104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3273 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 305 ILCS 5/14-12 Amends the Hospital Services Trust Fund Article of the Illinois Public Aid Code. In provisions concerning the hospital rate reform payment system, provides that reimbursement for inpatient general acute care services shall utilize the All Patient Refined Diagnosis Related Grouping (APR-DRG) software, version 30, distributed by Solventum previously known as 3MTM Health Information System. Provides that Solventum shall be the exclusive provider of this software unless the Department of Healthcare and Family Services determines that Solventum is unable to meet the required operational or contractual terms. Provides that only under such circumstances may an alternative authorized provider of the software be considered. Adds corresponding provisions regarding software used to process reimbursements for outpatient services. LRB104 10515 KTG 20590 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3273 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 305 ILCS 5/14-12 305 ILCS 5/14-12 Amends the Hospital Services Trust Fund Article of the Illinois Public Aid Code. In provisions concerning the hospital rate reform payment system, provides that reimbursement for inpatient general acute care services shall utilize the All Patient Refined Diagnosis Related Grouping (APR-DRG) software, version 30, distributed by Solventum previously known as 3MTM Health Information System. Provides that Solventum shall be the exclusive provider of this software unless the Department of Healthcare and Family Services determines that Solventum is unable to meet the required operational or contractual terms. Provides that only under such circumstances may an alternative authorized provider of the software be considered. Adds corresponding provisions regarding software used to process reimbursements for outpatient services. LRB104 10515 KTG 20590 b LRB104 10515 KTG 20590 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3273 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 305 ILCS 5/14-12 305 ILCS 5/14-12 305 ILCS 5/14-12 Amends the Hospital Services Trust Fund Article of the Illinois Public Aid Code. In provisions concerning the hospital rate reform payment system, provides that reimbursement for inpatient general acute care services shall utilize the All Patient Refined Diagnosis Related Grouping (APR-DRG) software, version 30, distributed by Solventum previously known as 3MTM Health Information System. Provides that Solventum shall be the exclusive provider of this software unless the Department of Healthcare and Family Services determines that Solventum is unable to meet the required operational or contractual terms. Provides that only under such circumstances may an alternative authorized provider of the software be considered. Adds corresponding provisions regarding software used to process reimbursements for outpatient services. LRB104 10515 KTG 20590 b LRB104 10515 KTG 20590 b LRB104 10515 KTG 20590 b A BILL FOR HB3273LRB104 10515 KTG 20590 b HB3273 LRB104 10515 KTG 20590 b HB3273 LRB104 10515 KTG 20590 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 14-12 as follows: 6 (305 ILCS 5/14-12) 7 Sec. 14-12. Hospital rate reform payment system. The 8 hospital payment system pursuant to Section 14-11 of this 9 Article shall be as follows: 10 (a) Inpatient hospital services. Effective for discharges 11 on and after the effective date of this amendatory Act of the 12 104th General Assembly July 1, 2014, reimbursement for 13 inpatient general acute care services shall utilize the All 14 Patient Refined Diagnosis Related Grouping (APR-DRG) software, 15 version 30, distributed by Solventum previously known as 3MTM 16 Health Information System. Solventum shall be the exclusive 17 provider of this software unless the Department determines 18 that Solventum is unable to meet the required operational or 19 contractual terms. Only under such circumstances may an 20 alternative authorized provider of the software be considered. 21 (1) The Department shall establish Medicaid weighting 22 factors to be used in the reimbursement system established 23 under this subsection. Initial weighting factors shall be 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3273 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 305 ILCS 5/14-12 305 ILCS 5/14-12 305 ILCS 5/14-12 Amends the Hospital Services Trust Fund Article of the Illinois Public Aid Code. In provisions concerning the hospital rate reform payment system, provides that reimbursement for inpatient general acute care services shall utilize the All Patient Refined Diagnosis Related Grouping (APR-DRG) software, version 30, distributed by Solventum previously known as 3MTM Health Information System. Provides that Solventum shall be the exclusive provider of this software unless the Department of Healthcare and Family Services determines that Solventum is unable to meet the required operational or contractual terms. Provides that only under such circumstances may an alternative authorized provider of the software be considered. Adds corresponding provisions regarding software used to process reimbursements for outpatient services. LRB104 10515 KTG 20590 b LRB104 10515 KTG 20590 b LRB104 10515 KTG 20590 b A BILL FOR 305 ILCS 5/14-12 LRB104 10515 KTG 20590 b HB3273 LRB104 10515 KTG 20590 b HB3273- 2 -LRB104 10515 KTG 20590 b HB3273 - 2 - LRB104 10515 KTG 20590 b HB3273 - 2 - LRB104 10515 KTG 20590 b 1 the weighting factors as published by the authorized 2 provider of this software 3M Health Information System, 3 associated with Version 30.0 adjusted for the Illinois 4 experience. 5 (2) The Department shall establish a 6 statewide-standardized amount to be used in the inpatient 7 reimbursement system. The Department shall publish these 8 amounts on its website no later than 10 calendar days 9 prior to their effective date. 10 (3) In addition to the statewide-standardized amount, 11 the Department shall develop adjusters to adjust the rate 12 of reimbursement for critical Medicaid providers or 13 services for trauma, transplantation services, perinatal 14 care, and Graduate Medical Education (GME). 15 (4) The Department shall develop add-on payments to 16 account for exceptionally costly inpatient stays, 17 consistent with Medicare outlier principles. Outlier fixed 18 loss thresholds may be updated to control for excessive 19 growth in outlier payments no more frequently than on an 20 annual basis, but at least once every 4 years. Upon 21 updating the fixed loss thresholds, the Department shall 22 be required to update base rates within 12 months. 23 (5) The Department shall define those hospitals or 24 distinct parts of hospitals that shall be exempt from the 25 APR-DRG reimbursement system established under this 26 Section. The Department shall publish these hospitals' HB3273 - 2 - LRB104 10515 KTG 20590 b HB3273- 3 -LRB104 10515 KTG 20590 b HB3273 - 3 - LRB104 10515 KTG 20590 b HB3273 - 3 - LRB104 10515 KTG 20590 b 1 inpatient rates on its website no later than 10 calendar 2 days prior to their effective date. 3 (6) Beginning July 1, 2014 and ending on December 31, 4 2023, in addition to the statewide-standardized amount, 5 the Department shall develop an adjustor to adjust the 6 rate of reimbursement for safety-net hospitals defined in 7 Section 5-5e.1 of this Code excluding pediatric hospitals. 8 (7) Beginning July 1, 2014, in addition to the 9 statewide-standardized amount, the Department shall 10 develop an adjustor to adjust the rate of reimbursement 11 for Illinois freestanding inpatient psychiatric hospitals 12 that are not designated as children's hospitals by the 13 Department but are primarily treating patients under the 14 age of 21. 15 (7.5) (Blank). 16 (8) Beginning July 1, 2018, in addition to the 17 statewide-standardized amount, the Department shall adjust 18 the rate of reimbursement for hospitals designated by the 19 Department of Public Health as a Perinatal Level II or II+ 20 center by applying the same adjustor that is applied to 21 Perinatal and Obstetrical care cases for Perinatal Level 22 III centers, as of December 31, 2017. 23 (9) Beginning July 1, 2018, in addition to the 24 statewide-standardized amount, the Department shall apply 25 the same adjustor that is applied to trauma cases as of 26 December 31, 2017 to inpatient claims to treat patients HB3273 - 3 - LRB104 10515 KTG 20590 b HB3273- 4 -LRB104 10515 KTG 20590 b HB3273 - 4 - LRB104 10515 KTG 20590 b HB3273 - 4 - LRB104 10515 KTG 20590 b 1 with burns, including, but not limited to, APR-DRGs 841, 2 842, 843, and 844. 3 (10) Beginning July 1, 2018, the 4 statewide-standardized amount for inpatient general acute 5 care services shall be uniformly increased so that base 6 claims projected reimbursement is increased by an amount 7 equal to the funds allocated in paragraph (1) of 8 subsection (b) of Section 5A-12.6, less the amount 9 allocated under paragraphs (8) and (9) of this subsection 10 and paragraphs (3) and (4) of subsection (b) multiplied by 11 40%. 12 (11) Beginning July 1, 2018, the reimbursement for 13 inpatient rehabilitation services shall be increased by 14 the addition of a $96 per day add-on. 15 (b) Outpatient hospital services. Effective for dates of 16 service on and after the effective date of this amendatory Act 17 of the 104th General Assembly July 1, 2014, reimbursement for 18 outpatient services shall utilize the Enhanced Ambulatory 19 Procedure Grouping (EAPG) software, version 3.7 distributed by 20 Solventum previously known as 3MTM Health Information System. 21 Solventum shall be the exclusive provider of this software 22 unless the Department determines that Solventum is unable to 23 meet the required operational or contractual terms. Only under 24 such circumstances may an alternative authorized provider of 25 the software be considered. 26 (1) The Department shall establish Medicaid weighting HB3273 - 4 - LRB104 10515 KTG 20590 b HB3273- 5 -LRB104 10515 KTG 20590 b HB3273 - 5 - LRB104 10515 KTG 20590 b HB3273 - 5 - LRB104 10515 KTG 20590 b 1 factors to be used in the reimbursement system established 2 under this subsection. The initial weighting factors shall 3 be the weighting factors as published by the authorized 4 provider 3M Health Information System, associated with 5 Version 3.7. 6 (2) The Department shall establish service specific 7 statewide-standardized amounts to be used in the 8 reimbursement system. 9 (A) The initial statewide standardized amounts, 10 with the labor portion adjusted by the Calendar Year 11 2013 Medicare Outpatient Prospective Payment System 12 wage index with reclassifications, shall be published 13 by the Department on its website no later than 10 14 calendar days prior to their effective date. 15 (B) The Department shall establish adjustments to 16 the statewide-standardized amounts for each Critical 17 Access Hospital, as designated by the Department of 18 Public Health in accordance with 42 CFR 485, Subpart 19 F. For outpatient services provided on or before June 20 30, 2018, the EAPG standardized amounts are determined 21 separately for each critical access hospital such that 22 simulated EAPG payments using outpatient base period 23 paid claim data plus payments under Section 5A-12.4 of 24 this Code net of the associated tax costs are equal to 25 the estimated costs of outpatient base period claims 26 data with a rate year cost inflation factor applied. HB3273 - 5 - LRB104 10515 KTG 20590 b HB3273- 6 -LRB104 10515 KTG 20590 b HB3273 - 6 - LRB104 10515 KTG 20590 b HB3273 - 6 - LRB104 10515 KTG 20590 b 1 (3) In addition to the statewide-standardized amounts, 2 the Department shall develop adjusters to adjust the rate 3 of reimbursement for critical Medicaid hospital outpatient 4 providers or services, including outpatient high volume or 5 safety-net hospitals. Beginning July 1, 2018, the 6 outpatient high volume adjustor shall be increased to 7 increase annual expenditures associated with this adjustor 8 by $79,200,000, based on the State Fiscal Year 2015 base 9 year data and this adjustor shall apply to public 10 hospitals, except for large public hospitals, as defined 11 under 89 Ill. Adm. Code 148.25(a). 12 (4) Beginning July 1, 2018, in addition to the 13 statewide standardized amounts, the Department shall make 14 an add-on payment for outpatient expensive devices and 15 drugs. This add-on payment shall at least apply to claim 16 lines that: (i) are assigned with one of the following 17 EAPGs: 490, 1001 to 1020, and coded with one of the 18 following revenue codes: 0274 to 0276, 0278; or (ii) are 19 assigned with one of the following EAPGs: 430 to 441, 443, 20 444, 460 to 465, 495, 496, 1090. The add-on payment shall 21 be calculated as follows: the claim line's covered charges 22 multiplied by the hospital's total acute cost to charge 23 ratio, less the claim line's EAPG payment plus $1,000, 24 multiplied by 0.8. 25 (5) Beginning July 1, 2018, the statewide-standardized 26 amounts for outpatient services shall be increased by a HB3273 - 6 - LRB104 10515 KTG 20590 b HB3273- 7 -LRB104 10515 KTG 20590 b HB3273 - 7 - LRB104 10515 KTG 20590 b HB3273 - 7 - LRB104 10515 KTG 20590 b 1 uniform percentage so that base claims projected 2 reimbursement is increased by an amount equal to no less 3 than the funds allocated in paragraph (1) of subsection 4 (b) of Section 5A-12.6, less the amount allocated under 5 paragraphs (8) and (9) of subsection (a) and paragraphs 6 (3) and (4) of this subsection multiplied by 46%. 7 (6) Effective for dates of service on or after July 1, 8 2018, the Department shall establish adjustments to the 9 statewide-standardized amounts for each Critical Access 10 Hospital, as designated by the Department of Public Health 11 in accordance with 42 CFR 485, Subpart F, such that each 12 Critical Access Hospital's standardized amount for 13 outpatient services shall be increased by the applicable 14 uniform percentage determined pursuant to paragraph (5) of 15 this subsection. It is the intent of the General Assembly 16 that the adjustments required under this paragraph (6) by 17 Public Act 100-1181 shall be applied retroactively to 18 claims for dates of service provided on or after July 1, 19 2018. 20 (7) Effective for dates of service on or after March 21 8, 2019 (the effective date of Public Act 100-1181), the 22 Department shall recalculate and implement an updated 23 statewide-standardized amount for outpatient services 24 provided by hospitals that are not Critical Access 25 Hospitals to reflect the applicable uniform percentage 26 determined pursuant to paragraph (5). HB3273 - 7 - LRB104 10515 KTG 20590 b HB3273- 8 -LRB104 10515 KTG 20590 b HB3273 - 8 - LRB104 10515 KTG 20590 b HB3273 - 8 - LRB104 10515 KTG 20590 b 1 (1) Any recalculation to the 2 statewide-standardized amounts for outpatient services 3 provided by hospitals that are not Critical Access 4 Hospitals shall be the amount necessary to achieve the 5 increase in the statewide-standardized amounts for 6 outpatient services increased by a uniform percentage, 7 so that base claims projected reimbursement is 8 increased by an amount equal to no less than the funds 9 allocated in paragraph (1) of subsection (b) of 10 Section 5A-12.6, less the amount allocated under 11 paragraphs (8) and (9) of subsection (a) and 12 paragraphs (3) and (4) of this subsection, for all 13 hospitals that are not Critical Access Hospitals, 14 multiplied by 46%. 15 (2) It is the intent of the General Assembly that 16 the recalculations required under this paragraph (7) 17 by Public Act 100-1181 shall be applied prospectively 18 to claims for dates of service provided on or after 19 March 8, 2019 (the effective date of Public Act 20 100-1181) and that no recoupment or repayment by the 21 Department or an MCO of payments attributable to 22 recalculation under this paragraph (7), issued to the 23 hospital for dates of service on or after July 1, 2018 24 and before March 8, 2019 (the effective date of Public 25 Act 100-1181), shall be permitted. 26 (8) The Department shall ensure that all necessary HB3273 - 8 - LRB104 10515 KTG 20590 b HB3273- 9 -LRB104 10515 KTG 20590 b HB3273 - 9 - LRB104 10515 KTG 20590 b HB3273 - 9 - LRB104 10515 KTG 20590 b 1 adjustments to the managed care organization capitation 2 base rates necessitated by the adjustments under 3 subparagraph (6) or (7) of this subsection are completed 4 and applied retroactively in accordance with Section 5 5-30.8 of this Code within 90 days of March 8, 2019 (the 6 effective date of Public Act 100-1181). 7 (9) Within 60 days after federal approval of the 8 change made to the assessment in Section 5A-2 by Public 9 Act 101-650, the Department shall incorporate into the 10 EAPG system for outpatient services those services 11 performed by hospitals currently billed through the 12 Non-Institutional Provider billing system. 13 (b-5) Notwithstanding any other provision of this Section, 14 beginning with dates of service on and after January 1, 2023, 15 any general acute care hospital with more than 500 outpatient 16 psychiatric Medicaid services to persons under 19 years of age 17 in any calendar year shall be paid the outpatient add-on 18 payment of no less than $113. 19 (c) In consultation with the hospital community, the 20 Department is authorized to replace 89 Ill. Adm. Code 152.150 21 as published in 38 Ill. Reg. 4980 through 4986 within 12 months 22 of June 16, 2014 (the effective date of Public Act 98-651). If 23 the Department does not replace these rules within 12 months 24 of June 16, 2014 (the effective date of Public Act 98-651), the 25 rules in effect for 152.150 as published in 38 Ill. Reg. 4980 26 through 4986 shall remain in effect until modified by rule by HB3273 - 9 - LRB104 10515 KTG 20590 b HB3273- 10 -LRB104 10515 KTG 20590 b HB3273 - 10 - LRB104 10515 KTG 20590 b HB3273 - 10 - LRB104 10515 KTG 20590 b 1 the Department. Nothing in this subsection shall be construed 2 to mandate that the Department file a replacement rule. 3 (d) Transition period. There shall be a transition period 4 to the reimbursement systems authorized under this Section 5 that shall begin on the effective date of these systems and 6 continue until June 30, 2018, unless extended by rule by the 7 Department. To help provide an orderly and predictable 8 transition to the new reimbursement systems and to preserve 9 and enhance access to the hospital services during this 10 transition, the Department shall allocate a transitional 11 hospital access pool of at least $290,000,000 annually so that 12 transitional hospital access payments are made to hospitals. 13 (1) After the transition period, the Department may 14 begin incorporating the transitional hospital access pool 15 into the base rate structure; however, the transitional 16 hospital access payments in effect on June 30, 2018 shall 17 continue to be paid, if continued under Section 5A-16. 18 (2) After the transition period, if the Department 19 reduces payments from the transitional hospital access 20 pool, it shall increase base rates, develop new adjustors, 21 adjust current adjustors, develop new hospital access 22 payments based on updated information, or any combination 23 thereof by an amount equal to the decreases proposed in 24 the transitional hospital access pool payments, ensuring 25 that the entire transitional hospital access pool amount 26 shall continue to be used for hospital payments. HB3273 - 10 - LRB104 10515 KTG 20590 b HB3273- 11 -LRB104 10515 KTG 20590 b HB3273 - 11 - LRB104 10515 KTG 20590 b HB3273 - 11 - LRB104 10515 KTG 20590 b 1 (d-5) Hospital and health care transformation program. The 2 Department shall develop a hospital and health care 3 transformation program to provide financial assistance to 4 hospitals in transforming their services and care models to 5 better align with the needs of the communities they serve. The 6 payments authorized in this Section shall be subject to 7 approval by the federal government. 8 (1) Phase 1. In State fiscal years 2019 through 2020, 9 the Department shall allocate funds from the transitional 10 access hospital pool to create a hospital transformation 11 pool of at least $262,906,870 annually and make hospital 12 transformation payments to hospitals. Subject to Section 13 5A-16, in State fiscal years 2019 and 2020, an Illinois 14 hospital that received either a transitional hospital 15 access payment under subsection (d) or a supplemental 16 payment under subsection (f) of this Section in State 17 fiscal year 2018, shall receive a hospital transformation 18 payment as follows: 19 (A) If the hospital's Rate Year 2017 Medicaid 20 inpatient utilization rate is equal to or greater than 21 45%, the hospital transformation payment shall be 22 equal to 100% of the sum of its transitional hospital 23 access payment authorized under subsection (d) and any 24 supplemental payment authorized under subsection (f). 25 (B) If the hospital's Rate Year 2017 Medicaid 26 inpatient utilization rate is equal to or greater than HB3273 - 11 - LRB104 10515 KTG 20590 b HB3273- 12 -LRB104 10515 KTG 20590 b HB3273 - 12 - LRB104 10515 KTG 20590 b HB3273 - 12 - LRB104 10515 KTG 20590 b 1 25% but less than 45%, the hospital transformation 2 payment shall be equal to 75% of the sum of its 3 transitional hospital access payment authorized under 4 subsection (d) and any supplemental payment authorized 5 under subsection (f). 6 (C) If the hospital's Rate Year 2017 Medicaid 7 inpatient utilization rate is less than 25%, the 8 hospital transformation payment shall be equal to 50% 9 of the sum of its transitional hospital access payment 10 authorized under subsection (d) and any supplemental 11 payment authorized under subsection (f). 12 (2) Phase 2. 13 (A) The funding amount from phase one shall be 14 incorporated into directed payment and pass-through 15 payment methodologies described in Section 5A-12.7. 16 (B) Because there are communities in Illinois that 17 experience significant health care disparities due to 18 systemic racism, as recently emphasized by the 19 COVID-19 pandemic, aggravated by social determinants 20 of health and a lack of sufficiently allocated health 21 care healthcare resources, particularly 22 community-based services, preventive care, obstetric 23 care, chronic disease management, and specialty care, 24 the Department shall establish a health care 25 transformation program that shall be supported by the 26 transformation funding pool. It is the intention of HB3273 - 12 - LRB104 10515 KTG 20590 b HB3273- 13 -LRB104 10515 KTG 20590 b HB3273 - 13 - LRB104 10515 KTG 20590 b HB3273 - 13 - LRB104 10515 KTG 20590 b 1 the General Assembly that innovative partnerships 2 funded by the pool must be designed to establish or 3 improve integrated health care delivery systems that 4 will provide significant access to the Medicaid and 5 uninsured populations in their communities, as well as 6 improve health care equity. It is also the intention 7 of the General Assembly that partnerships recognize 8 and address the disparities revealed by the COVID-19 9 pandemic, as well as the need for post-COVID care. 10 During State fiscal years 2021 through 2027, the 11 hospital and health care transformation program shall 12 be supported by an annual transformation funding pool 13 of up to $150,000,000, pending federal matching funds, 14 to be allocated during the specified fiscal years for 15 the purpose of facilitating hospital and health care 16 transformation. No disbursement of moneys for 17 transformation projects from the transformation 18 funding pool described under this Section shall be 19 considered an award, a grant, or an expenditure of 20 grant funds. Funding agreements made in accordance 21 with the transformation program shall be considered 22 purchases of care under the Illinois Procurement Code, 23 and funds shall be expended by the Department in a 24 manner that maximizes federal funding to expend the 25 entire allocated amount. 26 The Department shall convene, within 30 days after HB3273 - 13 - LRB104 10515 KTG 20590 b HB3273- 14 -LRB104 10515 KTG 20590 b HB3273 - 14 - LRB104 10515 KTG 20590 b HB3273 - 14 - LRB104 10515 KTG 20590 b 1 March 12, 2021 (the effective date of Public Act 2 101-655), a workgroup that includes subject matter 3 experts on health care healthcare disparities and 4 stakeholders from distressed communities, which could 5 be a subcommittee of the Medicaid Advisory Committee, 6 to review and provide recommendations on how 7 Department policy, including health care 8 transformation, can improve health disparities and the 9 impact on communities disproportionately affected by 10 COVID-19. The workgroup shall consider and make 11 recommendations on the following issues: a community 12 safety-net designation of certain hospitals, racial 13 equity, and a regional partnership to bring additional 14 specialty services to communities. 15 (C) As provided in paragraph (9) of Section 3 of 16 the Illinois Health Facilities Planning Act, any 17 hospital participating in the transformation program 18 may be excluded from the requirements of the Illinois 19 Health Facilities Planning Act for those projects 20 related to the hospital's transformation. To be 21 eligible, the hospital must submit to the Health 22 Facilities and Services Review Board approval from the 23 Department that the project is a part of the 24 hospital's transformation. 25 (D) As provided in subsection (a-20) of Section 26 32.5 of the Emergency Medical Services (EMS) Systems HB3273 - 14 - LRB104 10515 KTG 20590 b HB3273- 15 -LRB104 10515 KTG 20590 b HB3273 - 15 - LRB104 10515 KTG 20590 b HB3273 - 15 - LRB104 10515 KTG 20590 b 1 Act, a hospital that received hospital transformation 2 payments under this Section may convert to a 3 freestanding emergency center. To be eligible for such 4 a conversion, the hospital must submit to the 5 Department of Public Health approval from the 6 Department that the project is a part of the 7 hospital's transformation. 8 (E) Criteria for proposals. To be eligible for 9 funding under this Section, a transformation proposal 10 shall meet all of the following criteria: 11 (i) the proposal shall be designed based on 12 community needs assessment completed by either a 13 University partner or other qualified entity with 14 significant community input; 15 (ii) the proposal shall be a collaboration 16 among providers across the care and community 17 spectrum, including preventative care, primary 18 care specialty care, hospital services, mental 19 health and substance abuse services, as well as 20 community-based entities that address the social 21 determinants of health; 22 (iii) the proposal shall be specifically 23 designed to improve health care healthcare 24 outcomes and reduce health care healthcare 25 disparities, and improve the coordination, 26 effectiveness, and efficiency of care delivery; HB3273 - 15 - LRB104 10515 KTG 20590 b HB3273- 16 -LRB104 10515 KTG 20590 b HB3273 - 16 - LRB104 10515 KTG 20590 b HB3273 - 16 - LRB104 10515 KTG 20590 b 1 (iv) the proposal shall have specific 2 measurable metrics related to disparities that 3 will be tracked by the Department and made public 4 by the Department; 5 (v) the proposal shall include a commitment to 6 include Business Enterprise Program certified 7 vendors or other entities controlled and managed 8 by minorities or women; and 9 (vi) the proposal shall specifically increase 10 access to primary, preventive, or specialty care. 11 (F) Entities eligible to be funded. 12 (i) Proposals for funding should come from 13 collaborations operating in one of the most 14 distressed communities in Illinois as determined 15 by the U.S. Centers for Disease Control and 16 Prevention's Social Vulnerability Index for 17 Illinois and areas disproportionately impacted by 18 COVID-19 or from rural areas of Illinois. 19 (ii) The Department shall prioritize 20 partnerships from distressed communities, which 21 include Business Enterprise Program certified 22 vendors or other entities controlled and managed 23 by minorities or women and also include one or 24 more of the following: safety-net hospitals, 25 critical access hospitals, the campuses of 26 hospitals that have closed since January 1, 2018, HB3273 - 16 - LRB104 10515 KTG 20590 b HB3273- 17 -LRB104 10515 KTG 20590 b HB3273 - 17 - LRB104 10515 KTG 20590 b HB3273 - 17 - LRB104 10515 KTG 20590 b 1 or other health care healthcare providers designed 2 to address specific health care healthcare 3 disparities, including the impact of COVID-19 on 4 individuals and the community and the need for 5 post-COVID care. All funded proposals must include 6 specific measurable goals and metrics related to 7 improved outcomes and reduced disparities which 8 shall be tracked by the Department. 9 (iii) The Department should target the funding 10 in the following ways: $30,000,000 of 11 transformation funds to projects that are a 12 collaboration between a safety-net hospital, 13 particularly community safety-net hospitals, and 14 other providers and designed to address specific 15 health care healthcare disparities, $20,000,000 of 16 transformation funds to collaborations between 17 safety-net hospitals and a larger hospital partner 18 that increases specialty care in distressed 19 communities, $30,000,000 of transformation funds 20 to projects that are a collaboration between 21 hospitals and other providers in distressed areas 22 of the State designed to address specific health 23 care healthcare disparities, $15,000,000 to 24 collaborations between critical access hospitals 25 and other providers designed to address specific 26 health care healthcare disparities, and HB3273 - 17 - LRB104 10515 KTG 20590 b HB3273- 18 -LRB104 10515 KTG 20590 b HB3273 - 18 - LRB104 10515 KTG 20590 b HB3273 - 18 - LRB104 10515 KTG 20590 b 1 $15,000,000 to cross-provider collaborations 2 designed to address specific health care 3 healthcare disparities, and $5,000,000 to 4 collaborations that focus on workforce 5 development. 6 (iv) The Department may allocate up to 7 $5,000,000 for planning, racial equity analysis, 8 or consulting resources for the Department or 9 entities without the resources to develop a plan 10 to meet the criteria of this Section. Any contract 11 for consulting services issued by the Department 12 under this subparagraph shall comply with the 13 provisions of Section 5-45 of the State Officials 14 and Employees Ethics Act. Based on availability of 15 federal funding, the Department may directly 16 procure consulting services or provide funding to 17 the collaboration. The provision of resources 18 under this subparagraph is not a guarantee that a 19 project will be approved. 20 (v) The Department shall take steps to ensure 21 that safety-net hospitals operating in 22 under-resourced communities receive priority 23 access to hospital and health care healthcare 24 transformation funds, including consulting funds, 25 as provided under this Section. 26 (G) Process for submitting and approving projects HB3273 - 18 - LRB104 10515 KTG 20590 b HB3273- 19 -LRB104 10515 KTG 20590 b HB3273 - 19 - LRB104 10515 KTG 20590 b HB3273 - 19 - LRB104 10515 KTG 20590 b 1 for distressed communities. The Department shall issue 2 a template for application. The Department shall post 3 any proposal received on the Department's website for 4 at least 2 weeks for public comment, and any such 5 public comment shall also be considered in the review 6 process. Applicants may request that proprietary 7 financial information be redacted from publicly posted 8 proposals and the Department in its discretion may 9 agree. Proposals for each distressed community must 10 include all of the following: 11 (i) A detailed description of how the project 12 intends to affect the goals outlined in this 13 subsection, describing new interventions, new 14 technology, new structures, and other changes to 15 the health care healthcare delivery system 16 planned. 17 (ii) A detailed description of the racial and 18 ethnic makeup of the entities' board and 19 leadership positions and the salaries of the 20 executive staff of entities in the partnership 21 that is seeking to obtain funding under this 22 Section. 23 (iii) A complete budget, including an overall 24 timeline and a detailed pathway to sustainability 25 within a 5-year period, specifying other sources 26 of funding, such as in-kind, cost-sharing, or HB3273 - 19 - LRB104 10515 KTG 20590 b HB3273- 20 -LRB104 10515 KTG 20590 b HB3273 - 20 - LRB104 10515 KTG 20590 b HB3273 - 20 - LRB104 10515 KTG 20590 b 1 private donations, particularly for capital needs. 2 There is an expectation that parties to the 3 transformation project dedicate resources to the 4 extent they are able and that these expectations 5 are delineated separately for each entity in the 6 proposal. 7 (iv) A description of any new entities formed 8 or other legal relationships between collaborating 9 entities and how funds will be allocated among 10 participants. 11 (v) A timeline showing the evolution of sites 12 and specific services of the project over a 5-year 13 period, including services available to the 14 community by site. 15 (vi) Clear milestones indicating progress 16 toward the proposed goals of the proposal as 17 checkpoints along the way to continue receiving 18 funding. The Department is authorized to refine 19 these milestones in agreements, and is authorized 20 to impose reasonable penalties, including 21 repayment of funds, for substantial lack of 22 progress. 23 (vii) A clear statement of the level of 24 commitment the project will include for minorities 25 and women in contracting opportunities, including 26 as equity partners where applicable, or as HB3273 - 20 - LRB104 10515 KTG 20590 b HB3273- 21 -LRB104 10515 KTG 20590 b HB3273 - 21 - LRB104 10515 KTG 20590 b HB3273 - 21 - LRB104 10515 KTG 20590 b 1 subcontractors and suppliers in all phases of the 2 project. 3 (viii) If the community study utilized is not 4 the study commissioned and published by the 5 Department, the applicant must define the 6 methodology used, including documentation of clear 7 community participation. 8 (ix) A description of the process used in 9 collaborating with all levels of government in the 10 community served in the development of the 11 project, including, but not limited to, 12 legislators and officials of other units of local 13 government. 14 (x) Documentation of a community input process 15 in the community served, including links to 16 proposal materials on public websites. 17 (xi) Verifiable project milestones and quality 18 metrics that will be impacted by transformation. 19 These project milestones and quality metrics must 20 be identified with improvement targets that must 21 be met. 22 (xii) Data on the number of existing employees 23 by various job categories and wage levels by the 24 zip code of the employees' residence and 25 benchmarks for the continued maintenance and 26 improvement of these levels. The proposal must HB3273 - 21 - LRB104 10515 KTG 20590 b HB3273- 22 -LRB104 10515 KTG 20590 b HB3273 - 22 - LRB104 10515 KTG 20590 b HB3273 - 22 - LRB104 10515 KTG 20590 b 1 also describe any retraining or other workforce 2 development planned for the new project. 3 (xiii) If a new entity is created by the 4 project, a description of how the board will be 5 reflective of the community served by the 6 proposal. 7 (xiv) An explanation of how the proposal will 8 address the existing disparities that exacerbated 9 the impact of COVID-19 and the need for post-COVID 10 care in the community, if applicable. 11 (xv) An explanation of how the proposal is 12 designed to increase access to care, including 13 specialty care based upon the community's needs. 14 (H) The Department shall evaluate proposals for 15 compliance with the criteria listed under subparagraph 16 (G). Proposals meeting all of the criteria may be 17 eligible for funding with the areas of focus 18 prioritized as described in item (ii) of subparagraph 19 (F). Based on the funds available, the Department may 20 negotiate funding agreements with approved applicants 21 to maximize federal funding. Nothing in this 22 subsection requires that an approved project be funded 23 to the level requested. Agreements shall specify the 24 amount of funding anticipated annually, the 25 methodology of payments, the limit on the number of 26 years such funding may be provided, and the milestones HB3273 - 22 - LRB104 10515 KTG 20590 b HB3273- 23 -LRB104 10515 KTG 20590 b HB3273 - 23 - LRB104 10515 KTG 20590 b HB3273 - 23 - LRB104 10515 KTG 20590 b 1 and quality metrics that must be met by the projects in 2 order to continue to receive funding during each year 3 of the program. Agreements shall specify the terms and 4 conditions under which a health care facility that 5 receives funds under a purchase of care agreement and 6 closes in violation of the terms of the agreement must 7 pay an early closure fee no greater than 50% of the 8 funds it received under the agreement, prior to the 9 Health Facilities and Services Review Board 10 considering an application for closure of the 11 facility. Any project that is funded shall be required 12 to provide quarterly written progress reports, in a 13 form prescribed by the Department, and at a minimum 14 shall include the progress made in achieving any 15 milestones or metrics or Business Enterprise Program 16 commitments in its plan. The Department may reduce or 17 end payments, as set forth in transformation plans, if 18 milestones or metrics or Business Enterprise Program 19 commitments are not achieved. The Department shall 20 seek to make payments from the transformation fund in 21 a manner that is eligible for federal matching funds. 22 In reviewing the proposals, the Department shall 23 take into account the needs of the community, data 24 from the study commissioned by the Department from the 25 University of Illinois-Chicago if applicable, feedback 26 from public comment on the Department's website, as HB3273 - 23 - LRB104 10515 KTG 20590 b HB3273- 24 -LRB104 10515 KTG 20590 b HB3273 - 24 - LRB104 10515 KTG 20590 b HB3273 - 24 - LRB104 10515 KTG 20590 b 1 well as how the proposal meets the criteria listed 2 under subparagraph (G). Alignment with the 3 Department's overall strategic initiatives shall be an 4 important factor. To the extent that fiscal year 5 funding is not adequate to fund all eligible projects 6 that apply, the Department shall prioritize 7 applications that most comprehensively and effectively 8 address the criteria listed under subparagraph (G). 9 (3) (Blank). 10 (4) Hospital Transformation Review Committee. There is 11 created the Hospital Transformation Review Committee. The 12 Committee shall consist of 14 members. No later than 30 13 days after March 12, 2018 (the effective date of Public 14 Act 100-581), the 4 legislative leaders shall each appoint 15 3 members; the Governor shall appoint the Director of 16 Healthcare and Family Services, or his or her designee, as 17 a member; and the Director of Healthcare and Family 18 Services shall appoint one member. Any vacancy shall be 19 filled by the applicable appointing authority within 15 20 calendar days. The members of the Committee shall select a 21 Chair and a Vice-Chair from among its members, provided 22 that the Chair and Vice-Chair cannot be appointed by the 23 same appointing authority and must be from different 24 political parties. The Chair shall have the authority to 25 establish a meeting schedule and convene meetings of the 26 Committee, and the Vice-Chair shall have the authority to HB3273 - 24 - LRB104 10515 KTG 20590 b HB3273- 25 -LRB104 10515 KTG 20590 b HB3273 - 25 - LRB104 10515 KTG 20590 b HB3273 - 25 - LRB104 10515 KTG 20590 b 1 convene meetings in the absence of the Chair. The 2 Committee may establish its own rules with respect to 3 meeting schedule, notice of meetings, and the disclosure 4 of documents; however, the Committee shall not have the 5 power to subpoena individuals or documents and any rules 6 must be approved by 9 of the 14 members. The Committee 7 shall perform the functions described in this Section and 8 advise and consult with the Director in the administration 9 of this Section. In addition to reviewing and approving 10 the policies, procedures, and rules for the hospital and 11 health care transformation program, the Committee shall 12 consider and make recommendations related to qualifying 13 criteria and payment methodologies related to safety-net 14 hospitals and children's hospitals. Members of the 15 Committee appointed by the legislative leaders shall be 16 subject to the jurisdiction of the Legislative Ethics 17 Commission, not the Executive Ethics Commission, and all 18 requests under the Freedom of Information Act shall be 19 directed to the applicable Freedom of Information officer 20 for the General Assembly. The Department shall provide 21 operational support to the Committee as necessary. The 22 Committee is dissolved on April 1, 2019. 23 (e) Beginning 36 months after initial implementation, the 24 Department shall update the reimbursement components in 25 subsections (a) and (b), including standardized amounts and 26 weighting factors, and at least once every 4 years and no more HB3273 - 25 - LRB104 10515 KTG 20590 b HB3273- 26 -LRB104 10515 KTG 20590 b HB3273 - 26 - LRB104 10515 KTG 20590 b HB3273 - 26 - LRB104 10515 KTG 20590 b 1 frequently than annually thereafter. The Department shall 2 publish these updates on its website no later than 30 calendar 3 days prior to their effective date. 4 (f) Continuation of supplemental payments. Any 5 supplemental payments authorized under 89 Illinois 6 Administrative Code 148 effective January 1, 2014 and that 7 continue during the period of July 1, 2014 through December 8 31, 2014 shall remain in effect as long as the assessment 9 imposed by Section 5A-2 that is in effect on December 31, 2017 10 remains in effect. 11 (g) Notwithstanding subsections (a) through (f) of this 12 Section and notwithstanding the changes authorized under 13 Section 5-5b.1, any updates to the system shall not result in 14 any diminishment of the overall effective rates of 15 reimbursement as of the implementation date of the new system 16 (July 1, 2014). These updates shall not preclude variations in 17 any individual component of the system or hospital rate 18 variations. Nothing in this Section shall prohibit the 19 Department from increasing the rates of reimbursement or 20 developing payments to ensure access to hospital services. 21 Nothing in this Section shall be construed to guarantee a 22 minimum amount of spending in the aggregate or per hospital as 23 spending may be impacted by factors, including, but not 24 limited to, the number of individuals in the medical 25 assistance program and the severity of illness of the 26 individuals. HB3273 - 26 - LRB104 10515 KTG 20590 b HB3273- 27 -LRB104 10515 KTG 20590 b HB3273 - 27 - LRB104 10515 KTG 20590 b HB3273 - 27 - LRB104 10515 KTG 20590 b 1 (h) The Department shall have the authority to modify by 2 rulemaking any changes to the rates or methodologies in this 3 Section as required by the federal government to obtain 4 federal financial participation for expenditures made under 5 this Section. 6 (i) Except for subsections (g) and (h) of this Section, 7 the Department shall, pursuant to subsection (c) of Section 8 5-40 of the Illinois Administrative Procedure Act, provide for 9 presentation at the June 2014 hearing of the Joint Committee 10 on Administrative Rules (JCAR) additional written notice to 11 JCAR of the following rules in order to commence the second 12 notice period for the following rules: rules published in the 13 Illinois Register, rule dated February 21, 2014 at 38 Ill. 14 Reg. 4559 (Medical Payment), 4628 (Specialized Health Care 15 Delivery Systems), 4640 (Hospital Services), 4932 (Diagnostic 16 Related Grouping (DRG) Prospective Payment System (PPS)), and 17 4977 (Hospital Reimbursement Changes), and published in the 18 Illinois Register dated March 21, 2014 at 38 Ill. Reg. 6499 19 (Specialized Health Care Delivery Systems) and 6505 (Hospital 20 Services). 21 (j) Out-of-state hospitals. Beginning July 1, 2018, for 22 purposes of determining for State fiscal years 2019 and 2020 23 and subsequent fiscal years the hospitals eligible for the 24 payments authorized under subsections (a) and (b) of this 25 Section, the Department shall include out-of-state hospitals 26 that are designated a Level I pediatric trauma center or a HB3273 - 27 - LRB104 10515 KTG 20590 b HB3273- 28 -LRB104 10515 KTG 20590 b HB3273 - 28 - LRB104 10515 KTG 20590 b HB3273 - 28 - LRB104 10515 KTG 20590 b HB3273 - 28 - LRB104 10515 KTG 20590 b