Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1678 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 SB1678 Introduced 2/5/2025, by Sen. Paul Faraci SYNOPSIS AS INTRODUCED: 305 ILCS 5/5-5.01a Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that upon application to the Department of Healthcare and Family Services, supportive living program settings may convert non-dementia care setting units to dementia care setting units. Provides that all conversions must be operational within one year of approval and meet criteria specific to certification for dementia care setting units outlined in the Illinois Administrative Code. LRB104 10004 KTG 20074 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1678 Introduced 2/5/2025, by Sen. Paul Faraci 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. Provides that upon application to the Department of Healthcare and Family Services, supportive living program settings may convert non-dementia care setting units to dementia care setting units. Provides that all conversions must be operational within one year of approval and meet criteria specific to certification for dementia care setting units outlined in the Illinois Administrative Code. LRB104 10004 KTG 20074 b LRB104 10004 KTG 20074 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1678 Introduced 2/5/2025, by Sen. Paul Faraci 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. Provides that upon application to the Department of Healthcare and Family Services, supportive living program settings may convert non-dementia care setting units to dementia care setting units. Provides that all conversions must be operational within one year of approval and meet criteria specific to certification for dementia care setting units outlined in the Illinois Administrative Code.
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9	9	SB1678LRB104 10004 KTG 20074 b SB1678 LRB104 10004 KTG 20074 b
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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 (b) Beginning July 1, 2014, subject to federal approval,
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1678 Introduced 2/5/2025, by Sen. Paul Faraci 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. Provides that upon application to the Department of Healthcare and Family Services, supportive living program settings may convert non-dementia care setting units to dementia care setting units. Provides that all conversions must be operational within one year of approval and meet criteria specific to certification for dementia care setting units outlined in the Illinois Administrative Code.
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43	43	A BILL FOR
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49	49	305 ILCS 5/5-5.01a
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68	68	1 the Medicaid rates for supportive living facilities shall be
69	69	2 equal to the supportive living facility Medicaid rate
70	70	3 effective on June 30, 2014 increased by 8.85%. Once the
71	71	4 assessment imposed at Article V-G of this Code is determined
72	72	5 to be a permissible tax under Title XIX of the Social Security
73	73	6 Act, the Department shall increase the Medicaid rates for
74	74	7 supportive living facilities effective on July 1, 2014 by
75	75	8 9.09%. The Department shall apply this increase retroactively
76	76	9 to coincide with the imposition of the assessment in Article
77	77	10 V-G of this Code in accordance with the approval for federal
78	78	11 financial participation by the Centers for Medicare and
79	79	12 Medicaid Services.
80	80	13 The Medicaid rates for supportive living facilities
81	81	14 effective on July 1, 2017 must be equal to the rates in effect
82	82	15 for supportive living facilities on June 30, 2017 increased by
83	83	16 2.8%.
84	84	17 The Medicaid rates for supportive living facilities
85	85	18 effective on July 1, 2018 must be equal to the rates in effect
86	86	19 for supportive living facilities on June 30, 2018.
87	87	20 Subject to federal approval, the Medicaid rates for
88	88	21 supportive living services on and after July 1, 2019 must be at
89	89	22 least 54.3% of the average total nursing facility services per
90	90	23 diem for the geographic areas defined by the Department while
91	91	24 maintaining the rate differential for dementia care and must
92	92	25 be updated whenever the total nursing facility service per
93	93	26 diems are updated. Beginning July 1, 2022, upon the
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104	104	1 implementation of the Patient Driven Payment Model, Medicaid
105	105	2 rates for supportive living services must be at least 54.3% of
106	106	3 the average total nursing services per diem rate for the
107	107	4 geographic areas. For purposes of this provision, the average
108	108	5 total nursing services per diem rate shall include all add-ons
109	109	6 for nursing facilities for the geographic area provided for in
110	110	7 Section 5-5.2. The rate differential for dementia care must be
111	111	8 maintained in these rates and the rates shall be updated
112	112	9 whenever nursing facility per diem rates are updated.
113	113	10 Subject to federal approval, beginning January 1, 2024,
114	114	11 the dementia care rate for supportive living services must be
115	115	12 no less than the non-dementia care supportive living services
116	116	13 rate multiplied by 1.5.
117	117	14 (b-5) Subject to federal approval, beginning January 1,
118	118	15 2025, Medicaid rates for supportive living services must be at
119	119	16 least 54.75% of the average total nursing services per diem
120	120	17 rate for the geographic areas defined by the Department and
121	121	18 shall include all add-ons for nursing facilities for the
122	122	19 geographic area provided for in Section 5-5.2.
123	123	20 (c) The Department may adopt rules to implement this
124	124	21 Section. Rules that establish or modify the services,
125	125	22 standards, and conditions for participation in the program
126	126	23 shall be adopted by the Department in consultation with the
127	127	24 Department on Aging, the Department of Rehabilitation
128	128	25 Services, and the Department of Mental Health and
129	129	26 Developmental Disabilities (or their successor agencies).
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140	140	1 (d) Subject to federal approval by the Centers for
141	141	2 Medicare and Medicaid Services, the Department shall accept
142	142	3 for consideration of certification under the program any
143	143	4 application for a site or building where distinct parts of the
144	144	5 site or building are designated for purposes other than the
145	145	6 provision of supportive living services, but only if:
146	146	7 (1) those distinct parts of the site or building are
147	147	8 not designated for the purpose of providing assisted
148	148	9 living services as required under the Assisted Living and
149	149	10 Shared Housing Act;
150	150	11 (2) those distinct parts of the site or building are
151	151	12 completely separate from the part of the building used for
152	152	13 the provision of supportive living program services,
153	153	14 including separate entrances;
154	154	15 (3) those distinct parts of the site or building do
155	155	16 not share any common spaces with the part of the building
156	156	17 used for the provision of supportive living program
157	157	18 services; and
158	158	19 (4) those distinct parts of the site or building do
159	159	20 not share staffing with the part of the building used for
160	160	21 the provision of supportive living program services.
161	161	22 (e) Facilities or distinct parts of facilities which are
162	162	23 selected as supportive living facilities and are in good
163	163	24 standing with the Department's rules are exempt from the
164	164	25 provisions of the Nursing Home Care Act and the Illinois
165	165	26 Health Facilities Planning Act.
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176	176	1 (f) Section 9817 of the American Rescue Plan Act of 2021
177	177	2 (Public Law 117-2) authorizes a 10% enhanced federal medical
178	178	3 assistance percentage for supportive living services for a
179	179	4 12-month period from April 1, 2021 through March 31, 2022.
180	180	5 Subject to federal approval, including the approval of any
181	181	6 necessary waiver amendments or other federally required
182	182	7 documents or assurances, for a 12-month period the Department
183	183	8 must pay a supplemental $26 per diem rate to all supportive
184	184	9 living facilities with the additional federal financial
185	185	10 participation funds that result from the enhanced federal
186	186	11 medical assistance percentage from April 1, 2021 through March
187	187	12 31, 2022. The Department may issue parameters around how the
188	188	13 supplemental payment should be spent, including quality
189	189	14 improvement activities. The Department may alter the form,
190	190	15 methods, or timeframes concerning the supplemental per diem
191	191	16 rate to comply with any subsequent changes to federal law,
192	192	17 changes made by guidance issued by the federal Centers for
193	193	18 Medicare and Medicaid Services, or other changes necessary to
194	194	19 receive the enhanced federal medical assistance percentage.
195	195	20 (g) All applications for the expansion of supportive
196	196	21 living dementia care settings involving sites not approved by
197	197	22 the Department by January 1, 2024 (Public Act 103-102) may
198	198	23 allow new elderly non-dementia units in addition to new
199	199	24 dementia care units. The Department may approve such
200	200	25 applications only if the application has: (1) no more than one
201	201	26 non-dementia care unit for each dementia care unit and (2) the
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212	212	1 site is not located within 4 miles of an existing supportive
213	213	2 living program site in Cook County (including the City of
214	214	3 Chicago), not located within 12 miles of an existing
215	215	4 supportive living program site in Alexander, Bond, Boone,
216	216	5 Calhoun, Champaign, Clinton, DeKalb, DuPage, Fulton, Grundy,
217	217	6 Henry, Jackson, Jersey, Johnson, Kane, Kankakee, Kendall,
218	218	7 Lake, Macon, Macoupin, Madison, Marshall, McHenry, McLean,
219	219	8 Menard, Mercer, Monroe, Peoria, Piatt, Rock Island, Sangamon,
220	220	9 Stark, St. Clair, Tazewell, Vermilion, Will, Williamson,
221	221	10 Winnebago, or Woodford counties, or not located within 25
222	222	11 miles of an existing supportive living program site in any
223	223	12 other county.
224	224	13 (h) Beginning January 1, 2025, subject to federal
225	225	14 approval, for a person who is a resident of a supportive living
226	226	15 facility under this Section, the monthly personal needs
227	227	16 allowance shall be $120 per month.
228	228	17 (i) (h) As stated in the supportive living program home
229	229	18 and community-based service waiver approved by the federal
230	230	19 Centers for Medicare and Medicaid Services, and beginning July
231	231	20 1, 2025, the Department must maintain the rate add-on
232	232	21 implemented on January 1, 2023 for the provision of 2 meals per
233	233	22 day at no less than $6.15 per day.
234	234	23 (j) (f) Subject to federal approval, the Department shall
235	235	24 allow a certified medication aide to administer medication in
236	236	25 a supportive living facility. For purposes of this subsection,
237	237	26 "certified medication aide" means a person who has met the
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