State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ]

90_HB0368eng

      405 ILCS 30/4             from Ch. 91 1/2, par. 904
          Amends the Community Services Act.    Provides  that  the
      annual  appropriation  to the Department of Human Services to
      fund community services shall include a  percentage  increase
      for  the  wages  of direct care workers that is equivalent to
      the percentage cost of living increases granted for the  same
      year  to  mental  health technicians in mental health centers
      operated by the Department. Provides that  the  increases  in
      wages  that  are based on cost of living increases granted to
      mental health technicians and provided to direct care workers
      in community settings shall be applied to  appropriations  to
      the  Department  beginning  July 1, 1997 for the State fiscal
      year 1998 and shall continue each year thereafter.  Effective
      immediately.
                                                     LRB9001786WHmg
HB0368 Engrossed                               LRB9001786WHmg
 1        AN ACT in relation to public services.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 5.  The Community  Services  Act  is  amended  by
 5    changing Section 4 as follows:
 6        (405 ILCS 30/4) (from Ch. 91 1/2, par. 904)
 7        (Text of Section before amendment by P.A. 89-507)
 8        Sec. 4.  Financing for Community Services. The Department
 9    of  Mental  Health  and  Developmental  Disabilities  and the
10    Illinois Department of  Alcoholism  and  Substance  Abuse  in
11    their  respective  areas  of  jurisdiction  are authorized to
12    provide financial  assistance  to  eligible  private  service
13    providers,   corporations,   local   government  entities  or
14    voluntary associations  for  the  provision  of  services  to
15    persons  with  mental  illness,  persons with a developmental
16    disability and alcohol and drug dependent persons  living  in
17    the  community for the purpose of achieving the goals of this
18    Act.
19        The Department and the Illinois Department of  Alcoholism
20    and  Substance  Abuse  shall  utilize  the  following funding
21    mechanisms for community services:
22             (1)  Purchase of Care Contracts: services  purchased
23        on  a  predetermined  fee  per unit of service basis from
24        private  providers  or  governmental  entities.  Fee  per
25        service rates are set by  an  established  formula  which
26        covers  some  portion  of  personnel, supplies, and other
27        allowable costs,  and  which  makes  some  allowance  for
28        geographic  variations in costs as well as for additional
29        program components.
30             (2)  Grants: sums of money which the  Department  or
31        the Illinois Department of Alcoholism and Substance Abuse
HB0368 Engrossed            -2-                LRB9001786WHmg
 1        grants  to  private  providers  or  governmental entities
 2        pursuant to the grant recipient's  agreement  to  provide
 3        certain  services,  as  defined  by  Departmental  or the
 4        Illinois Department of  Alcoholism  and  Substance  Abuse
 5        grant  guidelines,  to  an  approximate number of service
 6        recipients. Grant levels are set through consideration of
 7        personnel, supply and other allowable costs, as  well  as
 8        other funds available to the program.
 9             (3)  Other  Funding Arrangements: funding mechanisms
10        may be established on a pilot basis in order  to  examine
11        the feasibility of alternative financing arrangements for
12        the provision of community services.
13        The  annual  appropriation  to  the  Department  of Human
14    Services  (formerly  the  Department  of  Mental  Health  and
15    Developmental Disabilities) to fund  community  services  for
16    the developmentally disabled and mentally ill shall include a
17    percentage increase for the wages of direct care workers that
18    is equivalent to the Employment Cost Index for Health Service
19    Occupations.   The increases for direct care workers shall be
20    in addition to any increases that are attributable  to  other
21    factors,  including  general  cost  of  living  increases for
22    community services.  The increases in wages that are based on
23    the  Employment  Cost  Index  for  direct  care  workers   in
24    community  settings shall be applied to appropriations to the
25    Department beginning July 1, 1997 for the State  fiscal  year
26    1998 and shall continue each year thereafter.
27        The  Department  shall  receive  certification  from  the
28    provider  agency  that  any increase appropriated pursuant to
29    this amendatory Act of 1997 shall be utilized in its entirety
30    to provide wage increases to direct care workers.
31        The Department and the Illinois Department of  Alcoholism
32    and Substance Abuse shall strive to establish and maintain an
33    equitable  system  of  payment  which encourages providers to
34    improve their  clients'  capabilities  for  independence  and
HB0368 Engrossed            -3-                LRB9001786WHmg
 1    reduces   their   reliance  on  community  or  State-operated
 2    services. In accepting Department or the Illinois  Department
 3    of  Alcoholism  and  Substance  Abuse  funds, providers shall
 4    recognize their  responsibility  to  be  accountable  to  the
 5    Department  or  the  Illinois  Department  of  Alcoholism and
 6    Substance Abuse and the State for the  delivery  of  services
 7    which  are consistent with the philosophies and goals of this
 8    Act and the rules and regulations promulgated under it.
 9    (Source: P.A. 88-380.)
10        (Text of Section after amendment by P.A. 89-507)
11        Sec. 4.  Financing for Community Services. The Department
12    of  Human  Services  is  authorized  to   provide   financial
13    assistance    to    eligible   private   service   providers,
14    corporations,  local   government   entities   or   voluntary
15    associations  for  the  provision of services to persons with
16    mental illness, persons with a developmental  disability  and
17    alcohol  and  drug  dependent persons living in the community
18    for the purpose of achieving the goals of this Act.
19        The  Department  shall  utilize  the  following   funding
20    mechanisms for community services:
21             (1)  Purchase  of Care Contracts: services purchased
22        on a predetermined fee per unit  of  service  basis  from
23        private  providers  or  governmental  entities.  Fee  per
24        service  rates  are  set  by an established formula which
25        covers some portion of  personnel,  supplies,  and  other
26        allowable  costs,  and  which  makes  some  allowance for
27        geographic variations in costs as well as for  additional
28        program components.
29             (2)  Grants:  sums  of  money  which  the Department
30        grants to  private  providers  or  governmental  entities
31        pursuant  to  the  grant recipient's agreement to provide
32        certain  services,  as  defined  by  departmental   grant
33        guidelines,   to   an   approximate   number  of  service
34        recipients. Grant levels are set through consideration of
HB0368 Engrossed            -4-                LRB9001786WHmg
 1        personnel, supply and other allowable costs, as  well  as
 2        other funds available to the program.
 3             (3)  Other  Funding Arrangements: funding mechanisms
 4        may be established on a pilot basis in order  to  examine
 5        the feasibility of alternative financing arrangements for
 6        the provision of community services.
 7        The  annual  appropriation  to  the  Department  of Human
 8    Services  (formerly  the  Department  of  Mental  Health  and
 9    Developmental Disabilities) to fund  community  services  for
10    the developmentally disabled and mentally ill shall include a
11    percentage increase for the wages of direct care workers that
12    is equivalent to the Employment Cost Index for Health Service
13    Occupations.   The increases for direct care workers shall be
14    in addition to any increases that are attributable  to  other
15    factors,  including  general  cost  of  living  increases for
16    community services.  The increases in wages that are based on
17    the  Employment  Cost  Index  for  direct  care  workers   in
18    community  settings shall be applied to appropriations to the
19    Department beginning July 1, 1997 for the State  fiscal  year
20    1998 and shall continue each year thereafter.
21        The  Department  shall  receive  certification  from  the
22    provider  agency  that  any increase appropriated pursuant to
23    this amendatory Act of 1997 shall be utilized in its entirety
24    to provide wage increases to direct care workers.
25        The Department shall strive to establish and maintain  an
26    equitable  system  of  payment  which encourages providers to
27    improve their  clients'  capabilities  for  independence  and
28    reduces   their   reliance  on  community  or  State-operated
29    services.  In accepting  Department  funds,  providers  shall
30    recognize  their  responsibility  to  be  accountable  to the
31    Department and the State for the delivery of  services  which
32    are  consistent  with  the philosophies and goals of this Act
33    and the rules and regulations promulgated under it.
34    (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
HB0368 Engrossed            -5-                LRB9001786WHmg
 1        Section 95.  No acceleration or delay.   Where  this  Act
 2    makes changes in a statute that is represented in this Act by
 3    text  that  is not yet or no longer in effect (for example, a
 4    Section represented by multiple versions), the  use  of  that
 5    text  does  not  accelerate or delay the taking effect of (i)
 6    the changes made by this Act or (ii) provisions derived  from
 7    any other Public Act.
 8        Section  99.  Effective date.  This Act takes effect upon
 9    becoming law.

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