Bill Text: IL HB5074 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Mental Health and Developmental Disabilities Administrative Act and the Illinois Public Aid Code. Provides that within 30 days after the effective date of the amendatory Act, the Department of Human Services and the Department of Healthcare and Family Services (Departments) shall increase by 20% rates and reimbursements in effect on June 30, 2020 for community-based providers of services for persons with developmental disabilities and for ID/DD facilities and MC/DD facilities. Requires community-based providers, ID/DD facilities, and MC/DD facilities to use at least 75% of the amount of the rate increase to increase the wages and benefits paid to their staff. Requires the Departments to ensure wage rate components are at least 145% of the statewide, regional, or local minimum wage rate, whichever is higher, as determined by the Departments. Requires community-based providers of services for persons with developmental disabilities, ID/DD facilities, and MC/DD facilities to certify compliance with the provisions of the amendatory Act in a form and manner prescribed by the Departments. Requires the Departments to adopt emergency rules to implement the provisions of the amendatory Act. Amends the Illinois Administrative Procedure Act. Grants the Departments emergency rulemaking authority. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 10-2)

Status: (Introduced - Dead) 2020-09-14 - Added Co-Sponsor Rep. Barbara Hernandez [HB5074 Detail]

Download: Illinois-2019-HB5074-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5074 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED:
5 ILCS 100/5-45.1 new
20 ILCS 1705/55.5 new
305 ILCS 5/5-5.4i
Amends the Mental Health and Developmental Disabilities Administrative Act and the Illinois Public Aid Code. Provides that within 30 days after the effective date of the amendatory Act, the Department of Human Services and the Department of Healthcare and Family Services (Departments) shall increase by 20% rates and reimbursements in effect on June 30, 2020 for community-based providers of services for persons with developmental disabilities and for ID/DD facilities and MC/DD facilities. Requires community-based providers, ID/DD facilities, and MC/DD facilities to use at least 75% of the amount of the rate increase to increase the wages and benefits paid to their staff. Requires the Departments to ensure wage rate components are at least 145% of the statewide, regional, or local minimum wage rate, whichever is higher, as determined by the Departments. Requires community-based providers of services for persons with developmental disabilities, ID/DD facilities, and MC/DD facilities to certify compliance with the provisions of the amendatory Act in a form and manner prescribed by the Departments. Requires the Departments to adopt emergency rules to implement the provisions of the amendatory Act. Amends the Illinois Administrative Procedure Act. Grants the Departments emergency rulemaking authority. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning public aid.
WHEREAS, The They Deserve More Coalition represents 88
organizations, including community providers, statewide
advocacy associations, labor organizations, and people with
intellectual and developmental disabilities, their families,
and their caregivers; and
WHEREAS, Over 60% of the provider organizations
represented by the They Deserve More Coalition operate
community-integrated living arrangements and community care
programs for persons with intellectual and developmental
disabilities, as well as 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; and
WHEREAS, The They Deserve More Coalition came together to
advocate for a direct support persons wage increase for the
first time in 11 years for State Fiscal Year 2018; and
WHEREAS, The wage increases of $.75 and $.50 for State
Fiscal Years 2018 and 2019, respectively, along with a 3.5%
rate increase in State Fiscal Year 2020 have shown the
commitment of the Department of Human Services' Division of
Developmental Disabilities to stabilize the community provider
system; and

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WHEREAS, The They Deserve More Coalition continues its
advocacy in requesting, for State Fiscal Year 2021, a 20%
appropriation increase in the overall rates for community
providers of services for persons with intellectual and
developmental disabilities, as well as a 20% appropriation
increase in overall rates 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; and
WHEREAS, A 20% increase in overall rates for community
providers and facilities that serve persons with intellectual
and developmental disabilities is estimated to add
$266,275,700 to the State Fiscal Year 2021 budget; and
WHEREAS, A 20% increase in overall rates is needed so that
community providers and facilities can: (i) address workforce
issues, including minimum wage mandates; (ii) provide access to
community-based services not only for those persons who are
currently served, but also for those persons who are being
released from the Prioritization for Urgency of Need for
Services (PUNS) waiting list; and (iii) ensure compliance with
the Ligas Consent Decree; and
WHEREAS, Another goal is to stabilize the community
provider system in order to map out capacity growth and reduce

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the PUNS waiting list moving forward, as well as to ensure that
rate increases for community providers are flexible and based
on regional minimum wage mandates; therefore
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Administrative Procedure Act is
amended by adding Section 5-45.1 as follows:
(5 ILCS 100/5-45.1 new)
Sec. 5-45.1. Emergency rulemaking; Departments of Human
Services and Healthcare and Family Services. To provide for the
expeditious and timely implementation of changes made by this
amendatory Act of the 101st General Assembly to Section 55.5 of
the Mental Health and Developmental Disabilities
Administrative Act and subsections (d) and (e) of Section
5-5.4i of the Illinois Public Aid Code, emergency rules may be
adopted in accordance with Section 5-45 by the respective
Department. 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 on January 1, 2026.
Section 10. The Mental Health and Developmental
Disabilities Administrative Act is amended by adding Section

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55.5 as follows:
(20 ILCS 1705/55.5 new)
Sec. 55.5. Investing in ID/DD services and supports.
(a) Subject to federal approval, within 30 days after the
effective date of this amendatory Act of the 101st General
Assembly, the Department shall increase by 20% rates and
reimbursements in effect on June 30, 2020 for community-based
providers of services for persons with developmental
disabilities. The Department shall adopt rules, including
emergency rules in accordance with the Illinois Administrative
Procedure Act, to implement the provisions of this Section.
(b) Community-based providers shall use at least 75% of the
amount of the increase described in subsection (a) to increase
the wages and benefits paid to staff employed by the
community-based providers.
(c) The Department shall ensure wage rate components are at
least 145% of the statewide, regional, or local minimum wage
rate, whichever is higher, as determined by the Department.
(d) Community-based providers shall certify compliance
with subsection (b) in a form and manner prescribed by the
Department.
Section 15. The Illinois Public Aid Code is amended by
changing Section 5-5.4i as follows:

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(305 ILCS 5/5-5.4i)
Sec. 5-5.4i. 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 persons, 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) 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 persons, 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 (bb) of Section 5-45 of the
Illinois Administrative Procedure Act, to implement the
provisions of this Section.

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(c) Within 30 days after the effective date of this
amendatory Act of the 101st General Assembly, 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 (ii) 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) Subject to federal approval, within 30 days after the
effective date of this amendatory Act of the 101st General
Assembly, the Department shall increase by 20% rates and
reimbursements in effect on June 30, 2020 for community-based
providers of services for persons with developmental
disabilities. The Department shall adopt rules, including
emergency rules in accordance with the Illinois Administrative
Procedure Act, to implement the provisions of this subsection.
(1) Community-based providers shall use at least 75% of
the amount of the increase described in subsection (d) to
increase the wages and benefits paid to staff employed by
the community-based providers.
(2) The Department shall ensure wage rate components
are at least 145% of the statewide, regional, or local
minimum wage rate, whichever is higher, as determined by
the Department.
(3) Community-based providers shall certify compliance

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with paragraph (1) in a form and manner prescribed by the
Department of Human Services.
(e) Subject to federal approval, 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, the rates taking effect for services delivered on
and after August 1, 2020 shall be increased by 20% over the
rates in effect on June 30, 2020. The Department shall adopt
rules, including emergency rules in accordance with the
Illinois Administrative Procedure Act, to implement the
provisions of this subsection.
(1) ID/DD facilities and MC/DD facilities shall use at
least 75% of the amount of the increase described in
subsection (e) to increase the wages and benefits paid to
staff employed by the facilities.
(2) The Department shall ensure wage rate components
are at least 145% of the applicable statewide, City of
Chicago, or Cook County minimum wage rate, whichever is
higher, as determined by the Department.
(3) ID/DD facilities and MC/DD facilities shall
certify compliance with paragraph (1) in a form and manner
prescribed by the Department of Human Services.
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
101-10, eff. 6-5-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.