||
| 25 | receiving services under
Section 1915(c) of the Social Security | ||||||
| 26 | Act.
| ||||||
| |||||||
| |||||||
| 1 | (k) "Institutionalized spouse" means an institutionalized | ||||||
| 2 | person who is
expected to receive services at the same level of | ||||||
| 3 | care for at least 30 days
and is married to a spouse who is not | ||||||
| 4 | an institutionalized person.
| ||||||
| 5 | (l) "Community spouse" is the spouse of an | ||||||
| 6 | institutionalized spouse.
| ||||||
| 7 | (m) "Health Benefits Service Package" means, subject to | ||||||
| 8 | federal approval, benefits covered by the medical assistance | ||||||
| 9 | program as determined by the Department by rule for individuals | ||||||
| 10 | eligible for medical assistance under paragraph 18 of Section | ||||||
| 11 | 5-2 of this Code. | ||||||
| 12 | (n) "Federal poverty level" means the poverty guidelines | ||||||
| 13 | updated periodically in the Federal Register by the U.S. | ||||||
| 14 | Department of Health and Human Services. These guidelines set | ||||||
| 15 | poverty levels by family size. | ||||||
| 16 | (Source: P.A. 96-1530, eff. 2-16-11; 97-227, eff. 1-1-12; | ||||||
| 17 | 97-820, eff. 7-17-12.)
| ||||||
| 18 | Section 7-35. The Illinois Public Aid Code is amended by | ||||||
| 19 | changing Section 5-1.4 as follows:
| ||||||
| 20 | (305 ILCS 5/5-1.4) | ||||||
| 21 | Sec. 5-1.4. Moratorium on eligibility expansions. | ||||||
| 22 | Beginning on January 25, 2011 (the effective date of Public Act | ||||||
| 23 | 96-1501), there shall be a 4-year moratorium on the expansion | ||||||
| 24 | of eligibility through increasing financial eligibility | ||||||
| |||||||
| |||||||
| 1 | standards, or through increasing income disregards, or through | ||||||
| 2 | the creation of new programs which would add new categories of | ||||||
| 3 | eligible individuals under the medical assistance program in | ||||||
| 4 | addition to those categories covered on January 1, 2011 or | ||||||
| 5 | above the level of any subsequent reduction in eligibility. | ||||||
| 6 | This moratorium shall not apply to expansions required as a | ||||||
| 7 | federal condition of State participation in the medical | ||||||
| 8 | assistance program or to expansions approved by the federal | ||||||
| 9 | government that are financed entirely by units of local | ||||||
| 10 | government and federal matching funds. If the State of Illinois | ||||||
| 11 | finds that the State has borne a cost related to such an | ||||||
| 12 | expansion, the unit of local government shall reimburse the | ||||||
| 13 | State. All federal funds associated with an expansion funded by | ||||||
| 14 | a unit of local government shall be returned to the local | ||||||
| 15 | government entity funding the expansion, pursuant to an | ||||||
| 16 | intergovernmental agreement between the Department of | ||||||
| 17 | Healthcare and Family Services and the local government entity. | ||||||
| 18 | Within 10 calendar days of the effective date of this | ||||||
| 19 | amendatory Act of the 97th General Assembly, the Department of | ||||||
| 20 | Healthcare and Family Services shall formally advise the | ||||||
| 21 | Centers for Medicare and Medicaid Services of the passage of | ||||||
| 22 | this amendatory Act of the 97th General Assembly. The State is | ||||||
| 23 | prohibited from submitting additional waiver requests that | ||||||
| 24 | expand or allow for an increase in the classes of persons | ||||||
| 25 | eligible for medical assistance under this Article to the | ||||||
| 26 | federal government for its consideration beginning on the 20th | ||||||
| |||||||
| |||||||
| 1 | calendar day following the effective date of this amendatory | ||||||
| 2 | Act of the 97th General Assembly until January 25, 2015. This | ||||||
| 3 | moratorium shall not apply to those persons eligible for | ||||||
| 4 | medical assistance pursuant to 42 U.S.C. | ||||||
| 5 | 1396a(a)(10)(A)(i)(VIII) and 42 U.S.C. 1396a(a)(10)(A)(i)(IX).
| ||||||
| 6 | (Source: P.A. 96-1501, eff. 1-25-11; 97-687, eff. 6-14-12.)
| ||||||
| 7 | Section 7-40. The Illinois Public Aid Code is amended by | ||||||
| 8 | changing Section 5-2 as follows:
| ||||||
| 9 | (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
| ||||||
| 10 | Sec. 5-2. Classes of Persons Eligible. | ||||||
| 11 | Medical assistance under this
Article shall be available to | ||||||
| 12 | any of the following classes of persons in
respect to whom a | ||||||
| 13 | plan for coverage has been submitted to the Governor
by the | ||||||
| 14 | Illinois Department and approved by him. If changes made in | ||||||
| 15 | this Section 5-2 require federal approval, they shall not take | ||||||
| 16 | effect until such approval has been received:
| ||||||
| 17 | 1. Recipients of basic maintenance grants under | ||||||
| 18 | Articles III and IV.
| ||||||
| 19 | 2. Beginning January 1, 2014, persons Persons | ||||||
| 20 | otherwise eligible for basic maintenance under Article | ||||||
| 21 | Articles
III and IV, excluding any eligibility | ||||||
| 22 | requirements that are inconsistent with any federal law or | ||||||
| 23 | federal regulation, as interpreted by the U.S. Department | ||||||
| 24 | of Health and Human Services, but who fail to qualify | ||||||
| |||||||
| |||||||
| 1 | thereunder on the basis of need or who qualify but are not | ||||||
| 2 | receiving basic maintenance under Article IV, and
who have | ||||||
| 3 | insufficient income and resources to meet the costs of
| ||||||
| 4 | necessary medical care, including but not limited to the | ||||||
| 5 | following:
| ||||||
| 6 | (a) All persons otherwise eligible for basic | ||||||
| 7 | maintenance under Article
III but who fail to qualify | ||||||
| 8 | under that Article on the basis of need and who
meet | ||||||
| 9 | either of the following requirements:
| ||||||
| 10 | (i) their income, as determined by the | ||||||
| 11 | Illinois Department in
accordance with any federal | ||||||
| 12 | requirements, is equal to or less than 100% of the | ||||||
| 13 | federal poverty level 70% in
fiscal year 2001, | ||||||
| 14 | equal to or less than 85% in fiscal year 2002 and | ||||||
| 15 | until
a date to be determined by the Department by | ||||||
| 16 | rule, and equal to or less
than 100% beginning on | ||||||
| 17 | the date determined by the Department by rule, of | ||||||
| 18 | the nonfarm income official poverty
line, as | ||||||
| 19 | defined by the federal Office of Management and | ||||||
| 20 | Budget and revised
annually in accordance with | ||||||
| 21 | Section 673(2) of the Omnibus Budget | ||||||
| 22 | Reconciliation
Act of 1981, applicable to families | ||||||
| 23 | of the same size; or
| ||||||
| 24 | (ii) their income, after the deduction of | ||||||
| 25 | costs incurred for medical
care and for other types | ||||||
| 26 | of remedial care, is equal to or less than 100% of | ||||||
| |||||||
| |||||||
| 1 | the federal poverty level 70% in
fiscal year 2001, | ||||||
| 2 | equal to or less than 85% in fiscal year 2002 and | ||||||
| 3 | until
a date to be determined by the Department by | ||||||
| 4 | rule, and equal to or less
than 100% beginning on | ||||||
| 5 | the date determined by the Department by rule, of | ||||||
| 6 | the nonfarm income official poverty
line, as | ||||||
| 7 | defined in item (i) of this subparagraph (a).
| ||||||
| 8 | (b) (Blank). All persons who, excluding any | ||||||
| 9 | eligibility requirements that are inconsistent with | ||||||
| 10 | any federal law or federal regulation, as interpreted | ||||||
| 11 | by the U.S. Department of Health and Human Services, | ||||||
| 12 | would be determined eligible for such basic
| ||||||
| 13 | maintenance under Article IV by disregarding the | ||||||
| 14 | maximum earned income
permitted by federal law.
| ||||||
| 15 | 3. (Blank). Persons who would otherwise qualify for Aid | ||||||
| 16 | to the Medically
Indigent under Article VII.
| ||||||
| 17 | 4. Persons not eligible under any of the preceding | ||||||
| 18 | paragraphs who fall
sick, are injured, or die, not having | ||||||
| 19 | sufficient money, property or other
resources to meet the | ||||||
| 20 | costs of necessary medical care or funeral and burial
| ||||||
| 21 | expenses.
| ||||||
| 22 | 5.(a) Women during pregnancy, after the fact
of | ||||||
| 23 | pregnancy has been determined by medical diagnosis, and | ||||||
| 24 | during the
60-day period beginning on the last day of the | ||||||
| 25 | pregnancy, together with
their infants and children born | ||||||
| 26 | after September 30, 1983,
whose income is at or below 200% | ||||||
| |||||||
| |||||||
| 1 | of the federal poverty level. Until September 30, 2019 or | ||||||
| 2 | sooner if the maintenance of effort requirements under the | ||||||
| 3 | Patient Protection and Affordable Care Act are eliminated | ||||||
| 4 | or may be waived before then, women during pregnancy and | ||||||
| 5 | during the 60-day period beginning on the last day of the | ||||||
| 6 | pregnancy, whose countable monthly income, after the | ||||||
| 7 | deduction of costs incurred for medical care and for other | ||||||
| 8 | types of remedial care as specified in administrative rule, | ||||||
| 9 | is equal to or less than the Medical Assistance-No Grant(C) | ||||||
| 10 | (MANG(C)) Income Standard in effect on April 1, 2013 as set | ||||||
| 11 | forth in administrative rule and
resources are | ||||||
| 12 | insufficient to meet the costs of necessary medical care to
| ||||||
| 13 | the maximum extent possible under Title XIX of the
Federal | ||||||
| 14 | Social Security Act.
| ||||||
| 15 | (b) The plan for coverage Illinois Department and the | ||||||
| 16 | Governor shall provide a plan for
coverage of the persons | ||||||
| 17 | eligible under paragraph 5(a) by April 1, 1990. Such
plan | ||||||
| 18 | shall provide ambulatory prenatal care to pregnant women | ||||||
| 19 | during a
presumptive eligibility period and establish an | ||||||
| 20 | income eligibility standard
that is equal to 200% of the | ||||||
| 21 | federal poverty level 133%
of the nonfarm income official | ||||||
| 22 | poverty line, as defined by
the federal Office of | ||||||
| 23 | Management and Budget and revised annually in
accordance | ||||||
| 24 | with Section 673(2) of the Omnibus Budget Reconciliation | ||||||
| 25 | Act of
1981, applicable to families of the same size, | ||||||
| 26 | provided that costs incurred
for medical care are not taken | ||||||
| |||||||
| |||||||
| 1 | into account in determining such income
eligibility.
| ||||||
| 2 | (c) The Illinois Department may conduct a | ||||||
| 3 | demonstration in at least one
county that will provide | ||||||
| 4 | medical assistance to pregnant women, together
with their | ||||||
| 5 | infants and children up to one year of age,
where the | ||||||
| 6 | income
eligibility standard is set up to 185% of the | ||||||
| 7 | nonfarm income official
poverty line, as defined by the | ||||||
| 8 | federal Office of Management and Budget.
The Illinois | ||||||
| 9 | Department shall seek and obtain necessary authorization
| ||||||
| 10 | provided under federal law to implement such a | ||||||
| 11 | demonstration. Such
demonstration may establish resource | ||||||
| 12 | standards that are not more
restrictive than those | ||||||
| 13 | established under Article IV of this Code.
| ||||||
| 14 | 6. (a) Children younger than age 19 when countable | ||||||
| 15 | income is at or below 133% of the federal poverty level. | ||||||
| 16 | Until September 30, 2019, or sooner if the maintenance of | ||||||
| 17 | effort requirements under the Patient Protection and | ||||||
| 18 | Affordable Care Act are eliminated or may be waived before | ||||||
| 19 | then, children younger than age 19 whose countable monthly | ||||||
| 20 | income, after the deduction of costs incurred for medical | ||||||
| 21 | care and for other types of remedial care as specified in | ||||||
| 22 | administrative rule, is equal to or less than the Medical | ||||||
| 23 | Assistance-No Grant(C) (MANG(C)) Income Standard in effect | ||||||
| 24 | on April 1, 2013 as set forth in administrative rule. | ||||||
| 25 | (b) Children and youth who are under temporary custody | ||||||
| 26 | or guardianship of the Department of Children and Family | ||||||
| |||||||
| |||||||
| 1 | Services or who receive financial assistance in support of | ||||||
| 2 | an adoption or guardianship placement from the Department | ||||||
| 3 | of Children and Family Services. | ||||||
| 4 | Persons under the age of 18 who fail to qualify as dependent | ||||||
| 5 | under
Article IV and who have insufficient income and | ||||||
| 6 | resources to meet the costs
of necessary medical care to | ||||||
| 7 | the maximum extent permitted under Title XIX
of the Federal | ||||||
| 8 | Social Security Act.
| ||||||
| 9 | 7. (Blank).
| ||||||
| 10 | 8. As required under federal law, persons who are | ||||||
| 11 | eligible for Transitional Medical Assistance as a result of | ||||||
| 12 | an increase in earnings or child or spousal support | ||||||
| 13 | received. Persons who become ineligible for basic | ||||||
| 14 | maintenance assistance
under Article IV of this Code in | ||||||
| 15 | programs administered by the Illinois
Department due to | ||||||
| 16 | employment earnings and persons in
assistance units | ||||||
| 17 | comprised of adults and children who become ineligible for
| ||||||
| 18 | basic maintenance assistance under Article VI of this Code | ||||||
| 19 | due to
employment earnings. The plan for coverage for this | ||||||
| 20 | class of persons shall:
| ||||||
| 21 | (a) extend the medical assistance coverage to the | ||||||
| 22 | extent required by federal law for up to 12 months | ||||||
| 23 | following
termination of basic maintenance assistance; | ||||||
| 24 | and
| ||||||
| 25 | (b) offer persons who have initially received 6 | ||||||
| 26 | months of the
coverage provided in paragraph (a) above, | ||||||
| |||||||
| |||||||
| 1 | the option of receiving an
additional 6 months of | ||||||
| 2 | coverage, subject to the following:
| ||||||
| 3 | (i) such coverage shall be pursuant to | ||||||
| 4 | provisions of the federal
Social Security Act;
| ||||||
| 5 | (ii) such coverage shall include all services | ||||||
| 6 | covered under Illinois' State Medicaid Plan while | ||||||
| 7 | the person
was eligible for basic maintenance | ||||||
| 8 | assistance;
| ||||||
| 9 | (iii) no premium shall be charged for such | ||||||
| 10 | coverage; and
| ||||||
| 11 | (iv) such coverage shall be suspended in the | ||||||
| 12 | event of a person's
failure without good cause to | ||||||
| 13 | file in a timely fashion reports required for
this | ||||||
| 14 | coverage under the Social Security Act and | ||||||
| 15 | coverage shall be reinstated
upon the filing of | ||||||
| 16 | such reports if the person remains otherwise | ||||||
| 17 | eligible.
| ||||||
| 18 | 9. Persons with acquired immunodeficiency syndrome | ||||||
| 19 | (AIDS) or with
AIDS-related conditions with respect to whom | ||||||
| 20 | there has been a determination
that but for home or | ||||||
| 21 | community-based services such individuals would
require | ||||||
| 22 | the level of care provided in an inpatient hospital, | ||||||
| 23 | skilled
nursing facility or intermediate care facility the | ||||||
| 24 | cost of which is
reimbursed under this Article. Assistance | ||||||
| 25 | shall be provided to such
persons to the maximum extent | ||||||
| 26 | permitted under Title
XIX of the Federal Social Security | ||||||
| |||||||
| |||||||
| 1 | Act.
| ||||||
| 2 | 10. Participants in the long-term care insurance | ||||||
| 3 | partnership program
established under the Illinois | ||||||
| 4 | Long-Term Care Partnership Program Act who meet the
| ||||||
| 5 | qualifications for protection of resources described in | ||||||
| 6 | Section 15 of that
Act.
| ||||||
| 7 | 11. Persons with disabilities who are employed and | ||||||
| 8 | eligible for Medicaid,
pursuant to Section | ||||||
| 9 | 1902(a)(10)(A)(ii)(xv) of the Social Security Act, and, | ||||||
| 10 | subject to federal approval, persons with a medically | ||||||
| 11 | improved disability who are employed and eligible for | ||||||
| 12 | Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of | ||||||
| 13 | the Social Security Act, as
provided by the Illinois | ||||||
| 14 | Department by rule. In establishing eligibility standards | ||||||
| 15 | under this paragraph 11, the Department shall, subject to | ||||||
| 16 | federal approval: | ||||||
| 17 | (a) set the income eligibility standard at not | ||||||
| 18 | lower than 350% of the federal poverty level; | ||||||
| 19 | (b) exempt retirement accounts that the person | ||||||
| 20 | cannot access without penalty before the age
of 59 1/2, | ||||||
| 21 | and medical savings accounts established pursuant to | ||||||
| 22 | 26 U.S.C. 220; | ||||||
| 23 | (c) allow non-exempt assets up to $25,000 as to | ||||||
| 24 | those assets accumulated during periods of eligibility | ||||||
| 25 | under this paragraph 11; and
| ||||||
| 26 | (d) continue to apply subparagraphs (b) and (c) in | ||||||
| |||||||
| |||||||
| 1 | determining the eligibility of the person under this | ||||||
| 2 | Article even if the person loses eligibility under this | ||||||
| 3 | paragraph 11.
| ||||||
| 4 | 12. Subject to federal approval, persons who are | ||||||
| 5 | eligible for medical
assistance coverage under applicable | ||||||
| 6 | provisions of the federal Social Security
Act and the | ||||||
| 7 | federal Breast and Cervical Cancer Prevention and | ||||||
| 8 | Treatment Act of
2000. Those eligible persons are defined | ||||||
| 9 | to include, but not be limited to,
the following persons:
| ||||||
| 10 | (1) persons who have been screened for breast or | ||||||
| 11 | cervical cancer under
the U.S. Centers for Disease | ||||||
| 12 | Control and Prevention Breast and Cervical Cancer
| ||||||
| 13 | Program established under Title XV of the federal | ||||||
| 14 | Public Health Services Act in
accordance with the | ||||||
| 15 | requirements of Section 1504 of that Act as | ||||||
| 16 | administered by
the Illinois Department of Public | ||||||
| 17 | Health; and
| ||||||
| 18 | (2) persons whose screenings under the above | ||||||
| 19 | program were funded in whole
or in part by funds | ||||||
| 20 | appropriated to the Illinois Department of Public | ||||||
| 21 | Health
for breast or cervical cancer screening.
| ||||||
| 22 | "Medical assistance" under this paragraph 12 shall be | ||||||
| 23 | identical to the benefits
provided under the State's | ||||||
| 24 | approved plan under Title XIX of the Social Security
Act. | ||||||
| 25 | The Department must request federal approval of the | ||||||
| 26 | coverage under this
paragraph 12 within 30 days after the | ||||||
| |||||||
| |||||||
| 1 | effective date of this amendatory Act of
the 92nd General | ||||||
| 2 | Assembly.
| ||||||
| 3 | In addition to the persons who are eligible for medical | ||||||
| 4 | assistance pursuant to subparagraphs (1) and (2) of this | ||||||
| 5 | paragraph 12, and to be paid from funds appropriated to the | ||||||
| 6 | Department for its medical programs, any uninsured person | ||||||
| 7 | as defined by the Department in rules residing in Illinois | ||||||
| 8 | who is younger than 65 years of age, who has been screened | ||||||
| 9 | for breast and cervical cancer in accordance with standards | ||||||
| 10 | and procedures adopted by the Department of Public Health | ||||||
| 11 | for screening, and who is referred to the Department by the | ||||||
| 12 | Department of Public Health as being in need of treatment | ||||||
| 13 | for breast or cervical cancer is eligible for medical | ||||||
| 14 | assistance benefits that are consistent with the benefits | ||||||
| 15 | provided to those persons described in subparagraphs (1) | ||||||
| 16 | and (2). Medical assistance coverage for the persons who | ||||||
| 17 | are eligible under the preceding sentence is not dependent | ||||||
| 18 | on federal approval, but federal moneys may be used to pay | ||||||
| 19 | for services provided under that coverage upon federal | ||||||
| 20 | approval. | ||||||
| 21 | 13. Subject to appropriation and to federal approval, | ||||||
| 22 | persons living with HIV/AIDS who are not otherwise eligible | ||||||
| 23 | under this Article and who qualify for services covered | ||||||
| 24 | under Section 5-5.04 as provided by the Illinois Department | ||||||
| 25 | by rule.
| ||||||
| 26 | 14. Subject to the availability of funds for this | ||||||
| |||||||
| |||||||
| 1 | purpose, the Department may provide coverage under this | ||||||
| 2 | Article to persons who reside in Illinois who are not | ||||||
| 3 | eligible under any of the preceding paragraphs and who meet | ||||||
| 4 | the income guidelines of paragraph 2(a) of this Section and | ||||||
| 5 | (i) have an application for asylum pending before the | ||||||
| 6 | federal Department of Homeland Security or on appeal before | ||||||
| 7 | a court of competent jurisdiction and are represented | ||||||
| 8 | either by counsel or by an advocate accredited by the | ||||||
| 9 | federal Department of Homeland Security and employed by a | ||||||
| 10 | not-for-profit organization in regard to that application | ||||||
| 11 | or appeal, or (ii) are receiving services through a | ||||||
| 12 | federally funded torture treatment center. Medical | ||||||
| 13 | coverage under this paragraph 14 may be provided for up to | ||||||
| 14 | 24 continuous months from the initial eligibility date so | ||||||
| 15 | long as an individual continues to satisfy the criteria of | ||||||
| 16 | this paragraph 14. If an individual has an appeal pending | ||||||
| 17 | regarding an application for asylum before the Department | ||||||
| 18 | of Homeland Security, eligibility under this paragraph 14 | ||||||
| 19 | may be extended until a final decision is rendered on the | ||||||
| 20 | appeal. The Department may adopt rules governing the | ||||||
| 21 | implementation of this paragraph 14.
| ||||||
| 22 | 15. Family Care Eligibility. | ||||||
| 23 | (a) On and after July 1, 2012, a parent or other | ||||||
| 24 | caretaker relative who is 19 years of age or older when | ||||||
| 25 | countable income is at or below 133% of the federal | ||||||
| 26 | poverty level Federal Poverty Level Guidelines, as | ||||||
| |||||||
| |||||||
| 1 | published annually in the Federal Register, for the | ||||||
| 2 | appropriate family size. A person may not spend down to | ||||||
| 3 | become eligible under this paragraph 15. | ||||||
| 4 | (b) Eligibility shall be reviewed annually. | ||||||
| 5 | (c) (Blank). | ||||||
| 6 | (d) (Blank). | ||||||
| 7 | (e) (Blank). | ||||||
| 8 | (f) (Blank). | ||||||
| 9 | (g) (Blank). | ||||||
| 10 | (h) (Blank). | ||||||
| 11 | (i) Following termination of an individual's | ||||||
| 12 | coverage under this paragraph 15, the individual must | ||||||
| 13 | be determined eligible before the person can be | ||||||
| 14 | re-enrolled. | ||||||
| 15 | 16. Subject to appropriation, uninsured persons who | ||||||
| 16 | are not otherwise eligible under this Section who have been | ||||||
| 17 | certified and referred by the Department of Public Health | ||||||
| 18 | as having been screened and found to need diagnostic | ||||||
| 19 | evaluation or treatment, or both diagnostic evaluation and | ||||||
| 20 | treatment, for prostate or testicular cancer. For the | ||||||
| 21 | purposes of this paragraph 16, uninsured persons are those | ||||||
| 22 | who do not have creditable coverage, as defined under the | ||||||
| 23 | Health Insurance Portability and Accountability Act, or | ||||||
| 24 | have otherwise exhausted any insurance benefits they may | ||||||
| 25 | have had, for prostate or testicular cancer diagnostic | ||||||
| 26 | evaluation or treatment, or both diagnostic evaluation and | ||||||
| |||||||
| |||||||
| 1 | treatment.
To be eligible, a person must furnish a Social | ||||||
| 2 | Security number.
A person's assets are exempt from | ||||||
| 3 | consideration in determining eligibility under this | ||||||
| 4 | paragraph 16.
Such persons shall be eligible for medical | ||||||
| 5 | assistance under this paragraph 16 for so long as they need | ||||||
| 6 | treatment for the cancer. A person shall be considered to | ||||||
| 7 | need treatment if, in the opinion of the person's treating | ||||||
| 8 | physician, the person requires therapy directed toward | ||||||
| 9 | cure or palliation of prostate or testicular cancer, | ||||||
| 10 | including recurrent metastatic cancer that is a known or | ||||||
| 11 | presumed complication of prostate or testicular cancer and | ||||||
| 12 | complications resulting from the treatment modalities | ||||||
| 13 | themselves. Persons who require only routine monitoring | ||||||
| 14 | services are not considered to need treatment.
"Medical | ||||||
| 15 | assistance" under this paragraph 16 shall be identical to | ||||||
| 16 | the benefits provided under the State's approved plan under | ||||||
| 17 | Title XIX of the Social Security Act.
Notwithstanding any | ||||||
| 18 | other provision of law, the Department (i) does not have a | ||||||
| 19 | claim against the estate of a deceased recipient of | ||||||
| 20 | services under this paragraph 16 and (ii) does not have a | ||||||
| 21 | lien against any homestead property or other legal or | ||||||
| 22 | equitable real property interest owned by a recipient of | ||||||
| 23 | services under this paragraph 16. | ||||||
| 24 | 17. Persons who, pursuant to a waiver approved by the | ||||||
| 25 | Secretary of the U.S. Department of Health and Human | ||||||
| 26 | Services, are eligible for medical assistance under Title | ||||||
| |||||||
| |||||||
| 1 | XIX or XXI of the federal Social Security Act. | ||||||
| 2 | Notwithstanding any other provision of this Code and | ||||||
| 3 | consistent with the terms of the approved waiver, the | ||||||
| 4 | Illinois Department, may by rule: | ||||||
| 5 | (a) Limit the geographic areas in which the waiver | ||||||
| 6 | program operates. | ||||||
| 7 | (b) Determine the scope, quantity, duration, and | ||||||
| 8 | quality, and the rate and method of reimbursement, of | ||||||
| 9 | the medical services to be provided, which may differ | ||||||
| 10 | from those for other classes of persons eligible for | ||||||
| 11 | assistance under this Article. | ||||||
| 12 | (c) Restrict the persons' freedom in choice of | ||||||
| 13 | providers. | ||||||
| 14 | 18. Beginning January 1, 2014, persons aged 19 or | ||||||
| 15 | older, but younger than 65, who are not otherwise eligible | ||||||
| 16 | for medical assistance under this Section 5-2, who qualify | ||||||
| 17 | for medical assistance pursuant to 42 U.S.C. | ||||||
| 18 | 1396a(a)(10)(A)(i)(VIII) and applicable federal | ||||||
| 19 | regulations, and who have income at or below 133% of the | ||||||
| 20 | federal poverty level plus 5% for the applicable family | ||||||
| 21 | size as determined pursuant to 42 U.S.C. 1396a(e)(14) and | ||||||
| 22 | applicable federal regulations. Persons eligible for | ||||||
| 23 | medical assistance under this paragraph 18 shall receive | ||||||
| 24 | coverage for the Health Benefits Service Package as that | ||||||
| 25 | term is defined in subsection (m) of Section 5-1.1 of this | ||||||
| 26 | Code. If Illinois' federal medical assistance percentage | ||||||
| |||||||
| |||||||
| 1 | (FMAP) is reduced below 90% for persons eligible for | ||||||
| 2 | medical
assistance under this paragraph 18, eligibility | ||||||
| 3 | under this paragraph 18 shall cease no later than the end | ||||||
| 4 | of the third month following the month in which the | ||||||
| 5 | reduction in FMAP takes effect. | ||||||
| 6 | 19. Beginning January 1, 2014, as required under 42 | ||||||
| 7 | U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18 | ||||||
| 8 | and younger than age 26 who are not otherwise eligible for | ||||||
| 9 | medical assistance under paragraphs (1) through (17) of | ||||||
| 10 | this Section who (i) were in foster care under the | ||||||
| 11 | responsibility of the State on the date of attaining age 18 | ||||||
| 12 | or on the date of attaining age 21 when a court has | ||||||
| 13 | continued wardship for good cause as provided in Section | ||||||
| 14 | 2-31 of the Juvenile Court Act of 1987 and (ii) received | ||||||
| 15 | medical assistance under the Illinois Title XIX State Plan | ||||||
| 16 | or waiver of such plan while in foster care. | ||||||
| 17 | In implementing the provisions of Public Act 96-20, the | ||||||
| 18 | Department is authorized to adopt only those rules necessary, | ||||||
| 19 | including emergency rules. Nothing in Public Act 96-20 permits | ||||||
| 20 | the Department to adopt rules or issue a decision that expands | ||||||
| 21 | eligibility for the FamilyCare Program to a person whose income | ||||||
| 22 | exceeds 185% of the Federal Poverty Level as determined from | ||||||
| 23 | time to time by the U.S. Department of Health and Human | ||||||
| 24 | Services, unless the Department is provided with express | ||||||
| 25 | statutory authority. | ||||||
| 26 | The Illinois Department and the Governor shall provide a | ||||||
| |||||||
| |||||||
| 1 | plan for
coverage of the persons eligible under paragraph 7 as | ||||||
| 2 | soon as possible after
July 1, 1984.
| ||||||
| 3 | The eligibility of any such person for medical assistance | ||||||
| 4 | under this
Article is not affected by the payment of any grant | ||||||
| 5 | under the Senior
Citizens and Disabled Persons Property Tax | ||||||
| 6 | Relief Act or any distributions or items of income described | ||||||
| 7 | under
subparagraph (X) of
paragraph (2) of subsection (a) of | ||||||
| 8 | Section 203 of the Illinois Income Tax
Act. | ||||||
| 9 | The Department shall by rule establish the amounts of
| ||||||
| 10 | assets to be disregarded in determining eligibility for medical | ||||||
| 11 | assistance,
which shall at a minimum equal the amounts to be | ||||||
| 12 | disregarded under the
Federal Supplemental Security Income | ||||||
| 13 | Program. The amount of assets of a
single person to be | ||||||
| 14 | disregarded
shall not be less than $2,000, and the amount of | ||||||
| 15 | assets of a married couple
to be disregarded shall not be less | ||||||
| 16 | than $3,000.
| ||||||
| 17 | To the extent permitted under federal law, any person found | ||||||
| 18 | guilty of a
second violation of Article VIIIA
shall be | ||||||
| 19 | ineligible for medical assistance under this Article, as | ||||||
| 20 | provided
in Section 8A-8.
| ||||||
| 21 | The eligibility of any person for medical assistance under | ||||||
| 22 | this Article
shall not be affected by the receipt by the person | ||||||
| 23 | of donations or benefits
from fundraisers held for the person | ||||||
| 24 | in cases of serious illness,
as long as neither the person nor | ||||||
| 25 | members of the person's family
have actual control over the | ||||||
| 26 | donations or benefits or the disbursement
of the donations or | ||||||
| |||||||
| |||||||
| 1 | benefits.
| ||||||
| 2 | Notwithstanding any other provision of this Code, if the | ||||||
| 3 | United States Supreme Court holds Title II, Subtitle A, Section | ||||||
| 4 | 2001(a) of Public Law 111-148 to be unconstitutional, or if a | ||||||
| 5 | holding of Public Law 111-148 makes Medicaid eligibility | ||||||
| 6 | allowed under Section 2001(a) inoperable, the State or a unit | ||||||
| 7 | of local government shall be prohibited from enrolling | ||||||
| 8 | individuals in the Medical Assistance Program as the result of | ||||||
| 9 | federal approval of a State Medicaid waiver on or after the | ||||||
| 10 | effective date of this amendatory Act of the 97th General | ||||||
| 11 | Assembly, and any individuals enrolled in the Medical | ||||||
| 12 | Assistance Program pursuant to eligibility permitted as a | ||||||
| 13 | result of such a State Medicaid waiver shall become immediately | ||||||
| 14 | ineligible. | ||||||
| 15 | Notwithstanding any other provision of this Code, if an Act | ||||||
| 16 | of Congress that becomes a Public Law eliminates Section | ||||||
| 17 | 2001(a) of Public Law 111-148, the State or a unit of local | ||||||
| 18 | government shall be prohibited from enrolling individuals in | ||||||
| 19 | the Medical Assistance Program as the result of federal | ||||||
| 20 | approval of a State Medicaid waiver on or after the effective | ||||||
| 21 | date of this amendatory Act of the 97th General Assembly, and | ||||||
| 22 | any individuals enrolled in the Medical Assistance Program | ||||||
| 23 | pursuant to eligibility permitted as a result of such a State | ||||||
| 24 | Medicaid waiver shall become immediately ineligible. | ||||||
| 25 | Effective October 1, 2013, the determination of | ||||||
| 26 | eligibility of persons who qualify under paragraphs 5, 6, 8, | ||||||
| |||||||
| |||||||
| 1 | 15, 17, and 18 of this Section shall comply with the | ||||||
| 2 | requirements of 42 U.S.C. 1396a(e)(14) and applicable federal | ||||||
| 3 | regulations. | ||||||
| 4 | The Department of Healthcare and Family Services, the | ||||||
| 5 | Department of Human Services, and the Illinois health insurance | ||||||
| 6 | marketplace shall work cooperatively to assist persons who | ||||||
| 7 | would otherwise lose health benefits as a result of changes | ||||||
| 8 | made under this amendatory Act of the 98th General Assembly to | ||||||
| 9 | transition to other health insurance coverage. | ||||||
| 10 | (Source: P.A. 96-20, eff. 6-30-09; 96-181, eff. 8-10-09; | ||||||
| 11 | 96-328, eff. 8-11-09; 96-567, eff. 1-1-10; 96-1000, eff. | ||||||
| 12 | 7-2-10; 96-1123, eff. 1-1-11; 96-1270, eff. 7-26-10; 97-48, | ||||||
| 13 | eff. 6-28-11; 97-74, eff. 6-30-11; 97-333, eff. 8-12-11; | ||||||
| 14 | 97-687, eff. 6-14-12; 97-689, eff. 6-14-12; 97-813, eff. | ||||||
| 15 | 7-13-12; revised 7-23-12.)
| ||||||
| 16 | Section 7-50. The Veterans' Health Insurance Program Act of | ||||||
| 17 | 2008 is amended by changing Section 10 as follows:
| ||||||
| 18 | (330 ILCS 126/10)
| ||||||
| 19 | Sec. 10. Operation of the Program. | ||||||
| 20 | (a) The Veterans' Health Insurance Program is created. This | ||||||
| 21 | Program is not an entitlement. Enrollment is based on the | ||||||
| 22 | availability of funds, and enrollment may be capped based on | ||||||
| 23 | funds appropriated for the Program. As soon as practical after | ||||||
| 24 | the effective date of this Act, coverage for this Program shall | ||||||
| |||||||
| |||||||
| 1 | begin. The Program shall be administered by the Department of | ||||||
| 2 | Healthcare and Family Services in collaboration with the | ||||||
| 3 | Department of Veterans' Affairs. The Department shall have the | ||||||
| 4 | same powers and authority to administer the Program as are | ||||||
| 5 | provided to the Department in connection with the Department's | ||||||
| 6 | administration of the Illinois Public Aid Code. The Department | ||||||
| 7 | shall coordinate the Program with other health programs | ||||||
| 8 | operated by the Department and other State and federal | ||||||
| 9 | agencies. | ||||||
| 10 | (b) The Department shall operate the Program in a manner so | ||||||
| 11 | that the estimated cost of the Program during the fiscal year | ||||||
| 12 | will not exceed the total appropriation for the Program. The | ||||||
| 13 | Department may take any appropriate action to limit spending or | ||||||
| 14 | enrollment into the Program, including, but not limited to, | ||||||
| 15 | ceasing to accept or process applications, reviewing | ||||||
| 16 | eligibility more frequently than annually, adjusting | ||||||
| 17 | cost-sharing, or reducing the income threshold for eligibility | ||||||
| 18 | as necessary to control expenditures for the Program.
| ||||||
| 19 | (c) Notwithstanding subsections (a) and (b) and with the | ||||||
| 20 | mutual agreement of the Department of Veterans' Affairs and the | ||||||
| 21 | Department of Healthcare and Family Services, the operation of | ||||||
| 22 | the Program may be changed to simplify its administration and | ||||||
| 23 | to take advantage of health insurance coverage that may be | ||||||
| 24 | available to veterans under the Patient Protection and | ||||||
| 25 | Affordable Care Act. | ||||||
| 26 | (Source: P.A. 95-755, eff. 7-25-08.)
| ||||||
| |||||||
| |||||||
| 1 | Section 7-60. The Renal Disease Treatment Act is amended by | ||||||
| 2 | changing Section 3 as follows:
| ||||||
| 3 | (410 ILCS 430/3) (from Ch. 111 1/2, par. 22.33)
| ||||||
| 4 | Sec. 3. Duties of Departments of Healthcare and Family | ||||||
| 5 | Services and Public Health.
| ||||||
| 6 | (A) The Department of Healthcare and Family Services shall:
| ||||||
| 7 | (a) Develop With the advice of the Renal Disease | ||||||
| 8 | Advisory Committee, develop
standards for determining | ||||||
| 9 | eligibility for care and treatment under this
program. | ||||||
| 10 | Among other standards so developed under this paragraph,
| ||||||
| 11 | candidates, to be eligible for care and treatment, must be | ||||||
| 12 | evaluated in a
center properly staffed and equipped for | ||||||
| 13 | such evaluation.
| ||||||
| 14 | (b) (Blank).
| ||||||
| 15 | (c) (Blank).
| ||||||
| 16 | (d) Extend financial assistance to persons suffering | ||||||
| 17 | from chronic renal
diseases in obtaining the medical, | ||||||
| 18 | surgical, nursing, pharmaceutical, and
technical services | ||||||
| 19 | necessary in caring for such diseases, including the
| ||||||
| 20 | renting of home dialysis equipment. The Renal Disease | ||||||
| 21 | Advisory Committee
shall recommend to the Department the | ||||||
| 22 | extent of financial assistance,
including the reasonable | ||||||
| 23 | charges and fees, for:
| ||||||
| 24 | (1) Treatment in a dialysis facility;
| ||||||
| |||||||
| |||||||
| 1 | (2) Hospital treatment for dialysis and transplant | ||||||
| 2 | surgery;
| ||||||
| 3 | (3) Treatment in a limited care facility;
| ||||||
| 4 | (4) Home dialysis training; and
| ||||||
| 5 | (5) Home dialysis.
| ||||||
| 6 | (e) (Blank). Assist in equipping dialysis centers.
| ||||||
| 7 | (f) On and after July 1, 2012, the Department shall | ||||||
| 8 | reduce any rate of reimbursement for services or other | ||||||
| 9 | payments or alter any methodologies authorized by this Act | ||||||
| 10 | or the Illinois Public Aid Code to reduce any rate of | ||||||
| 11 | reimbursement for services or other payments in accordance | ||||||
| 12 | with Section 5-5e of the Illinois Public Aid Code. | ||||||
| 13 | Effective January 1, 2014, coverage under this Act shall be | ||||||
| 14 | coordinated with the requirements of the Patient Protection and
| ||||||
| 15 | Affordable Care Act and eligibility under this Act shall be | ||||||
| 16 | available only to individuals who have met their obligations | ||||||
| 17 | under the Patient Protection and
Affordable Care Act to obtain | ||||||
| 18 | health insurance. For purposes of this Act, payment of a tax | ||||||
| 19 | penalty for failing to obtain insurance is not considered | ||||||
| 20 | fulfilling the obligation to obtain health insurance under the | ||||||
| 21 | Patient Protection and
Affordable Care Act. Coverage of the | ||||||
| 22 | services listed in paragraph (d) of this subsection shall be | ||||||
| 23 | coordinated with the individual's health insurance plan. | ||||||
| 24 | The Department of Healthcare and Family Services, the | ||||||
| 25 | Department of Human Services, and the Illinois health insurance | ||||||
| 26 | marketplace shall work cooperatively to assist persons | ||||||
| |||||||
| |||||||
| 1 | enrolled for services under this Act to obtain health insurance | ||||||
| 2 | coverage prior to January 1, 2014. | ||||||
| 3 | (B) The Department of Public Health shall:
| ||||||
| 4 | (a) Assist in the development and expansion of programs | ||||||
| 5 | for
the care and treatment of persons suffering from | ||||||
| 6 | chronic renal
diseases, including dialysis and other | ||||||
| 7 | medical or surgical procedures
and techniques that will | ||||||
| 8 | have a lifesaving effect in the care and
treatment of | ||||||
| 9 | persons suffering from these diseases.
| ||||||
| 10 | (b) Assist in the development of programs for the | ||||||
| 11 | prevention of
chronic renal diseases.
| ||||||
| 12 | (c) Institute and carry on an educational program among
| ||||||
| 13 | physicians,
hospitals, public health departments, and the | ||||||
| 14 | public concerning chronic
renal diseases, including the | ||||||
| 15 | dissemination of information and the
conducting of | ||||||
| 16 | educational programs concerning the prevention of chronic
| ||||||
| 17 | renal diseases and the methods for the care and treatment | ||||||
| 18 | of persons
suffering from these diseases.
| ||||||
| 19 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
| 20 | (410 ILCS 430/2 rep.) | ||||||
| 21 | Section 7-61. The Renal Disease Treatment Act is amended by | ||||||
| 22 | repealing Section 2.
| ||||||
| 23 | Section 7-70. The Hemophilia Care Act is amended by | ||||||
| 24 | changing Sections 1, 1.5, and 3 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (410 ILCS 420/1) (from Ch. 111 1/2, par. 2901)
| ||||||
| 2 | Sec. 1. Definitions. As used in this Act, unless the | ||||||
| 3 | context clearly
requires otherwise:
| ||||||
| 4 | (1) "Department" means the Department of Healthcare and | ||||||
| 5 | Family Services.
| ||||||
| 6 | (1.5) "Director" means the Director of Healthcare and | ||||||
| 7 | Family Services and the Director of Insurance.
| ||||||
| 8 | (2) (Blank).
| ||||||
| 9 | (3) "Hemophilia" means a bleeding tendency resulting from a | ||||||
| 10 | genetically
determined deficiency in the blood.
| ||||||
| 11 | (4) (Blank).
| ||||||
| 12 | (5) "Eligible person" means any resident of the State | ||||||
| 13 | suffering from
hemophilia.
| ||||||
| 14 | (6) "Family" means:
| ||||||
| 15 | (a) In the case of a patient who is a dependent of | ||||||
| 16 | another person or
couple
as defined by the Illinois Income | ||||||
| 17 | Tax Act, all those persons for whom exemption
is claimed in | ||||||
| 18 | the State income tax return of the person or couple whose
| ||||||
| 19 | dependent the eligible person is, and
| ||||||
| 20 | (b) In all other cases, all those persons for whom | ||||||
| 21 | exemption is
claimed
in the State income tax return of the | ||||||
| 22 | eligible person, or of the eligible
person and his spouse.
| ||||||
| 23 | (7) "Eligible cost of hemophilia services" means the cost | ||||||
| 24 | of blood
transfusions,
blood derivatives, and for outpatient | ||||||
| 25 | services, of physician charges, medical
supplies, and | ||||||
| |||||||
| |||||||
| 1 | appliances, used in the treatment of eligible persons for
| ||||||
| 2 | hemophilia, plus one half of the cost of hospital inpatient | ||||||
| 3 | care, minus
any amount of such cost which is eligible for | ||||||
| 4 | payment or reimbursement by
any hospital or medical insurance | ||||||
| 5 | program, by any other government medical
or financial | ||||||
| 6 | assistance program, or by any charitable assistance
program.
| ||||||
| 7 | (8) "Gross income" means the base income for State income | ||||||
| 8 | tax purposes
of all members of the family.
| ||||||
| 9 | (9) "Available family income" means the lesser of:
| ||||||
| 10 | (a) Gross income minus the sum of (1) $5,500,
and (2) | ||||||
| 11 | $3,500 times the number of persons
in the family, or
| ||||||
| 12 | (b) One half of gross income.
| ||||||
| 13 | (10) (Blank). "Board" means the Hemophilia Advisory Review | ||||||
| 14 | Board.
| ||||||
| 15 | (Source: P.A. 95-12, eff. 7-2-07; 95-331, eff. 8-21-07.)
| ||||||
| 16 | (410 ILCS 420/1.5) | ||||||
| 17 | Sec. 1.5. Findings. The General Assembly finds all of the | ||||||
| 18 | following: | ||||||
| 19 | (1) Inherited hemophilia and other bleeding disorders | ||||||
| 20 | are devastating health conditions that can cause serious | ||||||
| 21 | financial, social, and emotional hardships for patients | ||||||
| 22 | and their families. Hemophilia, which occurs predominantly | ||||||
| 23 | in males, is a rare but well-known type of inherited | ||||||
| 24 | bleeding disorder in which one of several proteins normally | ||||||
| 25 | found in blood are either deficient or inactive, and | ||||||
| |||||||
| |||||||
| 1 | causing pain, swelling, and permanent damage to joints and | ||||||
| 2 | muscles. The disorder affects Americans of all racial and | ||||||
| 3 | ethnic backgrounds. In about one-third of all cases, there | ||||||
| 4 | is no known family history of the disorder. In these cases, | ||||||
| 5 | the disease developed after a new or spontaneous gene | ||||||
| 6 | mutation. | ||||||
| 7 | (2) Hemophilia is one of a spectrum of devastating | ||||||
| 8 | chronic bleeding disorders impacting Americans. Von | ||||||
| 9 | Willebrand Disease, another type of bleeding disorder, is | ||||||
| 10 | caused by a deficiency on the von Willebrand protein. | ||||||
| 11 | Persons with the disorder often bruise easily, have | ||||||
| 12 | frequent nosebleeds, or bleed after tooth extraction, | ||||||
| 13 | tonsillectomy, or other surgery. In some instances, women | ||||||
| 14 | will have prolonged menstrual bleeding. The disorder | ||||||
| 15 | occurs in about 1% to 2% of the U.S. population. | ||||||
| 16 | (3) Appropriate care and treatment are necessities for | ||||||
| 17 | maintaining optimum health for persons afflicted with | ||||||
| 18 | hemophilia and other bleeding disorders. | ||||||
| 19 | (4) While hemophilia and other bleeding disorders are | ||||||
| 20 | incurable, advancements in drug therapies are allowing | ||||||
| 21 | individuals greater latitude in managing their conditions, | ||||||
| 22 | fostering independence, and minimizing chronic | ||||||
| 23 | complications such as damage to the joints and muscles, | ||||||
| 24 | blood-transmitted infectious diseases, and chronic liver | ||||||
| 25 | diseases. At the same time, treatment for clotting | ||||||
| 26 | disorders is saving more and more lives. The rarity of | ||||||
| |||||||
| |||||||
| 1 | these disorders coupled with the delicate processes for | ||||||
| 2 | producing factors, however, makes treating these disorders | ||||||
| 3 | extremely costly. As a result, insurance coverage is a | ||||||
| 4 | major concern for patients and their families. | ||||||
| 5 | (5) It is thus the intent of the General Assembly to | ||||||
| 6 | coordinate State support for through implementation of | ||||||
| 7 | this Act to establish an advisory board to provide expert | ||||||
| 8 | advice to the State on health and insurance policies, | ||||||
| 9 | plans, and public health programs that impact individuals | ||||||
| 10 | with hemophilia and other bleeding disorders with the | ||||||
| 11 | health insurance protections made available to all | ||||||
| 12 | Americans under the Patient Protection and Affordable Care | ||||||
| 13 | Act.
| ||||||
| 14 | (Source: P.A. 95-12, eff. 7-2-07.)
| ||||||
| 15 | (410 ILCS 420/3) (from Ch. 111 1/2, par. 2903)
| ||||||
| 16 | Sec. 3. The powers and duties of the Department shall | ||||||
| 17 | include the following:
| ||||||
| 18 | (1) Develop With the advice and counsel of the | ||||||
| 19 | Committee, develop standards for
determining eligibility | ||||||
| 20 | for care and treatment under this program. Among
other | ||||||
| 21 | standards developed under this Section, persons suffering | ||||||
| 22 | from hemophilia
must be evaluated in a center properly | ||||||
| 23 | staffed and equipped for such
evaluation,
but not operated | ||||||
| 24 | by the Department.
| ||||||
| 25 | (2) (Blank).
| ||||||
| |||||||
| |||||||
| 1 | (3) Extend financial assistance to eligible persons in | ||||||
| 2 | order that they
may obtain blood and blood derivatives for | ||||||
| 3 | use in hospitals, in medical
and dental facilities, or at | ||||||
| 4 | home. The Department shall extend financial
assistance in | ||||||
| 5 | each fiscal year to each family containing one or more | ||||||
| 6 | eligible
persons in the amount of (a) the family's eligible | ||||||
| 7 | cost of hemophilia services
for that fiscal year, minus (b) | ||||||
| 8 | one fifth of its available family income
for its next | ||||||
| 9 | preceding taxable year. The Director may extend
financial
| ||||||
| 10 | assistance in the case of unusual hardships, according to | ||||||
| 11 | specific procedures
and conditions adopted for this | ||||||
| 12 | purpose in the rules and regulations
promulgated
by the | ||||||
| 13 | Department to implement and administer this Act.
| ||||||
| 14 | (4) (Blank).
| ||||||
| 15 | (5) Promulgate rules and regulations with the advice | ||||||
| 16 | and counsel of the
Committee for the implementation and | ||||||
| 17 | administration of this Act.
| ||||||
| 18 | Effective January 1, 2014, coverage under this Act shall be | ||||||
| 19 | coordinated with the requirements of the Patient Protection and
| ||||||
| 20 | Affordable Care Act and eligibility under this Act shall be | ||||||
| 21 | available only to individuals who have met their obligations | ||||||
| 22 | under the Patient Protection and
Affordable Care Act to obtain | ||||||
| 23 | health insurance. For purposes of this Act, payment of a tax | ||||||
| 24 | penalty for failing to obtain insurance is not considered | ||||||
| 25 | fulfilling the obligation to obtain health insurance under the | ||||||
| 26 | Patient Protection and
Affordable Care Act. Coverage of blood | ||||||
| |||||||
| |||||||
| 1 | and blood derivatives for use in hospitals, in medical and | ||||||
| 2 | dental facilities, or at home shall be coordinated with the | ||||||
| 3 | individual's health insurance plan. | ||||||
| 4 | The Department of Healthcare and Family Services, the | ||||||
| 5 | Department of Human Services, and the Illinois health insurance | ||||||
| 6 | marketplace shall work cooperatively to assist persons | ||||||
| 7 | enrolled for services under this Act to obtain health insurance | ||||||
| 8 | coverage prior to January 1, 2014. | ||||||
| 9 | On and after July 1, 2012, the Department shall reduce any | ||||||
| 10 | rate of reimbursement for services or other payments or alter | ||||||
| 11 | any methodologies authorized by this Act or the Illinois Public | ||||||
| 12 | Aid Code to reduce any rate of reimbursement for services or | ||||||
| 13 | other payments in accordance with Section 5-5e of the Illinois | ||||||
| 14 | Public Aid Code. | ||||||
| 15 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
| 16 | (410 ILCS 420/2.5 rep.) | ||||||
| 17 | Section 7-71. The Hemophilia Care Act is amended by | ||||||
| 18 | repealing Section 2.5.
| ||||||
| 19 | ARTICLE 8. | ||||||
| 20 | Section 8-5. The Illinois Public Aid Code is amended by | ||||||
| 21 | changing Sections 5A-2, 5A-4, 5A-5, 5A-8, and 5A-12.4 as | ||||||
| 22 | follows:
| ||||||
| |||||||
| |||||||
| 1 | (305 ILCS 5/5A-2) (from Ch. 23, par. 5A-2) | ||||||
| 2 | (Section scheduled to be repealed on January 1, 2015) | ||||||
| 3 | Sec. 5A-2. Assessment.
| ||||||
| 4 | (a)
Subject to Sections 5A-3 and 5A-10, for State fiscal | ||||||
| 5 | years 2009 through 2014, and from July 1, 2014 through December | ||||||
| 6 | 31, 2014, an annual assessment on inpatient services is imposed | ||||||
| 7 | on each hospital provider in an amount equal to $218.38 | ||||||
| 8 | multiplied by the difference of the hospital's occupied bed | ||||||
| 9 | days less the hospital's Medicare bed days. | ||||||
| 10 | For State fiscal years 2009 through 2014, and after a | ||||||
| 11 | hospital's occupied bed days and Medicare bed days shall be | ||||||
| 12 | determined using the most recent data available from each | ||||||
| 13 | hospital's 2005 Medicare cost report as contained in the | ||||||
| 14 | Healthcare Cost Report Information System file, for the quarter | ||||||
| 15 | ending on December 31, 2006, without regard to any subsequent | ||||||
| 16 | adjustments or changes to such data. If a hospital's 2005 | ||||||
| 17 | Medicare cost report is not contained in the Healthcare Cost | ||||||
| 18 | Report Information System, then the Illinois Department may | ||||||
| 19 | obtain the hospital provider's occupied bed days and Medicare | ||||||
| 20 | bed days from any source available, including, but not limited | ||||||
| 21 | to, records maintained by the hospital provider, which may be | ||||||
| 22 | inspected at all times during business hours of the day by the | ||||||
| 23 | Illinois Department or its duly authorized agents and | ||||||
| 24 | employees. | ||||||
| 25 | (b) (Blank).
| ||||||
| 26 | (b-5) Subject to Sections 5A-3 and 5A-10, for the portion | ||||||
| |||||||
| |||||||
| 1 | of State fiscal year 2012, beginning June 10, 2012 through June | ||||||
| 2 | 30, 2012, and for State fiscal years 2013 through 2014, and | ||||||
| 3 | July 1, 2014 through December 31, 2014, an annual assessment on | ||||||
| 4 | outpatient services is imposed on each hospital provider in an | ||||||
| 5 | amount equal to .008766 multiplied by the hospital's outpatient | ||||||
| 6 | gross revenue. For the period beginning June 10, 2012 through | ||||||
| 7 | June 30, 2012, the annual assessment on outpatient services | ||||||
| 8 | shall be prorated by multiplying the assessment amount by a | ||||||
| 9 | fraction, the numerator of which is 21 days and the denominator | ||||||
| 10 | of which is 365 days. | ||||||
| 11 | For the portion of State fiscal year 2012, beginning June | ||||||
| 12 | 10, 2012 through June 30, 2012, and State fiscal years 2013 | ||||||
| 13 | through 2014, and July 1, 2014 through December 31, 2014, a | ||||||
| 14 | hospital's outpatient gross revenue shall be determined using | ||||||
| 15 | the most recent data available from each hospital's 2009 | ||||||
| 16 | Medicare cost report as contained in the Healthcare Cost Report | ||||||
| 17 | Information System file, for the quarter ending on June 30, | ||||||
| 18 | 2011, without regard to any subsequent adjustments or changes | ||||||
| 19 | to such data. If a hospital's 2009 Medicare cost report is not | ||||||
| 20 | contained in the Healthcare Cost Report Information System, | ||||||
| 21 | then the Department may obtain the hospital provider's | ||||||
| 22 | outpatient gross revenue from any source available, including, | ||||||
| 23 | but not limited to, records maintained by the hospital | ||||||
| 24 | provider, which may be inspected at all times during business | ||||||
| 25 | hours of the day by the Department or its duly authorized | ||||||
| 26 | agents and employees. | ||||||
| |||||||
| |||||||
| 1 | (c) (Blank).
| ||||||
| 2 | (d) Notwithstanding any of the other provisions of this | ||||||
| 3 | Section, the Department is authorized to adopt rules to reduce | ||||||
| 4 | the rate of any annual assessment imposed under this Section, | ||||||
| 5 | as authorized by Section 5-46.2 of the Illinois Administrative | ||||||
| 6 | Procedure Act.
| ||||||
| 7 | (e) Notwithstanding any other provision of this Section, | ||||||
| 8 | any plan providing for an assessment on a hospital provider as | ||||||
| 9 | a permissible tax under Title XIX of the federal Social | ||||||
| 10 | Security Act and Medicaid-eligible payments to hospital | ||||||
| 11 | providers from the revenues derived from that assessment shall | ||||||
| 12 | be reviewed by the Illinois Department of Healthcare and Family | ||||||
| 13 | Services, as the Single State Medicaid Agency required by | ||||||
| 14 | federal law, to determine whether those assessments and | ||||||
| 15 | hospital provider payments meet federal Medicaid standards. If | ||||||
| 16 | the Department determines that the elements of the plan may | ||||||
| 17 | meet federal Medicaid standards and a related State Medicaid | ||||||
| 18 | Plan Amendment is prepared in a manner and form suitable for | ||||||
| 19 | submission, that State Plan Amendment shall be submitted in a | ||||||
| 20 | timely manner for review by the Centers for Medicare and | ||||||
| 21 | Medicaid Services of the United States Department of Health and | ||||||
| 22 | Human Services and subject to approval by the Centers for | ||||||
| 23 | Medicare and Medicaid Services of the United States Department | ||||||
| 24 | of Health and Human Services. No such plan shall become | ||||||
| 25 | effective without approval by the Illinois General Assembly by | ||||||
| 26 | the enactment into law of related legislation. Notwithstanding | ||||||
| |||||||
| |||||||
| 1 | any other provision of this Section, the Department is | ||||||
| 2 | authorized to adopt rules to reduce the rate of any annual | ||||||
| 3 | assessment imposed under this Section. Any such rules may be | ||||||
| 4 | adopted by the Department under Section 5-50 of the Illinois | ||||||
| 5 | Administrative Procedure Act. | ||||||
| 6 | (Source: P.A. 96-1530, eff. 2-16-11; 97-688, eff. 6-14-12; | ||||||
| 7 | 97-689, eff. 6-14-12.)
| ||||||
| 8 | (305 ILCS 5/5A-4) (from Ch. 23, par. 5A-4) | ||||||
| 9 | Sec. 5A-4. Payment of assessment; penalty.
| ||||||
| 10 | (a) The assessment imposed by Section 5A-2 for State fiscal | ||||||
| 11 | year 2009 and each subsequent State fiscal year shall be due | ||||||
| 12 | and payable in monthly installments, each equaling one-twelfth | ||||||
| 13 | of the assessment for the year, on the fourteenth State | ||||||
| 14 | business day of each month.
No installment payment of an | ||||||
| 15 | assessment imposed by Section 5A-2 shall be due
and
payable, | ||||||
| 16 | however, until after the Comptroller has issued the payments | ||||||
| 17 | required under this Article.
| ||||||
| 18 | Except as provided in subsection (a-5) of this Section, the | ||||||
| 19 | assessment imposed by subsection (b-5) of Section 5A-2 for the | ||||||
| 20 | portion of State fiscal year 2012 beginning June 10, 2012 | ||||||
| 21 | through June 30, 2012, and for State fiscal year 2013 and each | ||||||
| 22 | subsequent State fiscal year shall be due and payable in | ||||||
| 23 | monthly installments, each equaling one-twelfth of the | ||||||
| 24 | assessment for the year, on the 14th State business day of each | ||||||
| 25 | month. No installment payment of an assessment imposed by | ||||||
| |||||||
| |||||||
| 1 | subsection (b-5) of Section 5A-2 shall be due and payable, | ||||||
| 2 | however, until after: (i) the Department notifies the hospital | ||||||
| 3 | provider, in writing, that the payment methodologies to | ||||||
| 4 | hospitals required under Section 5A-12.4, have been approved by | ||||||
| 5 | the Centers for Medicare and Medicaid Services of the U.S. | ||||||
| 6 | Department of Health and Human Services, and the waiver under | ||||||
| 7 | 42 CFR 433.68 for the assessment imposed by subsection (b-5) of | ||||||
| 8 | Section 5A-2, if necessary, has been granted by the Centers for | ||||||
| 9 | Medicare and Medicaid Services of the U.S. Department of Health | ||||||
| 10 | and Human Services; and (ii) the Comptroller has issued the | ||||||
| 11 | payments required under Section 5A-12.4. Upon notification to | ||||||
| 12 | the Department of approval of the payment methodologies | ||||||
| 13 | required under Section 5A-12.4 and the waiver granted under 42 | ||||||
| 14 | CFR 433.68, if necessary, all installments otherwise due under | ||||||
| 15 | subsection (b-5) of Section 5A-2 prior to the date of | ||||||
| 16 | notification shall be due and payable to the Department upon | ||||||
| 17 | written direction from the Department and issuance by the | ||||||
| 18 | Comptroller of the payments required under Section 5A-12.4. | ||||||
| 19 | (a-5) The Illinois Department may accelerate the schedule | ||||||
| 20 | upon which assessment installments are due and payable by | ||||||
| 21 | hospitals with a payment ratio greater than or equal to one. | ||||||
| 22 | Such acceleration of due dates for payment of the assessment | ||||||
| 23 | may be made only in conjunction with a corresponding | ||||||
| 24 | acceleration in access payments identified in Section 5A-12.2 | ||||||
| 25 | or Section 5A-12.4 to the same hospitals. For the purposes of | ||||||
| 26 | this subsection (a-5), a hospital's payment ratio is defined as | ||||||
| |||||||
| |||||||
| 1 | the quotient obtained by dividing the total payments for the | ||||||
| 2 | State fiscal year, as authorized under Section 5A-12.2 or | ||||||
| 3 | Section 5A-12.4, by the total assessment for the State fiscal | ||||||
| 4 | year imposed under Section 5A-2 or subsection (b-5) of Section | ||||||
| 5 | 5A-2. | ||||||
| 6 | (b) The Illinois Department is authorized to establish
| ||||||
| 7 | delayed payment schedules for hospital providers that are | ||||||
| 8 | unable
to make installment payments when due under this Section | ||||||
| 9 | due to
financial difficulties, as determined by the Illinois | ||||||
| 10 | Department.
| ||||||
| 11 | (c) If a hospital provider fails to pay the full amount of
| ||||||
| 12 | an installment when due (including any extensions granted under
| ||||||
| 13 | subsection (b)), there shall, unless waived by the Illinois
| ||||||
| 14 | Department for reasonable cause, be added to the assessment
| ||||||
| 15 | imposed by Section 5A-2 a penalty
assessment equal to the | ||||||
| 16 | lesser of (i) 5% of the amount of the
installment not paid on | ||||||
| 17 | or before the due date plus 5% of the
portion thereof remaining | ||||||
| 18 | unpaid on the last day of each 30-day period
thereafter or (ii) | ||||||
| 19 | 100% of the installment amount not paid on or
before the due | ||||||
| 20 | date. For purposes of this subsection, payments
will be | ||||||
| 21 | credited first to unpaid installment amounts (rather than
to | ||||||
| 22 | penalty or interest), beginning with the most delinquent
| ||||||
| 23 | installments.
| ||||||
| 24 | (d) Any assessment amount that is due and payable to the | ||||||
| 25 | Illinois Department more frequently than once per calendar | ||||||
| 26 | quarter shall be remitted to the Illinois Department by the | ||||||
| |||||||
| |||||||
| 1 | hospital provider by means of electronic funds transfer. The | ||||||
| 2 | Illinois Department may provide for remittance by other means | ||||||
| 3 | if (i) the amount due is less than $10,000 or (ii) electronic | ||||||
| 4 | funds transfer is unavailable for this purpose. | ||||||
| 5 | (Source: P.A. 96-821, eff. 11-20-09; 97-688, eff. 6-14-12; | ||||||
| 6 | 97-689, eff. 6-14-12.)
| ||||||
| 7 | (305 ILCS 5/5A-5) (from Ch. 23, par. 5A-5) | ||||||
| 8 | Sec. 5A-5. Notice; penalty; maintenance of records.
| ||||||
| 9 | (a)
The Illinois Department shall send a
notice of | ||||||
| 10 | assessment to every hospital provider subject
to assessment | ||||||
| 11 | under this Article. The notice of assessment shall notify the | ||||||
| 12 | hospital of its assessment and shall be sent after receipt by | ||||||
| 13 | the Department of notification from the Centers for Medicare | ||||||
| 14 | and Medicaid Services of the U.S. Department of Health and | ||||||
| 15 | Human Services that the payment methodologies required under | ||||||
| 16 | this Article and, if necessary, the waiver granted under 42 CFR | ||||||
| 17 | 433.68 have been approved. The notice
shall be on a form
| ||||||
| 18 | prepared by the Illinois Department and shall state the | ||||||
| 19 | following:
| ||||||
| 20 | (1) The name of the hospital provider.
| ||||||
| 21 | (2) The address of the hospital provider's principal | ||||||
| 22 | place
of business from which the provider engages in the | ||||||
| 23 | occupation of hospital
provider in this State, and the name | ||||||
| 24 | and address of each hospital
operated, conducted, or | ||||||
| 25 | maintained by the provider in this State.
| ||||||
| |||||||
| |||||||
| 1 | (3) The occupied bed days, occupied bed days less | ||||||
| 2 | Medicare days, adjusted gross hospital revenue, or | ||||||
| 3 | outpatient gross revenue of the
hospital
provider | ||||||
| 4 | (whichever is applicable), the amount of
assessment | ||||||
| 5 | imposed under Section 5A-2 for the State fiscal year
for | ||||||
| 6 | which the notice is sent, and the amount of
each
| ||||||
| 7 | installment to be paid during the State fiscal year.
| ||||||
| 8 | (4) (Blank).
| ||||||
| 9 | (5) Other reasonable information as determined by the | ||||||
| 10 | Illinois
Department.
| ||||||
| 11 | (b) If a hospital provider conducts, operates, or
maintains | ||||||
| 12 | more than one hospital licensed by the Illinois
Department of | ||||||
| 13 | Public Health, the provider shall pay the
assessment for each | ||||||
| 14 | hospital separately.
| ||||||
| 15 | (c) Notwithstanding any other provision in this Article, in
| ||||||
| 16 | the case of a person who ceases to conduct, operate, or | ||||||
| 17 | maintain a
hospital in respect of which the person is subject | ||||||
| 18 | to assessment
under this Article as a hospital provider, the | ||||||
| 19 | assessment for the State
fiscal year in which the cessation | ||||||
| 20 | occurs shall be adjusted by
multiplying the assessment computed | ||||||
| 21 | under Section 5A-2 by a
fraction, the numerator of which is the | ||||||
| 22 | number of days in the
year during which the provider conducts, | ||||||
| 23 | operates, or maintains
the hospital and the denominator of | ||||||
| 24 | which is 365. Immediately
upon ceasing to conduct, operate, or | ||||||
| 25 | maintain a hospital, the person
shall pay the assessment
for | ||||||
| 26 | the year as so adjusted (to the extent not previously paid).
| ||||||
| |||||||
| |||||||
| 1 | (d) Notwithstanding any other provision in this Article, a
| ||||||
| 2 | provider who commences conducting, operating, or maintaining a
| ||||||
| 3 | hospital, upon notice by the Illinois Department,
shall pay the | ||||||
| 4 | assessment computed under Section 5A-2 and
subsection (e) in | ||||||
| 5 | installments on the due dates stated in the
notice and on the | ||||||
| 6 | regular installment due dates for the State
fiscal year | ||||||
| 7 | occurring after the due dates of the initial
notice.
| ||||||
| 8 | (e)
Notwithstanding any other provision in this Article, | ||||||
| 9 | for State fiscal years 2009 through 2015, in the case of a | ||||||
| 10 | hospital provider that did not conduct, operate, or maintain a | ||||||
| 11 | hospital in 2005, the assessment for that State fiscal year | ||||||
| 12 | shall be computed on the basis of hypothetical occupied bed | ||||||
| 13 | days for the full calendar year as determined by the Illinois | ||||||
| 14 | Department. Notwithstanding any other provision in this | ||||||
| 15 | Article, for the portion of State fiscal year 2012 beginning | ||||||
| 16 | June 10, 2012 through June 30, 2012, and for State fiscal years | ||||||
| 17 | 2013 through 2014, and for July 1, 2014 through December 31, | ||||||
| 18 | 2014, in the case of a hospital provider that did not conduct, | ||||||
| 19 | operate, or maintain a hospital in 2009, the assessment under | ||||||
| 20 | subsection (b-5) of Section 5A-2 for that State fiscal year | ||||||
| 21 | shall be computed on the basis of hypothetical gross outpatient | ||||||
| 22 | revenue for the full calendar year as determined by the | ||||||
| 23 | Illinois Department.
| ||||||
| 24 | (f) Every hospital provider subject to assessment under | ||||||
| 25 | this Article shall keep sufficient records to permit the | ||||||
| 26 | determination of adjusted gross hospital revenue for the | ||||||
| |||||||
| |||||||
| 1 | hospital's fiscal year. All such records shall be kept in the | ||||||
| 2 | English language and shall, at all times during regular | ||||||
| 3 | business hours of the day, be subject to inspection by the | ||||||
| 4 | Illinois Department or its duly authorized agents and | ||||||
| 5 | employees.
| ||||||
| 6 | (g) The Illinois Department may, by rule, provide a | ||||||
| 7 | hospital provider a reasonable opportunity to request a | ||||||
| 8 | clarification or correction of any clerical or computational | ||||||
| 9 | errors contained in the calculation of its assessment, but such | ||||||
| 10 | corrections shall not extend to updating the cost report | ||||||
| 11 | information used to calculate the assessment.
| ||||||
| 12 | (h) (Blank).
| ||||||
| 13 | (Source: P.A. 96-1530, eff. 2-16-11; 97-688, eff. 6-14-12; | ||||||
| 14 | 97-689, eff. 6-14-12; revised 10-17-12.)
| ||||||
| 15 | (305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8)
| ||||||
| 16 | Sec. 5A-8. Hospital Provider Fund.
| ||||||
| 17 | (a) There is created in the State Treasury the Hospital | ||||||
| 18 | Provider Fund.
Interest earned by the Fund shall be credited to | ||||||
| 19 | the Fund. The
Fund shall not be used to replace any moneys | ||||||
| 20 | appropriated to the
Medicaid program by the General Assembly.
| ||||||
| 21 | (b) The Fund is created for the purpose of receiving moneys
| ||||||
| 22 | in accordance with Section 5A-6 and disbursing moneys only for | ||||||
| 23 | the following
purposes, notwithstanding any other provision of | ||||||
| 24 | law:
| ||||||
| 25 | (1) For making payments to hospitals as required under | ||||||
| |||||||
| |||||||
| 1 | this Code, under the Children's Health Insurance Program | ||||||
| 2 | Act, under the Covering ALL KIDS Health Insurance Act, and | ||||||
| 3 | under the Long Term Acute Care Hospital Quality Improvement | ||||||
| 4 | Transfer Program Act.
| ||||||
| 5 | (2) For the reimbursement of moneys collected by the
| ||||||
| 6 | Illinois Department from hospitals or hospital providers | ||||||
| 7 | through error or
mistake in performing the
activities | ||||||
| 8 | authorized under this Code.
| ||||||
| 9 | (3) For payment of administrative expenses incurred by | ||||||
| 10 | the
Illinois Department or its agent in performing | ||||||
| 11 | activities
under this Code, under the Children's Health | ||||||
| 12 | Insurance Program Act, under the Covering ALL KIDS Health | ||||||
| 13 | Insurance Act, and under the Long Term Acute Care Hospital | ||||||
| 14 | Quality Improvement Transfer Program Act.
| ||||||
| 15 | (4) For payments of any amounts which are reimbursable | ||||||
| 16 | to
the federal government for payments from this Fund which | ||||||
| 17 | are
required to be paid by State warrant.
| ||||||
| 18 | (5) For making transfers, as those transfers are | ||||||
| 19 | authorized
in the proceedings authorizing debt under the | ||||||
| 20 | Short Term Borrowing Act,
but transfers made under this | ||||||
| 21 | paragraph (5) shall not exceed the
principal amount of debt | ||||||
| 22 | issued in anticipation of the receipt by
the State of | ||||||
| 23 | moneys to be deposited into the Fund.
| ||||||
| 24 | (6) For making transfers to any other fund in the State | ||||||
| 25 | treasury, but
transfers made under this paragraph (6) shall | ||||||
| 26 | not exceed the amount transferred
previously from that | ||||||
| |||||||
| |||||||
| 1 | other fund into the Hospital Provider Fund plus any | ||||||
| 2 | interest that would have been earned by that fund on the | ||||||
| 3 | monies that had been transferred.
| ||||||
| 4 | (6.5) For making transfers to the Healthcare Provider | ||||||
| 5 | Relief Fund, except that transfers made under this | ||||||
| 6 | paragraph (6.5) shall not exceed $60,000,000 in the | ||||||
| 7 | aggregate. | ||||||
| 8 | (7) For making transfers not exceeding the following | ||||||
| 9 | amounts, in State fiscal years 2013 and 2014 in each State | ||||||
| 10 | fiscal year during which an assessment is imposed pursuant | ||||||
| 11 | to Section 5A-2, to the following designated funds: | ||||||
| 12 | Health and Human Services Medicaid Trust | ||||||
| 13 | Fund..............................$20,000,000 | ||||||
| 14 | Long-Term Care Provider Fund..........$30,000,000 | ||||||
| 15 | General Revenue Fund.................$80,000,000. | ||||||
| 16 | Transfers under this paragraph shall be made within 7 days | ||||||
| 17 | after the payments have been received pursuant to the | ||||||
| 18 | schedule of payments provided in subsection (a) of Section | ||||||
| 19 | 5A-4. | ||||||
| 20 | (7.1) For making transfers not exceeding the following | ||||||
| 21 | amounts, in State fiscal year 2015, to the following | ||||||
| 22 | designated funds: | ||||||
| 23 | Health and Human Services Medicaid Trust | ||||||
| 24 | Fund..............................$10,000,000 | ||||||
| 25 | Long-Term Care Provider Fund..........$15,000,000 | ||||||
| 26 | General Revenue Fund.................$40,000,000. | ||||||
| |||||||
| |||||||
| 1 | Transfers under this paragraph shall be made within 7 days | ||||||
| 2 | after the payments have been received pursuant to the | ||||||
| 3 | schedule of payments provided in subsection (a) of Section | ||||||
| 4 | 5A-4.
| ||||||
| 5 | (7.5) (Blank). | ||||||
| 6 | (7.8) (Blank). | ||||||
| 7 | (7.9) (Blank). | ||||||
| 8 | (7.10) For State fiscal years 2013 and 2014, for making | ||||||
| 9 | transfers of the moneys resulting from the assessment under | ||||||
| 10 | subsection (b-5) of Section 5A-2 and received from hospital | ||||||
| 11 | providers under Section 5A-4 and transferred into the | ||||||
| 12 | Hospital Provider Fund under Section 5A-6 to the designated | ||||||
| 13 | funds not exceeding the following amounts in that State | ||||||
| 14 | fiscal year: | ||||||
| 15 | Health Care Provider Relief Fund......$50,000,000 | ||||||
| 16 | Transfers under this paragraph shall be made within 7 | ||||||
| 17 | days after the payments have been received pursuant to the | ||||||
| 18 | schedule of payments provided in subsection (a) of Section | ||||||
| 19 | 5A-4. | ||||||
| 20 | (7.11) For State fiscal year 2015, for making transfers | ||||||
| 21 | of the moneys resulting from the assessment under | ||||||
| 22 | subsection (b-5) of Section 5A-2 and received from hospital | ||||||
| 23 | providers under Section 5A-4 and transferred into the | ||||||
| 24 | Hospital Provider Fund under Section 5A-6 to the designated | ||||||
| 25 | funds not exceeding the following amounts in that State | ||||||
| 26 | fiscal year: | ||||||
| |||||||
| |||||||
| 1 | Health Care Provider Relief Fund.....$25,000,000 | ||||||
| 2 | Transfers under this paragraph shall be made within 7 | ||||||
| 3 | days after the payments have been received pursuant to the | ||||||
| 4 | schedule of payments provided in subsection (a) of Section | ||||||
| 5 | 5A-4. | ||||||
| 6 | (7.12) For State fiscal year 2013, for increasing by | ||||||
| 7 | 21/365ths the transfer of the moneys resulting from the | ||||||
| 8 | assessment under subsection (b-5) of Section 5A-2 and | ||||||
| 9 | received from hospital providers under Section 5A-4 for the | ||||||
| 10 | portion of State fiscal year 2012 beginning June 10, 2012 | ||||||
| 11 | through June 30, 2012 and transferred into the Hospital | ||||||
| 12 | Provider Fund under Section 5A-6 to the designated funds | ||||||
| 13 | not exceeding the following amounts in that State fiscal | ||||||
| 14 | year: | ||||||
| 15 | Health Care Provider Relief Fund.......$2,870,000 | ||||||
| 16 | (8) For making refunds to hospital providers pursuant | ||||||
| 17 | to Section 5A-10.
| ||||||
| 18 | Disbursements from the Fund, other than transfers | ||||||
| 19 | authorized under
paragraphs (5) and (6) of this subsection, | ||||||
| 20 | shall be by
warrants drawn by the State Comptroller upon | ||||||
| 21 | receipt of vouchers
duly executed and certified by the Illinois | ||||||
| 22 | Department.
| ||||||
| 23 | (c) The Fund shall consist of the following:
| ||||||
| 24 | (1) All moneys collected or received by the Illinois
| ||||||
| 25 | Department from the hospital provider assessment imposed | ||||||
| 26 | by this
Article.
| ||||||
| |||||||
| |||||||
| 1 | (2) All federal matching funds received by the Illinois
| ||||||
| 2 | Department as a result of expenditures made by the Illinois
| ||||||
| 3 | Department that are attributable to moneys deposited in the | ||||||
| 4 | Fund.
| ||||||
| 5 | (3) Any interest or penalty levied in conjunction with | ||||||
| 6 | the
administration of this Article.
| ||||||
| 7 | (4) Moneys transferred from another fund in the State | ||||||
| 8 | treasury.
| ||||||
| 9 | (5) All other moneys received for the Fund from any | ||||||
| 10 | other
source, including interest earned thereon.
| ||||||
| 11 | (d) (Blank).
| ||||||
| 12 | (Source: P.A. 96-3, eff. 2-27-09; 96-45, eff. 7-15-09; 96-821, | ||||||
| 13 | eff. 11-20-09; 96-1530, eff. 2-16-11; 97-688, eff. 6-14-12; | ||||||
| 14 | 97-689, eff. 6-14-12; revised 10-17-12.)
| ||||||
| 15 | (305 ILCS 5/5A-12.4) | ||||||
| 16 | (Section scheduled to be repealed on January 1, 2015) | ||||||
| 17 | Sec. 5A-12.4. Hospital access improvement payments on or | ||||||
| 18 | after June 10, 2012 July 1, 2012. | ||||||
| 19 | (a) Hospital access improvement payments. To preserve and | ||||||
| 20 | improve access to hospital services, for hospital and physician | ||||||
| 21 | services rendered on or after June 10, 2012 July 1, 2012, the | ||||||
| 22 | Illinois Department shall, except for hospitals described in | ||||||
| 23 | subsection (b) of Section 5A-3, make payments to hospitals as | ||||||
| 24 | set forth in this Section. These payments shall be paid in 12 | ||||||
| 25 | equal installments on or before the 7th State business day of | ||||||
| |||||||
| |||||||
| 1 | each month, except that no payment shall be due within 100 days | ||||||
| 2 | after the later of the date of notification of federal approval | ||||||
| 3 | of the payment methodologies required under this Section or any | ||||||
| 4 | waiver required under 42 CFR 433.68, at which time the sum of | ||||||
| 5 | amounts required under this Section prior to the date of | ||||||
| 6 | notification is due and payable. Payments under this Section | ||||||
| 7 | are not due and payable, however, until (i) the methodologies | ||||||
| 8 | described in this Section are approved by the federal | ||||||
| 9 | government in an appropriate State Plan amendment and (ii) the | ||||||
| 10 | assessment imposed under subsection (b-5) of Section 5A-2 of | ||||||
| 11 | this Article is determined to be a permissible tax under Title | ||||||
| 12 | XIX of the Social Security Act. The Illinois Department shall | ||||||
| 13 | take all actions necessary to implement the payments under this | ||||||
| 14 | Section effective June 10, 2012 July 1, 2012, including but not | ||||||
| 15 | limited to providing public notice pursuant to federal | ||||||
| 16 | requirements, the filing of a State Plan amendment, and the | ||||||
| 17 | adoption of administrative rules. For State fiscal year 2013, | ||||||
| 18 | payments under this Section shall be increased by 21/365ths. | ||||||
| 19 | The funding source for these additional payments shall be from | ||||||
| 20 | the increased assessment under subsection (b-5) of Section 5A-2 | ||||||
| 21 | that was received from hospital providers under Section 5A-4 | ||||||
| 22 | for the portion of State fiscal year 2012 beginning June 10, | ||||||
| 23 | 2012 through June 30, 2012. | ||||||
| 24 | (a-5) Accelerated schedule. The Illinois Department may, | ||||||
| 25 | when practicable, accelerate the schedule upon which payments | ||||||
| 26 | authorized under this Section are made. | ||||||
| |||||||
| |||||||
| 1 | (b) Magnet and perinatal hospital adjustment. In addition | ||||||
| 2 | to rates paid for inpatient hospital services, the Department | ||||||
| 3 | shall pay to each Illinois general acute care hospital that, as | ||||||
| 4 | of August 25, 2011, was recognized as a Magnet hospital by the | ||||||
| 5 | American Nurses Credentialing Center and that, as of September | ||||||
| 6 | 14, 2011, was designated as a level III perinatal center | ||||||
| 7 | amounts as follows: | ||||||
| 8 | (1) For hospitals with a case mix index equal to or | ||||||
| 9 | greater than the 80th percentile of case mix indices for | ||||||
| 10 | all Illinois hospitals, $470 for each Medicaid general | ||||||
| 11 | acute care inpatient day of care provided by the hospital | ||||||
| 12 | during State fiscal year 2009. | ||||||
| 13 | (2) For all other hospitals, $170 for each Medicaid | ||||||
| 14 | general acute care inpatient day of care provided by the | ||||||
| 15 | hospital during State fiscal year 2009. | ||||||
| 16 | (c) Trauma level II adjustment. In addition to rates paid | ||||||
| 17 | for inpatient hospital services, the Department shall pay to | ||||||
| 18 | each Illinois general acute care hospital that, as of July 1, | ||||||
| 19 | 2011, was designated as a level II trauma center amounts as | ||||||
| 20 | follows: | ||||||
| 21 | (1) For hospitals with a case mix index equal to or | ||||||
| 22 | greater than the 50th percentile of case mix indices for | ||||||
| 23 | all Illinois hospitals, $470 for each Medicaid general | ||||||
| 24 | acute care inpatient day of care provided by the hospital | ||||||
| 25 | during State fiscal year 2009. | ||||||
| 26 | (2) For all other hospitals, $170 for each Medicaid | ||||||
| |||||||
| |||||||
| 1 | general acute care inpatient day of care provided by the | ||||||
| 2 | hospital during State fiscal year 2009. | ||||||
| 3 | (3) For the purposes of this adjustment, hospitals | ||||||
| 4 | located in the same city that alternate their trauma center | ||||||
| 5 | designation as defined in 89 Ill. Adm. Code 148.295(a)(2) | ||||||
| 6 | shall have the adjustment provided under this Section | ||||||
| 7 | divided between the 2 hospitals. | ||||||
| 8 | (d) Dual-eligible adjustment. In addition to rates paid for | ||||||
| 9 | inpatient services, the Department shall pay each Illinois | ||||||
| 10 | general acute care hospital that had a ratio of crossover days | ||||||
| 11 | to total inpatient days for programs under Title XIX of the | ||||||
| 12 | Social Security Act administered by the Department (utilizing | ||||||
| 13 | information from 2009 paid claims) greater than 50%, and a case | ||||||
| 14 | mix index equal to or greater than the 75th percentile of case | ||||||
| 15 | mix indices for all Illinois hospitals, a rate of $400 for each | ||||||
| 16 | Medicaid inpatient day during State fiscal year 2009 including | ||||||
| 17 | crossover days. | ||||||
| 18 | (e) Medicaid volume adjustment. In addition to rates paid | ||||||
| 19 | for inpatient hospital services, the Department shall pay to | ||||||
| 20 | each Illinois general acute care hospital that provided more | ||||||
| 21 | than 10,000 Medicaid inpatient days of care in State fiscal | ||||||
| 22 | year 2009, has a Medicaid inpatient utilization rate of at | ||||||
| 23 | least 29.05% as calculated by the Department for the Rate Year | ||||||
| 24 | 2011 Disproportionate Share determination, and is not eligible | ||||||
| 25 | for Medicaid Percentage Adjustment payments in rate year 2011 | ||||||
| 26 | an amount equal to $135 for each Medicaid inpatient day of care | ||||||
| |||||||
| |||||||
| 1 | provided during State fiscal year 2009. | ||||||
| 2 | (f) Outpatient service adjustment. In addition to the rates | ||||||
| 3 | paid for outpatient hospital services, the Department shall pay | ||||||
| 4 | each Illinois hospital an amount at least equal to $100 | ||||||
| 5 | multiplied by the hospital's outpatient ambulatory procedure | ||||||
| 6 | listing services (excluding categories 3B and 3C) and by the | ||||||
| 7 | hospital's end stage renal disease treatment services provided | ||||||
| 8 | for State fiscal year 2009. | ||||||
| 9 | (g) Ambulatory service adjustment. | ||||||
| 10 | (1) In addition to the rates paid for outpatient | ||||||
| 11 | hospital services provided in the emergency department, | ||||||
| 12 | the Department shall pay each Illinois hospital an amount | ||||||
| 13 | equal to $105 multiplied by the hospital's outpatient | ||||||
| 14 | ambulatory procedure listing services for categories 3A, | ||||||
| 15 | 3B, and 3C for State fiscal year 2009. | ||||||
| 16 | (2) In addition to the rates paid for outpatient | ||||||
| 17 | hospital services, the Department shall pay each Illinois | ||||||
| 18 | freestanding psychiatric hospital an amount equal to $200 | ||||||
| 19 | multiplied by the hospital's ambulatory procedure listing | ||||||
| 20 | services for category 5A for State fiscal year 2009. | ||||||
| 21 | (h) Specialty hospital adjustment. In addition to the rates | ||||||
| 22 | paid for outpatient hospital services, the Department shall pay | ||||||
| 23 | each Illinois long term acute care hospital and each Illinois | ||||||
| 24 | hospital devoted exclusively to the treatment of cancer, an | ||||||
| 25 | amount equal to $700 multiplied by the hospital's outpatient | ||||||
| 26 | ambulatory procedure listing services and by the hospital's end | ||||||
| |||||||
| |||||||
| 1 | stage renal disease treatment services (including services | ||||||
| 2 | provided to individuals eligible for both Medicaid and | ||||||
| 3 | Medicare) provided for State fiscal year 2009. | ||||||
| 4 | (h-1) ER Safety Net Payments. In addition to rates paid for | ||||||
| 5 | outpatient services, the Department shall pay to each Illinois | ||||||
| 6 | general acute care hospital with an emergency room ratio equal | ||||||
| 7 | to or greater than 55%, that is not eligible for Medicaid | ||||||
| 8 | percentage adjustments payments in rate year 2011, with a case | ||||||
| 9 | mix index equal to or greater than the 20th percentile, and | ||||||
| 10 | that is not designated as a trauma center by the Illinois | ||||||
| 11 | Department of Public Health on July 1, 2011, as follows: | ||||||
| 12 | (1) Each hospital with an emergency room ratio equal to | ||||||
| 13 | or greater than 74% shall receive a rate of $225 for each | ||||||
| 14 | outpatient ambulatory procedure listing and end-stage | ||||||
| 15 | renal disease treatment service provided for State fiscal | ||||||
| 16 | year 2009. | ||||||
| 17 | (2) For all other hospitals, $65 shall be paid for each | ||||||
| 18 | outpatient ambulatory procedure listing and end-stage | ||||||
| 19 | renal disease treatment service provided for State fiscal | ||||||
| 20 | year 2009. | ||||||
| 21 | (i) Physician supplemental adjustment. In addition to the | ||||||
| 22 | rates paid for physician services, the Department shall make an | ||||||
| 23 | adjustment payment for services provided by physicians as | ||||||
| 24 | follows: | ||||||
| 25 | (1) Physician services eligible for the adjustment | ||||||
| 26 | payment are those provided by physicians employed by or who | ||||||
| |||||||
| |||||||
| 1 | have a contract to provide services to patients of the | ||||||
| 2 | following hospitals: (i) Illinois general acute care | ||||||
| 3 | hospitals that provided at least 17,000 Medicaid inpatient | ||||||
| 4 | days of care in State fiscal year 2009 and are eligible for | ||||||
| 5 | Medicaid Percentage Adjustment Payments in rate year 2011; | ||||||
| 6 | and (ii) Illinois freestanding children's hospitals, as | ||||||
| 7 | defined in 89 Ill. Adm. Code 149.50(c)(3)(A). | ||||||
| 8 | (2) The amount of the adjustment for each eligible | ||||||
| 9 | hospital under this subsection (i) shall be determined by | ||||||
| 10 | rule by the Department to spend a total pool of at least | ||||||
| 11 | $6,960,000 annually. This pool shall be allocated among the | ||||||
| 12 | eligible hospitals based on the difference between the | ||||||
| 13 | upper payment limit for what could have been paid under | ||||||
| 14 | Medicaid for physician services provided during State | ||||||
| 15 | fiscal year 2009 by physicians employed by or who had a | ||||||
| 16 | contract with the hospital and the amount that was paid | ||||||
| 17 | under Medicaid for such services, provided however, that in | ||||||
| 18 | no event shall physicians at any individual hospital | ||||||
| 19 | collectively receive an annual, aggregate adjustment in | ||||||
| 20 | excess of $435,000, except that any amount that is not | ||||||
| 21 | distributed to a hospital because of the upper payment | ||||||
| 22 | limit shall be reallocated among the remaining eligible | ||||||
| 23 | hospitals that are below the upper payment limitation, on a | ||||||
| 24 | proportionate basis. | ||||||
| 25 | (i-5) For any children's hospital which did not charge for | ||||||
| 26 | its services during the base period, the Department shall use | ||||||
| |||||||
| |||||||
| 1 | data supplied by the hospital to determine payments using | ||||||
| 2 | similar methodologies for freestanding children's hospitals | ||||||
| 3 | under this Section or Section 5A-12.2 12.2. | ||||||
| 4 | (j) For purposes of this Section, a hospital that is | ||||||
| 5 | enrolled to provide Medicaid services during State fiscal year | ||||||
| 6 | 2009 shall have its utilization and associated reimbursements | ||||||
| 7 | annualized prior to the payment calculations being performed | ||||||
| 8 | under this Section. | ||||||
| 9 | (k) For purposes of this Section, the terms "Medicaid | ||||||
| 10 | days", "ambulatory procedure listing services", and | ||||||
| 11 | "ambulatory procedure listing payments" do not include any | ||||||
| 12 | days, charges, or services for which Medicare or a managed care | ||||||
| 13 | organization reimbursed on a capitated basis was liable for | ||||||
| 14 | payment, except where explicitly stated otherwise in this | ||||||
| 15 | Section. | ||||||
| 16 | (l) Definitions. Unless the context requires otherwise or | ||||||
| 17 | unless provided otherwise in this Section, the terms used in | ||||||
| 18 | this Section for qualifying criteria and payment calculations | ||||||
| 19 | shall have the same meanings as those terms have been given in | ||||||
| 20 | the Illinois Department's administrative rules as in effect on | ||||||
| 21 | October 1, 2011. Other terms shall be defined by the Illinois | ||||||
| 22 | Department by rule. | ||||||
| 23 | As used in this Section, unless the context requires | ||||||
| 24 | otherwise: | ||||||
| 25 | "Case mix index" means, for a given hospital, the sum of
| ||||||
| 26 | the per admission (DRG) relative weighting factors in effect on | ||||||
| |||||||
| |||||||
| 1 | January 1, 2005, for all general acute care admissions for | ||||||
| 2 | State fiscal year 2009, excluding Medicare crossover | ||||||
| 3 | admissions and transplant admissions reimbursed under 89 Ill. | ||||||
| 4 | Adm. Code 148.82, divided by the total number of general acute | ||||||
| 5 | care admissions for State fiscal year 2009, excluding Medicare | ||||||
| 6 | crossover admissions and transplant admissions reimbursed | ||||||
| 7 | under 89 Ill. Adm. Code 148.82. | ||||||
| 8 | "Emergency room ratio" means, for a given hospital, a | ||||||
| 9 | fraction, the denominator of which is the number of the | ||||||
| 10 | hospital's outpatient ambulatory procedure listing and | ||||||
| 11 | end-stage renal disease treatment services provided for State | ||||||
| 12 | fiscal year 2009 and the numerator of which is the hospital's | ||||||
| 13 | outpatient ambulatory procedure listing services for | ||||||
| 14 | categories 3A, 3B, and 3C for State fiscal year 2009. | ||||||
| 15 | "Medicaid inpatient day" means, for a given hospital, the
| ||||||
| 16 | sum of days of inpatient hospital days provided to recipients | ||||||
| 17 | of medical assistance under Title XIX of the federal Social | ||||||
| 18 | Security Act, excluding days for individuals eligible for | ||||||
| 19 | Medicare under Title XVIII of that Act (Medicaid/Medicare | ||||||
| 20 | crossover days), as tabulated from the Department's paid claims | ||||||
| 21 | data for admissions occurring during State fiscal year 2009 | ||||||
| 22 | that was adjudicated by the Department through June 30, 2010. | ||||||
| 23 | "Outpatient ambulatory procedure listing services" means, | ||||||
| 24 | for a given hospital, ambulatory procedure listing services, as | ||||||
| 25 | described in 89 Ill. Adm. Code 148.140(b), provided to | ||||||
| 26 | recipients of medical assistance under Title XIX of the federal | ||||||
| |||||||
| |||||||
| 1 | Social Security Act, excluding services for individuals | ||||||
| 2 | eligible for Medicare under Title XVIII of the Act | ||||||
| 3 | (Medicaid/Medicare crossover days), as tabulated from the | ||||||
| 4 | Department's paid claims data for services occurring in State | ||||||
| 5 | fiscal year 2009 that were adjudicated by the Department | ||||||
| 6 | through September 2, 2010. | ||||||
| 7 | "Outpatient end-stage renal disease treatment services" | ||||||
| 8 | means, for a given hospital, the services, as described in 89 | ||||||
| 9 | Ill. Adm. Code 148.140(c), provided to recipients of medical | ||||||
| 10 | assistance under Title XIX of the federal Social Security Act, | ||||||
| 11 | excluding payments for individuals eligible for Medicare under | ||||||
| 12 | Title XVIII of the Act (Medicaid/Medicare crossover days), as | ||||||
| 13 | tabulated from the Department's paid claims data for services | ||||||
| 14 | occurring in State fiscal year 2009 that were adjudicated by | ||||||
| 15 | the Department through September 2, 2010. | ||||||
| 16 | (m) The Department may adjust payments made under this | ||||||
| 17 | Section 5A-12.4 to comply with federal law or regulations | ||||||
| 18 | regarding hospital-specific payment limitations on | ||||||
| 19 | government-owned or government-operated hospitals. | ||||||
| 20 | (n) Notwithstanding any of the other provisions of this | ||||||
| 21 | Section, the Department is authorized to adopt rules that | ||||||
| 22 | change the hospital access improvement payments specified in | ||||||
| 23 | this Section, but only to the extent necessary to conform to | ||||||
| 24 | any federally approved amendment to the Title XIX State plan. | ||||||
| 25 | Any such rules shall be adopted by the Department as authorized | ||||||
| 26 | by Section 5-50 of the Illinois Administrative Procedure Act. | ||||||
| |||||||
| |||||||
| 1 | Notwithstanding any other provision of law, any changes | ||||||
| 2 | implemented as a result of this subsection (n) shall be given | ||||||
| 3 | retroactive effect so that they shall be deemed to have taken | ||||||
| 4 | effect as of the effective date of this Section. | ||||||
| 5 | (o) The Department of Healthcare and Family Services must | ||||||
| 6 | submit a State Medicaid Plan Amendment to the Centers for of | ||||||
| 7 | Medicare and Medicaid Services to implement the payments under | ||||||
| 8 | this Section. within 30 days of the effective date of this Act.
| ||||||
| 9 | (Source: P.A. 97-688, eff. 6-14-12; revised 8-3-12.)
| ||||||
| 10 | ARTICLE 9. | ||||||
| 11 | Section 9-5. The Illinois Public Aid Code is amended by | ||||||
| 12 | changing Sections 3-1.2, 5-2b, 5-4, 5-5, 5-5e, 5-5e.1, and 5-5f | ||||||
| 13 | as follows:
| ||||||
| 14 | (305 ILCS 5/3-1.2) (from Ch. 23, par. 3-1.2)
| ||||||
| 15 | Sec. 3-1.2. Need. Income available to the person, when | ||||||
| 16 | added to
contributions in money, substance, or services from | ||||||
| 17 | other sources,
including contributions from legally | ||||||
| 18 | responsible relatives, must be
insufficient to equal the grant | ||||||
| 19 | amount established by Department regulation
for such person.
| ||||||
| 20 | In determining earned income to be taken into account, | ||||||
| 21 | consideration
shall be given to any expenses reasonably | ||||||
| 22 | attributable to the earning of
such income. If federal law or | ||||||
| 23 | regulations permit or require exemption
of earned or other | ||||||
| |||||||
| |||||||
| 1 | income and resources, the Illinois Department shall
provide by | ||||||
| 2 | rule and regulation that the amount of income to be
disregarded | ||||||
| 3 | be increased (1) to the maximum extent so required and (2)
to | ||||||
| 4 | the maximum extent permitted by federal law or regulation in | ||||||
| 5 | effect
as of the date this Amendatory Act becomes law. The | ||||||
| 6 | Illinois Department
may also provide by rule and regulation | ||||||
| 7 | that the amount of resources to
be disregarded be increased to | ||||||
| 8 | the maximum extent so permitted or required. Subject to federal | ||||||
| 9 | approval, resources (for example, land, buildings, equipment, | ||||||
| 10 | supplies, or tools), including farmland property and personal | ||||||
| 11 | property used in the income-producing operations related to the | ||||||
| 12 | farmland (for example, equipment and supplies, motor vehicles, | ||||||
| 13 | or tools), necessary for self-support, up to $6,000 of the | ||||||
| 14 | person's equity in the income-producing property, provided | ||||||
| 15 | that the property produces a net annual income of at least 6% | ||||||
| 16 | of the excluded equity value of the property, are exempt. | ||||||
| 17 | Equity value in excess of $6,000 shall not be excluded. If if | ||||||
| 18 | the activity produces income that is less than 6% of the exempt | ||||||
| 19 | equity due to reasons beyond the person's control (for example, | ||||||
| 20 | the person's illness or crop failure) and there is a reasonable | ||||||
| 21 | expectation that the property will again produce income equal | ||||||
| 22 | to or greater than 6% of the equity value (for example, a | ||||||
| 23 | medical prognosis that the person is expected to respond to | ||||||
| 24 | treatment or that drought-resistant corn will be planted), the | ||||||
| 25 | equity value in the property up to $6,000 is exempt. If the | ||||||
| 26 | person owns more than one piece of property and each produces | ||||||
| |||||||
| |||||||
| 1 | income, each piece of property shall be looked at to determine | ||||||
| 2 | whether the 6% rule is met, and then the amounts of the | ||||||
| 3 | person's equity in all of those properties shall be totaled to | ||||||
| 4 | determine whether the total equity is $6,000 or less. The total | ||||||
| 5 | equity value of all properties that is exempt shall be limited | ||||||
| 6 | to $6,000.
| ||||||
| 7 | In determining the resources of an individual or any | ||||||
| 8 | dependents, the
Department shall exclude from consideration | ||||||
| 9 | the value of funeral and burial
spaces, funeral and
burial | ||||||
| 10 | insurance the proceeds of which can only be used to pay the | ||||||
| 11 | funeral
and burial expenses of the insured and funds | ||||||
| 12 | specifically set aside for the
funeral and burial arrangements | ||||||
| 13 | of the individual or his or her dependents,
including prepaid | ||||||
| 14 | funeral and burial plans, to the same extent that such
items | ||||||
| 15 | are excluded from consideration under the federal Supplemental
| ||||||
| 16 | Security Income program (SSI). | ||||||
| 17 | Prepaid funeral or burial contracts are exempt to the | ||||||
| 18 | following extent:
| ||||||
| 19 | (1) Funds in a revocable prepaid funeral or burial | ||||||
| 20 | contract are exempt up to $1,500, except that any portion | ||||||
| 21 | of a contract that clearly represents the purchase of | ||||||
| 22 | burial space, as that term is defined for purposes of the | ||||||
| 23 | Supplemental Security Income program, is exempt regardless | ||||||
| 24 | of value. | ||||||
| 25 | (2) Funds in an irrevocable prepaid funeral or burial | ||||||
| 26 | contract are exempt up to $5,874, except that any portion | ||||||
| |||||||
| |||||||
| 1 | of a contract that clearly represents the purchase of | ||||||
| 2 | burial space, as that term is defined for purposes of the | ||||||
| 3 | Supplemental Security Income program, is exempt regardless | ||||||
| 4 | of value. This amount shall be adjusted annually for any | ||||||
| 5 | increase in the Consumer Price Index. The amount exempted | ||||||
| 6 | shall be limited to the price of the funeral goods and | ||||||
| 7 | services to be provided upon death. The contract must | ||||||
| 8 | provide a complete description of the funeral goods and | ||||||
| 9 | services to be provided and the price thereof. Any amount | ||||||
| 10 | in the contract not so specified shall be treated as a | ||||||
| 11 | transfer of assets for less than fair market value. | ||||||
| 12 | (3) A prepaid, guaranteed-price funeral or burial | ||||||
| 13 | contract, funded by an irrevocable assignment of a person's | ||||||
| 14 | life insurance policy to a trust, is exempt. The amount | ||||||
| 15 | exempted shall be limited to the amount of the insurance | ||||||
| 16 | benefit designated for the cost of the funeral goods and | ||||||
| 17 | services to be provided upon the person's death. The | ||||||
| 18 | contract must provide a complete description of the funeral | ||||||
| 19 | goods and services to be provided and the price thereof. | ||||||
| 20 | Any amount in the contract not so specified shall be | ||||||
| 21 | treated as a transfer of assets for less than fair market | ||||||
| 22 | value. The trust must include a statement that, upon the | ||||||
| 23 | death of the person, the State will receive all amounts | ||||||
| 24 | remaining in the trust, including any remaining payable | ||||||
| 25 | proceeds under the insurance policy up to an amount equal | ||||||
| 26 | to the total medical assistance paid on behalf of the | ||||||
| |||||||
| |||||||
| 1 | person. The trust is responsible for ensuring that the | ||||||
| 2 | provider of funeral services under the contract receives | ||||||
| 3 | the proceeds of the policy when it provides the funeral | ||||||
| 4 | goods and services specified under the contract. The | ||||||
| 5 | irrevocable assignment of ownership of the insurance | ||||||
| 6 | policy must be acknowledged by the insurance company. | ||||||
| 7 | Notwithstanding any other provision of this Code to the | ||||||
| 8 | contrary, an irrevocable trust containing the resources of a | ||||||
| 9 | person who is determined to have a disability shall be | ||||||
| 10 | considered exempt from consideration. A pooled Such trust must | ||||||
| 11 | be established and managed by a non-profit association that | ||||||
| 12 | pools funds but maintains a separate account for each | ||||||
| 13 | beneficiary. The trust may be established by the person, a | ||||||
| 14 | parent, grandparent, legal guardian, or court. It must be | ||||||
| 15 | established for the sole benefit of the person and language | ||||||
| 16 | contained in the trust shall stipulate that any amount | ||||||
| 17 | remaining in the trust (up to the amount expended by the | ||||||
| 18 | Department on medical assistance) that is not retained by the | ||||||
| 19 | trust for reasonable administrative costs related to wrapping | ||||||
| 20 | up the affairs of the subaccount shall be paid to the | ||||||
| 21 | Department upon the death of the person. After a person reaches | ||||||
| 22 | age 65, any funding by or on behalf of the person to the trust | ||||||
| 23 | shall be treated as a transfer of assets for less than fair | ||||||
| 24 | market value unless the person is a ward of a county public | ||||||
| 25 | guardian or the State guardian pursuant to Section 13-5 of the | ||||||
| 26 | Probate Act of 1975 or Section 30 of the Guardianship and | ||||||
| |||||||
| |||||||
| 1 | Advocacy Act and lives in the community, or the person is a | ||||||
| 2 | ward of a county public guardian or the State guardian pursuant | ||||||
| 3 | to Section 13-5 of the Probate Act of 1975 or Section 30 of the | ||||||
| 4 | Guardianship and Advocacy Act and a court has found that any | ||||||
| 5 | expenditures from the trust will maintain or enhance the | ||||||
| 6 | person's quality of life. If the trust contains proceeds from a | ||||||
| 7 | personal injury settlement, any Department charge must be | ||||||
| 8 | satisfied in order for the transfer to the trust to be treated | ||||||
| 9 | as a transfer for fair market value. | ||||||
| 10 | The homestead shall be exempt from consideration except to | ||||||
| 11 | the extent
that it meets the income and shelter needs of the | ||||||
| 12 | person. "Homestead"
means the dwelling house and contiguous | ||||||
| 13 | real estate owned and occupied
by the person, regardless of its | ||||||
| 14 | value. Subject to federal approval, a person shall not be | ||||||
| 15 | eligible for long-term care services, however, if the person's | ||||||
| 16 | equity interest in his or her homestead exceeds the minimum | ||||||
| 17 | home equity as allowed and increased annually under federal | ||||||
| 18 | law. Subject to federal approval, on and after the effective | ||||||
| 19 | date of this amendatory Act of the 97th General Assembly, | ||||||
| 20 | homestead property transferred to a trust shall no longer be | ||||||
| 21 | considered homestead property.
| ||||||
| 22 | Occasional or irregular gifts in cash, goods or services | ||||||
| 23 | from persons
who are not legally responsible relatives which | ||||||
| 24 | are of nominal value or
which do not have significant effect in | ||||||
| 25 | meeting essential requirements
shall be disregarded. The | ||||||
| 26 | eligibility of any applicant for or recipient
of public aid | ||||||
| |||||||
| |||||||
| 1 | under this Article is not affected by the payment of any
grant | ||||||
| 2 | under the "Senior Citizens and Disabled Persons Property Tax
| ||||||
| 3 | Relief Act" or any distributions or items of
income described | ||||||
| 4 | under subparagraph (X) of paragraph (2) of subsection (a) of
| ||||||
| 5 | Section 203 of the Illinois Income Tax Act.
| ||||||
| 6 | The Illinois Department may, after appropriate | ||||||
| 7 | investigation, establish
and implement a consolidated standard | ||||||
| 8 | to determine need and eligibility
for and amount of benefits | ||||||
| 9 | under this Article or a uniform cash supplement
to the federal | ||||||
| 10 | Supplemental Security Income program for all or any part
of the | ||||||
| 11 | then current recipients under this Article; provided, however, | ||||||
| 12 | that
the establishment or implementation of such a standard or | ||||||
| 13 | supplement shall
not result in reductions in benefits under | ||||||
| 14 | this Article for the then current
recipients of such benefits.
| ||||||
| 15 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
| 16 | (305 ILCS 5/5-2b) | ||||||
| 17 | Sec. 5-2b. Medically fragile and technology dependent | ||||||
| 18 | children eligibility and program. Notwithstanding any other | ||||||
| 19 | provision of law, on and after September 1, 2012, subject to | ||||||
| 20 | federal approval, medical assistance under this Article shall | ||||||
| 21 | be available to children who qualify as persons with a | ||||||
| 22 | disability, as defined under the federal Supplemental Security | ||||||
| 23 | Income program and who are medically fragile and technology | ||||||
| 24 | dependent. The program shall allow eligible children to receive | ||||||
| 25 | the medical assistance provided under this Article in the | ||||||
| |||||||
| |||||||
| 1 | community, shall be limited to families with income up to 500% | ||||||
| 2 | of the federal poverty level, and must maximize, to the fullest | ||||||
| 3 | extent permissible under federal law, federal reimbursement | ||||||
| 4 | and family cost-sharing, including co-pays, premiums, or any | ||||||
| 5 | other family contributions, except that the Department shall be | ||||||
| 6 | permitted to incentivize the utilization of selected services | ||||||
| 7 | through the use of cost-sharing adjustments. The Department | ||||||
| 8 | shall establish the policies, procedures, standards, services, | ||||||
| 9 | and criteria for this program by rule.
| ||||||
| 10 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
| 11 | (305 ILCS 5/5-4) (from Ch. 23, par. 5-4)
| ||||||
| 12 | Sec. 5-4. Amount and nature of medical assistance. | ||||||
| 13 | (a) The amount and nature of
medical assistance shall be | ||||||
| 14 | determined in accordance
with the standards, rules, and | ||||||
| 15 | regulations of the Department of Healthcare and Family | ||||||
| 16 | Services, with due regard to the requirements and conditions in | ||||||
| 17 | each case,
including contributions available from legally | ||||||
| 18 | responsible
relatives. However, the amount and nature of such | ||||||
| 19 | medical assistance shall
not be affected by the payment of any | ||||||
| 20 | grant under the Senior Citizens and
Disabled Persons Property | ||||||
| 21 | Tax Relief Act or any
distributions or items of income | ||||||
| 22 | described under subparagraph (X) of
paragraph (2) of subsection | ||||||
| 23 | (a) of Section 203 of the Illinois Income Tax
Act.
The amount | ||||||
| 24 | and nature of medical assistance shall not be affected by the
| ||||||
| 25 | receipt of donations or benefits from fundraisers in cases of | ||||||
| |||||||
| |||||||
| 1 | serious
illness, as long as neither the person nor members of | ||||||
| 2 | the person's family
have actual control over the donations or | ||||||
| 3 | benefits or the disbursement of
the donations or benefits.
| ||||||
| 4 | In determining the income and resources available to the | ||||||
| 5 | institutionalized
spouse and to the community spouse, the | ||||||
| 6 | Department of Healthcare and Family Services
shall follow the | ||||||
| 7 | procedures established by federal law. If an institutionalized | ||||||
| 8 | spouse or community spouse refuses to comply with the | ||||||
| 9 | requirements of Title XIX of the federal Social Security Act | ||||||
| 10 | and the regulations duly promulgated thereunder by failing to | ||||||
| 11 | provide the total value of assets, including income and | ||||||
| 12 | resources, to the extent either the institutionalized spouse or | ||||||
| 13 | community spouse has an ownership interest in them pursuant to | ||||||
| 14 | 42 U.S.C. 1396r-5, such refusal may result in the | ||||||
| 15 | institutionalized spouse being denied eligibility and | ||||||
| 16 | continuing to remain ineligible for the medical assistance | ||||||
| 17 | program based on failure to cooperate. | ||||||
| 18 | Subject to federal approval, the community spouse
resource | ||||||
| 19 | allowance shall be established and maintained at the higher of | ||||||
| 20 | $109,560 or the minimum level
permitted pursuant to Section | ||||||
| 21 | 1924(f)(2) of the Social Security Act, as now
or hereafter | ||||||
| 22 | amended, or an amount set after a fair hearing, whichever is
| ||||||
| 23 | greater. The monthly maintenance allowance for the community | ||||||
| 24 | spouse shall be
established and maintained at the higher of | ||||||
| 25 | $2,739 per month or the minimum level permitted pursuant to | ||||||
| 26 | Section
1924(d)(3)(C) of the Social Security Act, as now or | ||||||
| |||||||
| |||||||
| 1 | hereafter amended, or an amount set after a fair hearing, | ||||||
| 2 | whichever is greater. Subject
to the approval of the Secretary | ||||||
| 3 | of the United States Department of Health and
Human Services, | ||||||
| 4 | the provisions of this Section shall be extended to persons who
| ||||||
| 5 | but for the provision of home or community-based services under | ||||||
| 6 | Section
4.02 of the Illinois Act on the Aging, would require | ||||||
| 7 | the level of care provided
in an institution, as is provided | ||||||
| 8 | for in federal law.
| ||||||
| 9 | (b) Spousal support for institutionalized spouses | ||||||
| 10 | receiving medical assistance. | ||||||
| 11 | (i) The Department may seek support for an | ||||||
| 12 | institutionalized spouse, who has assigned his or her right | ||||||
| 13 | of support from his or her spouse to the State, from the | ||||||
| 14 | resources and income available to the community spouse. | ||||||
| 15 | (ii) The Department may bring an action in the circuit | ||||||
| 16 | court to establish support orders or itself establish | ||||||
| 17 | administrative support orders by any means and procedures | ||||||
| 18 | authorized in this Code, as applicable, except that the | ||||||
| 19 | standard and regulations for determining ability to | ||||||
| 20 | support in Section 10-3 shall not limit the amount of | ||||||
| 21 | support that may be ordered. | ||||||
| 22 | (iii) Proceedings may be initiated to obtain support, | ||||||
| 23 | or for the recovery of aid granted during the period such | ||||||
| 24 | support was not provided, or both, for the obtainment of | ||||||
| 25 | support and the recovery of the aid provided. Proceedings | ||||||
| 26 | for the recovery of aid may be taken separately or they may | ||||||
| |||||||
| |||||||
| 1 | be consolidated with actions to obtain support. Such | ||||||
| 2 | proceedings may be brought in the name of the person or | ||||||
| 3 | persons requiring support or may be brought in the name of | ||||||
| 4 | the Department, as the case requires. | ||||||
| 5 | (iv) The orders for the payment of moneys for the | ||||||
| 6 | support of the person shall be just and equitable and may | ||||||
| 7 | direct payment thereof for such period or periods of time | ||||||
| 8 | as the circumstances require, including support for a | ||||||
| 9 | period before the date the order for support is entered. In | ||||||
| 10 | no event shall the orders reduce the community spouse | ||||||
| 11 | resource allowance below the level established in | ||||||
| 12 | subsection (a) of this Section or an amount set after a | ||||||
| 13 | fair hearing, whichever is greater, or reduce the monthly | ||||||
| 14 | maintenance allowance for the community spouse below the | ||||||
| 15 | level permitted pursuant to subsection (a) of this Section.
| ||||||
| 16 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
| 17 | (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
| ||||||
| 18 | Sec. 5-5. Medical services. The Illinois Department, by | ||||||
| 19 | rule, shall
determine the quantity and quality of and the rate | ||||||
| 20 | of reimbursement for the
medical assistance for which
payment | ||||||
| 21 | will be authorized, and the medical services to be provided,
| ||||||
| 22 | which may include all or part of the following: (1) inpatient | ||||||
| 23 | hospital
services; (2) outpatient hospital services; (3) other | ||||||
| 24 | laboratory and
X-ray services; (4) skilled nursing home | ||||||
| 25 | services; (5) physicians'
services whether furnished in the | ||||||
| |||||||
| |||||||
| 1 | office, the patient's home, a
hospital, a skilled nursing home, | ||||||
| 2 | or elsewhere; (6) medical care, or any
other type of remedial | ||||||
| 3 | care furnished by licensed practitioners; (7)
home health care | ||||||
| 4 | services; (8) private duty nursing service; (9) clinic
| ||||||
| 5 | services; (10) dental services, including prevention and | ||||||
| 6 | treatment of periodontal disease and dental caries disease for | ||||||
| 7 | pregnant women, provided by an individual licensed to practice | ||||||
| 8 | dentistry or dental surgery; for purposes of this item (10), | ||||||
| 9 | "dental services" means diagnostic, preventive, or corrective | ||||||
| 10 | procedures provided by or under the supervision of a dentist in | ||||||
| 11 | the practice of his or her profession; (11) physical therapy | ||||||
| 12 | and related
services; (12) prescribed drugs, dentures, and | ||||||
| 13 | prosthetic devices; and
eyeglasses prescribed by a physician | ||||||
| 14 | skilled in the diseases of the eye,
or by an optometrist, | ||||||
| 15 | whichever the person may select; (13) other
diagnostic, | ||||||
| 16 | screening, preventive, and rehabilitative services, including | ||||||
| 17 | to ensure that the individual's need for intervention or | ||||||
| 18 | treatment of mental disorders or substance use disorders or | ||||||
| 19 | co-occurring mental health and substance use disorders is | ||||||
| 20 | determined using a uniform screening, assessment, and | ||||||
| 21 | evaluation process inclusive of criteria, for children and | ||||||
| 22 | adults; for purposes of this item (13), a uniform screening, | ||||||
| 23 | assessment, and evaluation process refers to a process that | ||||||
| 24 | includes an appropriate evaluation and, as warranted, a | ||||||
| 25 | referral; "uniform" does not mean the use of a singular | ||||||
| 26 | instrument, tool, or process that all must utilize; (14)
| ||||||
| |||||||
| |||||||
| 1 | transportation and such other expenses as may be necessary; | ||||||
| 2 | (15) medical
treatment of sexual assault survivors, as defined | ||||||
| 3 | in
Section 1a of the Sexual Assault Survivors Emergency | ||||||
| 4 | Treatment Act, for
injuries sustained as a result of the sexual | ||||||
| 5 | assault, including
examinations and laboratory tests to | ||||||
| 6 | discover evidence which may be used in
criminal proceedings | ||||||
| 7 | arising from the sexual assault; (16) the
diagnosis and | ||||||
| 8 | treatment of sickle cell anemia; and (17)
any other medical | ||||||
| 9 | care, and any other type of remedial care recognized
under the | ||||||
| 10 | laws of this State, but not including abortions, or induced
| ||||||
| 11 | miscarriages or premature births, unless, in the opinion of a | ||||||
| 12 | physician,
such procedures are necessary for the preservation | ||||||
| 13 | of the life of the
woman seeking such treatment, or except an | ||||||
| 14 | induced premature birth
intended to produce a live viable child | ||||||
| 15 | and such procedure is necessary
for the health of the mother or | ||||||
| 16 | her unborn child. The Illinois Department,
by rule, shall | ||||||
| 17 | prohibit any physician from providing medical assistance
to | ||||||
| 18 | anyone eligible therefor under this Code where such physician | ||||||
| 19 | has been
found guilty of performing an abortion procedure in a | ||||||
| 20 | wilful and wanton
manner upon a woman who was not pregnant at | ||||||
| 21 | the time such abortion
procedure was performed. The term "any | ||||||
| 22 | other type of remedial care" shall
include nursing care and | ||||||
| 23 | nursing home service for persons who rely on
treatment by | ||||||
| 24 | spiritual means alone through prayer for healing.
| ||||||
| 25 | Notwithstanding any other provision of this Section, a | ||||||
| 26 | comprehensive
tobacco use cessation program that includes | ||||||
| |||||||
| |||||||
| 1 | purchasing prescription drugs or
prescription medical devices | ||||||
| 2 | approved by the Food and Drug Administration shall
be covered | ||||||
| 3 | under the medical assistance
program under this Article for | ||||||
| 4 | persons who are otherwise eligible for
assistance under this | ||||||
| 5 | Article.
| ||||||
| 6 | Notwithstanding any other provision of this Code, the | ||||||
| 7 | Illinois
Department may not require, as a condition of payment | ||||||
| 8 | for any laboratory
test authorized under this Article, that a | ||||||
| 9 | physician's handwritten signature
appear on the laboratory | ||||||
| 10 | test order form. The Illinois Department may,
however, impose | ||||||
| 11 | other appropriate requirements regarding laboratory test
order | ||||||
| 12 | documentation.
| ||||||
| 13 | On and after July 1, 2012, the Department of Healthcare and | ||||||
| 14 | Family Services may provide the following services to
persons
| ||||||
| 15 | eligible for assistance under this Article who are | ||||||
| 16 | participating in
education, training or employment programs | ||||||
| 17 | operated by the Department of Human
Services as successor to | ||||||
| 18 | the Department of Public Aid:
| ||||||
| 19 | (1) dental services provided by or under the | ||||||
| 20 | supervision of a dentist; and
| ||||||
| 21 | (2) eyeglasses prescribed by a physician skilled in the | ||||||
| 22 | diseases of the
eye, or by an optometrist, whichever the | ||||||
| 23 | person may select.
| ||||||
| 24 | Notwithstanding any other provision of this Code and | ||||||
| 25 | subject to federal approval, the Department may adopt rules to | ||||||
| 26 | allow a dentist who is volunteering his or her service at no | ||||||
| |||||||
| |||||||
| 1 | cost to render dental services through an enrolled | ||||||
| 2 | not-for-profit health clinic without the dentist personally | ||||||
| 3 | enrolling as a participating provider in the medical assistance | ||||||
| 4 | program. A not-for-profit health clinic shall include a public | ||||||
| 5 | health clinic or Federally Qualified Health Center or other | ||||||
| 6 | enrolled provider, as determined by the Department, through | ||||||
| 7 | which dental services covered under this Section are performed. | ||||||
| 8 | The Department shall establish a process for payment of claims | ||||||
| 9 | for reimbursement for covered dental services rendered under | ||||||
| 10 | this provision. | ||||||
| 11 | The Illinois Department, by rule, may distinguish and | ||||||
| 12 | classify the
medical services to be provided only in accordance | ||||||
| 13 | with the classes of
persons designated in Section 5-2.
| ||||||
| 14 | The Department of Healthcare and Family Services must | ||||||
| 15 | provide coverage and reimbursement for amino acid-based | ||||||
| 16 | elemental formulas, regardless of delivery method, for the | ||||||
| 17 | diagnosis and treatment of (i) eosinophilic disorders and (ii) | ||||||
| 18 | short bowel syndrome when the prescribing physician has issued | ||||||
| 19 | a written order stating that the amino acid-based elemental | ||||||
| 20 | formula is medically necessary.
| ||||||
| 21 | The Illinois Department shall authorize the provision of, | ||||||
| 22 | and shall
authorize payment for, screening by low-dose | ||||||
| 23 | mammography for the presence of
occult breast cancer for women | ||||||
| 24 | 35 years of age or older who are eligible
for medical | ||||||
| 25 | assistance under this Article, as follows: | ||||||
| 26 | (A) A baseline
mammogram for women 35 to 39 years of | ||||||
| |||||||
| |||||||
| 1 | age.
| ||||||
| 2 | (B) An annual mammogram for women 40 years of age or | ||||||
| 3 | older. | ||||||
| 4 | (C) A mammogram at the age and intervals considered | ||||||
| 5 | medically necessary by the woman's health care provider for | ||||||
| 6 | women under 40 years of age and having a family history of | ||||||
| 7 | breast cancer, prior personal history of breast cancer, | ||||||
| 8 | positive genetic testing, or other risk factors. | ||||||
| 9 | (D) A comprehensive ultrasound screening of an entire | ||||||
| 10 | breast or breasts if a mammogram demonstrates | ||||||
| 11 | heterogeneous or dense breast tissue, when medically | ||||||
| 12 | necessary as determined by a physician licensed to practice | ||||||
| 13 | medicine in all of its branches. | ||||||
| 14 | All screenings
shall
include a physical breast exam, | ||||||
| 15 | instruction on self-examination and
information regarding the | ||||||
| 16 | frequency of self-examination and its value as a
preventative | ||||||
| 17 | tool. For purposes of this Section, "low-dose mammography" | ||||||
| 18 | means
the x-ray examination of the breast using equipment | ||||||
| 19 | dedicated specifically
for mammography, including the x-ray | ||||||
| 20 | tube, filter, compression device,
and image receptor, with an | ||||||
| 21 | average radiation exposure delivery
of less than one rad per | ||||||
| 22 | breast for 2 views of an average size breast.
The term also | ||||||
| 23 | includes digital mammography.
| ||||||
| 24 | On and after January 1, 2012, providers participating in a | ||||||
| 25 | quality improvement program approved by the Department shall be | ||||||
| 26 | reimbursed for screening and diagnostic mammography at the same | ||||||
| |||||||
| |||||||
| 1 | rate as the Medicare program's rates, including the increased | ||||||
| 2 | reimbursement for digital mammography. | ||||||
| 3 | The Department shall convene an expert panel including | ||||||
| 4 | representatives of hospitals, free-standing mammography | ||||||
| 5 | facilities, and doctors, including radiologists, to establish | ||||||
| 6 | quality standards. | ||||||
| 7 | Subject to federal approval, the Department shall | ||||||
| 8 | establish a rate methodology for mammography at federally | ||||||
| 9 | qualified health centers and other encounter-rate clinics. | ||||||
| 10 | These clinics or centers may also collaborate with other | ||||||
| 11 | hospital-based mammography facilities. | ||||||
| 12 | The Department shall establish a methodology to remind | ||||||
| 13 | women who are age-appropriate for screening mammography, but | ||||||
| 14 | who have not received a mammogram within the previous 18 | ||||||
| 15 | months, of the importance and benefit of screening mammography. | ||||||
| 16 | The Department shall establish a performance goal for | ||||||
| 17 | primary care providers with respect to their female patients | ||||||
| 18 | over age 40 receiving an annual mammogram. This performance | ||||||
| 19 | goal shall be used to provide additional reimbursement in the | ||||||
| 20 | form of a quality performance bonus to primary care providers | ||||||
| 21 | who meet that goal. | ||||||
| 22 | The Department shall devise a means of case-managing or | ||||||
| 23 | patient navigation for beneficiaries diagnosed with breast | ||||||
| 24 | cancer. This program shall initially operate as a pilot program | ||||||
| 25 | in areas of the State with the highest incidence of mortality | ||||||
| 26 | related to breast cancer. At least one pilot program site shall | ||||||
| |||||||
| |||||||
| 1 | be in the metropolitan Chicago area and at least one site shall | ||||||
| 2 | be outside the metropolitan Chicago area. An evaluation of the | ||||||
| 3 | pilot program shall be carried out measuring health outcomes | ||||||
| 4 | and cost of care for those served by the pilot program compared | ||||||
| 5 | to similarly situated patients who are not served by the pilot | ||||||
| 6 | program. | ||||||
| 7 | Any medical or health care provider shall immediately | ||||||
| 8 | recommend, to
any pregnant woman who is being provided prenatal | ||||||
| 9 | services and is suspected
of drug abuse or is addicted as | ||||||
| 10 | defined in the Alcoholism and Other Drug Abuse
and Dependency | ||||||
| 11 | Act, referral to a local substance abuse treatment provider
| ||||||
| 12 | licensed by the Department of Human Services or to a licensed
| ||||||
| 13 | hospital which provides substance abuse treatment services. | ||||||
| 14 | The Department of Healthcare and Family Services
shall assure | ||||||
| 15 | coverage for the cost of treatment of the drug abuse or
| ||||||
| 16 | addiction for pregnant recipients in accordance with the | ||||||
| 17 | Illinois Medicaid
Program in conjunction with the Department of | ||||||
| 18 | Human Services.
| ||||||
| 19 | All medical providers providing medical assistance to | ||||||
| 20 | pregnant women
under this Code shall receive information from | ||||||
| 21 | the Department on the
availability of services under the Drug | ||||||
| 22 | Free Families with a Future or any
comparable program providing | ||||||
| 23 | case management services for addicted women,
including | ||||||
| 24 | information on appropriate referrals for other social services
| ||||||
| 25 | that may be needed by addicted women in addition to treatment | ||||||
| 26 | for addiction.
| ||||||
| |||||||
| |||||||
| 1 | The Illinois Department, in cooperation with the | ||||||
| 2 | Departments of Human
Services (as successor to the Department | ||||||
| 3 | of Alcoholism and Substance
Abuse) and Public Health, through a | ||||||
| 4 | public awareness campaign, may
provide information concerning | ||||||
| 5 | treatment for alcoholism and drug abuse and
addiction, prenatal | ||||||
| 6 | health care, and other pertinent programs directed at
reducing | ||||||
| 7 | the number of drug-affected infants born to recipients of | ||||||
| 8 | medical
assistance.
| ||||||
| 9 | Neither the Department of Healthcare and Family Services | ||||||
| 10 | nor the Department of Human
Services shall sanction the | ||||||
| 11 | recipient solely on the basis of
her substance abuse.
| ||||||
| 12 | The Illinois Department shall establish such regulations | ||||||
| 13 | governing
the dispensing of health services under this Article | ||||||
| 14 | as it shall deem
appropriate. The Department
should
seek the | ||||||
| 15 | advice of formal professional advisory committees appointed by
| ||||||
| 16 | the Director of the Illinois Department for the purpose of | ||||||
| 17 | providing regular
advice on policy and administrative matters, | ||||||
| 18 | information dissemination and
educational activities for | ||||||
| 19 | medical and health care providers, and
consistency in | ||||||
| 20 | procedures to the Illinois Department.
| ||||||
| 21 | The Illinois Department may develop and contract with | ||||||
| 22 | Partnerships of
medical providers to arrange medical services | ||||||
| 23 | for persons eligible under
Section 5-2 of this Code. | ||||||
| 24 | Implementation of this Section may be by
demonstration projects | ||||||
| 25 | in certain geographic areas. The Partnership shall
be | ||||||
| 26 | represented by a sponsor organization. The Department, by rule, | ||||||
| |||||||
| |||||||
| 1 | shall
develop qualifications for sponsors of Partnerships. | ||||||
| 2 | Nothing in this
Section shall be construed to require that the | ||||||
| 3 | sponsor organization be a
medical organization.
| ||||||
| 4 | The sponsor must negotiate formal written contracts with | ||||||
| 5 | medical
providers for physician services, inpatient and | ||||||
| 6 | outpatient hospital care,
home health services, treatment for | ||||||
| 7 | alcoholism and substance abuse, and
other services determined | ||||||
| 8 | necessary by the Illinois Department by rule for
delivery by | ||||||
| 9 | Partnerships. Physician services must include prenatal and
| ||||||
| 10 | obstetrical care. The Illinois Department shall reimburse | ||||||
| 11 | medical services
delivered by Partnership providers to clients | ||||||
| 12 | in target areas according to
provisions of this Article and the | ||||||
| 13 | Illinois Health Finance Reform Act,
except that:
| ||||||
| 14 | (1) Physicians participating in a Partnership and | ||||||
| 15 | providing certain
services, which shall be determined by | ||||||
| 16 | the Illinois Department, to persons
in areas covered by the | ||||||
| 17 | Partnership may receive an additional surcharge
for such | ||||||
| 18 | services.
| ||||||
| 19 | (2) The Department may elect to consider and negotiate | ||||||
| 20 | financial
incentives to encourage the development of | ||||||
| 21 | Partnerships and the efficient
delivery of medical care.
| ||||||
| 22 | (3) Persons receiving medical services through | ||||||
| 23 | Partnerships may receive
medical and case management | ||||||
| 24 | services above the level usually offered
through the | ||||||
| 25 | medical assistance program.
| ||||||
| 26 | Medical providers shall be required to meet certain | ||||||
| |||||||
| |||||||
| 1 | qualifications to
participate in Partnerships to ensure the | ||||||
| 2 | delivery of high quality medical
services. These | ||||||
| 3 | qualifications shall be determined by rule of the Illinois
| ||||||
| 4 | Department and may be higher than qualifications for | ||||||
| 5 | participation in the
medical assistance program. Partnership | ||||||
| 6 | sponsors may prescribe reasonable
additional qualifications | ||||||
| 7 | for participation by medical providers, only with
the prior | ||||||
| 8 | written approval of the Illinois Department.
| ||||||
| 9 | Nothing in this Section shall limit the free choice of | ||||||
| 10 | practitioners,
hospitals, and other providers of medical | ||||||
| 11 | services by clients.
In order to ensure patient freedom of | ||||||
| 12 | choice, the Illinois Department shall
immediately promulgate | ||||||
| 13 | all rules and take all other necessary actions so that
provided | ||||||
| 14 | services may be accessed from therapeutically certified | ||||||
| 15 | optometrists
to the full extent of the Illinois Optometric | ||||||
| 16 | Practice Act of 1987 without
discriminating between service | ||||||
| 17 | providers.
| ||||||
| 18 | The Department shall apply for a waiver from the United | ||||||
| 19 | States Health
Care Financing Administration to allow for the | ||||||
| 20 | implementation of
Partnerships under this Section.
| ||||||
| 21 | The Illinois Department shall require health care | ||||||
| 22 | providers to maintain
records that document the medical care | ||||||
| 23 | and services provided to recipients
of Medical Assistance under | ||||||
| 24 | this Article. Such records must be retained for a period of not | ||||||
| 25 | less than 6 years from the date of service or as provided by | ||||||
| 26 | applicable State law, whichever period is longer, except that | ||||||
| |||||||
| |||||||
| 1 | if an audit is initiated within the required retention period | ||||||
| 2 | then the records must be retained until the audit is completed | ||||||
| 3 | and every exception is resolved. The Illinois Department shall
| ||||||
| 4 | require health care providers to make available, when | ||||||
| 5 | authorized by the
patient, in writing, the medical records in a | ||||||
| 6 | timely fashion to other
health care providers who are treating | ||||||
| 7 | or serving persons eligible for
Medical Assistance under this | ||||||
| 8 | Article. All dispensers of medical services
shall be required | ||||||
| 9 | to maintain and retain business and professional records
| ||||||
| 10 | sufficient to fully and accurately document the nature, scope, | ||||||
| 11 | details and
receipt of the health care provided to persons | ||||||
| 12 | eligible for medical
assistance under this Code, in accordance | ||||||
| 13 | with regulations promulgated by
the Illinois Department. The | ||||||
| 14 | rules and regulations shall require that proof
of the receipt | ||||||
| 15 | of prescription drugs, dentures, prosthetic devices and
| ||||||
| 16 | eyeglasses by eligible persons under this Section accompany | ||||||
| 17 | each claim
for reimbursement submitted by the dispenser of such | ||||||
| 18 | medical services.
No such claims for reimbursement shall be | ||||||
| 19 | approved for payment by the Illinois
Department without such | ||||||
| 20 | proof of receipt, unless the Illinois Department
shall have put | ||||||
| 21 | into effect and shall be operating a system of post-payment
| ||||||
| 22 | audit and review which shall, on a sampling basis, be deemed | ||||||
| 23 | adequate by
the Illinois Department to assure that such drugs, | ||||||
| 24 | dentures, prosthetic
devices and eyeglasses for which payment | ||||||
| 25 | is being made are actually being
received by eligible | ||||||
| 26 | recipients. Within 90 days after the effective date of
this | ||||||
| |||||||
| |||||||
| 1 | amendatory Act of 1984, the Illinois Department shall establish | ||||||
| 2 | a
current list of acquisition costs for all prosthetic devices | ||||||
| 3 | and any
other items recognized as medical equipment and | ||||||
| 4 | supplies reimbursable under
this Article and shall update such | ||||||
| 5 | list on a quarterly basis, except that
the acquisition costs of | ||||||
| 6 | all prescription drugs shall be updated no
less frequently than | ||||||
| 7 | every 30 days as required by Section 5-5.12.
| ||||||
| 8 | The rules and regulations of the Illinois Department shall | ||||||
| 9 | require
that a written statement including the required opinion | ||||||
| 10 | of a physician
shall accompany any claim for reimbursement for | ||||||
| 11 | abortions, or induced
miscarriages or premature births. This | ||||||
| 12 | statement shall indicate what
procedures were used in providing | ||||||
| 13 | such medical services.
| ||||||
| 14 | The Illinois Department shall require all dispensers of | ||||||
| 15 | medical
services, other than an individual practitioner or | ||||||
| 16 | group of practitioners,
desiring to participate in the Medical | ||||||
| 17 | Assistance program
established under this Article to disclose | ||||||
| 18 | all financial, beneficial,
ownership, equity, surety or other | ||||||
| 19 | interests in any and all firms,
corporations, partnerships, | ||||||
| 20 | associations, business enterprises, joint
ventures, agencies, | ||||||
| 21 | institutions or other legal entities providing any
form of | ||||||
| 22 | health care services in this State under this Article.
| ||||||
| 23 | The Illinois Department may require that all dispensers of | ||||||
| 24 | medical
services desiring to participate in the medical | ||||||
| 25 | assistance program
established under this Article disclose, | ||||||
| 26 | under such terms and conditions as
the Illinois Department may | ||||||
| |||||||
| |||||||
| 1 | by rule establish, all inquiries from clients
and attorneys | ||||||
| 2 | regarding medical bills paid by the Illinois Department, which
| ||||||
| 3 | inquiries could indicate potential existence of claims or liens | ||||||
| 4 | for the
Illinois Department.
| ||||||
| 5 | Enrollment of a vendor
shall be
subject to a provisional | ||||||
| 6 | period and shall be conditional for one year. During the period | ||||||
| 7 | of conditional enrollment, the Department may
terminate the | ||||||
| 8 | vendor's eligibility to participate in, or may disenroll the | ||||||
| 9 | vendor from, the medical assistance
program without cause. | ||||||
| 10 | Unless otherwise specified, such termination of eligibility or | ||||||
| 11 | disenrollment is not subject to the
Department's hearing | ||||||
| 12 | process.
However, a disenrolled vendor may reapply without | ||||||
| 13 | penalty.
| ||||||
| 14 | The Department has the discretion to limit the conditional | ||||||
| 15 | enrollment period for vendors based upon category of risk of | ||||||
| 16 | the vendor. | ||||||
| 17 | Prior to enrollment and during the conditional enrollment | ||||||
| 18 | period in the medical assistance program, all vendors shall be | ||||||
| 19 | subject to enhanced oversight, screening, and review based on | ||||||
| 20 | the risk of fraud, waste, and abuse that is posed by the | ||||||
| 21 | category of risk of the vendor. The Illinois Department shall | ||||||
| 22 | establish the procedures for oversight, screening, and review, | ||||||
| 23 | which may include, but need not be limited to: criminal and | ||||||
| 24 | financial background checks; fingerprinting; license, | ||||||
| 25 | certification, and authorization verifications; unscheduled or | ||||||
| 26 | unannounced site visits; database checks; prepayment audit | ||||||
| |||||||
| |||||||
| 1 | reviews; audits; payment caps; payment suspensions; and other | ||||||
| 2 | screening as required by federal or State law. | ||||||
| 3 | The Department shall define or specify the following: (i) | ||||||
| 4 | by provider notice, the "category of risk of the vendor" for | ||||||
| 5 | each type of vendor, which shall take into account the level of | ||||||
| 6 | screening applicable to a particular category of vendor under | ||||||
| 7 | federal law and regulations; (ii) by rule or provider notice, | ||||||
| 8 | the maximum length of the conditional enrollment period for | ||||||
| 9 | each category of risk of the vendor; and (iii) by rule, the | ||||||
| 10 | hearing rights, if any, afforded to a vendor in each category | ||||||
| 11 | of risk of the vendor that is terminated or disenrolled during | ||||||
| 12 | the conditional enrollment period. | ||||||
| 13 | To be eligible for payment consideration, a vendor's | ||||||
| 14 | payment claim or bill, either as an initial claim or as a | ||||||
| 15 | resubmitted claim following prior rejection, must be received | ||||||
| 16 | by the Illinois Department, or its fiscal intermediary, no | ||||||
| 17 | later than 180 days after the latest date on the claim on which | ||||||
| 18 | medical goods or services were provided, with the following | ||||||
| 19 | exceptions: | ||||||
| 20 | (1) In the case of a provider whose enrollment is in | ||||||
| 21 | process by the Illinois Department, the 180-day period | ||||||
| 22 | shall not begin until the date on the written notice from | ||||||
| 23 | the Illinois Department that the provider enrollment is | ||||||
| 24 | complete. | ||||||
| 25 | (2) In the case of errors attributable to the Illinois | ||||||
| 26 | Department or any of its claims processing intermediaries | ||||||
| |||||||
| |||||||
| 1 | which result in an inability to receive, process, or | ||||||
| 2 | adjudicate a claim, the 180-day period shall not begin | ||||||
| 3 | until the provider has been notified of the error. | ||||||
| 4 | (3) In the case of a provider for whom the Illinois | ||||||
| 5 | Department initiates the monthly billing process. | ||||||
| 6 | (4) In the case of a provider operated by a unit of | ||||||
| 7 | local government with a population exceeding 3,000,000 | ||||||
| 8 | when local government funds finance federal participation | ||||||
| 9 | for claims payments. | ||||||
| 10 | For claims for services rendered during a period for which | ||||||
| 11 | a recipient received retroactive eligibility, claims must be | ||||||
| 12 | filed within 180 days after the Department determines the | ||||||
| 13 | applicant is eligible. For claims for which the Illinois | ||||||
| 14 | Department is not the primary payer, claims must be submitted | ||||||
| 15 | to the Illinois Department within 180 days after the final | ||||||
| 16 | adjudication by the primary payer. | ||||||
| 17 | In the case of long term care facilities, admission | ||||||
| 18 | documents shall be submitted within 30 days of an admission to | ||||||
| 19 | the facility through the Medical Electronic Data Interchange | ||||||
| 20 | (MEDI) or the Recipient Eligibility Verification (REV) System, | ||||||
| 21 | or shall be submitted directly to the Department of Human | ||||||
| 22 | Services using required admission forms. Confirmation numbers | ||||||
| 23 | assigned to an accepted transaction shall be retained by a | ||||||
| 24 | facility to verify timely submittal. Once an admission | ||||||
| 25 | transaction has been completed, all resubmitted claims | ||||||
| 26 | following prior rejection are subject to receipt no later than | ||||||
| |||||||
| |||||||
| 1 | 180 days after the admission transaction has been completed. | ||||||
| 2 | Claims that are not submitted and received in compliance | ||||||
| 3 | with the foregoing requirements shall not be eligible for | ||||||
| 4 | payment under the medical assistance program, and the State | ||||||
| 5 | shall have no liability for payment of those claims. | ||||||
| 6 | To the extent consistent with applicable information and | ||||||
| 7 | privacy, security, and disclosure laws, State and federal | ||||||
| 8 | agencies and departments shall provide the Illinois Department | ||||||
| 9 | access to confidential and other information and data necessary | ||||||
| 10 | to perform eligibility and payment verifications and other | ||||||
| 11 | Illinois Department functions. This includes, but is not | ||||||
| 12 | limited to: information pertaining to licensure; | ||||||
| 13 | certification; earnings; immigration status; citizenship; wage | ||||||
| 14 | reporting; unearned and earned income; pension income; | ||||||
| 15 | employment; supplemental security income; social security | ||||||
| 16 | numbers; National Provider Identifier (NPI) numbers; the | ||||||
| 17 | National Practitioner Data Bank (NPDB); program and agency | ||||||
| 18 | exclusions; taxpayer identification numbers; tax delinquency; | ||||||
| 19 | corporate information; and death records. | ||||||
| 20 | The Illinois Department shall enter into agreements with | ||||||
| 21 | State agencies and departments, and is authorized to enter into | ||||||
| 22 | agreements with federal agencies and departments, under which | ||||||
| 23 | such agencies and departments shall share data necessary for | ||||||
| 24 | medical assistance program integrity functions and oversight. | ||||||
| 25 | The Illinois Department shall develop, in cooperation with | ||||||
| 26 | other State departments and agencies, and in compliance with | ||||||
| |||||||
| |||||||
| 1 | applicable federal laws and regulations, appropriate and | ||||||
| 2 | effective methods to share such data. At a minimum, and to the | ||||||
| 3 | extent necessary to provide data sharing, the Illinois | ||||||
| 4 | Department shall enter into agreements with State agencies and | ||||||
| 5 | departments, and is authorized to enter into agreements with | ||||||
| 6 | federal agencies and departments, including but not limited to: | ||||||
| 7 | the Secretary of State; the Department of Revenue; the | ||||||
| 8 | Department of Public Health; the Department of Human Services; | ||||||
| 9 | and the Department of Financial and Professional Regulation. | ||||||
| 10 | Beginning in fiscal year 2013, the Illinois Department | ||||||
| 11 | shall set forth a request for information to identify the | ||||||
| 12 | benefits of a pre-payment, post-adjudication, and post-edit | ||||||
| 13 | claims system with the goals of streamlining claims processing | ||||||
| 14 | and provider reimbursement, reducing the number of pending or | ||||||
| 15 | rejected claims, and helping to ensure a more transparent | ||||||
| 16 | adjudication process through the utilization of: (i) provider | ||||||
| 17 | data verification and provider screening technology; and (ii) | ||||||
| 18 | clinical code editing; and (iii) pre-pay, pre- or | ||||||
| 19 | post-adjudicated predictive modeling with an integrated case | ||||||
| 20 | management system with link analysis. Such a request for | ||||||
| 21 | information shall not be considered as a request for proposal | ||||||
| 22 | or as an obligation on the part of the Illinois Department to | ||||||
| 23 | take any action or acquire any products or services. | ||||||
| 24 | The Illinois Department shall establish policies, | ||||||
| 25 | procedures,
standards and criteria by rule for the acquisition, | ||||||
| 26 | repair and replacement
of orthotic and prosthetic devices and | ||||||
| |||||||
| |||||||
| 1 | durable medical equipment. Such
rules shall provide, but not be | ||||||
| 2 | limited to, the following services: (1)
immediate repair or | ||||||
| 3 | replacement of such devices by recipients; and (2) rental, | ||||||
| 4 | lease, purchase or lease-purchase of
durable medical equipment | ||||||
| 5 | in a cost-effective manner, taking into
consideration the | ||||||
| 6 | recipient's medical prognosis, the extent of the
recipient's | ||||||
| 7 | needs, and the requirements and costs for maintaining such
| ||||||
| 8 | equipment. Subject to prior approval, such rules shall enable a | ||||||
| 9 | recipient to temporarily acquire and
use alternative or | ||||||
| 10 | substitute devices or equipment pending repairs or
| ||||||
| 11 | replacements of any device or equipment previously authorized | ||||||
| 12 | for such
recipient by the Department.
| ||||||
| 13 | The Department shall execute, relative to the nursing home | ||||||
| 14 | prescreening
project, written inter-agency agreements with the | ||||||
| 15 | Department of Human
Services and the Department on Aging, to | ||||||
| 16 | effect the following: (i) intake
procedures and common | ||||||
| 17 | eligibility criteria for those persons who are receiving
| ||||||
| 18 | non-institutional services; and (ii) the establishment and | ||||||
| 19 | development of
non-institutional services in areas of the State | ||||||
| 20 | where they are not currently
available or are undeveloped; and | ||||||
| 21 | (iii) notwithstanding any other provision of law, subject to | ||||||
| 22 | federal approval, on and after July 1, 2012, an increase in the | ||||||
| 23 | determination of need (DON) scores from 29 to 37 for applicants | ||||||
| 24 | for institutional and home and community-based long term care; | ||||||
| 25 | if and only if federal approval is not granted, the Department | ||||||
| 26 | may, in conjunction with other affected agencies, implement | ||||||
| |||||||
| |||||||
| 1 | utilization controls or changes in benefit packages to | ||||||
| 2 | effectuate a similar savings amount for this population; and | ||||||
| 3 | (iv) no later than July 1, 2013, minimum level of care | ||||||
| 4 | eligibility criteria for institutional and home and | ||||||
| 5 | community-based long term care. In order to select the minimum | ||||||
| 6 | level of care eligibility criteria, the Governor shall | ||||||
| 7 | establish a workgroup that includes affected agency | ||||||
| 8 | representatives and stakeholders representing the | ||||||
| 9 | institutional and home and community-based long term care | ||||||
| 10 | interests. This Section shall not restrict the Department from | ||||||
| 11 | implementing lower level of care eligibility criteria for | ||||||
| 12 | community-based services in circumstances where federal | ||||||
| 13 | approval has been granted.
| ||||||
| 14 | The Illinois Department shall develop and operate, in | ||||||
| 15 | cooperation
with other State Departments and agencies and in | ||||||
| 16 | compliance with
applicable federal laws and regulations, | ||||||
| 17 | appropriate and effective
systems of health care evaluation and | ||||||
| 18 | programs for monitoring of
utilization of health care services | ||||||
| 19 | and facilities, as it affects
persons eligible for medical | ||||||
| 20 | assistance under this Code.
| ||||||
| 21 | The Illinois Department shall report annually to the | ||||||
| 22 | General Assembly,
no later than the second Friday in April of | ||||||
| 23 | 1979 and each year
thereafter, in regard to:
| ||||||
| 24 | (a) actual statistics and trends in utilization of | ||||||
| 25 | medical services by
public aid recipients;
| ||||||
| 26 | (b) actual statistics and trends in the provision of | ||||||
| |||||||
| |||||||
| 1 | the various medical
services by medical vendors;
| ||||||
| 2 | (c) current rate structures and proposed changes in | ||||||
| 3 | those rate structures
for the various medical vendors; and
| ||||||
| 4 | (d) efforts at utilization review and control by the | ||||||
| 5 | Illinois Department.
| ||||||
| 6 | The period covered by each report shall be the 3 years | ||||||
| 7 | ending on the June
30 prior to the report. The report shall | ||||||
| 8 | include suggested legislation
for consideration by the General | ||||||
| 9 | Assembly. The filing of one copy of the
report with the | ||||||
| 10 | Speaker, one copy with the Minority Leader and one copy
with | ||||||
| 11 | the Clerk of the House of Representatives, one copy with the | ||||||
| 12 | President,
one copy with the Minority Leader and one copy with | ||||||
| 13 | the Secretary of the
Senate, one copy with the Legislative | ||||||
| 14 | Research Unit, and such additional
copies
with the State | ||||||
| 15 | Government Report Distribution Center for the General
Assembly | ||||||
| 16 | as is required under paragraph (t) of Section 7 of the State
| ||||||
| 17 | Library Act shall be deemed sufficient to comply with this | ||||||
| 18 | Section.
| ||||||
| 19 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
| 20 | any, is conditioned on the rules being adopted in accordance | ||||||
| 21 | with all provisions of the Illinois Administrative Procedure | ||||||
| 22 | Act and all rules and procedures of the Joint Committee on | ||||||
| 23 | Administrative Rules; any purported rule not so adopted, for | ||||||
| 24 | whatever reason, is unauthorized. | ||||||
| 25 | On and after July 1, 2012, the Department shall reduce any | ||||||
| 26 | rate of reimbursement for services or other payments or alter | ||||||
| |||||||
| |||||||
| 1 | any methodologies authorized by this Code to reduce any rate of | ||||||
| 2 | reimbursement for services or other payments in accordance with | ||||||
| 3 | Section 5-5e. | ||||||
| 4 | (Source: P.A. 96-156, eff. 1-1-10; 96-806, eff. 7-1-10; 96-926, | ||||||
| 5 | eff. 1-1-11; 96-1000, eff. 7-2-10; 97-48, eff. 6-28-11; 97-638, | ||||||
| 6 | eff. 1-1-12; 97-689, eff. 6-14-12; 97-1061, eff. 8-24-12; | ||||||
| 7 | revised 9-20-12.)
| ||||||
| 8 | (305 ILCS 5/5-5e) | ||||||
| 9 | Sec. 5-5e. Adjusted rates of reimbursement. | ||||||
| 10 | (a) Rates or payments for services in effect on June 30, | ||||||
| 11 | 2012 shall be adjusted and
services shall be affected as | ||||||
| 12 | required by any other provision of this amendatory Act of
the | ||||||
| 13 | 97th General Assembly. In addition, the Department shall do the | ||||||
| 14 | following: | ||||||
| 15 | (1) Delink the per diem rate paid for supportive living | ||||||
| 16 | facility services from the per diem rate paid for nursing | ||||||
| 17 | facility services, effective for services provided on or | ||||||
| 18 | after May 1, 2011. | ||||||
| 19 | (2) Cease payment for bed reserves in nursing | ||||||
| 20 | facilities and , specialized mental health rehabilitation | ||||||
| 21 | facilities, and, except in the instance of residents who | ||||||
| 22 | are under 21 years of age, intermediate care facilities for | ||||||
| 23 | persons with developmental disabilities. | ||||||
| 24 | (2.5) Cease payment for bed reserves for purposes of | ||||||
| 25 | inpatient hospitalizations to intermediate care facilities | ||||||
| |||||||
| |||||||
| 1 | for persons with development disabilities, except in the | ||||||
| 2 | instance of residents who are under 21 years of age. | ||||||
| 3 | (3) Cease payment of the $10 per day add-on payment to | ||||||
| 4 | nursing facilities for certain residents with | ||||||
| 5 | developmental disabilities. | ||||||
| 6 | (b) After the application of subsection (a), | ||||||
| 7 | notwithstanding any other provision of this
Code to the | ||||||
| 8 | contrary and to the extent permitted by federal law, on and | ||||||
| 9 | after July 1,
2012, the rates of reimbursement for services and | ||||||
| 10 | other payments provided under this
Code shall further be | ||||||
| 11 | reduced as follows: | ||||||
| 12 | (1) Rates or payments for physician services, dental | ||||||
| 13 | services, or community health center services reimbursed | ||||||
| 14 | through an encounter rate, and services provided under the | ||||||
| 15 | Medicaid Rehabilitation Option of the Illinois Title XIX | ||||||
| 16 | State Plan shall not be further reduced. | ||||||
| 17 | (2) Rates or payments, or the portion thereof, paid to | ||||||
| 18 | a provider that is operated by a unit of local government | ||||||
| 19 | or State University that provides the non-federal share of | ||||||
| 20 | such services shall not be further reduced. | ||||||
| 21 | (3) Rates or payments for hospital services delivered | ||||||
| 22 | by a hospital defined as a Safety-Net Hospital under | ||||||
| 23 | Section 5-5e.1 of this Code shall not be further reduced. | ||||||
| 24 | (4) Rates or payments for hospital services delivered | ||||||
| 25 | by a Critical Access Hospital, which is an Illinois | ||||||
| 26 | hospital designated as a critical care hospital by the | ||||||
| |||||||
| |||||||
| 1 | Department of Public Health in accordance with 42 CFR 485, | ||||||
| 2 | Subpart F, shall not be further reduced. | ||||||
| 3 | (5) Rates or payments for Nursing Facility Services | ||||||
| 4 | shall only be further adjusted pursuant to Section 5-5.2 of | ||||||
| 5 | this Code. | ||||||
| 6 | (6) Rates or payments for services delivered by long | ||||||
| 7 | term care facilities licensed under the ID/DD Community | ||||||
| 8 | Care Act and developmental training services shall not be | ||||||
| 9 | further reduced. | ||||||
| 10 | (7) Rates or payments for services provided under | ||||||
| 11 | capitation rates shall be adjusted taking into | ||||||
| 12 | consideration the rates reduction and covered services | ||||||
| 13 | required by this amendatory Act of the 97th General | ||||||
| 14 | Assembly. | ||||||
| 15 | (8) For hospitals not previously described in this | ||||||
| 16 | subsection, the rates or payments for hospital services | ||||||
| 17 | shall be further reduced by 3.5%, except for payments | ||||||
| 18 | authorized under Section 5A-12.4 of this Code. | ||||||
| 19 | (9) For all other rates or payments for services | ||||||
| 20 | delivered by providers not specifically referenced in | ||||||
| 21 | paragraphs (1) through (8), rates or payments shall be | ||||||
| 22 | further reduced by 2.7%. | ||||||
| 23 | (c) Any assessment imposed by this Code shall continue and | ||||||
| 24 | nothing in this Section shall be construed to cause it to | ||||||
| 25 | cease.
| ||||||
| 26 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
| |||||||
| |||||||
| 1 | (305 ILCS 5/5-5e.1) | ||||||
| 2 | Sec. 5-5e.1. Safety-Net Hospitals. | ||||||
| 3 | (a) A Safety-Net Hospital is an Illinois hospital that: | ||||||
| 4 | (1) is licensed by the Department of Public Health as a | ||||||
| 5 | general acute care or pediatric hospital; and | ||||||
| 6 | (2) is a disproportionate share hospital, as described | ||||||
| 7 | in Section 1923 of the federal Social Security Act, as | ||||||
| 8 | determined by the Department; and | ||||||
| 9 | (3) meets one of the following: | ||||||
| 10 | (A) has a MIUR of at least 40% and a charity | ||||||
| 11 | percent of at least 4%; or | ||||||
| 12 | (B) has a MIUR of at least 50%. | ||||||
| 13 | (b) Definitions. As used in this Section: | ||||||
| 14 | (1) "Charity percent" means the ratio of (i) the | ||||||
| 15 | hospital's charity charges for services provided to | ||||||
| 16 | individuals without health insurance or another source of | ||||||
| 17 | third party coverage to (ii) the Illinois total hospital | ||||||
| 18 | charges, each as reported on the hospital's OBRA form. | ||||||
| 19 | (2) "MIUR" means Medicaid Inpatient Utilization Rate | ||||||
| 20 | and is defined as a fraction, the numerator of which is the | ||||||
| 21 | number of a hospital's inpatient days provided in the | ||||||
| 22 | hospital's fiscal year ending 3 years prior to the rate | ||||||
| 23 | year, to patients who, for such days, were eligible for | ||||||
| 24 | Medicaid under Title XIX of the federal Social Security | ||||||
| 25 | Act, 42 USC 1396a et seq., excluding those persons eligible | ||||||
| |||||||
| |||||||
| 1 | for medical assistance pursuant to 42 U.S.C. | ||||||
| 2 | 1396a(a)(10)(A)(i)(VIII) as set forth in paragraph 18 of | ||||||
| 3 | Section 5-2 of this Article, and the denominator of which | ||||||
| 4 | is the total number of the hospital's inpatient days in | ||||||
| 5 | that same period, excluding those persons eligible for | ||||||
| 6 | medical assistance pursuant to 42 U.S.C. | ||||||
| 7 | 1396a(a)(10)(A)(i)(VIII) as set forth in paragraph 18 of | ||||||
| 8 | Section 5-2 of this Article. | ||||||
| 9 | (3) "OBRA form" means form HFS-3834, OBRA '93 data | ||||||
| 10 | collection form, for the rate year. | ||||||
| 11 | (4) "Rate year" means the 12-month period beginning on | ||||||
| 12 | October 1. | ||||||
| 13 | (c) For the 27-month period beginning July 1, 2012, a | ||||||
| 14 | hospital that would have qualified for the rate year beginning | ||||||
| 15 | October 1, 2011, shall be a Safety-Net Hospital. | ||||||
| 16 | (d) No later than August 15 preceding the rate year, each | ||||||
| 17 | hospital shall submit the OBRA form to the Department. Prior to | ||||||
| 18 | October 1, the Department shall notify each hospital whether it | ||||||
| 19 | has qualified as a Safety-Net Hospital. | ||||||
| 20 | (e) The Department may promulgate rules in order to | ||||||
| 21 | implement this Section.
| ||||||
| 22 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
| 23 | (305 ILCS 5/5-5f) | ||||||
| 24 | Sec. 5-5f. Elimination and limitations of medical | ||||||
| 25 | assistance services. Notwithstanding any other provision of | ||||||
| |||||||
| |||||||
| 1 | this Code to the contrary, on and after July 1, 2012: | ||||||
| 2 | (a) The following services shall no longer be a covered | ||||||
| 3 | service available under this Code: group psychotherapy for | ||||||
| 4 | residents of any facility licensed under the Nursing Home Care | ||||||
| 5 | Act or the Specialized Mental Health Rehabilitation Act; and | ||||||
| 6 | adult chiropractic services. | ||||||
| 7 | (b) The Department shall place the following limitations on | ||||||
| 8 | services: (i) the Department shall limit adult eyeglasses to | ||||||
| 9 | one pair every 2 years; (ii) the Department shall set an annual | ||||||
| 10 | limit of a maximum of 20 visits for each of the following | ||||||
| 11 | services: adult speech, hearing, and language therapy | ||||||
| 12 | services, adult occupational therapy services, and physical | ||||||
| 13 | therapy services; (iii) the Department shall limit adult | ||||||
| 14 | podiatry services to individuals with diabetes; (iv) the | ||||||
| 15 | Department shall pay for caesarean sections at the normal | ||||||
| 16 | vaginal delivery rate unless a caesarean section was medically | ||||||
| 17 | necessary; (v) the Department shall limit adult dental services | ||||||
| 18 | to emergencies; beginning July 1, 2013, the Department shall | ||||||
| 19 | ensure that the following conditions are recognized as | ||||||
| 20 | emergencies: (A) dental services necessary for an individual in | ||||||
| 21 | order for the individual to be cleared for a medical procedure, | ||||||
| 22 | such as a transplant;
(B) extractions and dentures necessary | ||||||
| 23 | for a diabetic to receive proper nutrition;
(C) extractions and | ||||||
| 24 | dentures necessary as a result of cancer treatment; and (D) | ||||||
| 25 | dental services necessary for the health of a pregnant woman | ||||||
| 26 | prior to delivery of her baby; and (vi) effective July 1, 2012, | ||||||
| |||||||
| |||||||
| 1 | the Department shall place limitations and require concurrent | ||||||
| 2 | review on every inpatient detoxification stay to prevent repeat | ||||||
| 3 | admissions to any hospital for detoxification within 60 days of | ||||||
| 4 | a previous inpatient detoxification stay. The Department shall | ||||||
| 5 | convene a workgroup of hospitals, substance abuse providers, | ||||||
| 6 | care coordination entities, managed care plans, and other | ||||||
| 7 | stakeholders to develop recommendations for quality standards, | ||||||
| 8 | diversion to other settings, and admission criteria for | ||||||
| 9 | patients who need inpatient detoxification, which shall be | ||||||
| 10 | published on the Department's website no later than September | ||||||
| 11 | 1, 2013. | ||||||
| 12 | (c) The Department shall require prior approval of the | ||||||
| 13 | following services: wheelchair repairs costing more than $400 , | ||||||
| 14 | regardless of the cost of the repairs, coronary artery bypass | ||||||
| 15 | graft, and bariatric surgery consistent with Medicare | ||||||
| 16 | standards concerning patient responsibility. Wheelchair repair | ||||||
| 17 | prior approval requests shall be adjudicated within one | ||||||
| 18 | business day of receipt of complete supporting documentation. | ||||||
| 19 | Providers may not break wheelchair repairs into separate claims | ||||||
| 20 | for purposes of staying under the $400 threshold for requiring | ||||||
| 21 | prior approval. The wholesale price cost of manual and power | ||||||
| 22 | wheelchairs, durable medical equipment and supplies, and | ||||||
| 23 | complex rehabilitation technology products and services shall | ||||||
| 24 | be defined as actual acquisition cost including all discounts. | ||||||
| 25 | (d) The Department shall establish benchmarks for | ||||||
| 26 | hospitals to measure and align payments to reduce potentially | ||||||
| |||||||
| |||||||
| 1 | preventable hospital readmissions, inpatient complications, | ||||||
| 2 | and unnecessary emergency room visits. In doing so, the | ||||||
| 3 | Department shall consider items, including, but not limited to, | ||||||
| 4 | historic and current acuity of care and historic and current | ||||||
| 5 | trends in readmission. The Department shall publish | ||||||
| 6 | provider-specific historical readmission data and anticipated | ||||||
| 7 | potentially preventable targets 60 days prior to the start of | ||||||
| 8 | the program. In the instance of readmissions, the Department | ||||||
| 9 | shall adopt policies and rates of reimbursement for services | ||||||
| 10 | and other payments provided under this Code to ensure that, by | ||||||
| 11 | June 30, 2013, expenditures to hospitals are reduced by, at a | ||||||
| 12 | minimum, $40,000,000. | ||||||
| 13 | (e) The Department shall establish utilization controls | ||||||
| 14 | for the hospice program such that it shall not pay for other | ||||||
| 15 | care services when an individual is in hospice. | ||||||
| 16 | (f) For home health services, the Department shall require | ||||||
| 17 | Medicare certification of providers participating in the | ||||||
| 18 | program and , implement the Medicare face-to-face encounter | ||||||
| 19 | rule, and limit services to post-hospitalization. The | ||||||
| 20 | Department shall require providers to implement auditable | ||||||
| 21 | electronic service verification based on global positioning | ||||||
| 22 | systems or other cost-effective technology. | ||||||
| 23 | (g) For the Home Services Program operated by the | ||||||
| 24 | Department of Human Services and the Community Care Program | ||||||
| 25 | operated by the Department on Aging, the Department of Human | ||||||
| 26 | Services, in cooperation with the Department on Aging, shall | ||||||
| |||||||
| |||||||
| 1 | implement an electronic service verification based on global | ||||||
| 2 | positioning systems or other cost-effective technology. | ||||||
| 3 | (h) Effective with inpatient hospital admissions on or | ||||||
| 4 | after July 1, 2012, the Department shall reduce the payment for | ||||||
| 5 | a claim that indicates the occurrence of a provider-preventable | ||||||
| 6 | condition during the admission as specified by the Department | ||||||
| 7 | in rules. The Department shall not pay for services related to | ||||||
| 8 | an other provider-preventable condition. | ||||||
| 9 | As used in this subsection (h): | ||||||
| 10 | "Provider-preventable condition" means a health care | ||||||
| 11 | acquired condition as defined under the federal Medicaid | ||||||
| 12 | regulation found at 42 CFR 447.26 or an other | ||||||
| 13 | provider-preventable condition. | ||||||
| 14 | "Other provider-preventable condition" means a wrong | ||||||
| 15 | surgical or other invasive procedure performed on a patient, a | ||||||
| 16 | surgical or other invasive procedure performed on the wrong | ||||||
| 17 | body part, or a surgical procedure or other invasive procedure | ||||||
| 18 | performed on the wrong patient. The Department shall not pay | ||||||
| 19 | for hospital admissions when the claim indicates a hospital | ||||||
| 20 | acquired condition that would cause Medicare to reduce its | ||||||
| 21 | payment on the claim had the claim been submitted to Medicare, | ||||||
| 22 | nor shall the Department pay for hospital admissions where a | ||||||
| 23 | Medicare identified "never event" occurred. | ||||||
| 24 | (i) The Department shall implement cost savings | ||||||
| 25 | initiatives for advanced imaging services, cardiac imaging | ||||||
| 26 | services, pain management services, and back surgery. Such | ||||||
| |||||||
| |||||||
| 1 | initiatives shall be designed to achieve annual costs savings.
| ||||||
| 2 | (j) The Department shall ensure that beneficiaries with a | ||||||
| 3 | diagnosis of epilepsy or seizure disorder in Department records | ||||||
| 4 | will not require prior approval for anticonvulsants. | ||||||
| 5 | | ||||||
| 6 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
| 7 | ARTICLE 10. | ||||||
| 8 | Section 10-5. The Workers' Compensation Act is amended by | ||||||
| 9 | changing Sections 6, 8, and 17 and by adding Section 17.1 as | ||||||
| 10 | follows:
| ||||||
| 11 | (820 ILCS 305/6) (from Ch. 48, par. 138.6)
| ||||||
| 12 | Sec. 6. (a) Every employer within the provisions of this | ||||||
| 13 | Act, shall,
under the rules and regulations prescribed by the | ||||||
| 14 | Commission, post
printed notices in their respective places of | ||||||
| 15 | employment in such number
and at such places as may be | ||||||
| 16 | determined by the Commission, containing
such information | ||||||
| 17 | relative to this Act as in the judgment of the
Commission may | ||||||
| 18 | be necessary to aid employees to safeguard their rights
under | ||||||
| 19 | this Act in event of injury.
| ||||||
| 20 | In addition thereto, the employer shall post in a | ||||||
| 21 | conspicuous place
on the place of the employment a printed or | ||||||
| 22 | typewritten notice stating
whether he is insured or whether he | ||||||
| 23 | has qualified and is operating as a
self-insured employer. In | ||||||
| |||||||
| |||||||
| 1 | the event the employer is insured, the notice
shall state the | ||||||
| 2 | name and address of his insurance carrier, the number of
the | ||||||
| 3 | insurance policy, its effective date and the date of | ||||||
| 4 | termination. In
the event of the termination of the policy for | ||||||
| 5 | any reason prior to the
termination date stated, the posted | ||||||
| 6 | notice shall promptly be corrected
accordingly. In the event | ||||||
| 7 | the employer is operating as a self-insured
employer the notice | ||||||
| 8 | shall state the name and address of the company, if
any, | ||||||
| 9 | servicing the compensation payments of the employer, and the | ||||||
| 10 | name
and address of the person in charge of making compensation | ||||||
| 11 | payments.
| ||||||
| 12 | (b) Every employer subject to this Act shall maintain | ||||||
| 13 | accurate
records of work-related deaths, injuries and illness | ||||||
| 14 | other than minor
injuries requiring only first aid treatment | ||||||
| 15 | and which do not involve
medical treatment, loss of | ||||||
| 16 | consciousness, restriction of work or motion,
or transfer to | ||||||
| 17 | another job and file with the Commission, in writing, a
report | ||||||
| 18 | of all accidental deaths, injuries and illnesses arising out of
| ||||||
| 19 | and in the course of the employment resulting in the loss of | ||||||
| 20 | more than
3 scheduled work days. In the case of death such | ||||||
| 21 | report shall be
made no later than 2 working days following the | ||||||
| 22 | accidental death. In
all other cases such report shall be made | ||||||
| 23 | between the 15th and 25th of
each month unless required to be | ||||||
| 24 | made sooner by rule of the Commission.
In case the injury | ||||||
| 25 | results in permanent disability, a further report
shall be made | ||||||
| 26 | as soon as it is determined that such permanent disability
has | ||||||
| |||||||
| |||||||
| 1 | resulted or will result from the injury. All reports shall | ||||||
| 2 | state
the date of the injury, including the time of day or | ||||||
| 3 | night, the nature
of the employer's business, the name, | ||||||
| 4 | address, age, sex, conjugal
condition of the injured person, | ||||||
| 5 | the specific occupation of the injured
person, the direct cause | ||||||
| 6 | of the injury and the nature of the accident,
the character of | ||||||
| 7 | the injury, the length of disability, and in case of
death the | ||||||
| 8 | length of disability before death, the wages of the injured
| ||||||
| 9 | person, whether compensation has been paid to the injured | ||||||
| 10 | person, or to
his or her legal representative or his heirs or | ||||||
| 11 | next of kin, the amount of
compensation paid, the amount paid | ||||||
| 12 | for physicians', surgeons' and
hospital bills, and by whom | ||||||
| 13 | paid, and the amount paid for funeral or
burial expenses if | ||||||
| 14 | known. The reports shall be made on forms and in the
manner as | ||||||
| 15 | prescribed by the Commission and shall contain such further
| ||||||
| 16 | information as the Commission shall deem necessary and require. | ||||||
| 17 | The
making of these reports releases the employer from making | ||||||
| 18 | such reports
to any other officer of the State and shall | ||||||
| 19 | satisfy the reporting
provisions as contained in the "Health | ||||||
| 20 | and Safety Act" and "An Act in
relation to safety inspections | ||||||
| 21 | and education in industrial and
commercial establishments and | ||||||
| 22 | to repeal an Act therein named", approved
July 18, 1955, as now | ||||||
| 23 | or hereafter amended. The reports filed with the
Commission | ||||||
| 24 | pursuant to this Section shall be made available by the
| ||||||
| 25 | Commission to the Director of Labor or his representatives and | ||||||
| 26 | to all
other departments of the State of Illinois which shall | ||||||
| |||||||
| |||||||
| 1 | require such
information for the proper discharge of their | ||||||
| 2 | official duties. Failure
to file with the Commission any of the | ||||||
| 3 | reports required in this Section
is a petty offense.
| ||||||
| 4 | Except as provided in this paragraph and in Sections 8 and | ||||||
| 5 | 17.1, all reports filed hereunder shall
be confidential and any | ||||||
| 6 | person
having access to such records filed with the Illinois | ||||||
| 7 | Workers' Compensation Commission as
herein required, who shall | ||||||
| 8 | release any information therein contained
including the names | ||||||
| 9 | or otherwise identify any persons sustaining
injuries or | ||||||
| 10 | disabilities, or give access to such information to any
| ||||||
| 11 | unauthorized person, shall be subject to discipline or | ||||||
| 12 | discharge, and in
addition shall be guilty of a Class B | ||||||
| 13 | misdemeanor. The Commission shall
compile and distribute to | ||||||
| 14 | interested persons aggregate statistics, taken
from the | ||||||
| 15 | reports filed hereunder. The aggregate statistics shall not | ||||||
| 16 | give
the names or otherwise identify persons sustaining | ||||||
| 17 | injuries or disabilities
or the employer of any injured or | ||||||
| 18 | disabled person.
| ||||||
| 19 | (c) Notice of the accident shall be given to the employer | ||||||
| 20 | as soon as
practicable, but not later than 45 days after the | ||||||
| 21 | accident. Provided:
| ||||||
| 22 | (1) In case of the legal disability of the employee
or any | ||||||
| 23 | dependent of a
deceased employee who may be entitled to | ||||||
| 24 | compensation under the
provisions of this Act, the limitations | ||||||
| 25 | of time by this Act provided do
not begin to run against such | ||||||
| 26 | person under legal disability
until a
guardian has been | ||||||
| |||||||
| |||||||
| 1 | appointed.
| ||||||
| 2 | (2) In cases of injuries sustained by exposure to | ||||||
| 3 | radiological
materials or equipment, notice shall be given to | ||||||
| 4 | the employer within 90
days subsequent to the time that the | ||||||
| 5 | employee knows or suspects that he
has received an excessive | ||||||
| 6 | dose of radiation.
| ||||||
| 7 | No defect or inaccuracy of such notice shall be a bar to | ||||||
| 8 | the
maintenance of proceedings on arbitration or otherwise by | ||||||
| 9 | the employee
unless the employer proves that he is unduly | ||||||
| 10 | prejudiced in such
proceedings by such defect or inaccuracy.
| ||||||
| 11 | Notice of the accident shall give the approximate date and | ||||||
| 12 | place of
the accident, if known, and may be given orally or in | ||||||
| 13 | writing.
| ||||||
| 14 | (d) Every employer shall notify each injured employee who | ||||||
| 15 | has been
granted compensation under the provisions of Section 8 | ||||||
| 16 | of this Act
of his rights to rehabilitation services and advise | ||||||
| 17 | him of the locations
of available public rehabilitation centers | ||||||
| 18 | and any other such services
of which the employer has | ||||||
| 19 | knowledge.
| ||||||
| 20 | In any case, other than one where the injury was caused by | ||||||
| 21 | exposure
to radiological materials or equipment or asbestos | ||||||
| 22 | unless the application for
compensation is filed with the | ||||||
| 23 | Commission within 3 years after the date
of the accident, where | ||||||
| 24 | no compensation has been paid, or within 2 years
after the date | ||||||
| 25 | of the last payment of compensation, where any has been
paid, | ||||||
| 26 | whichever shall be later, the right to file such application | ||||||
| |||||||
| |||||||
| 1 | shall
be barred.
| ||||||
| 2 | In any case of injury caused by exposure to radiological | ||||||
| 3 | materials or
equipment or asbestos, unless application for | ||||||
| 4 | compensation is filed with the
Commission within 25 years after | ||||||
| 5 | the last day that the employee was
employed in an environment | ||||||
| 6 | of hazardous radiological activity or asbestos,
the right to | ||||||
| 7 | file such application shall be barred.
| ||||||
| 8 | If in any case except one where the injury was caused by | ||||||
| 9 | exposure to
radiological materials or equipment or asbestos, | ||||||
| 10 | the accidental injury
results in death application for | ||||||
| 11 | compensation for death may be filed with the
Commission within | ||||||
| 12 | 3 years after the date of death where no compensation
has been | ||||||
| 13 | paid or within 2 years after the date of the last payment of
| ||||||
| 14 | compensation where any has been paid, whichever shall be later, | ||||||
| 15 | but not
thereafter.
| ||||||
| 16 | If an accidental injury caused by exposure to radiological | ||||||
| 17 | material
or equipment or asbestos results in death within 25 | ||||||
| 18 | years after the last
day that the employee was so exposed | ||||||
| 19 | application for compensation for death may
be filed with the | ||||||
| 20 | Commission within 3 years after the date of death,
where no | ||||||
| 21 | compensation has been paid, or within 2 years after the date of
| ||||||
| 22 | the last payment of compensation where any has been paid, | ||||||
| 23 | whichever
shall be later, but not thereafter.
| ||||||
| 24 | (e) Any contract or agreement made by any employer or his | ||||||
| 25 | agent or
attorney with any employee or any other beneficiary of | ||||||
| 26 | any claim under
the provisions of this Act within 7 days after | ||||||
| |||||||
| |||||||
| 1 | the injury shall be
presumed to be fraudulent.
| ||||||
| 2 | (f) Any condition or impairment of health of an employee | ||||||
| 3 | employed as a
firefighter, emergency medical technician (EMT), | ||||||
| 4 | or paramedic which results
directly or indirectly from any | ||||||
| 5 | bloodborne pathogen, lung or respiratory
disease
or condition, | ||||||
| 6 | heart
or vascular disease or condition, hypertension, | ||||||
| 7 | tuberculosis, or cancer
resulting in any disability | ||||||
| 8 | (temporary, permanent, total, or partial) to the
employee shall | ||||||
| 9 | be rebuttably presumed to arise out of and in the course of
the | ||||||
| 10 | employee's firefighting, EMT, or paramedic employment and, | ||||||
| 11 | further, shall
be
rebuttably presumed to be causally connected | ||||||
| 12 | to the hazards or exposures of
the employment. This presumption | ||||||
| 13 | shall also apply to any hernia or hearing
loss suffered by an | ||||||
| 14 | employee employed as a firefighter, EMT, or paramedic.
However, | ||||||
| 15 | this presumption shall not apply to any employee who has been | ||||||
| 16 | employed
as a firefighter, EMT, or paramedic for less than 5 | ||||||
| 17 | years at the time he or she files an Application for Adjustment | ||||||
| 18 | of Claim concerning this condition or impairment with the | ||||||
| 19 | Illinois Workers' Compensation Commission. The Finding and | ||||||
| 20 | Decision of the Illinois Workers' Compensation Commission | ||||||
| 21 | under only the rebuttable presumption provision of this | ||||||
| 22 | subsection shall not be admissible or be deemed res judicata in | ||||||
| 23 | any disability claim under the Illinois Pension Code arising | ||||||
| 24 | out of the same medical condition; however, this sentence makes | ||||||
| 25 | no change to the law set forth in Krohe v. City of Bloomington, | ||||||
| 26 | 204 Ill.2d 392.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 95-316, eff. 1-1-08.)
| ||||||
| 2 | (820 ILCS 305/8) (from Ch. 48, par. 138.8)
| ||||||
| 3 | Sec. 8. The amount of compensation which shall be paid to | ||||||
| 4 | the
employee for an accidental injury not resulting in death | ||||||
| 5 | is:
| ||||||
| 6 | (a) The employer shall provide and pay the negotiated rate, | ||||||
| 7 | if applicable, or the lesser of the health care provider's | ||||||
| 8 | actual charges or according to a fee schedule, subject to | ||||||
| 9 | Section 8.2, in effect at the time the service was rendered for | ||||||
| 10 | all the necessary first
aid, medical and surgical services, and | ||||||
| 11 | all necessary medical, surgical
and hospital services | ||||||
| 12 | thereafter incurred, limited, however, to that
which is | ||||||
| 13 | reasonably required to cure or relieve from the effects of the
| ||||||
| 14 | accidental injury, even if a health care provider sells, | ||||||
| 15 | transfers, or otherwise assigns an account receivable for | ||||||
| 16 | procedures, treatments, or services covered under this Act. If | ||||||
| 17 | the employer does not dispute payment of first aid, medical, | ||||||
| 18 | surgical,
and hospital services, the employer shall make such | ||||||
| 19 | payment to the provider on behalf of the employee. The employer | ||||||
| 20 | shall also pay for treatment,
instruction and training | ||||||
| 21 | necessary for the physical, mental and
vocational | ||||||
| 22 | rehabilitation of the employee, including all maintenance
| ||||||
| 23 | costs and expenses incidental thereto. If as a result of the | ||||||
| 24 | injury the
employee is unable to be self-sufficient the | ||||||
| 25 | employer shall further pay
for such maintenance or | ||||||
| |||||||
| |||||||
| 1 | institutional care as shall be required.
| ||||||
| 2 | The employee may at any time elect to secure his own | ||||||
| 3 | physician,
surgeon and hospital services at the employer's | ||||||
| 4 | expense, or, | ||||||
| 5 | Upon agreement between the employer and the employees, or | ||||||
| 6 | the employees'
exclusive representative, and subject to the | ||||||
| 7 | approval of the Illinois Workers' Compensation
Commission, the | ||||||
| 8 | employer shall maintain a list of physicians, to be
known as a | ||||||
| 9 | Panel of Physicians, who are accessible to the employees.
The | ||||||
| 10 | employer shall post this list in a place or places easily | ||||||
| 11 | accessible
to his employees. The employee shall have the right | ||||||
| 12 | to make an
alternative choice of physician from such Panel if | ||||||
| 13 | he is not satisfied
with the physician first selected. If, due | ||||||
| 14 | to the nature of the injury
or its occurrence away from the | ||||||
| 15 | employer's place of business, the
employee is unable to make a | ||||||
| 16 | selection from the Panel, the selection
process from the Panel | ||||||
| 17 | shall not apply. The physician selected from the
Panel may | ||||||
| 18 | arrange for any consultation, referral or other specialized
| ||||||
| 19 | medical services outside the Panel at the employer's expense. | ||||||
| 20 | Provided
that, in the event the Commission shall find that a | ||||||
| 21 | doctor selected by
the employee is rendering improper or | ||||||
| 22 | inadequate care, the Commission
may order the employee to | ||||||
| 23 | select another doctor certified or qualified
in the medical | ||||||
| 24 | field for which treatment is required. If the employee
refuses | ||||||
| 25 | to make such change the Commission may relieve the employer of
| ||||||
| 26 | his obligation to pay the doctor's charges from the date of | ||||||
| |||||||
| |||||||
| 1 | refusal to
the date of compliance.
| ||||||
| 2 | Any vocational rehabilitation counselors who provide | ||||||
| 3 | service under this Act shall have
appropriate certifications | ||||||
| 4 | which designate the counselor as qualified to render
opinions | ||||||
| 5 | relating to vocational rehabilitation. Vocational | ||||||
| 6 | rehabilitation
may include, but is not limited to, counseling | ||||||
| 7 | for job searches, supervising
a job search program, and | ||||||
| 8 | vocational retraining including education at an
accredited | ||||||
| 9 | learning institution. The employee or employer may petition to | ||||||
| 10 | the Commission to decide disputes relating to vocational | ||||||
| 11 | rehabilitation and the Commission shall resolve any such | ||||||
| 12 | dispute, including payment of the vocational rehabilitation | ||||||
| 13 | program by the employer. | ||||||
| 14 | The maintenance benefit shall not be less than the | ||||||
| 15 | temporary total disability
rate determined for the employee. In | ||||||
| 16 | addition, maintenance shall include costs
and expenses | ||||||
| 17 | incidental to the vocational rehabilitation program. | ||||||
| 18 | When the employee is working light duty on a part-time | ||||||
| 19 | basis or full-time
basis
and earns less than he or she would be | ||||||
| 20 | earning if employed in the full capacity
of the job or jobs, | ||||||
| 21 | then the employee shall be entitled to temporary partial | ||||||
| 22 | disability benefits. Temporary partial disability benefits | ||||||
| 23 | shall be
equal to two-thirds of
the difference between the | ||||||
| 24 | average amount that the employee would be able to
earn in the | ||||||
| 25 | full performance of his or her duties in the occupation in | ||||||
| 26 | which he
or she was engaged at the time of accident and the | ||||||
| |||||||
| |||||||
| 1 | gross amount which he or she
is
earning in the modified job | ||||||
| 2 | provided to the employee by the employer or in any other job | ||||||
| 3 | that the employee is working. | ||||||
| 4 | Every hospital, physician, surgeon or other person | ||||||
| 5 | rendering
treatment or services in accordance with the | ||||||
| 6 | provisions of this Section
shall upon written request furnish | ||||||
| 7 | full and complete reports thereof to,
and permit their records | ||||||
| 8 | to be copied by, the employer, the employee or
his dependents, | ||||||
| 9 | as the case may be, or any other party to any proceeding
for | ||||||
| 10 | compensation before the Commission, or their attorneys.
| ||||||
| 11 | Notwithstanding the foregoing, the employer's liability to | ||||||
| 12 | pay for such
medical services selected by the employee shall be | ||||||
| 13 | limited to:
| ||||||
| 14 | (1) all first aid and emergency treatment; plus
| ||||||
| 15 | (2) all medical, surgical and hospital services | ||||||
| 16 | provided by the
physician, surgeon or hospital initially | ||||||
| 17 | chosen by the employee or by any
other physician, | ||||||
| 18 | consultant, expert, institution or other provider of
| ||||||
| 19 | services recommended by said initial service provider or | ||||||
| 20 | any subsequent
provider of medical services in the chain of | ||||||
| 21 | referrals from said
initial service provider; plus
| ||||||
| 22 |
(3) all medical, surgical and hospital services | ||||||
| 23 | provided by any second
physician, surgeon or hospital | ||||||
| 24 | subsequently chosen by the employee or by
any other | ||||||
| 25 | physician, consultant, expert, institution or other | ||||||
| 26 | provider of
services recommended by said second service | ||||||
| |||||||
| |||||||
| 1 | provider or any subsequent provider
of medical services in | ||||||
| 2 | the chain of referrals
from said second service provider. | ||||||
| 3 | Thereafter the employer shall select
and pay for all | ||||||
| 4 | necessary medical, surgical and hospital treatment and the
| ||||||
| 5 | employee may not select a provider of medical services at | ||||||
| 6 | the employer's
expense unless the employer agrees to such | ||||||
| 7 | selection. At any time the employee
may obtain any medical | ||||||
| 8 | treatment he desires at his own expense. This paragraph
| ||||||
| 9 | shall not affect the duty to pay for rehabilitation | ||||||
| 10 | referred to above.
| ||||||
| 11 | (4) The following shall apply for injuries occurring on | ||||||
| 12 | or after June 28, 2011 (the effective date of Public Act | ||||||
| 13 | 97-18) and only when an employer has an approved preferred | ||||||
| 14 | provider program pursuant to Section 8.1a on the date the | ||||||
| 15 | employee sustained his or her accidental injuries: | ||||||
| 16 | (A) The employer shall, in writing, on a form | ||||||
| 17 | promulgated by the Commission, inform the employee of | ||||||
| 18 | the preferred provider program; | ||||||
| 19 | (B) Subsequent to the report of an injury by an | ||||||
| 20 | employee, the employee may choose in writing at any | ||||||
| 21 | time to decline the preferred provider program, in | ||||||
| 22 | which case that would constitute one of the two choices | ||||||
| 23 | of medical providers to which the employee is entitled | ||||||
| 24 | under subsection (a)(2) or (a)(3); and | ||||||
| 25 | (C) Prior to the report of an injury by an | ||||||
| 26 | employee, when an employee chooses non-emergency | ||||||
| |||||||
| |||||||
| 1 | treatment from a provider not within the preferred | ||||||
| 2 | provider program, that would constitute the employee's | ||||||
| 3 | one choice of medical providers to which the employee | ||||||
| 4 | is entitled under subsection (a)(2) or (a)(3). | ||||||
| 5 | When an employer and employee so agree in writing, nothing | ||||||
| 6 | in this
Act prevents an employee whose injury or disability has | ||||||
| 7 | been established
under this Act, from relying in good faith, on | ||||||
| 8 | treatment by prayer or
spiritual means alone, in accordance | ||||||
| 9 | with the tenets and practice of a
recognized church or | ||||||
| 10 | religious denomination, by a duly accredited
practitioner | ||||||
| 11 | thereof, and having nursing services appropriate therewith,
| ||||||
| 12 | without suffering loss or diminution of the compensation | ||||||
| 13 | benefits under
this Act. However, the employee shall submit to | ||||||
| 14 | all physical
examinations required by this Act. The cost of | ||||||
| 15 | such treatment and
nursing care shall be paid by the employee | ||||||
| 16 | unless the employer agrees to
make such payment.
| ||||||
| 17 | Where the accidental injury results in the amputation of an | ||||||
| 18 | arm,
hand, leg or foot, or the enucleation of an eye, or the | ||||||
| 19 | loss of any of
the natural teeth, the employer shall furnish an | ||||||
| 20 | artificial of any such
members lost or damaged in accidental | ||||||
| 21 | injury arising out of and in the
course of employment, and | ||||||
| 22 | shall also furnish the necessary braces in all
proper and | ||||||
| 23 | necessary cases. In cases of the loss of a member or members
by | ||||||
| 24 | amputation, the employer shall, whenever necessary, maintain | ||||||
| 25 | in good
repair, refit or replace the artificial limbs during | ||||||
| 26 | the lifetime of the
employee. Where the accidental injury | ||||||
| |||||||
| |||||||
| 1 | accompanied by physical injury
results in damage to a denture, | ||||||
| 2 | eye glasses or contact eye lenses, or
where the accidental | ||||||
| 3 | injury results in damage to an artificial member,
the employer | ||||||
| 4 | shall replace or repair such denture, glasses, lenses, or
| ||||||
| 5 | artificial member.
| ||||||
| 6 | The furnishing by the employer of any such services or | ||||||
| 7 | appliances is
not an admission of liability on the part of the | ||||||
| 8 | employer to pay
compensation.
| ||||||
| 9 | The furnishing of any such services or appliances or the | ||||||
| 10 | servicing
thereof by the employer is not the payment of | ||||||
| 11 | compensation.
| ||||||
| 12 | (b) If the period of temporary total incapacity for work | ||||||
| 13 | lasts more
than 3 working days, weekly compensation as | ||||||
| 14 | hereinafter provided shall
be paid beginning on the 4th day of | ||||||
| 15 | such temporary total incapacity and
continuing as long as the | ||||||
| 16 | total temporary incapacity lasts. In cases
where the temporary | ||||||
| 17 | total incapacity for work continues for a period of
14 days or | ||||||
| 18 | more from the day of the accident compensation shall commence
| ||||||
| 19 | on the day after the accident.
| ||||||
| 20 | 1. The compensation rate for temporary total | ||||||
| 21 | incapacity under this
paragraph (b) of this Section shall | ||||||
| 22 | be equal to 66 2/3% of the
employee's average weekly wage | ||||||
| 23 | computed in accordance with Section 10,
provided that it | ||||||
| 24 | shall be not less than 66 2/3% of the sum of the Federal | ||||||
| 25 | minimum wage under the Fair Labor
Standards Act, or the | ||||||
| 26 | Illinois minimum wage under the Minimum Wage Law,
whichever | ||||||
| |||||||
| |||||||
| 1 | is more, multiplied by 40 hours. This percentage rate shall | ||||||
| 2 | be
increased by 10% for each spouse and child, not to | ||||||
| 3 | exceed 100% of the total
minimum wage calculation,
| ||||||
| 4 | nor exceed the employee's average weekly wage computed in | ||||||
| 5 | accordance
with the provisions of Section 10, whichever is | ||||||
| 6 | less.
| ||||||
| 7 | 2. The compensation rate in all cases other than for | ||||||
| 8 | temporary total
disability under this paragraph (b), and | ||||||
| 9 | other than for serious and
permanent disfigurement under | ||||||
| 10 | paragraph (c) and other than for permanent
partial | ||||||
| 11 | disability under subparagraph (2) of paragraph (d) or under
| ||||||
| 12 | paragraph (e), of this Section shall be equal to 66
2/3% of | ||||||
| 13 | the employee's average weekly wage computed in accordance | ||||||
| 14 | with
the provisions of Section 10, provided that it shall | ||||||
| 15 | be not less than
66 2/3% of the sum of the Federal minimum | ||||||
| 16 | wage under the Fair Labor Standards Act, or the Illinois | ||||||
| 17 | minimum wage under the Minimum Wage Law, whichever is more, | ||||||
| 18 | multiplied by 40 hours. This percentage rate shall be | ||||||
| 19 | increased by 10% for each spouse and child, not to exceed | ||||||
| 20 | 100% of the total minimum wage calculation,
| ||||||
| 21 | nor exceed the employee's average weekly wage computed in | ||||||
| 22 | accordance
with the provisions of Section 10, whichever is | ||||||
| 23 | less.
| ||||||
| 24 | 2.1. The compensation rate in all cases of serious and | ||||||
| 25 | permanent
disfigurement under paragraph (c) and of | ||||||
| 26 | permanent partial disability
under subparagraph (2) of | ||||||
| |||||||
| |||||||
| 1 | paragraph (d) or under paragraph (e) of this
Section shall | ||||||
| 2 | be equal to
60% of the employee's average
weekly wage | ||||||
| 3 | computed in accordance with
the provisions of Section 10, | ||||||
| 4 | provided that it shall be not less than
66 2/3% of the sum | ||||||
| 5 | of the Federal minimum wage under the Fair Labor Standards | ||||||
| 6 | Act, or the Illinois minimum wage under the Minimum Wage | ||||||
| 7 | Law, whichever is more, multiplied by 40 hours. This | ||||||
| 8 | percentage rate shall be increased by 10% for each spouse | ||||||
| 9 | and child, not to exceed 100% of the total minimum wage | ||||||
| 10 | calculation,
| ||||||
| 11 | nor exceed the employee's average weekly wage computed in | ||||||
| 12 | accordance
with the provisions of Section 10, whichever is | ||||||
| 13 | less.
| ||||||
| 14 | 3. As used in this Section the term "child" means a | ||||||
| 15 | child of the
employee including any child legally adopted | ||||||
| 16 | before the accident or whom
at the time of the accident the | ||||||
| 17 | employee was under legal obligation to
support or to whom | ||||||
| 18 | the employee stood in loco parentis, and who at the
time of | ||||||
| 19 | the accident was under 18 years of age and not emancipated. | ||||||
| 20 | The
term "children" means the plural of "child".
| ||||||
| 21 | 4. All weekly compensation rates provided under | ||||||
| 22 | subparagraphs 1,
2 and 2.1 of this paragraph (b) of this | ||||||
| 23 | Section shall be subject to the
following limitations:
| ||||||
| 24 | The maximum weekly compensation rate from July 1, 1975, | ||||||
| 25 | except as
hereinafter provided, shall be 100% of the | ||||||
| 26 | State's average weekly wage in
covered industries under the | ||||||
| |||||||
| |||||||
| 1 | Unemployment Insurance Act, that being the
wage that most | ||||||
| 2 | closely approximates the State's average weekly wage.
| ||||||
| 3 | The maximum weekly compensation rate, for the period | ||||||
| 4 | July 1, 1984,
through June 30, 1987, except as hereinafter | ||||||
| 5 | provided, shall be $293.61.
Effective July 1, 1987 and on | ||||||
| 6 | July 1 of each year thereafter the maximum
weekly | ||||||
| 7 | compensation rate, except as hereinafter provided, shall | ||||||
| 8 | be
determined as follows: if during the preceding 12 month | ||||||
| 9 | period there shall
have been an increase in the State's | ||||||
| 10 | average weekly wage in covered
industries under the | ||||||
| 11 | Unemployment Insurance Act, the weekly compensation
rate | ||||||
| 12 | shall be proportionately increased by the same percentage | ||||||
| 13 | as the
percentage of increase in the State's average weekly | ||||||
| 14 | wage in covered
industries under the Unemployment | ||||||
| 15 | Insurance Act during such period.
| ||||||
| 16 | The maximum weekly compensation rate, for the period | ||||||
| 17 | January 1, 1981
through December 31, 1983, except as | ||||||
| 18 | hereinafter provided, shall be 100% of
the State's average | ||||||
| 19 | weekly wage in covered industries under the
Unemployment | ||||||
| 20 | Insurance Act in effect on January 1, 1981. Effective | ||||||
| 21 | January
1, 1984 and on January 1, of each year thereafter | ||||||
| 22 | the maximum weekly
compensation rate, except as | ||||||
| 23 | hereinafter provided, shall be determined as
follows: if | ||||||
| 24 | during the preceding 12 month period there shall have been | ||||||
| 25 | an
increase in the State's average weekly wage in covered | ||||||
| 26 | industries under the
Unemployment Insurance Act, the | ||||||
| |||||||
| |||||||
| 1 | weekly compensation rate shall be
proportionately | ||||||
| 2 | increased by the same percentage as the percentage of
| ||||||
| 3 | increase in the State's average weekly wage in covered | ||||||
| 4 | industries under the
Unemployment Insurance Act during | ||||||
| 5 | such period.
| ||||||
| 6 | From July 1, 1977 and thereafter such maximum weekly | ||||||
| 7 | compensation
rate in death cases under Section 7, and | ||||||
| 8 | permanent total disability
cases under paragraph (f) or | ||||||
| 9 | subparagraph 18 of paragraph (3) of this
Section and for | ||||||
| 10 | temporary total disability under paragraph (b) of this
| ||||||
| 11 | Section and for amputation of a member or enucleation of an | ||||||
| 12 | eye under
paragraph (e) of this Section shall be increased | ||||||
| 13 | to 133-1/3% of the
State's average weekly wage in covered | ||||||
| 14 | industries under the
Unemployment Insurance Act.
| ||||||
| 15 | For injuries occurring on or after February 1, 2006, | ||||||
| 16 | the maximum weekly benefit under paragraph (d)1 of this | ||||||
| 17 | Section shall be 100% of the State's average weekly wage in | ||||||
| 18 | covered industries under the Unemployment Insurance Act.
| ||||||
| 19 | 4.1. Any provision herein to the contrary | ||||||
| 20 | notwithstanding, the
weekly compensation rate for | ||||||
| 21 | compensation payments under subparagraph 18
of paragraph | ||||||
| 22 | (e) of this Section and under paragraph (f) of this
Section | ||||||
| 23 | and under paragraph (a) of Section 7 and for amputation of | ||||||
| 24 | a member or enucleation of an eye under paragraph (e) of | ||||||
| 25 | this Section, shall in no event be less
than 50% of the | ||||||
| 26 | State's average weekly wage in covered industries under
the | ||||||
| |||||||
| |||||||
| 1 | Unemployment Insurance Act.
| ||||||
| 2 | 4.2. Any provision to the contrary notwithstanding, | ||||||
| 3 | the total
compensation payable under Section 7 shall not | ||||||
| 4 | exceed the greater of $500,000
or 25
years.
| ||||||
| 5 | 5. For the purpose of this Section this State's average | ||||||
| 6 | weekly wage
in covered industries under the Unemployment | ||||||
| 7 | Insurance Act on
July 1, 1975 is hereby fixed at $228.16 | ||||||
| 8 | per
week and the computation of compensation rates shall be | ||||||
| 9 | based on the
aforesaid average weekly wage until modified | ||||||
| 10 | as hereinafter provided.
| ||||||
| 11 | 6. The Department of Employment Security of the State | ||||||
| 12 | shall
on or before the first day of December, 1977, and on | ||||||
| 13 | or before the first
day of June, 1978, and on the first day | ||||||
| 14 | of each December and June of each
year thereafter, publish | ||||||
| 15 | the State's average weekly wage in covered
industries under | ||||||
| 16 | the Unemployment Insurance Act and the Illinois Workers' | ||||||
| 17 | Compensation
Commission shall on the 15th day of January, | ||||||
| 18 | 1978 and on the 15th day of
July, 1978 and on the 15th day | ||||||
| 19 | of each January and July of each year
thereafter, post and | ||||||
| 20 | publish the State's average weekly wage in covered
| ||||||
| 21 | industries under the Unemployment Insurance Act as last | ||||||
| 22 | determined and
published by the Department of Employment | ||||||
| 23 | Security. The amount when so
posted and published shall be | ||||||
| 24 | conclusive and shall be applicable as the
basis of | ||||||
| 25 | computation of compensation rates until the next posting | ||||||
| 26 | and
publication as aforesaid.
| ||||||
| |||||||
| |||||||
| 1 | 7. The payment of compensation by an employer or his | ||||||
| 2 | insurance
carrier to an injured employee shall not | ||||||
| 3 | constitute an admission of the
employer's liability to pay | ||||||
| 4 | compensation.
| ||||||
| 5 | (c) For any serious and permanent disfigurement to the | ||||||
| 6 | hand, head,
face, neck, arm, leg below the knee or the chest | ||||||
| 7 | above the axillary
line, the employee is entitled to | ||||||
| 8 | compensation for such disfigurement,
the amount determined by | ||||||
| 9 | agreement at any time or by arbitration under
this Act, at a | ||||||
| 10 | hearing not less than 6 months after the date of the
accidental | ||||||
| 11 | injury, which amount shall not exceed 150 weeks (if the | ||||||
| 12 | accidental injury occurs on or after the effective date of this | ||||||
| 13 | amendatory Act of the 94th General Assembly
but before February
| ||||||
| 14 | 1, 2006) or 162
weeks (if the accidental injury occurs on or | ||||||
| 15 | after February
1, 2006) at the
applicable rate provided in | ||||||
| 16 | subparagraph 2.1 of paragraph (b) of this Section.
| ||||||
| 17 | No compensation is payable under this paragraph where | ||||||
| 18 | compensation is
payable under paragraphs (d), (e) or (f) of | ||||||
| 19 | this Section.
| ||||||
| 20 | A duly appointed member of a fire department in a city, the | ||||||
| 21 | population of
which exceeds 500,000 according to the last | ||||||
| 22 | federal or State census, is
eligible for compensation under | ||||||
| 23 | this paragraph only where such serious and
permanent | ||||||
| 24 | disfigurement results from burns.
| ||||||
| 25 | (d) 1. If, after the accidental injury has been sustained, | ||||||
| 26 | the
employee as a result thereof becomes partially | ||||||
| |||||||
| |||||||
| 1 | incapacitated from
pursuing his usual and customary line of | ||||||
| 2 | employment, he shall, except in
cases compensated under the | ||||||
| 3 | specific schedule set forth in paragraph (e)
of this Section, | ||||||
| 4 | receive compensation for the duration of his
disability, | ||||||
| 5 | subject to the limitations as to maximum amounts fixed in
| ||||||
| 6 | paragraph (b) of this Section, equal to 66-2/3% of the | ||||||
| 7 | difference
between the average amount which he would be able to | ||||||
| 8 | earn in the full
performance of his duties in the occupation in | ||||||
| 9 | which he was engaged at
the time of the accident and the | ||||||
| 10 | average amount which he is earning or
is able to earn in some | ||||||
| 11 | suitable employment or business after the accident. For | ||||||
| 12 | accidental injuries that occur on or after September 1, 2011, | ||||||
| 13 | an award for wage differential under this subsection shall be | ||||||
| 14 | effective only until the employee reaches the age of 67 or 5 | ||||||
| 15 | years from the date the award becomes final, whichever is | ||||||
| 16 | later.
| ||||||
| 17 | 2. If, as a result of the accident, the employee sustains | ||||||
| 18 | serious
and permanent injuries not covered by paragraphs (c) | ||||||
| 19 | and (e) of this
Section or having sustained injuries covered by | ||||||
| 20 | the aforesaid
paragraphs (c) and (e), he shall have sustained | ||||||
| 21 | in addition thereto
other injuries which injuries do not | ||||||
| 22 | incapacitate him from pursuing the
duties of his employment but | ||||||
| 23 | which would disable him from pursuing other
suitable | ||||||
| 24 | occupations, or which have otherwise resulted in physical
| ||||||
| 25 | impairment; or if such injuries partially incapacitate him from | ||||||
| 26 | pursuing
the duties of his usual and customary line of | ||||||
| |||||||
| |||||||
| 1 | employment but do not
result in an impairment of earning | ||||||
| 2 | capacity, or having resulted in an
impairment of earning | ||||||
| 3 | capacity, the employee elects to waive his right
to recover | ||||||
| 4 | under the foregoing subparagraph 1 of paragraph (d) of this
| ||||||
| 5 | Section then in any of the foregoing events, he shall receive | ||||||
| 6 | in
addition to compensation for temporary total disability | ||||||
| 7 | under paragraph
(b) of this Section, compensation at the rate | ||||||
| 8 | provided in subparagraph 2.1
of paragraph (b) of this Section | ||||||
| 9 | for that percentage of 500 weeks that
the partial disability | ||||||
| 10 | resulting from the injuries covered by this
paragraph bears to | ||||||
| 11 | total disability. If the employee shall have
sustained a | ||||||
| 12 | fracture of one or more vertebra or fracture of the skull,
the | ||||||
| 13 | amount of compensation allowed under this Section shall be not | ||||||
| 14 | less
than 6 weeks for a fractured skull and 6 weeks for each | ||||||
| 15 | fractured
vertebra, and in the event the employee shall have | ||||||
| 16 | sustained a fracture
of any of the following facial bones: | ||||||
| 17 | nasal, lachrymal, vomer, zygoma,
maxilla, palatine or | ||||||
| 18 | mandible, the amount of compensation allowed under
this Section | ||||||
| 19 | shall be not less than 2 weeks for each such fractured
bone, | ||||||
| 20 | and for a fracture of each transverse process not less than 3
| ||||||
| 21 | weeks. In the event such injuries shall result in the loss of a | ||||||
| 22 | kidney,
spleen or lung, the amount of compensation allowed | ||||||
| 23 | under this Section
shall be not less than 10 weeks for each | ||||||
| 24 | such organ. Compensation
awarded under this subparagraph 2 | ||||||
| 25 | shall not take into consideration
injuries covered under | ||||||
| 26 | paragraphs (c) and (e) of this Section and the
compensation | ||||||
| |||||||
| |||||||
| 1 | provided in this paragraph shall not affect the employee's
| ||||||
| 2 | right to compensation payable under paragraphs (b), (c) and (e) | ||||||
| 3 | of this
Section for the disabilities therein covered.
| ||||||
| 4 | (e) For accidental injuries in the following schedule, the | ||||||
| 5 | employee
shall receive compensation for the period of temporary | ||||||
| 6 | total incapacity
for work resulting from such accidental | ||||||
| 7 | injury, under subparagraph 1 of
paragraph (b) of this Section, | ||||||
| 8 | and shall receive in addition thereto
compensation for a | ||||||
| 9 | further period for the specific loss herein
mentioned, but | ||||||
| 10 | shall not receive any compensation under any other
provisions | ||||||
| 11 | of this Act. The following listed amounts apply to either
the | ||||||
| 12 | loss of or the permanent and complete loss of use of the member
| ||||||
| 13 | specified, such compensation for the length of time as follows:
| ||||||
| 14 | 1. Thumb- | ||||||
| 15 | 70 weeks if the accidental injury occurs on or | ||||||
| 16 | after the effective date of this amendatory Act of the | ||||||
| 17 | 94th General Assembly
but before February
1, 2006.
| ||||||
| 18 | 76
weeks if the accidental injury occurs on or | ||||||
| 19 | after February
1, 2006.
| ||||||
| 20 | 2. First, or index finger- | ||||||
| 21 | 40 weeks if the accidental injury occurs on or | ||||||
| 22 | after the effective date of this amendatory Act of the | ||||||
| 23 | 94th General Assembly
but before February
1, 2006.
| ||||||
| 24 | 43
weeks if the accidental injury occurs on or | ||||||
| 25 | after February
1, 2006.
| ||||||
| 26 | 3. Second, or middle finger- | ||||||
| |||||||
| |||||||
| 1 | 35 weeks if the accidental injury occurs on or | ||||||
| 2 | after the effective date of this amendatory Act of the | ||||||
| 3 | 94th General Assembly
but before February
1, 2006.
| ||||||
| 4 | 38
weeks if the accidental injury occurs on or | ||||||
| 5 | after February
1, 2006.
| ||||||
| 6 | 4. Third, or ring finger- | ||||||
| 7 | 25 weeks if the accidental injury occurs on or | ||||||
| 8 | after the effective date of this amendatory Act of the | ||||||
| 9 | 94th General Assembly
but before February
1, 2006.
| ||||||
| 10 | 27
weeks if the accidental injury occurs on or | ||||||
| 11 | after February
1, 2006.
| ||||||
| 12 | 5. Fourth, or little finger- | ||||||
| 13 | 20 weeks if the accidental injury occurs on or | ||||||
| 14 | after the effective date of this amendatory Act of the | ||||||
| 15 | 94th General Assembly
but before February
1, 2006.
| ||||||
| 16 | 22
weeks if the accidental injury occurs on or | ||||||
| 17 | after February
1, 2006.
| ||||||
| 18 | 6. Great toe- | ||||||
| 19 | 35 weeks if the accidental injury occurs on or | ||||||
| 20 | after the effective date of this amendatory Act of the | ||||||
| 21 | 94th General Assembly
but before February
1, 2006.
| ||||||
| 22 | 38
weeks if the accidental injury occurs on or | ||||||
| 23 | after February
1, 2006.
| ||||||
| 24 | 7. Each toe other than great toe- | ||||||
| 25 | 12 weeks if the accidental injury occurs on or | ||||||
| 26 | after the effective date of this amendatory Act of the | ||||||
| |||||||
| |||||||
| 1 | 94th General Assembly
but before February
1, 2006.
| ||||||
| 2 | 13
weeks if the accidental injury occurs on or | ||||||
| 3 | after February
1, 2006.
| ||||||
| 4 | 8. The loss of the first or distal phalanx of the thumb | ||||||
| 5 | or of any
finger or toe shall be considered to be equal to | ||||||
| 6 | the loss of one-half of
such thumb, finger or toe and the | ||||||
| 7 | compensation payable shall be one-half
of the amount above | ||||||
| 8 | specified. The loss of more than one phalanx shall
be | ||||||
| 9 | considered as the loss of the entire thumb, finger or toe. | ||||||
| 10 | In no
case shall the amount received for more than one | ||||||
| 11 | finger exceed the
amount provided in this schedule for the | ||||||
| 12 | loss of a hand.
| ||||||
| 13 | 9. Hand- | ||||||
| 14 | 190 weeks if the accidental injury occurs on or | ||||||
| 15 | after the effective date of this amendatory Act of the | ||||||
| 16 | 94th General Assembly
but before February
1, 2006.
| ||||||
| 17 | 205
weeks if the accidental injury occurs on or | ||||||
| 18 | after February
1, 2006. | ||||||
| 19 | 190 weeks if the accidental injury occurs on or | ||||||
| 20 | after June 28, 2011 (the effective date of Public Act | ||||||
| 21 | 97-18) and if the accidental injury involves carpal | ||||||
| 22 | tunnel syndrome due to repetitive or cumulative | ||||||
| 23 | trauma, in which case the permanent partial disability | ||||||
| 24 | shall not exceed 15% loss of use of the hand, except | ||||||
| 25 | for cause shown by clear and convincing evidence and in | ||||||
| 26 | which case the award shall not exceed 30% loss of use | ||||||
| |||||||
| |||||||
| 1 | of the hand. | ||||||
| 2 | The loss of 2 or more digits, or one or more
phalanges | ||||||
| 3 | of 2 or more digits, of a hand may be compensated on the | ||||||
| 4 | basis
of partial loss of use of a hand, provided, further, | ||||||
| 5 | that the loss of 4
digits, or the loss of use of 4 digits, | ||||||
| 6 | in the same hand shall
constitute the complete loss of a | ||||||
| 7 | hand.
| ||||||
| 8 | 10. Arm- | ||||||
| 9 | 235 weeks if the accidental injury occurs on or | ||||||
| 10 | after the effective date of this amendatory Act of the | ||||||
| 11 | 94th General Assembly
but before February
1, 2006.
| ||||||
| 12 | 253
weeks if the accidental injury occurs on or | ||||||
| 13 | after February
1, 2006. | ||||||
| 14 | Where an accidental injury results in the
amputation of | ||||||
| 15 | an arm below the elbow, such injury shall be compensated
as | ||||||
| 16 | a loss of an arm. Where an accidental injury results in the
| ||||||
| 17 | amputation of an arm above the elbow, compensation for an | ||||||
| 18 | additional 15 weeks (if the accidental injury occurs on or | ||||||
| 19 | after the effective date of this amendatory Act of the 94th | ||||||
| 20 | General Assembly
but before February
1, 2006) or an | ||||||
| 21 | additional 17
weeks (if the accidental injury occurs on or | ||||||
| 22 | after February
1, 2006) shall be paid, except where the | ||||||
| 23 | accidental injury results in the
amputation of an arm at | ||||||
| 24 | the shoulder joint, or so close to shoulder
joint that an | ||||||
| 25 | artificial arm cannot be used, or results in the
| ||||||
| 26 | disarticulation of an arm at the shoulder joint, in which | ||||||
| |||||||
| |||||||
| 1 | case
compensation for an additional 65 weeks (if the | ||||||
| 2 | accidental injury occurs on or after the effective date of | ||||||
| 3 | this amendatory Act of the 94th General Assembly
but before | ||||||
| 4 | February
1, 2006) or an additional 70
weeks (if the | ||||||
| 5 | accidental injury occurs on or after February
1, 2006)
| ||||||
| 6 | shall be paid.
| ||||||
| 7 | 11. Foot- | ||||||
| 8 | 155 weeks if the accidental injury occurs on or | ||||||
| 9 | after the effective date of this amendatory Act of the | ||||||
| 10 | 94th General Assembly
but before February
1, 2006.
| ||||||
| 11 | 167
weeks if the accidental injury occurs on or | ||||||
| 12 | after February
1, 2006.
| ||||||
| 13 | 12. Leg- | ||||||
| 14 | 200 weeks if the accidental injury occurs on or | ||||||
| 15 | after the effective date of this amendatory Act of the | ||||||
| 16 | 94th General Assembly
but before February
1, 2006.
| ||||||
| 17 | 215
weeks if the accidental injury occurs on or | ||||||
| 18 | after February
1, 2006. | ||||||
| 19 | Where an accidental injury results in the
amputation of | ||||||
| 20 | a leg below the knee, such injury shall be compensated as
| ||||||
| 21 | loss of a leg. Where an accidental injury results in the | ||||||
| 22 | amputation of a
leg above the knee, compensation for an | ||||||
| 23 | additional 25 weeks (if the accidental injury occurs on or | ||||||
| 24 | after the effective date of this amendatory Act of the 94th | ||||||
| 25 | General Assembly
but before February
1, 2006) or an | ||||||
| 26 | additional 27
weeks (if the accidental injury occurs on or | ||||||
| |||||||
| |||||||
| 1 | after February
1, 2006) shall be
paid, except where the | ||||||
| 2 | accidental injury results in the amputation of a
leg at the | ||||||
| 3 | hip joint, or so close to the hip joint that an artificial
| ||||||
| 4 | leg cannot be used, or results in the disarticulation of a | ||||||
| 5 | leg at the
hip joint, in which case compensation for an | ||||||
| 6 | additional 75 weeks (if the accidental injury occurs on or | ||||||
| 7 | after the effective date of this amendatory Act of the 94th | ||||||
| 8 | General Assembly
but before February
1, 2006) or an | ||||||
| 9 | additional 81
weeks (if the accidental injury occurs on or | ||||||
| 10 | after February
1, 2006) shall
be paid.
| ||||||
| 11 | 13. Eye- | ||||||
| 12 | 150 weeks if the accidental injury occurs on or | ||||||
| 13 | after the effective date of this amendatory Act of the | ||||||
| 14 | 94th General Assembly
but before February
1, 2006.
| ||||||
| 15 | 162
weeks if the accidental injury occurs on or | ||||||
| 16 | after February
1, 2006. | ||||||
| 17 | Where an accidental injury results in the
enucleation | ||||||
| 18 | of an eye, compensation for an additional 10 weeks (if the | ||||||
| 19 | accidental injury occurs on or after the effective date of | ||||||
| 20 | this amendatory Act of the 94th General Assembly
but before | ||||||
| 21 | February
1, 2006) or an additional 11
weeks (if the | ||||||
| 22 | accidental injury occurs on or after February
1, 2006)
| ||||||
| 23 | shall be
paid.
| ||||||
| 24 | 14. Loss of hearing of one ear- | ||||||
| 25 | 50 weeks if the accidental injury occurs on or | ||||||
| 26 | after the effective date of this amendatory Act of the | ||||||
| |||||||
| |||||||
| 1 | 94th General Assembly
but before February
1, 2006.
| ||||||
| 2 | 54
weeks if the accidental injury occurs on or | ||||||
| 3 | after February
1, 2006.
| ||||||
| 4 | Total and permanent loss of
hearing of both ears- | ||||||
| 5 | 200 weeks if the accidental injury occurs on or | ||||||
| 6 | after the effective date of this amendatory Act of the | ||||||
| 7 | 94th General Assembly
but before February
1, 2006. | ||||||
| 8 | 215
weeks if the accidental injury occurs on or | ||||||
| 9 | after February
1, 2006.
| ||||||
| 10 | 15. Testicle- | ||||||
| 11 | 50 weeks if the accidental injury occurs on or | ||||||
| 12 | after the effective date of this amendatory Act of the | ||||||
| 13 | 94th General Assembly
but before February
1, 2006.
| ||||||
| 14 | 54
weeks if the accidental injury occurs on or | ||||||
| 15 | after February
1, 2006.
| ||||||
| 16 | Both testicles- | ||||||
| 17 | 150 weeks if the accidental injury occurs on or | ||||||
| 18 | after the effective date of this amendatory Act of the | ||||||
| 19 | 94th General Assembly
but before February
1, 2006.
| ||||||
| 20 | 162
weeks if the accidental injury occurs on or | ||||||
| 21 | after February
1, 2006.
| ||||||
| 22 | 16. For the permanent partial loss of use of a member | ||||||
| 23 | or sight of an
eye, or hearing of an ear, compensation | ||||||
| 24 | during that proportion of the
number of weeks in the | ||||||
| 25 | foregoing schedule provided for the loss of such
member or | ||||||
| 26 | sight of an eye, or hearing of an ear, which the partial | ||||||
| |||||||
| |||||||
| 1 | loss
of use thereof bears to the total loss of use of such | ||||||
| 2 | member, or sight
of eye, or hearing of an ear.
| ||||||
| 3 | (a) Loss of hearing for compensation purposes | ||||||
| 4 | shall be
confined to the frequencies of 1,000, 2,000 | ||||||
| 5 | and 3,000 cycles per second.
Loss of hearing ability | ||||||
| 6 | for frequency tones above 3,000 cycles per second
are | ||||||
| 7 | not to be considered as constituting disability for | ||||||
| 8 | hearing.
| ||||||
| 9 | (b) The percent of hearing loss, for purposes of | ||||||
| 10 | the
determination of compensation claims for | ||||||
| 11 | occupational deafness,
shall be calculated as the | ||||||
| 12 | average in decibels for the thresholds
of hearing for | ||||||
| 13 | the frequencies of 1,000, 2,000 and 3,000 cycles per | ||||||
| 14 | second.
Pure tone air conduction audiometric | ||||||
| 15 | instruments, approved by
nationally recognized | ||||||
| 16 | authorities in this field, shall be used for measuring
| ||||||
| 17 | hearing loss. If the losses of hearing average 30 | ||||||
| 18 | decibels or less in the
3 frequencies, such losses of | ||||||
| 19 | hearing shall not then constitute any
compensable | ||||||
| 20 | hearing disability. If the losses of hearing average 85
| ||||||
| 21 | decibels or more in the 3 frequencies, then the same | ||||||
| 22 | shall constitute and
be total or 100% compensable | ||||||
| 23 | hearing loss.
| ||||||
| 24 | (c) In measuring hearing impairment, the lowest | ||||||
| 25 | measured
losses in each of the 3 frequencies shall be | ||||||
| 26 | added together and
divided by 3 to determine the | ||||||
| ||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
| 1 | average decibel loss. For every decibel
of loss | |||||||||||||||||||||||||||||||||
| 2 | exceeding 30 decibels an allowance of 1.82% shall be | |||||||||||||||||||||||||||||||||
| 3 | made up to
the maximum of 100% which is reached at 85 | |||||||||||||||||||||||||||||||||
| 4 | decibels.
| |||||||||||||||||||||||||||||||||
| 5 | (d) If a hearing loss is established to have | |||||||||||||||||||||||||||||||||
| 6 | existed on July 1, 1975 by
audiometric testing the | |||||||||||||||||||||||||||||||||
| 7 | employer shall not be liable for the previous loss
so | |||||||||||||||||||||||||||||||||
| 8 | established nor shall he be liable for any loss for | |||||||||||||||||||||||||||||||||
| 9 | which compensation
has been paid or awarded.
| |||||||||||||||||||||||||||||||||
| 10 | (e) No consideration shall be given to the question | |||||||||||||||||||||||||||||||||
| 11 | of
whether or not the ability of an employee to | |||||||||||||||||||||||||||||||||
| 12 | understand speech
is improved by the use of a hearing | |||||||||||||||||||||||||||||||||
| 13 | aid.
| |||||||||||||||||||||||||||||||||
| 14 | (f) No claim for loss of hearing due to industrial | |||||||||||||||||||||||||||||||||
| 15 | noise
shall be brought against an employer or allowed | |||||||||||||||||||||||||||||||||
| 16 | unless the employee has
been exposed for a period of | |||||||||||||||||||||||||||||||||
| 17 | time sufficient to cause permanent impairment
to noise | |||||||||||||||||||||||||||||||||
| 18 | levels in excess of the following:
| |||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
| ||||||||||||||
| ||||||||||||||
| ||||||||||||||
| 4 | This subparagraph (f) shall not be applied in cases of | |||||||||||||
| 5 | hearing loss
resulting from trauma or explosion.
| |||||||||||||
| 6 | 17. In computing the compensation to be paid to any | |||||||||||||
| 7 | employee who,
before the accident for which he claims | |||||||||||||
| 8 | compensation, had before that
time sustained an injury | |||||||||||||
| 9 | resulting in the loss by amputation or partial
loss by | |||||||||||||
| 10 | amputation of any member, including hand, arm, thumb or | |||||||||||||
| 11 | fingers,
leg, foot or any toes, such loss or partial loss | |||||||||||||
| 12 | of any such member
shall be deducted from any award made | |||||||||||||
| 13 | for the subsequent injury. For
the permanent loss of use or | |||||||||||||
| 14 | the permanent partial loss of use of any
such member or the | |||||||||||||
| 15 | partial loss of sight of an eye, for which
compensation has | |||||||||||||
| 16 | been paid, then such loss shall be taken into
consideration | |||||||||||||
| 17 | and deducted from any award for the subsequent injury.
| |||||||||||||
| 18 | 18. The specific case of loss of both hands, both arms, | |||||||||||||
| 19 | or both
feet, or both legs, or both eyes, or of any two | |||||||||||||
| 20 | thereof, or the
permanent and complete loss of the use | |||||||||||||
| 21 | thereof, constitutes total and
permanent disability, to be | |||||||||||||
| 22 | compensated according to the compensation
fixed by | |||||||||||||
| 23 | paragraph (f) of this Section. These specific cases of | |||||||||||||
| 24 | total
and permanent disability do not exclude other cases.
| |||||||||||||
| 25 | Any employee who has previously suffered the loss or | |||||||||||||
| 26 | permanent and
complete loss of the use of any of such | |||||||||||||
| |||||||
| |||||||
| 1 | members, and in a subsequent
independent accident loses | ||||||
| 2 | another or suffers the permanent and complete
loss of the | ||||||
| 3 | use of any one of such members the employer for whom the
| ||||||
| 4 | injured employee is working at the time of the last | ||||||
| 5 | independent accident
is liable to pay compensation only for | ||||||
| 6 | the loss or permanent and
complete loss of the use of the | ||||||
| 7 | member occasioned by the last
independent accident.
| ||||||
| 8 | 19. In a case of specific loss and the subsequent death | ||||||
| 9 | of such
injured employee from other causes than such injury | ||||||
| 10 | leaving a widow,
widower, or dependents surviving before | ||||||
| 11 | payment or payment in full for
such injury, then the amount | ||||||
| 12 | due for such injury is payable to the widow
or widower and, | ||||||
| 13 | if there be no widow or widower, then to such
dependents, | ||||||
| 14 | in the proportion which such dependency bears to total
| ||||||
| 15 | dependency.
| ||||||
| 16 | Beginning July 1, 1980, and every 6 months thereafter, the | ||||||
| 17 | Commission
shall examine the Second Injury Fund and when, after | ||||||
| 18 | deducting all
advances or loans made to such Fund, the amount | ||||||
| 19 | therein is $500,000
then the amount required to be paid by | ||||||
| 20 | employers pursuant to paragraph
(f) of Section 7 shall be | ||||||
| 21 | reduced by one-half. When the Second Injury Fund
reaches the | ||||||
| 22 | sum of $600,000 then the payments shall cease entirely.
| ||||||
| 23 | However, when the Second Injury Fund has been reduced to | ||||||
| 24 | $400,000, payment
of one-half of the amounts required by | ||||||
| 25 | paragraph (f) of Section 7
shall be resumed, in the manner | ||||||
| 26 | herein provided, and when the Second Injury
Fund has been | ||||||
| |||||||
| |||||||
| 1 | reduced to $300,000, payment of the full amounts required by
| ||||||
| 2 | paragraph (f) of Section 7 shall be resumed, in the manner | ||||||
| 3 | herein provided.
The Commission shall make the changes in | ||||||
| 4 | payment effective by
general order, and the changes in payment | ||||||
| 5 | become immediately effective
for all cases coming before the | ||||||
| 6 | Commission thereafter either by
settlement agreement or final | ||||||
| 7 | order, irrespective of the date of the
accidental injury.
| ||||||
| 8 | On August 1, 1996 and on February 1 and August 1 of each | ||||||
| 9 | subsequent year, the Commission
shall examine the special fund | ||||||
| 10 | designated as the "Rate
Adjustment Fund" and when, after | ||||||
| 11 | deducting all advances or loans made to
said fund, the amount | ||||||
| 12 | therein is $4,000,000, the amount required to be
paid by | ||||||
| 13 | employers pursuant to paragraph (f) of Section 7 shall be
| ||||||
| 14 | reduced by one-half. When the Rate Adjustment Fund reaches the | ||||||
| 15 | sum of
$5,000,000 the payment therein shall cease entirely. | ||||||
| 16 | However, when said
Rate Adjustment Fund has been reduced to | ||||||
| 17 | $3,000,000 the amounts required by
paragraph (f) of Section 7 | ||||||
| 18 | shall be resumed in the manner herein provided.
| ||||||
| 19 | (f) In case of complete disability, which renders the | ||||||
| 20 | employee
wholly and permanently incapable of work, or in the | ||||||
| 21 | specific case of
total and permanent disability as provided in | ||||||
| 22 | subparagraph 18 of
paragraph (e) of this Section, compensation | ||||||
| 23 | shall be payable at the rate
provided in subparagraph 2 of | ||||||
| 24 | paragraph (b) of this Section for life.
| ||||||
| 25 | An employee entitled to benefits under paragraph (f) of | ||||||
| 26 | this Section
shall also be entitled to receive from the Rate | ||||||
| |||||||
| |||||||
| 1 | Adjustment
Fund provided in paragraph (f) of Section 7 of the | ||||||
| 2 | supplementary benefits
provided in paragraph (g) of this | ||||||
| 3 | Section 8.
| ||||||
| 4 | If any employee who receives an award under this paragraph | ||||||
| 5 | afterwards
returns to work or is able to do so, and earns or is | ||||||
| 6 | able to earn as
much as before the accident, payments under | ||||||
| 7 | such award shall cease. If
such employee returns to work, or is | ||||||
| 8 | able to do so, and earns or is able
to earn part but not as much | ||||||
| 9 | as before the accident, such award shall be
modified so as to | ||||||
| 10 | conform to an award under paragraph (d) of this
Section. If | ||||||
| 11 | such award is terminated or reduced under the provisions of
| ||||||
| 12 | this paragraph, such employees have the right at any time | ||||||
| 13 | within 30
months after the date of such termination or | ||||||
| 14 | reduction to file petition
with the Commission for the purpose | ||||||
| 15 | of determining whether any
disability exists as a result of the | ||||||
| 16 | original accidental injury and the
extent thereof.
| ||||||
| 17 | Disability as enumerated in subdivision 18, paragraph (e) | ||||||
| 18 | of this
Section is considered complete disability.
| ||||||
| 19 | If an employee who had previously incurred loss or the | ||||||
| 20 | permanent and
complete loss of use of one member, through the | ||||||
| 21 | loss or the permanent
and complete loss of the use of one hand, | ||||||
| 22 | one arm, one foot, one leg, or
one eye, incurs permanent and | ||||||
| 23 | complete disability through the loss or
the permanent and | ||||||
| 24 | complete loss of the use of another member, he shall
receive, | ||||||
| 25 | in addition to the compensation payable by the employer and
| ||||||
| 26 | after such payments have ceased, an amount from the Second | ||||||
| |||||||
| |||||||
| 1 | Injury Fund
provided for in paragraph (f) of Section 7, which, | ||||||
| 2 | together with the
compensation payable from the employer in | ||||||
| 3 | whose employ he was when the
last accidental injury was | ||||||
| 4 | incurred, will equal the amount payable for
permanent and | ||||||
| 5 | complete disability as provided in this paragraph of this
| ||||||
| 6 | Section.
| ||||||
| 7 | The custodian of the Second Injury Fund provided for in | ||||||
| 8 | paragraph (f)
of Section 7 shall be joined with the employer as | ||||||
| 9 | a party respondent in
the application for adjustment of claim. | ||||||
| 10 | The application for adjustment
of claim shall state briefly and | ||||||
| 11 | in general terms the approximate time
and place and manner of | ||||||
| 12 | the loss of the first member.
| ||||||
| 13 | In its award the Commission or the Arbitrator shall | ||||||
| 14 | specifically find
the amount the injured employee shall be | ||||||
| 15 | weekly paid, the number of
weeks compensation which shall be | ||||||
| 16 | paid by the employer, the date upon
which payments begin out of | ||||||
| 17 | the Second Injury Fund provided for in
paragraph (f) of Section | ||||||
| 18 | 7 of this Act, the length of time the weekly
payments continue, | ||||||
| 19 | the date upon which the pension payments commence and
the | ||||||
| 20 | monthly amount of the payments. The Commission shall 30 days | ||||||
| 21 | after
the date upon which payments out of the Second Injury | ||||||
| 22 | Fund have begun as
provided in the award, and every month | ||||||
| 23 | thereafter, prepare and submit to
the State Comptroller a | ||||||
| 24 | voucher for payment for all compensation accrued
to that date | ||||||
| 25 | at the rate fixed by the Commission. The State Comptroller
| ||||||
| 26 | shall draw a warrant to the injured employee along with a | ||||||
| |||||||
| |||||||
| 1 | receipt to be
executed by the injured employee and returned to | ||||||
| 2 | the Commission. The
endorsed warrant and receipt is a full and | ||||||
| 3 | complete acquittance to the
Commission for the payment out of | ||||||
| 4 | the Second Injury Fund. No other
appropriation or warrant is | ||||||
| 5 | necessary for payment out of the Second
Injury Fund. The Second | ||||||
| 6 | Injury Fund is appropriated for the purpose of
making payments | ||||||
| 7 | according to the terms of the awards.
| ||||||
| 8 | As of July 1, 1980 to July 1, 1982, all claims against and | ||||||
| 9 | obligations
of the Second Injury Fund shall become claims | ||||||
| 10 | against and obligations of
the Rate Adjustment Fund to the | ||||||
| 11 | extent there is insufficient money in the
Second Injury Fund to | ||||||
| 12 | pay such claims and obligations. In that case, all
references | ||||||
| 13 | to "Second Injury Fund" in this Section shall also include the
| ||||||
| 14 | Rate Adjustment Fund.
| ||||||
| 15 | (g) Every award for permanent total disability entered by | ||||||
| 16 | the
Commission on and after July 1, 1965 under which | ||||||
| 17 | compensation payments
shall become due and payable after the | ||||||
| 18 | effective date of this amendatory
Act, and every award for | ||||||
| 19 | death benefits or permanent total disability
entered by the | ||||||
| 20 | Commission on and after the effective date of this
amendatory | ||||||
| 21 | Act shall be subject to annual adjustments as to the amount
of | ||||||
| 22 | the compensation rate therein provided. Such adjustments shall | ||||||
| 23 | first
be made on July 15, 1977, and all awards made and entered | ||||||
| 24 | prior to July
1, 1975 and on July 15 of each year
thereafter. | ||||||
| 25 | In all other cases such adjustment shall be made on July 15
of | ||||||
| 26 | the second year next following the date of the entry of the | ||||||
| |||||||
| |||||||
| 1 | award and
shall further be made on July 15 annually thereafter. | ||||||
| 2 | If during the
intervening period from the date of the entry of | ||||||
| 3 | the award, or the last
periodic adjustment, there shall have | ||||||
| 4 | been an increase in the State's
average weekly wage in covered | ||||||
| 5 | industries under the Unemployment
Insurance Act, the weekly | ||||||
| 6 | compensation rate shall be proportionately
increased by the | ||||||
| 7 | same percentage as the percentage of increase in the
State's | ||||||
| 8 | average weekly wage in covered industries under the
| ||||||
| 9 | Unemployment Insurance Act. The increase in the compensation | ||||||
| 10 | rate
under this paragraph shall in no event bring the total | ||||||
| 11 | compensation rate
to an amount greater than the prevailing | ||||||
| 12 | maximum rate at the time that the annual adjustment is made. | ||||||
| 13 | Such increase
shall be paid in the same manner as herein | ||||||
| 14 | provided for payments under
the Second Injury Fund to the | ||||||
| 15 | injured employee, or his dependents, as
the case may be, out of | ||||||
| 16 | the Rate Adjustment Fund provided
in paragraph (f) of Section 7 | ||||||
| 17 | of this Act. Payments shall be made at
the same intervals as | ||||||
| 18 | provided in the award or, at the option of the
Commission, may | ||||||
| 19 | be made in quarterly payment on the 15th day of January,
April, | ||||||
| 20 | July and October of each year. In the event of a decrease in
| ||||||
| 21 | such average weekly wage there shall be no change in the then | ||||||
| 22 | existing
compensation rate. The within paragraph shall not | ||||||
| 23 | apply to cases where
there is disputed liability and in which a | ||||||
| 24 | compromise lump sum settlement
between the employer and the | ||||||
| 25 | injured employee, or his dependents, as the
case may be, has | ||||||
| 26 | been duly approved by the Illinois Workers' Compensation
| ||||||
| |||||||
| |||||||
| 1 | Commission.
| ||||||
| 2 | Provided, that in cases of awards entered by the Commission | ||||||
| 3 | for
injuries occurring before July 1, 1975, the increases in | ||||||
| 4 | the
compensation rate adjusted under the foregoing provision of | ||||||
| 5 | this
paragraph (g) shall be limited to increases in the State's | ||||||
| 6 | average
weekly wage in covered industries under the | ||||||
| 7 | Unemployment Insurance Act
occurring after July 1, 1975.
| ||||||
| 8 | For every accident occurring on or after July 20, 2005 but | ||||||
| 9 | before the effective date of this amendatory Act of the 94th | ||||||
| 10 | General Assembly (Senate Bill 1283 of the 94th General | ||||||
| 11 | Assembly), the annual adjustments to the compensation rate in | ||||||
| 12 | awards for death benefits or permanent total disability, as | ||||||
| 13 | provided in this Act, shall be paid by the employer. The | ||||||
| 14 | adjustment shall be made by the employer on July 15 of the | ||||||
| 15 | second year next following the date of the entry of the award | ||||||
| 16 | and shall further be made on July 15 annually thereafter. If | ||||||
| 17 | during the intervening period from the date of the entry of the | ||||||
| 18 | award, or the last periodic adjustment, there shall have been | ||||||
| 19 | an increase in the State's average weekly wage in covered | ||||||
| 20 | industries under the Unemployment Insurance Act, the employer | ||||||
| 21 | shall increase the weekly compensation rate proportionately by | ||||||
| 22 | the same percentage as the percentage of increase in the | ||||||
| 23 | State's average weekly wage in covered industries under the | ||||||
| 24 | Unemployment Insurance Act. The increase in the compensation | ||||||
| 25 | rate under this paragraph shall in no event bring the total | ||||||
| 26 | compensation rate to an amount greater than the prevailing | ||||||
| |||||||
| |||||||
| 1 | maximum rate at the time that the annual adjustment is made. In | ||||||
| 2 | the event of a decrease in such average weekly wage there shall | ||||||
| 3 | be no change in the then existing compensation rate. Such | ||||||
| 4 | increase shall be paid by the employer in the same manner and | ||||||
| 5 | at the same intervals as the payment of compensation in the | ||||||
| 6 | award. This paragraph shall not apply to cases where there is | ||||||
| 7 | disputed liability and in which a compromise lump sum | ||||||
| 8 | settlement between the employer and the injured employee, or | ||||||
| 9 | his or her dependents, as the case may be, has been duly | ||||||
| 10 | approved by the Illinois Workers' Compensation Commission. | ||||||
| 11 | The annual adjustments for every award of death benefits or | ||||||
| 12 | permanent total disability involving accidents occurring | ||||||
| 13 | before July 20, 2005 and accidents occurring on or after the | ||||||
| 14 | effective date of this amendatory Act of the 94th General | ||||||
| 15 | Assembly (Senate Bill 1283 of the 94th General Assembly) shall | ||||||
| 16 | continue to be paid from the Rate Adjustment Fund pursuant to | ||||||
| 17 | this paragraph and Section 7(f) of this Act.
| ||||||
| 18 | (h) In case death occurs from any cause before the total
| ||||||
| 19 | compensation to which the employee would have been entitled has | ||||||
| 20 | been
paid, then in case the employee leaves any widow, widower, | ||||||
| 21 | child, parent
(or any grandchild, grandparent or other lineal | ||||||
| 22 | heir or any collateral
heir dependent at the time of the | ||||||
| 23 | accident upon the earnings of the
employee to the extent of 50% | ||||||
| 24 | or more of total dependency) such
compensation shall be paid to | ||||||
| 25 | the beneficiaries of the deceased employee
and distributed as | ||||||
| 26 | provided in paragraph (g) of Section 7.
| ||||||
| |||||||
| |||||||
| 1 | (h-1) In case an injured employee is under legal disability
| ||||||
| 2 | at the time when any right or privilege accrues to him or her | ||||||
| 3 | under this
Act, a guardian may be appointed pursuant to law, | ||||||
| 4 | and may, on behalf
of such person under legal disability, claim | ||||||
| 5 | and exercise any
such right or privilege with the same effect | ||||||
| 6 | as if the employee himself
or herself had claimed or exercised | ||||||
| 7 | the right or privilege. No limitations
of time provided by this | ||||||
| 8 | Act run so long as the employee who is under legal
disability | ||||||
| 9 | is without a conservator or guardian.
| ||||||
| 10 | (i) In case the injured employee is under 16 years of age | ||||||
| 11 | at the
time of the accident and is illegally employed, the | ||||||
| 12 | amount of
compensation payable under paragraphs (b), (c), (d), | ||||||
| 13 | (e) and (f) of this
Section is increased 50%.
| ||||||
| 14 | However, where an employer has on file an employment | ||||||
| 15 | certificate
issued pursuant to the Child Labor Law or work | ||||||
| 16 | permit issued pursuant
to the Federal Fair Labor Standards Act, | ||||||
| 17 | as amended, or a birth
certificate properly and duly issued, | ||||||
| 18 | such certificate, permit or birth
certificate is conclusive | ||||||
| 19 | evidence as to the age of the injured minor
employee for the | ||||||
| 20 | purposes of this Section.
| ||||||
| 21 | Nothing herein contained repeals or amends the provisions | ||||||
| 22 | of the
Child Labor Law relating to the employment of minors | ||||||
| 23 | under the age of 16 years.
| ||||||
| 24 | (j) 1. In the event the injured employee receives benefits,
| ||||||
| 25 | including medical, surgical or hospital benefits under any | ||||||
| 26 | group plan
covering non-occupational disabilities contributed | ||||||
| |||||||
| |||||||
| 1 | to wholly or
partially by the employer, which benefits should | ||||||
| 2 | not have been payable
if any rights of recovery existed under | ||||||
| 3 | this Act, then such amounts so
paid to the employee from any | ||||||
| 4 | such group plan as shall be consistent
with, and limited to, | ||||||
| 5 | the provisions of paragraph 2 hereof, shall be
credited to or | ||||||
| 6 | against any compensation payment for temporary total
| ||||||
| 7 | incapacity for work or any medical, surgical or hospital | ||||||
| 8 | benefits made
or to be made under this Act. In such event, the | ||||||
| 9 | period of time for
giving notice of accidental injury and | ||||||
| 10 | filing application for adjustment
of claim does not commence to | ||||||
| 11 | run until the termination of such
payments. This paragraph does | ||||||
| 12 | not apply to payments made under any
group plan which would | ||||||
| 13 | have been payable irrespective of an accidental
injury under | ||||||
| 14 | this Act. Any employer receiving such credit shall keep
such | ||||||
| 15 | employee safe and harmless from any and all claims or | ||||||
| 16 | liabilities
that may be made against him by reason of having | ||||||
| 17 | received such payments
only to the extent of such credit.
| ||||||
| 18 | Any excess benefits paid to or on behalf of a State | ||||||
| 19 | employee by the
State Employees' Retirement System under | ||||||
| 20 | Article 14 of the Illinois Pension
Code on a death claim or | ||||||
| 21 | disputed disability claim shall be credited
against any | ||||||
| 22 | payments made or to be made by the State of Illinois to or on
| ||||||
| 23 | behalf of such employee under this Act, except for payments for | ||||||
| 24 | medical
expenses which have already been incurred at the time | ||||||
| 25 | of the award. The
State of Illinois shall directly reimburse | ||||||
| 26 | the State Employees' Retirement
System to the extent of such | ||||||
| |||||||
| |||||||
| 1 | credit.
| ||||||
| 2 | 2. Nothing contained in this Act shall be construed to give | ||||||
| 3 | the
employer or the insurance carrier the right to credit for | ||||||
| 4 | any benefits
or payments received by the employee other than | ||||||
| 5 | compensation payments
provided by this Act, and where the | ||||||
| 6 | employee receives payments other
than compensation payments, | ||||||
| 7 | whether as full or partial salary, group
insurance benefits, | ||||||
| 8 | bonuses, annuities or any other payments, the
employer or | ||||||
| 9 | insurance carrier shall receive credit for each such payment
| ||||||
| 10 | only to the extent of the compensation that would have been | ||||||
| 11 | payable
during the period covered by such payment.
| ||||||
| 12 | 3. The extension of time for the filing of an Application | ||||||
| 13 | for
Adjustment of Claim as provided in paragraph 1 above shall | ||||||
| 14 | not apply to
those cases where the time for such filing had | ||||||
| 15 | expired prior to the date
on which payments or benefits | ||||||
| 16 | enumerated herein have been initiated or
resumed. Provided | ||||||
| 17 | however that this paragraph 3 shall apply only to
cases wherein | ||||||
| 18 | the payments or benefits hereinabove enumerated shall be
| ||||||
| 19 | received after July 1, 1969.
| ||||||
| 20 | 4. If payment for medical services that should be a | ||||||
| 21 | compensable medical benefit under this Section is made by the | ||||||
| 22 | employee, the employee's health benefit plan, or the Department | ||||||
| 23 | of Healthcare and Family Services, then the payments made by | ||||||
| 24 | the employee, the employee's health benefit plan, or the | ||||||
| 25 | Department of Healthcare and Family Services shall be | ||||||
| 26 | reimbursed by the employer or workers' compensation insurer. | ||||||
| |||||||
| |||||||
| 1 | The employee, the Department of Healthcare and Family | ||||||
| 2 | Services, or the health benefit plan that made such payments | ||||||
| 3 | shall have 24 months from the latter of the date of payment or | ||||||
| 4 | the date the case is ruled compensable to file a request for | ||||||
| 5 | reimbursement. Such a request shall not be subject to the | ||||||
| 6 | billing rules of the Commission that apply to original provider | ||||||
| 7 | invoices and reports. The request for reimbursement need not | ||||||
| 8 | contain original provider invoices. A written summary of | ||||||
| 9 | services paid is adequate, so long as it includes: | ||||||
| 10 | (A) the injured worker's name, address, and date of | ||||||
| 11 | birth; | ||||||
| 12 | (B) the date of the compensable injury; | ||||||
| 13 | (C) the provider of service with address; | ||||||
| 14 | (D) ICD-9 codes; | ||||||
| 15 | (E) quantity and type of service paid by CPT code, | ||||||
| 16 | revenue code, or HCPCS code; | ||||||
| 17 | (F) date of each service; and | ||||||
| 18 | (G) amounts charged and paid by service. | ||||||
| 19 | The employee, the health benefit plan, or the Department of | ||||||
| 20 | Healthcare and Family Services is not responsible to provide | ||||||
| 21 | medical records if requested by the employer or the workers' | ||||||
| 22 | compensation insurer. | ||||||
| 23 | The employer or carrier may object to the reimbursement on | ||||||
| 24 | the grounds that: | ||||||
| 25 | (i) the employer had previously paid the provider for | ||||||
| 26 | the same service; | ||||||
| |||||||
| |||||||
| 1 | (ii) the service paid was not related to the | ||||||
| 2 | compensable injury; | ||||||
| 3 | (iii) the service had previously been reviewed and | ||||||
| 4 | found to be medically unnecessary; | ||||||
| 5 | (iv) the injury in question had been denied as | ||||||
| 6 | non-compensable; or | ||||||
| 7 | (v) the case in question is not the responsibility of | ||||||
| 8 | the carrier receiving the reimbursement request. | ||||||
| 9 | A request for reimbursement shall receive payment or a | ||||||
| 10 | written response explaining any objections within 75 days after | ||||||
| 11 | receipt of the request by the employer or carrier. | ||||||
| 12 | If, after 75 days, the requestor has received no response | ||||||
| 13 | or has been denied for reasons that the employee or health | ||||||
| 14 | benefit plan or the Department of Healthcare and Family | ||||||
| 15 | Services deems inappropriate, the dispute may be submitted to | ||||||
| 16 | arbitration at the initial expense of the employee or health | ||||||
| 17 | benefit plan. If the requesting party is upheld by the | ||||||
| 18 | arbitrator, in whole or in part, the costs of the arbitration | ||||||
| 19 | proceedings shall be included with the amount to be reimbursed | ||||||
| 20 | by the employer or workers' compensation carrier and payment | ||||||
| 21 | shall be made within 20 days after the arbitration decision. | ||||||
| 22 | (Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; 97-813, | ||||||
| 23 | eff. 7-13-12.)
| ||||||
| 24 | (820 ILCS 305/17) (from Ch. 48, par. 138.17)
| ||||||
| 25 | Sec. 17. The Commission shall cause to be printed and | ||||||
| |||||||
| |||||||
| 1 | furnish free of
charge upon request by any employer or employee | ||||||
| 2 | such blank forms as may
facilitate or promote efficient | ||||||
| 3 | administration and the performance of
the duties of the | ||||||
| 4 | Commission. It shall provide a proper record in which
shall be | ||||||
| 5 | entered and indexed the name of any employer who shall file a
| ||||||
| 6 | notice of declination or withdrawal under this Act, and the | ||||||
| 7 | date of the
filing thereof; and a proper record in which shall | ||||||
| 8 | be entered and
indexed the name of any employee who shall file | ||||||
| 9 | such notice of
declination or withdrawal, and the date of the | ||||||
| 10 | filing thereof; and such
other notices as may be required by | ||||||
| 11 | this Act; and records in which shall
be recorded all | ||||||
| 12 | proceedings, orders and awards had or made by the
Commission or | ||||||
| 13 | by the arbitration committees, and such other books or
records | ||||||
| 14 | as it shall deem
necessary, all such records to be kept in the
| ||||||
| 15 | office of the Commission.
| ||||||
| 16 | The Commission may destroy all papers and documents which | ||||||
| 17 | have been
on file for more than 5 years where there is no claim | ||||||
| 18 | for compensation
pending or where more than 2 years have | ||||||
| 19 | elapsed since the termination of
the compensation period.
| ||||||
| 20 | The Commission shall compile and distribute to interested | ||||||
| 21 | persons aggregate
statistics, taken from any records and | ||||||
| 22 | reports in the possession of the
Commission. Except as | ||||||
| 23 | authorized in Sections 8 and 17.1, the The aggregate statistics | ||||||
| 24 | shall not give the names or otherwise
identify persons | ||||||
| 25 | sustaining injuries or disabilities or the employer of
any | ||||||
| 26 | injured or disabled person.
| ||||||
| |||||||
| |||||||
| 1 | The Commission is authorized to establish reasonable fees | ||||||
| 2 | and methods
of payment limited to covering only the costs to | ||||||
| 3 | the Commission for processing,
maintaining and generating | ||||||
| 4 | records or data necessary for the computerized
production of | ||||||
| 5 | documents, records and other materials except to the extent
of | ||||||
| 6 | any salaries or compensation of Commission officers or | ||||||
| 7 | employees.
| ||||||
| 8 | All fees collected by the Commission under this Section | ||||||
| 9 | shall be deposited
in the Statistical Services Revolving Fund | ||||||
| 10 | and credited to the account of
the Illinois Workers' | ||||||
| 11 | Compensation Commission.
| ||||||
| 12 | (Source: P.A. 93-721, eff. 1-1-05.)
| ||||||
| 13 | (820 ILCS 305/17.1 new) | ||||||
| 14 | Sec. 17.1. Information to be shared with health benefit | ||||||
| 15 | plans and the Department of Healthcare and Family Services. | ||||||
| 16 | (a) The Commission shall establish a program to provide | ||||||
| 17 | limited workers' compensation case information to health | ||||||
| 18 | benefit plans providing accident, health, or disability | ||||||
| 19 | insurance benefits to residents of the State and to the | ||||||
| 20 | Department of Healthcare and Family Services. The provisions of | ||||||
| 21 | this Section apply to health benefit plans subject to the State | ||||||
| 22 | Employees Group Insurance Act of 1971, to medical assistance | ||||||
| 23 | programs administered by the Department of Healthcare and | ||||||
| 24 | Family Services, and to health benefit and insurance plans | ||||||
| 25 | operating under the Employee Retirement Income Security Act of | ||||||
| |||||||
| |||||||
| 1 | 1974. A health benefit plan shall also include an appropriately | ||||||
| 2 | contracted agent or business associate of an eligible health | ||||||
| 3 | benefit plan. | ||||||
| 4 | (b) The Commission program shall offer either (1) a | ||||||
| 5 | quarterly abstract of all new cases initiated in the Commission | ||||||
| 6 | files or (2) a data match of health benefit plan member | ||||||
| 7 | identities to the Commission's claimant records on file in the | ||||||
| 8 | Commission's electronic case records. The Chairman of the | ||||||
| 9 | Illinois Workers' Compensation Commission is authorized to | ||||||
| 10 | select the most cost-effective approach. The Commission is | ||||||
| 11 | authorized to charge a fee to participating health benefit | ||||||
| 12 | plans to cover the direct costs of creating and operating the | ||||||
| 13 | program. The Department of Healthcare and Family Services and | ||||||
| 14 | the program of benefits under the State Employees Group | ||||||
| 15 | Insurance Act of 1971 shall be exempted from the program | ||||||
| 16 | participation fee. | ||||||
| 17 | (c) The Commission is hereby authorized to provide a | ||||||
| 18 | limited set of workers' compensation case record elements to a | ||||||
| 19 | participating health benefit plan to which a claimant belongs | ||||||
| 20 | or has belonged or to the Department of Healthcare and Family | ||||||
| 21 | Services for any individuals receiving services through a | ||||||
| 22 | program administered by the Department of Healthcare and Family | ||||||
| 23 | Services. This approved data set shall include at least the | ||||||
| 24 | following elements: | ||||||
| 25 | (1) the claimant's name and address; | ||||||
| 26 | (2) the claimant's date of birth; | ||||||
| |||||||
| |||||||
| 1 | (3) the claimant's gender; | ||||||
| 2 | (4) the claimant's Social Security number, if | ||||||
| 3 | available; | ||||||
| 4 | (5) the Commission case number for each case involving | ||||||
| 5 | the identified claimant; and | ||||||
| 6 | (6) for each case identified by case number: | ||||||
| 7 | (A) the date of the injury or illness; | ||||||
| 8 | (B) the nature of the injury or illness; | ||||||
| 9 | (C) the body parts affected; | ||||||
| 10 | (D) the employer of record on the date of injury or | ||||||
| 11 | illness, with contact information; | ||||||
| 12 | (E) the workers' compensation carrier responsible | ||||||
| 13 | for the case, with contact information; and | ||||||
| 14 | (F) the formal case status as coded by the | ||||||
| 15 | Commission, including codes for: | ||||||
| 16 | (i) accepted as compensable; | ||||||
| 17 | (ii) denied and appealed or ruled compensable | ||||||
| 18 | (date of ruling); | ||||||
| 19 | (iii) settled or compromised with date of | ||||||
| 20 | settlement if available; and | ||||||
| 21 | (iv) other status categories. | ||||||
| 22 | (d) A health benefit plan or the Department of Healthcare | ||||||
| 23 | and Family Services seeking to participate in the program shall | ||||||
| 24 | execute a participation agreement with the Commission that | ||||||
| 25 | details the terms of participation, including the permissible | ||||||
| 26 | uses of the data, user fees to be paid by the health benefit | ||||||
| |||||||
| |||||||
| 1 | plan, data confidentiality, and data security provisions of the | ||||||
| 2 | program. | ||||||
| 3 | (e) The case information provided by the Commission to the | ||||||
| 4 | health benefit plan or the Department of Healthcare and Family | ||||||
| 5 | Services shall be treated as personal health information | ||||||
| 6 | subject to all the confidentiality and data security | ||||||
| 7 | protections required by Health Insurance Portability and | ||||||
| 8 | Accountability Act of 1996 (HIPAA) and other State or federal | ||||||
| 9 | laws. Disclosure of the case information set forth in | ||||||
| 10 | subsections (b) and (c) to a participating health benefit plan | ||||||
| 11 | and the Department of Healthcare and Family Services is | ||||||
| 12 | explicitly recognized to be an approved exception to the | ||||||
| 13 | provisions of Section 17 and subsection (b) of Section 6. | ||||||
| 14 | (f) This Section is authorizing the provision of case | ||||||
| 15 | information to allow health benefit plans or the Department of | ||||||
| 16 | Healthcare and Family Services to recognize the existence of | ||||||
| 17 | workers' compensation cases and to coordinate their coverage of | ||||||
| 18 | medical care services with the workers' compensation system. | ||||||
| 19 | The disclosed case information shall not be used for any other | ||||||
| 20 | purpose.
| ||||||
| 21 | ARTICLE 11. | ||||||
| 22 | Section 11-5. The Illinois Public Aid Code is amended by | ||||||
| 23 | changing Section 11-5.3 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (305 ILCS 5/11-5.3) | ||||||
| 2 | Sec. 11-5.3. Procurement of vendor to verify eligibility | ||||||
| 3 | for assistance under Article V. | ||||||
| 4 | (a) No later than 60 days after the effective date of this | ||||||
| 5 | amendatory Act of the 97th General Assembly, the Chief | ||||||
| 6 | Procurement Officer for General Services, in consultation with | ||||||
| 7 | the Department of Healthcare and Family Services, shall conduct | ||||||
| 8 | and complete any procurement necessary to procure a vendor to | ||||||
| 9 | verify eligibility for assistance under Article V of this Code. | ||||||
| 10 | Such authority shall include procuring a vendor to assist the | ||||||
| 11 | Chief Procurement Officer in conducting the procurement. The | ||||||
| 12 | Chief Procurement Officer and the Department shall jointly | ||||||
| 13 | negotiate final contract terms with a vendor selected by the | ||||||
| 14 | Chief Procurement Officer. Within 30 days of selection of an | ||||||
| 15 | eligibility verification vendor, the Department of Healthcare | ||||||
| 16 | and Family Services shall enter into a contract with the | ||||||
| 17 | selected vendor. The Department of Healthcare and Family | ||||||
| 18 | Services and the Department of Human Services shall cooperate | ||||||
| 19 | with and provide any information requested by the Chief | ||||||
| 20 | Procurement Officer to conduct the procurement. | ||||||
| 21 | (b) Notwithstanding any other provision of law, any | ||||||
| 22 | procurement or contract necessary to comply with this Section | ||||||
| 23 | shall be exempt from: (i) the Illinois Procurement Code | ||||||
| 24 | pursuant to Section 1-10(h) of the Illinois Procurement Code, | ||||||
| 25 | except that bidders shall comply with the disclosure | ||||||
| 26 | requirement in Sections 50-10.5(a) through (d), 50-13, 50-35, | ||||||
| |||||||
| |||||||
| 1 | and 50-37 of the Illinois Procurement Code and a vendor awarded | ||||||
| 2 | a contract under this Section shall comply with Section 50-37 | ||||||
| 3 | of the Illinois Procurement Code; (ii) any administrative rules | ||||||
| 4 | of this State pertaining to procurement or contract formation; | ||||||
| 5 | and (iii) any State or Department policies or procedures | ||||||
| 6 | pertaining to procurement, contract formation, contract award, | ||||||
| 7 | and Business Enterprise Program approval. | ||||||
| 8 | (c) Upon becoming operational, the contractor shall | ||||||
| 9 | conduct data matches using the name, date of birth, address, | ||||||
| 10 | and Social Security Number of each applicant and recipient | ||||||
| 11 | against public records to verify eligibility. The contractor, | ||||||
| 12 | upon preliminary determination that an enrollee is eligible or | ||||||
| 13 | ineligible, shall notify the Department, except that the | ||||||
| 14 | contractor shall not make preliminary determinations regarding | ||||||
| 15 | the eligibility of persons residing in long term care | ||||||
| 16 | facilities whose income and resources were at or below the | ||||||
| 17 | applicable financial eligibility standards at the time of their | ||||||
| 18 | last review. Within 20 business days of such notification, the | ||||||
| 19 | Department shall accept the recommendation or reject it with a | ||||||
| 20 | stated reason. The Department shall retain final authority over | ||||||
| 21 | eligibility determinations. The contractor shall keep a record | ||||||
| 22 | of all preliminary determinations of ineligibility | ||||||
| 23 | communicated to the Department. Within 30 days of the end of | ||||||
| 24 | each calendar quarter, the Department and contractor shall file | ||||||
| 25 | a joint report on a quarterly basis to the Governor, the | ||||||
| 26 | Speaker of the House of Representatives, the Minority Leader of | ||||||
| |||||||
| |||||||
| 1 | the House of Representatives, the Senate President, and the | ||||||
| 2 | Senate Minority Leader. The report shall include, but shall not | ||||||
| 3 | be limited to, monthly recommendations of preliminary | ||||||
| 4 | determinations of eligibility or ineligibility communicated by | ||||||
| 5 | the contractor, the actions taken on those preliminary | ||||||
| 6 | determinations by the Department, and the stated reasons for | ||||||
| 7 | those recommendations that the Department rejected. | ||||||
| 8 | (d) An eligibility verification vendor contract shall be | ||||||
| 9 | awarded for an initial 2-year period with up to a maximum of 2 | ||||||
| 10 | one-year renewal options. Nothing in this Section shall compel | ||||||
| 11 | the award of a contract to a vendor that fails to meet the | ||||||
| 12 | needs of the Department. A contract with a vendor to assist in | ||||||
| 13 | the procurement shall be awarded for a period of time not to | ||||||
| 14 | exceed 6 months.
| ||||||
| 15 | (e) The provisions of this Section shall be administered in | ||||||
| 16 | compliance with federal law. | ||||||
| 17 | (Source: P.A. 97-689, eff. 6-14-12.)
| ||||||
| 18 | Section 11-10. The State Finance Act is amended by adding | ||||||
| 19 | Section 5.826 as follows:
| ||||||
| 20 | (30 ILCS 105/5.826 new) | ||||||
| 21 | Sec. 5.826. The Medicaid Research and Education Support | ||||||
| 22 | Fund.
| ||||||
| 23 | Section 11-15. The Illinois Public Aid Code is amended by | ||||||
| |||||||
| |||||||
| 1 | adding Sections 5-5e.2, 5-31, and 5-32 as follows:
| ||||||
| 2 | (305 ILCS 5/5-5e.2 new) | ||||||
| 3 | Sec. 5-5e.2. Academic medical centers and major teaching | ||||||
| 4 | hospital status. | ||||||
| 5 | (a) Hospitals dedicated to medical research and medical | ||||||
| 6 | education shall be classified each State fiscal year in 3 tiers | ||||||
| 7 | based on specific criteria: | ||||||
| 8 | (1) Tier I. A private academic medical center must: | ||||||
| 9 | (A) be a hospital located in Illinois which is | ||||||
| 10 | either: | ||||||
| 11 | (i) under common ownership with the college of | ||||||
| 12 | medicine of a non-public college or university; | ||||||
| 13 | (ii) a freestanding hospital in which the | ||||||
| 14 | majority of the clinical chiefs of service or | ||||||
| 15 | clinical department chairs are department chairmen | ||||||
| 16 | in an affiliated non-public Illinois medical | ||||||
| 17 | school; or | ||||||
| 18 | (iii) a children's hospital which is | ||||||
| 19 | separately incorporated and non-integrated into | ||||||
| 20 | the academic medical center hospital but which is | ||||||
| 21 | the pediatric partner for an academic medical | ||||||
| 22 | center hospital and which serves as the primary | ||||||
| 23 | teaching hospital for pediatrics for its | ||||||
| 24 | affiliated Illinois medical school. A hospital | ||||||
| 25 | identified herein is deemed to meet the additional | ||||||
| |||||||
| |||||||
| 1 | Tier I criteria if its partner academic medical | ||||||
| 2 | center hospital meets the Tier I criteria; | ||||||
| 3 | (B) serve as the training site for at least 30 | ||||||
| 4 | graduate medical education programs accredited by | ||||||
| 5 | Accreditation Council for Graduate Medical Education; | ||||||
| 6 | (C) facilitate the training on its campus or on | ||||||
| 7 | affiliated off-campus sites no less than 500 medical | ||||||
| 8 | students, interns, residents, and fellows during the | ||||||
| 9 | calendar year preceding the beginning of the State | ||||||
| 10 | fiscal year; | ||||||
| 11 | (D) perform, either itself or through its | ||||||
| 12 | affiliated university, at least $12,000,000 in medical | ||||||
| 13 | research funded through grants or contracts from the | ||||||
| 14 | National Institutes for Health either directly or, | ||||||
| 15 | with respect to hospitals described in item (ii) of | ||||||
| 16 | subparagraph (A) of this paragraph, have as its | ||||||
| 17 | affiliated non-public Illinois medical school a | ||||||
| 18 | medical school that performs either itself or through | ||||||
| 19 | its affiliated University medical research funded | ||||||
| 20 | using at least $12,000,000 in grants or contracts from | ||||||
| 21 | the National Institutes of Health; and | ||||||
| 22 | (E) expend directly or indirectly through an | ||||||
| 23 | affiliated non-public medical school or as part of a | ||||||
| 24 | hospital system as defined in paragraph (4) of | ||||||
| 25 | subsection (h) of Section 3-8 of the Service Use Tax | ||||||
| 26 | Act no less than $5,000,000 toward medical research | ||||||
| |||||||
| |||||||
| 1 | during the calendar year preceding the beginning of the | ||||||
| 2 | State fiscal year. | ||||||
| 3 | (2) Tier II. A public academic medical center must: | ||||||
| 4 | (A) be a hospital located in Illinois which is a | ||||||
| 5 | primary teaching hospital affiliated with; | ||||||
| 6 | (i) University of Illinois School of Medicine | ||||||
| 7 | at Chicago; or | ||||||
| 8 | (ii) University of Illinois School of Medicine | ||||||
| 9 | at Peoria; or | ||||||
| 10 | (iii) University of Illinois School of | ||||||
| 11 | Medicine at Rockford; or | ||||||
| 12 | (iv) University of Illinois School of Medicine | ||||||
| 13 | at Urbana; or | ||||||
| 14 | (v) Southern Illinois University School of | ||||||
| 15 | Medicine in Springfield; and | ||||||
| 16 | (B) contribute no less than $2,500,000 toward | ||||||
| 17 | medical research during the calendar year preceding | ||||||
| 18 | the beginning of the State fiscal year. | ||||||
| 19 | (3) Tier III. A major teaching hospital must: | ||||||
| 20 | (A) be an Illinois hospital with 100 or more | ||||||
| 21 | interns and residents or with a ratio of interns and | ||||||
| 22 | residents to beds greater than or equal to 0.25; and | ||||||
| 23 | (B) support at least one graduate medical | ||||||
| 24 | education program accredited by Accreditation Council | ||||||
| 25 | for Graduate Medical Education. | ||||||
| 26 | (b) All hospitals seeking to qualify for Tier I, Tier II, | ||||||
| |||||||
| |||||||
| 1 | or Tier III recognition must annually submit a report to the | ||||||
| 2 | Department with supporting documentation and attesting to | ||||||
| 3 | meeting the requirements in this Section. Such reporting must | ||||||
| 4 | also describe each hospital's education and research | ||||||
| 5 | activities for the preceding year.
| ||||||
| 6 | (305 ILCS 5/5-31 new) | ||||||
| 7 | Sec. 5-31. Medicaid Research and Education Support Fund. | ||||||
| 8 | (a) There is created in the State treasury the Medicaid | ||||||
| 9 | Research and Education Support Fund. Interest earned by the | ||||||
| 10 | Fund shall be credited to the Fund. The Fund shall not be used | ||||||
| 11 | to replace any moneys appropriated to the Medicaid program by | ||||||
| 12 | the General Assembly. | ||||||
| 13 | (b) The Fund is created for the purpose of receiving | ||||||
| 14 | moneys, donations, and grants from private and public colleges | ||||||
| 15 | and universities and disbursing moneys only for the following | ||||||
| 16 | purposes, notwithstanding any other provision of law, for | ||||||
| 17 | making payments to hospitals as required under Section 5-32 of | ||||||
| 18 | this Code and any amounts which are reimbursable to the federal | ||||||
| 19 | government for payments from this Fund which are required to be | ||||||
| 20 | paid by State warrant. | ||||||
| 21 | Disbursements from the Fund shall be by warrants drawn by | ||||||
| 22 | the State Comptroller upon receipt of vouchers duly executed | ||||||
| 23 | and certified by the Illinois Department. | ||||||
| 24 | (c) The Fund shall consist of the following: | ||||||
| 25 | (1) All moneys collected or received by the Illinois | ||||||
| |||||||
| |||||||
| 1 | Department from donations and grants from private and | ||||||
| 2 | public colleges and universities. | ||||||
| 3 | (2) All federal matching funds received by the Illinois | ||||||
| 4 | Department as a result of expenditures made by the Illinois | ||||||
| 5 | Department that are attributable to moneys deposited in the | ||||||
| 6 | Fund. | ||||||
| 7 | (3) Any interest or penalty levied in conjunction with | ||||||
| 8 | the administration of this Section. | ||||||
| 9 | (4) Moneys transferred from another fund in the State | ||||||
| 10 | treasury. | ||||||
| 11 | (5) All other moneys received for the Fund from any | ||||||
| 12 | other source, including interest earned thereon. | ||||||
| 13 | (d) Interfund transfers from the Medicaid Research and | ||||||
| 14 | Education Support Fund are prohibited.
| ||||||
| 15 | (305 ILCS 5/5-32 new) | ||||||
| 16 | Sec. 5-32. Medicaid research and education enhancement | ||||||
| 17 | payments. | ||||||
| 18 | (a) The Department shall make Medicaid enhancement | ||||||
| 19 | payments to Tier I and Tier II academic medical centers as | ||||||
| 20 | defined in Section 5-5e.2 of this Code identified as primary | ||||||
| 21 | affiliates by any university or college that makes a donation | ||||||
| 22 | to the Medicaid Research and Education Support Fund. | ||||||
| 23 | (b) By April 30 of each year a university or college that | ||||||
| 24 | intends to make a donation to the Medicaid Research and | ||||||
| 25 | Education Support Fund for the upcoming State fiscal year must | ||||||
| |||||||
| |||||||
| 1 | notify the Department of this intent and identify a primary | ||||||
| 2 | Tier I or Tier II academic medical center as defined in Section | ||||||
| 3 | 5-5e.2 of this Code. | ||||||
| 4 | (c) Only Tier I and Tier II academic medical centers as | ||||||
| 5 | defined in Section 5-5e.2 of this Code identified by a | ||||||
| 6 | university or college as required under subsection (b) of this | ||||||
| 7 | Section are eligible to receive payments under this Section. | ||||||
| 8 | Hospitals defined in Section 5-5e.1 of this Code are not | ||||||
| 9 | qualified to receive payments under this Section. | ||||||
| 10 | (d) Reimbursement methodology. The Department shall | ||||||
| 11 | develop a reimbursement methodology consistent with this | ||||||
| 12 | Section for distribution of moneys from the funds in a manner | ||||||
| 13 | that would allow distributions from these funds to be matchable | ||||||
| 14 | under Title XIX of the Social Security Act. The Department may | ||||||
| 15 | enhance payment rates to any combination of Medicaid inpatient | ||||||
| 16 | or outpatient Medicaid services. The Department may enhance | ||||||
| 17 | Medicaid physician services for physicians employed by Tier I | ||||||
| 18 | or Tier II academic medical centers as defined in Section | ||||||
| 19 | 5-5e.2 of this Code qualified to receive payment under this | ||||||
| 20 | Section if the Department and the Tier I or Tier II academic | ||||||
| 21 | medical centers as defined in Section 5-5e.2 of this Code agree | ||||||
| 22 | prior to the start of the State fiscal year for which payments | ||||||
| 23 | are made. The Department shall promulgate rules necessary to | ||||||
| 24 | make these distributions matchable. | ||||||
| 25 | (e) The Department of Healthcare and Family Services must | ||||||
| 26 | submit a State Medicaid Plan Amendment to the Centers for | ||||||
| |||||||
| |||||||
| 1 | Medicare and Medicaid Services to implement the payments under | ||||||
| 2 | this Section within 60 days of the effective date of this | ||||||
| 3 | amendatory Act of the 98th General Assembly. | ||||||
| 4 | (f) Reimbursements or payments by the State. Nothing in | ||||||
| 5 | this Section may be used to reduce reimbursements or payments | ||||||
| 6 | by the State to a hospital under any other Act.
| ||||||
| 7 | Section 11-20. The Illinois Public Aid Code is amended by | ||||||
| 8 | changing Section 5-30 as follows:
| ||||||
| 9 | (305 ILCS 5/5-30) | ||||||
| 10 | Sec. 5-30. Care coordination. | ||||||
| 11 | (a) At least 50% of recipients eligible for comprehensive | ||||||
| 12 | medical benefits in all medical assistance programs or other | ||||||
| 13 | health benefit programs administered by the Department, | ||||||
| 14 | including the Children's Health Insurance Program Act and the | ||||||
| 15 | Covering ALL KIDS Health Insurance Act, shall be enrolled in a | ||||||
| 16 | care coordination program by no later than January 1, 2015. For | ||||||
| 17 | purposes of this Section, "coordinated care" or "care | ||||||
| 18 | coordination" means delivery systems where recipients will | ||||||
| 19 | receive their care from providers who participate under | ||||||
| 20 | contract in integrated delivery systems that are responsible | ||||||
| 21 | for providing or arranging the majority of care, including | ||||||
| 22 | primary care physician services, referrals from primary care | ||||||
| 23 | physicians, diagnostic and treatment services, behavioral | ||||||
| 24 | health services, in-patient and outpatient hospital services, | ||||||
| |||||||
| |||||||
| 1 | dental services, and rehabilitation and long-term care | ||||||
| 2 | services. The Department shall designate or contract for such | ||||||
| 3 | integrated delivery systems (i) to ensure enrollees have a | ||||||
| 4 | choice of systems and of primary care providers within such | ||||||
| 5 | systems; (ii) to ensure that enrollees receive quality care in | ||||||
| 6 | a culturally and linguistically appropriate manner; and (iii) | ||||||
| 7 | to ensure that coordinated care programs meet the diverse needs | ||||||
| 8 | of enrollees with developmental, mental health, physical, and | ||||||
| 9 | age-related disabilities. | ||||||
| 10 | (b) Payment for such coordinated care shall be based on | ||||||
| 11 | arrangements where the State pays for performance related to | ||||||
| 12 | health care outcomes, the use of evidence-based practices, the | ||||||
| 13 | use of primary care delivered through comprehensive medical | ||||||
| 14 | homes, the use of electronic medical records, and the | ||||||
| 15 | appropriate exchange of health information electronically made | ||||||
| 16 | either on a capitated basis in which a fixed monthly premium | ||||||
| 17 | per recipient is paid and full financial risk is assumed for | ||||||
| 18 | the delivery of services, or through other risk-based payment | ||||||
| 19 | arrangements. | ||||||
| 20 | (c) To qualify for compliance with this Section, the 50% | ||||||
| 21 | goal shall be achieved by enrolling medical assistance | ||||||
| 22 | enrollees from each medical assistance enrollment category, | ||||||
| 23 | including parents, children, seniors, and people with | ||||||
| 24 | disabilities to the extent that current State Medicaid payment | ||||||
| 25 | laws would not limit federal matching funds for recipients in | ||||||
| 26 | care coordination programs. In addition, services must be more | ||||||
| |||||||
| |||||||
| 1 | comprehensively defined and more risk shall be assumed than in | ||||||
| 2 | the Department's primary care case management program as of the | ||||||
| 3 | effective date of this amendatory Act of the 96th General | ||||||
| 4 | Assembly. | ||||||
| 5 | (d) The Department shall report to the General Assembly in | ||||||
| 6 | a separate part of its annual medical assistance program | ||||||
| 7 | report, beginning April, 2012 until April, 2016, on the | ||||||
| 8 | progress and implementation of the care coordination program | ||||||
| 9 | initiatives established by the provisions of this amendatory | ||||||
| 10 | Act of the 96th General Assembly. The Department shall include | ||||||
| 11 | in its April 2011 report a full analysis of federal laws or | ||||||
| 12 | regulations regarding upper payment limitations to providers | ||||||
| 13 | and the necessary revisions or adjustments in rate | ||||||
| 14 | methodologies and payments to providers under this Code that | ||||||
| 15 | would be necessary to implement coordinated care with full | ||||||
| 16 | financial risk by a party other than the Department.
| ||||||
| 17 | (e) Integrated Care Program for individuals with chronic | ||||||
| 18 | mental health conditions. | ||||||
| 19 | (1) The Integrated Care Program shall encompass | ||||||
| 20 | services administered to recipients of medical assistance | ||||||
| 21 | under this Article to prevent exacerbations and | ||||||
| 22 | complications using cost-effective, evidence-based | ||||||
| 23 | practice guidelines and mental health management | ||||||
| 24 | strategies. | ||||||
| 25 | (2) The Department may utilize and expand upon existing | ||||||
| 26 | contractual arrangements with integrated care plans under | ||||||
| |||||||
| |||||||
| 1 | the Integrated Care Program for providing the coordinated | ||||||
| 2 | care provisions of this Section. | ||||||
| 3 | (3) Payment for such coordinated care shall be based on | ||||||
| 4 | arrangements where the State pays for performance related | ||||||
| 5 | to mental health outcomes on a capitated basis in which a | ||||||
| 6 | fixed monthly premium per recipient is paid and full | ||||||
| 7 | financial risk is assumed for the delivery of services, or | ||||||
| 8 | through other risk-based payment arrangements such as | ||||||
| 9 | provider-based care coordination. | ||||||
| 10 | (4) The Department shall examine whether chronic | ||||||
| 11 | mental health management programs and services for | ||||||
| 12 | recipients with specific chronic mental health conditions | ||||||
| 13 | do any or all of the following: | ||||||
| 14 | (A) Improve the patient's overall mental health in | ||||||
| 15 | a more expeditious and cost-effective manner. | ||||||
| 16 | (B) Lower costs in other aspects of the medical | ||||||
| 17 | assistance program, such as hospital admissions, | ||||||
| 18 | emergency room visits, or more frequent and | ||||||
| 19 | inappropriate psychotropic drug use. | ||||||
| 20 | (5) The Department shall work with the facilities and | ||||||
| 21 | any integrated care plan participating in the program to | ||||||
| 22 | identify and correct barriers to the successful | ||||||
| 23 | implementation of this subsection (e) prior to and during | ||||||
| 24 | the implementation to best facilitate the goals and | ||||||
| 25 | objectives of this subsection (e). | ||||||
| 26 | (f) A hospital that is located in a county of the State in | ||||||
| |||||||
| |||||||
| 1 | which the Department mandates some or all of the beneficiaries | ||||||
| 2 | of the Medical Assistance Program residing in the county to | ||||||
| 3 | enroll in a Care Coordination Program, as set forth in Section | ||||||
| 4 | 5-30 of this Code, shall not be eligible for any non-claims | ||||||
| 5 | based payments not mandated by Article V-A of this Code for | ||||||
| 6 | which it would otherwise be qualified to receive, unless the | ||||||
| 7 | hospital is a Coordinated Care Participating Hospital no later | ||||||
| 8 | than 60 days after the effective date of this amendatory Act of | ||||||
| 9 | the 97th General Assembly or 60 days after the first mandatory | ||||||
| 10 | enrollment of a beneficiary in a Coordinated Care program. For | ||||||
| 11 | purposes of this subsection, "Coordinated Care Participating | ||||||
| 12 | Hospital" means a hospital that meets one of the following | ||||||
| 13 | criteria: | ||||||
| 14 | (1) The hospital has entered into a contract to provide | ||||||
| 15 | hospital services to enrollees of the care coordination | ||||||
| 16 | program. | ||||||
| 17 | (2) The hospital has not been offered a contract by a | ||||||
| 18 | care coordination plan that pays at least as much as the | ||||||
| 19 | Department would pay, on a fee-for-service basis, not | ||||||
| 20 | including disproportionate share hospital adjustment | ||||||
| 21 | payments or any other supplemental adjustment or add-on | ||||||
| 22 | payment to the base fee-for-service rate. | ||||||
| 23 | (g) No later than August 1, 2013, the Department shall | ||||||
| 24 | issue a purchase of care solicitation for Accountable Care | ||||||
| 25 | Entities (ACE) to serve any children and parents or caretaker | ||||||
| 26 | relatives of children eligible for medical assistance under | ||||||
| |||||||
| |||||||
| 1 | this Article. An ACE may be a single corporate structure or a | ||||||
| 2 | network of providers organized through contractual | ||||||
| 3 | relationships with a single corporate entity. The solicitation | ||||||
| 4 | shall require that: | ||||||
| 5 | (1) An ACE operating in Cook County be capable of | ||||||
| 6 | serving at least 40,000 eligible individuals in that | ||||||
| 7 | county; an ACE operating in Lake, Kane, DuPage, or Will | ||||||
| 8 | Counties be capable of serving at least 20,000 eligible | ||||||
| 9 | individuals in those counties and an ACE operating in other | ||||||
| 10 | regions of the State be capable of serving at least 10,000 | ||||||
| 11 | eligible individuals in the region in which it operates. | ||||||
| 12 | During initial periods of mandatory enrollment, the | ||||||
| 13 | Department shall require its enrollment services | ||||||
| 14 | contractor to use a default assignment algorithm that | ||||||
| 15 | ensures if possible an ACE reaches the minimum enrollment | ||||||
| 16 | levels set forth in this paragraph. | ||||||
| 17 | (2) An ACE must include at a minimum the following | ||||||
| 18 | types of providers: primary care, specialty care, | ||||||
| 19 | hospitals, and behavioral healthcare. | ||||||
| 20 | (3) An ACE shall have a governance structure that | ||||||
| 21 | includes the major components of the health care delivery | ||||||
| 22 | system, including one representative from each of the | ||||||
| 23 | groups listed in paragraph (2). | ||||||
| 24 | (4) An ACE must be an integrated delivery system, | ||||||
| 25 | including a network able to provide the full range of | ||||||
| 26 | services needed by Medicaid beneficiaries and system | ||||||
| |||||||
| |||||||
| 1 | capacity to securely pass clinical information across | ||||||
| 2 | participating entities and to aggregate and analyze that | ||||||
| 3 | data in order to coordinate care. | ||||||
| 4 | (5) An ACE must be capable of providing both care | ||||||
| 5 | coordination and complex case management, as necessary, to | ||||||
| 6 | beneficiaries. To be responsive to the solicitation, a | ||||||
| 7 | potential ACE must outline its care coordination and | ||||||
| 8 | complex case management model and plan to reduce the cost | ||||||
| 9 | of care. | ||||||
| 10 | (6) In the first 18 months of operation, unless the ACE | ||||||
| 11 | selects a shorter period, an ACE shall be paid care | ||||||
| 12 | coordination fees on a per member per month basis that are | ||||||
| 13 | projected to be cost neutral to the State during the term | ||||||
| 14 | of their payment and, subject to federal approval, be | ||||||
| 15 | eligible to share in additional savings generated by their | ||||||
| 16 | care coordination. | ||||||
| 17 | (7) In months 19 through 36 of operation, unless the | ||||||
| 18 | ACE selects a shorter period, an ACE shall be paid on a | ||||||
| 19 | pre-paid capitation basis for all medical assistance | ||||||
| 20 | covered services, under contract terms similar to Managed | ||||||
| 21 | Care Organizations (MCO), with the Department sharing the | ||||||
| 22 | risk through either stop-loss insurance for extremely high | ||||||
| 23 | cost individuals or corridors of shared risk based on the | ||||||
| 24 | overall cost of the total enrollment in the ACE. The ACE | ||||||
| 25 | shall be responsible for claims processing, encounter data | ||||||
| 26 | submission, utilization control, and quality assurance. | ||||||
| |||||||
| |||||||
| 1 | (8) In the fourth and subsequent years of operation, an | ||||||
| 2 | ACE shall convert to a Managed Care Community Network | ||||||
| 3 | (MCCN), as defined in this Article, or Health Maintenance | ||||||
| 4 | Organization pursuant to the Illinois Insurance Code, | ||||||
| 5 | accepting full-risk capitation payments. | ||||||
| 6 | The Department shall allow potential ACE entities 5 months | ||||||
| 7 | from the date of the posting of the solicitation to submit | ||||||
| 8 | proposals. After the solicitation is released, in addition to | ||||||
| 9 | the MCO rate development data available on the Department's | ||||||
| 10 | website, subject to federal and State confidentiality and | ||||||
| 11 | privacy laws and regulations, the Department shall provide 2 | ||||||
| 12 | years of de-identified summary service data on the targeted | ||||||
| 13 | population, split between children and adults, showing the | ||||||
| 14 | historical type and volume of services received and the cost of | ||||||
| 15 | those services to those potential bidders that sign a data use | ||||||
| 16 | agreement. The Department may add up to 2 non-state government | ||||||
| 17 | employees with expertise in creating integrated delivery | ||||||
| 18 | systems to its review team for the purchase of care | ||||||
| 19 | solicitation described in this subsection. Any such | ||||||
| 20 | individuals must sign a no-conflict disclosure and | ||||||
| 21 | confidentiality agreement and agree to act in accordance with | ||||||
| 22 | all applicable State laws. | ||||||
| 23 | During the first 2 years of an ACE's operation, the | ||||||
| 24 | Department shall provide claims data to the ACE on its | ||||||
| 25 | enrollees on a periodic basis no less frequently than monthly. | ||||||
| 26 | Nothing in this subsection shall be construed to limit the | ||||||
| |||||||
| |||||||
| 1 | Department's mandate to enroll 50% of its beneficiaries into | ||||||
| 2 | care coordination systems by January 1, 2015, using all | ||||||
| 3 | available care coordination delivery systems, including Care | ||||||
| 4 | Coordination Entities (CCE), MCCNs, or MCOs, nor be construed | ||||||
| 5 | to affect the current CCEs, MCCNs, and MCOs selected to serve | ||||||
| 6 | seniors and persons with disabilities prior to that date. | ||||||
| 7 | (h) Department contracts with MCOs and other entities | ||||||
| 8 | reimbursed by risk based capitation shall have a minimum | ||||||
| 9 | medical loss ratio of 85%, shall require the MCO or other | ||||||
| 10 | entity to pay claims within 30 days of receiving a bill that | ||||||
| 11 | contains all the essential information needed to adjudicate the | ||||||
| 12 | bill, and shall require the entity to pay a penalty that is at | ||||||
| 13 | least equal to the penalty imposed under the Illinois Insurance | ||||||
| 14 | Code for any claims not paid within this time period. The | ||||||
| 15 | requirements of this subsection shall apply to contracts with | ||||||
| 16 | MCOs entered into or renewed or extended after June 1, 2013. | ||||||
| 17 | (Source: P.A. 96-1501, eff. 1-25-11; 97-689, eff. 6-14-12.)
| ||||||
| 18 | Section 11-25. The Illinois Public Aid Code is amended by | ||||||
| 19 | changing Section 5-5.02 as follows:
| ||||||
| 20 | (305 ILCS 5/5-5.02) (from Ch. 23, par. 5-5.02)
| ||||||
| 21 | Sec. 5-5.02. Hospital reimbursements.
| ||||||
| 22 | (a) Reimbursement to Hospitals; July 1, 1992 through | ||||||
| 23 | September 30, 1992.
Notwithstanding any other provisions of | ||||||
| 24 | this Code or the Illinois
Department's Rules promulgated under | ||||||
| |||||||
| |||||||
| 1 | the Illinois Administrative Procedure
Act, reimbursement to | ||||||
| 2 | hospitals for services provided during the period
July 1, 1992 | ||||||
| 3 | through September 30, 1992, shall be as follows:
| ||||||
| 4 | (1) For inpatient hospital services rendered, or if | ||||||
| 5 | applicable, for
inpatient hospital discharges occurring, | ||||||
| 6 | on or after July 1, 1992 and on
or before September 30, | ||||||
| 7 | 1992, the Illinois Department shall reimburse
hospitals | ||||||
| 8 | for inpatient services under the reimbursement | ||||||
| 9 | methodologies in
effect for each hospital, and at the | ||||||
| 10 | inpatient payment rate calculated for
each hospital, as of | ||||||
| 11 | June 30, 1992. For purposes of this paragraph,
| ||||||
| 12 | "reimbursement methodologies" means all reimbursement | ||||||
| 13 | methodologies that
pertain to the provision of inpatient | ||||||
| 14 | hospital services, including, but not
limited to, any | ||||||
| 15 | adjustments for disproportionate share, targeted access,
| ||||||
| 16 | critical care access and uncompensated care, as defined by | ||||||
| 17 | the Illinois
Department on June 30, 1992.
| ||||||
| 18 | (2) For the purpose of calculating the inpatient | ||||||
| 19 | payment rate for each
hospital eligible to receive | ||||||
| 20 | quarterly adjustment payments for targeted
access and | ||||||
| 21 | critical care, as defined by the Illinois Department on | ||||||
| 22 | June 30,
1992, the adjustment payment for the period July | ||||||
| 23 | 1, 1992 through September
30, 1992, shall be 25% of the | ||||||
| 24 | annual adjustment payments calculated for
each eligible | ||||||
| 25 | hospital, as of June 30, 1992. The Illinois Department | ||||||
| 26 | shall
determine by rule the adjustment payments for | ||||||
| |||||||
| |||||||
| 1 | targeted access and critical
care beginning October 1, | ||||||
| 2 | 1992.
| ||||||
| 3 | (3) For the purpose of calculating the inpatient | ||||||
| 4 | payment rate for each
hospital eligible to receive | ||||||
| 5 | quarterly adjustment payments for
uncompensated care, as | ||||||
| 6 | defined by the Illinois Department on June 30, 1992,
the | ||||||
| 7 | adjustment payment for the period August 1, 1992 through | ||||||
| 8 | September 30,
1992, shall be one-sixth of the total | ||||||
| 9 | uncompensated care adjustment payments
calculated for each | ||||||
| 10 | eligible hospital for the uncompensated care rate year,
as | ||||||
| 11 | defined by the Illinois Department, ending on July 31, | ||||||
| 12 | 1992. The
Illinois Department shall determine by rule the | ||||||
| 13 | adjustment payments for
uncompensated care beginning | ||||||
| 14 | October 1, 1992.
| ||||||
| 15 | (b) Inpatient payments. For inpatient services provided on | ||||||
| 16 | or after October
1, 1993, in addition to rates paid for | ||||||
| 17 | hospital inpatient services pursuant to
the Illinois Health | ||||||
| 18 | Finance Reform Act, as now or hereafter amended, or the
| ||||||
| 19 | Illinois Department's prospective reimbursement methodology, | ||||||
| 20 | or any other
methodology used by the Illinois Department for | ||||||
| 21 | inpatient services, the
Illinois Department shall make | ||||||
| 22 | adjustment payments, in an amount calculated
pursuant to the | ||||||
| 23 | methodology described in paragraph (c) of this Section, to
| ||||||
| 24 | hospitals that the Illinois Department determines satisfy any | ||||||
| 25 | one of the
following requirements:
| ||||||
| 26 | (1) Hospitals that are described in Section 1923 of the | ||||||
| |||||||
| |||||||
| 1 | federal Social
Security Act, as now or hereafter amended, | ||||||
| 2 | except that for rate year 2015 and after a hospital | ||||||
| 3 | described in Section 1923(b)(1)(B) of the federal Social | ||||||
| 4 | Security Act and qualified for the payments described in | ||||||
| 5 | subsection (c) of this Section for rate year 2014 provided | ||||||
| 6 | the hospital continues to meet the description in Section | ||||||
| 7 | 1923(b)(1)(B) in the current determination year; or
| ||||||
| 8 | (2) Illinois hospitals that have a Medicaid inpatient | ||||||
| 9 | utilization
rate which is at least one-half a standard | ||||||
| 10 | deviation above the mean Medicaid
inpatient utilization | ||||||
| 11 | rate for all hospitals in Illinois receiving Medicaid
| ||||||
| 12 | payments from the Illinois Department; or
| ||||||
| 13 | (3) Illinois hospitals that on July 1, 1991 had a | ||||||
| 14 | Medicaid inpatient
utilization rate, as defined in | ||||||
| 15 | paragraph (h) of this Section,
that was at least the mean | ||||||
| 16 | Medicaid inpatient utilization rate for all
hospitals in | ||||||
| 17 | Illinois receiving Medicaid payments from the Illinois
| ||||||
| 18 | Department and which were located in a planning area with | ||||||
| 19 | one-third or
fewer excess beds as determined by the Health | ||||||
| 20 | Facilities and Services Review Board, and that, as of June | ||||||
| 21 | 30, 1992, were located in a federally
designated Health | ||||||
| 22 | Manpower Shortage Area; or
| ||||||
| 23 | (4) Illinois hospitals that:
| ||||||
| 24 | (A) have a Medicaid inpatient utilization rate | ||||||
| 25 | that is at least
equal to the mean Medicaid inpatient | ||||||
| 26 | utilization rate for all hospitals in
Illinois | ||||||
| |||||||
| |||||||
| 1 | receiving Medicaid payments from the Department; and
| ||||||
| 2 | (B) also have a Medicaid obstetrical inpatient | ||||||
| 3 | utilization
rate that is at least one standard | ||||||
| 4 | deviation above the mean Medicaid
obstetrical | ||||||
| 5 | inpatient utilization rate for all hospitals in | ||||||
| 6 | Illinois
receiving Medicaid payments from the | ||||||
| 7 | Department for obstetrical services; or
| ||||||
| 8 | (5) Any children's hospital, which means a hospital | ||||||
| 9 | devoted exclusively
to caring for children. A hospital | ||||||
| 10 | which includes a facility devoted
exclusively to caring for | ||||||
| 11 | children shall be considered a
children's hospital to the | ||||||
| 12 | degree that the hospital's Medicaid care is
provided to | ||||||
| 13 | children
if either (i) the facility devoted exclusively to | ||||||
| 14 | caring for children is
separately licensed as a hospital by | ||||||
| 15 | a municipality prior to February 28, 2013
September
30, | ||||||
| 16 | 1998 or
(ii) the hospital has been
designated
by the State
| ||||||
| 17 | as a Level III perinatal care facility, has a Medicaid | ||||||
| 18 | Inpatient
Utilization rate
greater than 55% for the rate | ||||||
| 19 | year 2003 disproportionate share determination,
and has | ||||||
| 20 | more than 10,000 qualified children days as defined by
the
| ||||||
| 21 | Department in rulemaking.
| ||||||
| 22 | (c) Inpatient adjustment payments. The adjustment payments | ||||||
| 23 | required by
paragraph (b) shall be calculated based upon the | ||||||
| 24 | hospital's Medicaid
inpatient utilization rate as follows:
| ||||||
| 25 | (1) hospitals with a Medicaid inpatient utilization | ||||||
| 26 | rate below the mean
shall receive a per day adjustment | ||||||
| |||||||
| |||||||
| 1 | payment equal to $25;
| ||||||
| 2 | (2) hospitals with a Medicaid inpatient utilization | ||||||
| 3 | rate
that is equal to or greater than the mean Medicaid | ||||||
| 4 | inpatient utilization rate
but less than one standard | ||||||
| 5 | deviation above the mean Medicaid inpatient
utilization | ||||||
| 6 | rate shall receive a per day adjustment payment
equal to | ||||||
| 7 | the sum of $25 plus $1 for each one percent that the | ||||||
| 8 | hospital's
Medicaid inpatient utilization rate exceeds the | ||||||
| 9 | mean Medicaid inpatient
utilization rate;
| ||||||
| 10 | (3) hospitals with a Medicaid inpatient utilization | ||||||
| 11 | rate that is equal
to or greater than one standard | ||||||
| 12 | deviation above the mean Medicaid inpatient
utilization | ||||||
| 13 | rate but less than 1.5 standard deviations above the mean | ||||||
| 14 | Medicaid
inpatient utilization rate shall receive a per day | ||||||
| 15 | adjustment payment equal to
the sum of $40 plus $7 for each | ||||||
| 16 | one percent that the hospital's Medicaid
inpatient | ||||||
| 17 | utilization rate exceeds one standard deviation above the | ||||||
| 18 | mean
Medicaid inpatient utilization rate; and
| ||||||
| 19 | (4) hospitals with a Medicaid inpatient utilization | ||||||
| 20 | rate that is equal
to or greater than 1.5 standard | ||||||
| 21 | deviations above the mean Medicaid inpatient
utilization | ||||||
| 22 | rate shall receive a per day adjustment payment equal to | ||||||
| 23 | the sum of
$90 plus $2 for each one percent that the | ||||||
| 24 | hospital's Medicaid inpatient
utilization rate exceeds 1.5 | ||||||
| 25 | standard deviations above the mean Medicaid
inpatient | ||||||
| 26 | utilization rate.
| ||||||
| |||||||
| |||||||
| 1 | (d) Supplemental adjustment payments. In addition to the | ||||||
| 2 | adjustment
payments described in paragraph (c), hospitals as | ||||||
| 3 | defined in clauses
(1) through (5) 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
than | ||||||
| 20 | a county hospital (as defined in subsection (c) of Section 15-1 | ||||||
| 21 | of this
Code) or a hospital organized under the University of | ||||||
| 22 | Illinois Hospital Act,
however, shall not exceed $275 per day; | ||||||
| 23 | that limit shall be increased on
October 1, 1993 and annually | ||||||
| 24 | thereafter by a percentage equal to the lesser of
(i) the | ||||||
| 25 | increase in the DRI hospital cost index for the most recent | ||||||
| 26 | 12-month
period for which data are available or (ii) the | ||||||
| |||||||
| |||||||
| 1 | percentage increase in the
statewide average hospital payment | ||||||
| 2 | rate over the previous year's statewide
average hospital | ||||||
| 3 | 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 all | ||||||
| 23 | Illinois Medicaid-participating
hospitals divided by the | ||||||
| 24 | total number of inpatient days provided by those same
| ||||||
| 25 | hospitals.
| ||||||
| 26 | (3) "Medicaid obstetrical inpatient utilization rate" | ||||||
| |||||||
| |||||||
| 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 | (Source: P.A. 96-31, eff. 6-30-09; 97-689, eff. 6-14-12.)
| ||||||
| 21 | Section 11-30. The Personnel Code is amended by changing | ||||||
| 22 | Section 4d as follows:
| ||||||
| 23 | (20 ILCS 415/4d) (from Ch. 127, par. 63b104d)
| ||||||
| 24 | Sec. 4d. Partial exemptions. The following positions in | ||||||
| |||||||
| |||||||
| 1 | State service are
exempt from jurisdictions A, B, and C to the | ||||||
| 2 | extent stated for each, unless
those jurisdictions are extended | ||||||
| 3 | as provided in this Act:
| ||||||
| 4 | (1) In each department, board or commission that now | ||||||
| 5 | maintains or may
hereafter maintain a major administrative | ||||||
| 6 | division, service or office in
both Sangamon County and | ||||||
| 7 | Cook County, 2 private secretaries for the
director or | ||||||
| 8 | chairman thereof, one located in the Cook County office and | ||||||
| 9 | the
other located in the Sangamon County office, shall be | ||||||
| 10 | exempt from
jurisdiction B; in all other departments, | ||||||
| 11 | boards and commissions one
private secretary for the | ||||||
| 12 | director or chairman thereof shall be exempt from
| ||||||
| 13 | jurisdiction B. In all departments, boards and commissions | ||||||
| 14 | one confidential
assistant for the director or chairman | ||||||
| 15 | thereof shall be exempt from
jurisdiction B. This paragraph | ||||||
| 16 | is subject to such modifications or waiver
of the | ||||||
| 17 | exemptions as may be necessary to assure the continuity of | ||||||
| 18 | federal
contributions in those agencies supported in whole | ||||||
| 19 | or in part by federal
funds.
| ||||||
| 20 | (2) The resident administrative head of each State | ||||||
| 21 | charitable, penal and
correctional institution, the | ||||||
| 22 | chaplains thereof, and all member, patient
and inmate | ||||||
| 23 | employees are exempt from jurisdiction B.
| ||||||
| 24 | (3) The Civil Service Commission, upon written | ||||||
| 25 | recommendation of the
Director of Central Management | ||||||
| 26 | Services, shall exempt
from jurisdiction B other positions
| ||||||
| |||||||
| |||||||
| 1 | which, in the judgment of the Commission, involve either | ||||||
| 2 | principal
administrative responsibility for the | ||||||
| 3 | determination of policy or principal
administrative | ||||||
| 4 | responsibility for the way in which policies are carried
| ||||||
| 5 | out, except positions in agencies which receive federal | ||||||
| 6 | funds if such
exemption is inconsistent with federal | ||||||
| 7 | requirements, and except positions
in agencies supported | ||||||
| 8 | in whole by federal funds.
| ||||||
| 9 | (4) All beauticians and teachers of beauty culture and | ||||||
| 10 | teachers of
barbering, and all positions heretofore paid | ||||||
| 11 | under Section 1.22 of "An Act
to standardize position | ||||||
| 12 | titles and salary rates", approved June 30, 1943,
as | ||||||
| 13 | amended, shall be exempt from jurisdiction B.
| ||||||
| 14 | (5) Licensed attorneys in positions as legal or | ||||||
| 15 | technical advisors, positions in the Department of Natural | ||||||
| 16 | Resources requiring incumbents
to be either a registered | ||||||
| 17 | professional engineer or to hold a bachelor's degree
in | ||||||
| 18 | engineering from a recognized college or university,
| ||||||
| 19 | licensed physicians in positions of medical administrator | ||||||
| 20 | or physician or
physician specialist (including | ||||||
| 21 | psychiatrists), and registered nurses (except
those | ||||||
| 22 | registered nurses employed by the Department of Public | ||||||
| 23 | Health), except
those in positions in agencies which | ||||||
| 24 | receive federal funds if such
exemption is inconsistent | ||||||
| 25 | with federal requirements and except those in
positions in | ||||||
| 26 | agencies supported in whole by federal funds, are exempt | ||||||
| |||||||
| |||||||
| 1 | from
jurisdiction B only to the extent that the | ||||||
| 2 | requirements of Section 8b.1,
8b.3 and 8b.5 of this Code | ||||||
| 3 | need not be met.
| ||||||
| 4 | (6) All positions established outside the geographical | ||||||
| 5 | limits of the
State of Illinois to which appointments of | ||||||
| 6 | other than Illinois citizens may
be made are exempt from | ||||||
| 7 | jurisdiction B.
| ||||||
| 8 | (7) Staff attorneys reporting directly to individual | ||||||
| 9 | Commissioners of
the Illinois Workers' Compensation
| ||||||
| 10 | Commission are exempt from jurisdiction B.
| ||||||
| 11 | (8) Twenty-one senior public service administrator | ||||||
| 12 | positions within the Department of Healthcare and Family | ||||||
| 13 | Services, as set forth in this paragraph (8), requiring the | ||||||
| 14 | specific knowledge of healthcare administration, | ||||||
| 15 | healthcare finance, healthcare data analytics, or | ||||||
| 16 | information technology described are exempt from | ||||||
| 17 | jurisdiction B only to the extent that the requirements of | ||||||
| 18 | Sections 8b.1, 8b.3, and 8b.5 of this Code need not be met. | ||||||
| 19 | The General Assembly finds that these positions are all | ||||||
| 20 | senior policy makers and have spokesperson authority for | ||||||
| 21 | the Director of the Department of Healthcare and Family | ||||||
| 22 | Services. When filling positions so designated, the | ||||||
| 23 | Director of Healthcare and Family Services shall cause a | ||||||
| 24 | position description to be published which allots points to | ||||||
| 25 | various qualifications desired. After scoring qualified | ||||||
| 26 | applications, the Director shall add Veteran's Preference | ||||||
| |||||||
| |||||||
| 1 | points as enumerated in Section 8b.7 of this Code. The | ||||||
| 2 | following are the minimum qualifications for the senior | ||||||
| 3 | public service administrator positions provided for in | ||||||
| 4 | this paragraph (8): | ||||||
| 5 | (A) HEALTHCARE ADMINISTRATION. | ||||||
| 6 | Medical Director: Licensed Medical Doctor in | ||||||
| 7 | good standing; experience in healthcare payment | ||||||
| 8 | systems, pay for performance initiatives, medical | ||||||
| 9 | necessity criteria or federal or State quality | ||||||
| 10 | improvement programs; preferred experience serving | ||||||
| 11 | Medicaid patients or experience in population | ||||||
| 12 | health programs with a large provider, health | ||||||
| 13 | insurer, government agency, or research | ||||||
| 14 | institution. | ||||||
| 15 | Chief, Bureau of Quality Management: Advanced | ||||||
| 16 | degree in health policy or health professional | ||||||
| 17 | field preferred; at least 3 years experience in | ||||||
| 18 | implementing or managing healthcare quality | ||||||
| 19 | improvement initiatives in a clinical setting. | ||||||
| 20 | Quality Management Bureau: Manager, Care | ||||||
| 21 | Coordination/Managed Care Quality: Clinical degree | ||||||
| 22 | or advanced degree in relevant field required; | ||||||
| 23 | experience in the field of managed care quality | ||||||
| 24 | improvement, with knowledge of HEDIS measurements, | ||||||
| 25 | coding, and related data definitions. | ||||||
| 26 | Quality Management Bureau: Manager, Primary | ||||||
| |||||||
| |||||||
| 1 | Care Provider Quality and Practice Development: | ||||||
| 2 | Clinical degree or advanced degree in relevant | ||||||
| 3 | field required; experience in practice | ||||||
| 4 | administration in the primary care setting with a | ||||||
| 5 | provider or a provider association or an | ||||||
| 6 | accrediting body; knowledge of practice standards | ||||||
| 7 | for medical homes and best evidence based | ||||||
| 8 | standards of care for primary care. | ||||||
| 9 | Director of Care Coordination Contracts and | ||||||
| 10 | Compliance: Bachelor's degree required; multi-year | ||||||
| 11 | experience in negotiating managed care contracts, | ||||||
| 12 | preferably on behalf of a payer; experience with | ||||||
| 13 | health care contract compliance. | ||||||
| 14 | Manager, Long Term Care Policy: Bachelor's | ||||||
| 15 | degree required; social work, gerontology, or | ||||||
| 16 | social service degree preferred; knowledge of | ||||||
| 17 | Olmstead and other relevant court decisions | ||||||
| 18 | required; experience working with diverse long | ||||||
| 19 | term care populations and service systems, federal | ||||||
| 20 | initiatives to create long term care community | ||||||
| 21 | options, and home and community-based waiver | ||||||
| 22 | services required. The General Assembly finds that | ||||||
| 23 | this position is necessary for the timely and | ||||||
| 24 | effective implementation of this amendatory Act of | ||||||
| 25 | the 97th General Assembly. | ||||||
| 26 | Manager, Behavioral Health Programs: Clinical | ||||||
| |||||||
| |||||||
| 1 | license or Advanced degree required, preferably in | ||||||
| 2 | psychology, social work, or relevant field; | ||||||
| 3 | knowledge of medical necessity criteria and | ||||||
| 4 | governmental policies and regulations governing | ||||||
| 5 | the provision of mental health services to | ||||||
| 6 | Medicaid populations, including children and | ||||||
| 7 | adults, in community and institutional settings of | ||||||
| 8 | care. The General Assembly finds that this | ||||||
| 9 | position is necessary for the timely and effective | ||||||
| 10 | implementation of this amendatory Act of the 97th | ||||||
| 11 | General Assembly. | ||||||
| 12 | Manager, Office of Accountable Care Entity | ||||||
| 13 | Development Chief, Bureau of Maternal and Child | ||||||
| 14 | Health Promotion: Bachelor's degree required, | ||||||
| 15 | clinical degree or advanced degree in relevant | ||||||
| 16 | field preferred; experience in developing | ||||||
| 17 | integrated delivery systems, including knowledge | ||||||
| 18 | of health homes and evidence-based standards of | ||||||
| 19 | care delivery advanced degree preferred, in public | ||||||
| 20 | health, health care management, or a clinical | ||||||
| 21 | field; multi-year experience in health care or | ||||||
| 22 | public health management; knowledge of federal ACO | ||||||
| 23 | or other similar delivery system EPSDT | ||||||
| 24 | requirements and strategies for improving health | ||||||
| 25 | care delivery for children as well as improving | ||||||
| 26 | birth outcomes. | ||||||
| |||||||
| |||||||
| 1 | Manager of Federal Regulatory Compliance | ||||||
| 2 | Director of Dental Program: Bachelor's degree | ||||||
| 3 | required, advanced degree preferred, in healthcare | ||||||
| 4 | management or relevant field; experience in | ||||||
| 5 | healthcare administration or Medicaid State Plan | ||||||
| 6 | amendments preferred; experience interpreting | ||||||
| 7 | federal rules; experience with either federal | ||||||
| 8 | health care agency or with a State agency in | ||||||
| 9 | working with federal regulations ; experience in | ||||||
| 10 | administering dental healthcare programs, | ||||||
| 11 | knowledge of practice standards for dental care | ||||||
| 12 | and treatment services; knowledge of the public | ||||||
| 13 | dental health infrastructure. | ||||||
| 14 | Manager, Office of Medical Project Management: | ||||||
| 15 | Bachelor's degree required, project management | ||||||
| 16 | certification preferred; multi-year experience in | ||||||
| 17 | project management and developing business analyst | ||||||
| 18 | skills; leadership skills to manage multiple and | ||||||
| 19 | complex projects. | ||||||
| 20 | Manager of Medicare/Medicaid Coordination: | ||||||
| 21 | Bachelor's degree required, knowledge and | ||||||
| 22 | experience with Medicare Advantage rules and | ||||||
| 23 | regulations, knowledge of Medicaid laws and | ||||||
| 24 | policies; experience with contract drafting | ||||||
| 25 | preferred. | ||||||
| 26 | Chief, Bureau of Eligibility Integrity: | ||||||
| |||||||
| |||||||
| 1 | Bachelor's degree required, advanced degree in | ||||||
| 2 | public administration or business administration | ||||||
| 3 | preferred; experience equivalent to 4 years of | ||||||
| 4 | administration in a public or business | ||||||
| 5 | organization required; experience with managing | ||||||
| 6 | contract compliance required; knowledge of | ||||||
| 7 | Medicaid eligibility laws and policy preferred; | ||||||
| 8 | supervisory experience preferred. The General | ||||||
| 9 | Assembly finds that this position is necessary for | ||||||
| 10 | the timely and effective implementation of this | ||||||
| 11 | amendatory Act of the 97th General Assembly. | ||||||
| 12 | (B) HEALTHCARE FINANCE. | ||||||
| 13 | Director of Care Coordination Rate and | ||||||
| 14 | Finance: MBA, CPA, or Actuarial degree required; | ||||||
| 15 | experience in managed care rate setting, | ||||||
| 16 | including, but not limited to, baseline costs and | ||||||
| 17 | growth trends; knowledge and experience with | ||||||
| 18 | Medical Loss Ratio standards and measurements. | ||||||
| 19 | Director of Encounter Data Program: Bachelor's | ||||||
| 20 | degree required, advanced degree preferred, | ||||||
| 21 | preferably in health care, business, or | ||||||
| 22 | information systems; at least 2 years healthcare | ||||||
| 23 | or other similar data reporting experience, | ||||||
| 24 | including, but not limited to, data definitions, | ||||||
| 25 | submission, and editing; strong background in | ||||||
| 26 | HIPAA transactions relevant to encounter data | ||||||
| |||||||
| |||||||
| 1 | submission; experience with large provider, health | ||||||
| 2 | insurer, government agency, or research | ||||||
| 3 | institution or other knowledge of healthcare | ||||||
| 4 | claims systems. | ||||||
| 5 | Chief, Bureau of Rate Development and | ||||||
| 6 | Analysis: Bachelor's degree required, advanced | ||||||
| 7 | degree preferred, with preferred coursework in | ||||||
| 8 | business or public administration, accounting, | ||||||
| 9 | finance, data analysis, or statistics; experience | ||||||
| 10 | with Medicaid reimbursement methodologies and | ||||||
| 11 | regulations; experience with extracting data from | ||||||
| 12 | large systems for analysis. | ||||||
| 13 | Manager of Medical Finance, Division of | ||||||
| 14 | Finance: Requires relevant advanced degree or | ||||||
| 15 | certification in relevant field, such as Certified | ||||||
| 16 | Public Accountant; coursework in business or | ||||||
| 17 | public administration, accounting, finance, data | ||||||
| 18 | analysis, or statistics preferred; experience in | ||||||
| 19 | control systems and GAAP; financial management | ||||||
| 20 | experience in a healthcare or government entity | ||||||
| 21 | utilizing Medicaid funding. | ||||||
| 22 | (C) HEALTHCARE DATA ANALYTICS. | ||||||
| 23 | Data Quality Assurance Manager: Bachelor's | ||||||
| 24 | degree required, advanced degree preferred, | ||||||
| 25 | preferably in business, information systems, or | ||||||
| 26 | epidemiology; at least 3 years of extensive | ||||||
| |||||||
| |||||||
| 1 | healthcare data reporting experience with a large | ||||||
| 2 | provider, health insurer, government agency, or | ||||||
| 3 | research institution; previous data quality | ||||||
| 4 | assurance role or formal data quality assurance | ||||||
| 5 | training. | ||||||
| 6 | Data Analytics Unit Manager: Bachelor's degree | ||||||
| 7 | required, advanced degree preferred, in | ||||||
| 8 | information systems, applied mathematics, or | ||||||
| 9 | another field with a strong analytics component; | ||||||
| 10 | extensive healthcare data reporting experience | ||||||
| 11 | with a large provider, health insurer, government | ||||||
| 12 | agency, or research institution; experience as a | ||||||
| 13 | business analyst interfacing between business and | ||||||
| 14 | information technology departments; in-depth | ||||||
| 15 | knowledge of health insurance coding and evolving | ||||||
| 16 | healthcare quality metrics; working knowledge of | ||||||
| 17 | SQL and/or SAS. | ||||||
| 18 | Data Analytics Platform Manager: Bachelor's | ||||||
| 19 | degree required, advanced degree preferred, | ||||||
| 20 | preferably in business or information systems; | ||||||
| 21 | extensive healthcare data reporting experience | ||||||
| 22 | with a large provider, health insurer, government | ||||||
| 23 | agency, or research institution; previous | ||||||
| 24 | experience working on a health insurance data | ||||||
| 25 | analytics platform; experience managing contracts | ||||||
| 26 | and vendors preferred. | ||||||
| |||||||
| |||||||
| 1 | (D) HEALTHCARE INFORMATION TECHNOLOGY. | ||||||
| 2 | Manager of MMIS Claims Unit: Bachelor's degree | ||||||
| 3 | required, with preferred coursework in business, | ||||||
| 4 | public administration, information systems; | ||||||
| 5 | experience equivalent to 4 years of administration | ||||||
| 6 | in a public or business organization; working | ||||||
| 7 | knowledge with design and implementation of | ||||||
| 8 | technical solutions to medical claims payment | ||||||
| 9 | systems; extensive technical writing experience, | ||||||
| 10 | including, but not limited to, the development of | ||||||
| 11 | RFPs, APDs, feasibility studies, and related | ||||||
| 12 | documents; thorough knowledge of IT system design, | ||||||
| 13 | commercial off the shelf software packages and | ||||||
| 14 | hardware components. | ||||||
| 15 | Assistant Bureau Chief, Office of Information | ||||||
| 16 | Systems: Bachelor's degree required, with | ||||||
| 17 | preferred coursework in business, public | ||||||
| 18 | administration, information systems; experience | ||||||
| 19 | equivalent to 5 years of administration in a public | ||||||
| 20 | or private business organization; extensive | ||||||
| 21 | technical writing experience, including, but not | ||||||
| 22 | limited to, the development of RFPs, APDs, | ||||||
| 23 | feasibility studies and related documents; | ||||||
| 24 | extensive healthcare technology experience with a | ||||||
| 25 | large provider, health insurer, government agency, | ||||||
| 26 | or research institution; experience as a business | ||||||
| |||||||
| |||||||
| 1 | analyst interfacing between business and | ||||||
| 2 | information technology departments; thorough | ||||||
| 3 | knowledge of IT system design, commercial off the | ||||||
| 4 | shelf software packages and hardware components. | ||||||
| 5 | Technical System Architect: Bachelor's degree | ||||||
| 6 | required, with preferred coursework in computer | ||||||
| 7 | science or information technology; prior | ||||||
| 8 | experience equivalent to 5 years of computer | ||||||
| 9 | science or IT administration in a public or | ||||||
| 10 | business organization; extensive healthcare | ||||||
| 11 | technology experience with a large provider, | ||||||
| 12 | health insurer, government agency, or research | ||||||
| 13 | institution; experience as a business analyst | ||||||
| 14 | interfacing between business and information | ||||||
| 15 | technology departments. | ||||||
| 16 | The provisions of this paragraph (8), other than this | ||||||
| 17 | sentence, are inoperative after January 1, 2014. | ||||||
| 18 | (Source: P.A. 97-649, eff. 12-30-11; 97-689, eff. 6-14-12.)
| ||||||
| 19 | Section 11-35. The Illinois Public Aid Code is amended by | ||||||
| 20 | changing Section 5-5.2 as follows:
| ||||||
| 21 | (305 ILCS 5/5-5.2) (from Ch. 23, par. 5-5.2)
| ||||||
| 22 | Sec. 5-5.2. Payment.
| ||||||
| 23 | (a) All nursing facilities that are grouped pursuant to | ||||||
| 24 | Section
5-5.1 of this Act shall receive the same rate of | ||||||
| |||||||
| |||||||
| 1 | payment for similar
services.
| ||||||
| 2 | (b) It shall be a matter of State policy that the Illinois | ||||||
| 3 | Department
shall utilize a uniform billing cycle throughout the | ||||||
| 4 | State for the
long-term care providers.
| ||||||
| 5 | (c) Notwithstanding any other provisions of this Code, the | ||||||
| 6 | methodologies for reimbursement of nursing services as | ||||||
| 7 | provided under this Article shall no longer be applicable for | ||||||
| 8 | bills payable for nursing services rendered on or after a new | ||||||
| 9 | reimbursement system based on the Resource Utilization Groups | ||||||
| 10 | (RUGs) has been fully operationalized, which shall take effect | ||||||
| 11 | for services provided on or after January 1, 2014. | ||||||
| 12 | (d) The new nursing services reimbursement methodology | ||||||
| 13 | utilizing RUG-IV 48 grouper model, which shall be referred to | ||||||
| 14 | as the RUGs reimbursement system, taking effect January 1, | ||||||
| 15 | 2014, shall be based on the following: A new nursing services | ||||||
| 16 | reimbursement methodology utilizing RUGs IV 48 grouper model | ||||||
| 17 | shall be established and may include an Illinois-specific | ||||||
| 18 | default group, as needed. | ||||||
| 19 | (1) The methodology The new RUGs-based nursing | ||||||
| 20 | services reimbursement methodology shall be | ||||||
| 21 | resident-driven, facility-specific, and cost-based. | ||||||
| 22 | (2) Costs shall be annually rebased and case mix index | ||||||
| 23 | quarterly updated. The nursing services methodology will | ||||||
| 24 | be assigned to the Medicaid enrolled resident on record as | ||||||
| 25 | of 30 days prior to the beginning of the rate period in the | ||||||
| 26 | Department's Medicaid Management Information System (MMIS) | ||||||
| |||||||
| |||||||
| 1 | as present on the last day of the second quarter preceding | ||||||
| 2 | the rate period. | ||||||
| 3 | (3) Regional The methodology shall include regional | ||||||
| 4 | wage adjustors based on the Health Service Areas (HSA) | ||||||
| 5 | groupings and adjusters in effect on April 30, 2012 shall | ||||||
| 6 | be included. | ||||||
| 7 | (4) Case The Department shall assign a case mix index | ||||||
| 8 | shall be assigned to each resident class based on the | ||||||
| 9 | Centers for Medicare and Medicaid Services staff time | ||||||
| 10 | measurement study in effect on July 1, 2013, utilizing an | ||||||
| 11 | index maximization approach. | ||||||
| 12 | (5) The pool of funds available for distribution by | ||||||
| 13 | case mix and the base facility rate shall be determined | ||||||
| 14 | using the formula contained in subsection (d-1). | ||||||
| 15 | (d-1) Calculation of base year Statewide RUG-IV nursing | ||||||
| 16 | base per diem rate. | ||||||
| 17 | (1) Base rate spending pool shall be: | ||||||
| 18 | (A) The base year resident days which are | ||||||
| 19 | calculated by multiplying the number of Medicaid | ||||||
| 20 | residents in each nursing home as indicated in the MDS | ||||||
| 21 | data defined in paragraph (4) by 365. | ||||||
| 22 | (B) Each facility's nursing component per diem in | ||||||
| 23 | effect on July 1, 2012 shall be multiplied by | ||||||
| 24 | subsection (A). | ||||||
| 25 | (C) Thirteen million is added to the product of | ||||||
| 26 | subparagraph (A) and subparagraph (B) to adjust for the | ||||||
| |||||||
| |||||||
| 1 | exclusion of nursing homes defined in paragraph (5). | ||||||
| 2 | (2) For each nursing home with Medicaid residents as | ||||||
| 3 | indicated by the MDS data defined in paragraph (4), | ||||||
| 4 | weighted days adjusted for case mix and regional wage | ||||||
| 5 | adjustment shall be calculated. For each home this | ||||||
| 6 | calculation is the product of: | ||||||
| 7 | (A) Base year resident days as calculated in | ||||||
| 8 | subparagraph (A) of paragraph (1). | ||||||
| 9 | (B) The nursing home's regional wage adjustor | ||||||
| 10 | based on the Health Service Areas (HSA) groupings and | ||||||
| 11 | adjustors in effect on April 30, 2012. | ||||||
| 12 | (C) Facility weighted case mix which is the number | ||||||
| 13 | of Medicaid residents as indicated by the MDS data | ||||||
| 14 | defined in paragraph (4) multiplied by the associated | ||||||
| 15 | case weight for the RUG-IV 48 grouper model using | ||||||
| 16 | standard RUG-IV procedures for index maximization. | ||||||
| 17 | (D) The sum of the products calculated for each | ||||||
| 18 | nursing home in subparagraphs (A) through (C) above | ||||||
| 19 | shall be the base year case mix, rate adjusted weighted | ||||||
| 20 | days. | ||||||
| 21 | (3) The Statewide RUG-IV nursing base per diem rate on | ||||||
| 22 | January 1, 2014 shall be the quotient of the paragraph (1) | ||||||
| 23 | divided by the sum calculated under subparagraph (D) of | ||||||
| 24 | paragraph (2). | ||||||
| 25 | (4) Minimum Data Set (MDS) comprehensive assessments | ||||||
| 26 | for Medicaid residents on the last day of the quarter used | ||||||
| |||||||
| |||||||
| 1 | to establish the base rate. | ||||||
| 2 | (5) Nursing facilities designated as of July 1, 2012 by | ||||||
| 3 | the Department as "Institutions for Mental Disease" shall | ||||||
| 4 | be excluded from all calculations under this subsection. | ||||||
| 5 | The data from these facilities shall not be used in the | ||||||
| 6 | computations described in paragraphs (1) through (4) above | ||||||
| 7 | to establish the base rate. | ||||||
| 8 | (e) Notwithstanding any other provision of this Code, the | ||||||
| 9 | Department shall by rule develop a reimbursement methodology | ||||||
| 10 | reflective of the intensity of care and services requirements | ||||||
| 11 | of low need residents in the lowest RUG IV groupers and | ||||||
| 12 | corresponding regulations. Only that portion of the RUGs | ||||||
| 13 | Reimbursement System spending pool described in subsection | ||||||
| 14 | (d-1) attributed to the groupers as of July 1, 2013 for which | ||||||
| 15 | the methodology in this Section is developed may be diverted | ||||||
| 16 | for this purpose. The Department shall submit the rules no | ||||||
| 17 | later than January 1, 2014 for an implementation date no later | ||||||
| 18 | than January 1, 2015. If the Department does not implement this | ||||||
| 19 | reimbursement methodology by the required date, the nursing | ||||||
| 20 | component per diem on January 1, 2015 for residents classified | ||||||
| 21 | in RUG-IV groups PA1, PA2, BA1, and BA2 shall be the blended | ||||||
| 22 | rate of the calculated RUG-IV nursing component per diem and | ||||||
| 23 | the nursing component per diem in effect on July 1, 2012. This | ||||||
| 24 | blended rate shall be applied only to nursing homes whose | ||||||
| 25 | resident population is greater than or equal to 70% of the | ||||||
| 26 | total residents served and whose RUG-IV nursing component per | ||||||
| |||||||
| |||||||
| 1 | diem rate is less than the nursing component per diem in effect | ||||||
| 2 | on July 1, 2012. This blended rate shall be in effect until the | ||||||
| 3 | reimbursement methodology is implemented or until July 1, 2019, | ||||||
| 4 | which ever is sooner. | ||||||
| 5 | (e-1) Notwithstanding any other provision of this Article, | ||||||
| 6 | rates established pursuant to this subsection shall not apply | ||||||
| 7 | to any and all nursing facilities designated by the Department | ||||||
| 8 | as "Institutions for Mental Disease" and shall be excluded from | ||||||
| 9 | the RUGs Reimbursement System applicable to facilities not | ||||||
| 10 | designated as "Institutions for the Mentally Diseased" by the | ||||||
| 11 | Department. | ||||||
| 12 | (e-2) Transition rates for services provided between | ||||||
| 13 | January 1, 2014 and December 31, 2014 shall be as follows: | ||||||
| 14 | (1) The transition RUG-IV per diem nursing rate for | ||||||
| 15 | nursing homes whose rate calculated in subsection (d-1) is | ||||||
| 16 | greater than the nursing component rate in effect July 1, | ||||||
| 17 | 2012 shall be paid the sum of: | ||||||
| 18 | (A) The nursing component rate in effect July 1, | ||||||
| 19 | 2012; plus | ||||||
| 20 | (B) The difference of the RUG-IV nursing component | ||||||
| 21 | per diem calculated for the current quarter minus, the | ||||||
| 22 | nursing component rate in effect July 1, 2012 | ||||||
| 23 | multiplied by 0.88. | ||||||
| 24 | (2) The transition RUG-IV per diem nursing rate for | ||||||
| 25 | nursing homes whose rate calculated in subsection (d-1) is | ||||||
| 26 | less than the nursing component rate in effect July 1, 2012 | ||||||
| |||||||
| |||||||
| 1 | shall be paid the sum of: | ||||||
| 2 | (A) The nursing component rate in effect July 1, | ||||||
| 3 | 2012; plus | ||||||
| 4 | (B) The difference of the RUG-IV nursing component | ||||||
| 5 | per diem calculated for the current quarter minus the | ||||||
| 6 | nursing component rate in effect July 1, 2012 | ||||||
| 7 | multiplied by 0.13. | ||||||
| 8 | (f) Notwithstanding any other provision of this Code, on | ||||||
| 9 | and after July 1, 2012, reimbursement rates associated with the | ||||||
| 10 | nursing or support components of the current nursing facility | ||||||
| 11 | rate methodology shall not increase beyond the level effective | ||||||
| 12 | May 1, 2011 until a new reimbursement system based on the RUGs | ||||||
| 13 | IV 48 grouper model has been fully operationalized. | ||||||
| 14 | (g) Notwithstanding any other provision of this Code, on | ||||||
| 15 | and after July 1, 2012, for facilities not designated by the | ||||||
| 16 | Department of Healthcare and Family Services as "Institutions | ||||||
| 17 | for Mental Disease", rates effective May 1, 2011 shall be | ||||||
| 18 | adjusted as follows: | ||||||
| 19 | (1) Individual nursing rates for residents classified | ||||||
| 20 | in RUG IV groups PA1, PA2, BA1, and BA2 during the quarter | ||||||
| 21 | ending March 31, 2012 shall be reduced by 10%; | ||||||
| 22 | (2) Individual nursing rates for residents classified | ||||||
| 23 | in all other RUG IV groups shall be reduced by 1.0%; | ||||||
| 24 | (3) Facility rates for the capital and support | ||||||
| 25 | components shall be reduced by 1.7%. | ||||||
| 26 | (h) Notwithstanding any other provision of this Code, on | ||||||
| |||||||
| |||||||
| 1 | and after July 1, 2012, nursing facilities designated by the | ||||||
| 2 | Department of Healthcare and Family Services as "Institutions | ||||||
| 3 | for Mental Disease" and "Institutions for Mental Disease" that | ||||||
| 4 | are facilities licensed under the Specialized Mental Health | ||||||
| 5 | Rehabilitation Act shall have the nursing, | ||||||
| 6 | socio-developmental, capital, and support components of their | ||||||
| 7 | reimbursement rate effective May 1, 2011 reduced in total by | ||||||
| 8 | 2.7%. | ||||||
| 9 | (Source: P.A. 96-1530, eff. 2-16-11; 97-689, eff. 6-14-12.)
| ||||||
| 10 | Section 11-40. The Mental Health and Developmental | ||||||
| 11 | Disabilities Code is amended by adding Section 6-104.3 as | ||||||
| 12 | follows:
| ||||||
| 13 | (405 ILCS 5/6-104.3 new) | ||||||
| 14 | Sec. 6-104.3. Comparable programs for the services | ||||||
| 15 | contained
in the Specialized Mental Health Rehabilitation Act | ||||||
| 16 | of 2013. The Division of Mental Health of the Department of | ||||||
| 17 | Human
Services shall oversee the creation of comparable | ||||||
| 18 | programs for
the services contained in the Specialized Mental | ||||||
| 19 | Health
Rehabilitation Act of 2013 for community-based | ||||||
| 20 | providers to
provide the following services: | ||||||
| 21 | (1) triage; | ||||||
| 22 | (2) crisis stabilization; and | ||||||
| 23 | (3) transitional living. | ||||||
| 24 | These comparable programs shall operate under the
| ||||||
| |||||||
| |||||||
| 1 | regulations that may currently exist for such programs, or, if
| ||||||
| 2 | no such regulations are in existence, regulations shall be
| ||||||
| 3 | created. The comparable programs shall be provided through a
| ||||||
| 4 | managed care entity, a coordinated care entity, or an
| ||||||
| 5 | accountable care entity. The Department shall work in concert
| ||||||
| 6 | with any managed care entity, care coordination entity, or
| ||||||
| 7 | accountable care entity to gather the data necessary to report
| ||||||
| 8 | and monitor the progress of the services offered under this
| ||||||
| 9 | Section. The services to be provided under this Section shall
| ||||||
| 10 | be subject to a specific appropriation of the General Assembly
| ||||||
| 11 | for the specific purposes of this Section. | ||||||
| 12 | The Department shall adopt any emergency rules necessary to
| ||||||
| 13 | implement this Section.
| ||||||
| 14 | ARTICLE 12. | ||||||
| 15 | Section 12-1. Short title. This Article 12 may be referred | ||||||
| 16 | to as the Resident First Act.
| ||||||
| 17 | Section 12-5. Purpose. The purpose of this Article is to | ||||||
| 18 | reprioritize the State's oversight of nursing homes to focus on | ||||||
| 19 | the needs of the residents first. As unfunded mandates have | ||||||
| 20 | increased, the State also reduced or eliminated its financial | ||||||
| 21 | support for services nursing home residents need. In doing so, | ||||||
| 22 | the State turned its back on frail elderly citizens for whom | ||||||
| 23 | nursing home care is not a luxury but a necessity.
| ||||||
| |||||||
| |||||||
| 1 | Section 12-10. Findings. The General Assembly finds the | ||||||
| 2 | following: | ||||||
| 3 | (1) The needs of residents must always take precedence.
| ||||||
| 4 | (2) Medicaid eligibility delays adversely impact | ||||||
| 5 | quality.
| ||||||
| 6 | (3) Payment delays further compound quality-of-care | ||||||
| 7 | issues.
| ||||||
| 8 | (4) Nursing homes are viable members of our | ||||||
| 9 | communities. | ||||||
| 10 | (5)
When a nursing home closes, residents lose touch | ||||||
| 11 | with their families, jobs are lost, and the local economy | ||||||
| 12 | suffers. | ||||||
| 13 | (6) Increasing the number of State employees dedicated | ||||||
| 14 | to Medicaid long term care determinations and updating the | ||||||
| 15 | State's out-of-date data processing systems would | ||||||
| 16 | positively impact the excessive eligibility determination | ||||||
| 17 | delays experienced by nursing home residents.
| ||||||
| 18 | Section 12-15. The Nursing Home Care Act is amended by | ||||||
| 19 | changing Sections 2-202, 3-212, 3-301, and 3-305 as follows:
| ||||||
| 20 | (210 ILCS 45/2-202) (from Ch. 111 1/2, par. 4152-202)
| ||||||
| 21 | Sec. 2-202. (a) Before a person is admitted to a facility, | ||||||
| 22 | or at the
expiration of the period of previous contract, or | ||||||
| 23 | when the source of
payment for the resident's care changes from | ||||||
| |||||||
| |||||||
| 1 | private to public funds or
from public to private funds, a | ||||||
| 2 | written contract shall be executed between
a licensee and the | ||||||
| 3 | following in order of priority:
| ||||||
| 4 | (1) the person, or if the person is a minor, his parent | ||||||
| 5 | or guardian; or
| ||||||
| 6 | (2) the person's guardian, if any, or agent, if any, as | ||||||
| 7 | defined in
Section 2-3 of the Illinois Power of Attorney | ||||||
| 8 | Act; or
| ||||||
| 9 | (3) a member of the person's immediate family.
| ||||||
| 10 | An adult person shall be presumed to have the capacity to | ||||||
| 11 | contract for
admission to a long term care facility unless he | ||||||
| 12 | has been adjudicated a
"disabled person" within the meaning of | ||||||
| 13 | Section 11a-2 of the Probate Act
of 1975, or unless a petition | ||||||
| 14 | for such an adjudication is pending in a
circuit court of | ||||||
| 15 | Illinois.
| ||||||
| 16 | If there is no guardian, agent or member of the person's | ||||||
| 17 | immediate family
available, able or willing to execute the | ||||||
| 18 | contract required by this Section
and a physician determines | ||||||
| 19 | that a person is so disabled as to be unable
to consent to | ||||||
| 20 | placement in a facility, or if a person has already been found
| ||||||
| 21 | to be a "disabled person", but no order has been entered | ||||||
| 22 | allowing residential
placement of the person, that person may | ||||||
| 23 | be admitted to a facility before
the execution of a contract | ||||||
| 24 | required by this Section; provided that a petition
for | ||||||
| 25 | guardianship or for modification of guardianship is filed | ||||||
| 26 | within 15
days of the person's admission to a facility, and | ||||||
| |||||||
| |||||||
| 1 | provided further that
such a contract is executed within 10 | ||||||
| 2 | days of the disposition of the petition.
| ||||||
| 3 | No adult shall be admitted to a facility if he objects, | ||||||
| 4 | orally or in writing,
to such admission, except as otherwise | ||||||
| 5 | provided in Chapters III
and IV of the Mental Health and | ||||||
| 6 | Developmental Disabilities Code or Section
11a-14.1 of the | ||||||
| 7 | Probate Act of 1975.
| ||||||
| 8 | If a person has not executed a contract as required by this | ||||||
| 9 | Section, then
such a contract shall be executed on or before | ||||||
| 10 | July 1, 1981, or within 10
days after the disposition of a | ||||||
| 11 | petition for guardianship or modification
of guardianship that | ||||||
| 12 | was filed prior to July 1, 1981, whichever is later.
| ||||||
| 13 | Before a licensee enters a contract under this Section, it | ||||||
| 14 | shall
provide the prospective resident and his or her guardian, | ||||||
| 15 | if any, with written
notice of the licensee's policy regarding | ||||||
| 16 | discharge of a resident whose
private funds for payment of care | ||||||
| 17 | are exhausted.
| ||||||
| 18 | Before a licensee enters into a contract under this | ||||||
| 19 | Section, it shall provide the resident or prospective resident | ||||||
| 20 | and his or her guardian, if any, with a copy of the licensee's | ||||||
| 21 | policy regarding the assignment of Social Security | ||||||
| 22 | representative payee status as a condition of the contract when | ||||||
| 23 | the resident's or prospective resident's care is being funded | ||||||
| 24 | under Title XIX of the Social Security Act and Article V of the | ||||||
| 25 | Illinois Public Aid Code. | ||||||
| 26 | (b) A resident shall not be discharged or transferred at | ||||||
| |||||||
| |||||||
| 1 | the expiration
of the term of a contract, except as provided in | ||||||
| 2 | Sections 3-401 through
3-423.
| ||||||
| 3 | (c) At the time of the resident's admission to the | ||||||
| 4 | facility, a copy of
the contract shall be given to the | ||||||
| 5 | resident, his guardian, if any, and any
other person who | ||||||
| 6 | executed the contract.
| ||||||
| 7 | (d) A copy of the contract for a resident who is supported | ||||||
| 8 | by
nonpublic funds other than the resident's own funds shall be | ||||||
| 9 | made
available to the person providing the funds for the | ||||||
| 10 | resident's support.
| ||||||
| 11 | (e) The original or a copy of the contract shall be | ||||||
| 12 | maintained in the
facility and be made available upon request | ||||||
| 13 | to representatives of the
Department and the Department of | ||||||
| 14 | Healthcare and Family Services.
| ||||||
| 15 | (f) The contract shall be written in clear and unambiguous | ||||||
| 16 | language
and shall be printed in not less than 12-point type. | ||||||
| 17 | The general form
of the contract shall be prescribed by the | ||||||
| 18 | Department.
| ||||||
| 19 | (g) The contract shall specify:
| ||||||
| 20 | (1) the term of the contract;
| ||||||
| 21 | (2) the services to be provided under the contract and | ||||||
| 22 | the charges
for the services;
| ||||||
| 23 | (3) the services that may be provided to supplement the | ||||||
| 24 | contract and
the charges for the services;
| ||||||
| 25 | (4) the sources liable for payments due under the | ||||||
| 26 | contract;
| ||||||
| |||||||
| |||||||
| 1 | (5) the amount of deposit paid; and
| ||||||
| 2 | (6) the rights, duties and obligations of the resident, | ||||||
| 3 | except that
the specification of a resident's rights may be | ||||||
| 4 | furnished on a separate
document which complies with the | ||||||
| 5 | requirements of Section 2-211.
| ||||||
| 6 | (h) The contract shall designate the name of the resident's
| ||||||
| 7 | representative, if any. The resident shall provide the facility | ||||||
| 8 | with a copy
of the written agreement between the resident and | ||||||
| 9 | the resident's representative
which authorizes the resident's | ||||||
| 10 | representative to inspect and copy the
resident's records and | ||||||
| 11 | authorizes the resident's representative to execute
the | ||||||
| 12 | contract on behalf of the resident required by this Section.
| ||||||
| 13 | (i) The contract shall provide that if the resident is
| ||||||
| 14 | compelled by a change in physical or mental health to leave the
| ||||||
| 15 | facility, the contract and all obligations under it shall | ||||||
| 16 | terminate on 7
days notice. No prior notice of termination of | ||||||
| 17 | the contract shall be
required, however, in the case of a | ||||||
| 18 | resident's death. The contract shall also provide
that in all | ||||||
| 19 | other situations, a
resident may terminate the contract and all | ||||||
| 20 | obligations under it with 30
days notice. All charges shall be | ||||||
| 21 | prorated as of the date on which the
contract terminates, and, | ||||||
| 22 | if any payments have been made in advance, the
excess shall be | ||||||
| 23 | refunded to the resident. This provision shall not apply
to | ||||||
| 24 | life-care contracts through which a facility agrees to provide
| ||||||
| 25 | maintenance and care for a resident throughout the remainder of | ||||||
| 26 | his life
nor to continuing-care contracts through which a | ||||||
| |||||||
| |||||||
| 1 | facility agrees to
supplement all available forms of financial | ||||||
| 2 | support in providing
maintenance and care for a resident | ||||||
| 3 | throughout the remainder of his life.
| ||||||
| 4 | (j) In addition to all other contract specifications | ||||||
| 5 | contained in this
Section admission contracts shall also | ||||||
| 6 | specify:
| ||||||
| 7 | (1) whether the facility accepts Medicaid clients;
| ||||||
| 8 | (2) whether the facility requires a deposit of the | ||||||
| 9 | resident or his
family prior to the establishment of | ||||||
| 10 | Medicaid eligibility;
| ||||||
| 11 | (3) in the event that a deposit is required, a clear | ||||||
| 12 | and concise
statement of the procedure to be followed for | ||||||
| 13 | the return of such deposit to
the resident or the | ||||||
| 14 | appropriate family member or guardian of the person;
| ||||||
| 15 | (4) that all deposits made to a facility by a resident, | ||||||
| 16 | or on behalf of
a resident, shall be returned by the | ||||||
| 17 | facility within 30 days of the
establishment of Medicaid | ||||||
| 18 | eligibility, unless such deposits must be drawn
upon or | ||||||
| 19 | encumbered in accordance with Medicaid eligibility | ||||||
| 20 | requirements
established by the Department of Healthcare | ||||||
| 21 | and Family Services.
| ||||||
| 22 | (k) It shall be a business offense for a facility to | ||||||
| 23 | knowingly and
intentionally both retain a resident's deposit | ||||||
| 24 | and accept Medicaid
payments on behalf of that resident.
| ||||||
| 25 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
| |||||||
| |||||||
| 1 | (210 ILCS 45/3-212) (from Ch. 111 1/2, par. 4153-212)
| ||||||
| 2 | Sec. 3-212. Inspection.
| ||||||
| 3 | (a) The Department, whenever it deems necessary in
| ||||||
| 4 | accordance with subsection (b), shall inspect, survey and | ||||||
| 5 | evaluate every
facility to determine compliance with | ||||||
| 6 | applicable licensure requirements and
standards. Submission of | ||||||
| 7 | a facility's current Consumer Choice Information Report | ||||||
| 8 | required by Section 2-214 shall be verified at time of | ||||||
| 9 | inspection. An inspection should occur within 120 days prior
to | ||||||
| 10 | license renewal. The Department may periodically visit a | ||||||
| 11 | facility for the
purpose of consultation. An inspection, | ||||||
| 12 | survey, or evaluation, other than
an inspection of financial | ||||||
| 13 | records, shall be conducted without prior notice
to the | ||||||
| 14 | facility. A visit for the sole purpose of consultation may be
| ||||||
| 15 | announced.
The Department shall provide training to surveyors | ||||||
| 16 | about the appropriate
assessment, care planning, and care of | ||||||
| 17 | persons with mental illness (other than
Alzheimer's disease or | ||||||
| 18 | related disorders) to enable its surveyors to
determine whether | ||||||
| 19 | a facility is complying with State and federal requirements
| ||||||
| 20 | about the assessment, care planning, and care of those persons.
| ||||||
| 21 | (a-1) An employee of a State or unit of local government | ||||||
| 22 | agency
charged with inspecting, surveying, and evaluating | ||||||
| 23 | facilities who directly
or indirectly gives prior notice of an | ||||||
| 24 | inspection, survey, or evaluation,
other than an inspection of | ||||||
| 25 | financial records, to a facility or to an
employee of a | ||||||
| 26 | facility is guilty of a Class A misdemeanor.
| ||||||
| |||||||
| |||||||
| 1 | An inspector or an employee of the Department who | ||||||
| 2 | intentionally prenotifies
a facility,
orally or in writing, of | ||||||
| 3 | a pending complaint investigation or inspection shall
be guilty | ||||||
| 4 | of a Class A misdemeanor.
Superiors of persons who have | ||||||
| 5 | prenotified a facility shall be subject to the
same penalties, | ||||||
| 6 | if they have knowingly allowed the prenotification. A person
| ||||||
| 7 | found guilty of prenotifying a facility shall be subject to | ||||||
| 8 | disciplinary action
by his or her employer.
| ||||||
| 9 | If the Department has a good faith belief, based upon | ||||||
| 10 | information that comes
to its attention, that a violation of | ||||||
| 11 | this subsection has occurred, it must
file a complaint with the | ||||||
| 12 | Attorney General or the State's Attorney in the
county where | ||||||
| 13 | the violation
took place within 30 days after discovery of the | ||||||
| 14 | information.
| ||||||
| 15 | (a-2) An employee of a State or unit of local government | ||||||
| 16 | agency charged with
inspecting, surveying, or evaluating | ||||||
| 17 | facilities who willfully profits from
violating the | ||||||
| 18 | confidentiality of the inspection, survey, or evaluation
| ||||||
| 19 | process shall be guilty of a Class 4 felony and that conduct | ||||||
| 20 | shall be deemed
unprofessional conduct that may subject a | ||||||
| 21 | person to loss of his or her
professional license. An action to | ||||||
| 22 | prosecute a person for violating this
subsection (a-2) may be | ||||||
| 23 | brought by either the Attorney General or the State's
Attorney | ||||||
| 24 | in the county where the violation took place.
| ||||||
| 25 | (b) In determining whether to make more than the required | ||||||
| 26 | number of
unannounced inspections, surveys and evaluations of a | ||||||
| |||||||
| |||||||
| 1 | facility the
Department shall consider one or more of the | ||||||
| 2 | following: previous inspection
reports; the facility's history | ||||||
| 3 | of compliance with standards, rules and
regulations | ||||||
| 4 | promulgated under this Act and correction of violations,
| ||||||
| 5 | penalties or other enforcement actions; the number and severity | ||||||
| 6 | of
complaints received about the facility; any allegations of | ||||||
| 7 | resident abuse
or neglect; weather conditions; health | ||||||
| 8 | emergencies; other reasonable belief
that deficiencies exist.
| ||||||
| 9 | (b-1) The Department shall not be required to determine | ||||||
| 10 | whether a
facility certified to participate in the Medicare | ||||||
| 11 | program under Title XVIII of
the Social Security Act, or the | ||||||
| 12 | Medicaid program under Title XIX of the Social
Security Act, | ||||||
| 13 | and which the Department determines by inspection under this
| ||||||
| 14 | Section or under Section 3-702 of this Act to be in compliance | ||||||
| 15 | with the
certification requirements of Title XVIII or XIX, is | ||||||
| 16 | in compliance with any
requirement of this Act that is less | ||||||
| 17 | stringent than or duplicates a federal
certification | ||||||
| 18 | requirement. In accordance with subsection (a) of this Section
| ||||||
| 19 | or subsection (d) of Section 3-702, the Department shall | ||||||
| 20 | determine whether a
certified facility is in
compliance with | ||||||
| 21 | requirements of this Act that exceed federal certification
| ||||||
| 22 | requirements. If a certified facility is found to be out of | ||||||
| 23 | compliance with
federal certification requirements, the | ||||||
| 24 | results of an inspection conducted
pursuant to Title XVIII or | ||||||
| 25 | XIX of the Social Security Act may be used as the
basis for | ||||||
| 26 | enforcement remedies authorized and commenced, with the | ||||||
| |||||||
| |||||||
| 1 | Department's discretion to evaluate whether penalties are | ||||||
| 2 | warranted, under this Act.
Enforcement of this Act against a | ||||||
| 3 | certified facility shall be commenced
pursuant to the | ||||||
| 4 | requirements of this Act, unless enforcement remedies sought
| ||||||
| 5 | pursuant to Title XVIII or XIX of the Social Security Act | ||||||
| 6 | exceed those
authorized by this Act. As used in this | ||||||
| 7 | subsection, "enforcement remedy"
means a sanction for | ||||||
| 8 | violating a federal certification requirement or this
Act.
| ||||||
| 9 | (c) Upon completion of each inspection, survey and | ||||||
| 10 | evaluation, the
appropriate Department personnel who conducted | ||||||
| 11 | the inspection, survey or
evaluation shall submit a copy of | ||||||
| 12 | their report to the licensee upon exiting
the facility, and | ||||||
| 13 | shall submit the actual report to the appropriate
regional | ||||||
| 14 | office of the Department. Such report and any recommendations | ||||||
| 15 | for
action by the Department under this Act shall be | ||||||
| 16 | transmitted to the
appropriate offices of the associate | ||||||
| 17 | director of the Department, together
with related comments or | ||||||
| 18 | documentation provided by the licensee which may
refute | ||||||
| 19 | findings in the report, which explain extenuating | ||||||
| 20 | circumstances that
the facility could not reasonably have | ||||||
| 21 | prevented, or which indicate methods
and timetables for | ||||||
| 22 | correction of deficiencies described in the report.
Without | ||||||
| 23 | affecting the application of subsection (a) of Section 3-303, | ||||||
| 24 | any
documentation or comments of the licensee shall be provided | ||||||
| 25 | within 10
days of receipt of the copy of the report. Such | ||||||
| 26 | report shall recommend to
the Director appropriate action under | ||||||
| |||||||
| |||||||
| 1 | this Act with respect to findings
against a facility. The | ||||||
| 2 | Director shall then determine whether the report's
findings | ||||||
| 3 | constitute a violation or violations of which the facility must | ||||||
| 4 | be
given notice. Such determination shall be based upon the | ||||||
| 5 | severity of the
finding, the danger posed to resident health | ||||||
| 6 | and safety, the comments and
documentation provided by the | ||||||
| 7 | facility, the diligence and efforts to
correct deficiencies, | ||||||
| 8 | correction of the reported deficiencies, the
frequency and | ||||||
| 9 | duration of similar findings in previous reports and the
| ||||||
| 10 | facility's general inspection history. Violations shall be | ||||||
| 11 | determined
under this subsection no later than 60 90 days after | ||||||
| 12 | completion of each
inspection, survey and evaluation.
| ||||||
| 13 | (d) The Department shall maintain all inspection, survey | ||||||
| 14 | and evaluation
reports for at least 5 years in a manner | ||||||
| 15 | accessible to and understandable
by the public.
| ||||||
| 16 | (e) Revisit surveys. The Department shall conduct a revisit | ||||||
| 17 | to its licensure and certification surveys, consistent with | ||||||
| 18 | federal regulations and guidelines. | ||||||
| 19 | (f) Notwithstanding any other provision of this Act, the | ||||||
| 20 | Department shall, no later than 180 days after the effective | ||||||
| 21 | date of this amendatory Act of the 98th General Assembly, | ||||||
| 22 | implement a single survey process that encompasses federal | ||||||
| 23 | certification and State licensure requirements, health and | ||||||
| 24 | life safety requirements, and an enhanced complaint | ||||||
| 25 | investigation initiative. | ||||||
| 26 | (1) To meet the requirement of a single survey process, | ||||||
| |||||||
| |||||||
| 1 | the federal certification and State licensure surveys and | ||||||
| 2 | health and life safety survey must each be started within 5 | ||||||
| 3 | working days. | ||||||
| 4 | (2) The enhanced complaint investigation initiative | ||||||
| 5 | shall permit the facility to challenge the time period for | ||||||
| 6 | which the fine is levied based on the excessive length of | ||||||
| 7 | the investigation which results in one or more of the | ||||||
| 8 | following conditions: | ||||||
| 9 | (A) prohibits the timely development and | ||||||
| 10 | implementation of a plan of correction; | ||||||
| 11 | (B) creates undue financial hardship impacting the | ||||||
| 12 | quality of care delivered to the resident; | ||||||
| 13 | (C) delays initiation of corrective training; and | ||||||
| 14 | (D) negatively impacts quality assurance and | ||||||
| 15 | patient improvement standards. | ||||||
| 16 | (Source: P.A. 95-823, eff. 1-1-09; 96-1372, eff. 7-29-10.)
| ||||||
| 17 | (210 ILCS 45/3-301) (from Ch. 111 1/2, par. 4153-301)
| ||||||
| 18 | Sec. 3-301. Determination of violation; notice; review
| ||||||
| 19 | team. | ||||||
| 20 | (a) If after receiving the report specified in subsection | ||||||
| 21 | (c)
of Section 3-212 the Director or his designee determines | ||||||
| 22 | that a facility is
in violation of this Act or of any rule | ||||||
| 23 | promulgated thereunder, he shall
serve a notice of violation | ||||||
| 24 | upon the licensee within 10 days thereafter.
Each notice of | ||||||
| 25 | violation shall be prepared in
writing and shall specify the | ||||||
| |||||||
| |||||||
| 1 | nature of the violation, and the statutory
provision or rule | ||||||
| 2 | alleged to have been violated. The notice shall
inform the | ||||||
| 3 | licensee of any action the Department may take under the Act,
| ||||||
| 4 | including the requirement of a facility plan of correction | ||||||
| 5 | under Section
3-303; placement of the facility on a list | ||||||
| 6 | prepared under Section 3-304;
assessment of a penalty under | ||||||
| 7 | Section 3-305; a conditional license
under Sections 3-311 | ||||||
| 8 | through 3-317; or license suspension or revocation
under | ||||||
| 9 | Section 3-119. The Director or his designee shall
also inform | ||||||
| 10 | the licensee of rights to a hearing under Section 3-703.
| ||||||
| 11 | (b) The Department shall perform an audit of all Type "AA" | ||||||
| 12 | or Type "A" violations between January 1, 2014 and January 1, | ||||||
| 13 | 2015. The purpose of the audit is to determine the consistency | ||||||
| 14 | of assigning Type "AA" and Type "A" violations. The audit shall | ||||||
| 15 | be completed and a report submitted to the Long Term Care | ||||||
| 16 | Advisory Committee by April 1, 2015 for comment. The report | ||||||
| 17 | shall include recommendations for increasing the consistency | ||||||
| 18 | of assignment of violations. The Committee may offer additional | ||||||
| 19 | recommendations to be incorporated into the report. The final | ||||||
| 20 | report shall be filed with the General Assembly by June 30, | ||||||
| 21 | 2015. | ||||||
| 22 | (Source: P.A. 85-1378.)
| ||||||
| 23 | (210 ILCS 45/3-305) (from Ch. 111 1/2, par. 4153-305)
| ||||||
| 24 | Sec. 3-305.
The license of a facility which is in violation | ||||||
| 25 | of this Act
or any rule adopted thereunder may be subject to | ||||||
| |||||||
| |||||||
| 1 | the penalties or fines
levied by the Department as specified in | ||||||
| 2 | this Section.
| ||||||
| 3 | (1) A licensee who commits a Type "AA" violation as defined | ||||||
| 4 | in Section 1-128.5
is automatically issued a conditional | ||||||
| 5 | license for a period of 6 months
to coincide with an acceptable | ||||||
| 6 | plan of correction and assessed a fine up to $25,000 per | ||||||
| 7 | violation.
| ||||||
| 8 | (1.5) A licensee who commits a Type "A" violation as | ||||||
| 9 | defined in Section 1-129 is automatically issued a conditional | ||||||
| 10 | license for a period of 6 months to coincide with an acceptable | ||||||
| 11 | plan of correction and assessed a fine of up to $12,500 per | ||||||
| 12 | violation. | ||||||
| 13 | (2) A licensee who commits a Type "B" violation as defined | ||||||
| 14 | in Section 1-130 shall be assessed a fine of up to $1,100 per | ||||||
| 15 | violation.
| ||||||
| 16 | (2.5) A licensee who commits 10 or more Type "C" | ||||||
| 17 | violations, as defined in Section 1-132, in a single survey | ||||||
| 18 | shall be assessed a fine of up to $250 per violation. A | ||||||
| 19 | licensee who commits one or more Type "C" violations with a | ||||||
| 20 | high risk designation, as defined by rule, shall be assessed a | ||||||
| 21 | fine of up to $500 per violation. | ||||||
| 22 | (3) A licensee who commits a Type "AA" or Type "A" | ||||||
| 23 | violation as defined in Section 1-128.5 or
1-129 which | ||||||
| 24 | continues beyond the time specified in paragraph (a) of Section
| ||||||
| 25 | 3-303 which is cited as a repeat violation shall have its | ||||||
| 26 | license revoked
and shall be assessed a fine of 3 times the | ||||||
| |||||||
| |||||||
| 1 | fine computed per resident per
day under subsection (1).
| ||||||
| 2 | (4) A licensee who fails to satisfactorily comply with an | ||||||
| 3 | accepted
plan of correction for a Type "B" violation or an | ||||||
| 4 | administrative warning
issued pursuant to Sections 3-401 | ||||||
| 5 | through 3-413 or the rules promulgated
thereunder shall be | ||||||
| 6 | automatically issued a conditional license for a period
of not | ||||||
| 7 | less than 6 months. A second or subsequent acceptable plan of
| ||||||
| 8 | correction shall be filed. A fine shall be assessed in | ||||||
| 9 | accordance with
subsection (2) when cited for the repeat | ||||||
| 10 | violation. This fine shall be
computed for all days of the | ||||||
| 11 | violation, including the duration of the first
plan of | ||||||
| 12 | correction compliance time.
| ||||||
| 13 | (5) For the purpose of computing a penalty under | ||||||
| 14 | subsections (2) through
(4), the number of residents per day | ||||||
| 15 | shall be based on the average number
of residents in the | ||||||
| 16 | facility during the 30 days preceding the discovery
of the | ||||||
| 17 | violation.
| ||||||
| 18 | (6) When the Department finds that a provision of Article | ||||||
| 19 | II has been
violated with regard to a particular resident, the | ||||||
| 20 | Department shall issue
an order requiring the facility to | ||||||
| 21 | reimburse the resident for injuries
incurred, or $100, | ||||||
| 22 | whichever is greater. In the case of a violation
involving any | ||||||
| 23 | action other than theft of money belonging to a resident,
| ||||||
| 24 | reimbursement shall be ordered only if a provision of Article | ||||||
| 25 | II has been
violated with regard to that or any other resident | ||||||
| 26 | of the facility within
the 2 years immediately preceding the | ||||||
| |||||||
| |||||||
| 1 | violation in question.
| ||||||
| 2 | (7) For purposes of assessing fines under this Section, a | ||||||
| 3 | repeat
violation shall be a violation which has been cited | ||||||
| 4 | during one inspection
of the facility for which an accepted | ||||||
| 5 | plan of correction was not complied
with or a new citation of | ||||||
| 6 | the same rule if the licensee is not substantially addressing | ||||||
| 7 | the issue routinely
throughout the facility.
| ||||||
| 8 | (7.5) If an occurrence results in more than one type of | ||||||
| 9 | violation as defined in this Act (that is, a Type "AA", Type | ||||||
| 10 | "A", Type "B", or Type "C" violation), the Department shall | ||||||
| 11 | assess only one fine, which shall not exceed maximum fine that | ||||||
| 12 | may be assessed for that occurrence is the maximum fine that | ||||||
| 13 | may be assessed for the most serious type of violation charged. | ||||||
| 14 | For purposes of the preceding sentence, a Type "AA" violation | ||||||
| 15 | is the most serious type of violation that may be charged, | ||||||
| 16 | followed by a Type "A", Type "B", or Type "C" violation, in | ||||||
| 17 | that order. | ||||||
| 18 | (8) The minimum and maximum fines that may be assessed | ||||||
| 19 | pursuant to this Section shall be twice those otherwise | ||||||
| 20 | specified for any facility that willfully makes a misstatement | ||||||
| 21 | of fact to the Department, or willfully fails to make a | ||||||
| 22 | required notification to the Department, if that misstatement | ||||||
| 23 | or failure delays the start of a surveyor or impedes a survey. | ||||||
| 24 | (9) High risk designation. If the Department finds that a | ||||||
| 25 | facility has violated a provision of the Illinois | ||||||
| 26 | Administrative Code that has a high risk designation, or that a | ||||||
| |||||||
| |||||||
| 1 | facility has violated the same provision of the Illinois | ||||||
| 2 | Administrative Code 3 or more times in the previous 12 months, | ||||||
| 3 | the Department may assess a fine of up to 2 times the maximum | ||||||
| 4 | fine otherwise allowed. | ||||||
| 5 | (10) If a licensee has paid a civil monetary penalty | ||||||
| 6 | imposed pursuant to the Medicare and Medicaid Certification | ||||||
| 7 | Program for the equivalent federal violation giving rise to a | ||||||
| 8 | fine under this Section, the Department shall offset the fine | ||||||
| 9 | by the amount of the civil monetary penalty. The offset may not | ||||||
| 10 | reduce the fine by more than 75% of the original fine, however. | ||||||
| 11 | (Source: P.A. 96-1372, eff. 7-29-10.)
| ||||||
| 12 | Section 12-20. The Illinois Public Aid Code is amended by | ||||||
| 13 | changing Section 5-5 and by adding Section 11-5.4 as follows:
| ||||||
| 14 | (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
| ||||||
| 15 | Sec. 5-5. Medical services. The Illinois Department, by | ||||||
| 16 | rule, shall
determine the quantity and quality of and the rate | ||||||
| 17 | of reimbursement for the
medical assistance for which
payment | ||||||
| 18 | will be authorized, and the medical services to be provided,
| ||||||
| 19 | which may include all or part of the following: (1) inpatient | ||||||
| 20 | hospital
services; (2) outpatient hospital services; (3) other | ||||||
| 21 | laboratory and
X-ray services; (4) skilled nursing home | ||||||
| 22 | services; (5) physicians'
services whether furnished in the | ||||||
| 23 | office, the patient's home, a
hospital, a skilled nursing home, | ||||||
| 24 | or elsewhere; (6) medical care, or any
other type of remedial | ||||||
| |||||||
| |||||||
| 1 | care furnished by licensed practitioners; (7)
home health care | ||||||
| 2 | services; (8) private duty nursing service; (9) clinic
| ||||||
| 3 | services; (10) dental services, including prevention and | ||||||
| 4 | treatment of periodontal disease and dental caries disease for | ||||||
| 5 | pregnant women, provided by an individual licensed to practice | ||||||
| 6 | dentistry or dental surgery; for purposes of this item (10), | ||||||
| 7 | "dental services" means diagnostic, preventive, or corrective | ||||||
| 8 | procedures provided by or under the supervision of a dentist in | ||||||
| 9 | the practice of his or her profession; (11) physical therapy | ||||||
| 10 | and related
services; (12) prescribed drugs, dentures, and | ||||||
| 11 | prosthetic devices; and
eyeglasses prescribed by a physician | ||||||
| 12 | skilled in the diseases of the eye,
or by an optometrist, | ||||||
| 13 | whichever the person may select; (13) other
diagnostic, | ||||||
| 14 | screening, preventive, and rehabilitative services, including | ||||||
| 15 | to ensure that the individual's need for intervention or | ||||||
| 16 | treatment of mental disorders or substance use disorders or | ||||||
| 17 | co-occurring mental health and substance use disorders is | ||||||
| 18 | determined using a uniform screening, assessment, and | ||||||
| 19 | evaluation process inclusive of criteria, for children and | ||||||
| 20 | adults; for purposes of this item (13), a uniform screening, | ||||||
| 21 | assessment, and evaluation process refers to a process that | ||||||
| 22 | includes an appropriate evaluation and, as warranted, a | ||||||
| 23 | referral; "uniform" does not mean the use of a singular | ||||||
| 24 | instrument, tool, or process that all must utilize; (14)
| ||||||
| 25 | transportation and such other expenses as may be necessary; | ||||||
| 26 | (15) medical
treatment of sexual assault survivors, as defined | ||||||
| |||||||
| |||||||
| 1 | in
Section 1a of the Sexual Assault Survivors Emergency | ||||||
| 2 | Treatment Act, for
injuries sustained as a result of the sexual | ||||||
| 3 | assault, including
examinations and laboratory tests to | ||||||
| 4 | discover evidence which may be used in
criminal proceedings | ||||||
| 5 | arising from the sexual assault; (16) the
diagnosis and | ||||||
| 6 | treatment of sickle cell anemia; and (17)
any other medical | ||||||
| 7 | care, and any other type of remedial care recognized
under the | ||||||
| 8 | laws of this State, but not including abortions, or induced
| ||||||
| 9 | miscarriages or premature births, unless, in the opinion of a | ||||||
| 10 | physician,
such procedures are necessary for the preservation | ||||||
| 11 | of the life of the
woman seeking such treatment, or except an | ||||||
| 12 | induced premature birth
intended to produce a live viable child | ||||||
| 13 | and such procedure is necessary
for the health of the mother or | ||||||
| 14 | her unborn child. The Illinois Department,
by rule, shall | ||||||
| 15 | prohibit any physician from providing medical assistance
to | ||||||
| 16 | anyone eligible therefor under this Code where such physician | ||||||
| 17 | has been
found guilty of performing an abortion procedure in a | ||||||
| 18 | wilful and wanton
manner upon a woman who was not pregnant at | ||||||
| 19 | the time such abortion
procedure was performed. The term "any | ||||||
| 20 | other type of remedial care" shall
include nursing care and | ||||||
| 21 | nursing home service for persons who rely on
treatment by | ||||||
| 22 | spiritual means alone through prayer for healing.
| ||||||
| 23 | Notwithstanding any other provision of this Section, a | ||||||
| 24 | comprehensive
tobacco use cessation program that includes | ||||||
| 25 | purchasing prescription drugs or
prescription medical devices | ||||||
| 26 | approved by the Food and Drug Administration shall
be covered | ||||||
| |||||||
| |||||||
| 1 | under the medical assistance
program under this Article for | ||||||
| 2 | persons who are otherwise eligible for
assistance under this | ||||||
| 3 | Article.
| ||||||
| 4 | Notwithstanding any other provision of this Code, the | ||||||
| 5 | Illinois
Department may not require, as a condition of payment | ||||||
| 6 | for any laboratory
test authorized under this Article, that a | ||||||
| 7 | physician's handwritten signature
appear on the laboratory | ||||||
| 8 | test order form. The Illinois Department may,
however, impose | ||||||
| 9 | other appropriate requirements regarding laboratory test
order | ||||||
| 10 | documentation.
| ||||||
| 11 | On and after July 1, 2012, the Department of Healthcare and | ||||||
| 12 | Family Services may provide the following services to
persons
| ||||||
| 13 | eligible for assistance under this Article who are | ||||||
| 14 | participating in
education, training or employment programs | ||||||
| 15 | operated by the Department of Human
Services as successor to | ||||||
| 16 | the Department of Public Aid:
| ||||||
| 17 | (1) dental services provided by or under the | ||||||
| 18 | supervision of a dentist; and
| ||||||
| 19 | (2) eyeglasses prescribed by a physician skilled in the | ||||||
| 20 | diseases of the
eye, or by an optometrist, whichever the | ||||||
| 21 | person may select.
| ||||||
| 22 | Notwithstanding any other provision of this Code and | ||||||
| 23 | subject to federal approval, the Department may adopt rules to | ||||||
| 24 | allow a dentist who is volunteering his or her service at no | ||||||
| 25 | cost to render dental services through an enrolled | ||||||
| 26 | not-for-profit health clinic without the dentist personally | ||||||
| |||||||
| |||||||
| 1 | enrolling as a participating provider in the medical assistance | ||||||
| 2 | program. A not-for-profit health clinic shall include a public | ||||||
| 3 | health clinic or Federally Qualified Health Center or other | ||||||
| 4 | enrolled provider, as determined by the Department, through | ||||||
| 5 | which dental services covered under this Section are performed. | ||||||
| 6 | The Department shall establish a process for payment of claims | ||||||
| 7 | for reimbursement for covered dental services rendered under | ||||||
| 8 | this provision. | ||||||
| 9 | The Illinois Department, by rule, may distinguish and | ||||||
| 10 | classify the
medical services to be provided only in accordance | ||||||
| 11 | with the classes of
persons designated in Section 5-2.
| ||||||
| 12 | The Department of Healthcare and Family Services must | ||||||
| 13 | provide coverage and reimbursement for amino acid-based | ||||||
| 14 | elemental formulas, regardless of delivery method, for the | ||||||
| 15 | diagnosis and treatment of (i) eosinophilic disorders and (ii) | ||||||
| 16 | short bowel syndrome when the prescribing physician has issued | ||||||
| 17 | a written order stating that the amino acid-based elemental | ||||||
| 18 | formula is medically necessary.
| ||||||
| 19 | The Illinois Department shall authorize the provision of, | ||||||
| 20 | and shall
authorize payment for, screening by low-dose | ||||||
| 21 | mammography for the presence of
occult breast cancer for women | ||||||
| 22 | 35 years of age or older who are eligible
for medical | ||||||
| 23 | assistance under this Article, as follows: | ||||||
| 24 | (A) A baseline
mammogram for women 35 to 39 years of | ||||||
| 25 | age.
| ||||||
| 26 | (B) An annual mammogram for women 40 years of age or | ||||||
| |||||||
| |||||||
| 1 | older. | ||||||
| 2 | (C) A mammogram at the age and intervals considered | ||||||
| 3 | medically necessary by the woman's health care provider for | ||||||
| 4 | women under 40 years of age and having a family history of | ||||||
| 5 | breast cancer, prior personal history of breast cancer, | ||||||
| 6 | positive genetic testing, or other risk factors. | ||||||
| 7 | (D) A comprehensive ultrasound screening of an entire | ||||||
| 8 | breast or breasts if a mammogram demonstrates | ||||||
| 9 | heterogeneous or dense breast tissue, when medically | ||||||
| 10 | necessary as determined by a physician licensed to practice | ||||||
| 11 | medicine in all of its branches. | ||||||
| 12 | All screenings
shall
include a physical breast exam, | ||||||
| 13 | instruction on self-examination and
information regarding the | ||||||
| 14 | frequency of self-examination and its value as a
preventative | ||||||
| 15 | tool. For purposes of this Section, "low-dose mammography" | ||||||
| 16 | means
the x-ray examination of the breast using equipment | ||||||
| 17 | dedicated specifically
for mammography, including the x-ray | ||||||
| 18 | tube, filter, compression device,
and image receptor, with an | ||||||
| 19 | average radiation exposure delivery
of less than one rad per | ||||||
| 20 | breast for 2 views of an average size breast.
The term also | ||||||
| 21 | includes digital mammography.
| ||||||
| 22 | On and after January 1, 2012, providers participating in a | ||||||
| 23 | quality improvement program approved by the Department shall be | ||||||
| 24 | reimbursed for screening and diagnostic mammography at the same | ||||||
| 25 | rate as the Medicare program's rates, including the increased | ||||||
| 26 | reimbursement for digital mammography. | ||||||
| |||||||
| |||||||
| 1 | The Department shall convene an expert panel including | ||||||
| 2 | representatives of hospitals, free-standing mammography | ||||||
| 3 | facilities, and doctors, including radiologists, to establish | ||||||
| 4 | quality standards. | ||||||
| 5 | Subject to federal approval, the Department shall | ||||||
| 6 | establish a rate methodology for mammography at federally | ||||||
| 7 | qualified health centers and other encounter-rate clinics. | ||||||
| 8 | These clinics or centers may also collaborate with other | ||||||
| 9 | hospital-based mammography facilities. | ||||||
| 10 | The Department shall establish a methodology to remind | ||||||
| 11 | women who are age-appropriate for screening mammography, but | ||||||
| 12 | who have not received a mammogram within the previous 18 | ||||||
| 13 | months, of the importance and benefit of screening mammography. | ||||||
| 14 | The Department shall establish a performance goal for | ||||||
| 15 | primary care providers with respect to their female patients | ||||||
| 16 | over age 40 receiving an annual mammogram. This performance | ||||||
| 17 | goal shall be used to provide additional reimbursement in the | ||||||
| 18 | form of a quality performance bonus to primary care providers | ||||||
| 19 | who meet that goal. | ||||||
| 20 | The Department shall devise a means of case-managing or | ||||||
| 21 | patient navigation for beneficiaries diagnosed with breast | ||||||
| 22 | cancer. This program shall initially operate as a pilot program | ||||||
| 23 | in areas of the State with the highest incidence of mortality | ||||||
| 24 | related to breast cancer. At least one pilot program site shall | ||||||
| 25 | be in the metropolitan Chicago area and at least one site shall | ||||||
| 26 | be outside the metropolitan Chicago area. An evaluation of the | ||||||
| |||||||
| |||||||
| 1 | pilot program shall be carried out measuring health outcomes | ||||||
| 2 | and cost of care for those served by the pilot program compared | ||||||
| 3 | to similarly situated patients who are not served by the pilot | ||||||
| 4 | program. | ||||||
| 5 | Any medical or health care provider shall immediately | ||||||
| 6 | recommend, to
any pregnant woman who is being provided prenatal | ||||||
| 7 | services and is suspected
of drug abuse or is addicted as | ||||||
| 8 | defined in the Alcoholism and Other Drug Abuse
and Dependency | ||||||
| 9 | Act, referral to a local substance abuse treatment provider
| ||||||
| 10 | licensed by the Department of Human Services or to a licensed
| ||||||
| 11 | hospital which provides substance abuse treatment services. | ||||||
| 12 | The Department of Healthcare and Family Services
shall assure | ||||||
| 13 | coverage for the cost of treatment of the drug abuse or
| ||||||
| 14 | addiction for pregnant recipients in accordance with the | ||||||
| 15 | Illinois Medicaid
Program in conjunction with the Department of | ||||||
| 16 | Human Services.
| ||||||
| 17 | All medical providers providing medical assistance to | ||||||
| 18 | pregnant women
under this Code shall receive information from | ||||||
| 19 | the Department on the
availability of services under the Drug | ||||||
| 20 | Free Families with a Future or any
comparable program providing | ||||||
| 21 | case management services for addicted women,
including | ||||||
| 22 | information on appropriate referrals for other social services
| ||||||
| 23 | that may be needed by addicted women in addition to treatment | ||||||
| 24 | for addiction.
| ||||||
| 25 | The Illinois Department, in cooperation with the | ||||||
| 26 | Departments of Human
Services (as successor to the Department | ||||||
| |||||||
| |||||||
| 1 | of Alcoholism and Substance
Abuse) and Public Health, through a | ||||||
| 2 | public awareness campaign, may
provide information concerning | ||||||
| 3 | treatment for alcoholism and drug abuse and
addiction, prenatal | ||||||
| 4 | health care, and other pertinent programs directed at
reducing | ||||||
| 5 | the number of drug-affected infants born to recipients of | ||||||
| 6 | medical
assistance.
| ||||||
| 7 | Neither the Department of Healthcare and Family Services | ||||||
| 8 | nor the Department of Human
Services shall sanction the | ||||||
| 9 | recipient solely on the basis of
her substance abuse.
| ||||||
| 10 | The Illinois Department shall establish such regulations | ||||||
| 11 | governing
the dispensing of health services under this Article | ||||||
| 12 | as it shall deem
appropriate. The Department
should
seek the | ||||||
| 13 | advice of formal professional advisory committees appointed by
| ||||||
| 14 | the Director of the Illinois Department for the purpose of | ||||||
| 15 | providing regular
advice on policy and administrative matters, | ||||||
| 16 | information dissemination and
educational activities for | ||||||
| 17 | medical and health care providers, and
consistency in | ||||||
| 18 | procedures to the Illinois Department.
| ||||||
| 19 | The Illinois Department may develop and contract with | ||||||
| 20 | Partnerships of
medical providers to arrange medical services | ||||||
| 21 | for persons eligible under
Section 5-2 of this Code. | ||||||
| 22 | Implementation of this Section may be by
demonstration projects | ||||||
| 23 | in certain geographic areas. The Partnership shall
be | ||||||
| 24 | represented by a sponsor organization. The Department, by rule, | ||||||
| 25 | shall
develop qualifications for sponsors of Partnerships. | ||||||
| 26 | Nothing in this
Section shall be construed to require that the | ||||||
| |||||||
| |||||||
| 1 | sponsor organization be a
medical organization.
| ||||||
| 2 | The sponsor must negotiate formal written contracts with | ||||||
| 3 | medical
providers for physician services, inpatient and | ||||||
| 4 | outpatient hospital care,
home health services, treatment for | ||||||
| 5 | alcoholism and substance abuse, and
other services determined | ||||||
| 6 | necessary by the Illinois Department by rule for
delivery by | ||||||
| 7 | Partnerships. Physician services must include prenatal and
| ||||||
| 8 | obstetrical care. The Illinois Department shall reimburse | ||||||
| 9 | medical services
delivered by Partnership providers to clients | ||||||
| 10 | in target areas according to
provisions of this Article and the | ||||||
| 11 | Illinois Health Finance Reform Act,
except that:
| ||||||
| 12 | (1) Physicians participating in a Partnership and | ||||||
| 13 | providing certain
services, which shall be determined by | ||||||
| 14 | the Illinois Department, to persons
in areas covered by the | ||||||
| 15 | Partnership may receive an additional surcharge
for such | ||||||
| 16 | services.
| ||||||
| 17 | (2) The Department may elect to consider and negotiate | ||||||
| 18 | financial
incentives to encourage the development of | ||||||
| 19 | Partnerships and the efficient
delivery of medical care.
| ||||||
| 20 | (3) Persons receiving medical services through | ||||||
| 21 | Partnerships may receive
medical and case management | ||||||
| 22 | services above the level usually offered
through the | ||||||
| 23 | medical assistance program.
| ||||||
| 24 | Medical providers shall be required to meet certain | ||||||
| 25 | qualifications to
participate in Partnerships to ensure the | ||||||
| 26 | delivery of high quality medical
services. These | ||||||
| |||||||
| |||||||
| 1 | qualifications shall be determined by rule of the Illinois
| ||||||
| 2 | Department and may be higher than qualifications for | ||||||
| 3 | participation in the
medical assistance program. Partnership | ||||||
| 4 | sponsors may prescribe reasonable
additional qualifications | ||||||
| 5 | for participation by medical providers, only with
the prior | ||||||
| 6 | written approval of the Illinois Department.
| ||||||
| 7 | Nothing in this Section shall limit the free choice of | ||||||
| 8 | practitioners,
hospitals, and other providers of medical | ||||||
| 9 | services by clients.
In order to ensure patient freedom of | ||||||
| 10 | choice, the Illinois Department shall
immediately promulgate | ||||||
| 11 | all rules and take all other necessary actions so that
provided | ||||||
| 12 | services may be accessed from therapeutically certified | ||||||
| 13 | optometrists
to the full extent of the Illinois Optometric | ||||||
| 14 | Practice Act of 1987 without
discriminating between service | ||||||
| 15 | providers.
| ||||||
| 16 | The Department shall apply for a waiver from the United | ||||||
| 17 | States Health
Care Financing Administration to allow for the | ||||||
| 18 | implementation of
Partnerships under this Section.
| ||||||
| 19 | The Illinois Department shall require health care | ||||||
| 20 | providers to maintain
records that document the medical care | ||||||
| 21 | and services provided to recipients
of Medical Assistance under | ||||||
| 22 | this Article. Such records must be retained for a period of not | ||||||
| 23 | less than 6 years from the date of service or as provided by | ||||||
| 24 | applicable State law, whichever period is longer, except that | ||||||
| 25 | if an audit is initiated within the required retention period | ||||||
| 26 | then the records must be retained until the audit is completed | ||||||
| |||||||
| |||||||
| 1 | and every exception is resolved. The Illinois Department shall
| ||||||
| 2 | require health care providers to make available, when | ||||||
| 3 | authorized by the
patient, in writing, the medical records in a | ||||||
| 4 | timely fashion to other
health care providers who are treating | ||||||
| 5 | or serving persons eligible for
Medical Assistance under this | ||||||
| 6 | Article. All dispensers of medical services
shall be required | ||||||
| 7 | to maintain and retain business and professional records
| ||||||
| 8 | sufficient to fully and accurately document the nature, scope, | ||||||
| 9 | details and
receipt of the health care provided to persons | ||||||
| 10 | eligible for medical
assistance under this Code, in accordance | ||||||
| 11 | with regulations promulgated by
the Illinois Department. The | ||||||
| 12 | rules and regulations shall require that proof
of the receipt | ||||||
| 13 | of prescription drugs, dentures, prosthetic devices and
| ||||||
| 14 | eyeglasses by eligible persons under this Section accompany | ||||||
| 15 | each claim
for reimbursement submitted by the dispenser of such | ||||||
| 16 | medical services.
No such claims for reimbursement shall be | ||||||
| 17 | approved for payment by the Illinois
Department without such | ||||||
| 18 | proof of receipt, unless the Illinois Department
shall have put | ||||||
| 19 | into effect and shall be operating a system of post-payment
| ||||||
| 20 | audit and review which shall, on a sampling basis, be deemed | ||||||
| 21 | adequate by
the Illinois Department to assure that such drugs, | ||||||
| 22 | dentures, prosthetic
devices and eyeglasses for which payment | ||||||
| 23 | is being made are actually being
received by eligible | ||||||
| 24 | recipients. Within 90 days after the effective date of
this | ||||||
| 25 | amendatory Act of 1984, the Illinois Department shall establish | ||||||
| 26 | a
current list of acquisition costs for all prosthetic devices | ||||||
| |||||||
| |||||||
| 1 | and any
other items recognized as medical equipment and | ||||||
| 2 | supplies reimbursable under
this Article and shall update such | ||||||
| 3 | list on a quarterly basis, except that
the acquisition costs of | ||||||
| 4 | all prescription drugs shall be updated no
less frequently than | ||||||
| 5 | every 30 days as required by Section 5-5.12.
| ||||||
| 6 | The rules and regulations of the Illinois Department shall | ||||||
| 7 | require
that a written statement including the required opinion | ||||||
| 8 | of a physician
shall accompany any claim for reimbursement for | ||||||
| 9 | abortions, or induced
miscarriages or premature births. This | ||||||
| 10 | statement shall indicate what
procedures were used in providing | ||||||
| 11 | such medical services.
| ||||||
| 12 | Notwithstanding any other law to the contrary, the Illinois | ||||||
| 13 | Department shall, within 365 days after the effective date of | ||||||
| 14 | this amendatory Act of the 98th General Assembly, establish | ||||||
| 15 | procedures to permit skilled care facilities licensed under the | ||||||
| 16 | Nursing Home Care Act to submit monthly billing claims for | ||||||
| 17 | reimbursement purposes. Following development of these | ||||||
| 18 | procedures, the Department shall have an additional 365 days to | ||||||
| 19 | test the viability of the new system and to ensure that any | ||||||
| 20 | necessary operational or structural changes to its information | ||||||
| 21 | technology platforms are implemented. | ||||||
| 22 | The Illinois Department shall require all dispensers of | ||||||
| 23 | medical
services, other than an individual practitioner or | ||||||
| 24 | group of practitioners,
desiring to participate in the Medical | ||||||
| 25 | Assistance program
established under this Article to disclose | ||||||
| 26 | all financial, beneficial,
ownership, equity, surety or other | ||||||
| |||||||
| |||||||
| 1 | interests in any and all firms,
corporations, partnerships, | ||||||
| 2 | associations, business enterprises, joint
ventures, agencies, | ||||||
| 3 | institutions or other legal entities providing any
form of | ||||||
| 4 | health care services in this State under this Article.
| ||||||
| 5 | The Illinois Department may require that all dispensers of | ||||||
| 6 | medical
services desiring to participate in the medical | ||||||
| 7 | assistance program
established under this Article disclose, | ||||||
| 8 | under such terms and conditions as
the Illinois Department may | ||||||
| 9 | by rule establish, all inquiries from clients
and attorneys | ||||||
| 10 | regarding medical bills paid by the Illinois Department, which
| ||||||
| 11 | inquiries could indicate potential existence of claims or liens | ||||||
| 12 | for the
Illinois Department.
| ||||||
| 13 | Enrollment of a vendor
shall be
subject to a provisional | ||||||
| 14 | period and shall be conditional for one year. During the period | ||||||
| 15 | of conditional enrollment, the Department may
terminate the | ||||||
| 16 | vendor's eligibility to participate in, or may disenroll the | ||||||
| 17 | vendor from, the medical assistance
program without cause. | ||||||
| 18 | Unless otherwise specified, such termination of eligibility or | ||||||
| 19 | disenrollment is not subject to the
Department's hearing | ||||||
| 20 | process.
However, a disenrolled vendor may reapply without | ||||||
| 21 | penalty.
| ||||||
| 22 | The Department has the discretion to limit the conditional | ||||||
| 23 | enrollment period for vendors based upon category of risk of | ||||||
| 24 | the vendor. | ||||||
| 25 | Prior to enrollment and during the conditional enrollment | ||||||
| 26 | period in the medical assistance program, all vendors shall be | ||||||
| |||||||
| |||||||
| 1 | subject to enhanced oversight, screening, and review based on | ||||||
| 2 | the risk of fraud, waste, and abuse that is posed by the | ||||||
| 3 | category of risk of the vendor. The Illinois Department shall | ||||||
| 4 | establish the procedures for oversight, screening, and review, | ||||||
| 5 | which may include, but need not be limited to: criminal and | ||||||
| 6 | financial background checks; fingerprinting; license, | ||||||
| 7 | certification, and authorization verifications; unscheduled or | ||||||
| 8 | unannounced site visits; database checks; prepayment audit | ||||||
| 9 | reviews; audits; payment caps; payment suspensions; and other | ||||||
| 10 | screening as required by federal or State law. | ||||||
| 11 | The Department shall define or specify the following: (i) | ||||||
| 12 | by provider notice, the "category of risk of the vendor" for | ||||||
| 13 | each type of vendor, which shall take into account the level of | ||||||
| 14 | screening applicable to a particular category of vendor under | ||||||
| 15 | federal law and regulations; (ii) by rule or provider notice, | ||||||
| 16 | the maximum length of the conditional enrollment period for | ||||||
| 17 | each category of risk of the vendor; and (iii) by rule, the | ||||||
| 18 | hearing rights, if any, afforded to a vendor in each category | ||||||
| 19 | of risk of the vendor that is terminated or disenrolled during | ||||||
| 20 | the conditional enrollment period. | ||||||
| 21 | To be eligible for payment consideration, a vendor's | ||||||
| 22 | payment claim or bill, either as an initial claim or as a | ||||||
| 23 | resubmitted claim following prior rejection, must be received | ||||||
| 24 | by the Illinois Department, or its fiscal intermediary, no | ||||||
| 25 | later than 180 days after the latest date on the claim on which | ||||||
| 26 | medical goods or services were provided, with the following | ||||||
| |||||||
| |||||||
| 1 | exceptions: | ||||||
| 2 | (1) In the case of a provider whose enrollment is in | ||||||
| 3 | process by the Illinois Department, the 180-day period | ||||||
| 4 | shall not begin until the date on the written notice from | ||||||
| 5 | the Illinois Department that the provider enrollment is | ||||||
| 6 | complete. | ||||||
| 7 | (2) In the case of errors attributable to the Illinois | ||||||
| 8 | Department or any of its claims processing intermediaries | ||||||
| 9 | which result in an inability to receive, process, or | ||||||
| 10 | adjudicate a claim, the 180-day period shall not begin | ||||||
| 11 | until the provider has been notified of the error. | ||||||
| 12 | (3) In the case of a provider for whom the Illinois | ||||||
| 13 | Department initiates the monthly billing process. | ||||||
| 14 | For claims for services rendered during a period for which | ||||||
| 15 | a recipient received retroactive eligibility, claims must be | ||||||
| 16 | filed within 180 days after the Department determines the | ||||||
| 17 | applicant is eligible. For claims for which the Illinois | ||||||
| 18 | Department is not the primary payer, claims must be submitted | ||||||
| 19 | to the Illinois Department within 180 days after the final | ||||||
| 20 | adjudication by the primary payer. | ||||||
| 21 | In the case of long term care facilities, admission | ||||||
| 22 | documents shall be submitted within 30 days of an admission to | ||||||
| 23 | the facility through the Medical Electronic Data Interchange | ||||||
| 24 | (MEDI) or the Recipient Eligibility Verification (REV) System, | ||||||
| 25 | or shall be submitted directly to the Department of Human | ||||||
| 26 | Services using required admission forms. Confirmation numbers | ||||||
| |||||||
| |||||||
| 1 | assigned to an accepted transaction shall be retained by a | ||||||
| 2 | facility to verify timely submittal. Once an admission | ||||||
| 3 | transaction has been completed, all resubmitted claims | ||||||
| 4 | following prior rejection are subject to receipt no later than | ||||||
| 5 | 180 days after the admission transaction has been completed. | ||||||
| 6 | Claims that are not submitted and received in compliance | ||||||
| 7 | with the foregoing requirements shall not be eligible for | ||||||
| 8 | payment under the medical assistance program, and the State | ||||||
| 9 | shall have no liability for payment of those claims. | ||||||
| 10 | To the extent consistent with applicable information and | ||||||
| 11 | privacy, security, and disclosure laws, State and federal | ||||||
| 12 | agencies and departments shall provide the Illinois Department | ||||||
| 13 | access to confidential and other information and data necessary | ||||||
| 14 | to perform eligibility and payment verifications and other | ||||||
| 15 | Illinois Department functions. This includes, but is not | ||||||
| 16 | limited to: information pertaining to licensure; | ||||||
| 17 | certification; earnings; immigration status; citizenship; wage | ||||||
| 18 | reporting; unearned and earned income; pension income; | ||||||
| 19 | employment; supplemental security income; social security | ||||||
| 20 | numbers; National Provider Identifier (NPI) numbers; the | ||||||
| 21 | National Practitioner Data Bank (NPDB); program and agency | ||||||
| 22 | exclusions; taxpayer identification numbers; tax delinquency; | ||||||
| 23 | corporate information; and death records. | ||||||
| 24 | The Illinois Department shall enter into agreements with | ||||||
| 25 | State agencies and departments, and is authorized to enter into | ||||||
| 26 | agreements with federal agencies and departments, under which | ||||||
| |||||||
| |||||||
| 1 | such agencies and departments shall share data necessary for | ||||||
| 2 | medical assistance program integrity functions and oversight. | ||||||
| 3 | The Illinois Department shall develop, in cooperation with | ||||||
| 4 | other State departments and agencies, and in compliance with | ||||||
| 5 | applicable federal laws and regulations, appropriate and | ||||||
| 6 | effective methods to share such data. At a minimum, and to the | ||||||
| 7 | extent necessary to provide data sharing, the Illinois | ||||||
| 8 | Department shall enter into agreements with State agencies and | ||||||
| 9 | departments, and is authorized to enter into agreements with | ||||||
| 10 | federal agencies and departments, including but not limited to: | ||||||
| 11 | the Secretary of State; the Department of Revenue; the | ||||||
| 12 | Department of Public Health; the Department of Human Services; | ||||||
| 13 | and the Department of Financial and Professional Regulation. | ||||||
| 14 | Beginning in fiscal year 2013, the Illinois Department | ||||||
| 15 | shall set forth a request for information to identify the | ||||||
| 16 | benefits of a pre-payment, post-adjudication, and post-edit | ||||||
| 17 | claims system with the goals of streamlining claims processing | ||||||
| 18 | and provider reimbursement, reducing the number of pending or | ||||||
| 19 | rejected claims, and helping to ensure a more transparent | ||||||
| 20 | adjudication process through the utilization of: (i) provider | ||||||
| 21 | data verification and provider screening technology; and (ii) | ||||||
| 22 | clinical code editing; and (iii) pre-pay, pre- or | ||||||
| 23 | post-adjudicated predictive modeling with an integrated case | ||||||
| 24 | management system with link analysis. Such a request for | ||||||
| 25 | information shall not be considered as a request for proposal | ||||||
| 26 | or as an obligation on the part of the Illinois Department to | ||||||
| |||||||
| |||||||
| 1 | take any action or acquire any products or services. | ||||||
| 2 | The Illinois Department shall establish policies, | ||||||
| 3 | procedures,
standards and criteria by rule for the acquisition, | ||||||
| 4 | repair and replacement
of orthotic and prosthetic devices and | ||||||
| 5 | durable medical equipment. Such
rules shall provide, but not be | ||||||
| 6 | limited to, the following services: (1)
immediate repair or | ||||||
| 7 | replacement of such devices by recipients; and (2) rental, | ||||||
| 8 | lease, purchase or lease-purchase of
durable medical equipment | ||||||
| 9 | in a cost-effective manner, taking into
consideration the | ||||||
| 10 | recipient's medical prognosis, the extent of the
recipient's | ||||||
| 11 | needs, and the requirements and costs for maintaining such
| ||||||
| 12 | equipment. Subject to prior approval, such rules shall enable a | ||||||
| 13 | recipient to temporarily acquire and
use alternative or | ||||||
| 14 | substitute devices or equipment pending repairs or
| ||||||
| 15 | replacements of any device or equipment previously authorized | ||||||
| 16 | for such
recipient by the Department.
| ||||||
| 17 | The Department shall execute, relative to the nursing home | ||||||
| 18 | prescreening
project, written inter-agency agreements with the | ||||||
| 19 | Department of Human
Services and the Department on Aging, to | ||||||
| 20 | effect the following: (i) intake
procedures and common | ||||||
| 21 | eligibility criteria for those persons who are receiving
| ||||||
| 22 | non-institutional services; and (ii) the establishment and | ||||||
| 23 | development of
non-institutional services in areas of the State | ||||||
| 24 | where they are not currently
available or are undeveloped; and | ||||||
| 25 | (iii) notwithstanding any other provision of law, subject to | ||||||
| 26 | federal approval, on and after July 1, 2012, an increase in the | ||||||
| |||||||
| |||||||
| 1 | determination of need (DON) scores from 29 to 37 for applicants | ||||||
| 2 | for institutional and home and community-based long term care; | ||||||
| 3 | if and only if federal approval is not granted, the Department | ||||||
| 4 | may, in conjunction with other affected agencies, implement | ||||||
| 5 | utilization controls or changes in benefit packages to | ||||||
| 6 | effectuate a similar savings amount for this population; and | ||||||
| 7 | (iv) no later than July 1, 2013, minimum level of care | ||||||
| 8 | eligibility criteria for institutional and home and | ||||||
| 9 | community-based long term care. In order to select the minimum | ||||||
| 10 | level of care eligibility criteria, the Governor shall | ||||||
| 11 | establish a workgroup that includes affected agency | ||||||
| 12 | representatives and stakeholders representing the | ||||||
| 13 | institutional and home and community-based long term care | ||||||
| 14 | interests. This Section shall not restrict the Department from | ||||||
| 15 | implementing lower level of care eligibility criteria for | ||||||
| 16 | community-based services in circumstances where federal | ||||||
| 17 | approval has been granted.
| ||||||
| 18 | The Illinois Department shall develop and operate, in | ||||||
| 19 | cooperation
with other State Departments and agencies and in | ||||||
| 20 | compliance with
applicable federal laws and regulations, | ||||||
| 21 | appropriate and effective
systems of health care evaluation and | ||||||
| 22 | programs for monitoring of
utilization of health care services | ||||||
| 23 | and facilities, as it affects
persons eligible for medical | ||||||
| 24 | assistance under this Code.
| ||||||
| 25 | The Illinois Department shall report annually to the | ||||||
| 26 | General Assembly,
no later than the second Friday in April of | ||||||
| |||||||
| |||||||
| 1 | 1979 and each year
thereafter, in regard to:
| ||||||
| 2 | (a) actual statistics and trends in utilization of | ||||||
| 3 | medical services by
public aid recipients;
| ||||||
| 4 | (b) actual statistics and trends in the provision of | ||||||
| 5 | the various medical
services by medical vendors;
| ||||||
| 6 | (c) current rate structures and proposed changes in | ||||||
| 7 | those rate structures
for the various medical vendors; and
| ||||||
| 8 | (d) efforts at utilization review and control by the | ||||||
| 9 | Illinois Department.
| ||||||
| 10 | The period covered by each report shall be the 3 years | ||||||
| 11 | ending on the June
30 prior to the report. The report shall | ||||||
| 12 | include suggested legislation
for consideration by the General | ||||||
| 13 | Assembly. The filing of one copy of the
report with the | ||||||
| 14 | Speaker, one copy with the Minority Leader and one copy
with | ||||||
| 15 | the Clerk of the House of Representatives, one copy with the | ||||||
| 16 | President,
one copy with the Minority Leader and one copy with | ||||||
| 17 | the Secretary of the
Senate, one copy with the Legislative | ||||||
| 18 | Research Unit, and 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 shall be deemed sufficient to comply with this | ||||||
| 22 | Section.
| ||||||
| 23 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
| 24 | any, is conditioned on the rules being adopted in accordance | ||||||
| 25 | with all provisions of the Illinois Administrative Procedure | ||||||
| 26 | Act and all rules and procedures of the Joint Committee on | ||||||
| |||||||
| |||||||
| 1 | Administrative Rules; any purported rule not so adopted, for | ||||||
| 2 | whatever reason, is unauthorized. | ||||||
| 3 | On and after July 1, 2012, the Department shall reduce any | ||||||
| 4 | rate of reimbursement for services or other payments or alter | ||||||
| 5 | any methodologies authorized by this Code to reduce any rate of | ||||||
| 6 | reimbursement for services or other payments in accordance with | ||||||
| 7 | Section 5-5e. | ||||||
| 8 | (Source: P.A. 96-156, eff. 1-1-10; 96-806, eff. 7-1-10; 96-926, | ||||||
| 9 | eff. 1-1-11; 96-1000, eff. 7-2-10; 97-48, eff. 6-28-11; 97-638, | ||||||
| 10 | eff. 1-1-12; 97-689, eff. 6-14-12; 97-1061, eff. 8-24-12; | ||||||
| 11 | revised 9-20-12.)
| ||||||
| 12 | (305 ILCS 5/11-5.4 new) | ||||||
| 13 | Sec. 11-5.4. Expedited long-term care eligibility | ||||||
| 14 | determination and enrollment. | ||||||
| 15 | (a) An expedited long-term care eligibility determination | ||||||
| 16 | and enrollment system shall be established to reduce long-term | ||||||
| 17 | care determinations to 90 days or fewer by July 1, 2014 and | ||||||
| 18 | streamline the long-term care enrollment process. | ||||||
| 19 | Establishment of the system shall be a joint venture of the | ||||||
| 20 | Department of Human Services and Healthcare and Family Services | ||||||
| 21 | and the Department on Aging. The Governor shall name a lead | ||||||
| 22 | agency no later than 30 days after the effective date of this | ||||||
| 23 | amendatory Act of the 98th General assembly to assume | ||||||
| 24 | responsibility for the full implementation of the | ||||||
| 25 | establishment and maintenance of the system. Project outcomes | ||||||
| |||||||
| |||||||
| 1 | shall include an enhanced eligibility determination tracking | ||||||
| 2 | system accessible to providers and a centralized application | ||||||
| 3 | review and eligibility determination with all applicants | ||||||
| 4 | reviewed within 90 days of receipt by the State of a complete | ||||||
| 5 | application. If the Department of Healthcare and Family | ||||||
| 6 | Services' Office of the Inspector General determines that there | ||||||
| 7 | is a likelihood that a non-allowable transfer of assets has | ||||||
| 8 | occurred, an extension of up to 90 days shall be permissible. | ||||||
| 9 | On or before December 31, 2015, a streamlined application and | ||||||
| 10 | enrollment process shall be put in place based on the following | ||||||
| 11 | principles: | ||||||
| 12 | (1) Minimize the burden on applicants by collecting | ||||||
| 13 | only the data necessary to determine eligibility for | ||||||
| 14 | medical services, long-term care services, and spousal | ||||||
| 15 | impoverishment offset. | ||||||
| 16 | (2) Integrate online data sources to simplify the | ||||||
| 17 | application process by reducing the amount of information | ||||||
| 18 | needed to be entered and to expedite eligibility | ||||||
| 19 | verification. | ||||||
| 20 | (3) Provide online prompts to alert the applicant that | ||||||
| 21 | information is missing or not complete. | ||||||
| 22 | (b) The Department shall, on or before July 1, 2014, assess | ||||||
| 23 | the feasibility of incorporating all information needed to | ||||||
| 24 | determine eligibility for long-term care services, including | ||||||
| 25 | asset transfer and spousal impoverishment financials, into the | ||||||
| 26 | State's integrated eligibility system identifying all | ||||||
| |||||||
| |||||||
| 1 | resources needed and reasonable timeframes for achieving the | ||||||
| 2 | specified integration. | ||||||
| 3 | (c) The lead agency shall file interim reports with the | ||||||
| 4 | Chairs and Minority Spokespersons of the House and Senate Human | ||||||
| 5 | Services Committees no later than September 1, 2014 and on | ||||||
| 6 | February 1, 2015. The Department of Healthcare and Family | ||||||
| 7 | Services shall include in the annual Medicaid report for State | ||||||
| 8 | Fiscal Year 2014 and every fiscal year thereafter information | ||||||
| 9 | concerning implementation of the provisions of this Section. | ||||||
| 10 | (d) No later than August 1, 2014, the Auditor General shall | ||||||
| 11 | report to the General Assembly concerning the extent to which | ||||||
| 12 | the timeframes specified in this Section have been met and the | ||||||
| 13 | extent to which State staffing levels are adequate to meet the | ||||||
| 14 | requirements of this Section.
| ||||||
| 15 | ARTICLE 99. | ||||||
| 16 | Section 99-5. The Illinois Administrative Procedure Act is | ||||||
| 17 | amended by changing Section 5-45 as follows:
| ||||||
| 18 | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | ||||||
| 19 | Sec. 5-45. Emergency rulemaking. | ||||||
| 20 | (a) "Emergency" means the existence of any situation that | ||||||
| 21 | any agency
finds reasonably constitutes a threat to the public | ||||||
| 22 | interest, safety, or
welfare. | ||||||
| 23 | (b) If any agency finds that an
emergency exists that | ||||||
| |||||||
| |||||||
| 1 | requires adoption of a rule upon fewer days than
is required by | ||||||
| 2 | Section 5-40 and states in writing its reasons for that
| ||||||
| 3 | finding, the agency may adopt an emergency rule without prior | ||||||
| 4 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||
| 5 | with the Secretary of
State under Section 5-70. The notice | ||||||
| 6 | shall include the text of the
emergency rule and shall be | ||||||
| 7 | published in the Illinois Register. Consent
orders or other | ||||||
| 8 | court orders adopting settlements negotiated by an agency
may | ||||||
| 9 | be adopted under this Section. Subject to applicable | ||||||
| 10 | constitutional or
statutory provisions, an emergency rule | ||||||
| 11 | becomes effective immediately upon
filing under Section 5-65 or | ||||||
| 12 | at a stated date less than 10 days
thereafter. The agency's | ||||||
| 13 | finding and a statement of the specific reasons
for the finding | ||||||
| 14 | shall be filed with the rule. The agency shall take
reasonable | ||||||
| 15 | and appropriate measures to make emergency rules known to the
| ||||||
| 16 | persons who may be affected by them. | ||||||
| 17 | (c) An emergency rule may be effective for a period of not | ||||||
| 18 | longer than
150 days, but the agency's authority to adopt an | ||||||
| 19 | identical rule under Section
5-40 is not precluded. No | ||||||
| 20 | emergency rule may be adopted more
than once in any 24 month | ||||||
| 21 | period, except that this limitation on the number
of emergency | ||||||
| 22 | rules that may be adopted in a 24 month period does not apply
| ||||||
| 23 | to (i) emergency rules that make additions to and deletions | ||||||
| 24 | from the Drug
Manual under Section 5-5.16 of the Illinois | ||||||
| 25 | Public Aid Code or the
generic drug formulary under Section | ||||||
| 26 | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||||||
| |||||||
| |||||||
| 1 | emergency rules adopted by the Pollution Control
Board before | ||||||
| 2 | July 1, 1997 to implement portions of the Livestock Management
| ||||||
| 3 | Facilities Act, (iii) emergency rules adopted by the Illinois | ||||||
| 4 | Department of Public Health under subsections (a) through (i) | ||||||
| 5 | of Section 2 of the Department of Public Health Act when | ||||||
| 6 | necessary to protect the public's health, (iv) emergency rules | ||||||
| 7 | adopted pursuant to subsection (n) of this Section, (v) | ||||||
| 8 | emergency rules adopted pursuant to subsection (o) of this | ||||||
| 9 | Section, or (vi) emergency rules adopted pursuant to subsection | ||||||
| 10 | (c-5) of this Section. Two or more emergency rules having | ||||||
| 11 | substantially the same
purpose and effect shall be deemed to be | ||||||
| 12 | a single rule for purposes of this
Section. | ||||||
| 13 | (c-5) To facilitate the maintenance of the program of group | ||||||
| 14 | health benefits provided to annuitants, survivors, and retired | ||||||
| 15 | employees under the State Employees Group Insurance Act of | ||||||
| 16 | 1971, rules to alter the contributions to be paid by the State, | ||||||
| 17 | annuitants, survivors, retired employees, or any combination | ||||||
| 18 | of those entities, for that program of group health benefits, | ||||||
| 19 | shall be adopted as emergency rules. The adoption of those | ||||||
| 20 | rules shall be considered an emergency and necessary for the | ||||||
| 21 | public interest, safety, and welfare. | ||||||
| 22 | (d) In order to provide for the expeditious and timely | ||||||
| 23 | implementation
of the State's fiscal year 1999 budget, | ||||||
| 24 | emergency rules to implement any
provision of Public Act 90-587 | ||||||
| 25 | or 90-588
or any other budget initiative for fiscal year 1999 | ||||||
| 26 | may be adopted in
accordance with this Section by the agency | ||||||
| |||||||
| |||||||
| 1 | charged with administering that
provision or initiative, | ||||||
| 2 | except that the 24-month limitation on the adoption
of | ||||||
| 3 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
| 4 | do not apply
to rules adopted under this subsection (d). The | ||||||
| 5 | adoption of emergency rules
authorized by this subsection (d) | ||||||
| 6 | shall be deemed to be necessary for the
public interest, | ||||||
| 7 | safety, and welfare. | ||||||
| 8 | (e) In order to provide for the expeditious and timely | ||||||
| 9 | implementation
of the State's fiscal year 2000 budget, | ||||||
| 10 | emergency rules to implement any
provision of this amendatory | ||||||
| 11 | Act of the 91st General Assembly
or any other budget initiative | ||||||
| 12 | for fiscal year 2000 may be adopted in
accordance with this | ||||||
| 13 | Section by the agency charged with administering that
provision | ||||||
| 14 | or initiative, except that the 24-month limitation on the | ||||||
| 15 | adoption
of emergency rules and the provisions of Sections | ||||||
| 16 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
| 17 | subsection (e). The adoption of emergency rules
authorized by | ||||||
| 18 | this subsection (e) shall be deemed to be necessary for the
| ||||||
| 19 | public interest, safety, and welfare. | ||||||
| 20 | (f) In order to provide for the expeditious and timely | ||||||
| 21 | implementation
of the State's fiscal year 2001 budget, | ||||||
| 22 | emergency rules to implement any
provision of this amendatory | ||||||
| 23 | Act of the 91st General Assembly
or any other budget initiative | ||||||
| 24 | for fiscal year 2001 may be adopted in
accordance with this | ||||||
| 25 | Section by the agency charged with administering that
provision | ||||||
| 26 | or initiative, except that the 24-month limitation on the | ||||||
| |||||||
| |||||||
| 1 | adoption
of emergency rules and the provisions of Sections | ||||||
| 2 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
| 3 | subsection (f). The adoption of emergency rules
authorized by | ||||||
| 4 | this subsection (f) shall be deemed to be necessary for the
| ||||||
| 5 | public interest, safety, and welfare. | ||||||
| 6 | (g) In order to provide for the expeditious and timely | ||||||
| 7 | implementation
of the State's fiscal year 2002 budget, | ||||||
| 8 | emergency rules to implement any
provision of this amendatory | ||||||
| 9 | Act of the 92nd General Assembly
or any other budget initiative | ||||||
| 10 | for fiscal year 2002 may be adopted in
accordance with this | ||||||
| 11 | Section by the agency charged with administering that
provision | ||||||
| 12 | or initiative, except that the 24-month limitation on the | ||||||
| 13 | adoption
of emergency rules and the provisions of Sections | ||||||
| 14 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
| 15 | subsection (g). The adoption of emergency rules
authorized by | ||||||
| 16 | this subsection (g) shall be deemed to be necessary for the
| ||||||
| 17 | public interest, safety, and welfare. | ||||||
| 18 | (h) In order to provide for the expeditious and timely | ||||||
| 19 | implementation
of the State's fiscal year 2003 budget, | ||||||
| 20 | emergency rules to implement any
provision of this amendatory | ||||||
| 21 | Act of the 92nd General Assembly
or any other budget initiative | ||||||
| 22 | for fiscal year 2003 may be adopted in
accordance with this | ||||||
| 23 | Section by the agency charged with administering that
provision | ||||||
| 24 | or initiative, except that the 24-month limitation on the | ||||||
| 25 | adoption
of emergency rules and the provisions of Sections | ||||||
| 26 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
| |||||||
| |||||||
| 1 | subsection (h). The adoption of emergency rules
authorized by | ||||||
| 2 | this subsection (h) shall be deemed to be necessary for the
| ||||||
| 3 | public interest, safety, and welfare. | ||||||
| 4 | (i) In order to provide for the expeditious and timely | ||||||
| 5 | implementation
of the State's fiscal year 2004 budget, | ||||||
| 6 | emergency rules to implement any
provision of this amendatory | ||||||
| 7 | Act of the 93rd General Assembly
or any other budget initiative | ||||||
| 8 | for fiscal year 2004 may be adopted in
accordance with this | ||||||
| 9 | Section by the agency charged with administering that
provision | ||||||
| 10 | or initiative, except that the 24-month limitation on the | ||||||
| 11 | adoption
of emergency rules and the provisions of Sections | ||||||
| 12 | 5-115 and 5-125 do not apply
to rules adopted under this | ||||||
| 13 | subsection (i). The adoption of emergency rules
authorized by | ||||||
| 14 | this subsection (i) shall be deemed to be necessary for the
| ||||||
| 15 | public interest, safety, and welfare. | ||||||
| 16 | (j) In order to provide for the expeditious and timely | ||||||
| 17 | implementation of the provisions of the State's fiscal year | ||||||
| 18 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
| 19 | Implementation (Human Services) Act, emergency rules to | ||||||
| 20 | implement any provision of the Fiscal Year 2005 Budget | ||||||
| 21 | Implementation (Human Services) Act may be adopted in | ||||||
| 22 | accordance with this Section by the agency charged with | ||||||
| 23 | administering that provision, except that the 24-month | ||||||
| 24 | limitation on the adoption of emergency rules and the | ||||||
| 25 | provisions of Sections 5-115 and 5-125 do not apply to rules | ||||||
| 26 | adopted under this subsection (j). The Department of Public Aid | ||||||
| |||||||
| |||||||
| 1 | may also adopt rules under this subsection (j) necessary to | ||||||
| 2 | administer the Illinois Public Aid Code and the Children's | ||||||
| 3 | Health Insurance Program Act. The adoption of emergency rules | ||||||
| 4 | authorized by this subsection (j) shall be deemed to be | ||||||
| 5 | necessary for the public interest, safety, and welfare.
| ||||||
| 6 | (k) In order to provide for the expeditious and timely | ||||||
| 7 | implementation of the provisions of the State's fiscal year | ||||||
| 8 | 2006 budget, emergency rules to implement any provision of this | ||||||
| 9 | amendatory Act of the 94th General Assembly or any other budget | ||||||
| 10 | initiative for fiscal year 2006 may be adopted in accordance | ||||||
| 11 | with this Section by the agency charged with administering that | ||||||
| 12 | provision or initiative, except that the 24-month limitation on | ||||||
| 13 | the adoption of emergency rules and the provisions of Sections | ||||||
| 14 | 5-115 and 5-125 do not apply to rules adopted under this | ||||||
| 15 | subsection (k). The Department of Healthcare and Family | ||||||
| 16 | Services may also adopt rules under this subsection (k) | ||||||
| 17 | necessary to administer the Illinois Public Aid Code, the | ||||||
| 18 | Senior Citizens and Disabled Persons Property Tax Relief Act, | ||||||
| 19 | the Senior Citizens and Disabled Persons Prescription Drug | ||||||
| 20 | Discount Program Act (now the Illinois Prescription Drug | ||||||
| 21 | Discount Program Act), and the Children's Health Insurance | ||||||
| 22 | Program Act. The adoption of emergency rules authorized by this | ||||||
| 23 | subsection (k) shall be deemed to be necessary for the public | ||||||
| 24 | interest, safety, and welfare.
| ||||||
| 25 | (l) In order to provide for the expeditious and timely | ||||||
| 26 | implementation of the provisions of the
State's fiscal year | ||||||
| |||||||
| |||||||
| 1 | 2007 budget, the Department of Healthcare and Family Services | ||||||
| 2 | may adopt emergency rules during fiscal year 2007, including | ||||||
| 3 | rules effective July 1, 2007, in
accordance with this | ||||||
| 4 | subsection to the extent necessary to administer the | ||||||
| 5 | Department's responsibilities with respect to amendments to | ||||||
| 6 | the State plans and Illinois waivers approved by the federal | ||||||
| 7 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
| 8 | requirements of Title XIX and Title XXI of the federal Social | ||||||
| 9 | Security Act. The adoption of emergency rules
authorized by | ||||||
| 10 | this subsection (l) shall be deemed to be necessary for the | ||||||
| 11 | public interest,
safety, and welfare.
| ||||||
| 12 | (m) In order to provide for the expeditious and timely | ||||||
| 13 | implementation of the provisions of the
State's fiscal year | ||||||
| 14 | 2008 budget, the Department of Healthcare and Family Services | ||||||
| 15 | may adopt emergency rules during fiscal year 2008, including | ||||||
| 16 | rules effective July 1, 2008, in
accordance with this | ||||||
| 17 | subsection to the extent necessary to administer the | ||||||
| 18 | Department's responsibilities with respect to amendments to | ||||||
| 19 | the State plans and Illinois waivers approved by the federal | ||||||
| 20 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
| 21 | requirements of Title XIX and Title XXI of the federal Social | ||||||
| 22 | Security Act. The adoption of emergency rules
authorized by | ||||||
| 23 | this subsection (m) shall be deemed to be necessary for the | ||||||
| 24 | public interest,
safety, and welfare.
| ||||||
| 25 | (n) In order to provide for the expeditious and timely | ||||||
| 26 | implementation of the provisions of the State's fiscal year | ||||||
| |||||||
| |||||||
| 1 | 2010 budget, emergency rules to implement any provision of this | ||||||
| 2 | amendatory Act of the 96th General Assembly or any other budget | ||||||
| 3 | initiative authorized by the 96th General Assembly for fiscal | ||||||
| 4 | year 2010 may be adopted in accordance with this Section by the | ||||||
| 5 | agency charged with administering that provision or | ||||||
| 6 | initiative. The adoption of emergency rules authorized by this | ||||||
| 7 | subsection (n) shall be deemed to be necessary for the public | ||||||
| 8 | interest, safety, and welfare. The rulemaking authority | ||||||
| 9 | granted in this subsection (n) shall apply only to rules | ||||||
| 10 | promulgated during Fiscal Year 2010. | ||||||
| 11 | (o) In order to provide for the expeditious and timely | ||||||
| 12 | implementation of the provisions of the State's fiscal year | ||||||
| 13 | 2011 budget, emergency rules to implement any provision of this | ||||||
| 14 | amendatory Act of the 96th General Assembly or any other budget | ||||||
| 15 | initiative authorized by the 96th General Assembly for fiscal | ||||||
| 16 | year 2011 may be adopted in accordance with this Section by the | ||||||
| 17 | agency charged with administering that provision or | ||||||
| 18 | initiative. The adoption of emergency rules authorized by this | ||||||
| 19 | subsection (o) is deemed to be necessary for the public | ||||||
| 20 | interest, safety, and welfare. The rulemaking authority | ||||||
| 21 | granted in this subsection (o) applies only to rules | ||||||
| 22 | promulgated on or after the effective date of this amendatory | ||||||
| 23 | Act of the 96th General Assembly through June 30, 2011. | ||||||
| 24 | (p) In order to provide for the expeditious and timely | ||||||
| 25 | implementation of the provisions of Public Act 97-689 this | ||||||
| 26 | amendatory Act of the 97th General Assembly, emergency rules to | ||||||
| |||||||
| |||||||
| 1 | implement any provision of Public Act 97-689 this amendatory | ||||||
| 2 | Act of the 97th General Assembly may be adopted in accordance | ||||||
| 3 | with this subsection (p) by the agency charged with | ||||||
| 4 | administering that provision or initiative. The 150-day | ||||||
| 5 | limitation of the effective period of emergency rules does not | ||||||
| 6 | apply to rules adopted under this subsection (p), and the | ||||||
| 7 | effective period may continue through June 30, 2013. The | ||||||
| 8 | 24-month limitation on the adoption of emergency rules does not | ||||||
| 9 | apply to rules adopted under this subsection (p). The adoption | ||||||
| 10 | of emergency rules authorized by this subsection (p) is deemed | ||||||
| 11 | to be necessary for the public interest, safety, and welfare. | ||||||
| 12 | (q) In order to provide for the expeditious and timely | ||||||
| 13 | implementation of the provisions of Articles 7, 8, 9, 11, and | ||||||
| 14 | 12 of this amendatory Act of the 98th General Assembly, | ||||||
| 15 | emergency rules to implement any provision of Articles 7, 8, 9, | ||||||
| 16 | 11, and 12 of this amendatory Act of the 98th General Assembly | ||||||
| 17 | may be adopted in accordance with this subsection (q) by the | ||||||
| 18 | agency charged with administering that provision or | ||||||
| 19 | initiative. The 24-month limitation on the adoption of | ||||||
| 20 | emergency rules does not apply to rules adopted under this | ||||||
| 21 | subsection (q). The adoption of emergency rules authorized by | ||||||
| 22 | this subsection (q) is deemed to be necessary for the public | ||||||
| 23 | interest, safety, and welfare. | ||||||
| 24 | (Source: P.A. 96-45, eff. 7-15-09; 96-958, eff. 7-1-10; | ||||||
| 25 | 96-1500, eff. 1-18-11; 97-689, eff. 6-14-12; 97-695, eff. | ||||||
| 26 | 7-1-12; revised 7-10-12.)
| ||||||
| |||||||
| |||||||
| 1 | Section 99-10. Severability. If any provision of this Act | ||||||
| 2 | or application thereof to any person or circumstance is held | ||||||
| 3 | invalid, such invalidity does not affect other provisions or | ||||||
| 4 | applications of this Act which can be given effect without the | ||||||
| 5 | invalid application or provision, and to this end the | ||||||
| 6 | provisions of this Act are declared to be severable.
| ||||||
| 7 | Section 99-95. No acceleration or delay. Where this Act | ||||||
| 8 | makes changes in a statute that is represented in this Act by | ||||||
| 9 | text that is not yet or no longer in effect (for example, a | ||||||
| 10 | Section represented by multiple versions), the use of that text | ||||||
| 11 | does not accelerate or delay the taking effect of (i) the | ||||||
| 12 | changes made by this Act or (ii) provisions derived from any | ||||||
| 13 | other Public Act.
| ||||||
| 14 | Section 99-99. Effective date. This Act takes effect upon | ||||||
| 15 | becoming law.".
| ||||||