103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2370 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED: 305 ILCS 5/5-5.4h Amends the Medical Assistance Article of the Illinois Public Aid Code. In a provision concerning the tiered exceptional care per diem rates for medically complex for the developmentally disabled facilities, provides that on and after January 1, 2024, each tier rate shall be increased 6% over the amount in effect December 31, 2023. Provides that any reimbursement increases applied to the base rate to providers licensed under the ID/DD Community Care Act must also be applied in an equivalent manner to each tier of exceptional care per diem rates for medically complex for the developmentally disabled facilities. Effective immediately. LRB103 28496 KTG 54877 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2370 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED: 305 ILCS 5/5-5.4h 305 ILCS 5/5-5.4h Amends the Medical Assistance Article of the Illinois Public Aid Code. In a provision concerning the tiered exceptional care per diem rates for medically complex for the developmentally disabled facilities, provides that on and after January 1, 2024, each tier rate shall be increased 6% over the amount in effect December 31, 2023. Provides that any reimbursement increases applied to the base rate to providers licensed under the ID/DD Community Care Act must also be applied in an equivalent manner to each tier of exceptional care per diem rates for medically complex for the developmentally disabled facilities. Effective immediately. LRB103 28496 KTG 54877 b LRB103 28496 KTG 54877 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2370 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED: 305 ILCS 5/5-5.4h 305 ILCS 5/5-5.4h 305 ILCS 5/5-5.4h Amends the Medical Assistance Article of the Illinois Public Aid Code. In a provision concerning the tiered exceptional care per diem rates for medically complex for the developmentally disabled facilities, provides that on and after January 1, 2024, each tier rate shall be increased 6% over the amount in effect December 31, 2023. Provides that any reimbursement increases applied to the base rate to providers licensed under the ID/DD Community Care Act must also be applied in an equivalent manner to each tier of exceptional care per diem rates for medically complex for the developmentally disabled facilities. Effective immediately. LRB103 28496 KTG 54877 b LRB103 28496 KTG 54877 b LRB103 28496 KTG 54877 b A BILL FOR HB2370LRB103 28496 KTG 54877 b HB2370 LRB103 28496 KTG 54877 b HB2370 LRB103 28496 KTG 54877 b 1 AN ACT concerning public aid. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Public Aid Code is amended by 5 changing Section 5-5.4h as follows: 6 (305 ILCS 5/5-5.4h) 7 Sec. 5-5.4h. Medicaid reimbursement for medically complex 8 for the developmentally disabled facilities licensed under the 9 MC/DD Act. 10 (a) Facilities licensed as medically complex for the 11 developmentally disabled facilities that serve severely and 12 chronically ill patients shall have a specific reimbursement 13 system designed to recognize the characteristics and needs of 14 the patients they serve. 15 (b) For dates of services starting July 1, 2013 and until a 16 new reimbursement system is designed, medically complex for 17 the developmentally disabled facilities that meet the 18 following criteria: 19 (1) serve exceptional care patients; and 20 (2) have 30% or more of their patients receiving 21 ventilator care; 22 shall receive Medicaid reimbursement on a 30-day expedited 23 schedule. 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2370 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED: 305 ILCS 5/5-5.4h 305 ILCS 5/5-5.4h 305 ILCS 5/5-5.4h Amends the Medical Assistance Article of the Illinois Public Aid Code. In a provision concerning the tiered exceptional care per diem rates for medically complex for the developmentally disabled facilities, provides that on and after January 1, 2024, each tier rate shall be increased 6% over the amount in effect December 31, 2023. Provides that any reimbursement increases applied to the base rate to providers licensed under the ID/DD Community Care Act must also be applied in an equivalent manner to each tier of exceptional care per diem rates for medically complex for the developmentally disabled facilities. Effective immediately. LRB103 28496 KTG 54877 b LRB103 28496 KTG 54877 b LRB103 28496 KTG 54877 b A BILL FOR 305 ILCS 5/5-5.4h LRB103 28496 KTG 54877 b HB2370 LRB103 28496 KTG 54877 b HB2370- 2 -LRB103 28496 KTG 54877 b HB2370 - 2 - LRB103 28496 KTG 54877 b HB2370 - 2 - LRB103 28496 KTG 54877 b 1 (c) Subject to federal approval of changes to the Title 2 XIX State Plan, for dates of services starting July 1, 2014 3 through March 31, 2019, medically complex for the 4 developmentally disabled facilities which meet the criteria in 5 subsection (b) of this Section shall receive a per diem rate 6 for clinically complex residents of $304. Clinically complex 7 residents on a ventilator shall receive a per diem rate of 8 $669. Subject to federal approval of changes to the Title XIX 9 State Plan, for dates of services starting April 1, 2019, 10 medically complex for the developmentally disabled facilities 11 must be reimbursed an exceptional care per diem rate, instead 12 of the base rate, for services to residents with complex or 13 extensive medical needs. Exceptional care per diem rates must 14 be paid for the conditions or services specified under 15 subsection (f) at the following per diem rates: Tier 1 $326, 16 Tier 2 $546, and Tier 3 $735. On and after January 1, 2024, 17 each tier rate shall be increased 6% over the amount in effect 18 December 31, 2023. Any reimbursement increases applied to the 19 base rate to providers licensed under the ID/DD Community Care 20 Act must also be applied in an equivalent manner to each tier 21 of exceptional care per diem rates for medically complex for 22 the developmentally disabled facilities. 23 (d) For residents on a ventilator pursuant to subsection 24 (c) or subsection (f), facilities shall have a policy 25 documenting their method of routine assessment of a resident's 26 weaning potential with interventions implemented noted in the HB2370 - 2 - LRB103 28496 KTG 54877 b HB2370- 3 -LRB103 28496 KTG 54877 b HB2370 - 3 - LRB103 28496 KTG 54877 b HB2370 - 3 - LRB103 28496 KTG 54877 b 1 resident's medical record. 2 (e) For services provided prior to April 1, 2019 and for 3 the purposes of this Section, a resident is considered 4 clinically complex if the resident requires at least one of 5 the following medical services: 6 (1) Tracheostomy care with dependence on mechanical 7 ventilation for a minimum of 6 hours each day. 8 (2) Tracheostomy care requiring suctioning at least 9 every 6 hours, room air mist or oxygen as needed, and 10 dependence on one of the treatment procedures listed under 11 paragraph (4) excluding the procedure listed in 12 subparagraph (A) of paragraph (4). 13 (3) Total parenteral nutrition or other intravenous 14 nutritional support and one of the treatment procedures 15 listed under paragraph (4). 16 (4) The following treatment procedures apply to the 17 conditions in paragraphs (2) and (3) of this subsection: 18 (A) Intermittent suctioning at least every 8 hours 19 and room air mist or oxygen as needed. 20 (B) Continuous intravenous therapy including 21 administration of therapeutic agents necessary for 22 hydration or of intravenous pharmaceuticals; or 23 intravenous pharmaceutical administration of more than 24 one agent via a peripheral or central line, without 25 continuous infusion. 26 (C) Peritoneal dialysis treatments requiring at HB2370 - 3 - LRB103 28496 KTG 54877 b HB2370- 4 -LRB103 28496 KTG 54877 b HB2370 - 4 - LRB103 28496 KTG 54877 b HB2370 - 4 - LRB103 28496 KTG 54877 b 1 least 4 exchanges every 24 hours. 2 (D) Tube feeding via nasogastric or gastrostomy 3 tube. 4 (E) Other medical technologies required 5 continuously, which in the opinion of the attending 6 physician require the services of a professional 7 nurse. 8 (f) Complex or extensive medical needs for exceptional 9 care reimbursement. The conditions and services used for the 10 purposes of this Section have the same meanings as ascribed to 11 those conditions and services under the Minimum Data Set (MDS) 12 Resident Assessment Instrument (RAI) and specified in the most 13 recent manual. Instead of submitting minimum data set 14 assessments to the Department, medically complex for the 15 developmentally disabled facilities must document within each 16 resident's medical record the conditions or services using the 17 minimum data set documentation standards and requirements to 18 qualify for exceptional care reimbursement. 19 (1) Tier 1 reimbursement is for residents who are 20 receiving at least 51% of their caloric intake via a 21 feeding tube. 22 (2) Tier 2 reimbursement is for residents who are 23 receiving tracheostomy care without a ventilator. 24 (3) Tier 3 reimbursement is for residents who are 25 receiving tracheostomy care and ventilator care. 26 (g) For dates of services starting April 1, 2019, HB2370 - 4 - LRB103 28496 KTG 54877 b HB2370- 5 -LRB103 28496 KTG 54877 b HB2370 - 5 - LRB103 28496 KTG 54877 b HB2370 - 5 - LRB103 28496 KTG 54877 b 1 reimbursement calculations and direct payment for services 2 provided by medically complex for the developmentally disabled 3 facilities are the responsibility of the Department of 4 Healthcare and Family Services instead of the Department of 5 Human Services. Appropriations for medically complex for the 6 developmentally disabled facilities must be shifted from the 7 Department of Human Services to the Department of Healthcare 8 and Family Services. Nothing in this Section prohibits the 9 Department of Healthcare and Family Services from paying more 10 than the rates specified in this Section. The rates in this 11 Section must be interpreted as a minimum amount. Any 12 reimbursement increases applied to providers licensed under 13 the ID/DD Community Care Act must also be applied in an 14 equivalent manner to medically complex for the developmentally 15 disabled facilities. 16 (h) The Department of Healthcare and Family Services shall 17 pay the rates in effect on March 31, 2019 until the changes 18 made to this Section by this amendatory Act of the 100th 19 General Assembly have been approved by the Centers for 20 Medicare and Medicaid Services of the U.S. Department of 21 Health and Human Services. 22 (i) The Department of Healthcare and Family Services may 23 adopt rules as allowed by the Illinois Administrative 24 Procedure Act to implement this Section; however, the 25 requirements of this Section must be implemented by the 26 Department of Healthcare and Family Services even if the HB2370 - 5 - LRB103 28496 KTG 54877 b HB2370- 6 -LRB103 28496 KTG 54877 b HB2370 - 6 - LRB103 28496 KTG 54877 b HB2370 - 6 - LRB103 28496 KTG 54877 b 1 Department of Healthcare and Family Services has not adopted 2 rules by the implementation date of April 1, 2019. 3 (Source: P.A. 100-646, eff. 7-27-18.) 4 Section 99. Effective date. This Act takes effect upon 5 becoming law. HB2370 - 6 - LRB103 28496 KTG 54877 b