Full Text of HB5931 99th General Assembly
HB5931enr 99TH GENERAL ASSEMBLY |
| | HB5931 Enrolled | | LRB099 18949 RLC 43338 b |
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| 1 | | AN ACT concerning care for persons with a developmental | 2 | | disabilities, which may be referred to as the Community | 3 | | Disability Living Wage Act.
| 4 | | WHEREAS, An estimated 27,000 children and adults with | 5 | | intellectual and developmental disabilities are supported in | 6 | | community-based settings in Illinois; direct support persons | 7 | | (DSPs), are trained paraprofessional staff that are engaged in | 8 | | activities of daily living and community support; these | 9 | | employees earn wages that place them and their families below | 10 | | the poverty level; and | 11 | | WHEREAS, According to a recent industry salary survey, the | 12 | | average DSP wage in Illinois is $9.35 per hour which is 25% | 13 | | below the U.S. Department of Health and Human Services poverty | 14 | | threshold of $11.66 for a family of 4; this workforce is often | 15 | | compelled to work many overtime hours or hold down a second job | 16 | | to support their families; many have to fall back on public | 17 | | benefits such as Medicaid and food stamps, creating additional | 18 | | expenditures for State government; low wages are a consequence | 19 | | of the historically low reimbursement rates paid by the State | 20 | | of Illinois to community-based service providers; over the last | 21 | | 8 fiscal years, there has been no increase in State funding to | 22 | | these agencies; by contrast, the Consumer Price Index increased | 23 | | 14% over the same period; and | 24 | | WHEREAS, The lack of adequate wages for employees who |
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| 1 | | perform the challenging work of supporting persons with | 2 | | intellectual and developmental disabilities results in high | 3 | | employee turnover, which in turn negatively impacts the quality | 4 | | of services provided; higher wages are proven to reduce staff | 5 | | turnover, improving stability and quality of services while | 6 | | reducing employer training costs; and | 7 | | WHEREAS, Rising wages in several other sectors now mean, | 8 | | despite strenuous efforts to recruit new workers, agencies are | 9 | | experiencing staff vacancy rates of up to 25%; excessive | 10 | | vacancies force employers to rely more on overtime, leading to | 11 | | staff burnout and driving up costs; this growing hiring crisis | 12 | | impedes the ability of community disability agencies to expand | 13 | | to accommodate persons newly approved for services as part of | 14 | | the Ligas Consent Decree; and | 15 | | WHEREAS, The General Assembly finds that in order to reduce | 16 | | turnover, increase retention, fill vacancies, and ensure DSPs | 17 | | are adequately compensated for the critically important work | 18 | | they do, an increase in rates and reimbursements to | 19 | | community-based service providers to effectuate an increase in | 20 | | the hourly wage paid to DSPs is needed; and | 21 | | WHEREAS, It is the purpose of this amendatory Act to | 22 | | increase the wages of DSPs in community disability agencies | 23 | | beyond the poverty level and to a level competitive with rival |
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| 1 | | employers, in an effort to improve the lives of DSPs and the | 2 | | lives of the vulnerable persons they support; therefore
| 3 | | Be it enacted by the People of the State of Illinois,
| 4 | | represented in the General Assembly:
| 5 | | Section 5. The Mental Health and Developmental | 6 | | Disabilities Administrative Act is amended by adding Section | 7 | | 55.5 as follows: | 8 | | (20 ILCS 1705/55.5 new) | 9 | | Sec. 55.5. Increased wages for front line personnel.
The | 10 | | Department shall establish reimbursement rates which build | 11 | | toward livable wages for front line personnel in residential | 12 | | and day programs serving persons with intellectual and | 13 | | developmental disabilities under Section 54 of this Act, | 14 | | including, but not limited to, intermediate care facilities for | 15 | | persons with developmental disabilities, community-integrated | 16 | | living arrangements, developmental training programs, | 17 | | employment, and other residential and day programs for persons | 18 | | with intellectual and developmental disabilities supported by | 19 | | State funds or funding under Title XIX of the federal Social | 20 | | Security Act. | 21 | | As used in this Section, "front line personnel" means | 22 | | direct support persons, aides, front-line supervisors, | 23 | | qualified intellectual disabilities professionals, nurses, and |
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| 1 | | non-administrative support staff working in service settings | 2 | | outlined in this Section. The Department shall increase rates | 3 | | and reimbursements so that direct support persons earn a base | 4 | | wage of not less than $15 per hour and so that other front line | 5 | | personnel earn a commensurate wage. | 6 | | Section 10. The Illinois Public Aid Code is amended by | 7 | | adding Section 5-5.4i as follows: | 8 | | (305 ILCS 5/5-5.4i new) | 9 | | Sec. 5-5.4i. Increased wages for front line personnel. As | 10 | | used in this Section, "front line personnel" means direct | 11 | | support persons, aides, front-line supervisors, qualified | 12 | | intellectual disabilities professionals, nurses, and | 13 | | non-administrative support staff working in service settings | 14 | | outlined in this Section. | 15 | | Under Section 55.5 of the Mental Health and Developmental | 16 | | Disabilities Administrative Act, the payment rate for all | 17 | | facilities licensed by the Department of Public Health under | 18 | | the ID/DD Community Care Act as intermediate care for the | 19 | | developmentally disabled facilities and under the MC/DD Act as | 20 | | medically complex for the developmentally disabled facilities | 21 | | shall be increased to fund rates and reimbursements so that | 22 | | direct support persons earn a base wage of not less than $15 | 23 | | per hour and so that other front line personnel earn a | 24 | | commensurate wage.
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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