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.


LRB101 19317 RLC 68786 b

 

 

A BILL FOR

 

HB5536LRB101 19317 RLC 68786 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mental Health and Developmental
5Disabilities Administrative Act is amended by changing Section
674 as follows:
 
7    (20 ILCS 1705/74)
8    Sec. 74. Rates and reimbursements.
9    (a) Within 30 days after July 6, 2017 (the effective date
10of Public Act 100-23), the Department shall increase rates and
11reimbursements to fund a minimum of a $0.75 per hour wage
12increase for front-line personnel, including, but not limited
13to, direct support persons, aides, front-line supervisors,
14qualified intellectual disabilities professionals, nurses, and
15non-administrative support staff working in community-based
16provider organizations serving individuals with developmental
17disabilities. The Department shall adopt rules, including
18emergency rules under subsection (y) of Section 5-45 of the
19Illinois Administrative Procedure Act, to implement the
20provisions of this Section.
21    (b) Rates and reimbursements. Within 30 days after the
22effective date of this amendatory Act of the 100th General
23Assembly, the Department shall increase rates and

 

 

HB5536- 2 -LRB101 19317 RLC 68786 b

1reimbursements to fund a minimum of a $0.50 per hour wage
2increase for front-line personnel, including, but not limited
3to, direct support persons, aides, front-line supervisors,
4qualified intellectual disabilities professionals, nurses, and
5non-administrative support staff working in community-based
6provider organizations serving individuals with developmental
7disabilities. The Department shall adopt rules, including
8emergency rules under subsection (bb) of Section 5-45 of the
9Illinois Administrative Procedure Act, to implement the
10provisions of this Section.
11    (c) Rates and reimbursements. Within 30 days after the
12effective date of this amendatory Act of the 101st General
13Assembly, subject to federal approval, the Department shall
14increase rates and reimbursements in effect on June 30, 2019
15for community-based providers for persons with Developmental
16Disabilities by 3.5% The Department shall adopt rules,
17including emergency rules under subsection (jj) of Section 5-45
18of the Illinois Administrative Procedure Act, to implement the
19provisions of this Section, including wage increases for direct
20care staff.
21    (d) Rates and reimbursements. Within 30 days after the
22effective date of this amendatory Act of the 101st General
23Assembly, the Department shall increase rates and
24reimbursements to fund a minimum of a $0.58 per hour wage
25increase, for front-line personnel for services provided in the
26City of Chicago, and $0.62 per hour, for front-line personnel

 

 

HB5536- 3 -LRB101 19317 RLC 68786 b

1for services provided in the rest of the State, above the wage
2rates published by the Department effective July 2019. As used
3in this subsection, "front-line personnel" includes, but is not
4limited to, direct support persons, aides, front-line
5supervisors, qualified intellectual disabilities
6professionals, nurses, and non-administrative support staff
7working in community-based provider organizations serving
8individuals with developmental disabilities.
9    (e) To eliminate wage discrepancies and further stabilize
10the workforce, the Department shall publish an annual mandatory
11wage chart with wage requirements for direct service personnel.
12The wage chart shall contain, at a minimum, either a single
13statewide wage for all direct support personnel or one wage
14each for direct support personnel in Chicago and the rest of
15the State. Subsequent wage requirements published by the
16Department shall not be lower than those defined in subsection
17(d) and shall continue to increase by at least the percent
18increased by the consumer price index-u. As used in this
19paragraph, "consumer price index-u" means the index published
20by the Bureau of Labor Statistics of the United States
21Department of Labor that measures the average change in prices
22of goods and services purchased by all urban consumers, United
23States city average, all items, 1982-84 = 100.
24    Service providers shall verify their compliance with wage
25requirements by submitting an expenditure report to the
26Department. The Department may designate another party to audit

 

 

HB5536- 4 -LRB101 19317 RLC 68786 b

1a service provider should the report be absent, incomplete, or
2give reasonable suspicion of fraud. The Department may provide
3a compliance action plan outlining wage fund reallocation
4should the audit grant evidence the provider has paid workers
5less than the mandated wage or similar noncompliance. Failure
6to abide by the action plan may result in Department sanctions,
7such as suspension of intake or termination of contract.
8(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
9101-10, eff. 6-5-19.)