(a) On and after July 1, 2009, and until April 1, 2011, the nursing component of the
nursing facility medical assistance rate computed under the Minimum Data Set (MDS)
payment methodology shall be calculated and adjusted quarterly. The Department of Healthcare and Family Services may adopt rules necessary to implement
this amendatory Act of the 96th General Assembly through the use of emergency rulemaking
in accordance with Section 5-45 of the Illinois Administrative Procedure Act, except
that the 24-month limitation on the adoption of emergency rules under Section 5-45
and the provisions of Sections 5-115 and 5-125 of that Act do not apply to rules adopted
under this Section. For purposes of that Act, the General Assembly finds that the adoption of rules
to implement this amendatory Act of the 96th General Assembly is deemed an emergency
and necessary for the public interest, safety, and welfare.
(b) On April 1, 2011, the nursing component of the nursing facility medical assistance
rate computed under the Minimum Data Set (MDS) payment methodology shall be frozen
to allow the Department of Healthcare and Family Services to develop a rate methodology
based on a federally mandated long term care data collection system. The rates in effect prior to and through the quarter ending March 31, 2011, shall
continue to be subject to follow-up audits and retroactive rate adjustments pursuant
to administrative rules of the Department for reviews of accuracy and resident assessment
information. The reimbursement methodology for a Class I Institution for Mental Diseases shall
also be frozen pending review of a federally mandated long term care data collection
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