Illinois General Assembly - Full Text of SB2335
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Full Text of SB2335  102nd General Assembly

SB2335 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2335

 

Introduced 2/26/2021, by Sen. Celina Villanueva

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Mental Health and Developmental Disabilities Administrative Act. Requires the Department of Human Services to 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. Provides that the Department shall increase rates and reimbursements so that by July 1, 2021 direct support persons wages shall be increased by $2 per hour, and so that other front-line personnel earn a commensurate wage. Requires the Department to increase rates and reimbursements in effect on January 1, 2021 for community-based providers for persons with developmental disabilities in order to fund, at a minimum, a $2 per hour wage increase. Amends the Illinois Public Aid Code. Provides that for ID/DD facilities and MC/DD facilities, the rates taking effect within 30 days after the effective date of the amendatory Act shall include an increase sufficient to provide a $2 per hour wage increase for non-executive front-line personnel, including, but not limited to, other specified staff and support personnel. Requires the Department of Healthcare and Family Services to increase the rates for ID/DD facilities and MC/DD facilities taking effect for services delivered on or after January 1, 2021 to provide a minimum $2 per hour wage increase over the wages in effect on January 1, 2021. Requires the Department to increase rates and reimbursements in effect on January 1, 2021 for community-based providers for persons with developmental disabilities in order to fund a minimum $2 per hour wage increase. Amends the Illinois Administrative Procedure Act. Effective immediately.


LRB102 17294 KTG 22775 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2335LRB102 17294 KTG 22775 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 who 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 median DSP wage in Illinois is just $12.04 per
13hour, below the U.S. Department of Health and Human Services
14poverty threshold of $12.38 for a family of 4 and one out of
15every 4 DSP jobs in provider agencies are going unfilled; low
16wages often compel DSPs to work many overtime hours or hold
17down a second job to support their families; research by the
18American Network of Community Options and Resources (ANCOR),
19inclusive of Illinois, reveals 56% of DSPs rely on public
20assistance to make ends meet, creating additional expenditures
21for State government; low wages are a consequence of the
22historically low reimbursement rates paid by the State of
23Illinois to community-based service providers; and
 
24    WHEREAS, Starting wages at many provider agencies are

 

 

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1below $12 per hour, the scheduled state minimum wage rate as of
2January 1, 2022; and
 
3    WHEREAS, The lack of adequate wages for employees who
4perform the challenging work of supporting persons with
5intellectual and developmental disabilities results in high
6employee turnover, which in turn negatively impacts the
7quality of services provided, higher wages are proven to
8reduce staff turnover, improving stability and quality of
9services while reducing employer training costs; and
 
10    WHEREAS, Rising wages in several other sectors now mean,
11despite the modest wage increase and strenuous efforts to
12recruit new workers, agencies are experiencing staff vacancy
13rates of up to 40%; excessive vacancies force employers to
14rely more on overtime, leading to staff burnout and driving up
15costs; for the third year in a row the federal court monitor
16documented how this growing hiring crisis impedes the ability
17of community disability agencies to expand to accommodate
18persons newly approved for services as part of the Ligas
19Consent Decree; and
 
20    WHEREAS, A December 2020 report issued by an independent
21consulting group commissioned by the State of Illinois to
22propose changes to the State's reimbursement for community
23disability agencies recommended that addressing DSP wages was

 

 

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1the number one priority for ensuring compliance with the
2mandates of the Ligas Consent Decree, and further recommended
3that wages for DSPs should be fixed at 150% of the prevailing
4minimum wage plus additional funding for benefits; and
 
5    WHEREAS, The General Assembly finds that in order to
6reduce turnover, increase retention, fill vacancies, and
7ensure DSPs are adequately compensated for the critically
8important work they do, an increase in rates and
9reimbursements to community-based service providers to
10effectuate an increase in the hourly wage paid to DSPs is
11needed; and
 
12    WHEREAS, It is the purpose of this Act to increase the
13wages of DSPs in community disability agencies beyond the
14poverty level and to a level competitive with rival employers
15and above the State minimum wage, in an effort to improve the
16lives of DSPs and the lives of the vulnerable persons they
17support; and
 
18    WHEREAS, It is the intent of the General Assembly to
19ensure that all funds resulting from rate increases provided
20to community disability agencies are allocated to front-line
21employee compensation in order to address the current
22workforce crisis which is the primary obstacle to the
23availability of community-based services for people with

 

 

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1disabilities; therefore
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Administrative Procedure Act is
5amended by adding Section 5-45.8 as follows:
 
6    (5 ILCS 100/5-45.8 new)
7    Sec. 5-45.8. Emergency rulemaking; Departments of Human
8Services and Healthcare and Family Services. To provide for
9the expeditious and timely implementation of changes made by
10this amendatory Act of the 102nd General Assembly to Section
1174 of the Mental Health and Developmental Disabilities
12Administrative Act and to Sections 5-5.4 and 5-5.4i of the
13Illinois Public Aid Code, emergency rules may be adopted in
14accordance with Section 5-45 by the respective Department. The
15adoption of emergency rules authorized by Section 5-45 and
16this Section is deemed to be necessary for the public
17interest, safety, and welfare.
18    This Section is repealed on January 1, 2026.
 
19    Section 10. The Mental Health and Developmental
20Disabilities Administrative Act is amended by changing Section
2174 and by adding Section 55.5 as follows:
 

 

 

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1    (20 ILCS 1705/55.5 new)
2    Sec. 55.5. Increased wages for front-line personnel. As
3used in this Section, "front-line personnel" means direct
4support persons, aides, front-line supervisors, qualified
5intellectual disabilities professionals, nurses, and
6non-administrative support staff working in service settings
7outlined in this Section.
8    The Department shall establish reimbursement rates that
9build toward livable wages for front-line personnel in
10residential and day programs and service coordination agencies
11serving persons with intellectual and developmental
12disabilities under Section 54 of this Act, including, but not
13limited to, intermediate care for the developmentally disabled
14facilities, medically complex for the developmentally disabled
15facilities, community-integrated living arrangements,
16community day services, employment, and other residential and
17day programs for persons with intellectual and developmental
18disabilities supported by State funds or funding under Title
19XIX of the federal Social Security Act.
20    The Department shall increase rates and reimbursements so
21that by July 1, 2021 direct support persons wages shall be
22increased by $2 per hour, and so that other front-line
23personnel earn a commensurate wage.
 
24    (20 ILCS 1705/74)
25    Sec. 74. Rates and reimbursements.

 

 

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

 

 

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1effective date of this amendatory Act of the 101st General
2Assembly, subject to federal approval, the Department shall
3increase rates and reimbursements in effect on June 30, 2019
4for community-based providers for persons with Developmental
5Disabilities by 3.5% The Department shall adopt rules,
6including emergency rules under subsection (jj) of Section
75-45 of the Illinois Administrative Procedure Act, to
8implement the provisions of this Section, including wage
9increases for direct care staff.
10    (d) Rates and reimbursements. Within 30 days after the
11effective date of this amendatory Act of the 102nd General
12Assembly, subject to federal approval, the Department shall
13increase rates and reimbursements in effect on January 1,
142021, for community-based providers for persons with
15developmental disabilities in order to fund a minimum $2 per
16hour wage increase. The Department shall adopt rules,
17including emergency rules under the Illinois Administrative
18Procedure Act, to implement the provisions of this Section,
19and require employers to certify that funds are allocated to
20wage increases for direct care staff.
21(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
22101-10, eff. 6-5-19.)
 
23    Section 15. The Illinois Public Aid Code is amended by
24changing Sections 5-5.4 and 5-5.4i as follows:
 

 

 

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1    (305 ILCS 5/5-5.4)  (from Ch. 23, par. 5-5.4)
2    Sec. 5-5.4. Standards of Payment - Department of
3Healthcare and Family Services. The Department of Healthcare
4and Family Services shall develop standards of payment of
5nursing facility and ICF/DD services in facilities providing
6such services under this Article which:
7    (1) Provide for the determination of a facility's payment
8for nursing facility or ICF/DD services on a prospective
9basis. The amount of the payment rate for all nursing
10facilities certified by the Department of Public Health under
11the ID/DD Community Care Act or the Nursing Home Care Act as
12Intermediate Care for the Developmentally Disabled facilities,
13Long Term Care for Under Age 22 facilities, Skilled Nursing
14facilities, or Intermediate Care facilities under the medical
15assistance program shall be prospectively established annually
16on the basis of historical, financial, and statistical data
17reflecting actual costs from prior years, which shall be
18applied to the current rate year and updated for inflation,
19except that the capital cost element for newly constructed
20facilities shall be based upon projected budgets. The annually
21established payment rate shall take effect on July 1 in 1984
22and subsequent years. No rate increase and no update for
23inflation shall be provided on or after July 1, 1994, unless
24specifically provided for in this Section. The changes made by
25Public Act 93-841 extending the duration of the prohibition
26against a rate increase or update for inflation are effective

 

 

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1retroactive to July 1, 2004.
2    For facilities licensed by the Department of Public Health
3under the Nursing Home Care Act as Intermediate Care for the
4Developmentally Disabled facilities or Long Term Care for
5Under Age 22 facilities, the rates taking effect on July 1,
61998 shall include an increase of 3%. For facilities licensed
7by the Department of Public Health under the Nursing Home Care
8Act as Skilled Nursing facilities or Intermediate Care
9facilities, the rates taking effect on July 1, 1998 shall
10include an increase of 3% plus $1.10 per resident-day, as
11defined by the Department. For facilities licensed by the
12Department of Public Health under the Nursing Home Care Act as
13Intermediate Care Facilities for the Developmentally Disabled
14or Long Term Care for Under Age 22 facilities, the rates taking
15effect on January 1, 2006 shall include an increase of 3%. For
16facilities licensed by the Department of Public Health under
17the Nursing Home Care Act as Intermediate Care Facilities for
18the Developmentally Disabled or Long Term Care for Under Age
1922 facilities, the rates taking effect on January 1, 2009
20shall include an increase sufficient to provide a $0.50 per
21hour wage increase for non-executive staff. For facilities
22licensed by the Department of Public Health under the ID/DD
23Community Care Act as ID/DD Facilities the rates taking effect
24within 30 days after July 6, 2017 (the effective date of Public
25Act 100-23) shall include an increase sufficient to provide a
26$0.75 per hour wage increase for non-executive staff. The

 

 

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1Department shall adopt rules, including emergency rules under
2subsection (y) of Section 5-45 of the Illinois Administrative
3Procedure Act, to implement the provisions of this paragraph.
4For facilities licensed by the Department of Public Health
5under the ID/DD Community Care Act as ID/DD Facilities and
6under the MC/DD Act as MC/DD Facilities, the rates taking
7effect within 30 days after the effective date of this
8amendatory Act of the 100th General Assembly shall include an
9increase sufficient to provide a $0.50 per hour wage increase
10for non-executive front-line personnel, including, but not
11limited to, direct support persons, aides, front-line
12supervisors, qualified intellectual disabilities
13professionals, nurses, and non-administrative support staff.
14The Department shall adopt rules, including emergency rules
15under subsection (bb) of Section 5-45 of the Illinois
16Administrative Procedure Act, to implement the provisions of
17this paragraph.
18    For facilities licensed by the Department of Public Health
19under the ID/DD Community Care Act as ID/DD facilities and
20under the MC/DD Act as MC/DD facilities, the rates taking
21effect within 30 days after the effective date of this
22amendatory Act of the 102nd General Assembly shall include an
23increase sufficient to provide a $2 per hour wage increase for
24non-executive front-line personnel, including, but not limited
25to, direct support persons, aides, front-line supervisors,
26qualified intellectual disabilities professionals, nurses, and

 

 

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1non-administrative support staff. The Department shall adopt
2rules, including emergency rules under the Illinois
3Administrative Procedure Act, to implement the provisions of
4this paragraph and ensure funds are allocated to compensation
5increases for direct care staff.
6    For facilities licensed by the Department of Public Health
7under the Nursing Home Care Act as Intermediate Care for the
8Developmentally Disabled facilities or Long Term Care for
9Under Age 22 facilities, the rates taking effect on July 1,
101999 shall include an increase of 1.6% plus $3.00 per
11resident-day, as defined by the Department. For facilities
12licensed by the Department of Public Health under the Nursing
13Home Care Act as Skilled Nursing facilities or Intermediate
14Care facilities, the rates taking effect on July 1, 1999 shall
15include an increase of 1.6% and, for services provided on or
16after October 1, 1999, shall be increased by $4.00 per
17resident-day, as defined by the Department.
18    For facilities licensed by the Department of Public Health
19under the Nursing Home Care Act as Intermediate Care for the
20Developmentally Disabled facilities or Long Term Care for
21Under Age 22 facilities, the rates taking effect on July 1,
222000 shall include an increase of 2.5% per resident-day, as
23defined by the Department. For facilities licensed by the
24Department of Public Health under the Nursing Home Care Act as
25Skilled Nursing facilities or Intermediate Care facilities,
26the rates taking effect on July 1, 2000 shall include an

 

 

SB2335- 12 -LRB102 17294 KTG 22775 b

1increase of 2.5% per resident-day, as defined by the
2Department.
3    For facilities licensed by the Department of Public Health
4under the Nursing Home Care Act as skilled nursing facilities
5or intermediate care facilities, a new payment methodology
6must be implemented for the nursing component of the rate
7effective July 1, 2003. The Department of Public Aid (now
8Healthcare and Family Services) shall develop the new payment
9methodology using the Minimum Data Set (MDS) as the instrument
10to collect information concerning nursing home resident
11condition necessary to compute the rate. The Department shall
12develop the new payment methodology to meet the unique needs
13of Illinois nursing home residents while remaining subject to
14the appropriations provided by the General Assembly. A
15transition period from the payment methodology in effect on
16June 30, 2003 to the payment methodology in effect on July 1,
172003 shall be provided for a period not exceeding 3 years and
18184 days after implementation of the new payment methodology
19as follows:
20        (A) For a facility that would receive a lower nursing
21    component rate per patient day under the new system than
22    the facility received effective on the date immediately
23    preceding the date that the Department implements the new
24    payment methodology, the nursing component rate per
25    patient day for the facility shall be held at the level in
26    effect on the date immediately preceding the date that the

 

 

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1    Department implements the new payment methodology until a
2    higher nursing component rate of reimbursement is achieved
3    by that facility.
4        (B) For a facility that would receive a higher nursing
5    component rate per patient day under the payment
6    methodology in effect on July 1, 2003 than the facility
7    received effective on the date immediately preceding the
8    date that the Department implements the new payment
9    methodology, the nursing component rate per patient day
10    for the facility shall be adjusted.
11        (C) Notwithstanding paragraphs (A) and (B), the
12    nursing component rate per patient day for the facility
13    shall be adjusted subject to appropriations provided by
14    the General Assembly.
15    For facilities licensed by the Department of Public Health
16under the Nursing Home Care Act as Intermediate Care for the
17Developmentally Disabled facilities or Long Term Care for
18Under Age 22 facilities, the rates taking effect on March 1,
192001 shall include a statewide increase of 7.85%, as defined
20by the Department.
21    Notwithstanding any other provision of this Section, for
22facilities licensed by the Department of Public Health under
23the Nursing Home Care Act as skilled nursing facilities or
24intermediate care facilities, except facilities participating
25in the Department's demonstration program pursuant to the
26provisions of Title 77, Part 300, Subpart T of the Illinois

 

 

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1Administrative Code, the numerator of the ratio used by the
2Department of Healthcare and Family Services to compute the
3rate payable under this Section using the Minimum Data Set
4(MDS) methodology shall incorporate the following annual
5amounts as the additional funds appropriated to the Department
6specifically to pay for rates based on the MDS nursing
7component methodology in excess of the funding in effect on
8December 31, 2006:
9        (i) For rates taking effect January 1, 2007,
10    $60,000,000.
11        (ii) For rates taking effect January 1, 2008,
12    $110,000,000.
13        (iii) For rates taking effect January 1, 2009,
14    $194,000,000.
15        (iv) For rates taking effect April 1, 2011, or the
16    first day of the month that begins at least 45 days after
17    the effective date of this amendatory Act of the 96th
18    General Assembly, $416,500,000 or an amount as may be
19    necessary to complete the transition to the MDS
20    methodology for the nursing component of the rate.
21    Increased payments under this item (iv) are not due and
22    payable, however, until (i) the methodologies described in
23    this paragraph are approved by the federal government in
24    an appropriate State Plan amendment and (ii) the
25    assessment imposed by Section 5B-2 of this Code is
26    determined to be a permissible tax under Title XIX of the

 

 

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1    Social Security Act.
2    Notwithstanding any other provision of this Section, for
3facilities licensed by the Department of Public Health under
4the Nursing Home Care Act as skilled nursing facilities or
5intermediate care facilities, the support component of the
6rates taking effect on January 1, 2008 shall be computed using
7the most recent cost reports on file with the Department of
8Healthcare and Family Services no later than April 1, 2005,
9updated for inflation to January 1, 2006.
10    For facilities licensed by the Department of Public Health
11under the Nursing Home Care Act as Intermediate Care for the
12Developmentally Disabled facilities or Long Term Care for
13Under Age 22 facilities, the rates taking effect on April 1,
142002 shall include a statewide increase of 2.0%, as defined by
15the Department. This increase terminates on July 1, 2002;
16beginning July 1, 2002 these rates are reduced to the level of
17the rates in effect on March 31, 2002, as defined by the
18Department.
19    For facilities licensed by the Department of Public Health
20under the Nursing Home Care Act as skilled nursing facilities
21or intermediate care facilities, the rates taking effect on
22July 1, 2001 shall be computed using the most recent cost
23reports on file with the Department of Public Aid no later than
24April 1, 2000, updated for inflation to January 1, 2001. For
25rates effective July 1, 2001 only, rates shall be the greater
26of the rate computed for July 1, 2001 or the rate effective on

 

 

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1June 30, 2001.
2    Notwithstanding any other provision of this Section, for
3facilities licensed by the Department of Public Health under
4the Nursing Home Care Act as skilled nursing facilities or
5intermediate care facilities, the Illinois Department shall
6determine by rule the rates taking effect on July 1, 2002,
7which shall be 5.9% less than the rates in effect on June 30,
82002.
9    Notwithstanding any other provision of this Section, for
10facilities licensed by the Department of Public Health under
11the Nursing Home Care Act as skilled nursing facilities or
12intermediate care facilities, if the payment methodologies
13required under Section 5A-12 and the waiver granted under 42
14CFR 433.68 are approved by the United States Centers for
15Medicare and Medicaid Services, the rates taking effect on
16July 1, 2004 shall be 3.0% greater than the rates in effect on
17June 30, 2004. These rates shall take effect only upon
18approval and implementation of the payment methodologies
19required under Section 5A-12.
20    Notwithstanding any other provisions of this Section, for
21facilities licensed by the Department of Public Health under
22the Nursing Home Care Act as skilled nursing facilities or
23intermediate care facilities, the rates taking effect on
24January 1, 2005 shall be 3% more than the rates in effect on
25December 31, 2004.
26    Notwithstanding any other provision of this Section, for

 

 

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1facilities licensed by the Department of Public Health under
2the Nursing Home Care Act as skilled nursing facilities or
3intermediate care facilities, effective January 1, 2009, the
4per diem support component of the rates effective on January
51, 2008, computed using the most recent cost reports on file
6with the Department of Healthcare and Family Services no later
7than April 1, 2005, updated for inflation to January 1, 2006,
8shall be increased to the amount that would have been derived
9using standard Department of Healthcare and Family Services
10methods, procedures, and inflators.
11    Notwithstanding any other provisions of this Section, for
12facilities licensed by the Department of Public Health under
13the Nursing Home Care Act as intermediate care facilities that
14are federally defined as Institutions for Mental Disease, or
15facilities licensed by the Department of Public Health under
16the Specialized Mental Health Rehabilitation Act of 2013, a
17socio-development component rate equal to 6.6% of the
18facility's nursing component rate as of January 1, 2006 shall
19be established and paid effective July 1, 2006. The
20socio-development component of the rate shall be increased by
21a factor of 2.53 on the first day of the month that begins at
22least 45 days after January 11, 2008 (the effective date of
23Public Act 95-707). As of August 1, 2008, the
24socio-development component rate shall be equal to 6.6% of the
25facility's nursing component rate as of January 1, 2006,
26multiplied by a factor of 3.53. For services provided on or

 

 

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1after April 1, 2011, or the first day of the month that begins
2at least 45 days after the effective date of this amendatory
3Act of the 96th General Assembly, whichever is later, the
4Illinois Department may by rule adjust these socio-development
5component rates, and may use different adjustment
6methodologies for those facilities participating, and those
7not participating, in the Illinois Department's demonstration
8program pursuant to the provisions of Title 77, Part 300,
9Subpart T of the Illinois Administrative Code, but in no case
10may such rates be diminished below those in effect on August 1,
112008.
12    For facilities licensed by the Department of Public Health
13under the Nursing Home Care Act as Intermediate Care for the
14Developmentally Disabled facilities or as long-term care
15facilities for residents under 22 years of age, the rates
16taking effect on July 1, 2003 shall include a statewide
17increase of 4%, as defined by the Department.
18    For facilities licensed by the Department of Public Health
19under the Nursing Home Care Act as Intermediate Care for the
20Developmentally Disabled facilities or Long Term Care for
21Under Age 22 facilities, the rates taking effect on the first
22day of the month that begins at least 45 days after the
23effective date of this amendatory Act of the 95th General
24Assembly shall include a statewide increase of 2.5%, as
25defined by the Department.
26    Notwithstanding any other provision of this Section, for

 

 

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1facilities licensed by the Department of Public Health under
2the Nursing Home Care Act as skilled nursing facilities or
3intermediate care facilities, effective January 1, 2005,
4facility rates shall be increased by the difference between
5(i) a facility's per diem property, liability, and malpractice
6insurance costs as reported in the cost report filed with the
7Department of Public Aid and used to establish rates effective
8July 1, 2001 and (ii) those same costs as reported in the
9facility's 2002 cost report. These costs shall be passed
10through to the facility without caps or limitations, except
11for adjustments required under normal auditing procedures.
12    Rates established effective each July 1 shall govern
13payment for services rendered throughout that fiscal year,
14except that rates established on July 1, 1996 shall be
15increased by 6.8% for services provided on or after January 1,
161997. Such rates will be based upon the rates calculated for
17the year beginning July 1, 1990, and for subsequent years
18thereafter until June 30, 2001 shall be based on the facility
19cost reports for the facility fiscal year ending at any point
20in time during the previous calendar year, updated to the
21midpoint of the rate year. The cost report shall be on file
22with the Department no later than April 1 of the current rate
23year. Should the cost report not be on file by April 1, the
24Department shall base the rate on the latest cost report filed
25by each skilled care facility and intermediate care facility,
26updated to the midpoint of the current rate year. In

 

 

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1determining rates for services rendered on and after July 1,
21985, fixed time shall not be computed at less than zero. The
3Department shall not make any alterations of regulations which
4would reduce any component of the Medicaid rate to a level
5below what that component would have been utilizing in the
6rate effective on July 1, 1984.
7    (2) Shall take into account the actual costs incurred by
8facilities in providing services for recipients of skilled
9nursing and intermediate care services under the medical
10assistance program.
11    (3) Shall take into account the medical and psycho-social
12characteristics and needs of the patients.
13    (4) Shall take into account the actual costs incurred by
14facilities in meeting licensing and certification standards
15imposed and prescribed by the State of Illinois, any of its
16political subdivisions or municipalities and by the U.S.
17Department of Health and Human Services pursuant to Title XIX
18of the Social Security Act.
19    The Department of Healthcare and Family Services shall
20develop precise standards for payments to reimburse nursing
21facilities for any utilization of appropriate rehabilitative
22personnel for the provision of rehabilitative services which
23is authorized by federal regulations, including reimbursement
24for services provided by qualified therapists or qualified
25assistants, and which is in accordance with accepted
26professional practices. Reimbursement also may be made for

 

 

SB2335- 21 -LRB102 17294 KTG 22775 b

1utilization of other supportive personnel under appropriate
2supervision.
3    The Department shall develop enhanced payments to offset
4the additional costs incurred by a facility serving
5exceptional need residents and shall allocate at least
6$4,000,000 of the funds collected from the assessment
7established by Section 5B-2 of this Code for such payments.
8For the purpose of this Section, "exceptional needs" means,
9but need not be limited to, ventilator care and traumatic
10brain injury care. The enhanced payments for exceptional need
11residents under this paragraph are not due and payable,
12however, until (i) the methodologies described in this
13paragraph are approved by the federal government in an
14appropriate State Plan amendment and (ii) the assessment
15imposed by Section 5B-2 of this Code is determined to be a
16permissible tax under Title XIX of the Social Security Act.
17    Beginning January 1, 2014 the methodologies for
18reimbursement of nursing facility services as provided under
19this Section 5-5.4 shall no longer be applicable for services
20provided on or after January 1, 2014.
21    No payment increase under this Section for the MDS
22methodology, exceptional care residents, or the
23socio-development component rate established by Public Act
2496-1530 of the 96th General Assembly and funded by the
25assessment imposed under Section 5B-2 of this Code shall be
26due and payable until after the Department notifies the

 

 

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1long-term care providers, in writing, that the payment
2methodologies to long-term care providers required under this
3Section have been approved by the Centers for Medicare and
4Medicaid Services of the U.S. Department of Health and Human
5Services and the waivers under 42 CFR 433.68 for the
6assessment imposed by this Section, if necessary, have been
7granted by the Centers for Medicare and Medicaid Services of
8the U.S. Department of Health and Human Services. Upon
9notification to the Department of approval of the payment
10methodologies required under this Section and the waivers
11granted under 42 CFR 433.68, all increased payments otherwise
12due under this Section prior to the date of notification shall
13be due and payable within 90 days of the date federal approval
14is received.
15    On and after July 1, 2012, the Department shall reduce any
16rate of reimbursement for services or other payments or alter
17any methodologies authorized by this Code to reduce any rate
18of reimbursement for services or other payments in accordance
19with Section 5-5e.
20    For facilities licensed by the Department of Public Health
21under the ID/DD Community Care Act as ID/DD Facilities and
22under the MC/DD Act as MC/DD Facilities, subject to federal
23approval, the rates taking effect for services delivered on or
24after August 1, 2019 shall be increased by 3.5% over the rates
25in effect on June 30, 2019. The Department shall adopt rules,
26including emergency rules under subsection (ii) of Section

 

 

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15-45 of the Illinois Administrative Procedure Act, to
2implement the provisions of this Section, including wage
3increases for direct care staff.
4    For facilities licensed by the Department of Public Health
5under the ID/DD Community Care Act as ID/DD Facilities and
6under the MC/DD Act as MC/DD Facilities, subject to federal
7approval, the rates taking effect on the latter of the
8approval date of the State Plan Amendment for these facilities
9or the Waiver Amendment for the home and community-based
10services settings shall include an increase sufficient to
11provide a $0.26 per hour wage increase to the base wage for
12non-executive staff. The Department shall adopt rules,
13including emergency rules as authorized by Section 5-45 of the
14Illinois Administrative Procedure Act, to implement the
15provisions of this Section, including wage increases for
16direct care staff.
17    For facilities licensed by the Department of Public Health
18under the ID/DD Community Care Act as ID/DD Facilities and
19under the MC/DD Act as MC/DD Facilities, subject to federal
20approval of the State Plan Amendment and the Waiver Amendment
21for the home and community-based services settings, the rates
22taking effect for the services delivered on or after July 1,
232020 shall include an increase sufficient to provide a $1.00
24per hour wage increase for non-executive staff. For services
25delivered on or after January 1, 2021, subject to federal
26approval of the State Plan Amendment and the Waiver Amendment

 

 

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1for the home and community-based services settings, shall
2include an increase sufficient to provide a $0.50 per hour
3increase for non-executive staff. 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 Section, including wage increases for
7direct care staff.
8    For facilities licensed by the Department of Public Health
9under the ID/DD Community Care Act as ID/DD facilities and
10under the MC/DD Act as MC/DD facilities, subject to federal
11approval, the rates taking effect for services delivered on or
12after January 1, 2021, shall be increased sufficiently to
13provide at a minimum $2 per hour wage increase over the wages
14in effect on January 1, 2021. The Department shall adopt
15rules, including emergency rules under the Illinois
16Administrative Procedure Act, to implement the provisions of
17this Section, and ensure funds are allocated to compensation
18increases for direct care staff.
19(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
20101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
 
21    (305 ILCS 5/5-5.4i)
22    Sec. 5-5.4i. Rates and reimbursements.
23    (a) Within 30 days after July 6, 2017 (the effective date
24of Public Act 100-23), the Department shall increase rates and
25reimbursements to fund a minimum of a $0.75 per hour wage

 

 

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1increase for front-line personnel, including, but not limited
2to, direct support persons, aides, front-line supervisors,
3qualified intellectual disabilities professionals, nurses, and
4non-administrative support staff working in community-based
5provider organizations serving individuals with developmental
6disabilities. The Department shall adopt rules, including
7emergency rules under subsection (y) of Section 5-45 of the
8Illinois Administrative Procedure Act, to implement the
9provisions of this Section.
10    (b) Within 30 days after June 4, 2018 (the effective date
11of Public Act 100-587), the Department shall increase rates
12and reimbursements to fund a minimum of a $0.50 per hour wage
13increase for front-line personnel, including, but not limited
14to, direct support persons, aides, front-line supervisors,
15qualified intellectual disabilities professionals, nurses, and
16non-administrative support staff working in community-based
17provider organizations serving individuals with developmental
18disabilities. The Department shall adopt rules, including
19emergency rules under subsection (bb) of Section 5-45 of the
20Illinois Administrative Procedure Act, to implement the
21provisions of this Section.
22    (c) Within 30 days after the effective date of this
23amendatory Act of the 101st General Assembly, subject to
24federal approval, the Department shall increase rates and
25reimbursements in effect on June 30, 2019 for community-based
26providers for persons with Developmental Disabilities by 3.5%.

 

 

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1The Department shall adopt rules, including emergency rules
2under subsection (ii) of Section 5-45 of the Illinois
3Administrative Procedure Act, to implement the provisions of
4this Section, including wage increases for direct care staff.
5    (d) Within 30 days after the effective date of this
6amendatory Act of the 102nd General Assembly, subject to
7federal approval, the Department shall increase rates and
8reimbursements in effect on January 1, 2021 for
9community-based providers for persons with developmental
10disabilities in order to fund a minimum $2 per hour wage
11increase. The Department shall adopt rules, including
12emergency rules under the Illinois Administrative Procedure
13Act, to implement the provisions of this Section, and ensure
14funds are allocated to compensation increases for direct care
15staff.
16(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
17101-10, eff. 6-5-19.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.

 

 

SB2335- 27 -LRB102 17294 KTG 22775 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 100/5-45.8 new
4    20 ILCS 1705/55.5 new
5    20 ILCS 1705/74
6    305 ILCS 5/5-5.4from Ch. 23, par. 5-5.4
7    305 ILCS 5/5-5.4i