§ 5-5.4e. Nursing facilities; ventilator rates. On and after October 1, 2009, the Department of Healthcare and Family Services shall
adopt rules to provide medical assistance reimbursement under this Article for the
care of persons on ventilators in skilled nursing facilities licensed under the Nursing
Home Care Act and certified to participate under the medical assistance program. Accordingly, necessary amendments to the rules implementing the Minimum Data Set
(MDS) payment methodology shall also be made to provide a separate per diem ventilator
rate based on days of service. The Department 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.
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
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