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90_HB0368eng
405 ILCS 30/4 from Ch. 91 1/2, par. 904
Amends the Community Services Act. Provides that the
annual appropriation to the Department of Human Services to
fund community services shall include a percentage increase
for the wages of direct care workers that is equivalent to
the percentage cost of living increases granted for the same
year to mental health technicians in mental health centers
operated by the Department. Provides that the increases in
wages that are based on cost of living increases granted to
mental health technicians and provided to direct care workers
in community settings shall be applied to appropriations to
the Department beginning July 1, 1997 for the State fiscal
year 1998 and shall continue each year thereafter. Effective
immediately.
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1 AN ACT in relation to public services.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Community Services Act is amended by
5 changing Section 4 as follows:
6 (405 ILCS 30/4) (from Ch. 91 1/2, par. 904)
7 (Text of Section before amendment by P.A. 89-507)
8 Sec. 4. Financing for Community Services. The Department
9 of Mental Health and Developmental Disabilities and the
10 Illinois Department of Alcoholism and Substance Abuse in
11 their respective areas of jurisdiction are authorized to
12 provide financial assistance to eligible private service
13 providers, corporations, local government entities or
14 voluntary associations for the provision of services to
15 persons with mental illness, persons with a developmental
16 disability and alcohol and drug dependent persons living in
17 the community for the purpose of achieving the goals of this
18 Act.
19 The Department and the Illinois Department of Alcoholism
20 and Substance Abuse shall utilize the following funding
21 mechanisms for community services:
22 (1) Purchase of Care Contracts: services purchased
23 on a predetermined fee per unit of service basis from
24 private providers or governmental entities. Fee per
25 service rates are set by an established formula which
26 covers some portion of personnel, supplies, and other
27 allowable costs, and which makes some allowance for
28 geographic variations in costs as well as for additional
29 program components.
30 (2) Grants: sums of money which the Department or
31 the Illinois Department of Alcoholism and Substance Abuse
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1 grants to private providers or governmental entities
2 pursuant to the grant recipient's agreement to provide
3 certain services, as defined by Departmental or the
4 Illinois Department of Alcoholism and Substance Abuse
5 grant guidelines, to an approximate number of service
6 recipients. Grant levels are set through consideration of
7 personnel, supply and other allowable costs, as well as
8 other funds available to the program.
9 (3) Other Funding Arrangements: funding mechanisms
10 may be established on a pilot basis in order to examine
11 the feasibility of alternative financing arrangements for
12 the provision of community services.
13 The annual appropriation to the Department of Human
14 Services (formerly the Department of Mental Health and
15 Developmental Disabilities) to fund community services for
16 the developmentally disabled and mentally ill shall include a
17 percentage increase for the wages of direct care workers that
18 is equivalent to the Employment Cost Index for Health Service
19 Occupations. The increases for direct care workers shall be
20 in addition to any increases that are attributable to other
21 factors, including general cost of living increases for
22 community services. The increases in wages that are based on
23 the Employment Cost Index for direct care workers in
24 community settings shall be applied to appropriations to the
25 Department beginning July 1, 1997 for the State fiscal year
26 1998 and shall continue each year thereafter.
27 The Department shall receive certification from the
28 provider agency that any increase appropriated pursuant to
29 this amendatory Act of 1997 shall be utilized in its entirety
30 to provide wage increases to direct care workers.
31 The Department and the Illinois Department of Alcoholism
32 and Substance Abuse shall strive to establish and maintain an
33 equitable system of payment which encourages providers to
34 improve their clients' capabilities for independence and
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1 reduces their reliance on community or State-operated
2 services. In accepting Department or the Illinois Department
3 of Alcoholism and Substance Abuse funds, providers shall
4 recognize their responsibility to be accountable to the
5 Department or the Illinois Department of Alcoholism and
6 Substance Abuse and the State for the delivery of services
7 which are consistent with the philosophies and goals of this
8 Act and the rules and regulations promulgated under it.
9 (Source: P.A. 88-380.)
10 (Text of Section after amendment by P.A. 89-507)
11 Sec. 4. Financing for Community Services. The Department
12 of Human Services is authorized to provide financial
13 assistance to eligible private service providers,
14 corporations, local government entities or voluntary
15 associations for the provision of services to persons with
16 mental illness, persons with a developmental disability and
17 alcohol and drug dependent persons living in the community
18 for the purpose of achieving the goals of this Act.
19 The Department shall utilize the following funding
20 mechanisms for community services:
21 (1) Purchase of Care Contracts: services purchased
22 on a predetermined fee per unit of service basis from
23 private providers or governmental entities. Fee per
24 service rates are set by an established formula which
25 covers some portion of personnel, supplies, and other
26 allowable costs, and which makes some allowance for
27 geographic variations in costs as well as for additional
28 program components.
29 (2) Grants: sums of money which the Department
30 grants to private providers or governmental entities
31 pursuant to the grant recipient's agreement to provide
32 certain services, as defined by departmental grant
33 guidelines, to an approximate number of service
34 recipients. Grant levels are set through consideration of
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1 personnel, supply and other allowable costs, as well as
2 other funds available to the program.
3 (3) Other Funding Arrangements: funding mechanisms
4 may be established on a pilot basis in order to examine
5 the feasibility of alternative financing arrangements for
6 the provision of community services.
7 The annual appropriation to the Department of Human
8 Services (formerly the Department of Mental Health and
9 Developmental Disabilities) to fund community services for
10 the developmentally disabled and mentally ill shall include a
11 percentage increase for the wages of direct care workers that
12 is equivalent to the Employment Cost Index for Health Service
13 Occupations. The increases for direct care workers shall be
14 in addition to any increases that are attributable to other
15 factors, including general cost of living increases for
16 community services. The increases in wages that are based on
17 the Employment Cost Index for direct care workers in
18 community settings shall be applied to appropriations to the
19 Department beginning July 1, 1997 for the State fiscal year
20 1998 and shall continue each year thereafter.
21 The Department shall receive certification from the
22 provider agency that any increase appropriated pursuant to
23 this amendatory Act of 1997 shall be utilized in its entirety
24 to provide wage increases to direct care workers.
25 The Department shall strive to establish and maintain an
26 equitable system of payment which encourages providers to
27 improve their clients' capabilities for independence and
28 reduces their reliance on community or State-operated
29 services. In accepting Department funds, providers shall
30 recognize their responsibility to be accountable to the
31 Department and the State for the delivery of services which
32 are consistent with the philosophies and goals of this Act
33 and the rules and regulations promulgated under it.
34 (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
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1 Section 95. No acceleration or delay. Where this Act
2 makes changes in a statute that is represented in this Act by
3 text that is not yet or no longer in effect (for example, a
4 Section represented by multiple versions), the use of that
5 text does not accelerate or delay the taking effect of (i)
6 the changes made by this Act or (ii) provisions derived from
7 any other Public Act.
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.
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