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

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2375

Introduced , by Rep. Robyn Gabel

SYNOPSIS AS INTRODUCED:
305 ILCS 5/5-5.01a

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.
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A BILL FOR

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1 AN ACT concerning public aid.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Public Aid Code is amended by
5changing Section 5-5.01a as follows:
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
9for a program of supportive living facilities that seek to
10promote resident independence, dignity, respect, and
11well-being in the most cost-effective manner.
12 A supportive living facility is (i) a free-standing
13facility or (ii) a distinct physical and operational entity
14within a mixed-use building that meets the criteria
15established in subsection (d). A supportive living facility
16integrates housing with health, personal care, and supportive
17services and is a designated setting that offers residents
18their own separate, private, and distinct living units.
19 Sites for the operation of the program shall be selected
20by the Department based upon criteria that may include the
21need for services in a geographic area, the availability of
22funding, and the site's ability to meet the standards.
23 Beginning January 1, 2026, the Department shall

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1electronically publicize a list of sites selected in
2accordance with this Section. The list shall be updated at
3least once annually.
4 (b) Beginning July 1, 2014, subject to federal approval,
5the Medicaid rates for supportive living facilities shall be
6equal to the supportive living facility Medicaid rate
7effective on June 30, 2014 increased by 8.85%. Once the
8assessment imposed at Article V-G of this Code is determined
9to be a permissible tax under Title XIX of the Social Security
10Act, the Department shall increase the Medicaid rates for
11supportive living facilities effective on July 1, 2014 by
129.09%. The Department shall apply this increase retroactively
13to coincide with the imposition of the assessment in Article
14V-G of this Code in accordance with the approval for federal
15financial participation by the Centers for Medicare and
16Medicaid Services.
17 The Medicaid rates for supportive living facilities
18effective on July 1, 2017 must be equal to the rates in effect
19for supportive living facilities on June 30, 2017 increased by
202.8%.
21 The Medicaid rates for supportive living facilities
22effective on July 1, 2018 must be equal to the rates in effect
23for supportive living facilities on June 30, 2018.
24 Subject to federal approval, the Medicaid rates for
25supportive living services on and after July 1, 2019 must be at
26least 54.3% of the average total nursing facility services per

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1diem for the geographic areas defined by the Department while
2maintaining the rate differential for dementia care and must
3be updated whenever the total nursing facility service per
4diems are updated. Beginning July 1, 2022, upon the
5implementation of the Patient Driven Payment Model, Medicaid
6rates for supportive living services must be at least 54.3% of
7the average total nursing services per diem rate for the
8geographic areas. For purposes of this provision, the average
9total nursing services per diem rate shall include all add-ons
10for nursing facilities for the geographic area provided for in
11Section 5-5.2. The rate differential for dementia care must be
12maintained in these rates and the rates shall be updated
13whenever nursing facility per diem rates are updated.
14 Subject to federal approval, beginning January 1, 2024,
15the dementia care rate for supportive living services must be
16no less than the non-dementia care supportive living services
17rate multiplied by 1.5.
18 (b-5) Subject to federal approval, beginning January 1,
192025, Medicaid rates for supportive living services must be at
20least 54.75% of the average total nursing services per diem
21rate for the geographic areas defined by the Department and
22shall include all add-ons for nursing facilities for the
23geographic area provided for in Section 5-5.2.
24 (c) The Department may adopt rules to implement this
25Section. Rules that establish or modify the services,
26standards, and conditions for participation in the program

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1shall be adopted by the Department in consultation with the
2Department on Aging, the Department of Rehabilitation
3Services, and the Department of Mental Health and
4Developmental Disabilities (or their successor agencies).
5 (d) Subject to federal approval by the Centers for
6Medicare and Medicaid Services, the Department shall accept
7for consideration of certification under the program any
8application for a site or building where distinct parts of the
9site or building are designated for purposes other than the
10provision 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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1selected as supportive living facilities and are in good
2standing with the Department's rules are exempt from the
3provisions of the Nursing Home Care Act and the Illinois
4Health 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
7assistance percentage for supportive living services for a
812-month period from April 1, 2021 through March 31, 2022.
9Subject to federal approval, including the approval of any
10necessary waiver amendments or other federally required
11documents or assurances, for a 12-month period the Department
12must pay a supplemental $26 per diem rate to all supportive
13living facilities with the additional federal financial
14participation funds that result from the enhanced federal
15medical assistance percentage from April 1, 2021 through March
1631, 2022. The Department may issue parameters around how the
17supplemental payment should be spent, including quality
18improvement activities. The Department may alter the form,
19methods, or timeframes concerning the supplemental per diem
20rate to comply with any subsequent changes to federal law,
21changes made by guidance issued by the federal Centers for
22Medicare and Medicaid Services, or other changes necessary to
23receive the enhanced federal medical assistance percentage.
24 (g) All applications for the expansion of supportive
25living dementia care settings involving sites not approved by
26the Department by January 1, 2024 (Public Act 103-102) may

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1allow new elderly non-dementia units in addition to new
2dementia care units. The Department may approve such
3applications only if the application has: (1) no more than one
4non-dementia care unit for each dementia care unit and (2) the
5site is not located within 4 miles of an existing supportive
6living program site in Cook County (including the City of
7Chicago), not located within 12 miles of an existing
8supportive living program site in Alexander, Bond, Boone,
9Calhoun, Champaign, Clinton, DeKalb, DuPage, Fulton, Grundy,
10Henry, Jackson, Jersey, Johnson, Kane, Kankakee, Kendall,
11Lake, Macon, Macoupin, Madison, Marshall, McHenry, McLean,
12Menard, Mercer, Monroe, Peoria, Piatt, Rock Island, Sangamon,
13Stark, St. Clair, Tazewell, Vermilion, Will, Williamson,
14Winnebago, or Woodford counties, or not located within 25
15miles of an existing supportive living program site in any
16other county.
17 (h) Beginning January 1, 2025, subject to federal
18approval, for a person who is a resident of a supportive living
19facility under this Section, the monthly personal needs
20allowance shall be $120 per month.
21 (i) (h) As stated in the supportive living program home
22and community-based service waiver approved by the federal
23Centers for Medicare and Medicaid Services, and beginning July
241, 2025, the Department must maintain the rate add-on
25implemented on January 1, 2023 for the provision of 2 meals per
26day at no less than $6.15 per day.

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