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. LRB103 29689 KTG 56093 b LRB103 29689 KTG 56093 b LRB103 29689 KTG 56093 b A BILL FOR HB3220LRB103 29689 KTG 56093 b HB3220 LRB103 29689 KTG 56093 b HB3220 LRB103 29689 KTG 56093 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 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. LRB103 29689 KTG 56093 b LRB103 29689 KTG 56093 b LRB103 29689 KTG 56093 b A BILL FOR 305 ILCS 5/5A-12.7 LRB103 29689 KTG 56093 b HB3220 LRB103 29689 KTG 56093 b HB3220- 2 -LRB103 29689 KTG 56093 b HB3220 - 2 - LRB103 29689 KTG 56093 b HB3220 - 2 - LRB103 29689 KTG 56093 b 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 HB3220 - 2 - LRB103 29689 KTG 56093 b HB3220- 3 -LRB103 29689 KTG 56093 b HB3220 - 3 - LRB103 29689 KTG 56093 b HB3220 - 3 - LRB103 29689 KTG 56093 b 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%. HB3220 - 3 - LRB103 29689 KTG 56093 b HB3220- 4 -LRB103 29689 KTG 56093 b HB3220 - 4 - LRB103 29689 KTG 56093 b HB3220 - 4 - LRB103 29689 KTG 56093 b 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 HB3220 - 4 - LRB103 29689 KTG 56093 b HB3220- 5 -LRB103 29689 KTG 56093 b HB3220 - 5 - LRB103 29689 KTG 56093 b HB3220 - 5 - LRB103 29689 KTG 56093 b 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 HB3220 - 5 - LRB103 29689 KTG 56093 b HB3220- 6 -LRB103 29689 KTG 56093 b HB3220 - 6 - LRB103 29689 KTG 56093 b HB3220 - 6 - LRB103 29689 KTG 56093 b 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 HB3220 - 6 - LRB103 29689 KTG 56093 b HB3220- 7 -LRB103 29689 KTG 56093 b HB3220 - 7 - LRB103 29689 KTG 56093 b HB3220 - 7 - LRB103 29689 KTG 56093 b 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 HB3220 - 7 - LRB103 29689 KTG 56093 b HB3220- 8 -LRB103 29689 KTG 56093 b HB3220 - 8 - LRB103 29689 KTG 56093 b HB3220 - 8 - LRB103 29689 KTG 56093 b 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 HB3220 - 8 - LRB103 29689 KTG 56093 b HB3220- 9 -LRB103 29689 KTG 56093 b HB3220 - 9 - LRB103 29689 KTG 56093 b HB3220 - 9 - LRB103 29689 KTG 56093 b 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 HB3220 - 9 - LRB103 29689 KTG 56093 b HB3220- 10 -LRB103 29689 KTG 56093 b HB3220 - 10 - LRB103 29689 KTG 56093 b HB3220 - 10 - LRB103 29689 KTG 56093 b 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. HB3220 - 10 - LRB103 29689 KTG 56093 b HB3220- 11 -LRB103 29689 KTG 56093 b HB3220 - 11 - LRB103 29689 KTG 56093 b HB3220 - 11 - LRB103 29689 KTG 56093 b 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. HB3220 - 11 - LRB103 29689 KTG 56093 b HB3220- 12 -LRB103 29689 KTG 56093 b HB3220 - 12 - LRB103 29689 KTG 56093 b HB3220 - 12 - LRB103 29689 KTG 56093 b 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 HB3220 - 12 - LRB103 29689 KTG 56093 b HB3220- 13 -LRB103 29689 KTG 56093 b HB3220 - 13 - LRB103 29689 KTG 56093 b HB3220 - 13 - LRB103 29689 KTG 56093 b 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 HB3220 - 13 - LRB103 29689 KTG 56093 b HB3220- 14 -LRB103 29689 KTG 56093 b HB3220 - 14 - LRB103 29689 KTG 56093 b HB3220 - 14 - LRB103 29689 KTG 56093 b 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 HB3220 - 14 - LRB103 29689 KTG 56093 b HB3220- 15 -LRB103 29689 KTG 56093 b HB3220 - 15 - LRB103 29689 KTG 56093 b HB3220 - 15 - LRB103 29689 KTG 56093 b 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 HB3220 - 15 - LRB103 29689 KTG 56093 b HB3220- 16 -LRB103 29689 KTG 56093 b HB3220 - 16 - LRB103 29689 KTG 56093 b HB3220 - 16 - LRB103 29689 KTG 56093 b 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 HB3220 - 16 - LRB103 29689 KTG 56093 b HB3220- 17 -LRB103 29689 KTG 56093 b HB3220 - 17 - LRB103 29689 KTG 56093 b HB3220 - 17 - LRB103 29689 KTG 56093 b 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 HB3220 - 17 - LRB103 29689 KTG 56093 b HB3220- 18 -LRB103 29689 KTG 56093 b HB3220 - 18 - LRB103 29689 KTG 56093 b HB3220 - 18 - LRB103 29689 KTG 56093 b 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 HB3220 - 18 - LRB103 29689 KTG 56093 b HB3220- 19 -LRB103 29689 KTG 56093 b HB3220 - 19 - LRB103 29689 KTG 56093 b HB3220 - 19 - LRB103 29689 KTG 56093 b 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: HB3220 - 19 - LRB103 29689 KTG 56093 b HB3220- 20 -LRB103 29689 KTG 56093 b HB3220 - 20 - LRB103 29689 KTG 56093 b HB3220 - 20 - LRB103 29689 KTG 56093 b 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. HB3220 - 20 - LRB103 29689 KTG 56093 b HB3220- 21 -LRB103 29689 KTG 56093 b HB3220 - 21 - LRB103 29689 KTG 56093 b HB3220 - 21 - LRB103 29689 KTG 56093 b 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 HB3220 - 21 - LRB103 29689 KTG 56093 b HB3220- 22 -LRB103 29689 KTG 56093 b HB3220 - 22 - LRB103 29689 KTG 56093 b HB3220 - 22 - LRB103 29689 KTG 56093 b 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 HB3220 - 22 - LRB103 29689 KTG 56093 b HB3220- 23 -LRB103 29689 KTG 56093 b HB3220 - 23 - LRB103 29689 KTG 56093 b HB3220 - 23 - LRB103 29689 KTG 56093 b 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. HB3220 - 23 - LRB103 29689 KTG 56093 b HB3220- 24 -LRB103 29689 KTG 56093 b HB3220 - 24 - LRB103 29689 KTG 56093 b HB3220 - 24 - LRB103 29689 KTG 56093 b 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 HB3220 - 24 - LRB103 29689 KTG 56093 b HB3220- 25 -LRB103 29689 KTG 56093 b HB3220 - 25 - LRB103 29689 KTG 56093 b HB3220 - 25 - LRB103 29689 KTG 56093 b 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 HB3220 - 25 - LRB103 29689 KTG 56093 b HB3220- 26 -LRB103 29689 KTG 56093 b HB3220 - 26 - LRB103 29689 KTG 56093 b HB3220 - 26 - LRB103 29689 KTG 56093 b 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 HB3220 - 26 - LRB103 29689 KTG 56093 b HB3220- 27 -LRB103 29689 KTG 56093 b HB3220 - 27 - LRB103 29689 KTG 56093 b HB3220 - 27 - LRB103 29689 KTG 56093 b 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 HB3220 - 27 - LRB103 29689 KTG 56093 b HB3220- 28 -LRB103 29689 KTG 56093 b HB3220 - 28 - LRB103 29689 KTG 56093 b HB3220 - 28 - LRB103 29689 KTG 56093 b 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 HB3220 - 28 - LRB103 29689 KTG 56093 b HB3220- 29 -LRB103 29689 KTG 56093 b HB3220 - 29 - LRB103 29689 KTG 56093 b HB3220 - 29 - LRB103 29689 KTG 56093 b 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 HB3220 - 29 - LRB103 29689 KTG 56093 b HB3220- 30 -LRB103 29689 KTG 56093 b HB3220 - 30 - LRB103 29689 KTG 56093 b HB3220 - 30 - LRB103 29689 KTG 56093 b 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. HB3220 - 30 - LRB103 29689 KTG 56093 b HB3220- 31 -LRB103 29689 KTG 56093 b HB3220 - 31 - LRB103 29689 KTG 56093 b HB3220 - 31 - LRB103 29689 KTG 56093 b 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.) HB3220 - 31 - LRB103 29689 KTG 56093 b