Full Text of HB0810 103rd General Assembly
HB0810ham001 103RD GENERAL ASSEMBLY | Rep. Terra Costa Howard Filed: 3/22/2023
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| 1 | | AMENDMENT TO HOUSE BILL 810
| 2 | | AMENDMENT NO. ______. Amend House Bill 810 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Children and Family Services Act is | 5 | | amended by changing Sections 5a, 5b, and 5c as follows:
| 6 | | (20 ILCS 505/5a) (from Ch. 23, par. 5005a)
| 7 | | (Text of Section before amendment by P.A. 102-926 )
| 8 | | Sec. 5a.
Reimbursable services for which the Department of | 9 | | Children and
Family Services shall pay 100% of the reasonable | 10 | | cost pursuant to a written
contract negotiated between the | 11 | | Department and the agency furnishing the
services (which shall | 12 | | include but not be limited to the determination of
reasonable | 13 | | cost, the services being purchased and the duration of the
| 14 | | agreement) include, but are not limited to:
| 15 | | SERVICE ACTIVITIES
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| 1 | | Adjunctive Therapy;
| 2 | | Child Care Service, including day care;
| 3 | | Clinical Therapy;
| 4 | | Custodial Service;
| 5 | | Field Work Students;
| 6 | | Food Service;
| 7 | | Normal Education;
| 8 | | In-Service Training;
| 9 | | Intake or Evaluation, or both;
| 10 | | Medical Services;
| 11 | | Pass-through payments to foster parents;
| 12 | | Recreation;
| 13 | | Social Work or Counselling, or both;
| 14 | | Supportive Staff;
| 15 | | Volunteers.
| 16 | | OBJECT EXPENSES
| 17 | | Professional Fees and Contract Service Payments;
| 18 | | Supplies;
| 19 | | Technology infrastructure, including computers,
| 20 | | equipment, software, and security services;
| 21 | | Records, including electronic medical records;
| 22 | | Telephone and Telegram ;
| 23 | | Occupancy;
| 24 | | Local Transportation;
| 25 | | Equipment and Other Fixed Assets, including amortization
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| 1 | | of same;
| 2 | | Miscellaneous.
| 3 | | ADMINISTRATIVE COSTS
| 4 | | Program Administration;
| 5 | | Supervision and Consultation;
| 6 | | Inspection and Monitoring for purposes of issuing
| 7 | | licenses;
| 8 | | Determination of Children who are eligible
| 9 | | for federal or other reimbursement;
| 10 | | Postage and Shipping;
| 11 | | Outside Printing, Artwork, etc.;
| 12 | | Subscriptions and Reference Publications;
| 13 | | Management and General Expense.
| 14 | | The Department shall not establish or enforce any rule, | 15 | | procedure, or contract term that reduces, limits, or restricts | 16 | | reimbursement to less than 100% of the reasonable cost for any | 17 | | object expenses, service activities, or administrative costs | 18 | | described in this Section. | 19 | | To ensure provider agencies have access to cash reserves | 20 | | for operations in the face of rising costs and increased | 21 | | expenses, provider agencies shall be allowed to retain all | 22 | | moneys received in excess of actual reimbursable costs so long | 23 | | as the provider agency invests the excess revenue in, and uses | 24 | | the excess revenue for any of the following: (i) direct | 25 | | service, (ii) object expenses, (iii) service activities, (iv) |
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| 1 | | administrative costs, or (v) increasing positive cash flow, up | 2 | | to 3-months cash on hand, to ensure available funds for | 3 | | operations during the current and next fiscal year. The use of | 4 | | excess revenue shall be subject to review and audit consistent | 5 | | with the Department's certified audits, cost reports, and desk | 6 | | review procedures in the usual course. Reimbursement of | 7 | | administrative costs other than inspection and monitoring
for | 8 | | purposes of issuing licenses may not exceed 20% of the costs
| 9 | | for other services.
| 10 | | The Department may offer services to any child or family | 11 | | with respect to whom a report of suspected child abuse or | 12 | | neglect has been called in to the hotline after completion of a | 13 | | family assessment as provided under subsection (a-5) of | 14 | | Section 7.4 of the Abused and Neglected Child Reporting Act | 15 | | and the Department has determined that services are needed to | 16 | | address the safety of the child and other family members and | 17 | | the risk of subsequent maltreatment. Acceptance of such | 18 | | services shall be voluntary. | 19 | | All Object Expenses, Service Activities and Administrative
| 20 | | Costs are allowable.
| 21 | | If a survey instrument is used in the rate setting | 22 | | process:
| 23 | | (a) with respect to any day care centers, it shall be | 24 | | limited to those
agencies which receive reimbursement from | 25 | | the State;
| 26 | | (b) the cost survey instrument shall be promulgated by |
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| 1 | | rule;
| 2 | | (c) any requirements of the respondents shall be | 3 | | promulgated by rule;
| 4 | | (d) all screens, limits or other tests of | 5 | | reasonableness, allowability
and reimbursability shall be | 6 | | promulgated by rule;
| 7 | | (e) adjustments may be made by the Department to rates | 8 | | when it determines
that reported wage and salary levels | 9 | | are insufficient to attract capable
caregivers in | 10 | | sufficient numbers.
| 11 | | The Department of Children and Family Services may pay | 12 | | 100% of the
reasonable costs of research and valuation
focused | 13 | | exclusively on services to youth in care. Such research | 14 | | projects must be approved, in advance, by
the Director of the | 15 | | Department.
| 16 | | In addition to reimbursements otherwise provided for in | 17 | | this Section,
the Department of Human Services shall, in | 18 | | accordance with annual written
agreements, make
advance | 19 | | quarterly disbursements to local public agencies for child day | 20 | | care
services with funds appropriated from the Local Effort | 21 | | Day Care Fund.
| 22 | | Neither the Department of Children and Family Services nor | 23 | | the
Department of Human Services shall pay or approve | 24 | | reimbursement for
day care in a facility which is operating | 25 | | without a valid license or permit,
except in the case of day | 26 | | care homes or day care centers which are exempt from
the |
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| 1 | | licensing requirements of the "Child Care Act of 1969".
| 2 | | (Source: P.A. 100-159, eff. 8-18-17.)
| 3 | | (Text of Section after amendment by P.A. 102-926 )
| 4 | | Sec. 5a.
Reimbursable services for which the Department of | 5 | | Children and
Family Services shall pay 100% of the reasonable | 6 | | cost pursuant to a written
contract negotiated between the | 7 | | Department and the agency furnishing the
services (which shall | 8 | | include but not be limited to the determination of
reasonable | 9 | | cost, the services being purchased and the duration of the
| 10 | | agreement) include, but are not limited to:
| 11 | | SERVICE ACTIVITIES
| 12 | | Adjunctive Therapy;
| 13 | | Child Care Service, including day care;
| 14 | | Clinical Therapy;
| 15 | | Custodial Service;
| 16 | | Field Work Students;
| 17 | | Food Service;
| 18 | | Normal Education;
| 19 | | In-Service Training;
| 20 | | Intake or Evaluation, or both;
| 21 | | Medical Services;
| 22 | | Pass-through payments to foster parents;
| 23 | | Recreation;
| 24 | | Social Work or Counselling, or both;
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| 1 | | Supportive Staff;
| 2 | | Volunteers.
| 3 | | OBJECT EXPENSES
| 4 | | Professional Fees and Contract Service Payments;
| 5 | | Supplies;
| 6 | | Technology infrastructure, including computers,
| 7 | | equipment, software, and security services;
| 8 | | Records, including electronic medical records;
| 9 | | Telephone and Telegram ;
| 10 | | Occupancy;
| 11 | | Local Transportation;
| 12 | | Equipment and Other Fixed Assets, including amortization
| 13 | | of same;
| 14 | | Miscellaneous.
| 15 | | ADMINISTRATIVE COSTS
| 16 | | Program Administration;
| 17 | | Supervision and Consultation;
| 18 | | Inspection and Monitoring for purposes of issuing
| 19 | | licenses;
| 20 | | Determination of Children who are eligible
| 21 | | for federal or other reimbursement;
| 22 | | Postage and Shipping;
| 23 | | Outside Printing, Artwork, etc.;
| 24 | | Subscriptions and Reference Publications;
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| 1 | | Management and General Expense.
| 2 | | The Department shall not establish or enforce any rule, | 3 | | procedure, or contract term that reduces, limits, or restricts | 4 | | reimbursement to less than 100% of the reasonable cost for any | 5 | | object expenses, service activities, or administrative costs | 6 | | described in this Act. | 7 | | To ensure provider agencies have access to cash reserves | 8 | | for operations in the face of rising costs and increased | 9 | | expenses, provider agencies shall be allowed to retain all | 10 | | moneys received in excess of actual reimbursable costs so long | 11 | | as the provider agency invests the excess revenue in, and uses | 12 | | the excess revenue for any of the following: (i) direct | 13 | | service, (ii) object expenses, (iii) service activities, (iv) | 14 | | administrative costs, or (v) increasing positive cash flow, up | 15 | | to 3-months cash on hand, to ensure available funds for | 16 | | operations during the current and next fiscal year. The use of | 17 | | excess revenue shall be subject to review and audit consistent | 18 | | with the Department's certified audits, cost reports, and desk | 19 | | review procedures in the usual course. | 20 | | Reimbursement of administrative costs other than inspection | 21 | | and monitoring
for purposes of issuing licenses may not exceed | 22 | | 20% of the costs
for other services.
| 23 | | The Department may offer services to any child or family | 24 | | with respect to whom a report of suspected child abuse or | 25 | | neglect has been called in to the hotline after completion of a | 26 | | family assessment as provided under subsection (a-5) of |
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| 1 | | Section 7.4 of the Abused and Neglected Child Reporting Act | 2 | | and the Department has determined that services are needed to | 3 | | address the safety of the child and other family members and | 4 | | the risk of subsequent maltreatment. Acceptance of such | 5 | | services shall be voluntary. | 6 | | All Object Expenses, Service Activities and Administrative
| 7 | | Costs are allowable.
| 8 | | If a survey instrument is used in the rate setting | 9 | | process:
| 10 | | (a) with respect to any day care centers, it shall be | 11 | | limited to those
agencies which receive reimbursement from | 12 | | the State;
| 13 | | (b) the cost survey instrument shall be promulgated by | 14 | | rule;
| 15 | | (c) any requirements of the respondents shall be | 16 | | promulgated by rule;
| 17 | | (d) all screens, limits or other tests of | 18 | | reasonableness, allowability
and reimbursability shall be | 19 | | promulgated by rule;
| 20 | | (e) adjustments may be made by the Department to rates | 21 | | when it determines
that reported wage and salary levels | 22 | | are insufficient to attract capable
caregivers in | 23 | | sufficient numbers.
| 24 | | The Department of Children and Family Services may pay | 25 | | 100% of the
reasonable costs of research and valuation
focused | 26 | | exclusively on services to youth in care. Such research |
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| 1 | | projects must be approved, in advance, by
the Director of the | 2 | | Department.
| 3 | | In addition to reimbursements otherwise provided for in | 4 | | this Section,
the Department of Human Services shall, in | 5 | | accordance with annual written
agreements, make
advance | 6 | | quarterly disbursements to local public agencies for child day | 7 | | care
services with funds appropriated from the Local Effort | 8 | | Day Care Fund.
| 9 | | Neither the Department of Children and Family Services nor | 10 | | the
Department of Human Services shall pay or approve | 11 | | reimbursement for
day care in a facility which is operating | 12 | | without a valid license or permit,
except in the case of day | 13 | | care homes or day care centers which are exempt from
the | 14 | | licensing requirements of the "Child Care Act of 1969".
| 15 | | The rates paid to day care providers by the Department of | 16 | | Children and Family Services shall match the rates paid to | 17 | | child care providers by the Department of Human Services under | 18 | | the child care assistance program, including base rates and | 19 | | any relevant rate enhancements. | 20 | | (Source: P.A. 102-926, eff. 7-1-23 .)
| 21 | | Section 95. No acceleration or delay. Where this Act makes | 22 | | changes in a statute that is represented in this Act by text | 23 | | that is not yet or no longer in effect (for example, a Section | 24 | | represented by multiple versions), the use of that text does | 25 | | not accelerate or delay the taking effect of (i) the changes |
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| 1 | | made by this Act or (ii) provisions derived from any other | 2 | | Public Act.".
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