Illinois 2023-2024 Regular Session

Illinois House Bill HB3220 Latest Draft

Bill / Introduced Version Filed 02/16/2023

                            103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3220 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:  305 ILCS 5/5A-12.7  Amends the Hospital Provider Funding Article of the Illinois Public Aid Code. Provides that in order to address the escalating infant mortality rates among minority communities in Illinois, the State shall, subject to appropriation, create a pool of funding of at least $55,000,000 (rather than $50,000,000) annually to be disbursed among safety-net hospitals that maintain perinatal designation from the Department of Public Health. Provides that $5,000,000 of this amount shall be disbursed to non-safety net hospitals that serve at least 44% Medicaid patients and handle a minimum of 1,000 births per year and are designated by the Department of Public Health as perinatal level III hospitals to maintain access to such services for Medicaid eligible mothers and babies.  LRB103 29689 KTG 56093 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3220 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:  305 ILCS 5/5A-12.7 305 ILCS 5/5A-12.7  Amends the Hospital Provider Funding Article of the Illinois Public Aid Code. Provides that in order to address the escalating infant mortality rates among minority communities in Illinois, the State shall, subject to appropriation, create a pool of funding of at least $55,000,000 (rather than $50,000,000) annually to be disbursed among safety-net hospitals that maintain perinatal designation from the Department of Public Health. Provides that $5,000,000 of this amount shall be disbursed to non-safety net hospitals that serve at least 44% Medicaid patients and handle a minimum of 1,000 births per year and are designated by the Department of Public Health as perinatal level III hospitals to maintain access to such services for Medicaid eligible mothers and babies.  LRB103 29689 KTG 56093 b     LRB103 29689 KTG 56093 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3220 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
305 ILCS 5/5A-12.7 305 ILCS 5/5A-12.7
305 ILCS 5/5A-12.7
Amends the Hospital Provider Funding Article of the Illinois Public Aid Code. Provides that in order to address the escalating infant mortality rates among minority communities in Illinois, the State shall, subject to appropriation, create a pool of funding of at least $55,000,000 (rather than $50,000,000) annually to be disbursed among safety-net hospitals that maintain perinatal designation from the Department of Public Health. Provides that $5,000,000 of this amount shall be disbursed to non-safety net hospitals that serve at least 44% Medicaid patients and handle a minimum of 1,000 births per year and are designated by the Department of Public Health as perinatal level III hospitals to maintain access to such services for Medicaid eligible mothers and babies.
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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,
3  represented in the General Assembly:
4  Section 5. The Illinois Public Aid Code is amended by
5  changing Section 5A-12.7 as follows:
6  (305 ILCS 5/5A-12.7)
7  (Section scheduled to be repealed on December 31, 2026)
8  Sec. 5A-12.7. Continuation of hospital access payments on
9  and after July 1, 2020.
10  (a) To preserve and improve access to hospital services,
11  for hospital services rendered on and after July 1, 2020, the
12  Department shall, except for hospitals described in subsection
13  (b) of Section 5A-3, make payments to hospitals or require
14  capitated managed care organizations to make payments as set
15  forth in this Section. Payments under this Section are not due
16  and payable, however, until: (i) the methodologies described
17  in this Section are approved by the federal government in an
18  appropriate State Plan amendment or directed payment preprint;
19  and (ii) the assessment imposed under this Article is
20  determined to be a permissible tax under Title XIX of the
21  Social Security Act. In determining the hospital access
22  payments authorized under subsection (g) of this Section, if a
23  hospital ceases to qualify for payments from the pool, the

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3220 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
305 ILCS 5/5A-12.7 305 ILCS 5/5A-12.7
305 ILCS 5/5A-12.7
Amends the Hospital Provider Funding Article of the Illinois Public Aid Code. Provides that in order to address the escalating infant mortality rates among minority communities in Illinois, the State shall, subject to appropriation, create a pool of funding of at least $55,000,000 (rather than $50,000,000) annually to be disbursed among safety-net hospitals that maintain perinatal designation from the Department of Public Health. Provides that $5,000,000 of this amount shall be disbursed to non-safety net hospitals that serve at least 44% Medicaid patients and handle a minimum of 1,000 births per year and are designated by the Department of Public Health as perinatal level III hospitals to maintain access to such services for Medicaid eligible mothers and babies.
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A BILL FOR

 

 

305 ILCS 5/5A-12.7



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1  payments for all hospitals continuing to qualify for payments
2  from such pool shall be uniformly adjusted to fully expend the
3  aggregate net amount of the pool, with such adjustment being
4  effective on the first day of the second month following the
5  date the hospital ceases to receive payments from such pool.
6  (b) Amounts moved into claims-based rates and distributed
7  in accordance with Section 14-12 shall remain in those
8  claims-based rates.
9  (c) Graduate medical education.
10  (1) The calculation of graduate medical education
11  payments shall be based on the hospital's Medicare cost
12  report ending in Calendar Year 2018, as reported in the
13  Healthcare Cost Report Information System file, release
14  date September 30, 2019. An Illinois hospital reporting
15  intern and resident cost on its Medicare cost report shall
16  be eligible for graduate medical education payments.
17  (2) Each hospital's annualized Medicaid Intern
18  Resident Cost is calculated using annualized intern and
19  resident total costs obtained from Worksheet B Part I,
20  Columns 21 and 22 the sum of Lines 30-43, 50-76, 90-93,
21  96-98, and 105-112 multiplied by the percentage that the
22  hospital's Medicaid days (Worksheet S3 Part I, Column 7,
23  Lines 2, 3, 4, 14, 16-18, and 32) comprise of the
24  hospital's total days (Worksheet S3 Part I, Column 8,
25  Lines 14, 16-18, and 32).
26  (3) An annualized Medicaid indirect medical education

 

 

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1  (IME) payment is calculated for each hospital using its
2  IME payments (Worksheet E Part A, Line 29, Column 1)
3  multiplied by the percentage that its Medicaid days
4  (Worksheet S3 Part I, Column 7, Lines 2, 3, 4, 14, 16-18,
5  and 32) comprise of its Medicare days (Worksheet S3 Part
6  I, Column 6, Lines 2, 3, 4, 14, and 16-18).
7  (4) For each hospital, its annualized Medicaid Intern
8  Resident Cost and its annualized Medicaid IME payment are
9  summed, and, except as capped at 120% of the average cost
10  per intern and resident for all qualifying hospitals as
11  calculated under this paragraph, is multiplied by the
12  applicable reimbursement factor as described in this
13  paragraph, to determine the hospital's final graduate
14  medical education payment. Each hospital's average cost
15  per intern and resident shall be calculated by summing its
16  total annualized Medicaid Intern Resident Cost plus its
17  annualized Medicaid IME payment and dividing that amount
18  by the hospital's total Full Time Equivalent Residents and
19  Interns. If the hospital's average per intern and resident
20  cost is greater than 120% of the same calculation for all
21  qualifying hospitals, the hospital's per intern and
22  resident cost shall be capped at 120% of the average cost
23  for all qualifying hospitals.
24  (A) For the period of July 1, 2020 through
25  December 31, 2022, the applicable reimbursement factor
26  shall be 22.6%.

 

 

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1  (B) For the period of January 1, 2023 through
2  December 31, 2026, the applicable reimbursement factor
3  shall be 35% for all qualified safety-net hospitals,
4  as defined in Section 5-5e.1 of this Code, and all
5  hospitals with 100 or more Full Time Equivalent
6  Residents and Interns, as reported on the hospital's
7  Medicare cost report ending in Calendar Year 2018, and
8  for all other qualified hospitals the applicable
9  reimbursement factor shall be 30%.
10  (d) Fee-for-service supplemental payments. For the period
11  of July 1, 2020 through December 31, 2022, each Illinois
12  hospital shall receive an annual payment equal to the amounts
13  below, to be paid in 12 equal installments on or before the
14  seventh State business day of each month, except that no
15  payment shall be due within 30 days after the later of the date
16  of notification of federal approval of the payment
17  methodologies required under this Section or any waiver
18  required under 42 CFR 433.68, at which time the sum of amounts
19  required under this Section prior to the date of notification
20  is due and payable.
21  (1) For critical access hospitals, $385 per covered
22  inpatient day contained in paid fee-for-service claims and
23  $530 per paid fee-for-service outpatient claim for dates
24  of service in Calendar Year 2019 in the Department's
25  Enterprise Data Warehouse as of May 11, 2020.
26  (2) For safety-net hospitals, $960 per covered

 

 

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1  inpatient day contained in paid fee-for-service claims and
2  $625 per paid fee-for-service outpatient claim for dates
3  of service in Calendar Year 2019 in the Department's
4  Enterprise Data Warehouse as of May 11, 2020.
5  (3) For long term acute care hospitals, $295 per
6  covered inpatient day contained in paid fee-for-service
7  claims for dates of service in Calendar Year 2019 in the
8  Department's Enterprise Data Warehouse as of May 11, 2020.
9  (4) For freestanding psychiatric hospitals, $125 per
10  covered inpatient day contained in paid fee-for-service
11  claims and $130 per paid fee-for-service outpatient claim
12  for dates of service in Calendar Year 2019 in the
13  Department's Enterprise Data Warehouse as of May 11, 2020.
14  (5) For freestanding rehabilitation hospitals, $355
15  per covered inpatient day contained in paid
16  fee-for-service claims for dates of service in Calendar
17  Year 2019 in the Department's Enterprise Data Warehouse as
18  of May 11, 2020.
19  (6) For all general acute care hospitals and high
20  Medicaid hospitals as defined in subsection (f), $350 per
21  covered inpatient day for dates of service in Calendar
22  Year 2019 contained in paid fee-for-service claims and
23  $620 per paid fee-for-service outpatient claim in the
24  Department's Enterprise Data Warehouse as of May 11, 2020.
25  (7) Alzheimer's treatment access payment. Each
26  Illinois academic medical center or teaching hospital, as

 

 

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1  defined in Section 5-5e.2 of this Code, that is identified
2  as the primary hospital affiliate of one of the Regional
3  Alzheimer's Disease Assistance Centers, as designated by
4  the Alzheimer's Disease Assistance Act and identified in
5  the Department of Public Health's Alzheimer's Disease
6  State Plan dated December 2016, shall be paid an
7  Alzheimer's treatment access payment equal to the product
8  of the qualifying hospital's State Fiscal Year 2018 total
9  inpatient fee-for-service days multiplied by the
10  applicable Alzheimer's treatment rate of $226.30 for
11  hospitals located in Cook County and $116.21 for hospitals
12  located outside Cook County.
13  (d-2) Fee-for-service supplemental payments. Beginning
14  January 1, 2023, each Illinois hospital shall receive an
15  annual payment equal to the amounts listed below, to be paid in
16  12 equal installments on or before the seventh State business
17  day of each month, except that no payment shall be due within
18  30 days after the later of the date of notification of federal
19  approval of the payment methodologies required under this
20  Section or any waiver required under 42 CFR 433.68, at which
21  time the sum of amounts required under this Section prior to
22  the date of notification is due and payable. The Department
23  may adjust the rates in paragraphs (1) through (7) to comply
24  with the federal upper payment limits, with such adjustments
25  being determined so that the total estimated spending by
26  hospital class, under such adjusted rates, remains

 

 

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1  substantially similar to the total estimated spending under
2  the original rates set forth in this subsection.
3  (1) For critical access hospitals, as defined in
4  subsection (f), $750 per covered inpatient day contained
5  in paid fee-for-service claims and $750 per paid
6  fee-for-service outpatient claim for dates of service in
7  Calendar Year 2019 in the Department's Enterprise Data
8  Warehouse as of August 6, 2021.
9  (2) For safety-net hospitals, as described in
10  subsection (f), $1,350 per inpatient day contained in paid
11  fee-for-service claims and $1,350 per paid fee-for-service
12  outpatient claim for dates of service in Calendar Year
13  2019 in the Department's Enterprise Data Warehouse as of
14  August 6, 2021.
15  (3) For long term acute care hospitals, $550 per
16  covered inpatient day contained in paid fee-for-service
17  claims for dates of service in Calendar Year 2019 in the
18  Department's Enterprise Data Warehouse as of August 6,
19  2021.
20  (4) For freestanding psychiatric hospitals, $200 per
21  covered inpatient day contained in paid fee-for-service
22  claims and $200 per paid fee-for-service outpatient claim
23  for dates of service in Calendar Year 2019 in the
24  Department's Enterprise Data Warehouse as of August 6,
25  2021.
26  (5) For freestanding rehabilitation hospitals, $550

 

 

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1  per covered inpatient day contained in paid
2  fee-for-service claims and $125 per paid fee-for-service
3  outpatient claim for dates of service in Calendar Year
4  2019 in the Department's Enterprise Data Warehouse as of
5  August 6, 2021.
6  (6) For all general acute care hospitals and high
7  Medicaid hospitals as defined in subsection (f), $500 per
8  covered inpatient day for dates of service in Calendar
9  Year 2019 contained in paid fee-for-service claims and
10  $500 per paid fee-for-service outpatient claim in the
11  Department's Enterprise Data Warehouse as of August 6,
12  2021.
13  (7) For public hospitals, as defined in subsection
14  (f), $275 per covered inpatient day contained in paid
15  fee-for-service claims and $275 per paid fee-for-service
16  outpatient claim for dates of service in Calendar Year
17  2019 in the Department's Enterprise Data Warehouse as of
18  August 6, 2021.
19  (8) Alzheimer's treatment access payment. Each
20  Illinois academic medical center or teaching hospital, as
21  defined in Section 5-5e.2 of this Code, that is identified
22  as the primary hospital affiliate of one of the Regional
23  Alzheimer's Disease Assistance Centers, as designated by
24  the Alzheimer's Disease Assistance Act and identified in
25  the Department of Public Health's Alzheimer's Disease
26  State Plan dated December 2016, shall be paid an

 

 

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1  Alzheimer's treatment access payment equal to the product
2  of the qualifying hospital's Calendar Year 2019 total
3  inpatient fee-for-service days, in the Department's
4  Enterprise Data Warehouse as of August 6, 2021, multiplied
5  by the applicable Alzheimer's treatment rate of $244.37
6  for hospitals located in Cook County and $312.03 for
7  hospitals located outside Cook County.
8  (e) The Department shall require managed care
9  organizations (MCOs) to make directed payments and
10  pass-through payments according to this Section. Each calendar
11  year, the Department shall require MCOs to pay the maximum
12  amount out of these funds as allowed as pass-through payments
13  under federal regulations. The Department shall require MCOs
14  to make such pass-through payments as specified in this
15  Section. The Department shall require the MCOs to pay the
16  remaining amounts as directed Payments as specified in this
17  Section. The Department shall issue payments to the
18  Comptroller by the seventh business day of each month for all
19  MCOs that are sufficient for MCOs to make the directed
20  payments and pass-through payments according to this Section.
21  The Department shall require the MCOs to make pass-through
22  payments and directed payments using electronic funds
23  transfers (EFT), if the hospital provides the information
24  necessary to process such EFTs, in accordance with directions
25  provided monthly by the Department, within 7 business days of
26  the date the funds are paid to the MCOs, as indicated by the

 

 

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1  "Paid Date" on the website of the Office of the Comptroller if
2  the funds are paid by EFT and the MCOs have received directed
3  payment instructions. If funds are not paid through the
4  Comptroller by EFT, payment must be made within 7 business
5  days of the date actually received by the MCO. The MCO will be
6  considered to have paid the pass-through payments when the
7  payment remittance number is generated or the date the MCO
8  sends the check to the hospital, if EFT information is not
9  supplied. If an MCO is late in paying a pass-through payment or
10  directed payment as required under this Section (including any
11  extensions granted by the Department), it shall pay a penalty,
12  unless waived by the Department for reasonable cause, to the
13  Department equal to 5% of the amount of the pass-through
14  payment or directed payment not paid on or before the due date
15  plus 5% of the portion thereof remaining unpaid on the last day
16  of each 30-day period thereafter. Payments to MCOs that would
17  be paid consistent with actuarial certification and enrollment
18  in the absence of the increased capitation payments under this
19  Section shall not be reduced as a consequence of payments made
20  under this subsection. The Department shall publish and
21  maintain on its website for a period of no less than 8 calendar
22  quarters, the quarterly calculation of directed payments and
23  pass-through payments owed to each hospital from each MCO. All
24  calculations and reports shall be posted no later than the
25  first day of the quarter for which the payments are to be
26  issued.

 

 

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1  (f)(1) For purposes of allocating the funds included in
2  capitation payments to MCOs, Illinois hospitals shall be
3  divided into the following classes as defined in
4  administrative rules:
5  (A) Beginning July 1, 2020 through December 31, 2022,
6  critical access hospitals. Beginning January 1, 2023,
7  "critical access hospital" means a hospital designated by
8  the Department of Public Health as a critical access
9  hospital, excluding any hospital meeting the definition of
10  a public hospital in subparagraph (F).
11  (B) Safety-net hospitals, except that stand-alone
12  children's hospitals that are not specialty children's
13  hospitals will not be included. For the calendar year
14  beginning January 1, 2023, and each calendar year
15  thereafter, assignment to the safety-net class shall be
16  based on the annual safety-net rate year beginning 15
17  months before the beginning of the first Payout Quarter of
18  the calendar year.
19  (C) Long term acute care hospitals.
20  (D) Freestanding psychiatric hospitals.
21  (E) Freestanding rehabilitation hospitals.
22  (F) Beginning January 1, 2023, "public hospital" means
23  a hospital that is owned or operated by an Illinois
24  Government body or municipality, excluding a hospital
25  provider that is a State agency, a State university, or a
26  county with a population of 3,000,000 or more.

 

 

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1  (G) High Medicaid hospitals.
2  (i) As used in this Section, "high Medicaid
3  hospital" means a general acute care hospital that:
4  (I) For the payout periods July 1, 2020
5  through December 31, 2022, is not a safety-net
6  hospital or critical access hospital and that has
7  a Medicaid Inpatient Utilization Rate above 30% or
8  a hospital that had over 35,000 inpatient Medicaid
9  days during the applicable period. For the period
10  July 1, 2020 through December 31, 2020, the
11  applicable period for the Medicaid Inpatient
12  Utilization Rate (MIUR) is the rate year 2020 MIUR
13  and for the number of inpatient days it is State
14  fiscal year 2018. Beginning in calendar year 2021,
15  the Department shall use the most recently
16  determined MIUR, as defined in subsection (h) of
17  Section 5-5.02, and for the inpatient day
18  threshold, the State fiscal year ending 18 months
19  prior to the beginning of the calendar year. For
20  purposes of calculating MIUR under this Section,
21  children's hospitals and affiliated general acute
22  care hospitals shall be considered a single
23  hospital.
24  (II) For the calendar year beginning January
25  1, 2023, and each calendar year thereafter, is not
26  a public hospital, safety-net hospital, or

 

 

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1  critical access hospital and that qualifies as a
2  regional high volume hospital or is a hospital
3  that has a Medicaid Inpatient Utilization Rate
4  (MIUR) above 30%. As used in this item, "regional
5  high volume hospital" means a hospital which ranks
6  in the top 2 quartiles based on total hospital
7  services volume, of all eligible general acute
8  care hospitals, when ranked in descending order
9  based on total hospital services volume, within
10  the same Medicaid managed care region, as
11  designated by the Department, as of January 1,
12  2022. As used in this item, "total hospital
13  services volume" means the total of all Medical
14  Assistance hospital inpatient admissions plus all
15  Medical Assistance hospital outpatient visits. For
16  purposes of determining regional high volume
17  hospital inpatient admissions and outpatient
18  visits, the Department shall use dates of service
19  provided during State Fiscal Year 2020 for the
20  Payout Quarter beginning January 1, 2023. The
21  Department shall use dates of service from the
22  State fiscal year ending 18 month before the
23  beginning of the first Payout Quarter of the
24  subsequent annual determination period.
25  (ii) For the calendar year beginning January 1,
26  2023, the Department shall use the Rate Year 2022

 

 

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1  Medicaid inpatient utilization rate (MIUR), as defined
2  in subsection (h) of Section 5-5.02. For each
3  subsequent annual determination, the Department shall
4  use the MIUR applicable to the rate year ending
5  September 30 of the year preceding the beginning of
6  the calendar year.
7  (H) General acute care hospitals. As used under this
8  Section, "general acute care hospitals" means all other
9  Illinois hospitals not identified in subparagraphs (A)
10  through (G).
11  (2) Hospitals' qualification for each class shall be
12  assessed prior to the beginning of each calendar year and the
13  new class designation shall be effective January 1 of the next
14  year. The Department shall publish by rule the process for
15  establishing class determination.
16  (g) Fixed pool directed payments. Beginning July 1, 2020,
17  the Department shall issue payments to MCOs which shall be
18  used to issue directed payments to qualified Illinois
19  safety-net hospitals and critical access hospitals on a
20  monthly basis in accordance with this subsection. Prior to the
21  beginning of each Payout Quarter beginning July 1, 2020, the
22  Department shall use encounter claims data from the
23  Determination Quarter, accepted by the Department's Medicaid
24  Management Information System for inpatient and outpatient
25  services rendered by safety-net hospitals and critical access
26  hospitals to determine a quarterly uniform per unit add-on for

 

 

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1  each hospital class.
2  (1) Inpatient per unit add-on. A quarterly uniform per
3  diem add-on shall be derived by dividing the quarterly
4  Inpatient Directed Payments Pool amount allocated to the
5  applicable hospital class by the total inpatient days
6  contained on all encounter claims received during the
7  Determination Quarter, for all hospitals in the class.
8  (A) Each hospital in the class shall have a
9  quarterly inpatient directed payment calculated that
10  is equal to the product of the number of inpatient days
11  attributable to the hospital used in the calculation
12  of the quarterly uniform class per diem add-on,
13  multiplied by the calculated applicable quarterly
14  uniform class per diem add-on of the hospital class.
15  (B) Each hospital shall be paid 1/3 of its
16  quarterly inpatient directed payment in each of the 3
17  months of the Payout Quarter, in accordance with
18  directions provided to each MCO by the Department.
19  (2) Outpatient per unit add-on. A quarterly uniform
20  per claim add-on shall be derived by dividing the
21  quarterly Outpatient Directed Payments Pool amount
22  allocated to the applicable hospital class by the total
23  outpatient encounter claims received during the
24  Determination Quarter, for all hospitals in the class.
25  (A) Each hospital in the class shall have a
26  quarterly outpatient directed payment calculated that

 

 

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1  is equal to the product of the number of outpatient
2  encounter claims attributable to the hospital used in
3  the calculation of the quarterly uniform class per
4  claim add-on, multiplied by the calculated applicable
5  quarterly uniform class per claim add-on of the
6  hospital class.
7  (B) Each hospital shall be paid 1/3 of its
8  quarterly outpatient directed payment in each of the 3
9  months of the Payout Quarter, in accordance with
10  directions provided to each MCO by the Department.
11  (3) Each MCO shall pay each hospital the Monthly
12  Directed Payment as identified by the Department on its
13  quarterly determination report.
14  (4) Definitions. As used in this subsection:
15  (A) "Payout Quarter" means each 3 month calendar
16  quarter, beginning July 1, 2020.
17  (B) "Determination Quarter" means each 3 month
18  calendar quarter, which ends 3 months prior to the
19  first day of each Payout Quarter.
20  (5) For the period July 1, 2020 through December 2020,
21  the following amounts shall be allocated to the following
22  hospital class directed payment pools for the quarterly
23  development of a uniform per unit add-on:
24  (A) $2,894,500 for hospital inpatient services for
25  critical access hospitals.
26  (B) $4,294,374 for hospital outpatient services

 

 

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1  for critical access hospitals.
2  (C) $29,109,330 for hospital inpatient services
3  for safety-net hospitals.
4  (D) $35,041,218 for hospital outpatient services
5  for safety-net hospitals.
6  (6) For the period January 1, 2023 through December
7  31, 2023, the Department shall establish the amounts that
8  shall be allocated to the hospital class directed payment
9  fixed pools identified in this paragraph for the quarterly
10  development of a uniform per unit add-on. The Department
11  shall establish such amounts so that the total amount of
12  payments to each hospital under this Section in calendar
13  year 2023 is projected to be substantially similar to the
14  total amount of such payments received by the hospital
15  under this Section in calendar year 2021, adjusted for
16  increased funding provided for fixed pool directed
17  payments under subsection (g) in calendar year 2022,
18  assuming that the volume and acuity of claims are held
19  constant. The Department shall publish the directed
20  payment fixed pool amounts to be established under this
21  paragraph on its website by November 15, 2022.
22  (A) Hospital inpatient services for critical
23  access hospitals.
24  (B) Hospital outpatient services for critical
25  access hospitals.
26  (C) Hospital inpatient services for public

 

 

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1  hospitals.
2  (D) Hospital outpatient services for public
3  hospitals.
4  (E) Hospital inpatient services for safety-net
5  hospitals.
6  (F) Hospital outpatient services for safety-net
7  hospitals.
8  (7) Semi-annual rate maintenance review. The
9  Department shall ensure that hospitals assigned to the
10  fixed pools in paragraph (6) are paid no less than 95% of
11  the annual initial rate for each 6-month period of each
12  annual payout period. For each calendar year, the
13  Department shall calculate the annual initial rate per day
14  and per visit for each fixed pool hospital class listed in
15  paragraph (6), by dividing the total of all applicable
16  inpatient or outpatient directed payments issued in the
17  preceding calendar year to the hospitals in each fixed
18  pool class for the calendar year, plus any increase
19  resulting from the annual adjustments described in
20  subsection (i), by the actual applicable total service
21  units for the preceding calendar year which were the basis
22  of the total applicable inpatient or outpatient directed
23  payments issued to the hospitals in each fixed pool class
24  in the calendar year, except that for calendar year 2023,
25  the service units from calendar year 2021 shall be used.
26  (A) The Department shall calculate the effective

 

 

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1  rate, per day and per visit, for the payout periods of
2  January to June and July to December of each year, for
3  each fixed pool listed in paragraph (6), by dividing
4  50% of the annual pool by the total applicable
5  reported service units for the 2 applicable
6  determination quarters.
7  (B) If the effective rate calculated in
8  subparagraph (A) is less than 95% of the annual
9  initial rate assigned to the class for each pool under
10  paragraph (6), the Department shall adjust the payment
11  for each hospital to a level equal to no less than 95%
12  of the annual initial rate, by issuing a retroactive
13  adjustment payment for the 6-month period under review
14  as identified in subparagraph (A).
15  (h) Fixed rate directed payments. Effective July 1, 2020,
16  the Department shall issue payments to MCOs which shall be
17  used to issue directed payments to Illinois hospitals not
18  identified in paragraph (g) on a monthly basis. Prior to the
19  beginning of each Payout Quarter beginning July 1, 2020, the
20  Department shall use encounter claims data from the
21  Determination Quarter, accepted by the Department's Medicaid
22  Management Information System for inpatient and outpatient
23  services rendered by hospitals in each hospital class
24  identified in paragraph (f) and not identified in paragraph
25  (g). For the period July 1, 2020 through December 2020, the
26  Department shall direct MCOs to make payments as follows:

 

 

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1  (1) For general acute care hospitals an amount equal
2  to $1,750 multiplied by the hospital's category of service
3  20 case mix index for the determination quarter multiplied
4  by the hospital's total number of inpatient admissions for
5  category of service 20 for the determination quarter.
6  (2) For general acute care hospitals an amount equal
7  to $160 multiplied by the hospital's category of service
8  21 case mix index for the determination quarter multiplied
9  by the hospital's total number of inpatient admissions for
10  category of service 21 for the determination quarter.
11  (3) For general acute care hospitals an amount equal
12  to $80 multiplied by the hospital's category of service 22
13  case mix index for the determination quarter multiplied by
14  the hospital's total number of inpatient admissions for
15  category of service 22 for the determination quarter.
16  (4) For general acute care hospitals an amount equal
17  to $375 multiplied by the hospital's category of service
18  24 case mix index for the determination quarter multiplied
19  by the hospital's total number of category of service 24
20  paid EAPG (EAPGs) for the determination quarter.
21  (5) For general acute care hospitals an amount equal
22  to $240 multiplied by the hospital's category of service
23  27 and 28 case mix index for the determination quarter
24  multiplied by the hospital's total number of category of
25  service 27 and 28 paid EAPGs for the determination
26  quarter.

 

 

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1  (6) For general acute care hospitals an amount equal
2  to $290 multiplied by the hospital's category of service
3  29 case mix index for the determination quarter multiplied
4  by the hospital's total number of category of service 29
5  paid EAPGs for the determination quarter.
6  (7) For high Medicaid hospitals an amount equal to
7  $1,800 multiplied by the hospital's category of service 20
8  case mix index for the determination quarter multiplied by
9  the hospital's total number of inpatient admissions for
10  category of service 20 for the determination quarter.
11  (8) For high Medicaid hospitals an amount equal to
12  $160 multiplied by the hospital's category of service 21
13  case mix index for the determination quarter multiplied by
14  the hospital's total number of inpatient admissions for
15  category of service 21 for the determination quarter.
16  (9) For high Medicaid hospitals an amount equal to $80
17  multiplied by the hospital's category of service 22 case
18  mix index for the determination quarter multiplied by the
19  hospital's total number of inpatient admissions for
20  category of service 22 for the determination quarter.
21  (10) For high Medicaid hospitals an amount equal to
22  $400 multiplied by the hospital's category of service 24
23  case mix index for the determination quarter multiplied by
24  the hospital's total number of category of service 24 paid
25  EAPG outpatient claims for the determination quarter.
26  (11) For high Medicaid hospitals an amount equal to

 

 

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1  $240 multiplied by the hospital's category of service 27
2  and 28 case mix index for the determination quarter
3  multiplied by the hospital's total number of category of
4  service 27 and 28 paid EAPGs for the determination
5  quarter.
6  (12) For high Medicaid hospitals an amount equal to
7  $290 multiplied by the hospital's category of service 29
8  case mix index for the determination quarter multiplied by
9  the hospital's total number of category of service 29 paid
10  EAPGs for the determination quarter.
11  (13) For long term acute care hospitals the amount of
12  $495 multiplied by the hospital's total number of
13  inpatient days for the determination quarter.
14  (14) For psychiatric hospitals the amount of $210
15  multiplied by the hospital's total number of inpatient
16  days for category of service 21 for the determination
17  quarter.
18  (15) For psychiatric hospitals the amount of $250
19  multiplied by the hospital's total number of outpatient
20  claims for category of service 27 and 28 for the
21  determination quarter.
22  (16) For rehabilitation hospitals the amount of $410
23  multiplied by the hospital's total number of inpatient
24  days for category of service 22 for the determination
25  quarter.
26  (17) For rehabilitation hospitals the amount of $100

 

 

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1  multiplied by the hospital's total number of outpatient
2  claims for category of service 29 for the determination
3  quarter.
4  (18) Effective for the Payout Quarter beginning
5  January 1, 2023, for the directed payments to hospitals
6  required under this subsection, the Department shall
7  establish the amounts that shall be used to calculate such
8  directed payments using the methodologies specified in
9  this paragraph. The Department shall use a single, uniform
10  rate, adjusted for acuity as specified in paragraphs (1)
11  through (12), for all categories of inpatient services
12  provided by each class of hospitals and a single uniform
13  rate, adjusted for acuity as specified in paragraphs (1)
14  through (12), for all categories of outpatient services
15  provided by each class of hospitals. The Department shall
16  establish such amounts so that the total amount of
17  payments to each hospital under this Section in calendar
18  year 2023 is projected to be substantially similar to the
19  total amount of such payments received by the hospital
20  under this Section in calendar year 2021, adjusted for
21  increased funding provided for fixed pool directed
22  payments under subsection (g) in calendar year 2022,
23  assuming that the volume and acuity of claims are held
24  constant. The Department shall publish the directed
25  payment amounts to be established under this subsection on
26  its website by November 15, 2022.

 

 

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1  (19) Each hospital shall be paid 1/3 of their
2  quarterly inpatient and outpatient directed payment in
3  each of the 3 months of the Payout Quarter, in accordance
4  with directions provided to each MCO by the Department.
5  20 Each MCO shall pay each hospital the Monthly
6  Directed Payment amount as identified by the Department on
7  its quarterly determination report.
8  Notwithstanding any other provision of this subsection, if
9  the Department determines that the actual total hospital
10  utilization data that is used to calculate the fixed rate
11  directed payments is substantially different than anticipated
12  when the rates in this subsection were initially determined
13  for unforeseeable circumstances (such as the COVID-19 pandemic
14  or some other public health emergency), the Department may
15  adjust the rates specified in this subsection so that the
16  total directed payments approximate the total spending amount
17  anticipated when the rates were initially established.
18  Definitions. As used in this subsection:
19  (A) "Payout Quarter" means each calendar quarter,
20  beginning July 1, 2020.
21  (B) "Determination Quarter" means each calendar
22  quarter which ends 3 months prior to the first day of
23  each Payout Quarter.
24  (C) "Case mix index" means a hospital specific
25  calculation. For inpatient claims the case mix index
26  is calculated each quarter by summing the relative

 

 

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1  weight of all inpatient Diagnosis-Related Group (DRG)
2  claims for a category of service in the applicable
3  Determination Quarter and dividing the sum by the
4  number of sum total of all inpatient DRG admissions
5  for the category of service for the associated claims.
6  The case mix index for outpatient claims is calculated
7  each quarter by summing the relative weight of all
8  paid EAPGs in the applicable Determination Quarter and
9  dividing the sum by the sum total of paid EAPGs for the
10  associated claims.
11  (i) Beginning January 1, 2021, the rates for directed
12  payments shall be recalculated in order to spend the
13  additional funds for directed payments that result from
14  reduction in the amount of pass-through payments allowed under
15  federal regulations. The additional funds for directed
16  payments shall be allocated proportionally to each class of
17  hospitals based on that class' proportion of services.
18  (1) Beginning January 1, 2024, the fixed pool directed
19  payment amounts and the associated annual initial rates
20  referenced in paragraph (6) of subsection (f) for each
21  hospital class shall be uniformly increased by a ratio of
22  not less than, the ratio of the total pass-through
23  reduction amount pursuant to paragraph (4) of subsection
24  (j), for the hospitals comprising the hospital fixed pool
25  directed payment class for the next calendar year, to the
26  total inpatient and outpatient directed payments for the

 

 

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1  hospitals comprising the hospital fixed pool directed
2  payment class paid during the preceding calendar year.
3  (2) Beginning January 1, 2024, the fixed rates for the
4  directed payments referenced in paragraph (18) of
5  subsection (h) for each hospital class shall be uniformly
6  increased by a ratio of not less than, the ratio of the
7  total pass-through reduction amount pursuant to paragraph
8  (4) of subsection (j), for the hospitals comprising the
9  hospital directed payment class for the next calendar
10  year, to the total inpatient and outpatient directed
11  payments for the hospitals comprising the hospital fixed
12  rate directed payment class paid during the preceding
13  calendar year.
14  (j) Pass-through payments.
15  (1) For the period July 1, 2020 through December 31,
16  2020, the Department shall assign quarterly pass-through
17  payments to each class of hospitals equal to one-fourth of
18  the following annual allocations:
19  (A) $390,487,095 to safety-net hospitals.
20  (B) $62,553,886 to critical access hospitals.
21  (C) $345,021,438 to high Medicaid hospitals.
22  (D) $551,429,071 to general acute care hospitals.
23  (E) $27,283,870 to long term acute care hospitals.
24  (F) $40,825,444 to freestanding psychiatric
25  hospitals.
26  (G) $9,652,108 to freestanding rehabilitation

 

 

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1  hospitals.
2  (2) For the period of July 1, 2020 through December
3  31, 2020, the pass-through payments shall at a minimum
4  ensure hospitals receive a total amount of monthly
5  payments under this Section as received in calendar year
6  2019 in accordance with this Article and paragraph (1) of
7  subsection (d-5) of Section 14-12, exclusive of amounts
8  received through payments referenced in subsection (b).
9  (3) For the calendar year beginning January 1, 2023,
10  the Department shall establish the annual pass-through
11  allocation to each class of hospitals and the pass-through
12  payments to each hospital so that the total amount of
13  payments to each hospital under this Section in calendar
14  year 2023 is projected to be substantially similar to the
15  total amount of such payments received by the hospital
16  under this Section in calendar year 2021, adjusted for
17  increased funding provided for fixed pool directed
18  payments under subsection (g) in calendar year 2022,
19  assuming that the volume and acuity of claims are held
20  constant. The Department shall publish the pass-through
21  allocation to each class and the pass-through payments to
22  each hospital to be established under this subsection on
23  its website by November 15, 2022.
24  (4) For the calendar years beginning January 1, 2021,
25  January 1, 2022, and January 1, 2024, and each calendar
26  year thereafter, each hospital's pass-through payment

 

 

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1  amount shall be reduced proportionally to the reduction of
2  all pass-through payments required by federal regulations.
3  (k) At least 30 days prior to each calendar year, the
4  Department shall notify each hospital of changes to the
5  payment methodologies in this Section, including, but not
6  limited to, changes in the fixed rate directed payment rates,
7  the aggregate pass-through payment amount for all hospitals,
8  and the hospital's pass-through payment amount for the
9  upcoming calendar year.
10  (l) Notwithstanding any other provisions of this Section,
11  the Department may adopt rules to change the methodology for
12  directed and pass-through payments as set forth in this
13  Section, but only to the extent necessary to obtain federal
14  approval of a necessary State Plan amendment or Directed
15  Payment Preprint or to otherwise conform to federal law or
16  federal regulation.
17  (m) As used in this subsection, "managed care
18  organization" or "MCO" means an entity which contracts with
19  the Department to provide services where payment for medical
20  services is made on a capitated basis, excluding contracted
21  entities for dual eligible or Department of Children and
22  Family Services youth populations.
23  (n) In order to address the escalating infant mortality
24  rates among minority communities in Illinois, the State shall,
25  subject to appropriation, create a pool of funding of at least
26  $55,000,000 $50,000,000 annually to be disbursed among

 

 

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1  safety-net hospitals that maintain perinatal designation from
2  the Department of Public Health. The funding shall be used to
3  preserve or enhance OB/GYN services or other specialty
4  services at the receiving hospital, with the distribution of
5  funding to be established by rule and with consideration to
6  perinatal hospitals with safe birthing levels and quality
7  metrics for healthy mothers and babies. In addition,
8  $5,000,000 of this amount shall be disbursed to non-safety net
9  hospitals that serve at least 44% Medicaid patients and handle
10  a minimum of 1,000 births per year and are designated by the
11  Department of Public Health as perinatal level III hospitals
12  to maintain access to such services for Medicaid eligible
13  mothers and babies.
14  (o) In order to address the growing challenges of
15  providing stable access to healthcare in rural Illinois,
16  including perinatal services, behavioral healthcare including
17  substance use disorder services (SUDs) and other specialty
18  services, and to expand access to telehealth services among
19  rural communities in Illinois, the Department of Healthcare
20  and Family Services, subject to appropriation, shall
21  administer a program to provide at least $10,000,000 in
22  financial support annually to critical access hospitals for
23  delivery of perinatal and OB/GYN services, behavioral
24  healthcare including SUDS, other specialty services and
25  telehealth services. The funding shall be used to preserve or
26  enhance perinatal and OB/GYN services, behavioral healthcare

 

 

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1  including SUDS, other specialty services, as well as the
2  explanation of telehealth services by the receiving hospital,
3  with the distribution of funding to be established by rule.
4  (p) For calendar year 2023, the final amounts, rates, and
5  payments under subsections (c), (d-2), (g), (h), and (j) shall
6  be established by the Department, so that the sum of the total
7  estimated annual payments under subsections (c), (d-2), (g),
8  (h), and (j) for each hospital class for calendar year 2023, is
9  no less than:
10  (1) $858,260,000 to safety-net hospitals.
11  (2) $86,200,000 to critical access hospitals.
12  (3) $1,765,000,000 to high Medicaid hospitals.
13  (4) $673,860,000 to general acute care hospitals.
14  (5) $48,330,000 to long term acute care hospitals.
15  (6) $89,110,000 to freestanding psychiatric hospitals.
16  (7) $24,300,000 to freestanding rehabilitation
17  hospitals.
18  (8) $32,570,000 to public hospitals.
19  (q) Hospital Pandemic Recovery Stabilization Payments. The
20  Department shall disburse a pool of $460,000,000 in stability
21  payments to hospitals prior to April 1, 2023. The allocation
22  of the pool shall be based on the hospital directed payment
23  classes and directed payments issued, during Calendar Year
24  2022 with added consideration to safety net hospitals, as
25  defined in subdivision (f)(1)(B) of this Section, and critical
26  access hospitals.

 

 

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1  (Source: P.A. 101-650, eff. 7-7-20; 102-4, eff. 4-27-21;
2  102-16, eff. 6-17-21; 102-886, eff. 5-17-22; 102-1115, eff.
3  1-9-23.)

 

 

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