Illinois 2025-2026 Regular Session

Illinois House Bill HB2375 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2375 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED: 305 ILCS 5/5-5.01a Amends the Medical Assistance Article of the Illinois Public Aid Code. In a provision requiring the Department of Healthcare and Family Services to establish and provide oversight for a program of supportive living facilities (SLFs), provides that beginning January 1, 2026, the Department shall electronically publicize a list of SLF sites selected in accordance with the Code. Requires the list to be updated at least once annually. LRB104 10005 KTG 20075 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2375 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED: 305 ILCS 5/5-5.01a 305 ILCS 5/5-5.01a Amends the Medical Assistance Article of the Illinois Public Aid Code. In a provision requiring the Department of Healthcare and Family Services to establish and provide oversight for a program of supportive living facilities (SLFs), provides that beginning January 1, 2026, the Department shall electronically publicize a list of SLF sites selected in accordance with the Code. Requires the list to be updated at least once annually. LRB104 10005 KTG 20075 b LRB104 10005 KTG 20075 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2375 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED:
3	3	305 ILCS 5/5-5.01a 305 ILCS 5/5-5.01a
4	4	305 ILCS 5/5-5.01a
5	5	Amends the Medical Assistance Article of the Illinois Public Aid Code. In a provision requiring the Department of Healthcare and Family Services to establish and provide oversight for a program of supportive living facilities (SLFs), provides that beginning January 1, 2026, the Department shall electronically publicize a list of SLF sites selected in accordance with the Code. Requires the list to be updated at least once annually.
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11	11	1 AN ACT concerning public aid.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Public Aid Code is amended by
15	15	5 changing Section 5-5.01a as follows:
16	16	6 (305 ILCS 5/5-5.01a)
17	17	7 Sec. 5-5.01a. Supportive living facilities program.
18	18	8 (a) The Department shall establish and provide oversight
19	19	9 for a program of supportive living facilities that seek to
20	20	10 promote resident independence, dignity, respect, and
21	21	11 well-being in the most cost-effective manner.
22	22	12 A supportive living facility is (i) a free-standing
23	23	13 facility or (ii) a distinct physical and operational entity
24	24	14 within a mixed-use building that meets the criteria
25	25	15 established in subsection (d). A supportive living facility
26	26	16 integrates housing with health, personal care, and supportive
27	27	17 services and is a designated setting that offers residents
28	28	18 their own separate, private, and distinct living units.
29	29	19 Sites for the operation of the program shall be selected
30	30	20 by the Department based upon criteria that may include the
31	31	21 need for services in a geographic area, the availability of
32	32	22 funding, and the site's ability to meet the standards.
33	33	23 Beginning January 1, 2026, the Department shall
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2375 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED:
38	38	305 ILCS 5/5-5.01a 305 ILCS 5/5-5.01a
39	39	305 ILCS 5/5-5.01a
40	40	Amends the Medical Assistance Article of the Illinois Public Aid Code. In a provision requiring the Department of Healthcare and Family Services to establish and provide oversight for a program of supportive living facilities (SLFs), provides that beginning January 1, 2026, the Department shall electronically publicize a list of SLF sites selected in accordance with the Code. Requires the list to be updated at least once annually.
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49	49	305 ILCS 5/5-5.01a
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68	68	1 electronically publicize a list of sites selected in
69	69	2 accordance with this Section. The list shall be updated at
70	70	3 least once annually.
71	71	4 (b) Beginning July 1, 2014, subject to federal approval,
72	72	5 the Medicaid rates for supportive living facilities shall be
73	73	6 equal to the supportive living facility Medicaid rate
74	74	7 effective on June 30, 2014 increased by 8.85%. Once the
75	75	8 assessment imposed at Article V-G of this Code is determined
76	76	9 to be a permissible tax under Title XIX of the Social Security
77	77	10 Act, the Department shall increase the Medicaid rates for
78	78	11 supportive living facilities effective on July 1, 2014 by
79	79	12 9.09%. The Department shall apply this increase retroactively
80	80	13 to coincide with the imposition of the assessment in Article
81	81	14 V-G of this Code in accordance with the approval for federal
82	82	15 financial participation by the Centers for Medicare and
83	83	16 Medicaid Services.
84	84	17 The Medicaid rates for supportive living facilities
85	85	18 effective on July 1, 2017 must be equal to the rates in effect
86	86	19 for supportive living facilities on June 30, 2017 increased by
87	87	20 2.8%.
88	88	21 The Medicaid rates for supportive living facilities
89	89	22 effective on July 1, 2018 must be equal to the rates in effect
90	90	23 for supportive living facilities on June 30, 2018.
91	91	24 Subject to federal approval, the Medicaid rates for
92	92	25 supportive living services on and after July 1, 2019 must be at
93	93	26 least 54.3% of the average total nursing facility services per
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104	104	1 diem for the geographic areas defined by the Department while
105	105	2 maintaining the rate differential for dementia care and must
106	106	3 be updated whenever the total nursing facility service per
107	107	4 diems are updated. Beginning July 1, 2022, upon the
108	108	5 implementation of the Patient Driven Payment Model, Medicaid
109	109	6 rates for supportive living services must be at least 54.3% of
110	110	7 the average total nursing services per diem rate for the
111	111	8 geographic areas. For purposes of this provision, the average
112	112	9 total nursing services per diem rate shall include all add-ons
113	113	10 for nursing facilities for the geographic area provided for in
114	114	11 Section 5-5.2. The rate differential for dementia care must be
115	115	12 maintained in these rates and the rates shall be updated
116	116	13 whenever nursing facility per diem rates are updated.
117	117	14 Subject to federal approval, beginning January 1, 2024,
118	118	15 the dementia care rate for supportive living services must be
119	119	16 no less than the non-dementia care supportive living services
120	120	17 rate multiplied by 1.5.
121	121	18 (b-5) Subject to federal approval, beginning January 1,
122	122	19 2025, Medicaid rates for supportive living services must be at
123	123	20 least 54.75% of the average total nursing services per diem
124	124	21 rate for the geographic areas defined by the Department and
125	125	22 shall include all add-ons for nursing facilities for the
126	126	23 geographic area provided for in Section 5-5.2.
127	127	24 (c) The Department may adopt rules to implement this
128	128	25 Section. Rules that establish or modify the services,
129	129	26 standards, and conditions for participation in the program
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140	140	1 shall be adopted by the Department in consultation with the
141	141	2 Department on Aging, the Department of Rehabilitation
142	142	3 Services, and the Department of Mental Health and
143	143	4 Developmental Disabilities (or their successor agencies).
144	144	5 (d) Subject to federal approval by the Centers for
145	145	6 Medicare and Medicaid Services, the Department shall accept
146	146	7 for consideration of certification under the program any
147	147	8 application for a site or building where distinct parts of the
148	148	9 site or building are designated for purposes other than the
149	149	10 provision of supportive living services, but only if:
150	150	11 (1) those distinct parts of the site or building are
151	151	12 not designated for the purpose of providing assisted
152	152	13 living services as required under the Assisted Living and
153	153	14 Shared Housing Act;
154	154	15 (2) those distinct parts of the site or building are
155	155	16 completely separate from the part of the building used for
156	156	17 the provision of supportive living program services,
157	157	18 including separate entrances;
158	158	19 (3) those distinct parts of the site or building do
159	159	20 not share any common spaces with the part of the building
160	160	21 used for the provision of supportive living program
161	161	22 services; and
162	162	23 (4) those distinct parts of the site or building do
163	163	24 not share staffing with the part of the building used for
164	164	25 the provision of supportive living program services.
165	165	26 (e) Facilities or distinct parts of facilities which are
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176	176	1 selected as supportive living facilities and are in good
177	177	2 standing with the Department's rules are exempt from the
178	178	3 provisions of the Nursing Home Care Act and the Illinois
179	179	4 Health Facilities Planning Act.
180	180	5 (f) Section 9817 of the American Rescue Plan Act of 2021
181	181	6 (Public Law 117-2) authorizes a 10% enhanced federal medical
182	182	7 assistance percentage for supportive living services for a
183	183	8 12-month period from April 1, 2021 through March 31, 2022.
184	184	9 Subject to federal approval, including the approval of any
185	185	10 necessary waiver amendments or other federally required
186	186	11 documents or assurances, for a 12-month period the Department
187	187	12 must pay a supplemental $26 per diem rate to all supportive
188	188	13 living facilities with the additional federal financial
189	189	14 participation funds that result from the enhanced federal
190	190	15 medical assistance percentage from April 1, 2021 through March
191	191	16 31, 2022. The Department may issue parameters around how the
192	192	17 supplemental payment should be spent, including quality
193	193	18 improvement activities. The Department may alter the form,
194	194	19 methods, or timeframes concerning the supplemental per diem
195	195	20 rate to comply with any subsequent changes to federal law,
196	196	21 changes made by guidance issued by the federal Centers for
197	197	22 Medicare and Medicaid Services, or other changes necessary to
198	198	23 receive the enhanced federal medical assistance percentage.
199	199	24 (g) All applications for the expansion of supportive
200	200	25 living dementia care settings involving sites not approved by
201	201	26 the Department by January 1, 2024 (Public Act 103-102) may
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212	212	1 allow new elderly non-dementia units in addition to new
213	213	2 dementia care units. The Department may approve such
214	214	3 applications only if the application has: (1) no more than one
215	215	4 non-dementia care unit for each dementia care unit and (2) the
216	216	5 site is not located within 4 miles of an existing supportive
217	217	6 living program site in Cook County (including the City of
218	218	7 Chicago), not located within 12 miles of an existing
219	219	8 supportive living program site in Alexander, Bond, Boone,
220	220	9 Calhoun, Champaign, Clinton, DeKalb, DuPage, Fulton, Grundy,
221	221	10 Henry, Jackson, Jersey, Johnson, Kane, Kankakee, Kendall,
222	222	11 Lake, Macon, Macoupin, Madison, Marshall, McHenry, McLean,
223	223	12 Menard, Mercer, Monroe, Peoria, Piatt, Rock Island, Sangamon,
224	224	13 Stark, St. Clair, Tazewell, Vermilion, Will, Williamson,
225	225	14 Winnebago, or Woodford counties, or not located within 25
226	226	15 miles of an existing supportive living program site in any
227	227	16 other county.
228	228	17 (h) Beginning January 1, 2025, subject to federal
229	229	18 approval, for a person who is a resident of a supportive living
230	230	19 facility under this Section, the monthly personal needs
231	231	20 allowance shall be $120 per month.
232	232	21 (i) (h) As stated in the supportive living program home
233	233	22 and community-based service waiver approved by the federal
234	234	23 Centers for Medicare and Medicaid Services, and beginning July
235	235	24 1, 2025, the Department must maintain the rate add-on
236	236	25 implemented on January 1, 2023 for the provision of 2 meals per
237	237	26 day at no less than $6.15 per day.
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