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(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 |
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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 |
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(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.
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Section 10. The Illinois Public Aid Code is amended by |
adding Section 5-5.4f as follows:
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(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 |
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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 |
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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.
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Section 99. Effective date. This Act takes effect July 1, |
2010.
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