HB5074 101ST GENERAL ASSEMBLY

LRB101 20678 KTG 70342 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public aid.

WHEREAS, The They Deserve More Coalition represents 88 organizations, including community providers, statewide advocacy associations, labor organizations, and people with intellectual and developmental disabilities, their families, and their caregivers; and

WHEREAS, Over 60% of the provider organizations represented by the They Deserve More Coalition operate community-integrated living arrangements and community care programs for persons with intellectual and developmental disabilities, as well as 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; and

WHEREAS, The They Deserve More Coalition came together to advocate for a direct support persons wage increase for the first time in 11 years for State Fiscal Year 2018; and

WHEREAS, The wage increases of $.75 and $.50 for State Fiscal Years 2018 and 2019, respectively, along with a 3.5% rate increase in State Fiscal Year 2020 have shown the commitment of the Department of Human Services' Division of Developmental Disabilities to stabilize the community provider system; and

WHEREAS, The They Deserve More Coalition continues its advocacy in requesting, for State Fiscal Year 2021, a 20% appropriation increase in the overall rates for community providers of services for persons with intellectual and developmental disabilities, as well as a 20% appropriation increase in overall rates 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; and

WHEREAS, A 20% increase in overall rates for community providers and facilities that serve persons with intellectual and developmental disabilities is estimated to add $266,275,700 to the State Fiscal Year 2021 budget; and

WHEREAS, A 20% increase in overall rates is needed so that community providers and facilities can: (i) address workforce issues, including minimum wage mandates; (ii) provide access to community-based services not only for those persons who are currently served, but also for those persons who are being released from the Prioritization for Urgency of Need for Services (PUNS) waiting list; and (iii) ensure compliance with the Ligas Consent Decree; and

WHEREAS, Another goal is to stabilize the community provider system in order to map out capacity growth and reduce the PUNS waiting list moving forward, as well as to ensure that rate increases for community providers are flexible and based on regional minimum wage mandates; therefore

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Administrative Procedure Act is amended by adding Section 5-45.1 as follows:

(5 ILCS 100/5-45.1 new)

Sec. 5-45.1. Emergency rulemaking; Departments of Human Services and Healthcare and Family Services. To provide for the expeditious and timely implementation of changes made by this amendatory Act of the 101st General Assembly to Section 55.5 of the Mental Health and Developmental Disabilities Administrative Act and subsections (d) and (e) of Section 5-5.4i of the Illinois Public Aid Code, emergency rules may be adopted in accordance with Section 5-45 by the respective Department. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

This Section is repealed on January 1, 2026.

Section 10. The Mental Health and Developmental Disabilities Administrative Act is amended by adding Section 55.5 as follows:

(20 ILCS 1705/55.5 new)

Sec. 55.5. Investing in ID/DD services and supports.

(a) Subject to federal approval, within 30 days after the effective date of this amendatory Act of the 101st General Assembly, the Department shall increase by 20% rates and reimbursements in effect on June 30, 2020 for community-based providers of services for persons with developmental disabilities. The Department shall adopt rules, including emergency rules in accordance with the Illinois Administrative Procedure Act, to implement the provisions of this Section.

(b) Community-based providers shall use at least 75% of the amount of the increase described in subsection (a) to increase the wages and benefits paid to staff employed by the community-based providers.

(c) The Department shall ensure wage rate components are at least 145% of the statewide, regional, or local minimum wage rate, whichever is higher, as determined by the Department.

(d) Community-based providers shall certify compliance with subsection (b) in a form and manner prescribed by the Department.

Section 15. The Illinois Public Aid Code is amended by changing Section 5-5.4i as follows:

(305 ILCS 5/5-5.4i)

Sec. 5-5.4i. Rates and reimbursements.

(a) Within 30 days after July 6, 2017 (the effective date of Public Act 100-23), the Department shall increase rates and reimbursements to fund a minimum of a $0.75 per hour wage increase for front-line personnel, including, but not limited to, direct support persons, aides, front-line supervisors, qualified intellectual disabilities professionals, nurses, and non-administrative support staff working in community-based provider organizations serving individuals with developmental disabilities. The Department shall adopt rules, including emergency rules under subsection (y) of Section 5-45 of the Illinois Administrative Procedure Act, to implement the provisions of this Section.

(b) Within 30 days after June 4, 2018 (the effective date of Public Act 100-587), the Department shall increase rates and reimbursements to fund a minimum of a $0.50 per hour wage increase for front-line personnel, including, but not limited to, direct support persons, aides, front-line supervisors, qualified intellectual disabilities professionals, nurses, and non-administrative support staff working in community-based provider organizations serving individuals with developmental disabilities. The Department shall adopt rules, including emergency rules under subsection (bb) of Section 5-45 of the Illinois Administrative Procedure Act, to implement the provisions of this Section.

(c) Within 30 days after the effective date of this amendatory Act of the 101st General Assembly, subject to federal approval, the Department shall increase rates and reimbursements in effect on June 30, 2019 for community-based providers for persons with Developmental Disabilities by 3.5%. The Department shall adopt rules, including emergency rules under subsection (ii) of Section 5-45 of the Illinois Administrative Procedure Act, to implement the provisions of this Section, including wage increases for direct care staff.

(d) Subject to federal approval, within 30 days after the effective date of this amendatory Act of the 101st General Assembly, the Department shall increase by 20% rates and reimbursements in effect on June 30, 2020 for community-based providers of services for persons with developmental disabilities. The Department shall adopt rules, including emergency rules in accordance with the Illinois Administrative Procedure Act, to implement the provisions of this subsection.

(1) Community-based providers shall use at least 75% of the amount of the increase described in subsection (d) to increase the wages and benefits paid to staff employed by the community-based providers.

(2) The Department shall ensure wage rate components are at least 145% of the statewide, regional, or local minimum wage rate, whichever is higher, as determined by the Department.

(3) Community-based providers shall certify compliance with paragraph (1) in a form and manner prescribed by the Department of Human Services.

(e) Subject to federal approval, 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, the rates taking effect for services delivered on and after August 1, 2020 shall be increased by 20% over the rates in effect on June 30, 2020. The Department shall adopt rules, including emergency rules in accordance with the Illinois Administrative Procedure Act, to implement the provisions of this subsection.

(1) ID/DD facilities and MC/DD facilities shall use at least 75% of the amount of the increase described in subsection (e) to increase the wages and benefits paid to staff employed by the facilities.

(2) The Department shall ensure wage rate components are at least 145% of the applicable statewide, City of Chicago, or Cook County minimum wage rate, whichever is higher, as determined by the Department.

(3) ID/DD facilities and MC/DD facilities shall certify compliance with paragraph (1) in a form and manner prescribed by the Department of Human Services.

(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; 101-10, eff. 6-5-19.)

Section 99. Effective date. This Act takes effect upon becoming law.