(305 ILCS 5/5A‑5)
(from Ch. 23, par. 5A‑5)
Sec. 5A‑5.
Notice; penalty; maintenance of records.
(a) The Department of Healthcare and Family Services 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 its assessment and shall be sent after receipt by the Department of notification from the Centers for Medicare and Medicaid Services of the U.S. Department of Health and Human Services that the payment methodologies required under Section 5A‑12, Section 5A‑12.1, or Section 5A‑12.2, whichever is applicable for that fiscal year, and, if necessary, the waiver granted under 42 CFR 433.68 have been approved. The notice shall be on a form prepared by the Illinois Department and shall state the following:
(1) The name of the hospital provider.
(2) The address of the hospital provider's principal
| place of business from which the provider engages in the occupation of hospital provider in this State, and the name and address of each hospital operated, conducted, or maintained by the provider in this State. | |
(3) The occupied bed days, occupied bed days less |
| Medicare days, or adjusted gross hospital revenue of the hospital provider (whichever is applicable), the amount of assessment imposed under Section 5A‑2 for the State fiscal year for which the notice is sent, and the amount of each installment to be paid during the State fiscal year. | |
(4) (Blank).
(5) Other reasonable information as determined by the |
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(b) If a hospital provider conducts, operates, or maintains more than one hospital licensed by the Illinois Department of Public Health, the provider shall pay the assessment for each hospital separately.
(c) Notwithstanding any other provision in this Article, in the case of a person who ceases to conduct, operate, or maintain a hospital in respect of which the person is subject to assessment under this Article as a hospital provider, the assessment for the State fiscal year in which the cessation occurs shall be adjusted by multiplying the assessment computed under Section 5A‑2 by a fraction, the numerator of which is the number of days in the year during which the provider conducts, operates, or maintains the hospital and the denominator of which is 365. Immediately upon ceasing to conduct, operate, or maintain a hospital, the person shall pay the assessment for the year as so adjusted (to the extent not previously paid).
(d) Notwithstanding any other provision in this Article, a provider who commences conducting, operating, or maintaining a hospital, upon notice by the Illinois Department, shall pay the assessment computed under Section 5A‑2 and subsection (e) in installments on the due dates stated in the notice and on the regular installment due dates for the State fiscal year occurring after the due dates of the initial notice.
(e) Notwithstanding any other provision in this Article, for State fiscal years 2004 and 2005, in the case of a hospital provider that did not conduct, operate, or maintain a hospital throughout calendar year 2001, the assessment for that State fiscal year shall be computed on the basis of hypothetical occupied bed days for the full calendar year as determined by the Illinois Department. Notwithstanding any other provision in this Article, for State fiscal years 2006 through 2008, in the case of a hospital provider that did not conduct, operate, or maintain a hospital in 2003, the assessment for that State fiscal year shall be computed on the basis of hypothetical adjusted gross hospital revenue for the hospital's first full fiscal year as determined by the Illinois Department (which may be based on annualization of the provider's actual revenues for a portion of the year, or revenues of a comparable hospital for the year, including revenues realized by a prior provider of the same hospital during the year). Notwithstanding any other provision in this Article, for State fiscal years 2009 through 2013, in the case of a hospital provider that did not conduct, operate, or maintain a hospital in 2005, the assessment for that State fiscal year shall be computed on the basis of hypothetical occupied bed days for the full calendar year as determined by the Illinois Department.
(f) Every hospital provider subject to assessment under this Article shall keep sufficient records to permit the determination of adjusted gross hospital revenue for the hospital's fiscal year. All such records shall be kept in the English language and shall, at all times during regular business hours of the day, be subject to inspection by the Illinois Department or its duly authorized agents and employees.
(g) The Illinois Department may, by rule, provide a hospital provider a reasonable opportunity to request a clarification or correction of any clerical or computational errors contained in the calculation of its assessment, but such corrections shall not extend to updating the cost report information used to calculate the assessment.
(h) (Blank).
(Source: P.A. 94‑242, eff. 7‑18‑05; 95‑331, eff. 8‑21‑07; 95‑859, eff. 8‑19‑08.) |
(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 show each provider's name and principal place of business and the name and address of each hospital operated, conducted, or maintained by the provider in this State. The Illinois Department shall administer and enforce this Article and collect the assessments and penalty assessments imposed under this Article using procedures employed in its administration of this Code generally. The Illinois Department, its Director, and every hospital provider subject to assessment under this Article shall have the following powers, duties, and rights:
(1) The Illinois Department may initiate either
| administrative or judicial proceedings, or both, to enforce provisions of this Article. Administrative enforcement proceedings initiated hereunder shall be governed by the Illinois Department's administrative rules. Judicial enforcement proceedings initiated hereunder shall be governed by the rules of procedure applicable in the courts of this State. | |
(2) No proceedings for collection, refund, credit, or |
| other adjustment of an assessment amount shall be issued more than 3 years after the due date of the assessment, except in the case of an extended period agreed to in writing by the Illinois Department and the hospital provider before the expiration of this limitation period. | |
(3) Any unpaid assessment under this Article shall |
| become a lien upon the assets of the hospital upon which it was assessed. If any hospital provider, outside the usual course of its business, sells or transfers the major part of any one or more of (A) the real property and improvements, (B) the machinery and equipment, or (C) the furniture or fixtures, of any hospital that is subject to the provisions of this Article, the seller or transferor shall pay the Illinois Department the amount of any assessment, assessment penalty, and interest (if any) due from it under this Article up to the date of the sale or transfer. If the seller or transferor fails to pay any assessment, assessment penalty, and interest (if any) due, the purchaser or transferee of such asset shall be liable for the amount of the assessment, penalties, and interest (if any) up to the amount of the reasonable value of the property acquired by the purchaser or transferee. The purchaser or transferee shall continue to be liable until the purchaser or transferee pays the full amount of the assessment, penalties, and interest (if any) up to the amount of the reasonable value of the property acquired by the purchaser or transferee or until the purchaser or transferee receives from the Illinois Department a certificate showing that such assessment, penalty, and interest have been paid or a certificate from the Illinois Department showing that no assessment, penalty, or interest is due from the seller or transferor under this Article. | |
(4) Payments under this Article are not subject to |
| the Illinois Prompt Payment Act. Credits or refunds shall not bear interest. | |
(b) In addition to any other remedy provided for and |
| without sending a notice of assessment liability, the Illinois Department may collect an unpaid assessment by withholding, as payment of the assessment, reimbursements or other amounts otherwise payable by the Illinois Department to the hospital provider. | |
(Source: P.A. 93‑659, eff. 2‑3‑04; 93‑841, eff. 7‑30‑04; 94‑242, eff. 7‑18‑05.) |
(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 Medicaid program by the General Assembly.
(b) The Fund is created for the purpose of receiving moneys in accordance with Section 5A‑6 and disbursing moneys only for the following purposes, notwithstanding any other provision of law:
(1) For making payments to hospitals as required
| under Articles V, V‑A, VI, and XIV of this Code, under the Children's Health Insurance Program Act, under the Covering ALL KIDS Health Insurance Act, and under the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act. | |
(2) For the reimbursement of moneys collected by the |
| Illinois Department from hospitals or hospital providers through error or mistake in performing the activities authorized under this Article and Article V of this Code. | |
(3) For payment of administrative expenses incurred |
| by the Illinois Department or its agent in performing the activities authorized by this Article. | |
(4) For payments of any amounts which are |
| reimbursable to the federal government for payments from this Fund which are required to be paid by State warrant. | |
(5) For making transfers, as those transfers are |
| authorized in the proceedings authorizing debt under the Short Term Borrowing Act, but transfers made under this paragraph (5) shall not exceed the principal amount of debt issued in anticipation of the receipt by the State of moneys to be deposited into the Fund. | |
(6) For making transfers to any other fund in the |
| State treasury, but transfers made under this paragraph (6) shall not exceed the amount transferred previously from that other fund into the Hospital Provider Fund. | |
(6.5) For making transfers to the Healthcare Provider |
| Relief Fund, except that transfers made under this paragraph (6.5) shall not exceed $60,000,000 in the aggregate. | |
(7) For State fiscal years 2004 and 2005 for making |
| transfers to the Health and Human Services Medicaid Trust Fund, including 20% of the moneys received from hospital providers under Section 5A‑4 and transferred into the Hospital Provider Fund under Section 5A‑6. For State fiscal year 2006 for making transfers to the Health and Human Services Medicaid Trust Fund of up to $130,000,000 per year of the moneys received from hospital providers under Section 5A‑4 and transferred into the Hospital Provider Fund under Section 5A‑6. Transfers under this paragraph shall be made within 7 days after the payments have been received pursuant to the schedule of payments provided in subsection (a) of Section 5A‑4. | |
(7.5) For State fiscal year 2007 for making |
| transfers of the moneys received from hospital providers under Section 5A‑4 and transferred into the Hospital Provider Fund under Section 5A‑6 to the designated funds not exceeding the following amounts in that State fiscal year: | |
Health and Human Services
Medicaid Trust Fund . . . . . . . . . . . . . . . . . .
$20,000,000
Long‑Term Care Provider Fund . . . . . . . . . . . . .
$30,000,000
General Revenue Fund . . . . . . . . . . . . . . . . . . . .
$80,000,000.
Transfers under this paragraph shall be made within 7 |
| days after the payments have been received pursuant to the schedule of payments provided in subsection (a) of Section 5A‑4. | |
(7.8) For State fiscal year 2008, for making |
| transfers of the moneys received from hospital providers under Section 5A‑4 and transferred into the Hospital Provider Fund under Section 5A‑6 to the designated funds not exceeding the following amounts in that State fiscal year: | |
Health and Human Services
Medicaid Trust Fund . . . . . . . . . . . . . . . . . . .
$40,000,000
Long‑Term Care Provider Fund . . . . . . . . . . . . . . .
$60,000,000
General Revenue Fund . . . . . . . . . . . . . . . . . . . .
$160,000,000.
Transfers under this paragraph shall be made within 7 |
| days after the payments have been received pursuant to the schedule of payments provided in subsection (a) of Section 5A‑4. | |
(7.9) For State fiscal years 2009 through 2013, for |
| making transfers of the moneys received from hospital providers under Section 5A‑4 and transferred into the Hospital Provider Fund under Section 5A‑6 to the designated funds not exceeding the following amounts in that State fiscal year: | |
Health and Human Services
Medicaid Trust Fund . . . . . . . . . . . . . . . . . . . .
$20,000,000
Long Term Care Provider Fund . . . . . . . . . . . . . . .
$30,000,000
General Revenue Fund . . . . . . . . . . . . . . . . . . . . . .
$80,000,000.
Except as provided under this paragraph, transfers |
| under this paragraph shall be made within 7 business days after the payments have been received pursuant to the schedule of payments provided in subsection (a) of Section 5A‑4. For State fiscal year 2009, transfers to the General Revenue Fund under this paragraph shall be made on or before June 30, 2009, as sufficient funds become available in the Hospital Provider Fund to both make the transfers and continue hospital payments. | |
(8) For making refunds to hospital providers pursuant |
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Disbursements from the Fund, other than transfers aut
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