103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3764

 

Introduced 2/9/2024, by Sen. Karina Villa

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 100/5-45.55 new
20 ILCS 1705/74

    Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that, for community-based providers serving persons with intellectual/developmental disabilities, subject to federal approval of any relevant Waiver Amendment, the rates taking effect for services delivered on or after January 1, 2025 shall include an increase in the rate methodology sufficient to provide a $3 per hour wage rate increase for all direct support personnel and all other frontline personnel who are not subject to the Bureau of Labor Statistics' average wage increases and who work in residential and community day services settings, with at least $1.50 of those funds to be provided as a direct increase to base wages and the remaining $1.50 to be used flexibly for base wage increases. Provides that the rates taking effect for services delivered on or after January 1, 2025 shall include an increase sufficient to provide wages for all residential non-executive direct care staff, excluding direct support personnel, at the federal Department of Labor, Bureau of Labor Statistics' average wage as defined by rule by the Department of Human Services. Provides that for facilities licensed by the Department of Public Health under the ID/DD Community Care Act as ID/DD facilities and under the MC/DD Act as MC/DD facilities, subject to federal approval of a State Plan Amendment, the rates taking effect for services delivered on or after January 1, 2025, shall include a $3 per hour wage rate increase for all direct support personnel and all other frontline personnel who are not subject to the Bureau of Labor Statistics' average wage increases and who work in residential and community day services settings, with at least $1.50 of those funds to be provided as a direct increase to all aide base wages and the remaining $1.50 to be used flexibly for base wage increases to the rate methodology for aides. Provides that for residential services delivered on or after January 1, 2025, the rates shall include an increase sufficient to provide wages for all residential non-executive direct care staff, excluding aides, at the federal Department of Labor, Bureau of Labor Statistics' average wage as determined by the Department. Requires the Department to adopt rules, including emergency rules, to implement the amendatory Act.


LRB103 38213 KTG 68347 b

 

 

A BILL FOR

 

SB3764LRB103 38213 KTG 68347 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. The Illinois Administrative Procedure Act is
5amended by adding Section 5-45.55 as follows:
 
6    (5 ILCS 100/5-45.55 new)
7    Sec. 5-45.55. Emergency rulemaking; rate increase for
8direct support personnel and all frontline personnel. To
9provide for the expeditious and timely implementation of the
10changes made to Section 74 of the Mental Health and
11Developmental Disabilities Administrative Act by this
12amendatory Act of the 103rd General Assembly, emergency rules
13implementing the those changes made to Section 74 of the
14Mental Health and Developmental Disabilities Administrative
15Act by this amendatory Act of the 103rd General Assembly may be
16adopted in accordance with Section 5-45 by the Department of
17Human Services. 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 one year after the effective date
21of this amendatory Act of the 103rd General Assembly.
 
22    Section 5. The Mental Health and Developmental

 

 

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1Disabilities Administrative Act is amended by changing Section
274 as follows:
 
3    (20 ILCS 1705/74)
4    Sec. 74. Rates and reimbursements.
5    (a) Within 30 days after July 6, 2017 (the effective date
6of Public Act 100-23), the Department shall increase rates and
7reimbursements to fund a minimum of a $0.75 per hour wage
8increase for front-line personnel, including, but not limited
9to, direct support professionals, aides, front-line
10supervisors, qualified intellectual disabilities
11professionals, nurses, and non-administrative support staff
12working in community-based provider organizations serving
13individuals with developmental disabilities. The Department
14shall adopt rules, including emergency rules under subsection
15(y) of Section 5-45 of the Illinois Administrative Procedure
16Act, to implement the provisions of this Section.
17    (b) Rates and reimbursements. Within 30 days after June 4,
182018 (the effective date of Public Act 100-587), the
19Department shall increase rates and reimbursements to fund a
20minimum of a $0.50 per hour wage increase for front-line
21personnel, including, but not limited to, direct support
22professionals, aides, front-line supervisors, qualified
23intellectual disabilities professionals, nurses, and
24non-administrative support staff working in community-based
25provider organizations serving individuals with developmental

 

 

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1disabilities. The Department shall adopt rules, including
2emergency rules under subsection (bb) of Section 5-45 of the
3Illinois Administrative Procedure Act, to implement the
4provisions of this Section.
5    (c) Rates and reimbursements. Within 30 days after June 5,
62019 (the effective date of Public Act 101-10), subject to
7federal approval, the Department shall increase rates and
8reimbursements in effect on June 30, 2019 for community-based
9providers for persons with Developmental Disabilities by 3.5%
10The Department shall adopt rules, including emergency rules
11under subsection (jj) of Section 5-45 of the Illinois
12Administrative Procedure Act, to implement the provisions of
13this Section, including wage increases for direct care staff.
14    (d) For community-based providers serving persons with
15intellectual/developmental disabilities, subject to federal
16approval of any relevant Waiver Amendment, the rates taking
17effect for services delivered on or after January 1, 2022,
18shall include an increase in the rate methodology sufficient
19to provide a $1.50 per hour wage increase for direct support
20professionals in residential settings and sufficient to
21provide wages for all residential non-executive direct care
22staff, excluding direct support professionals, at the federal
23Department of Labor, Bureau of Labor Statistics' average wage
24as defined in rule by the Department.
25    The establishment of and any changes to the rate
26methodologies for community-based services provided to persons

 

 

SB3764- 4 -LRB103 38213 KTG 68347 b

1with intellectual/developmental disabilities are subject to
2federal approval of any relevant Waiver Amendment and shall be
3defined in rule by the Department. The Department shall adopt
4rules, including emergency rules as authorized by Section 5-45
5of the Illinois Administrative Procedure Act, to implement the
6provisions of this subsection (d).
7    (e) For community-based providers serving persons with
8intellectual/developmental disabilities, subject to federal
9approval of any relevant Waiver Amendment, the rates taking
10effect for services delivered on or after January 1, 2023,
11shall include an increase in the rate methodology sufficient
12to provide a $1.00 per hour wage increase for all direct
13support professionals and all other frontline personnel who
14are not subject to the Bureau of Labor Statistics' average
15wage increases, who work in residential and community day
16services settings, with at least $0.50 of those funds to be
17provided as a direct increase to base wages, with the
18remaining $0.50 to be used flexibly for base wage increases.
19In addition, the rates taking effect for services delivered on
20or after January 1, 2023 shall include an increase sufficient
21to provide wages for all residential non-executive direct care
22staff, excluding direct support professionals, at the federal
23Department of Labor, Bureau of Labor Statistics' average wage
24as defined in rule by the Department.
25    The establishment of and any changes to the rate
26methodologies for community-based services provided to persons

 

 

SB3764- 5 -LRB103 38213 KTG 68347 b

1with intellectual/developmental disabilities are subject to
2federal approval of any relevant Waiver Amendment and shall be
3defined in rule by the Department. The Department shall adopt
4rules, including emergency rules as authorized by Section 5-45
5of the Illinois Administrative Procedure Act, to implement the
6provisions of this subsection.
7    (f) For community-based providers serving persons with
8intellectual/developmental disabilities, subject to federal
9approval of any relevant Waiver Amendment, the rates taking
10effect for services delivered on or after January 1, 2024
11shall include an increase in the rate methodology sufficient
12to provide a $2.50 per hour wage increase for all direct
13support professionals and all other frontline personnel who
14are not subject to the Bureau of Labor Statistics' average
15wage increases and who work in residential and community day
16services settings. At least $1.25 of the per hour wage
17increase shall be provided as a direct increase to base wages,
18and the remaining $1.25 of the per hour wage increase shall be
19used flexibly for base wage increases. In addition, the rates
20taking effect for services delivered on or after January 1,
212024 shall include an increase sufficient to provide wages for
22all residential non-executive direct care staff, excluding
23direct support professionals, at the federal Department of
24Labor, Bureau of Labor Statistics' average wage as defined in
25rule by the Department.
26    The establishment of and any changes to the rate

 

 

SB3764- 6 -LRB103 38213 KTG 68347 b

1methodologies for community-based services provided to persons
2with intellectual/developmental disabilities are subject to
3federal approval of any relevant Waiver Amendment and shall be
4defined in rule by the Department. The Department shall adopt
5rules, including emergency rules as authorized by Section 5-45
6of the Illinois Administrative Procedure Act, to implement the
7provisions of this subsection.
8    (g) For community-based providers serving persons with
9intellectual/developmental disabilities, subject to federal
10approval of any relevant Waiver Amendment, the rates taking
11effect for services delivered on or after January 1, 2025
12shall include an increase in the rate methodology sufficient
13to provide a $3 per hour wage rate increase for all direct
14support personnel and all other frontline personnel who are
15not subject to the Bureau of Labor Statistics' average wage
16increases and who work in residential and community day
17services settings, with at least $1.50 of those funds to be
18provided as a direct increase to base wages and the remaining
19$1.50 to be used flexibly for base wage increases. In
20addition, the rates taking effect for services delivered on or
21after January 1, 2025 shall include an increase sufficient to
22provide wages for all residential non-executive direct care
23staff, excluding direct support personnel, at the federal
24Department of Labor, Bureau of Labor Statistics' average wage
25as defined by rule by the Department. For services delivered
26on or after January 1, 2025, the rates shall include

 

 

SB3764- 7 -LRB103 38213 KTG 68347 b

1adjustments to employment-related expenses as defined by rule
2by the Department.
3    The establishment of and any changes to the rate
4methodologies for community-based services provided to persons
5with intellectual/developmental disabilities are subject to
6federal approval of any relevant Waiver Amendment and shall be
7defined in rule by the Department. The Department shall adopt
8rules, including emergency rules as authorized by Section 5-45
9of the Illinois Administrative Procedure Act, to implement the
10provisions of this subsection.
11    (h) For facilities licensed by the Department of Public
12Health under the ID/DD Community Care Act as ID/DD facilities
13and under the MC/DD Act as MC/DD facilities, subject to
14federal approval of a State Plan Amendment, the rates taking
15effect for services delivered on or after January 1, 2025
16shall include a $3 per hour wage rate increase for all direct
17support personnel and all other frontline personnel who are
18not subject to the Bureau of Labor Statistics' average wage
19increases and who work in residential and community day
20services settings, with at least $1.50 of those funds to be
21provided as a direct increase to all aide base wages and the
22remaining $1.50 to be used flexibly for base wage increases to
23the rate methodology for aides. In addition, for residential
24services delivered on or after January 1, 2025, the rates
25shall include an increase sufficient to provide wages for all
26residential non-executive direct care staff, excluding aides,

 

 

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1at the federal Department of Labor, Bureau of Labor
2Statistics' average wage as determined by the Department.
3Also, for services delivered on or after January 1, 2025, the
4rates shall include adjustments to employment-related expenses
5as defined by rule by the Department. The Department shall
6adopt rules, including emergency rules as authorized by
7Section 5-45 of the Illinois Administrative Procedure Act, to
8implement the provisions of this Section.
9(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
10102-830, eff. 1-1-23; 103-8, eff. 6-7-23; 103-154, eff.
116-30-23.)