103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4072 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED: 305 ILCS 5/5-47 new Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, in accordance with federal guidance issued by the federal Centers for Medicare and Medicaid Services, the Department of Healthcare and Family Services shall exempt from electronic visit verification requirements all live-in caregivers who provide Medicaid-funded personal care services or home health care services under the Illinois Title XIX State Plan or a waiver of the plan, including personal care services and home health care services provided under various home and community-based services waiver programs authorized under the Social Security Act. Defines "live-in caregiver". Grants the Department rulemaking authority. Effective immediately. LRB103 32247 KTG 61479 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4072 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED: 305 ILCS 5/5-47 new 305 ILCS 5/5-47 new Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, in accordance with federal guidance issued by the federal Centers for Medicare and Medicaid Services, the Department of Healthcare and Family Services shall exempt from electronic visit verification requirements all live-in caregivers who provide Medicaid-funded personal care services or home health care services under the Illinois Title XIX State Plan or a waiver of the plan, including personal care services and home health care services provided under various home and community-based services waiver programs authorized under the Social Security Act. Defines "live-in caregiver". Grants the Department rulemaking authority. Effective immediately. LRB103 32247 KTG 61479 b LRB103 32247 KTG 61479 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4072 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED: 305 ILCS 5/5-47 new 305 ILCS 5/5-47 new 305 ILCS 5/5-47 new Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, in accordance with federal guidance issued by the federal Centers for Medicare and Medicaid Services, the Department of Healthcare and Family Services shall exempt from electronic visit verification requirements all live-in caregivers who provide Medicaid-funded personal care services or home health care services under the Illinois Title XIX State Plan or a waiver of the plan, including personal care services and home health care services provided under various home and community-based services waiver programs authorized under the Social Security Act. Defines "live-in caregiver". Grants the Department rulemaking authority. Effective immediately. LRB103 32247 KTG 61479 b LRB103 32247 KTG 61479 b LRB103 32247 KTG 61479 b A BILL FOR HB4072LRB103 32247 KTG 61479 b HB4072 LRB103 32247 KTG 61479 b HB4072 LRB103 32247 KTG 61479 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 adding Section 5-47 as follows: 6 (305 ILCS 5/5-47 new) 7 Sec. 5-47. Electronic visit verification system; live-in 8 caregiver exemption. In accordance with federal guidance 9 issued by the federal Centers for Medicare and Medicaid 10 Services in its "CMCS Informational Bulletin" on August 8, 11 2019 that allows state Medicaid agencies to exempt live-in 12 caregivers from the electronic visit verification requirements 13 authorized under Section 12006(a) of the 21st Century Cures 14 Act (Public Law 114-255), the Department of Healthcare and 15 Family Services shall exempt from electronic visit 16 verification requirements all live-in caregivers who provide 17 Medicaid-funded personal care services or home health care 18 services under the Illinois Title XIX State Plan or a waiver of 19 the plan, including personal care services provided under 20 Section 1905(a)(24), 1915(c), 1915(i), 1915(j), 1915(k), or 21 1115 of the Social Security Act, and home health care services 22 provided under Section 1905(a)(7) of the Social Security Act 23 or under a waiver or demonstration project authorized under 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4072 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED: 305 ILCS 5/5-47 new 305 ILCS 5/5-47 new 305 ILCS 5/5-47 new Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that, in accordance with federal guidance issued by the federal Centers for Medicare and Medicaid Services, the Department of Healthcare and Family Services shall exempt from electronic visit verification requirements all live-in caregivers who provide Medicaid-funded personal care services or home health care services under the Illinois Title XIX State Plan or a waiver of the plan, including personal care services and home health care services provided under various home and community-based services waiver programs authorized under the Social Security Act. Defines "live-in caregiver". Grants the Department rulemaking authority. Effective immediately. LRB103 32247 KTG 61479 b LRB103 32247 KTG 61479 b LRB103 32247 KTG 61479 b A BILL FOR 305 ILCS 5/5-47 new LRB103 32247 KTG 61479 b HB4072 LRB103 32247 KTG 61479 b HB4072- 2 -LRB103 32247 KTG 61479 b HB4072 - 2 - LRB103 32247 KTG 61479 b HB4072 - 2 - LRB103 32247 KTG 61479 b 1 the Social Security Act. 2 As used in this Section, "live-in caregiver" means a 3 caregiver who permanently or for an extended period of time 4 resides in the same residence as the individual receiving 5 Medicaid-funded personal care services or home health care 6 services. Live-in caregiver status shall be determined by 7 meeting requirements established by the U.S. Department of 8 Labor, Internal Revenue Service, or extenuating circumstances 9 approved by the Department of Healthcare and Family Services. 10 The Department of Healthcare and Family Services may adopt 11 any rules necessary to implement this provision, including 12 rules on the form and manner in which a caregiver must verify 13 that he or she meets the definition of "live in caregiver". 14 Section 99. Effective date. This Act takes effect upon 15 becoming law. HB4072 - 2 - LRB103 32247 KTG 61479 b