101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5316

 

Introduced , by Rep. Natalie A. Manley

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/45-35
305 ILCS 5/5-5.4i
305 ILCS 5/5-35
305 ILCS 5/5-36.1 new

    Amends the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to increase rates and reimbursements in effect on June 30, 2020 payable to Illinois not-for-profit community-based agencies in order to increase access utilization of individual and group supported employment, increase acuity-based rate differentials in on-site and off-site community day services, and other matters. Provides that beginning January 1, 2020, for a medical assistance recipient who is a resident in a facility licensed under the Community-Integrated Living Arrangements (CILA) Licensure and Certification Act, the State shall pay an amount in addition to the minimum monthly personal needs allowance authorized under the Social Security Act so that the person's total monthly personal needs allowance from both State and federal sources equals $90. Provides that beginning no later than October 1, 2020, residents of CILA facilities who are eligible for medical assistance and are enrolled in the State's home and community-based services waiver program for adults with developmental disabilities shall retain all earned income from employment or community day services activities. Amends the Illinois Procurement Code. In a provision requiring the State Use Committee to review the pricing of supplies and services procured by the State from a qualified not-for-profit agency for persons with significant disabilities, provides that the Committee may consider during its review certain factors including, but not limited to, amounts private businesses would pay for similar products or services. Effective immediately.


LRB101 18720 KTG 68175 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5316LRB101 18720 KTG 68175 b

1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Procurement Code is amended by
5changing Section 45-35 as follows:
 
6    (30 ILCS 500/45-35)
7    Sec. 45-35. Not-for-profit agencies for persons with
8significant disabilities. The purpose of this Section is to
9further the State's Employment First policy via the Illinois
10Employment First Act by maximizing its investment in job
11opportunities that afford individuals with disabilities
12competitive wages and allow those individuals to achieve
13maximum independence through employment.
14    (a) Qualification. Supplies and services shall may be
15procured without advertising or calling for bids from any
16qualified not-for-profit agency for persons with significant
17disabilities that:
18        (1) complies with Illinois laws governing private
19    not-for-profit organizations;
20        (2) is certified as a work center by the Wage and Hour
21    Division of the United States Department of Labor or is an
22    accredited vocational program that provides transition
23    services to youth between the ages of 14 1/2 and 22 in

 

 

HB5316- 2 -LRB101 18720 KTG 68175 b

1    accordance with individualized education plans under
2    Section 14-8.03 of the School Code and that provides
3    residential services at a child care institution, as
4    defined under Section 2.06 of the Child Care Act of 1969,
5    or at a group home, as defined under Section 2.16 of the
6    Child Care Act of 1969; and
7        (3) is accredited by a nationally-recognized
8    accrediting organization or certified as a developmental
9    training provider by the Department of Human Services; and
10    .
11        (4) pays at least minimum wage or better.
12    (b) Participation. To participate, the not-for-profit
13agency must have indicated an interest in providing the
14supplies and services, must meet the specifications and needs
15of the using agency, and must set a fair and reasonable price.
16    (c) Committee. There is created within the Department of
17Central Management Services a committee to facilitate the
18purchase of products and services from not-for-profit agencies
19that provide employment opportunities to persons with physical
20disabilities, intellectual or developmental disabilities,
21mental illnesses, or any combination thereof of persons with a
22significant physical, developmental, or mental disability or a
23combination of any of those disabilities who cannot engage in
24normal competitive employment due to the significant
25disability or combination of those disabilities. This
26committee is called the State Use Committee. The State Use

 

 

HB5316- 3 -LRB101 18720 KTG 68175 b

1Committee shall consist of the Director of the Department of
2Central Management Services or his or her designee, the
3Secretary Director of the Department of Human Services or his
4or her designee, the Director of Commerce and Economic
5Opportunity or his or her designee, one public member
6representing private business who is knowledgeable of the
7employment needs and concerns of persons with developmental
8disabilities, one public member representing private business
9who is knowledgeable of the needs and concerns of
10rehabilitation facilities, one public member who is
11knowledgeable of the employment needs and concerns of persons
12with developmental disabilities, one public member who is
13knowledgeable of the needs and concerns of rehabilitation
14facilities, 2 members who have a disability, and 2 public
15members from a statewide association that represents
16community-based rehabilitation facilities serving or
17supporting individuals with intellectual or developmental
18disabilities, all appointed by the Governor. The public members
19shall serve 2 year terms, commencing upon appointment and every
202 years thereafter. A public member may be reappointed, and
21vacancies shall be filled by appointment for the completion of
22the term. In the event there is a vacancy on the State Use
23Committee, the Governor must make an appointment to fill that
24vacancy within 30 calendar days after the notice of vacancy.
25The members shall serve without compensation but shall be
26reimbursed for expenses at a rate equal to that of State

 

 

HB5316- 4 -LRB101 18720 KTG 68175 b

1employees on a per diem basis by the Department of Central
2Management Services. All members shall be entitled to vote on
3issues before the State Use Committee.
4    The State Use Committee shall have the following powers and
5duties:
6        (1) To request from any State agency information as to
7    product specification and service requirements in order to
8    carry out its purpose.
9        (2) To meet quarterly or more often as necessary to
10    carry out its purposes.
11        (3) To request a quarterly report from each
12    participating qualified not-for-profit agency for persons
13    with significant disabilities describing the volume of
14    sales for each product or service sold under this Section.
15        (4) To prepare a report for the Governor and General
16    Assembly no later than December 31 of each year. The
17    requirement for reporting to the General Assembly shall be
18    satisfied by following the procedures set forth in Section
19    3.1 of the General Assembly Organization Act.
20        (5) To prepare a publication that lists all supplies
21    and services currently available from any qualified
22    not-for-profit agency for persons with significant
23    disabilities. This list and any revisions shall be
24    distributed to all purchasing agencies.
25        (6) To encourage diversity in supplies and services
26    provided by qualified not-for-profit agencies for persons

 

 

HB5316- 5 -LRB101 18720 KTG 68175 b

1    with significant disabilities and discourage unnecessary
2    duplication or competition among not-for-profit agencies.
3        (7) To develop guidelines to be followed by qualifying
4    agencies for participation under the provisions of this
5    Section. Guidelines shall include a list of national
6    accrediting organizations which satisfy the requirements
7    of item (3) of subsection (a) of this Section. The
8    guidelines shall be developed within 6 months after the
9    effective date of this Code and made available on a
10    nondiscriminatory basis to all qualifying agencies. The
11    new guidelines required under this item (7) by Public Act
12    100-203 this amendatory Act of the 100th General Assembly
13    shall be developed within 6 months after August 18, 2017
14    (the effective date of Public Act 100-203) this amendatory
15    Act of the 100th General Assembly and made available on a
16    non-discriminatory basis to all qualifying not-for-profit
17    agencies.
18        (8) To review all pricing submitted under the
19    provisions of this Section and may approve a proposed
20    agreement for supplies or services where the price
21    submitted is fair and reasonable. Review of pricing under
22    this paragraph may include, but is not limited to:
23            (A) Amounts private businesses would pay for
24        similar products or services.
25            (B) Amounts the federal government would pay
26        contractors for similar products or services.

 

 

HB5316- 6 -LRB101 18720 KTG 68175 b

1            (C) The amount paid by the State for similar
2        products or services.
3            (D) The actual cost of manufacturing the product or
4        performing a service at a community rehabilitation
5        program offering employment services on or off
6        premises to persons with disabilities or mental
7        illnesses, with adequate consideration given to legal
8        and moral imperatives to pay workers with disabilities
9        equitable wages.
10            (E) The usual, customary, and reasonable costs of
11        manufacturing, marketing, and distribution.
12        (9) To, not less than every 3 years, adopt a strategic
13    plan for increasing the number of products and services
14    purchased from qualified not-for-profit agencies for
15    persons with significant disabilities or mental illnesses,
16    including the feasibility of developing mandatory
17    set-aside contracts.
18    (c-5) Conditions for Use. Each chief procurement officer
19shall, in consultation with the State Use Committee, determine
20which articles, materials, services, food stuffs, and supplies
21that are produced, manufactured, or provided by persons with
22significant disabilities in qualified not-for-profit agencies
23shall be given preference by purchasing agencies procuring
24those items.
25    (d) (Blank).
26    (e) Subcontracts. Subcontracts shall be permitted for

 

 

HB5316- 7 -LRB101 18720 KTG 68175 b

1agreements authorized under this Section. For the purposes of
2this subsection (e), "subcontract" means any acquisition from
3another source of supplies, not including raw materials, or
4services required by a qualified not-for-profit agency to
5provide the supplies or services that are the subject of the
6contract between the State and the qualified not-for-profit
7agency.
8    The State Use Committee shall develop guidelines to be
9followed by qualified not-for-profit agencies when seeking and
10establishing subcontracts with other persons or not-for-profit
11agencies in order to fulfill State contract requirements. These
12guidelines shall include the following:
13        (i) The State Use Committee must approve all
14    subcontracts and substantive amendments to subcontracts
15    prior to execution or amendment of the subcontract.
16        (ii) A qualified not-for-profit agency shall not enter
17    into a subcontract, or any combination of subcontracts, to
18    fulfill an entire requirement, contract, or order without
19    written State Use Committee approval.
20        (iii) A qualified not-for-profit agency shall make
21    reasonable efforts to utilize subcontracts with other
22    not-for-profit agencies for persons with significant
23    disabilities.
24        (iv) For any subcontract not currently performed by a
25    qualified not-for-profit agency, the primary qualified
26    not-for-profit agency must provide to the State Use

 

 

HB5316- 8 -LRB101 18720 KTG 68175 b

1    Committee the following: (A) a written explanation as to
2    why the subcontract is not performed by a qualified
3    not-for-profit agency, and (B) a written plan to transfer
4    the subcontract to a qualified not-for-profit agency, as
5    reasonable.
6(Source: P.A. 100-203, eff. 8-18-17; revised 7-18-19.)
 
7    Section 10. The Illinois Public Aid Code is amended by
8changing Sections 5-5.4i and 5-35 and by adding Section 5-36.1
9as follows:
 
10    (305 ILCS 5/5-5.4i)
11    Sec. 5-5.4i. Rates and reimbursements.
12    (a) Within 30 days after July 6, 2017 (the effective date
13of Public Act 100-23), the Department shall increase rates and
14reimbursements to fund a minimum of a $0.75 per hour wage
15increase for front-line personnel, including, but not limited
16to, direct support persons, aides, front-line supervisors,
17qualified intellectual disabilities professionals, nurses, and
18non-administrative support staff working in community-based
19provider organizations serving individuals with developmental
20disabilities. The Department shall adopt rules, including
21emergency rules under subsection (y) of Section 5-45 of the
22Illinois Administrative Procedure Act, to implement the
23provisions of this Section.
24    (b) Within 30 days after June 4, 2018 (the effective date

 

 

HB5316- 9 -LRB101 18720 KTG 68175 b

1of Public Act 100-587), the Department shall increase rates and
2reimbursements to fund a minimum of a $0.50 per hour wage
3increase for front-line personnel, including, but not limited
4to, direct support persons, aides, front-line supervisors,
5qualified intellectual disabilities professionals, nurses, and
6non-administrative support staff working in community-based
7provider organizations serving individuals with developmental
8disabilities. The Department shall adopt rules, including
9emergency rules under subsection (bb) of Section 5-45 of the
10Illinois Administrative Procedure Act, to implement the
11provisions of this Section.
12    (c) Within 30 days after the effective date of this
13amendatory Act of the 101st General Assembly, subject to
14federal approval, the Department shall increase rates and
15reimbursements in effect on June 30, 2019 for community-based
16providers for persons with Developmental Disabilities by 3.5%.
17The Department shall adopt rules, including emergency rules
18under subsection (ii) of Section 5-45 of the Illinois
19Administrative Procedure Act, to implement the provisions of
20this Section, including wage increases for direct care staff.
21    (d) Subject to federal approval, within 30 days after the
22effective date of this amendatory Act of the 101st General
23Assembly the Department of Healthcare and Family Services, in
24consultation with the Department of Human Services, shall
25increase rates and reimbursements in effect on June 30, 2020
26payable to Illinois not-for-profit community-based agencies,

 

 

HB5316- 10 -LRB101 18720 KTG 68175 b

1in a form and manner determined by the Department of Healthcare
2and Family Services, in order to effectuate the following:
3        (1) increase access utilization of individual and
4    group supported employment;
5        (2) increase acuity-based rate differentials in
6    on-site and off-site community day services;
7        (3) increase access and utilization of customized
8    employment services and supports; and
9        (4) increase utilization of competitive integrated
10    employment services and supports.
11(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
12101-10, eff. 6-5-19.)
 
13    (305 ILCS 5/5-35)
14    Sec. 5-35. Personal needs allowance.
15    (a) For a person who is a resident in a facility licensed
16under the ID/DD Community Care Act, the Community-Integrated
17Living Arrangements Licensure and Certification Act, the
18Specialized Mental Health Rehabilitation Act of 2013, or the
19MC/DD Act for whom payments are made under this Article
20throughout a month and who is determined to be eligible for
21medical assistance under this Article, the State shall pay an
22amount in addition to the minimum monthly personal needs
23allowance authorized under Section 1902(q) of Title XIX of the
24Social Security Act (42 U.S.C. 1396(q)) so that the person's
25total monthly personal needs allowance from both State and

 

 

HB5316- 11 -LRB101 18720 KTG 68175 b

1federal sources equals $60.
2    (b) Beginning January 1, 2020, for a person who is a
3resident in a facility licensed under the Community-Integrated
4Living Arrangements Licensure and Certification Act for whom
5payments are made under this Article throughout a month and who
6is determined to be eligible for medical assistance under this
7Article, the State shall pay an amount in addition to the
8minimum monthly personal needs allowance authorized under
9Section 1902(q) of Title XIX of the Social Security Act so that
10the person's total monthly personal needs allowance from both
11State and federal sources equals $90.
12    (c) Beginning January 1, 2021, the personal needs allowance
13described in subsection (b) shall increase annually at the same
14rate as the Social Security cost-of-living adjustment to take
15effect on January 1 of each year.
16(Source: P.A. 100-23, eff. 7-6-17.)
 
17    (305 ILCS 5/5-36.1 new)
18    Sec. 5-36.1. Earned income for residents of
19community-integrated living arrangements.
20    (a) Beginning no later than October 1, 2020, residents of
21facilities licensed under the Community-Integrated Living
22Arrangements Licensure and Certification Act who are
23determined to be eligible for medical assistance under this
24Code and who are enrolled in the State's home and
25community-based services waiver program for adults with

 

 

HB5316- 12 -LRB101 18720 KTG 68175 b

1developmental disabilities shall retain all earned income from
2employment or community day services activities.
3    (b) No portion of earned income shall be applied toward the
4facilities rate reimbursement methodology. The Department of
5Human Services shall ensure the rates of payments paid to
6facilities under the Code are held harmless.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.