(a) A Safety-Net Hospital is an Illinois hospital that:
         (1) is licensed by the Department of Public Health as
    
a general acute care or pediatric hospital; and
        (2) is a disproportionate share hospital, as
    
described in Section 1923 of the federal Social Security Act, as determined by the Department; and
        (3) meets one of the following:

Terms Used In Illinois Compiled Statutes 305 ILCS 5/5-5e.1

  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.

             (A) has a MIUR of at least 40% and a charity
        
percent of at least 4%; or
            (B) has a MIUR of at least 50%.
     (b) Definitions. As used in this Section:
         (1) “Charity percent” means the ratio of (i) the
    
hospital’s charity charges for services provided to individuals without health insurance or another source of third party coverage to (ii) the Illinois total hospital charges, each as reported on the hospital’s OBRA form.
        (2) “MIUR” means Medicaid Inpatient Utilization Rate
    
and is defined as a fraction, the numerator of which is the number of a hospital’s inpatient days provided in the hospital’s fiscal year ending 3 years prior to the rate year, to patients who, for such days, were eligible for Medicaid under Title XIX of the federal Social Security Act, 42 USC 1396a et seq., excluding those persons eligible for medical assistance pursuant to 42 U.S.C. § 1396a(a)(10)(A)(i)(VIII) as set forth in paragraph 18 of Section 5-2 of this Article, and the denominator of which is the total number of the hospital’s inpatient days in that same period, excluding those persons eligible for medical assistance pursuant to 42 U.S.C. § 1396a(a)(10)(A)(i)(VIII) as set forth in paragraph 18 of Section 5-2 of this Article.
        (3) “OBRA form” means form HFS-3834, OBRA ’93 data
    
collection form, for the rate year.
        (4) “Rate year” means the 12-month period beginning
    
on October 1.
    (c) Beginning July 1, 2012 and ending on December 31, 2026, a hospital that would have qualified for the rate year beginning October 1, 2011 or October 1, 2012 shall be a Safety-Net Hospital.
     (c-5) Beginning July 1, 2020 and ending on December 31, 2026, a hospital that would have qualified for the rate year beginning October 1, 2020 and was designated a federal rural referral center under 42 C.F.R. § 412.96 as of October 1, 2020 shall be a Safety-Net Hospital.
     (d) No later than August 15 preceding the rate year, each hospital shall submit the OBRA form to the Department. Prior to October 1, the Department shall notify each hospital whether it has qualified as a Safety-Net Hospital.
     (e) The Department may promulgate rules in order to implement this Section.
     (f) Nothing in this Section shall be construed as limiting the ability of the Department to include the Safety-Net Hospitals in the hospital rate reform mandated by Section 14-11 of this Code and implemented under Section 14-12 of this Code and by administrative rulemaking.
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