Illinois General Assembly - Full Text of HB3255
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Full Text of HB3255  99th General Assembly

HB3255 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3255

 

Introduced , by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 1705/55.5 new
305 ILCS 5/5-5.4i new

    Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department of Human Services shall increase rates and reimbursements so that on or before July 1, 2017 direct service personnel in residential and day programs serving individuals with developmental disabilities earn a starting wage of not less than $13 per hour. On or before July l, 2015 rates shall increase to fund a $1 per hour increase. Provides that on or before January 1, 2016 rates shall increase to fund an additional $1 per hour increase. On or before July 1, 2016 rates shall increase to fund an additional $1 per hour increase. Provides that on or before January 1, 2017 rates shall increase to fund an additional $0.65 per hour increase. Defines "direct service personnel". Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that the amount of the payment rate for all nursing facilities certified by the Department of Public Health under the ID/DD Community Care Act as intermediate care facilities for the developmentally disabled or long term care for under age 22 facilities shall increase to fund: (1) a $1 per hour increase on or before July 1, 2015; (2) an additional $1 per hour increase on or before January 1, 2016; (3) an additional $1 per hour increase on or before July l, 2016; and (4) an increase to fund an additional $0.65 per hour increase on or before January l, 2017. Effective immediately.


LRB099 08768 RLC 28936 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3255LRB099 08768 RLC 28936 b

1    AN ACT concerning care for the developmentally disabled,
2which may be referred to as the Community Disability Living
3Wage Act.
 
4    WHEREAS, An estimated 23,000 children and adults with
5developmental disabilities are supported in community-based
6settings in Illinois; direct service personnel (DSP), are
7trained paraprofessional staff that are engaged in activities
8of daily living and community support; these employees earn
9wages that place them and their families below the poverty
10level; and
 
11    WHEREAS, According to a recent industry salary survey, the
12average direct service personnel wage in Illinois is $9.35 per
13hour which is 18.5% below the U.S. Department of Health and
14Human Services poverty threshold of $23,850 for a family of 4;
15this predominately female, minority workforce is often
16compelled to work many overtime hours or hold down a second job
17to support their families; many have to fall back on public
18benefits such as Medicaid and food stamps, creating additional
19expenditures for state government; low wages are a consequence
20of the historically low reimbursement rates paid by the State
21of Illinois to community-based service providers; over the last
2210 fiscal years, increases in State funding to these agencies
23have averaged far less than 1% per year, for a total of 5.5%;
24by contrast, the Consumer Price Index increased 21% over the
25same period; and
 

 

 

HB3255- 2 -LRB099 08768 RLC 28936 b

1    WHEREAS, The lack of adequate wages for employees who
2perform the challenging work of supporting individuals with
3disabilities results in high employee turnover, which in turn
4negatively impacts the quality of services provided; higher
5wages are proven to reduce staff turnover, improving stability
6and quality of services while reducing employer training costs;
7and
 
8    WHEREAS, The General Assembly finds that in order to reduce
9turnover, increase retention, and ensure direct service
10personnel are adequately compensated for the critically
11important work they do, an increase in rates and reimbursements
12to community-based service providers to effectuate an increase
13in the starting hourly wage paid to direct service personnel is
14needed; and
 
15    WHEREAS, It is the purpose of this amendatory Act to
16increase the wages of direct service personnel in community
17disability agencies beyond that of poverty level in an effort
18to improve their lives and the lives of the vulnerable
19individuals they support; therefore
 
20    Be it enacted by the People of the State of Illinois,
21represented in the General Assembly:
 

 

 

HB3255- 3 -LRB099 08768 RLC 28936 b

1    Section 5. The Mental Health and Developmental
2Disabilities Administrative Act is amended by adding Section
355.5 as follows:
 
4    (20 ILCS 1705/55.5 new)
5    Sec. 55.5. Increased wages for direct service personnel.
6The Department shall establish reimbursement rates which build
7toward livable wages for direct service personnel in
8residential and day programs serving individuals with
9developmental disabilities under Section 54 of this Act,
10including but not limited to intermediate care facilities for
11the developmentally disabled, community integrated living
12arrangements, developmental training programs, employment, and
13other residential and day programs for individuals with
14developmental disabilities supported by State funds or funding
15under Title XIX of the federal Social Security Act. As used in
16this Section, "direct service personnel" means direct care
17staff, front-line supervisors, qualified support
18professionals, nurses, and non-administrative support staff
19working in service settings outlined in this Section. The
20Department shall increase rates and reimbursements so that on
21or before July 1, 2017 direct service personnel earn a starting
22wage of not less than $13 per hour. On or before July l, 2015
23rates shall increase to fund a $1 per hour increase. On or
24before January 1, 2016 rates shall increase to fund an
25additional $1 per hour increase. On or before July 1, 2016

 

 

HB3255- 4 -LRB099 08768 RLC 28936 b

1rates shall increase to fund an additional $1 per hour
2increase. On or before January 1, 2017 rates shall increase to
3fund an additional $0.65 per hour increase.
 
4    Section 10. The Illinois Public Aid Code is amended by
5adding Section 5-5.4i as follows:
 
6    (305 ILCS 5/5-5.4i new)
7    Sec. 5-5.4i. Increased wages for direct service personnel.
8Under Section 55.5 of the Mental Health and Developmental
9Disabilities Administrative Act, the amount of the payment rate
10for all nursing facilities certified by the Department of
11Public Health under the ID/DD Community Care Act as
12intermediate care facilities for the developmentally disabled
13or long term care for under age 22 facilities shall increase to
14fund:
15    (1) a $1 per hour increase on or before July 1, 2015;
16    (2) an additional $1 per hour increase on or before January
171, 2016;
18    (3) an additional $1 per hour increase on or before July l,
192016; and
20    (4) an increase to fund an additional $0.65 per hour
21increase on or before January l, 2017.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.