Bill Text: IL HB4806 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that, for community-based providers serving persons with intellectual/developmental disabilities, subject to federal approval of any relevant Waiver Amendment, the rates taking effect for services delivered on or after January 1, 2025 shall include an increase in the rate methodology sufficient to provide a $3 per hour wage rate increase for all direct support personnel and all other frontline personnel who are not subject to the Bureau of Labor Statistics' average wage increases and who work in residential and community day services settings, with at least $1.50 of those funds to be provided as a direct increase to base wages and the remaining $1.50 to be used flexibly for base wage increases. Provides that the rates taking effect for services delivered on or after January 1, 2025 shall include an increase sufficient to provide wages for all residential non-executive direct care staff, excluding direct support personnel, at the federal Department of Labor, Bureau of Labor Statistics' average wage as defined by rule by the Department of Human Services. Provides that for facilities licensed by the Department of Public Health under the ID/DD Community Care Act as ID/DD facilities and under the MC/DD Act as MC/DD facilities, subject to federal approval of a State Plan Amendment, the rates taking effect for services delivered on or after January 1, 2025, shall include a $3 per hour wage rate increase for all direct support personnel and all other frontline personnel who are not subject to the Bureau of Labor Statistics' average wage increases and who work in residential and community day services settings, with at least $1.50 of those funds to be provided as a direct increase to all aide base wages and the remaining $1.50 to be used flexibly for base wage increases to the rate methodology for aides. Provides that for residential services delivered on or after January 1, 2025, the rates shall include an increase sufficient to provide wages for all residential non-executive direct care staff, excluding aides, at the federal Department of Labor, Bureau of Labor Statistics' average wage as determined by the Department. Requires the Department to adopt rules, including emergency rules, to implement the amendatory Act.

Spectrum: Partisan Bill (Democrat 28-0)

Status: (Introduced) 2024-05-31 - Rule 19(a) / Re-referred to Rules Committee [HB4806 Detail]

Download: Illinois-2023-HB4806-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4806 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
5 ILCS 100/5-45.55 new
20 ILCS 1705/74
Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that, for community-based providers serving persons with intellectual/developmental disabilities, subject to federal approval of any relevant Waiver Amendment, the rates taking effect for services delivered on or after January 1, 2025 shall include an increase in the rate methodology sufficient to provide a $3 per hour wage rate increase for all direct support personnel and all other frontline personnel who are not subject to the Bureau of Labor Statistics' average wage increases and who work in residential and community day services settings, with at least $1.50 of those funds to be provided as a direct increase to base wages and the remaining $1.50 to be used flexibly for base wage increases. Provides that the rates taking effect for services delivered on or after January 1, 2025 shall include an increase sufficient to provide wages for all residential non-executive direct care staff, excluding direct support personnel, at the federal Department of Labor, Bureau of Labor Statistics' average wage as defined by rule by the Department of Human Services. Provides that for facilities licensed by the Department of Public Health under the ID/DD Community Care Act as ID/DD facilities and under the MC/DD Act as MC/DD facilities, subject to federal approval of a State Plan Amendment, the rates taking effect for services delivered on or after January 1, 2025, shall include a $3 per hour wage rate increase for all direct support personnel and all other frontline personnel who are not subject to the Bureau of Labor Statistics' average wage increases and who work in residential and community day services settings, with at least $1.50 of those funds to be provided as a direct increase to all aide base wages and the remaining $1.50 to be used flexibly for base wage increases to the rate methodology for aides. Provides that for residential services delivered on or after January 1, 2025, the rates shall include an increase sufficient to provide wages for all residential non-executive direct care staff, excluding aides, at the federal Department of Labor, Bureau of Labor Statistics' average wage as determined by the Department. Requires the Department to adopt rules, including emergency rules, to implement the amendatory Act.
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A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. The Illinois Administrative Procedure Act is
amended by adding Section 5-45.55 as follows:
(5 ILCS 100/5-45.55 new)
Sec. 5-45.55. Emergency rulemaking; rate increase for
direct support personnel and all frontline personnel. To
provide for the expeditious and timely implementation of the
changes made to Section 74 of the Mental Health and
Developmental Disabilities Administrative Act by this
amendatory Act of the 103rd General Assembly, emergency rules
implementing the those changes made to Section 74 of the
Mental Health and Developmental Disabilities Administrative
Act by this amendatory Act of the 103rd General Assembly may be
adopted in accordance with Section 5-45 by the Department of
Human Services. The adoption of emergency rules authorized by
Section 5-45 and this Section is deemed to be necessary for the
public interest, safety, and welfare.
This Section is repealed one year after the effective date
of this amendatory Act of the 103rd General Assembly.
Section 5. The Mental Health and Developmental

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Disabilities Administrative Act is amended by changing Section
74 as follows:
(20 ILCS 1705/74)
Sec. 74. Rates and reimbursements.
(a) Within 30 days after July 6, 2017 (the effective date
of Public Act 100-23), the Department shall increase rates and
reimbursements to fund a minimum of a $0.75 per hour wage
increase for front-line personnel, including, but not limited
to, direct support professionals, aides, front-line
supervisors, qualified intellectual disabilities
professionals, nurses, and non-administrative support staff
working in community-based provider organizations serving
individuals with developmental disabilities. The Department
shall adopt rules, including emergency rules under subsection
(y) of Section 5-45 of the Illinois Administrative Procedure
Act, to implement the provisions of this Section.
(b) Rates and reimbursements. Within 30 days after June 4,
2018 (the effective date of Public Act 100-587), the
Department shall increase rates and reimbursements to fund a
minimum of a $0.50 per hour wage increase for front-line
personnel, including, but not limited to, direct support
professionals, aides, front-line supervisors, qualified
intellectual disabilities professionals, nurses, and
non-administrative support staff working in community-based
provider organizations serving individuals with developmental

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disabilities. The Department shall adopt rules, including
emergency rules under subsection (bb) of Section 5-45 of the
Illinois Administrative Procedure Act, to implement the
provisions of this Section.
(c) Rates and reimbursements. Within 30 days after June 5,
2019 (the effective date of Public Act 101-10), subject to
federal approval, the Department shall increase rates and
reimbursements in effect on June 30, 2019 for community-based
providers for persons with Developmental Disabilities by 3.5%
The Department shall adopt rules, including emergency rules
under subsection (jj) of Section 5-45 of the Illinois
Administrative Procedure Act, to implement the provisions of
this Section, including wage increases for direct care staff.
(d) For community-based providers serving persons with
intellectual/developmental disabilities, subject to federal
approval of any relevant Waiver Amendment, the rates taking
effect for services delivered on or after January 1, 2022,
shall include an increase in the rate methodology sufficient
to provide a $1.50 per hour wage increase for direct support
professionals in residential settings and sufficient to
provide wages for all residential non-executive direct care
staff, excluding direct support professionals, at the federal
Department of Labor, Bureau of Labor Statistics' average wage
as defined in rule by the Department.
The establishment of and any changes to the rate
methodologies for community-based services provided to persons

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with intellectual/developmental disabilities are subject to
federal approval of any relevant Waiver Amendment and shall be
defined in rule by the Department. The Department shall adopt
rules, including emergency rules as authorized by Section 5-45
of the Illinois Administrative Procedure Act, to implement the
provisions of this subsection (d).
(e) For community-based providers serving persons with
intellectual/developmental disabilities, subject to federal
approval of any relevant Waiver Amendment, the rates taking
effect for services delivered on or after January 1, 2023,
shall include an increase in the rate methodology sufficient
to provide a $1.00 per hour wage increase for all direct
support professionals and all other frontline personnel who
are not subject to the Bureau of Labor Statistics' average
wage increases, who work in residential and community day
services settings, with at least $0.50 of those funds to be
provided as a direct increase to base wages, with the
remaining $0.50 to be used flexibly for base wage increases.
In addition, the rates taking effect for services delivered on
or after January 1, 2023 shall include an increase sufficient
to provide wages for all residential non-executive direct care
staff, excluding direct support professionals, at the federal
Department of Labor, Bureau of Labor Statistics' average wage
as defined in rule by the Department.
The establishment of and any changes to the rate
methodologies for community-based services provided to persons

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with intellectual/developmental disabilities are subject to
federal approval of any relevant Waiver Amendment and shall be
defined in rule by the Department. The Department shall adopt
rules, including emergency rules as authorized by Section 5-45
of the Illinois Administrative Procedure Act, to implement the
provisions of this subsection.
(f) For community-based providers serving persons with
intellectual/developmental disabilities, subject to federal
approval of any relevant Waiver Amendment, the rates taking
effect for services delivered on or after January 1, 2024
shall include an increase in the rate methodology sufficient
to provide a $2.50 per hour wage increase for all direct
support professionals and all other frontline personnel who
are not subject to the Bureau of Labor Statistics' average
wage increases and who work in residential and community day
services settings. At least $1.25 of the per hour wage
increase shall be provided as a direct increase to base wages,
and the remaining $1.25 of the per hour wage increase shall be
used flexibly for base wage increases. In addition, the rates
taking effect for services delivered on or after January 1,
2024 shall include an increase sufficient to provide wages for
all residential non-executive direct care staff, excluding
direct support professionals, at the federal Department of
Labor, Bureau of Labor Statistics' average wage as defined in
rule by the Department.
The establishment of and any changes to the rate

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methodologies for community-based services provided to persons
with intellectual/developmental disabilities are subject to
federal approval of any relevant Waiver Amendment and shall be
defined in rule by the Department. The Department shall adopt
rules, including emergency rules as authorized by Section 5-45
of the Illinois Administrative Procedure Act, to implement the
provisions of this subsection.
(g) For community-based providers serving persons with
intellectual/developmental disabilities, subject to federal
approval of any relevant Waiver Amendment, the rates taking
effect for services delivered on or after January 1, 2025
shall include an increase in the rate methodology sufficient
to provide a $3 per hour wage rate increase for all direct
support personnel and all other frontline personnel who are
not subject to the Bureau of Labor Statistics' average wage
increases and who work in residential and community day
services settings, with at least $1.50 of those funds to be
provided as a direct increase to base wages and the remaining
$1.50 to be used flexibly for base wage increases. In
addition, the rates taking effect for services delivered on or
after January 1, 2025 shall include an increase sufficient to
provide wages for all residential non-executive direct care
staff, excluding direct support personnel, at the federal
Department of Labor, Bureau of Labor Statistics' average wage
as defined by rule by the Department. For services delivered
on or after January 1, 2025, the rates shall include

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adjustments to employment-related expenses as defined by rule
by the Department.
The establishment of and any changes to the rate
methodologies for community-based services provided to persons
with intellectual/developmental disabilities are subject to
federal approval of any relevant Waiver Amendment and shall be
defined in rule by the Department. The Department shall adopt
rules, including emergency rules as authorized by Section 5-45
of the Illinois Administrative Procedure Act, to implement the
provisions of this subsection.
(h) For facilities licensed by the Department of Public
Health under the ID/DD Community Care Act as ID/DD facilities
and under the MC/DD Act as MC/DD facilities, subject to
federal approval of a State Plan Amendment, the rates taking
effect for services delivered on or after January 1, 2025
shall include a $3 per hour wage rate increase for all direct
support personnel and all other frontline personnel who are
not subject to the Bureau of Labor Statistics' average wage
increases and who work in residential and community day
services settings, with at least $1.50 of those funds to be
provided as a direct increase to all aide base wages and the
remaining $1.50 to be used flexibly for base wage increases to
the rate methodology for aides. In addition, for residential
services delivered on or after January 1, 2025, the rates
shall include an increase sufficient to provide wages for all
residential non-executive direct care staff, excluding aides,

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