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HB 2771

DPH-CERTIFICATE FEES

104th Regular Session Introduced by Omar Aquino and 4 co-sponsors

Raises DPH certificate fees from $10 to $65 for certificates of free sale/health, impacting Illinois food, drug, cosmetic, dairy, and medical device manufacturers/processors.

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Bill Summary · HB 2771

Summary — HB 2771 (Public Act 104-0007) — DPH Certificate Fees; Medicaid/Hospital Assessment; Emergency Rulemaking

Effective date: June 16, 2025
Public Act: 104-0007

Overview

HB 2771 is an enacted Illinois public act that (1) amends the Illinois Food, Drug and Cosmetic Act to change the fee charged by the Department of Public Health (DPH) for issuing certificates of free sale / health certificates, and (2) adds emergency‑rule authority and makes multiple amendments to the Illinois Public Aid Code governing hospital assessments and Medicaid reimbursement implementation. The Act was approved by the Governor on June 16, 2025.

Key provisions

  • DPH certificate fee (Illinois Food, Drug and Cosmetic Act, 410 ILCS 620/21.3)

    • Raises the fee DPH charges for issuing a certificate of free sale, health certificate, or equivalent (for Illinois food, dairy, drug, cosmetic or medical device manufacturers, processors, packers, or warehousers) from $10 to $65.

  • Emergency rulemaking for Medicaid reimbursement rates (amendment to the Illinois Administrative Procedure Act, new 5 ILCS 100/5-45.65)

    • Authorizes the Department of Healthcare and Family Services (HFS) to adopt emergency rules to implement changes made by this Act to specified sections of the Illinois Public Aid Code relating to inpatient and outpatient Medicaid reimbursement.
    • Declares such emergency rulemaking necessary for public interest, safety, and welfare.
    • The emergency-rule authorization is temporary and is repealed one year after the Act’s effective date.

  • Changes to the Illinois Public Aid Code (305 ILCS 5/)

    • Revises hospital assessment formulas and specified assessment amounts used to calculate annual inpatient service assessments (references in the enrolled text include amounts such as $218.38, $197.19, and $221.50 per occupied-bed-day less Medicare bed days for specified periods and fiscal years).
    • Specifies how hospitals’ occupied bed days and Medicare bed days are determined (by designated Medicare cost report quarters or alternate sources if unavailable).
    • Includes provisions on retroactivity and federal approval for assessment methodology changes, and transitional rules for certain periods (e.g., July 1, 2020 — Dec 31, 2020 and subsequent calendar years mentioned in the text).

Who is affected

  • Businesses requesting DPH certificates of free sale/health certificates (food, dairy, drug, cosmetic, and medical device manufacturers/processors/packers/warehousers) — higher certificate fee.
  • Hospitals and hospital providers — affected by revised assessment methodology and specified assessment amounts.
  • Department of Healthcare and Family Services (HFS) — granted emergency rulemaking authority to implement Medicaid reimbursement-related changes.
  • State Medicaid program and potentially state budget / reimbursements depending on assessment and rate changes.

Timeline and procedural notes

  • Filed/introduced in 2025; multiple committee and floor actions occurred in spring–early summer 2025.
  • Governor approved and signed into law: June 16, 2025.
  • Effective date: June 16, 2025.
  • Emergency-rule authority expires one year after the Act’s effective date.

Additional note

The bill package materials include prior/alternate text and amendments addressing a range of health and Medicaid financing provisions (several sections are complex and technical). Some inserted or earlier drafts in the compiled document reference different subject matter (including unrelated legislative text), but the enrolled Public Act (104-0007) implements the Illinois changes summarized above.

Compiled from official sources — confirm details with the bill’s official record.

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