Full Text of SB3291 96th General Assembly
SB3291sam001 96TH GENERAL ASSEMBLY
|
Sen. David Koehler
Filed: 3/1/2010
|
|
09600SB3291sam001 |
|
LRB096 17742 KTG 37566 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 3291
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 3291 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Mental Health and Developmental | 5 |
| Disabilities Administrative Act is amended by adding Section | 6 |
| 54.5 as follows: | 7 |
| (20 ILCS 1705/54.5 new) | 8 |
| Sec. 54.5. Community care for the developmentally disabled | 9 |
| quality workforce initiative. | 10 |
| (a) Legislative intent. Individuals with developmental | 11 |
| disabilities who live in community-based settings rely on | 12 |
| direct support staff for a variety of supports and services | 13 |
| essential to the ability to reach their full potential. A | 14 |
| stable, well-trained direct support workforce is critical to | 15 |
| the well-being of these individuals. State and national studies | 16 |
| have documented high rates of turnover among direct support |
|
|
|
09600SB3291sam001 |
- 2 - |
LRB096 17742 KTG 37566 a |
|
| 1 |
| workers and confirmed that improvements in wages can help | 2 |
| reduce turnover and develop a more stable and committed | 3 |
| workforce. This Section would increase the wages and benefits | 4 |
| for direct care workers supporting individuals with | 5 |
| developmental disabilities and provide accountability by | 6 |
| ensuring that additional resources go directly to these | 7 |
| workers. | 8 |
| (b) Reimbursement. In order to attract and retain a stable, | 9 |
| qualified, and healthy workforce, beginning July 1, 2010, the | 10 |
| Department of Human Services may reimburse an individual | 11 |
| community service provider serving individuals with | 12 |
| developmental disabilities for spending incurred to provide | 13 |
| improved wages and benefits to its employees serving | 14 |
| developmentally disabled individuals. Reimbursement shall be | 15 |
| based upon the provider's most recent cost report. Subject to | 16 |
| available appropriations, this reimbursement shall be made | 17 |
| according to the following criteria: | 18 |
| (1) The Department shall reimburse the provider to | 19 |
| compensate for spending on improved wages and benefits for | 20 |
| its eligible employees. Eligible employees include | 21 |
| employees engaged in direct care work. | 22 |
| (2) In order to qualify for reimbursement under this | 23 |
| Section, a provider must submit to the Department, before | 24 |
| January 1 of each year, documentation of a written, legally | 25 |
| binding commitment to increase spending for the purpose of | 26 |
| providing improved wages and benefits to its eligible |
|
|
|
09600SB3291sam001 |
- 3 - |
LRB096 17742 KTG 37566 a |
|
| 1 |
| employees during the next year. The commitment must be | 2 |
| binding as to both existing and future staff. The | 3 |
| commitment must include a method of enforcing the | 4 |
| commitment that is available to the employees or their | 5 |
| representative and is expeditious, uses a neutral | 6 |
| decision-maker, and is economical for the employees. The | 7 |
| Department must also receive documentation of the | 8 |
| provider's provision of written notice of the commitment | 9 |
| and the availability of the enforcement mechanism to the | 10 |
| employees or their representative. | 11 |
| (3) Reimbursement shall be based on the amount of | 12 |
| increased spending to be incurred by the provider for | 13 |
| improving wages and benefits that exceeds the spending | 14 |
| reported in the cost report currently used by the | 15 |
| Department. Reimbursement shall be calculated as follows: | 16 |
| the per diem equivalent of the quarterly difference between | 17 |
| the cost to provide improved wages and benefits for covered | 18 |
| eligible employees as identified in the legally binding | 19 |
| commitment and the previous period cost of wages and | 20 |
| benefits as reported in the cost report currently used by | 21 |
| the Department, subject to the limitations identified in | 22 |
| paragraph (2) of this subsection. In no event shall the per | 23 |
| diem increase be in excess of $7.00 for any 12 month | 24 |
| period, or in excess of $8.00 for any 12 month period for | 25 |
| community-integrated living arrangements with 4 beds or | 26 |
| less. For purposes of this Section, "community-integrated |
|
|
|
09600SB3291sam001 |
- 4 - |
LRB096 17742 KTG 37566 a |
|
| 1 |
| living arrangement" has the same meaning ascribed to that | 2 |
| term in the Community-Integrated Living Arrangements | 3 |
| Licensure and Certification Act. | 4 |
| (4) Any community service provider is eligible to | 5 |
| receive reimbursement under this Section. A provider's | 6 |
| eligibility to receive reimbursement shall continue as | 7 |
| long as the provider maintains eligibility under paragraph | 8 |
| (2) of this subsection and the reimbursement program | 9 |
| continues to exist. | 10 |
| (c) Audit. Reimbursement under this Section is subject to | 11 |
| audit by the Department and shall be reduced or eliminated in | 12 |
| the case of any provider that does not honor its commitment to | 13 |
| increase spending to improve the wages and benefits of its | 14 |
| employees or that decreases such spending. | 15 |
| Section 10. The Illinois Public Aid Code is amended by | 16 |
| adding Section 5-5.4f as follows: | 17 |
| (305 ILCS 5/5-5.4f new) | 18 |
| Sec. 5-5.4f. Intermediate care facilities for the | 19 |
| developmentally disabled quality workforce initiative. | 20 |
| (a) Legislative intent. Individuals with developmental | 21 |
| disabilities who live in community-based settings rely on | 22 |
| direct support staff for a variety of supports and services | 23 |
| essential to the ability to reach their full potential. A | 24 |
| stable, well-trained direct support workforce is critical to |
|
|
|
09600SB3291sam001 |
- 5 - |
LRB096 17742 KTG 37566 a |
|
| 1 |
| the well-being of these individuals. State and national studies | 2 |
| have documented high rates of turnover among direct support | 3 |
| workers and confirmed that improvements in wages can help | 4 |
| reduce turnover and develop a more stable and committed | 5 |
| workforce. This Section would increase the wages and benefits | 6 |
| for direct care workers supporting individuals with | 7 |
| developmental disabilities and provide accountability by | 8 |
| ensuring that additional resources go directly to these | 9 |
| workers. | 10 |
| (b) Reimbursement. Notwithstanding any provision of | 11 |
| Section 5-5.4, in order to attract and retain a stable, | 12 |
| qualified, and healthy workforce, beginning July 1, 2010, the | 13 |
| Department of Healthcare and Family Services may reimburse an | 14 |
| individual intermediate care facility for the developmentally | 15 |
| disabled for spending incurred to provide improved wages and | 16 |
| benefits to its employees serving the individuals residing in | 17 |
| the facility. Reimbursement shall be based upon patient days | 18 |
| reported in the facility's most recent cost report. Subject to | 19 |
| available appropriations, this reimbursement shall be made | 20 |
| according to the following criteria: | 21 |
| (1) The Department shall reimburse the facility to | 22 |
| compensate for spending on improved wages and benefits for | 23 |
| its eligible employees. Eligible employees include | 24 |
| employees engaged in direct care work. | 25 |
| (2) In order to qualify for reimbursement under this | 26 |
| Section, a facility must submit to the Department, before |
|
|
|
09600SB3291sam001 |
- 6 - |
LRB096 17742 KTG 37566 a |
|
| 1 |
| January 1 of each year, documentation of a written, legally | 2 |
| binding commitment to increase spending for the purpose of | 3 |
| providing improved wages and benefits to its eligible | 4 |
| employees during the next year. The commitment must be | 5 |
| binding as to both existing and future staff. The | 6 |
| commitment must include a method of enforcing the | 7 |
| commitment that is available to the employees or their | 8 |
| representative and is expeditious, uses a neutral | 9 |
| decision-maker, and is economical for the employees. The | 10 |
| Department must also receive documentation of the | 11 |
| facility's provision of written notice of the commitment | 12 |
| and the availability of the enforcement mechanism to the | 13 |
| employees or their representative. | 14 |
| (3) Reimbursement shall be based on the amount of | 15 |
| increased spending to be incurred by the facility for | 16 |
| improving wages and benefits that exceeds the spending | 17 |
| reported in the cost report currently used by the | 18 |
| Department. Reimbursement shall be calculated as follows: | 19 |
| the per diem equivalent of the quarterly difference between | 20 |
| the cost to provide improved wages and benefits for covered | 21 |
| eligible employees as identified in the legally binding | 22 |
| commitment and the previous period cost of wages and | 23 |
| benefits as reported in the cost report currently used by | 24 |
| the Department, subject to the limitations identified in | 25 |
| paragraph (2) of this subsection. In no event shall the per | 26 |
| diem increase be in excess of $5.00 for any 12 month period |
|
|
|
09600SB3291sam001 |
- 7 - |
LRB096 17742 KTG 37566 a |
|
| 1 |
| for an intermediate care facility for the developmentally | 2 |
| disabled with more than 16 beds, or in excess of $6.00 for | 3 |
| any 12 month period for an intermediate care facility for | 4 |
| the developmentally disabled with 16 beds or less. | 5 |
| (4) Any intermediate care facility for the | 6 |
| developmentally disabled is eligible to receive | 7 |
| reimbursement under this Section. A facility's eligibility | 8 |
| to receive reimbursement shall continue as long as the | 9 |
| facility maintains eligibility under paragraph (2) of this | 10 |
| subsection and the reimbursement program continues to | 11 |
| exist. | 12 |
| (c) Audit. Reimbursement under this Section is subject to | 13 |
| audit by the Department and shall be reduced or eliminated in | 14 |
| the case of any facility that does not honor its commitment to | 15 |
| increase spending to improve the wages and benefits of its | 16 |
| employees or that decreases such spending.
| 17 |
| Section 99. Effective date. This Act takes effect July 1, | 18 |
| 2010.".
|
|