There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois Code - 305 ILCS 35/ Medicaid Revenue Act. Article 1
(305 ILCS 35/1‑1) (from Ch. 23, par. 7051‑1)
Sec. 1‑1.
This Act may be cited as the Medicaid Revenue Act.
(Source: P.A. 87‑861.)
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(305 ILCS 35/1‑2) (from Ch. 23, par. 7051‑2)
Sec. 1‑2.
Legislative finding and declaration.
The General Assembly hereby
finds, determines, and declares:
(1) It is in the public interest and it is the public policy of this State
to provide for and improve the basic medical care and long‑term health care
services of its indigent, most vulnerable citizens.
(2) Preservation of health, alleviation of sickness, and correction of
handicapping conditions for persons requiring maintenance support are essential
if those persons are to have an opportunity to become self‑supporting or to
attain a greater capacity for self‑care.
(3) For persons who are medically indigent but otherwise able to provide
themselves a livelihood, it is of special importance to maintain their
incentives for continued independence and preserve their limited resources for
ordinary maintenance needed to prevent their total or substantial dependence on
public support.
(4) The State has historically provided for care and services, in
conjunction with the federal government, through the establishment and funding
of a medical assistance program administered by the Department of Public Aid
and approved by the Secretary of Health and Human Services under Title XIX of
the federal Social Security Act, that program being commonly referred to as
"Medicaid".
(5) The Medicaid program is a funding partnership between the State of
Illinois and the federal government, with the Department of Public Aid being
designated as the single State agency responsible for the administration of the
program, but with the State historically receiving 50% of the amounts expended
as medical assistance under the Medicaid program from the federal government.
(6) To raise a portion of Illinois' share of the Medicaid funds after July
1, 1991, the General Assembly enacted Public Act 87‑13 to provide for the
collection of provider participation fees from designated health care providers
receiving Medicaid payments.
(7) On September 12, 1991, the Secretary of Health and Human Services
proposed regulations that could have reduced the federal matching of Medicaid
expenditures incurred on or after January 1, 1992 by the portion of the
expenditures paid from funds raised through the provider participation fees.
(8) To prevent the Secretary from enacting those regulations but at the same
time to impose certain statutory limitations on the means by which states may
raise Medicaid funds eligible for federal matching, Congress enacted the
Medicaid Voluntary Contribution and Provider‑Specific Tax Amendments of
1991, Public Law 102‑234.
(9) Public Law 102‑234 provides for a state's share of Medicaid funding
eligible for federal matching to be raised through "broad‑based health care
related taxes", meaning, generally, a tax imposed with respect to a class of
health care items or services (or providers thereof) specified therein, which
(i) is imposed on all items or services or providers in the class in the state,
except federal or public providers, and (ii) is imposed uniformly on all
providers in the class at the same rate with respect to the same base.
(10) The separate classes of health care items and services established by
P.L. 102‑234 include inpatient and outpatient hospital services, nursing
facility services, and services of intermediate care facilities for the
mentally retarded.
(11) The provider participation fees imposed under P.A. 87‑13 may not meet
the standards under P.L. 102‑234.
(12) The resulting hospital Medicaid reimbursement reductions may force the
closure of some hospitals now serving a disproportionately high number of the
needy, who would then have to be cared for by remaining hospitals at
substantial cost to those remaining hospitals.
(13) The hospitals in the State are all part of and benefit from a hospital
system linked together in a number of ways, including common licensing and
regulation, health care standards, education, research and disease control
reporting, patient transfers for specialist care, and organ donor networks.
(14) Each hospital's patient population demographics, including the
proportion of patients whose care is paid by Medicaid, is subject to change
over time.
(15) Hospitals in the State have a special interest in the payment of
adequate reimbursement levels for hospital care by Medicaid.
(16) Most hospitals are exempt from payment of most federal, State, and
local income, sales, property, and other taxes.
(17) The hospital assessment enacted by this Act under the guidelines of
P.L. 102‑234 is the most efficient means of raising the federally matchable
funds needed for hospital care reimbursement.
(18) Cook County Hospital and Oak Forest Hospital are public hospitals owned
and operated by Cook County with unique fiscal problems, including a patient
population that is primarily Medicaid or altogether nonpaying, that make an
intergovernmental transfer payment arrangement a more appropriate means of
financing than the regular hospital assessment and reimbursement provisions.
(19) Sole community hospitals provide access to essential care that would
otherwise not be reasonably available in the community they serve, such that
imposition of assessments on them in their precarious financial circumstances
may force their closure and have the effect of reducing access to health care.
(20) Each nursing home's resident population demographics, including the
proportion of residents whose care is paid by Medicaid, is subject to change
over time in that, among other things, residents currently able to pay the cost
of nursing home care may become dependent on Medicaid support for continued
care and services as resources are depleted.
(21) As the citizens of the State age, increased pressures will be placed on
limited facilities to provide reasonable levels of care for a greater number of
geriatric residents, and all involved in the nursing home industry, providers
and residents, have a special interest in the maintenance of adequate Medicaid
support for all nursing facilities.
(22) The assessments on nursing homes enacted by this Act under the
guidelines of P.L. 102‑234 are the most efficient means of raising the
federally matchable funds needed for nursing home care reimbursement.
(23) All intermediate care facilities for persons with developmental
disabilities receive a high degree of Medicaid support and benefits and
therefore have a special interest in the maintenance of adequate Medicaid
support.
(24) The assessments on intermediate care facilities for persons with
developmental disabilities enacted by this Act under the guidelines of P.L.
102‑234 are the most efficient means of raising the federally matchable funds
needed for reimbursement of providers of intermediate care for persons with
developmental disabilities.
(Source: P.A. 87‑861; 88‑380.)
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