Illinois General Assembly - Full Text of HB3696
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Full Text of HB3696  100th General Assembly

HB3696 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3696

 

Introduced 2/10/2017, by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 1705/55.5 new
305 ILCS 5/5-5.4i new

    Amends the Mental Health and Developmental Disabilities Administrative Act. Requires the Department of Human Services to establish reimbursement rates that build toward livable wages for front-line personnel in residential and day programs and service coordination agencies that serve persons with intellectual and developmental disabilities, including, but not limited to, intermediate care facilities for persons with developmental disabilities, community-integrated living arrangements, developmental training and employment programs, and other residential and day programs for persons with intellectual and developmental disabilities that are supported by State funds or funding under Title XIX of the Social Security Act. Requires the Department to increase rates and reimbursements so that direct support persons earn a base wage of not less than $15 per hour and so that other front-line personnel earn a commensurate wage. Defines "front-line personnel". Amends the Illinois Public Aid Code. Provides that for all facilities licensed by the Department of Public Health under the ID/DD Community Care Act as intermediate care facilities for persons with developmental disabilities and under the MC/DD Act as medically complex for the developmentally disabled facilities, the payment rate shall be increased to fund rates and reimbursements so that direct support persons earn a base wage of not less than $15 per hour and so that other front-line personnel earn a commensurate wage.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning State government.
 
2    WHEREAS, An estimated 27,000 children and adults with
3intellectual and developmental disabilities are supported in
4community-based settings in Illinois; direct support persons
5(DSPs) are trained paraprofessional staff that are engaged in
6activities of daily living and community support; these
7employees earn wages that place them and their families below
8the poverty level; and
 
9    WHEREAS, According to the most recent Illinois industry
10surveys, the average DSP wage in Illinois is $9.35 per hour,
11which is 26% below the U.S. Department of Health and Human
12Services' poverty threshold of $11.83 for a family of 4, and
13one out of every 4 DSP jobs in provider agencies are going
14unfilled, with 34% of DSPs working in residential programs
15having been with the service provider for less than a year; low
16wages often compel DSPs to work many overtime hours or hold
17down a second job to support their families; research by the
18American Network of Community Options and Resources, inclusive
19of Illinois, reveals 56% of DSPs rely on public assistance to
20make ends meet, creating additional expenditures for State
21government; low wages are a consequence of the historically low
22reimbursement rates paid by the State of Illinois to
23community-based service providers; over the last 9 fiscal
24years, there has been no increase in State funding to these
25agencies; by contrast, the Consumer Price Index increased 16%

 

 

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1over the same period; and
 
2    WHEREAS, The lack of adequate wages for employees who
3perform the challenging work of supporting persons with
4intellectual and developmental disabilities results in high
5employee turnover, which in turn negatively impacts the quality
6of services provided, as described in a recent Chicago Tribune
7series; higher wages are proven to reduce staff turnover,
8improving stability and quality of services while reducing
9employer training costs; and
 
10    WHEREAS, Rising wages in several other sectors now mean,
11despite strenuous efforts to recruit new workers, agencies are
12experiencing staff vacancy rates of up to 25%; excessive
13vacancies force employers to rely more on overtime, leading to
14staff burnout and driving up costs; for the second year in a
15row a federal court monitor documented how this growing hiring
16crisis impedes the ability of community disability agencies to
17expand and accommodate persons newly approved for services as
18part of the Ligas Consent Decree; and
 
19    WHEREAS, The General Assembly finds that in order to reduce
20turnover, increase retention, fill vacancies, and ensure DSPs
21are adequately compensated for the critically important work
22they do, an increase in rates and reimbursements to
23community-based service providers to effectuate an increase in

 

 

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1the hourly wage paid to DSPs is needed; and
 
2    WHEREAS, It is the purpose of this Act to increase the
3wages of DSPs in community disability agencies beyond the
4poverty level and to a level competitive with rival employers,
5in an effort to improve the lives of DSPs and the lives of the
6vulnerable persons they support; therefore
 
7    Be it enacted by the People of the State of Illinois,
8represented in the General Assembly:
 
9    Section 5. The Mental Health and Developmental
10Disabilities Administrative Act is amended by adding Section
1155.5 as follows:
 
12    (20 ILCS 1705/55.5 new)
13    Sec. 55.5. Increased wages for front-line personnel. The
14Department shall establish reimbursement rates that build
15toward livable wages for front-line personnel in residential
16and day programs and service coordination agencies that serve
17persons with intellectual and developmental disabilities,
18including, but not limited to, intermediate care facilities for
19persons with developmental disabilities, community-integrated
20living arrangements, developmental training and employment
21programs, and other residential and day programs for persons
22with intellectual and developmental disabilities that are

 

 

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1supported by State funds or funding under Title XIX of the
2Social Security Act. The Department shall increase rates and
3reimbursements so that direct support persons earn a base wage
4of not less than $15 per hour and so that other front-line
5personnel earn a commensurate wage.
6    As used in this Section, "front-line personnel" means
7direct support persons, aides, front-line supervisors,
8qualified intellectual disabilities professionals, nurses, and
9non-administrative support staff working in service settings
10outlined in this Section.
 
11    Section 10. The Illinois Public Aid Code is amended by
12adding Section 5-5.4i as follows:
 
13    (305 ILCS 5/5-5.4i new)
14    Sec. 5-5.4i. Increased wages for front-line personnel. For
15all facilities licensed by the Department of Public Health
16under the ID/DD Community Care Act as intermediate care
17facilities for persons with developmental disabilities and
18under the MC/DD Act as medically complex for the
19developmentally disabled facilities, the payment rate shall be
20increased to fund rates and reimbursements so that direct
21support persons earn a base wage of not less than $15 per hour
22and so that other front-line personnel earn a commensurate
23wage.
24    As used in this Section, "front-line personnel" means

 

 

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1direct support persons, aides, front-line supervisors,
2qualified intellectual disabilities professionals, nurses, and
3non-administrative support staff working in service settings
4outlined in this Section.