Bill Text: IL HB2375 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Medical Assistance Article of the Illinois Public Aid Code. In a provision requiring the Department of Healthcare and Family Services to establish and provide oversight for a program of supportive living facilities (SLFs), provides that beginning January 1, 2026, the Department shall electronically publicize a list of SLF sites selected in accordance with the Code. Requires the list to be updated at least once annually.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-31 - Filed with the Clerk by Rep. Robyn Gabel [HB2375 Detail]
Download: Illinois-2025-HB2375-Introduced.html
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1 | AN ACT concerning public aid.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Public Aid Code is amended by | |||||||||||||||||||
5 | changing Section 5-5.01a as follows:
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6 | (305 ILCS 5/5-5.01a) | |||||||||||||||||||
7 | Sec. 5-5.01a. Supportive living facilities program. | |||||||||||||||||||
8 | (a) The Department shall establish and provide oversight | |||||||||||||||||||
9 | for a program of supportive living facilities that seek to | |||||||||||||||||||
10 | promote resident independence, dignity, respect, and | |||||||||||||||||||
11 | well-being in the most cost-effective manner. | |||||||||||||||||||
12 | A supportive living facility is (i) a free-standing | |||||||||||||||||||
13 | facility or (ii) a distinct physical and operational entity | |||||||||||||||||||
14 | within a mixed-use building that meets the criteria | |||||||||||||||||||
15 | established in subsection (d). A supportive living facility | |||||||||||||||||||
16 | integrates housing with health, personal care, and supportive | |||||||||||||||||||
17 | services and is a designated setting that offers residents | |||||||||||||||||||
18 | their own separate, private, and distinct living units. | |||||||||||||||||||
19 | Sites for the operation of the program shall be selected | |||||||||||||||||||
20 | by the Department based upon criteria that may include the | |||||||||||||||||||
21 | need for services in a geographic area, the availability of | |||||||||||||||||||
22 | funding, and the site's ability to meet the standards. | |||||||||||||||||||
23 | Beginning January 1, 2026, the Department shall |
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1 | electronically publicize a list of sites selected in | ||||||
2 | accordance with this Section. The list shall be updated at | ||||||
3 | least once annually. | ||||||
4 | (b) Beginning July 1, 2014, subject to federal approval, | ||||||
5 | the Medicaid rates for supportive living facilities shall be | ||||||
6 | equal to the supportive living facility Medicaid rate | ||||||
7 | effective on June 30, 2014 increased by 8.85%. Once the | ||||||
8 | assessment imposed at Article V-G of this Code is determined | ||||||
9 | to be a permissible tax under Title XIX of the Social Security | ||||||
10 | Act, the Department shall increase the Medicaid rates for | ||||||
11 | supportive living facilities effective on July 1, 2014 by | ||||||
12 | 9.09%. The Department shall apply this increase retroactively | ||||||
13 | to coincide with the imposition of the assessment in Article | ||||||
14 | V-G of this Code in accordance with the approval for federal | ||||||
15 | financial participation by the Centers for Medicare and | ||||||
16 | Medicaid Services. | ||||||
17 | The Medicaid rates for supportive living facilities | ||||||
18 | effective on July 1, 2017 must be equal to the rates in effect | ||||||
19 | for supportive living facilities on June 30, 2017 increased by | ||||||
20 | 2.8%. | ||||||
21 | The Medicaid rates for supportive living facilities | ||||||
22 | effective on July 1, 2018 must be equal to the rates in effect | ||||||
23 | for supportive living facilities on June 30, 2018. | ||||||
24 | Subject to federal approval, the Medicaid rates for | ||||||
25 | supportive living services on and after July 1, 2019 must be at | ||||||
26 | least 54.3% of the average total nursing facility services per |
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1 | diem for the geographic areas defined by the Department while | ||||||
2 | maintaining the rate differential for dementia care and must | ||||||
3 | be updated whenever the total nursing facility service per | ||||||
4 | diems are updated. Beginning July 1, 2022, upon the | ||||||
5 | implementation of the Patient Driven Payment Model, Medicaid | ||||||
6 | rates for supportive living services must be at least 54.3% of | ||||||
7 | the average total nursing services per diem rate for the | ||||||
8 | geographic areas. For purposes of this provision, the average | ||||||
9 | total nursing services per diem rate shall include all add-ons | ||||||
10 | for nursing facilities for the geographic area provided for in | ||||||
11 | Section 5-5.2. The rate differential for dementia care must be | ||||||
12 | maintained in these rates and the rates shall be updated | ||||||
13 | whenever nursing facility per diem rates are updated. | ||||||
14 | Subject to federal approval, beginning January 1, 2024, | ||||||
15 | the dementia care rate for supportive living services must be | ||||||
16 | no less than the non-dementia care supportive living services | ||||||
17 | rate multiplied by 1.5. | ||||||
18 | (b-5) Subject to federal approval, beginning January 1, | ||||||
19 | 2025, Medicaid rates for supportive living services must be at | ||||||
20 | least 54.75% of the average total nursing services per diem | ||||||
21 | rate for the geographic areas defined by the Department and | ||||||
22 | shall include all add-ons for nursing facilities for the | ||||||
23 | geographic area provided for in Section 5-5.2. | ||||||
24 | (c) The Department may adopt rules to implement this | ||||||
25 | Section. Rules that establish or modify the services, | ||||||
26 | standards, and conditions for participation in the program |
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1 | shall be adopted by the Department in consultation with the | ||||||
2 | Department on Aging, the Department of Rehabilitation | ||||||
3 | Services, and the Department of Mental Health and | ||||||
4 | Developmental Disabilities (or their successor agencies). | ||||||
5 | (d) Subject to federal approval by the Centers for | ||||||
6 | Medicare and Medicaid Services, the Department shall accept | ||||||
7 | for consideration of certification under the program any | ||||||
8 | application for a site or building where distinct parts of the | ||||||
9 | site or building are designated for purposes other than the | ||||||
10 | provision of supportive living services, but only if: | ||||||
11 | (1) those distinct parts of the site or building are | ||||||
12 | not designated for the purpose of providing assisted | ||||||
13 | living services as required under the Assisted Living and | ||||||
14 | Shared Housing Act; | ||||||
15 | (2) those distinct parts of the site or building are | ||||||
16 | completely separate from the part of the building used for | ||||||
17 | the provision of supportive living program services, | ||||||
18 | including separate entrances; | ||||||
19 | (3) those distinct parts of the site or building do | ||||||
20 | not share any common spaces with the part of the building | ||||||
21 | used for the provision of supportive living program | ||||||
22 | services; and | ||||||
23 | (4) those distinct parts of the site or building do | ||||||
24 | not share staffing with the part of the building used for | ||||||
25 | the provision of supportive living program services. | ||||||
26 | (e) Facilities or distinct parts of facilities which are |
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1 | selected as supportive living facilities and are in good | ||||||
2 | standing with the Department's rules are exempt from the | ||||||
3 | provisions of the Nursing Home Care Act and the Illinois | ||||||
4 | Health Facilities Planning Act. | ||||||
5 | (f) Section 9817 of the American Rescue Plan Act of 2021 | ||||||
6 | (Public Law 117-2) authorizes a 10% enhanced federal medical | ||||||
7 | assistance percentage for supportive living services for a | ||||||
8 | 12-month period from April 1, 2021 through March 31, 2022. | ||||||
9 | Subject to federal approval, including the approval of any | ||||||
10 | necessary waiver amendments or other federally required | ||||||
11 | documents or assurances, for a 12-month period the Department | ||||||
12 | must pay a supplemental $26 per diem rate to all supportive | ||||||
13 | living facilities with the additional federal financial | ||||||
14 | participation funds that result from the enhanced federal | ||||||
15 | medical assistance percentage from April 1, 2021 through March | ||||||
16 | 31, 2022. The Department may issue parameters around how the | ||||||
17 | supplemental payment should be spent, including quality | ||||||
18 | improvement activities. The Department may alter the form, | ||||||
19 | methods, or timeframes concerning the supplemental per diem | ||||||
20 | rate to comply with any subsequent changes to federal law, | ||||||
21 | changes made by guidance issued by the federal Centers for | ||||||
22 | Medicare and Medicaid Services, or other changes necessary to | ||||||
23 | receive the enhanced federal medical assistance percentage. | ||||||
24 | (g) All applications for the expansion of supportive | ||||||
25 | living dementia care settings involving sites not approved by | ||||||
26 | the Department by January 1, 2024 (Public Act 103-102) may |
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1 | allow new elderly non-dementia units in addition to new | ||||||
2 | dementia care units. The Department may approve such | ||||||
3 | applications only if the application has: (1) no more than one | ||||||
4 | non-dementia care unit for each dementia care unit and (2) the | ||||||
5 | site is not located within 4 miles of an existing supportive | ||||||
6 | living program site in Cook County (including the City of | ||||||
7 | Chicago), not located within 12 miles of an existing | ||||||
8 | supportive living program site in Alexander, Bond, Boone, | ||||||
9 | Calhoun, Champaign, Clinton, DeKalb, DuPage , Fulton, Grundy, | ||||||
10 | Henry, Jackson, Jersey, Johnson, Kane, Kankakee, Kendall, | ||||||
11 | Lake, Macon, Macoupin, Madison, Marshall, McHenry, McLean, | ||||||
12 | Menard, Mercer, Monroe, Peoria, Piatt, Rock Island, Sangamon, | ||||||
13 | Stark, St. Clair, Tazewell, Vermilion, Will, Williamson, | ||||||
14 | Winnebago, or Woodford counties, or not located within 25 | ||||||
15 | miles of an existing supportive living program site in any | ||||||
16 | other county. | ||||||
17 | (h) Beginning January 1, 2025, subject to federal | ||||||
18 | approval, for a person who is a resident of a supportive living | ||||||
19 | facility under this Section, the monthly personal needs | ||||||
20 | allowance shall be $120 per month. | ||||||
21 | (i) (h) As stated in the supportive living program home | ||||||
22 | and community-based service waiver approved by the federal | ||||||
23 | Centers for Medicare and Medicaid Services, and beginning July | ||||||
24 | 1, 2025, the Department must maintain the rate add-on | ||||||
25 | implemented on January 1, 2023 for the provision of 2 meals per | ||||||
26 | day at no less than $6.15 per day. |
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