SB3499 101ST GENERAL ASSEMBLY

LRB101 19824 KTG 69342 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3499

Introduced 2/14/2020, by Sen. Heather A. Steans

SYNOPSIS AS INTRODUCED:

5 ILCS 100/5-45.1 new
305 ILCS 5/5-5.4k new

Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that for facilities licensed by the Department of Public Health as ID/DD facilities or MC/DD facilities, the rates and reimbursements taking effect within 30 days after the effective date of the amendatory Act shall be sufficient to fund a per hour wage increase for non-executive front line personnel to ensure that the wages and benefits paid to non-executive front-line personnel at ID/DD and MC/DD facilities are equal to the wages and benefits paid to non-executive front-line personnel at community-based provider organizations serving individuals with developmental disabilities. Provides that the term "non-executive 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. Requires the Department of Healthcare and Family Services to adopt rules. Amends the Illinois Administrative Procedure Act. Permits the Department of Healthcare and Family Services to adopt emergency rules to implement the provisions of the amendatory Act. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public aid.

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

Section 1. 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; Department of Healthcare and Family Services. To provide for the expeditious and timely implementation of Section 5-5.4k of the Illinois Public Aid Code, emergency rules may be adopted in accordance with Section 5-45 by the Department of Healthcare and Family Services. 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This Section is repealed on January 1, 2026.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 5. 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. Rates and reimbursements; ID/DD and MC/DD facilities. Notwithstanding any other provision of this Code, 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 and reimbursements taking effect within 30 days after the effective date of this amendatory Act of the 101st General Assembly shall be sufficient to fund a per hour wage increase for non-executive front line personnel to ensure that the wages and benefits paid to non-executive front-line personnel at ID/DD and MC/DD facilities are equal to the wages and benefits paid to non-executive front-line personnel at community-based provider organizations serving individuals with developmental disabilities. As used in this Section, "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. The Department shall adopt rules, including emergency rules under the Illinois Administrative Procedure Act, to implement the provisions of this Section.

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