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. LRB104 10005 KTG 20075 b LRB104 10005 KTG 20075 b LRB104 10005 KTG 20075 b A BILL FOR HB2375LRB104 10005 KTG 20075 b HB2375 LRB104 10005 KTG 20075 b HB2375 LRB104 10005 KTG 20075 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 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. LRB104 10005 KTG 20075 b LRB104 10005 KTG 20075 b LRB104 10005 KTG 20075 b A BILL FOR 305 ILCS 5/5-5.01a LRB104 10005 KTG 20075 b HB2375 LRB104 10005 KTG 20075 b HB2375- 2 -LRB104 10005 KTG 20075 b HB2375 - 2 - LRB104 10005 KTG 20075 b HB2375 - 2 - LRB104 10005 KTG 20075 b 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 HB2375 - 2 - LRB104 10005 KTG 20075 b HB2375- 3 -LRB104 10005 KTG 20075 b HB2375 - 3 - LRB104 10005 KTG 20075 b HB2375 - 3 - LRB104 10005 KTG 20075 b 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 HB2375 - 3 - LRB104 10005 KTG 20075 b HB2375- 4 -LRB104 10005 KTG 20075 b HB2375 - 4 - LRB104 10005 KTG 20075 b HB2375 - 4 - LRB104 10005 KTG 20075 b 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 HB2375 - 4 - LRB104 10005 KTG 20075 b HB2375- 5 -LRB104 10005 KTG 20075 b HB2375 - 5 - LRB104 10005 KTG 20075 b HB2375 - 5 - LRB104 10005 KTG 20075 b 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 HB2375 - 5 - LRB104 10005 KTG 20075 b HB2375- 6 -LRB104 10005 KTG 20075 b HB2375 - 6 - LRB104 10005 KTG 20075 b HB2375 - 6 - LRB104 10005 KTG 20075 b 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. HB2375 - 6 - LRB104 10005 KTG 20075 b HB2375- 7 -LRB104 10005 KTG 20075 b HB2375 - 7 - LRB104 10005 KTG 20075 b HB2375 - 7 - LRB104 10005 KTG 20075 b HB2375 - 7 - LRB104 10005 KTG 20075 b