Illinois 2025-2026 Regular Session

Illinois House Bill HB2375 Latest Draft

Bill / Introduced Version Filed 01/31/2025

                            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
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
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.
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    LRB104 10005 KTG 20075 b
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 5-5.01a as follows:
6  (305 ILCS 5/5-5.01a)
7  Sec. 5-5.01a. Supportive living facilities program.
8  (a) The Department shall establish and provide oversight
9  for a program of supportive living facilities that seek to
10  promote resident independence, dignity, respect, and
11  well-being in the most cost-effective manner.
12  A supportive living facility is (i) a free-standing
13  facility or (ii) a distinct physical and operational entity
14  within a mixed-use building that meets the criteria
15  established in subsection (d). A supportive living facility
16  integrates housing with health, personal care, and supportive
17  services and is a designated setting that offers residents
18  their own separate, private, and distinct living units.
19  Sites for the operation of the program shall be selected
20  by the Department based upon criteria that may include the
21  need for services in a geographic area, the availability of
22  funding, and the site's ability to meet the standards.
23  Beginning January 1, 2026, the Department shall

 

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
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.
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    LRB104 10005 KTG 20075 b
A BILL FOR

 

 

305 ILCS 5/5-5.01a



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1  electronically publicize a list of sites selected in
2  accordance with this Section. The list shall be updated at
3  least once annually.
4  (b) Beginning July 1, 2014, subject to federal approval,
5  the Medicaid rates for supportive living facilities shall be
6  equal to the supportive living facility Medicaid rate
7  effective on June 30, 2014 increased by 8.85%. Once the
8  assessment imposed at Article V-G of this Code is determined
9  to be a permissible tax under Title XIX of the Social Security
10  Act, the Department shall increase the Medicaid rates for
11  supportive living facilities effective on July 1, 2014 by
12  9.09%. The Department shall apply this increase retroactively
13  to coincide with the imposition of the assessment in Article
14  V-G of this Code in accordance with the approval for federal
15  financial participation by the Centers for Medicare and
16  Medicaid Services.
17  The Medicaid rates for supportive living facilities
18  effective on July 1, 2017 must be equal to the rates in effect
19  for supportive living facilities on June 30, 2017 increased by
20  2.8%.
21  The Medicaid rates for supportive living facilities
22  effective on July 1, 2018 must be equal to the rates in effect
23  for supportive living facilities on June 30, 2018.
24  Subject to federal approval, the Medicaid rates for
25  supportive living services on and after July 1, 2019 must be at
26  least 54.3% of the average total nursing facility services per

 

 

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1  diem for the geographic areas defined by the Department while
2  maintaining the rate differential for dementia care and must
3  be updated whenever the total nursing facility service per
4  diems are updated. Beginning July 1, 2022, upon the
5  implementation of the Patient Driven Payment Model, Medicaid
6  rates for supportive living services must be at least 54.3% of
7  the average total nursing services per diem rate for the
8  geographic areas. For purposes of this provision, the average
9  total nursing services per diem rate shall include all add-ons
10  for nursing facilities for the geographic area provided for in
11  Section 5-5.2. The rate differential for dementia care must be
12  maintained in these rates and the rates shall be updated
13  whenever nursing facility per diem rates are updated.
14  Subject to federal approval, beginning January 1, 2024,
15  the dementia care rate for supportive living services must be
16  no less than the non-dementia care supportive living services
17  rate multiplied by 1.5.
18  (b-5) Subject to federal approval, beginning January 1,
19  2025, Medicaid rates for supportive living services must be at
20  least 54.75% of the average total nursing services per diem
21  rate for the geographic areas defined by the Department and
22  shall include all add-ons for nursing facilities for the
23  geographic area provided for in Section 5-5.2.
24  (c) The Department may adopt rules to implement this
25  Section. Rules that establish or modify the services,
26  standards, and conditions for participation in the program

 

 

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1  shall be adopted by the Department in consultation with the
2  Department on Aging, the Department of Rehabilitation
3  Services, and the Department of Mental Health and
4  Developmental Disabilities (or their successor agencies).
5  (d) Subject to federal approval by the Centers for
6  Medicare and Medicaid Services, the Department shall accept
7  for consideration of certification under the program any
8  application for a site or building where distinct parts of the
9  site or building are designated for purposes other than the
10  provision of supportive living services, but only if:
11  (1) those distinct parts of the site or building are
12  not designated for the purpose of providing assisted
13  living services as required under the Assisted Living and
14  Shared Housing Act;
15  (2) those distinct parts of the site or building are
16  completely separate from the part of the building used for
17  the provision of supportive living program services,
18  including separate entrances;
19  (3) those distinct parts of the site or building do
20  not share any common spaces with the part of the building
21  used for the provision of supportive living program
22  services; and
23  (4) those distinct parts of the site or building do
24  not share staffing with the part of the building used for
25  the provision of supportive living program services.
26  (e) Facilities or distinct parts of facilities which are

 

 

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1  selected as supportive living facilities and are in good
2  standing with the Department's rules are exempt from the
3  provisions of the Nursing Home Care Act and the Illinois
4  Health Facilities Planning Act.
5  (f) Section 9817 of the American Rescue Plan Act of 2021
6  (Public Law 117-2) authorizes a 10% enhanced federal medical
7  assistance percentage for supportive living services for a
8  12-month period from April 1, 2021 through March 31, 2022.
9  Subject to federal approval, including the approval of any
10  necessary waiver amendments or other federally required
11  documents or assurances, for a 12-month period the Department
12  must pay a supplemental $26 per diem rate to all supportive
13  living facilities with the additional federal financial
14  participation funds that result from the enhanced federal
15  medical assistance percentage from April 1, 2021 through March
16  31, 2022. The Department may issue parameters around how the
17  supplemental payment should be spent, including quality
18  improvement activities. The Department may alter the form,
19  methods, or timeframes concerning the supplemental per diem
20  rate to comply with any subsequent changes to federal law,
21  changes made by guidance issued by the federal Centers for
22  Medicare and Medicaid Services, or other changes necessary to
23  receive the enhanced federal medical assistance percentage.
24  (g) All applications for the expansion of supportive
25  living dementia care settings involving sites not approved by
26  the Department by January 1, 2024 (Public Act 103-102) may

 

 

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1  allow new elderly non-dementia units in addition to new
2  dementia care units. The Department may approve such
3  applications only if the application has: (1) no more than one
4  non-dementia care unit for each dementia care unit and (2) the
5  site is not located within 4 miles of an existing supportive
6  living program site in Cook County (including the City of
7  Chicago), not located within 12 miles of an existing
8  supportive living program site in Alexander, Bond, Boone,
9  Calhoun, Champaign, Clinton, DeKalb, DuPage, Fulton, Grundy,
10  Henry, Jackson, Jersey, Johnson, Kane, Kankakee, Kendall,
11  Lake, Macon, Macoupin, Madison, Marshall, McHenry, McLean,
12  Menard, Mercer, Monroe, Peoria, Piatt, Rock Island, Sangamon,
13  Stark, St. Clair, Tazewell, Vermilion, Will, Williamson,
14  Winnebago, or Woodford counties, or not located within 25
15  miles of an existing supportive living program site in any
16  other county.
17  (h) Beginning January 1, 2025, subject to federal
18  approval, for a person who is a resident of a supportive living
19  facility under this Section, the monthly personal needs
20  allowance shall be $120 per month.
21  (i) (h) As stated in the supportive living program home
22  and community-based service waiver approved by the federal
23  Centers for Medicare and Medicaid Services, and beginning July
24  1, 2025, the Department must maintain the rate add-on
25  implemented on January 1, 2023 for the provision of 2 meals per
26  day at no less than $6.15 per day.

 

 

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