Public Act 096-1124
 
SB3291 EnrolledLRB096 17742 KTG 33107 b

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