305 ILCS 5/5-5.02
2021 Illinois Compiled Statutes|Chapter 305 - PUBLIC AID|305 ILCS 5/ - Illinois Public Aid Code.|Article V - Medical Assistance

 (from Ch. 23, par. 5-5.02)Sec. 5-5.02. Hospital reimbursements.(a) Reimbursement to hospitals; July 1, 1992 through September 30, 1992.  Notwithstanding any other provisions of this Code or the Illinois  Department's Rules promulgated under the Illinois Administrative Procedure  Act, reimbursement to hospitals for services provided during the period  July 1, 1992 through September 30, 1992, shall be as follows:(1) For inpatient hospital services rendered, or if     applicable, for inpatient hospital discharges occurring, on or after July 1, 1992 and on or before September 30, 1992, the Illinois Department shall reimburse hospitals for inpatient services under the reimbursement methodologies in effect for each hospital, and at the inpatient payment rate calculated for each hospital, as of June 30, 1992.  For purposes of this paragraph, "reimbursement methodologies" means all reimbursement methodologies that pertain to the provision of inpatient hospital services, including, but not limited to, any adjustments for disproportionate share, targeted access, critical care access and uncompensated care, as defined by the Illinois Department on June 30, 1992.(2) For the purpose of calculating the inpatient     payment rate for each hospital eligible to receive quarterly adjustment payments for targeted access and critical care, as defined by the Illinois Department on June 30, 1992, the adjustment payment for the period July 1, 1992 through September 30, 1992, shall be 25% of the annual adjustment payments calculated for each eligible hospital, as of June 30, 1992.  The Illinois Department shall determine by rule the adjustment payments for targeted access and critical care beginning October 1, 1992.(3) For the purpose of calculating the inpatient     payment rate for each hospital eligible to receive quarterly adjustment payments for uncompensated care, as defined by the Illinois Department on June 30, 1992, the adjustment payment for the period August 1, 1992 through September 30, 1992, shall be one-sixth of the total uncompensated care adjustment payments calculated for each eligible hospital for the uncompensated care rate year, as defined by the Illinois Department, ending on July 31, 1992.  The Illinois Department shall determine by rule the adjustment payments for uncompensated care beginning October 1, 1992.(b) Inpatient payments.  For inpatient services provided on or after October  1, 1993, in addition to rates paid for hospital inpatient services pursuant to  the Illinois Health Finance Reform Act, as now or hereafter amended, or the  Illinois Department's prospective reimbursement methodology, or any other  methodology used by the Illinois Department for inpatient services, the  Illinois Department shall make adjustment payments, in an amount calculated  pursuant to the methodology described in paragraph (c) of this Section, to  hospitals that the Illinois Department determines satisfy any one of the  following requirements:(1) Hospitals that are described in Section 1923 of     the federal Social Security Act, as now or hereafter amended, except that for rate year 2015 and after a hospital described in Section 1923(b)(1)(B) of the federal Social Security Act and qualified for the payments described in subsection (c) of this Section for rate year 2014 provided the hospital continues to meet the description in Section 1923(b)(1)(B) in the current determination year;  or(2) Illinois hospitals that have a Medicaid inpatient     utilization rate which is at least one-half a standard deviation above the mean Medicaid inpatient utilization rate for all hospitals in Illinois receiving Medicaid payments from the Illinois Department; or(3) Illinois hospitals that on July 1, 1991 had a     Medicaid inpatient utilization rate, as defined in paragraph (h) of this Section, that was at least the mean Medicaid inpatient utilization rate for all hospitals in Illinois receiving Medicaid payments from the Illinois Department and which were located in a planning area with one-third or fewer excess beds as determined by the Health Facilities and Services Review Board, and that, as of June 30, 1992, were located in a federally designated Health Manpower Shortage Area; or(4) Illinois hospitals that:(A) have a Medicaid inpatient utilization rate         that is at least equal to the mean Medicaid inpatient utilization rate for all hospitals in Illinois receiving Medicaid payments from the Department; and(B) also have a Medicaid obstetrical inpatient         utilization rate that is at least one standard deviation above the mean Medicaid obstetrical inpatient utilization rate for all hospitals in Illinois receiving Medicaid payments from the Department for obstetrical services; or(5) Any children's hospital, which means a hospital     devoted exclusively to caring for children.  A hospital which includes a facility devoted exclusively to caring for children shall be considered a children's hospital to the degree that the hospital's Medicaid care is provided to children if either (i) the facility devoted exclusively to caring for children is separately licensed as a hospital by a municipality prior to February 28, 2013; (ii) the hospital has been designated by the State as a Level III perinatal care facility, has a Medicaid Inpatient Utilization rate greater than 55% for the rate year 2003 disproportionate share determination, and has more than 10,000 qualified children days as defined by the Department in rulemaking; (iii) the hospital has been designated as a Perinatal Level III center by the State as of December 1, 2017, is a Pediatric Critical Care Center designated by the State as of December 1, 2017 and has a 2017 Medicaid inpatient utilization rate equal to or greater than 45%; or (iv) the hospital has been designated as a Perinatal Level II center by the State as of December 1, 2017, has a 2017 Medicaid Inpatient Utilization Rate greater than 70%, and has at least 10 pediatric beds as listed on the IDPH 2015 calendar year hospital profile; or(6) A hospital that reopens a previously closed     hospital facility within 3 calendar years of the hospital facility's closure, if the previously closed hospital facility qualified for payments under paragraph (c) at the time of closure, until utilization data for the new facility is available for the Medicaid inpatient utilization rate calculation. For purposes of this clause, a "closed hospital facility" shall include hospitals that have been terminated from participation in the medical assistance program in accordance with Section 12-4.25 of this Code.(c) Inpatient adjustment payments.  The adjustment payments required by  paragraph (b) shall be calculated based upon the hospital's Medicaid  inpatient utilization rate as follows:(1) hospitals with a Medicaid inpatient utilization     rate below the mean shall receive a per day adjustment payment equal to $25;(2) hospitals with a Medicaid inpatient utilization     rate that is equal to or greater than the mean Medicaid inpatient utilization rate but less than one standard deviation above the mean Medicaid inpatient utilization rate shall receive a per day adjustment payment equal to the sum of $25 plus $1 for each one percent that the hospital's Medicaid inpatient utilization rate exceeds the mean Medicaid inpatient utilization rate;(3) hospitals with a Medicaid inpatient utilization     rate that is equal to or greater than one standard deviation above the mean Medicaid inpatient utilization rate but less than 1.5 standard deviations above the mean Medicaid inpatient utilization rate shall receive a per day adjustment payment equal to the sum of $40 plus $7 for each one percent that the hospital's Medicaid inpatient utilization rate exceeds one standard deviation above the mean Medicaid inpatient utilization rate;(4) hospitals with a Medicaid inpatient utilization     rate that is equal to or greater than 1.5 standard deviations above the mean Medicaid inpatient utilization rate shall receive a per day adjustment payment equal to the sum of $90 plus $2 for each one percent that the hospital's Medicaid inpatient utilization rate exceeds 1.5 standard deviations above the mean Medicaid inpatient utilization rate; and(5) hospitals qualifying under clause (6) of     paragraph (b) shall have the rate assigned to the previously closed hospital facility at the date of closure, until utilization data for the new facility is available for the Medicaid inpatient utilization rate calculation.(d) Supplemental adjustment payments.  In addition to the adjustment  payments described in paragraph (c), hospitals as defined in clauses  (1) through (6) of paragraph (b), excluding county hospitals (as defined in  subsection (c) of Section 15-1 of this Code) and a hospital organized under the  University of Illinois Hospital Act, shall be paid supplemental inpatient  adjustment payments of $60 per day.  For purposes of Title XIX of the federal  Social Security Act, these supplemental adjustment payments shall not be  classified as adjustment payments to disproportionate share hospitals.(e) The inpatient adjustment payments described in paragraphs (c) and (d)  shall be increased on October 1, 1993 and annually thereafter by a percentage  equal to the lesser of (i) the increase in the DRI hospital cost index for the  most recent 12 month period for which data are available, or (ii) the  percentage increase in the statewide average hospital payment rate over the  previous year's statewide average hospital payment rate.  The sum of the  inpatient adjustment payments under paragraphs (c) and (d) to a hospital, other  than a county hospital (as defined in subsection (c) of Section 15-1 of this  Code) or a hospital organized under the University of Illinois Hospital Act,  however, shall not exceed $275 per day; that limit shall be increased on  October 1, 1993 and annually thereafter by a percentage equal to the lesser of  (i) the increase in the DRI hospital cost index for the most recent 12-month  period for which data are available or (ii) the percentage increase in the  statewide average hospital payment rate over the previous year's statewide  average hospital payment rate.(f) Children's hospital inpatient adjustment payments.  For children's  hospitals, as defined in clause (5) of paragraph (b), the adjustment payments  required pursuant to paragraphs (c) and (d) shall be multiplied by 2.0.(g) County hospital inpatient adjustment payments.  For county hospitals,  as defined in subsection (c) of Section 15-1 of this Code, there shall be an  adjustment payment as determined by rules issued by the Illinois Department.(h) For the purposes of this Section the following terms shall be defined  as follows:(1) "Medicaid inpatient utilization rate" means a     fraction, the numerator of which is the number of a hospital's inpatient days provided in a given 12-month period to patients who, for such days, were eligible for Medicaid under Title XIX of the federal Social Security Act, and the denominator of which is the total number of the hospital's inpatient days in that same period.(2) "Mean Medicaid inpatient utilization rate" means     the total number of Medicaid inpatient days provided by all Illinois Medicaid-participating hospitals divided by the total number of inpatient days provided by those same hospitals.(3) "Medicaid obstetrical inpatient utilization rate"     means the ratio of Medicaid obstetrical inpatient days to total Medicaid inpatient days for all Illinois hospitals receiving Medicaid payments from the Illinois Department.(i) Inpatient adjustment payment limit.  In order to meet the limits  of Public Law 102-234 and Public Law 103-66, the  Illinois Department shall by rule adjust  disproportionate share adjustment payments.(j) University of Illinois Hospital inpatient adjustment payments.  For  hospitals organized under the University of Illinois Hospital Act, there shall  be an adjustment payment as determined by rules adopted by the Illinois  Department.(k) The Illinois Department may by rule establish criteria for and develop  methodologies for adjustment payments to hospitals participating under this  Article.(l) On and after July 1, 2012, the Department shall reduce any rate of reimbursement for services or other payments or alter any methodologies authorized by this Code to reduce any rate of reimbursement for services or other payments in accordance with Section 5-5e.(m) The Department shall establish a cost-based reimbursement methodology for determining payments to hospitals for approved graduate medical education (GME) programs for dates of service on and after July 1, 2018.(1) As used in this subsection, "hospitals" means the     University of Illinois Hospital as defined in the University of Illinois Hospital Act and a county hospital in a county of over 3,000,000 inhabitants.(2) An amendment to the Illinois Title XIX State Plan     defining GME shall maximize reimbursement, shall not be limited to the education programs or special patient care payments allowed under Medicare, and shall include:(A) inpatient days;(B) outpatient days;(C) direct costs;(D) indirect costs;(E) managed care days;(F) all stages of medical training and education         including students, interns, residents, and fellows with no caps on the number of persons who may qualify; and(G)  patient care payments related to the         complexities of treating Medicaid enrollees including clinical and social determinants of health.(3) The Department shall make all GME payments     directly to hospitals including such costs in support of clients enrolled in Medicaid managed care entities.(4) The Department shall promptly take all actions     necessary for reimbursement to be effective for dates of service on and after July 1, 2018 including publishing all appropriate public notices, amendments to the Illinois Title XIX State Plan, and adoption of administrative rules if necessary.(5) As used in this subsection, "managed care days"     means costs associated with services rendered to enrollees of Medicaid managed care entities. "Medicaid managed care entities" means any entity which contracts with the Department to provide services paid for on a capitated basis. "Medicaid managed care entities" includes a managed care organization and a managed care community network.(6) All payments under this Section are contingent     upon federal approval of changes to the Illinois Title XIX State Plan, if that approval is required.(7) The Department may adopt rules necessary to     implement Public Act 100-581 through the use of emergency rulemaking in accordance with subsection (aa) of Section 5-45 of the Illinois Administrative Procedure Act. For purposes of that Act, the General Assembly finds that the adoption of rules to implement Public Act 100-581 is deemed an emergency and necessary for the public interest, safety, and welfare. (Source: P.A. 101-81, eff. 7-12-19; 102-682, eff. 12-10-21.)