103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2343

Introduced 2/10/2023, by Sen. Sara Feigenholtz

SYNOPSIS AS INTRODUCED:
305 ILCS 5/5-5.4e

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that for dates of service on and after July 1, 2023, the Department of Healthcare and Family Services shall set the per diem ventilator rate for skilled nursing facilities at a rate equal to the exceptional care per diem rate established for medically complex for the developmentally disabled facilities licensed under the MC/DD Act. Effective immediately.
LRB103 30771 KTG 57255 b

A BILL FOR

SB2343LRB103 30771 KTG 57255 b
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 5-5.4e as follows:
6 (305 ILCS 5/5-5.4e)
7 Sec. 5-5.4e. Nursing facilities; ventilator rates. On and
8after October 1, 2009, the Department of Healthcare and Family
9Services shall adopt rules to provide medical assistance
10reimbursement under this Article for the care of persons on
11ventilators in skilled nursing facilities licensed under the
12Nursing Home Care Act and certified to participate under the
13medical assistance program. Accordingly, necessary amendments
14to the rules implementing the Minimum Data Set (MDS) payment
15methodology shall also be made to provide a separate per diem
16ventilator rate based on days of service. The Department may
17adopt rules necessary to implement this amendatory Act of the
1896th General Assembly through the use of emergency rulemaking
19in accordance with Section 5-45 of the Illinois Administrative
20Procedure Act, except that the 24-month limitation on the
21adoption of emergency rules under Section 5-45 and the
22provisions of Sections 5-115 and 5-125 of that Act do not apply
23to rules adopted under this Section. For purposes of that Act,

SB2343- 2 -LRB103 30771 KTG 57255 b
1the General Assembly finds that the adoption of rules to
2implement this amendatory Act of the 96th General Assembly is
3deemed an emergency and necessary for the public interest,
4safety, and welfare.
5 On and after July 1, 2012, the Department shall reduce any
6rate of reimbursement for services or other payments or alter
7any methodologies authorized by this Code to reduce any rate
8of reimbursement for services or other payments in accordance
9with Section 5-5e.
10 For dates of service on and after July 1, 2023, the
11Department shall set the per diem ventilator rate for skilled
12nursing facilities at a rate equal to the exceptional care per
13diem rate established under Section 5-5.4h for medically
14complex for the developmentally disabled facilities licensed
15under the MC/DD Act.
16(Source: P.A. 96-743, eff. 8-25-09; 97-689, eff. 6-14-12.)
17 Section 99. Effective date. This Act takes effect upon
18becoming law.