Chapter 305 — PUBLIC AID

(305 ILCS 5/5-5i) Sec. 5-5i. Rate increase for speech, physical, and occupational therapy services. Subject to federal approval, beginning January 1, 2024, the Department shall increase reimbursement rates for speech therapy services, physical therapy services, and occupational t…

(305 ILCS 5/5-6) (from Ch. 23, par. 5-6) Sec. 5-6. Obligations incurred prior to death of a recipient. Obligations incurred but not paid for at the time of a recipient's death for services authorized under Section 5-5, including medical and other care in facilities as defined in …

(305 ILCS 5/5-60) Sec. 5-60. Optometric services; reimbursement rates. Notwithstanding any other law or rule to the contrary and subject to federal approval, for dates of service beginning on and after January 1, 2025, the reimbursement rates for optometric and optical services f…

(305 ILCS 5/5-61) Sec. 5-61. Advance payment reporting. Notwithstanding any provision of State law to the contrary, the Department of Healthcare and Family Services shall provide notice to the Director of the Governor's Office of Management and Budget, or the Director's designee,…

(305 ILCS 5/5-65) Sec. 5-65. Reimbursement rates for long-term electrocardiogram monitoring. (a) As used in this Section, "long-term ambulatory electrocardiogram monitoring services" means the provision of external cardiac patch monitoring devices to patients to wear for 48 hours…

(305 ILCS 5/5-7) (from Ch. 23, par. 5-7) Sec. 5-7. (Repealed). (Source: P.A. 81-487. Repealed by P.A. 93-20, eff. 6-20-03.)

(305 ILCS 5/5-8) (from Ch. 23, par. 5-8) Sec. 5-8. Practitioners. In supplying medical assistance, the Illinois Department may provide for the legally authorized services of (i) persons licensed under the Medical Practice Act of 1987, as amended, except as hereafter in this Secti…

(305 ILCS 5/5-9) (from Ch. 23, par. 5-9) Sec. 5-9. Choice of medical dispensers. Applicants and recipients shall be entitled to free choice of those qualified practitioners, hospitals, nursing homes, and other dispensers of medical services meeting the requirements and complying …

(305 ILCS 5/5A-1) (from Ch. 23, par. 5A-1) Sec. 5A-1. Definitions. As used in this Article, unless the context requires otherwise: "Fund" means the Hospital Provider Fund. "Hospital" means an institution, place, building, or agency located in this State that is subject to licensu…

(305 ILCS 5/5A-10) (from Ch. 23, par. 5A-10) Sec. 5A-10. Applicability. (a) The assessment imposed by subsection (a) of Section 5A-2 shall cease to be imposed and the Department's obligation to make payments shall immediately cease, and any moneys remaining in the Fund shall be r…

(305 ILCS 5/5A-11) (from Ch. 23, par. 5A-11) Sec. 5A-11. Severability. If any clause, sentence, Section, exemption, provision, or part of this Article or the application thereof to any person or circumstance shall be adjudged to be unconstitutional or otherwise invalid, the remai…

(305 ILCS 5/5A-12) Sec. 5A-12. (Repealed). (Source: P.A. 93-1066, eff. 1-15-05. Repealed internally, eff. 7-1-05.)

(305 ILCS 5/5A-12.1) Sec. 5A-12.1. (Repealed). (Source: P.A. 94-838, eff. 6-6-06. Repealed internally, eff. 7-1-08.)

(305 ILCS 5/5A-12.2) (This Section is scheduled to be repealed in accordance with 305 ILCS 5/5A-14) Sec. 5A-12.2. Hospital access payments on or after July 1, 2008. (a) To preserve and improve access to hospital services, for hospital services rendered on or after July 1, 2008, t…

(305 ILCS 5/5A-12.3) Sec. 5A-12.3. (Repealed). (Source: P.A. 96-821, eff. 11-20-09. Repealed by 305 ILCS 5/5A-14, eff. 7-1-11.)

(305 ILCS 5/5A-12.4) (This Section is scheduled to be repealed in accordance with 305 ILCS 5/5A-14) Sec. 5A-12.4. Hospital access improvement payments on or after June 10, 2012. (a) Hospital access improvement payments. To preserve and improve access to hospital services, for hos…

(305 ILCS 5/5A-12.5) Sec. 5A-12.5. Affordable Care Act adults; hospital access payments. (a) The Department shall, subject to federal approval, mirror the Medical Assistance hospital reimbursement methodology for Affordable Care Act adults who are enrolled under a fee-for-service…

(305 ILCS 5/5A-12.6) Sec. 5A-12.6. (Repealed). (Source: P.A. 100-581, eff. 3-12-18. Repealed by 305 ILCS 5/5A-14, eff. 7-1-20.)

(305 ILCS 5/5A-12.7) Sec. 5A-12.7. Continuation of hospital access payments on and after July 1, 2020. (a) To preserve and improve access to hospital services, for hospital services rendered on and after July 1, 2020, the Department shall, except for hospitals described in subsec…

(305 ILCS 5/5A-12.8) Sec. 5A-12.8. Report to the General Assembly. In order to facilitate transparency, accountability, and future policy development by the General Assembly, the Department shall provide the reports and information specified in this Section. By February 1, 2022, …

(305 ILCS 5/5A-13) Sec. 5A-13. Emergency rulemaking. (a) The Department of Healthcare and Family Services (formerly Department of Public Aid) may adopt rules necessary to implement this amendatory Act of the 94th General Assembly through the use of emergency rulemaking in accorda…

(305 ILCS 5/5A-14) Sec. 5A-14. Repeal of assessments and disbursements. (a) (Blank). (b) Section 5A-12 is repealed on July 1, 2005. (c) Section 5A-12.1 is repealed on July 1, 2008. (d) Section 5A-12.2 and Section 5A-12.4 are repealed on July 1, 2018, subject to Section 5A-16. (e)…

(305 ILCS 5/5A-15) Sec. 5A-15. Protection of federal revenue. (a) If the federal Centers for Medicare and Medicaid Services finds that any federal upper payment limit applicable to the payments under this Article is exceeded then: (1) (i) if such finding is made before payments h…

(305 ILCS 5/5A-16) Sec. 5A-16. State fiscal year 2019 implementation protection. (a) To preserve access to hospital services and to ensure continuity of payments and stability of access to hospital services, it is the intent of the General Assembly that there not be a gap in paym…

(305 ILCS 5/5A-17) Sec. 5A-17. Recovery of payments; liens. (a) As a condition of receiving payments pursuant to subsections (d) and (k) of Section 5A-12.7 for State Fiscal Year 2021, a for-profit general acute care hospital that ceases to provide hospital services before July 1,…

(305 ILCS 5/5A-18) Sec. 5A-18. Advance payment reporting. Notwithstanding any provision of State law to the contrary, the Department of Healthcare and Family Services shall provide notice to the Director of the Governor's Office of Management and Budget, or the Director's designe…

(305 ILCS 5/5A-2) (from Ch. 23, par. 5A-2) (Text of Section from P.A. 104-7) Sec. 5A-2. Assessment. (a)(1) Subject to Sections 5A-3 and 5A-10, for State fiscal years 2009 through 2018, or as long as continued under Section 5A-16, an annual assessment on inpatient services is impo…

(305 ILCS 5/5A-2.1) Sec. 5A-2.1. Continuation of Section 5A-2 of this Code; validation. (a) The General Assembly finds and declares that: (1) Public Act 101-650, which took effect on July 7, 2020, contained provisions that would have changed the repeal date for Section 5A-2 of th…

(305 ILCS 5/5A-3) (from Ch. 23, par. 5A-3) Sec. 5A-3. Exemptions. (a) (Blank). (b) A hospital provider that is a State agency, a State university, or a county with a population of 3,000,000 or more is exempt from the assessment imposed by Section 5A-2. (b-2) A hospital provider t…

(305 ILCS 5/5A-4) (from Ch. 23, par. 5A-4) Sec. 5A-4. Payment of assessment; penalty. (a) The assessment imposed by Section 5A-2 for State fiscal year 2009 through State fiscal year 2018 or as provided in Section 5A-16, shall be due and payable in monthly installments, each equal…

(305 ILCS 5/5A-5) (from Ch. 23, par. 5A-5) Sec. 5A-5. Notice; penalty; maintenance of records. (a) The Illinois Department shall send a notice of assessment to every hospital provider subject to assessment under this Article. The notice of assessment shall notify the hospital of …

(305 ILCS 5/5A-6) (from Ch. 23, par. 5A-6) Sec. 5A-6. Disposition of proceeds. The Illinois Department shall deposit all moneys received from hospital providers under this Article into the Hospital Provider Fund. Upon certification by the Illinois Department to the State Comptrol…

(305 ILCS 5/5A-7) (from Ch. 23, par. 5A-7) Sec. 5A-7. Administration; enforcement provisions. (a) The Illinois Department shall establish and maintain a listing of all hospital providers appearing in the licensing records of the Illinois Department of Public Health, which shall s…

(305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8) Sec. 5A-8. Hospital Provider Fund. (a) There is created in the State Treasury the Hospital Provider Fund. Interest earned by the Fund shall be credited to the Fund. The Fund shall not be used to replace any moneys appropriated to the Med…

(305 ILCS 5/5A-9) (from Ch. 23, par. 5A-9) Sec. 5A-9. Emergency services audits. The Illinois Department may audit hospital claims for payment for emergency services provided to a recipient who does not require admission as an inpatient. The Illinois Department shall adopt rules …

(305 ILCS 5/5B-1) (from Ch. 23, par. 5B-1) Sec. 5B-1. Definitions. As used in this Article, unless the context requires otherwise: "Fund" means the Long-Term Care Provider Fund. "Long-term care facility" means (i) a nursing facility, whether public or private and whether organize…

(305 ILCS 5/5B-10) (from Ch. 23, par. 5B-10) Sec. 5B-10. Severability. If any clause, sentence, Section, exemption, provision, or part of this Article or the application thereof to any person or circumstance shall be adjudged to be unconstitutional or otherwise invalid, the remai…

(305 ILCS 5/5B-2) (from Ch. 23, par. 5B-2) Sec. 5B-2. Assessment; no local authorization to tax. (a) For the privilege of engaging in the occupation of long-term care provider, beginning July 1, 2011 through June 30, 2022, or upon federal approval by the Centers for Medicare and …

(305 ILCS 5/5B-3) (from Ch. 23, par. 5B-3) Sec. 5B-3. Exemptions. A long-term care provider which is a county with a population of more than 3 million that makes intergovernmental transfer payments as provided in Section 15-3 of this Code shall be exempt from the assessment impos…

(305 ILCS 5/5B-4) (from Ch. 23, par. 5B-4) Sec. 5B-4. Payment of assessment; penalty. (a) The assessment imposed by Section 5B-2 shall be due and payable monthly, on the last State business day of the month for occupied bed days reported for the preceding third month prior to the…

(305 ILCS 5/5B-5) (from Ch. 23, par. 5B-5) Sec. 5B-5. Annual reporting; penalty; maintenance of records. (a) After December 31 of each year, and on or before March 31 of the succeeding year, every long-term care provider subject to assessment under this Article shall file a repor…

(305 ILCS 5/5B-6) (from Ch. 23, par. 5B-6) Sec. 5B-6. Disposition of proceeds. The Illinois Department shall pay all moneys received from long-term care providers under this Article into the Long-Term Care Provider Fund. Upon certification by the Illinois Department to the State …

(305 ILCS 5/5B-7) (from Ch. 23, par. 5B-7) Sec. 5B-7. Administration; enforcement provisions. (a) To the extent practicable, the Illinois Department shall administer and enforce this Article and collect the assessments, interest, and penalty assessments imposed under this Article…

(305 ILCS 5/5B-8) (from Ch. 23, par. 5B-8) Sec. 5B-8. Long-Term Care Provider Fund. (a) There is created in the State Treasury the Long-Term Care Provider Fund. Interest earned by the Fund shall be credited to the Fund. The Fund shall not be used to replace any moneys appropriate…

(305 ILCS 5/5B-9) (from Ch. 23, par. 5B-9) Sec. 5B-9. Applicability. The assessment imposed by Section 5B-2 shall cease to be imposed if the amount of matching federal funds under Title XIX of the Social Security Act is eliminated or significantly reduced on account of the assess…

(305 ILCS 5/5C-1) (from Ch. 23, par. 5C-1) Sec. 5C-1. Definitions. As used in this Article, unless the context requires otherwise: "Fund" means the Care Provider Fund for Persons with a Developmental Disability. "Care facility for persons with a developmental disability" means an…

(305 ILCS 5/5C-10) Sec. 5C-10. Adjustments. For long-term care facilities for persons under 22 years of age serving clinically complex residents previously classified as care facilities for persons with a developmental disability under this Article, the Department shall refund an…

(305 ILCS 5/5C-2) (from Ch. 23, par. 5C-2) Sec. 5C-2. Assessment; no local authorization to tax. (a) For the privilege of engaging in the occupation of care provider for persons with a developmental disability, an assessment is imposed upon each care provider for persons with a d…

(305 ILCS 5/5C-3) (from Ch. 23, par. 5C-3) Sec. 5C-3. Payment of assessment; penalty. (a) The assessment imposed by Section 5C-2 for a State fiscal year shall be due and payable in quarterly installments, each equalling one-fourth of the assessment for the year, on September 30, …

(305 ILCS 5/5C-4) (from Ch. 23, par. 5C-4) Sec. 5C-4. Reporting; penalty; maintenance of records. (a) After June 30 of each State fiscal year, and on or before September 30 of the succeeding State fiscal year, every care provider for persons with a developmental disability subjec…