Legislative Report 2019

leadingageil.org PUBLIC POLICY

PRIORITIES

The consumer of today demands innovation, flexibility, quality and choice. Oftentimes randomly developed legislation and regulation can stifle your ability to pursue positive changes. LeadingAge ' public policy goal is to advocate for legislation that will positively influence your daily operations and contribute to your future growth. We advocate for consumer-friendly legislation that will allow you the flexibility to provide quality service while meeting the demands of your customers. The enduring objectives of the LeadingAge Illinois public policy agenda include, but are clearly not limited to:  Advocating for all members - your best interest is our number one priority!  Obtaining adequate reimbursement to all to allow you to maintain and improve quality to your customers.  Preserving the Assisted Living social model.  Defeating onerous and innovation-stifling legislation.  Promoting resident/customer directed care and services.  Developing consumer protection standards  Preserving and promoting the growth of the Supportive Living Program.

In the 2019 Spring Session of the Illinois General Assembly, LeadingAge Illinois, armed with the above objectives, engaged in unwavering advocacy efforts to support legislative that advance our priorities and defeat legislation that places undue burden on members. The following report highlights the LeadingAge Illinois activity and successes this Spring Session.

leadingageil.org ADVOCACY DAY

2019

The inaugural LeadingAge Illinois Advocacy Day was held May 8, 2019 at the Illinois State Capitol in Springfield. The full continuum of care was highlighted as members from throughout the state converged on the Capitol Complex to push the LeadingAge Illinois Public Policy Priorities.

Issues discussed with legislators included:  National Workforce Crisis Facing Long Term Care Services and Supports.  The Growing Need for Workers.  Senior Living Impact in Illinois.  LTC Medicaid Budget Issues and Impact of the Minimum Wage In- crease.  Proposed solutions for problems caus- ing the late determination crisis.  Managed Care Oversight.  Impact Analysis of the Minimum Wage Increase.  Additional Priorities.

leadingageil.org STATE BUDGET

FY20

Adequately funding Medicaid is imperative to ensuring the highest quality of care for member communities throughout the state.

LeadingAge Illinois attended several budget meetings and negotiations throughout the Spring legislative session with legislators and legislative leaders, the other long term care associations and Service Employees International Union (SEIU) to come to an agreement on Medicaid funding in the FY20 State Budget.

The negotiations resulted in the following Medicaid funding in the Fiscal Year 2020 Budget:  $240 increase in additional SNF Medicaid funding ($170 million for support rate/ $70 million for staffing),  $38.2 million to assist Medicaid providers with the first year minimum wage increase ($8 million dedicated to skilled nursing)  $50 million in addition Supportive Living funding (linking 54.3% of nursing rate).

PARTNERS IN QUALITY LEGISLATIVE VISITS

LeadingAge Illinois held 15 strategic and key Partners in Quality legislative visits at member communities throughout the state during the legislative session with the goal to push our public policy priorities. Since the initiative began in 2006, over 600 legislative visits have been held at member communities, building beneficial relationships and educating legislators on older adult care and services and the challenges and issues facing providers.

leadingageil.org LEGISLATION

SUPPORTED

HB1459 - Rep. (D-12th District; ). This bill would have amended the Nurse Practice Act and ratified and approved the Nurse Licensure Compact, which allows for the issuance of multistate licenses that allow nurses to practice in their home state and other compact states. Although the legislation did not pass this session, LeadingAge Illinois will convene a meeting with the nurses associations over the summer to discuss the issue as well as incorporate the issue into the summer Partners in Quality legislative visits.

HB2488 - Rep. Kathleen Willis (D-77th District; Northlake), Majority Conference Chairperson. This legislation would have created the Continuing Care Retirement Community Transparency Task Force to research and collect information on transparency and consumer protection issues for life care contracts. LeadingAge Illinois and a group of members met with the representative last year regarding CCRC/Life Care legislation she previously had proposed that would cause undue burden to the communities. The representative agreed to table the bill and introduce legislation creating a task force to look at issues. This bill was a result of that. The legislation passed the House, however, it was completely amended in the Senate to strike all language creating the task force. LeadingAge Illinois will continue to monitor the representative’s plan for the legislation. *LeadingAge Illinois was neutral on this legislation.

HB2659 - Rep. Norine Hammond (R-93rd District; Macomb), Assistant Republican Leader. Passed House 112-0 / Passed Senate 54-0. Medicaid pending legislation that clarified the deleted duplicative language in the Illinois Public Aid code related to provisional eligibility for long term care services. with additional language. The vehicle legislation worked in conjunction with the Medicaid ork Group, which LeadingAge Illinois attended and testified before.

SB109 - Sen. Terry Link (D-30th District; Gurnee), Assistant Majority Leader. Passed Senate 54-0 / Passed House 116-0. This bill amends the Authorized Electronic Monitoring in Long-Term Care Facilities Act to include assisted living dementia resident rooms. LeadingAge Illinois met with the sponsor to negotiate language to ensure the requirement is only in rooms of dementia residents and not required in other areas of the community. *LeadingAge Illinois was neutral on this legislation.

leadingageil.org LEGISLATION SUPPORTED

SB1319 - Sen. (D-8th District; Chicago). Passed Senate 55-0 / Passed House 91-20-1. The bill amends the Assisted Living and Shared Housing Act and prohibits unlawful discrimination by an owner, licensee, administrator, employee, or agent of an assisted living estab- lishment of residents in assisted living establishments related to factors (physical/mental disability, language barriers, cultural or social isolation caused by, among other things, racial and ethnic sta- tus, sexual orientation, gender identity, gender expression, or HIV status). LeadingAge Illinois met with the sponsor to express that it should always come down to exposure/treatment and minimizing risk for a community setting. Not discriminating on the condition, but whether or not a resident’s specific needs are met in that community setting because communities do discharge if needs are not adequately met or for the safety/health risk of themselves and others. Always comes down to the assessment of the person and not the condition. *LeadingAge Illinois was neutral on this bill.

SB1321 - Sen. Heather Steans (D-7th District; Chicago). Passed Senate 53-0 / Passed House 116-0. The bill contains provisions concerning acceptable information to verify continued eligibility for Medicaid and a review of the Medicaid redetermination process in order to identify changes that can increase the use of ex parte redetermination processing. The bill calls for audits for the State's Integrated Eligibility System and provisional eligibility for Medicaid long-term care services.

SB1573 - Sen. John Mulroe (D-10th District; Chicago). Passed Senate 57-0 / Passed House 116-0. Amends the Illinois Public Aid Code concerning provisional eligibility. Under the bill, HFS must maintain the applicant's provisional Medicaid enrollment status until a final eligibility determination is approved or the applicant's appeal has been adjudicated and eligibility is denied. HFS or the managed care organization, if applicable, must reimburse providers for services ren- dered during an applicant's provisional eligibility period. HFS must submit payment vouchers for all retroactive reimbursement due to the Office of the Comptroller within 10 business days of issuing provisional eligibility to an applicant.

The bill also amended the Equity in Long-term Care Quality Act, stating that IDPH, contingent upon approval by CMS, shall establish a nursing home labor force promotion, expansion, and retention program no later than January 1, 2020, using moneys appropriated from the Equity in Long-term Care Quality Fund. IDPH shall establish partnerships with one or more community colleges or universities to execute the program.

Provides for scholarship distribution and preferences. IDPH shall report to the General Assembly no later than January 30, 2020 on the status of the establishment of the program. No later than January 1, 2021, and each January 1 thereafter, the Department shall report to the General As- sembly the number of scholarships awarded during the preceding year and the demographics of the awardees. LEGISLATION

OPPOSED / DEFEATED

HB3521 - Rep. Emanuel Chris Welch (D-7th District; Westchester). Re-referred to House Rules on 3/29/19. For the third straight session, this legislation was introduced and again opposed by LeadingAge Illinois. As in previous attempts to move this legislation, LeadingAge Illinois met with the sponsor on several occasions expressing opposition on behalf of members. The sponsor again agreed to hold the bill. The bill would have removed the 30 waiver in emergency Involuntary discharges and would not allow an involuntary discharge if the resident’s physician states that the resident would not cause harm or danger in returning to the community. IDPH could, under the bill, order re-admittance and make an onsite inspection within three days to order compliance. If there is not compliance then a $1,250 daily fine imposed until resolved. The legislation would have also given ombudsman authority to request hearing without resident’s request.

THANK YOU TO THE MEMBERS

Throughout the session, LeadingAge Illinois worked with persistent determination to represent the legislative and regulatory interests of our members. The challenging session included some key legislative victories for us and we also fought hard against antagonistic legislation and attempts at adding further regulatory burdens to our members.

LeadingAge Illinois would like to thank members for their responsiveness in contacting their respective legislators when alerted about issues that affect the membership and the quality care and services they provide to older adults.

We look forward to visiting your communities this summer as part of the Partners in Quality campaign to further the LeadingAge Illinois Public Policy Priorities and educate legislators on the complete continuum of care.

If you have any questions, please do not hesitate to reach out to our public policy team: Kirk Riva Jason Speaks Vice President of Public Policy Manager of Policy and Communications 217-789-1677 (Office) 217-789-1677 (Office) 217-836-1677 (Cell) 217-415-9696 (Cell) [email protected] [email protected]