SB3873sam001 101ST GENERAL ASSEMBLY

Sen. Ram Villivalam

Filed: 5/27/2020

10100SB3873sam001 LRB101 20750 RLC 71507 a

AMENDMENT TO SENATE BILL 3873

AMENDMENT NO. ______. Amend Senate Bill 3873 by replacing everything after the enacting clause with the following:

"Section 5. The Mental Health and Developmental 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 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) Rates and reimbursements. Within 30 days after the effective date of this amendatory Act of the 100th General Assembly, 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.

(c) Rates and reimbursements. 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 (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) To eliminate wage discrepancies and further stabilize the workforce, the Department shall require each community-based provider to show that it has made wage and benefit enhancements associated with rate increases from home and community-based services programs for individuals with developmental disabilities beginning in fiscal year 2021. A provider must verify its compliance by submitting an expenditure report to the Department. The Department may designate another party to audit a provider should the report be absent, incomplete, or give reasonable suspicion of fraud. The Department may provide a compliance action plan outlining fund reallocation should the audit contain evidence the provider has not complied. Failure to abide by the action plan may result in Department sanctions, such as suspension of intake or termination of a contract. "Front-line personnel" includes 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 implementing the requirements of this subsection (d).

(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; 101-10, eff. 6-5-19.)".