SB1148 101ST GENERAL ASSEMBLY

LRB101 07086 RLC 52123 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning care for persons with developmental disabilities, which may be referred to as the Community Disability Living Wage Act.

WHEREAS, An estimated 27,000 children and adults with intellectual and developmental disabilities are supported in community-based settings in Illinois; direct support persons (DSPs), are trained paraprofessional staff that are engaged in activities of daily living and community support; too many of these employees earn wages that place them and their families below the poverty level; and

WHEREAS, According to the most recent Illinois industry surveys, the average DSP wage in Illinois is below the U.S. Department of Health and Human Services poverty threshold of $12.07 for a family of 4 and one out of every 4 DSP jobs in provider agencies are going unfilled; low wages often compel DSPs to work many overtime hours or hold down a second job to support their families; research by the American Network of Community Options and Resources (ANCOR), inclusive of Illinois, reveals 56% of DSPs rely on public assistance to make ends meet, creating additional expenditures for State government; low wages are a consequence of the historically low reimbursement rates paid by the State of Illinois to community-based service providers; a 50 cent wage increase last year was only the second increase in State funding in 10 years; the Consumer Price Index increased 18% over the same period; and

WHEREAS, The lack of adequate wages for employees who perform the challenging work of supporting persons with intellectual and developmental disabilities results in high employee turnover, which in turn negatively impacts the quality of services provided, higher wages are proven to reduce staff turnover, improving stability and quality of services while reducing employer training costs; and

WHEREAS, Rising wages in several other sectors now mean, despite the modest wage increase and strenuous efforts to recruit new workers, agencies are experiencing staff vacancy rates of up to 40%; excessive vacancies force employers to rely more on overtime, leading to staff burnout and driving up costs; for the second year in a row the federal court monitor documented how this growing hiring crisis impedes the ability of community disability agencies to expand to accommodate persons newly approved for services as part of the Ligas Consent Decree; and

WHEREAS, The General Assembly finds that in order to reduce turnover, increase retention, fill vacancies, and ensure DSPs are adequately compensated for the critically important work they do, an increase in rates and reimbursements to community-based service providers to effectuate an increase in the hourly wage paid to DSPs is needed; and

WHEREAS, It is the purpose of this Act to increase the wages of DSPs in community disability agencies beyond the poverty level and to a level competitive with rival employers, in an effort to improve the lives of DSPs and the lives of the vulnerable persons they support; therefore

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 adding Section 55.5 as follows:

(20 ILCS 1705/55.5 new)

Sec. 55.5. Increased wages for front-line personnel. In this Section, "front-line personnel" means direct support persons, aides, front-line supervisors, qualified intellectual disabilities professionals, nurses, and non-administrative support staff working in service settings as provided in this Section. The Department 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 Section 54 of this 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. 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. 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.

Section 10. The Illinois Public Aid Code is amended by adding Section 5-5.4k as follows:

(305 ILCS 5/5-5.4k new)

Sec. 5-5.4k. Increased wages for front-line personnel. In this Section, "front-line personnel" means direct support persons, aides, front-line supervisors, qualified intellectual disabilities professionals, nurses, and non-administrative support staff working in service settings as provided in this Section. On or before July 1, 2019, under Section 55.5 of the Mental Health and Developmental Disabilities Administrative Act, the payment rate for all facilities licensed by the Department of Public Health under the ID/DD Community Care Act as intermediate care for the developmentally disabled facilities and under the MC/DD Act as medically complex for the developmentally disabled facilities shall be increased to fund rates and reimbursements. On or before July 1, 2019 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 wages and other front-line personnel shall earn a commensurate wage. 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 other front-line personnel shall earn a commensurate wage.

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