Full Text of SB3873 101st General Assembly
SB3873sam001 101ST GENERAL ASSEMBLY | Sen. Ram Villivalam Filed: 5/27/2020
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| 1 | | AMENDMENT TO SENATE BILL 3873
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3873 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Mental Health and Developmental | 5 | | Disabilities Administrative Act is amended by changing Section | 6 | | 74 as follows: | 7 | | (20 ILCS 1705/74) | 8 | | Sec. 74. Rates and reimbursements. | 9 | | (a) Within 30 days after July 6, 2017 (the effective date | 10 | | of Public Act 100-23), the Department shall increase rates and | 11 | | reimbursements to fund a minimum of a $0.75 per hour wage | 12 | | increase for front-line personnel, including, but not limited | 13 | | to, direct support persons, aides, front-line supervisors, | 14 | | qualified intellectual disabilities professionals, nurses, and | 15 | | non-administrative support staff working in community-based | 16 | | provider organizations serving individuals with developmental |
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| 1 | | disabilities. The Department shall adopt rules, including | 2 | | emergency rules under subsection (y) of Section 5-45 of the | 3 | | Illinois Administrative Procedure Act, to implement the | 4 | | provisions of this Section. | 5 | | (b) Rates and reimbursements. Within 30 days after the | 6 | | effective date of this amendatory Act of the 100th General | 7 | | Assembly, the Department shall increase rates and | 8 | | reimbursements to fund a minimum of a $0.50 per hour wage | 9 | | increase for front-line personnel, including, but not limited | 10 | | to, direct support persons, aides, front-line supervisors, | 11 | | qualified intellectual disabilities professionals, nurses, and | 12 | | non-administrative support staff working in community-based | 13 | | provider organizations serving individuals with developmental | 14 | | disabilities. The Department shall adopt rules, including | 15 | | emergency rules under subsection (bb) of Section 5-45 of the | 16 | | Illinois Administrative Procedure Act, to implement the | 17 | | provisions of this Section. | 18 | | (c) Rates and reimbursements. Within 30 days after the | 19 | | effective date of this amendatory Act of the 101st General | 20 | | Assembly, subject to federal approval, the Department shall | 21 | | increase rates and reimbursements in effect on June 30, 2019 | 22 | | for community-based providers for persons with Developmental | 23 | | Disabilities by 3.5% The Department shall adopt rules, | 24 | | including emergency rules under subsection (jj) of Section 5-45 | 25 | | of the Illinois Administrative Procedure Act, to implement the | 26 | | provisions of this Section, including wage increases for direct |
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| 1 | | care staff.
| 2 | | (d) To eliminate wage discrepancies and further stabilize | 3 | | the workforce, the Department shall require each | 4 | | community-based provider to show that it has made wage and | 5 | | benefit enhancements associated with rate increases from home | 6 | | and community-based services programs for individuals with | 7 | | developmental disabilities beginning in fiscal year 2021. A | 8 | | provider must verify its compliance by submitting an | 9 | | expenditure report to the Department. The Department may | 10 | | designate another party to audit a provider should the report | 11 | | be absent, incomplete, or give reasonable suspicion of fraud. | 12 | | The Department may provide a compliance action plan outlining | 13 | | fund reallocation should the audit contain evidence the | 14 | | provider has not complied. Failure to abide by the action plan | 15 | | may result in Department sanctions, such as suspension of | 16 | | intake or termination of a contract. "Front-line personnel" | 17 | | includes direct support persons, aides, front-line | 18 | | supervisors, qualified intellectual disabilities | 19 | | professionals, nurses, and non-administrative support staff | 20 | | working in community-based provider organizations serving | 21 | | individuals with developmental disabilities. The Department | 22 | | shall adopt rules implementing the requirements of this | 23 | | subsection (d). | 24 | | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | 25 | | 101-10, eff. 6-5-19.)".
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