HB1904 97TH GENERAL ASSEMBLY

LRB097 08204 KTG 48329 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1904

Introduced , by Rep. David R. Leitch

SYNOPSIS AS INTRODUCED:

20 ILCS 1705/54.6 new

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department of Human Services may reimburse an individual community service provider serving individuals, including children, suffering from mental illness, co-occurring mental and substance use disorders, and other behavioral disorders for spending incurred to provide improved wages and benefits to its employees. Provides that reimbursement shall be based upon the provider's most recent cost report and shall be made according to certain criteria. Further provides that the reimbursement is subject to audit by the Department and shall be reduced or eliminated in the case of any provider that does not honor its commitment to increase spending to improve the wages and benefits of its employees or that decreases such spending. Effective immediately.

FISCAL NOTE ACT MAY APPLY

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 adding Section 54.6 as follows:

(20 ILCS 1705/54.6 new)

Sec. 54.6. Community behavioral health care quality workforce initiative.

(a) Legislative intent. Individuals, including children, suffering from mental illness, co-occurring mental and substance use disorders, and other behavioral disorders who receive care and treatment in community-based settings rely on direct support staff for a variety of supports and services essential to the ability to reach their full potential. A stable, well-trained direct support workforce is critical to the well-being of these individuals. The General Assembly recognizes that in order to address underserved areas and populations and to address Illinois' professional shortage areas, Illinois must attract and retain a qualified community behavioral health care workforce. This community behavioral health care quality workforce must include a workforce that is culturally and linguistically competent. Fair compensation is an important component of Illinois' human resources strategy to help reduce turnover and develop a well trained, more stable, and committed workforce. This Section would increase the wages and benefits for direct care workers supporting individuals, including children, suffering from mental illness, co-occurring mental and substance use disorders, and other behavioral disorders and provide accountability by ensuring that these additional resources go directly to direct care workers.

(b) Reimbursement. In order to attract and retain a stable, qualified, and healthy workforce, beginning July 1, 2011, the Department may reimburse an individual community service provider serving individuals, including children, suffering from mental illness, co-occurring mental and substance use disorders, and other behavioral disorders for spending incurred to provide improved wages and benefits to its employees. Reimbursement shall be based upon the provider's most recent cost report. Subject to available appropriations, this reimbursement shall be made according to the following criteria:

(1) The Department shall reimburse the provider to compensate for spending on improved wages and benefits for its eligible employees. Eligible employees include employees engaged in direct care work.

(2) In order to qualify for reimbursement under this Section, a provider must submit to the Department, before January 1 of each year, documentation of a written, legally binding commitment to increase spending for the purpose of providing improved wages and benefits to its eligible employees during the next year. The commitment must apply to both existing and future staff. The commitment must include a method of enforcing the commitment that is available to the employees or their representative, is expeditious, and is economical to administer for the provider. The Department must also receive documentation of the provider's provision of written notice of the commitment and the availability of the enforcement mechanism to the employees or their representative.

(3) Reimbursement shall be based on the amount of increased spending to be incurred by the provider for improving wages and benefits that exceed the spending reported in the cost report currently used by the Department. Reimbursement shall be calculated as follows: the per diem equivalent of the quarterly difference between the cost to provide improved wages and benefits for covered eligible employees as identified in the legally binding commitment and the previous period cost of wages and benefits as reported in the cost report currently used by the Department, subject to the limitations identified in paragraph (2) of this subsection.

(4) Any community service provider is eligible to receive reimbursement under this Section. A provider's eligibility to receive reimbursement shall continue as long as the provider maintains eligibility under paragraph (2) of this subsection and the reimbursement program continues to exist.

(c) Audit. Reimbursement under this Section is subject to audit by the Department and shall be reduced or eliminated in the case of any provider that does not honor its commitment to increase spending to improve the wages and benefits of its employees or that decreases such spending.

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