101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1148

 

Introduced 2/5/2019, by Sen. Heather A. Steans

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 1705/55.5 new
305 ILCS 5/5-5.4k new

    Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department of Human Services shall establish reimbursement rates that build toward livable wages for front-line personnel in residential and day programs and service coordination agencies serving persons with intellectual and developmental disabilities under the Act, including, but not limited to, intermediate care for the developmentally disabled facilities, medically complex for the developmentally disabled facilities, community-integrated living arrangements, community day services, employment, and other residential and day programs for persons with intellectual and developmental disabilities supported by State funds or funding under Title XIX of the federal Social Security Act. Provides that on or before July 1, 2019, the Department shall increase rates and reimbursements and on or before that date, direct support persons shall earn a base wage of not less than $5.25 per hour above the highest applicable federal, State, county, or municipal minimum wage, and on or before that date, other front-line personnel shall earn a commensurate wage. Provides that on or before July 1, 2021, the Department shall increase rates and reimbursements and on or before that date, direct support persons shall earn a base wage of not less than $6.75 per hour above the highest applicable federal, State, county, or municipal minimum Wage, and on or before July 1, 2021, other front-line personnel shall earn a commensurate wage. Amends the Illinois Public Aid Code to make conforming changes. Effective immediately.


LRB101 07086 RLC 52123 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1148LRB101 07086 RLC 52123 b

1    AN ACT concerning care for persons with developmental
2disabilities, which may be referred to as the Community
3Disability Living Wage Act.
 
4    WHEREAS, An estimated 27,000 children and adults with
5intellectual and developmental disabilities are supported in
6community-based settings in Illinois; direct support persons
7(DSPs), are trained paraprofessional staff that are engaged in
8activities of daily living and community support; too many of
9these employees earn wages that place them and their families
10below the poverty level; and
 
11    WHEREAS, According to the most recent Illinois industry
12surveys, the average DSP wage in Illinois is below the U.S.
13Department of Health and Human Services poverty threshold of
14$12.07 for a family of 4 and one out of every 4 DSP jobs in
15provider agencies are going unfilled; low wages often compel
16DSPs to work many overtime hours or hold down a second job to
17support their families; research by the American Network of
18Community Options and Resources (ANCOR), inclusive of
19Illinois, reveals 56% of DSPs rely on public assistance to make
20ends meet, creating additional expenditures for State
21government; low wages are a consequence of the historically low
22reimbursement rates paid by the State of Illinois to
23community-based service providers; a 50 cent wage increase last
24year was only the second increase in State funding in 10 years;
25the Consumer Price Index increased 18% over the same period;

 

 

SB1148- 2 -LRB101 07086 RLC 52123 b

1and
 
2    WHEREAS, The lack of adequate wages for employees who
3perform the challenging work of supporting persons with
4intellectual and developmental disabilities results in high
5employee turnover, which in turn negatively impacts the quality
6of services provided, higher wages are proven to reduce staff
7turnover, improving stability and quality of services while
8reducing employer training costs; and
 
9    WHEREAS, Rising wages in several other sectors now mean,
10despite the modest wage increase and strenuous efforts to
11recruit new workers, agencies are experiencing staff vacancy
12rates of up to 40%; excessive vacancies force employers to rely
13more on overtime, leading to staff burnout and driving up
14costs; for the second year in a row the federal court monitor
15documented how this growing hiring crisis impedes the ability
16of community disability agencies to expand to accommodate
17persons newly approved for services as part of the Ligas
18Consent Decree; and
 
19    WHEREAS, The General Assembly finds that in order to reduce
20turnover, increase retention, fill vacancies, and ensure DSPs
21are adequately compensated for the critically important work
22they do, an increase in rates and reimbursements to
23community-based service providers to effectuate an increase in

 

 

SB1148- 3 -LRB101 07086 RLC 52123 b

1the hourly wage paid to DSPs is needed; and
 
2    WHEREAS, It is the purpose of this Act to increase the
3wages of DSPs in community disability agencies beyond the
4poverty level and to a level competitive with rival employers,
5in an effort to improve the lives of DSPs and the lives of the
6vulnerable persons they support; therefore
 
7    Be it enacted by the People of the State of Illinois,
8represented in the General Assembly:
 
9    Section 5. The Mental Health and Developmental
10Disabilities Administrative Act is amended by adding Section
1155.5 as follows:
 
12    (20 ILCS 1705/55.5 new)
13    Sec. 55.5. Increased wages for front-line personnel. In
14this Section, "front-line personnel" means direct support
15persons, aides, front-line supervisors, qualified intellectual
16disabilities professionals, nurses, and non-administrative
17support staff working in service settings as provided in this
18Section. The Department shall establish reimbursement rates
19that build toward livable wages for front-line personnel in
20residential and day programs and service coordination agencies
21serving persons with intellectual and developmental
22disabilities under Section 54 of this Act, including, but not

 

 

SB1148- 4 -LRB101 07086 RLC 52123 b

1limited to, intermediate care for the developmentally disabled
2facilities, medically complex for the developmentally disabled
3facilities, community-integrated living arrangements,
4community day services, employment, and other residential and
5day programs for persons with intellectual and developmental
6disabilities supported by State funds or funding under Title
7XIX of the federal Social Security Act. On or before July 1,
82019, the Department shall increase rates and reimbursements
9and on or before that date direct support persons shall earn a
10base wage of not less than $5.25 per hour above the highest
11applicable federal, State, county, or municipal minimum wage,
12and on or before that date, other front-line personnel shall
13earn a commensurate wage. On or before July 1, 2021, the
14Department shall increase rates and reimbursements and on or
15before that date, direct support persons shall earn a base wage
16of not less than $6.75 per hour above the highest applicable
17federal, State, county, or municipal minimum wage, and on or
18before July 1, 2021, other front-line personnel shall earn a
19commensurate wage.
 
20    Section 10. The Illinois Public Aid Code is amended by
21adding Section 5-5.4k as follows:
 
22    (305 ILCS 5/5-5.4k new)
23    Sec. 5-5.4k. Increased wages for front-line personnel. In
24this Section, "front-line personnel" means direct support

 

 

SB1148- 5 -LRB101 07086 RLC 52123 b

1persons, aides, front-line supervisors, qualified intellectual
2disabilities professionals, nurses, and non-administrative
3support staff working in service settings as provided in this
4Section. On or before July 1, 2019, under Section 55.5 of the
5Mental Health and Developmental Disabilities Administrative
6Act, the payment rate for all facilities licensed by the
7Department of Public Health under the ID/DD Community Care Act
8as intermediate care for the developmentally disabled
9facilities and under the MC/DD Act as medically complex for the
10developmentally disabled facilities shall be increased to fund
11rates and reimbursements. On or before July 1, 2019 direct
12support persons shall earn a base wage of not less than $5.25
13per hour above the highest applicable federal, State, county,
14or municipal minimum wages and other front-line personnel shall
15earn a commensurate wage. On or before July 1, 2021, the
16Department shall increase rates and reimbursements and on or
17before that date direct support persons shall earn a base wage
18of not less than $6.75 per hour above the highest applicable
19federal, State, county, or municipal minimum wage and other
20front-line personnel shall earn a commensurate wage.
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.