HB5536 101ST GENERAL ASSEMBLY

LRB101 19317 RLC 68786 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5536

Introduced , by Rep. Sonya M. Harper

SYNOPSIS AS INTRODUCED:

20 ILCS 1705/74

Amends the Mental Health and Developmental Disabilities Administrative Act. Requires the Department of Human Services to increase rates and reimbursements to fund a minimum of a $0.58 per hour wage increase, for front-line personnel for services provided in the City of Chicago, and $0.62 per hour, for front-line personnel for services provided in the rest of the State, above the wage rates published by the Department effective July 2019. Provides that the Department shall publish an annual mandatory wage chart with wage requirements for direct service personnel containing either a single statewide wage for all direct support personnel or one wage each for direct support personnel in Chicago and the rest of the State. Provides that future wage requirements shall be no less than the percent increased by the consumer price index-u. Includes compliance provisions for service providers. Defines terms.

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Mental Health and Developmental Disabilities Administrative Act is amended by changing Section 74 as follows:

(20 ILCS 1705/74)

Sec. 74. 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) Rates and reimbursements. Within 30 days after the effective date of this amendatory Act of the 100th General Assembly, 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) Rates and reimbursements. 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 (jj) 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) Rates and reimbursements. Within 30 days after the effective date of this amendatory Act of the 101st General Assembly, the Department shall increase rates and reimbursements to fund a minimum of a $0.58 per hour wage increase, for front-line personnel for services provided in the City of Chicago, and $0.62 per hour, for front-line personnel for services provided in the rest of the State, above the wage rates published by the Department effective July 2019. As used in this subsection, "front-line personnel" includes, but is 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.

(e) To eliminate wage discrepancies and further stabilize the workforce, the Department shall publish an annual mandatory wage chart with wage requirements for direct service personnel. The wage chart shall contain, at a minimum, either a single statewide wage for all direct support personnel or one wage each for direct support personnel in Chicago and the rest of the State. Subsequent wage requirements published by the Department shall not be lower than those defined in subsection (d) and shall continue to increase by at least the percent increased by the consumer price index-u. As used in this paragraph, "consumer price index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84 = 100.

Service providers shall verify their compliance with wage requirements by submitting an expenditure report to the Department. The Department may designate another party to audit a service provider should the report be absent, incomplete, or give reasonable suspicion of fraud. The Department may provide a compliance action plan outlining wage fund reallocation should the audit grant evidence the provider has paid workers less than the mandated wage or similar noncompliance. Failure to abide by the action plan may result in Department sanctions, such as suspension of intake or termination of contract.

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