Bill Text: IL SB3719 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning ambulance services payments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB3719 Detail]
Download: Illinois-2011-SB3719-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,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Public Aid Code is amended by | |||||||||||||||||||
5 | changing Section 5-4.2 as follows:
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6 | (305 ILCS 5/5-4.2) (from Ch. 23, par. 5-4.2)
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7 | Sec. 5-4.2. Ambulance services payments. | |||||||||||||||||||
8 | (a) For
ambulance
services provided to a recipient of aid | |||||||||||||||||||
9 | under this this Article on or after
January 1, 1993, the | |||||||||||||||||||
10 | Illinois Department shall reimburse ambulance service
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11 | providers at rates calculated in accordance with this Section. | |||||||||||||||||||
12 | It is the intent
of the General Assembly to provide adequate | |||||||||||||||||||
13 | reimbursement for ambulance
services so as to ensure adequate | |||||||||||||||||||
14 | access to services for recipients of aid
under this Article and | |||||||||||||||||||
15 | to provide appropriate incentives to ambulance service
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16 | providers to provide services in an efficient and | |||||||||||||||||||
17 | cost-effective manner. Thus,
it is the intent of the General | |||||||||||||||||||
18 | Assembly that the Illinois Department implement
a | |||||||||||||||||||
19 | reimbursement system for ambulance services that, to the extent | |||||||||||||||||||
20 | practicable
and subject to the availability of funds | |||||||||||||||||||
21 | appropriated by the General Assembly
for this purpose, is | |||||||||||||||||||
22 | consistent with the payment principles of Medicare. To
ensure | |||||||||||||||||||
23 | uniformity between the payment principles of Medicare and |
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1 | Medicaid, the
Illinois Department shall follow, to the extent | ||||||
2 | necessary and practicable and
subject to the availability of | ||||||
3 | funds appropriated by the General Assembly for
this purpose, | ||||||
4 | the statutes, laws, regulations, policies, procedures,
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5 | principles, definitions, guidelines, and manuals used to | ||||||
6 | determine the amounts
paid to ambulance service providers under | ||||||
7 | Title XVIII of the Social Security
Act (Medicare).
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8 | (b) For ambulance services provided to a recipient of aid | ||||||
9 | under this Article
on or after January 1, 1996, the Illinois | ||||||
10 | Department shall reimburse ambulance
service providers based | ||||||
11 | upon the actual distance traveled if a natural
disaster, | ||||||
12 | weather conditions, road repairs, or traffic congestion | ||||||
13 | necessitates
the use of a
route other than the most direct | ||||||
14 | route.
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15 | (c) For purposes of this Section, "ambulance services" | ||||||
16 | includes medical
transportation services provided by means of | ||||||
17 | an ambulance, medi-car, service
car, or
taxi.
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18 | (c-1) For purposes of this Section, "ground ambulance | ||||||
19 | service" means medical transportation services that are | ||||||
20 | described as ground ambulance services by the Centers for | ||||||
21 | Medicare and Medicaid Services and provided in a vehicle that | ||||||
22 | is licensed as an ambulance by the Illinois Department of | ||||||
23 | Public Health pursuant to the Emergency Medical Services (EMS) | ||||||
24 | Systems Act. | ||||||
25 | (c-2) For purposes of this Section, "ground ambulance | ||||||
26 | service provider" means a vehicle service provider as described |
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1 | in the Emergency Medical Services (EMS) Systems Act that | ||||||
2 | operates licensed ambulances for the purpose of providing | ||||||
3 | emergency ambulance services, or non-emergency ambulance | ||||||
4 | services, or both. For purposes of this Section, this includes | ||||||
5 | both ambulance providers and ambulance suppliers as described | ||||||
6 | by the Centers for Medicare and Medicaid Services. | ||||||
7 | (d) This Section does not prohibit separate billing by | ||||||
8 | ambulance service
providers for oxygen furnished while | ||||||
9 | providing advanced life support
services.
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10 | (e) Beginning with services rendered on or after July 1, | ||||||
11 | 2008, all providers of non-emergency medi-car and service car | ||||||
12 | transportation must certify that the driver and employee | ||||||
13 | attendant, as applicable, have completed a safety program | ||||||
14 | approved by the Department to protect both the patient and the | ||||||
15 | driver, prior to transporting a patient.
The provider must | ||||||
16 | maintain this certification in its records. The provider shall | ||||||
17 | produce such documentation upon demand by the Department or its | ||||||
18 | representative. Failure to produce documentation of such | ||||||
19 | training shall result in recovery of any payments made by the | ||||||
20 | Department for services rendered by a non-certified driver or | ||||||
21 | employee attendant. Medi-car and service car providers must | ||||||
22 | maintain legible documentation in their records of the driver | ||||||
23 | and, as applicable, employee attendant that actually | ||||||
24 | transported the patient. Providers must recertify all drivers | ||||||
25 | and employee attendants every 3 years.
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26 | Notwithstanding the requirements above, any public |
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1 | transportation provider of medi-car and service car | ||||||
2 | transportation that receives federal funding under 49 U.S.C. | ||||||
3 | 5307 and 5311 need not certify its drivers and employee | ||||||
4 | attendants under this Section, since safety training is already | ||||||
5 | federally mandated.
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6 | (f) With respect to any policy or program administered by | ||||||
7 | the Department or its agent regarding approval of non-emergency | ||||||
8 | medical transportation by ground ambulance service providers, | ||||||
9 | including, but not limited to, the Non-Emergency | ||||||
10 | Transportation Services Prior Approval Program (NETSPAP), the | ||||||
11 | Department shall establish by rule a process by which ground | ||||||
12 | ambulance service providers of non-emergency medical | ||||||
13 | transportation may appeal any decision by the Department or its | ||||||
14 | agent for which no denial was received prior to the time of | ||||||
15 | transport that either (i) denies a request for approval for | ||||||
16 | payment of non-emergency transportation by means of ground | ||||||
17 | ambulance service or (ii) grants a request for approval of | ||||||
18 | non-emergency transportation by means of ground ambulance | ||||||
19 | service at a level of service that entitles the ground | ||||||
20 | ambulance service provider to a lower level of compensation | ||||||
21 | from the Department than the ground ambulance service provider | ||||||
22 | would have received as compensation for the level of service | ||||||
23 | requested. The rule shall be established within 12 months after | ||||||
24 | the effective date of this amendatory Act of the 97th General | ||||||
25 | Assembly and shall provide that, for any decision rendered by | ||||||
26 | the Department or its agent on or after the date the rule takes |
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1 | effect, the ground ambulance service provider shall have 60 | ||||||
2 | days from the date the decision is received to file an appeal. | ||||||
3 | The rule established by the Department shall be, insofar as is | ||||||
4 | practical, consistent with the Illinois Administrative | ||||||
5 | Procedure Act. The Director's decision on an appeal under this | ||||||
6 | Section shall be a final administrative decision subject to | ||||||
7 | review under the Administrative Review Law. | ||||||
8 | (Source: P.A. 97-584, eff. 8-26-11.)
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