101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5074

 

Introduced 2/18/2020, by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 100/5-45.1 new
20 ILCS 1705/55.5 new
305 ILCS 5/5-5.4i

    Amends the Mental Health and Developmental Disabilities Administrative Act and the Illinois Public Aid Code. Provides that within 30 days after the effective date of the amendatory Act, the Department of Human Services and the Department of Healthcare and Family Services (Departments) shall increase by 20% rates and reimbursements in effect on June 30, 2020 for community-based providers of services for persons with developmental disabilities and for ID/DD facilities and MC/DD facilities. Requires community-based providers, ID/DD facilities, and MC/DD facilities to use at least 75% of the amount of the rate increase to increase the wages and benefits paid to their staff. Requires the Departments to ensure wage rate components are at least 145% of the statewide, regional, or local minimum wage rate, whichever is higher, as determined by the Departments. Requires community-based providers of services for persons with developmental disabilities, ID/DD facilities, and MC/DD facilities to certify compliance with the provisions of the amendatory Act in a form and manner prescribed by the Departments. Requires the Departments to adopt emergency rules to implement the provisions of the amendatory Act. Amends the Illinois Administrative Procedure Act. Grants the Departments emergency rulemaking authority. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning public aid.
 
2    WHEREAS, The They Deserve More Coalition represents 88
3organizations, including community providers, statewide
4advocacy associations, labor organizations, and people with
5intellectual and developmental disabilities, their families,
6and their caregivers; and
 
7    WHEREAS, Over 60% of the provider organizations
8represented by the They Deserve More Coalition operate
9community-integrated living arrangements and community care
10programs for persons with intellectual and developmental
11disabilities, as well as facilities licensed by the Department
12of Public Health under the ID/DD Community Care Act as ID/DD
13facilities and under the MC/DD Act as MC/DD facilities; and
 
14    WHEREAS, The They Deserve More Coalition came together to
15advocate for a direct support persons wage increase for the
16first time in 11 years for State Fiscal Year 2018; and
 
17    WHEREAS, The wage increases of $.75 and $.50 for State
18Fiscal Years 2018 and 2019, respectively, along with a 3.5%
19rate increase in State Fiscal Year 2020 have shown the
20commitment of the Department of Human Services' Division of
21Developmental Disabilities to stabilize the community provider
22system; and
 

 

 

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1    WHEREAS, The They Deserve More Coalition continues its
2advocacy in requesting, for State Fiscal Year 2021, a 20%
3appropriation increase in the overall rates for community
4providers of services for persons with intellectual and
5developmental disabilities, as well as a 20% appropriation
6increase in overall rates for facilities licensed by the
7Department of Public Health under the ID/DD Community Care Act
8as ID/DD facilities and under the MC/DD Act as MC/DD
9facilities; and
 
10    WHEREAS, A 20% increase in overall rates for community
11providers and facilities that serve persons with intellectual
12and developmental disabilities is estimated to add
13$266,275,700 to the State Fiscal Year 2021 budget; and
 
14    WHEREAS, A 20% increase in overall rates is needed so that
15community providers and facilities can: (i) address workforce
16issues, including minimum wage mandates; (ii) provide access to
17community-based services not only for those persons who are
18currently served, but also for those persons who are being
19released from the Prioritization for Urgency of Need for
20Services (PUNS) waiting list; and (iii) ensure compliance with
21the Ligas Consent Decree; and
 
22    WHEREAS, Another goal is to stabilize the community
23provider system in order to map out capacity growth and reduce

 

 

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1the PUNS waiting list moving forward, as well as to ensure that
2rate increases for community providers are flexible and based
3on regional minimum wage mandates; therefore
 
4    Be it enacted by the People of the State of Illinois,
5represented in the General Assembly:
 
6    Section 5. The Illinois Administrative Procedure Act is
7amended by adding Section 5-45.1 as follows:
 
8    (5 ILCS 100/5-45.1 new)
9    Sec. 5-45.1. Emergency rulemaking; Departments of Human
10Services and Healthcare and Family Services. To provide for the
11expeditious and timely implementation of changes made by this
12amendatory Act of the 101st General Assembly to Section 55.5 of
13the Mental Health and Developmental Disabilities
14Administrative Act and subsections (d) and (e) of Section
155-5.4i of the Illinois Public Aid Code, emergency rules may be
16adopted in accordance with Section 5-45 by the respective
17Department. The adoption of emergency rules authorized by
18Section 5-45 and this Section is deemed to be necessary for the
19public interest, safety, and welfare.
20    This Section is repealed on January 1, 2026.
 
21    Section 10. The Mental Health and Developmental
22Disabilities Administrative Act is amended by adding Section

 

 

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155.5 as follows:
 
2    (20 ILCS 1705/55.5 new)
3    Sec. 55.5. Investing in ID/DD services and supports.
4    (a) Subject to federal approval, within 30 days after the
5effective date of this amendatory Act of the 101st General
6Assembly, the Department shall increase by 20% rates and
7reimbursements in effect on June 30, 2020 for community-based
8providers of services for persons with developmental
9disabilities. The Department shall adopt rules, including
10emergency rules in accordance with the Illinois Administrative
11Procedure Act, to implement the provisions of this Section.
12    (b) Community-based providers shall use at least 75% of the
13amount of the increase described in subsection (a) to increase
14the wages and benefits paid to staff employed by the
15community-based providers.
16    (c) The Department shall ensure wage rate components are at
17least 145% of the statewide, regional, or local minimum wage
18rate, whichever is higher, as determined by the Department.
19    (d) Community-based providers shall certify compliance
20with subsection (b) in a form and manner prescribed by the
21Department.
 
22    Section 15. The Illinois Public Aid Code is amended by
23changing Section 5-5.4i as follows:
 

 

 

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1    (305 ILCS 5/5-5.4i)
2    Sec. 5-5.4i. Rates and reimbursements.
3    (a) Within 30 days after July 6, 2017 (the effective date
4of Public Act 100-23), the Department shall increase rates and
5reimbursements to fund a minimum of a $0.75 per hour wage
6increase for front-line personnel, including, but not limited
7to, direct support persons, aides, front-line supervisors,
8qualified intellectual disabilities professionals, nurses, and
9non-administrative support staff working in community-based
10provider organizations serving individuals with developmental
11disabilities. The Department shall adopt rules, including
12emergency rules under subsection (y) of Section 5-45 of the
13Illinois Administrative Procedure Act, to implement the
14provisions of this Section.
15    (b) Within 30 days after June 4, 2018 (the effective date
16of Public Act 100-587), the Department shall increase rates and
17reimbursements to fund a minimum of a $0.50 per hour wage
18increase for front-line personnel, including, but not limited
19to, direct support persons, aides, front-line supervisors,
20qualified intellectual disabilities professionals, nurses, and
21non-administrative support staff working in community-based
22provider organizations serving individuals with developmental
23disabilities. The Department shall adopt rules, including
24emergency rules under subsection (bb) of Section 5-45 of the
25Illinois Administrative Procedure Act, to implement the
26provisions of this Section.

 

 

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1    (c) Within 30 days after the effective date of this
2amendatory Act of the 101st General Assembly, subject to
3federal approval, the Department shall increase rates and
4reimbursements in effect on June 30, 2019 for community-based
5providers for persons with Developmental Disabilities by 3.5%.
6The Department shall adopt rules, including emergency rules
7under subsection (ii) of Section 5-45 of the Illinois
8Administrative Procedure Act, to implement the provisions of
9this Section, including wage increases for direct care staff.
10    (d) Subject to federal approval, within 30 days after the
11effective date of this amendatory Act of the 101st General
12Assembly, the Department shall increase by 20% rates and
13reimbursements in effect on June 30, 2020 for community-based
14providers of services for persons with developmental
15disabilities. The Department shall adopt rules, including
16emergency rules in accordance with the Illinois Administrative
17Procedure Act, to implement the provisions of this subsection.
18        (1) Community-based providers shall use at least 75% of
19    the amount of the increase described in subsection (d) to
20    increase the wages and benefits paid to staff employed by
21    the community-based providers.
22        (2) The Department shall ensure wage rate components
23    are at least 145% of the statewide, regional, or local
24    minimum wage rate, whichever is higher, as determined by
25    the Department.
26        (3) Community-based providers shall certify compliance

 

 

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1    with paragraph (1) in a form and manner prescribed by the
2    Department of Human Services.
3    (e) Subject to federal approval, for facilities licensed by
4the Department of Public Health under the ID/DD Community Care
5Act as ID/DD facilities and under the MC/DD Act as MC/DD
6facilities, the rates taking effect for services delivered on
7and after August 1, 2020 shall be increased by 20% over the
8rates in effect on June 30, 2020. The Department shall adopt
9rules, including emergency rules in accordance with the
10Illinois Administrative Procedure Act, to implement the
11provisions of this subsection.
12        (1) ID/DD facilities and MC/DD facilities shall use at
13    least 75% of the amount of the increase described in
14    subsection (e) to increase the wages and benefits paid to
15    staff employed by the facilities.
16        (2) The Department shall ensure wage rate components
17    are at least 145% of the applicable statewide, City of
18    Chicago, or Cook County minimum wage rate, whichever is
19    higher, as determined by the Department.
20        (3) ID/DD facilities and MC/DD facilities shall
21    certify compliance with paragraph (1) in a form and manner
22    prescribed by the Department of Human Services.
23(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
24101-10, eff. 6-5-19.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.