SB2278 97TH GENERAL ASSEMBLY

LRB097 10405 KTG 50624 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2278

Introduced 2/10/2011, by Sen. M. Maggie Crotty

SYNOPSIS AS INTRODUCED:

20 ILCS 105/4.02f new
20 ILCS 505/37a new
20 ILCS 1305/1-37a new
20 ILCS 2205/2205-15a new
20 ILCS 2310/2310-12a new

Amends the Illinois Act on the Aging, the Children and Family Services Act, the Department of Human Services Act, the Department of Healthcare and Family Services Law of the Civil Administrative Code of Illinois, and the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department on Aging, the Department of Children and Family Services, the Department of Human Services, the Department of Healthcare and Family Services, and the Department of Public Health shall have the authority and are hereby directed to collaboratively adopt joint rules to establish (i) a cross-agency prequalification process for contracting with privately owned or operated human service providers; (ii) a cross-agency master service agreement of standard terms and conditions for contracting with privately owned or operated human service providers; and (iii) a cross-agency common service taxonomy for human service providers to streamline the processes outlined in the amendatory Act. Provides that the Department of Human Services shall be the lead agency in this matter. Effective immediately.

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 Illinois Act on the Aging is amended by adding Section 4.02f as follows:

(20 ILCS 105/4.02f new)

Sec. 4.02f. Cross-agency prequalification and master service agreements. As required in Section 1-37a of the Department of Humans Services Act, the Department shall have the authority and is hereby directed to collaborate with the Department of Human Services and other State human services agencies in the adoption of joint rules to establish (i) a cross-agency prequalification process for contracting with privately owned or operated human service providers; (ii) a cross-agency master service agreement of standard terms and conditions for contracting with privately owned or operated human service providers; and (iii) a cross-agency common service taxonomy for human service providers to streamline the processes referenced in this Section and outlined in Section 1-37a of the Department of Human Services Act.

Section 10. The Children and Family Services Act is amended by adding Section 37a as follows:

(20 ILCS 505/37a new)

Sec. 37a. Cross-agency prequalification and master service agreements. As required in Section 1-37a of the Department of Humans Services Act, the Department shall have the authority and is hereby directed to collaborate with the Department of Human Services and other State human services agencies in the adoption of joint rules to establish (i) a cross-agency prequalification process for contracting with privately owned or operated human service providers; (ii) a cross-agency master service agreement of standard terms and conditions for contracting with privately owned or operated human service providers; and (iii) a cross-agency common service taxonomy for human service providers to streamline the processes referenced in this Section and outlined in Section 1-37a of the Department of Human Services Act.

Section 15. The Department of Human Services Act is amended by adding Section 1-37a as follows:

(20 ILCS 1305/1-37a new)

Sec. 1-37a. Cross-agency prequalification and master service agreements.

(a) "State human services agency" means the Department on Aging, the Department of Children and Family Services, the Department of Human Services, the Department of Healthcare and Family Services, and the Department of Public Health.

(b) Intent. Per the requirements of Public Act 96-1141, on January 1, 2011 a report titled "Streamlined Auditing and Monitoring for Community Based Services: First Steps Toward a More Efficient System for Providers, State Government, and the Community" was provided to members of the General Assembly. The report, which was developed by a steering committee of community providers, trade associations, and designated representatives from the Departments of Children and Family Services, Healthcare and Family Services, Human Services, and Public Health, issued a series of recommendations, including recommended changes to Administrative Rules and Illinois statutes, on the categories of deemed status for accreditation, fiscal audits, centralized repository of information, Medicaid, technology, contracting, and streamlined monitoring procedures. It is the intent of the 97th General Assembly to pursue implementation of those recommendations that have been determined to require Acts of the General Assembly.

(c) Cross-Agency Prequalification of Human Service Providers. Each State human services agency shall have the authority and is hereby directed to collaboratively adopt joint rules to establish a cross-agency prequalification process for contracting with privately owned or operated human service providers. This process shall include a mechanism for the State human services agencies to collect information from human service providers including, but not limited to, provider organizational experience, capability to perform services, and organizational integrity in order for the agencies to screen potential human service providers as vendors to contract with the agencies.

(d) Master Service Agreements for human service providers. Each State human services agency shall have the authority and is hereby directed to collaboratively adopt joint rules to establish a cross-agency master service agreement of standard terms and conditions for contracting with privately owned or operated human service providers. The master service agreement shall be awarded to prequalified providers as determined through the cross-agency prequalification process outlined in subsection (c) of this Act. The master service agreement shall not replace or serve as the equivalent of a contract between an agency and a privately owned or operated human service provider, but only those privately owned or operated human service providers that are prequalified with a master service agreement may contract with an agency to provide services.

(e) Common Service Taxonomy for human service providers. Each State human services agency shall have the authority and is hereby directed to collaboratively adopt joint rules to establish a cross-agency common service taxonomy for human service providers to streamline the processes outlined in subsections (c) and (d) of this Act. The taxonomy shall include, but not be limited to, a common list of terms to define services, processes, and client populations.

(f) Nothwithstanding any provision in this Section to the contrary, the Department of Human Services shall serve as the lead agency on all matters provided in subsections (c), (d), and (e).

Section 20. The Department of Healthcare and Family Services Law of the Civil Administrative Code of Illinois is amended by adding Section 2205-15a as follows:

(20 ILCS 2205/2205-15a new)

Sec. 2205-15a. Cross-agency prequalification and master service agreements. As required in Section 1-37a of the Department of Humans Services Act, the Department shall have the authority and is hereby directed to collaborate with the Department of Human Services and other State human services agencies in the adoption of joint rules to establish (i) a cross-agency prequalification process for contracting with privately owned or operated human service providers; (ii) a cross-agency master service agreement of standard terms and conditions for contracting with privately owned or operated human service providers; and (iii) a cross-agency common service taxonomy for human service providers to streamline the processes referenced in this Section and outlined in Section 1-37a of the Department of Human Services Act.

Section 25. The Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois is amended by adding Section 2310-12a as follows:

(20 ILCS 2310/2310-12a new)

Sec. 2310-12a. Cross-agency prequalification and master service agreements. As required in Section 1-37a of the Department of Humans Services Act, the Department shall have the authority and is hereby directed to collaborate with the Department of Human Services and other State human services agencies in the adoption of joint rules to establish (i) a cross-agency prequalification process for contracting with privately owned or operated human service providers; (ii) a cross-agency master service agreement of standard terms and conditions for contracting with privately owned or operated human service providers; and (iii) a cross-agency common service taxonomy for human service providers to streamline the processes referenced in this Section and outlined in Section 1-37a of the Department of Human Services Act.

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