102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4606

 

Introduced 1/21/2022, by Rep. Anna Moeller

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 1705/4.4
20 ILCS 1705/74

    Amends the Mental Health and Developmental Disabilities Administrative Act. Changes references from "direct support person" to "direct support professional". Provides that the direct support professional credential pilot program shall be administered by the Division of Developmental Disabilities of the Department of Human Services or a Division partner. Provides that the Program shall begin in Fiscal Year 2024.


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A BILL FOR

 

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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
6Sections 4.4 and 74 as follows:
 
7    (20 ILCS 1705/4.4)
8    Sec. 4.4. Direct support professional person credential
9pilot program.
10    (a) In this Section, "direct support person credential"
11means a document issued to an individual by a recognized
12accrediting body attesting that the individual has met the
13professional requirements of the credentialing program by the
14Division of Developmental Disabilities of the Department of
15Human Services.
16    (b) The Division or a Division partner shall initiate a
17program to continue to gain the expertise and knowledge of the
18developmental disabilities workforce and of the developmental
19disabilities workforce recruitment and retention needs
20throughout the developmental disabilities field. The Division
21shall implement a direct support professional person
22credential pilot program to assist and attract persons into
23the field of direct support, advance direct support as a

 

 

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1career, and professionalize the field to promote workforce
2recruitment and retention efforts, advanced skills and
3competencies, and further ensure the health, safety, and
4well-being of persons being served.
5    (c) The direct support professional person credential
6pilot program is created within the Division to assist persons
7in the field of developmental disabilities in obtaining a
8credential in their fields of expertise.
9    (d) The pilot program shall be administered by the
10Division for 3 years , beginning in Fiscal Year 2024. The pilot
11program shall include providers licensed and certified by the
12Division or by the Department of Public Health. The purpose of
13the pilot program is to assess how the establishment of a
14State-administered State-accredited direct support
15professional person credential:
16        (1) promotes recruitment and retention efforts in the
17    developmental disabilities field, notably the direct
18    support professional person position;
19        (2) enhances competence in the developmental
20    disabilities field;
21        (3) yields quality supports and services to persons
22    with developmental disabilities; and
23        (4) advances the health and safety requirements set
24    forth by the State.
25    (e) The Division or a Division partner, in administering
26the pilot program, shall consider, but not be limited to, the

 

 

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1following:
2        (1) best practices learning initiatives, including the
3    University of Minnesota's college of direct support and
4    all Illinois Department of Human Services-approved direct
5    support professional person competencies;
6        (2) national direct support professional and person
7    competencies or credentialing-based standards and
8    trainings;
9        (3) facilitating direct support professional's
10    person's portfolio development;
11        (4) the role and value of skill mentors; and
12        (5) creating a career ladder.
13    (f) The Division shall produce a report detailing the
14progress of the pilot program, including, but not limited to:
15        (1) the rate of recruitment and retention for direct
16    support professionals persons of providers participating
17    in the pilot program compared to the rate for
18    non-participating providers;
19        (2) the number of direct support professional persons
20    credentialed; and
21        (3) the enhancement of quality supports and services
22    to persons with developmental disabilities.
23(Source: P.A. 100-754, eff. 8-10-18; 101-81, eff. 7-12-19.)
 
24    (20 ILCS 1705/74)
25    Sec. 74. Rates and reimbursements.

 

 

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1    (a) Within 30 days after July 6, 2017 (the effective date
2of Public Act 100-23), the Department shall increase rates and
3reimbursements to fund a minimum of a $0.75 per hour wage
4increase for front-line personnel, including, but not limited
5to, direct support professionals persons, aides, front-line
6supervisors, qualified intellectual disabilities
7professionals, nurses, and non-administrative support staff
8working in community-based provider organizations serving
9individuals with developmental disabilities. The Department
10shall adopt rules, including emergency rules under subsection
11(y) of Section 5-45 of the Illinois Administrative Procedure
12Act, to implement the provisions of this Section.
13    (b) Rates and reimbursements. Within 30 days after the
14effective date of this amendatory Act of the 100th General
15Assembly, the Department shall increase rates and
16reimbursements to fund a minimum of a $0.50 per hour wage
17increase for front-line personnel, including, but not limited
18to, direct support professionals persons, aides, front-line
19supervisors, qualified intellectual disabilities
20professionals, nurses, and non-administrative support staff
21working in community-based provider organizations serving
22individuals with developmental disabilities. The Department
23shall adopt rules, including emergency rules under subsection
24(bb) of Section 5-45 of the Illinois Administrative Procedure
25Act, to implement the provisions of this Section.
26    (c) Rates and reimbursements. Within 30 days after the

 

 

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1effective date of this amendatory Act of the 101st General
2Assembly, subject to federal approval, the Department shall
3increase rates and reimbursements in effect on June 30, 2019
4for community-based providers for persons with Developmental
5Disabilities by 3.5% The Department shall adopt rules,
6including emergency rules under subsection (jj) of Section
75-45 of the Illinois Administrative Procedure Act, to
8implement the provisions of this Section, including wage
9increases for direct care staff.
10    (d) For community-based providers serving persons with
11intellectual/developmental disabilities, subject to federal
12approval of any relevant Waiver Amendment, the rates taking
13effect for services delivered on or after January 1, 2022,
14shall include an increase in the rate methodology sufficient
15to provide a $1.50 per hour wage increase for direct support
16professionals personnel in residential settings and sufficient
17to provide wages for all residential non-executive direct care
18staff, excluding direct support professionals personnel, at
19the federal Department of Labor, Bureau of Labor Statistics'
20average wage as defined in rule by the Department.
21    The establishment of and any changes to the rate
22methodologies for community-based services provided to persons
23with intellectual/developmental disabilities are subject to
24federal approval of any relevant Waiver Amendment and shall be
25defined in rule by the Department. The Department shall adopt
26rules, including emergency rules as authorized by Section 5-45

 

 

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1of the Illinois Administrative Procedure Act, to implement the
2provisions of this subsection (d).
3(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21.)