Bill Text: IL SB3756 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that from funds appropriated, directly or indirectly, from moneys received by the State from the Coronavirus State Fiscal Recovery Fund for Fiscal Years 2021 and 2022, the Department of Healthcare and Family Services shall continue to expend such funds only for purposes permitted by Section 9901 of the American Rescue Plan Act of 2021 (ARPA) and related federal guidance. Provides that such expenditures may include, but are not limited to: payments to providers for costs incurred due to the COVID-19 public health emergency; unreimbursed costs for testing and treatment of uninsured Illinois residents; and expenditures permitted in order to address (i) disparities in public health outcomes, (ii) nursing and other essential health care workforce investments, (iii) the exacerbation of pre-existing disparities, and (iv) the promotion of healthy childhood environments. Requires the Department to continue to make payments to long-term care service providers and facilities, for purposes related to financial support for the long-term care industry and front line workers, but only as permitted by Section 9901 of the American Rescue Plan Act of 2021. Requires nursing facilities to spend 60% of funds received as a direct pass-through to front line workers on pandemic bonus pay to employees and on temporary benefits, such as day care or other related benefits. Permits nursing facilities to spend the remaining 40% of the distributions on other financial support for their workers provided on or after December 1, 2021, or on other ARPA permitted purposes including, but not limited to: (i) the payment of education expenses to enhance direct care staff recruitment; (ii) enhanced and expanded training for nursing facility staff; and on other specified purposes. Requires providers to sign award agreements and to submit proposed monthly budgets for the use of funds prior to the release of funds. Provides that the Department shall have the authority to audit and potentially recoup funds not utilized as outlined and attested. Requires the Department to redistribute to providers any remaining, returned, or recouped funds by June 30, 2022. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-06-15 - Chief Sponsor Changed to Sen. Don Harmon [SB3756 Detail]

Download: Illinois-2021-SB3756-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3756 Introduced 1/21/2022, by Sen. Rachelle Crowe SYNOPSIS AS INTRODUCED:
305 ILCS 5/5-5.7 from Ch. 23, par. 5-5.7
Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that from funds appropriated, directly or indirectly, from moneys received by the State from the Coronavirus State Fiscal Recovery Fund for Fiscal Years 2021 and 2022, the Department of Healthcare and Family Services shall continue to expend such funds only for purposes permitted by Section 9901 of the American Rescue Plan Act of 2021 (ARPA) and related federal guidance. Provides that such expenditures may include, but are not limited to: payments to providers for costs incurred due to the COVID-19 public health emergency; unreimbursed costs for testing and treatment of uninsured Illinois residents; and expenditures permitted in order to address (i) disparities in public health outcomes, (ii) nursing and other essential health care workforce investments, (iii) the exacerbation of pre-existing disparities, and (iv) the promotion of healthy childhood environments. Requires the Department to continue to make payments to long-term care service providers and facilities, for purposes related to financial support for the long-term care industry and front line workers, but only as permitted by Section 9901 of the American Rescue Plan Act of 2021. Requires nursing facilities to spend 60% of funds received as a direct pass-through to front line workers on pandemic bonus pay to employees and on temporary benefits, such as day care or other related benefits. Permits nursing facilities to spend the remaining 40% of the distributions on other financial support for their workers provided on or after December 1, 2021, or on other ARPA permitted purposes including, but not limited to: (i) the payment of education expenses to enhance direct care staff recruitment; (ii) enhanced and expanded training for nursing facility staff; and on other specified purposes. Requires providers to sign award agreements and to submit proposed monthly budgets for the use of funds prior to the release of funds. Provides that the Department shall have the authority to audit and potentially recoup funds not utilized as outlined and attested. Requires the Department to redistribute to providers any remaining, returned, or recouped funds by June 30, 2022. Effective immediately.
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A BILL FOR
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AN ACT concerning public aid.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
changing Section 5-5.7 as follows:
(305 ILCS 5/5-5.7) (from Ch. 23, par. 5-5.7)
Sec. 5-5.7. Cost reports - audits.
(a) The Department of Healthcare and Family Services shall
work with the Department of Public Health to use cost report
information currently being collected under provisions of the
Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, the ID/DD Community Care Act, and
the MC/DD Act. The Department of Healthcare and Family
Services may, in conjunction with the Department of Public
Health, develop in accordance with generally accepted
accounting principles a uniform chart of accounts which each
facility providing services under the medical assistance
program shall adopt, after a reasonable period.
Facilities licensed under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, the
ID/DD Community Care Act, or the MC/DD Act and providers of
adult developmental training services certified by the
Department of Human Services pursuant to Section 15.2 of the

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Mental Health and Developmental Disabilities Administrative
Act which provide services to clients eligible for medical
assistance under this Article are responsible for submitting
the required annual cost report to the Department of
Healthcare and Family Services.
The Department of Healthcare and Family Services shall
audit the financial and statistical records of each provider
participating in the medical assistance program as a nursing
facility, a specialized mental health rehabilitation facility,
or an ICF/DD over a 3 year period, beginning with the close of
the first cost reporting year. Following the end of this
3-year term, audits of the financial and statistical records
will be performed each year in at least 20% of the facilities
participating in the medical assistance program with at least
10% being selected on a random sample basis, and the remainder
selected on the basis of exceptional profiles. All audits
shall be conducted in accordance with generally accepted
auditing standards.
The Department of Healthcare and Family Services shall
establish prospective payment rates for categories or levels
of services within each licensure class, in order to more
appropriately recognize the individual needs of patients in
nursing facilities.
The Department of Healthcare and Family Services shall
provide, during the process of establishing the payment rate
for nursing facility, specialized mental health rehabilitation

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facility, or ICF/DD services, or when a substantial change in
rates is proposed, an opportunity for public review and
comment on the proposed rates prior to their becoming
effective.
(b) Pandemic related payments for long-term care service
providers and facilities.
(1) Expenditures. From funds appropriated, directly or
indirectly, from moneys received by the State from the
Coronavirus State Fiscal Recovery Fund for Fiscal Years
2021 and 2022, the Department shall continue to expend
such funds only for purposes permitted by Section 9901 of
the American Rescue Plan Act of 2021 (ARPA) and related
federal guidance. Such expenditures may include, but are
not limited to: payments to providers for costs incurred
due to the COVID-19 public health emergency; unreimbursed
costs for testing and treatment of uninsured Illinois
residents; the costs of COVID-19 mitigation and
prevention; medical expenses related to aftercare or
extended care for COVID-19 patients with longer term
symptoms and effects; the costs of behavioral health care;
the costs of public health and safety staff; and
expenditures permitted in order to address (i) disparities
in public health outcomes, (ii) nursing and other
essential health care workforce investments, (iii) the
exacerbation of pre-existing disparities, and (iv) the
promotion of healthy childhood environments.

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The Department shall continue to make payments to long
term-care service providers and facilities, for purposes
related to financial support for the long-term care
industry and front line workers, but only as permitted by
Section 9901 of the American Rescue Plan Act of 2021 and
related federal guidance, including, but not limited to,
the following: $225,000,000, where at least $135,000,000
(60%) of the funds shall be passed directly to front-line
workers, and $90,000,000 (40%) for COVID-19 related
provider expenses allowable by the American Rescue Plan
Act of 2021 and related federal guidance.
The $225,000,000 appropriation shall be distributed in
one lump sum payment to long-term care service providers
within 30 days after the effective date of this amendatory
Act of the 102nd General Assembly. ARPA fund recipients
shall have one year after receiving the lump sum
distribution from the Department to expend those ARPA
funds.
The Department shall utilize the same methodology for
determining each long-term care service provider's payment
as used to distribute the $75,000,000 appropriation for
the first quarter of Fiscal Year 2022, which utilized the
staffing data based on nursing hours from the federal
Payroll Based Journal for the second quarter of Fiscal
Year 2021. The per nursing hour allocation for the 3
quarter-lump sum distribution, or $225,000,000, shall be

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$13.29 per nursing hour or 3 times the allocation for the
first quarter of Fiscal Year 2022, or $4.43.
(2) Nursing facilities.
(A) Nursing facilities are required to spend 60%
of funds received as a direct pass-through to front
line workers on the following pandemic-related uses:
(i) pandemic bonus pay to employees on or
after December 1, 2021 (hazard, hero, premium pay
and premium wages, or other temporary wage
increases); and
(ii) temporary benefits, such as day care or
other related benefits, provided December 1, 2021
or later.
(B) Nursing facilities may spend the remaining 40%
of the distributions on either the uses listed in
subparagraph (A) or on other financial support for
their workers provided on or after December 1, 2021,
or on other purposes permitted by Section 9901 of the
American Rescue Plan Act of 2021 and related federal
guidance, including, but not limited to, the following
expenditures made on or after December 1, 2021:
(i) the payment of education expenses to
enhance direct care staff recruitment;
(ii) enhanced and expanded training for
nursing facility staff to better achieve patient
outcomes, such as training on infection control,

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proper personal protective equipment, best
practices in quality of care, and culturally
competent patient communications;
(iii) additional forms of pandemic-related
financial support for the nursing facility
workforce (to be specified by the provider);
(iv) costs incurred due to the COVID-19 public
health emergency;
(v) unreimbursed costs for testing and
treatment of COVID-19;
(vi) costs incurred due to COVID-19 mitigation
and prevention;
(vii) medical expenses related to aftercare or
extended care for COVID-19 patients with longer
term symptoms and effects;
(viii) vaccine bonuses;
(ix) signing bonuses for new hires;
(x) the cost of temporary nursing agencies; or
(xi) the cost of personal protective
equipment.
(3) Award agreements. Providers shall sign award
agreements and shall submit proposed monthly budgets for
the use of funds prior to the release of funds. The
Department shall have the authority to audit and
potentially recoup funds not utilized as outlined and
attested. The Department shall redistribute to providers

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any remaining, returned, or recouped funds by June 30,
2022.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.