Full Text of HB1350 096th General Assembly
HB1350 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB1350
Introduced 2/18/2009, by Rep. Esther Golar SYNOPSIS AS INTRODUCED: |
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405 ILCS 30/4 |
from Ch. 91 1/2, par. 904 |
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Amends the Community Services Act. Requires the Governor to create a commission by July 1, 2009 (instead of 2007) to review various matters in connection with funding for community services. Provides that if the Governor does not make appointments to the commission by July 1, 2009, then the Speaker and Minority Leader of the House of Representatives and the President and Minority Leader of the Senate shall make appointments to the commission. Provides that the commission must issue a final report no later than December 31, 2010 (instead of September 1, 2008). Adds 3 directors of Department of Human Services (DHS) divisions as commission members. Requires DHS to provide staff support for the commission. Effective immediately.
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A BILL FOR
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HB1350 |
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LRB096 06322 DRJ 16405 b |
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Community Services Act is amended by | 5 |
| changing Section 4 as follows:
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| (405 ILCS 30/4) (from Ch. 91 1/2, par. 904)
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| Sec. 4. Financing for Community Services. | 8 |
| (a) The Department of Human Services
is authorized to
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| provide financial reimbursement to eligible private service | 10 |
| providers,
corporations, local government entities or | 11 |
| voluntary associations for the
provision of services to persons | 12 |
| with mental illness, persons with a
developmental disability | 13 |
| and alcohol and drug dependent persons living in the
community | 14 |
| for the purpose of achieving the goals of this Act.
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| The Department shall utilize the following funding | 16 |
| mechanisms for community
services:
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| (1) Purchase of Care Contracts: services purchased on a | 18 |
| predetermined fee
per unit of service basis from private | 19 |
| providers or governmental entities. Fee
per service rates | 20 |
| are set by an established formula which covers some portion
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| of personnel, supplies, and other allowable costs, and | 22 |
| which makes some
allowance for geographic variations in | 23 |
| costs as well as for additional program
components.
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| (2) Grants: sums of money which the Department grants | 2 |
| to private providers or
governmental
entities pursuant to | 3 |
| the grant recipient's agreement to provide certain
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| services, as defined by departmental grant guidelines, to | 5 |
| an
approximate number of service
recipients. Grant levels | 6 |
| are set through consideration of personnel, supply and
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| other allowable costs, as well as other funds available to | 8 |
| the program.
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| (3) Other Funding Arrangements: funding mechanisms may | 10 |
| be established
on a pilot basis in order to examine the | 11 |
| feasibility of alternative financing
arrangements for the | 12 |
| provision of community services.
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| The Department shall establish and maintain an equitable | 14 |
| system of
payment
which allows providers to improve persons | 15 |
| with disabilities'
capabilities for
independence and reduces | 16 |
| their reliance on State-operated
services. | 17 |
| (b) The Governor shall create a commission by July 1, 2009 | 18 |
| 2007 , or as soon thereafter as possible, to review funding | 19 |
| methodologies, identify gaps in funding, identify revenue, and | 20 |
| prioritize use of that revenue for community developmental | 21 |
| disability services, mental health services, alcohol and | 22 |
| substance abuse services, rehabilitation services, and early | 23 |
| intervention services. | 24 |
| (c) If the Governor does not make appointments to the | 25 |
| commission by July 1, 2009 as required under subsection (b), | 26 |
| then the Speaker and Minority Leader of the House of |
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LRB096 06322 DRJ 16405 b |
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| Representatives and the President and Minority Leader of the | 2 |
| Senate shall make appointments to the commission as follows: | 3 |
| (1) The Speaker of the House of Representatives shall | 4 |
| make the following appointments: | 5 |
| (A) one person with a developmental disability, or | 6 |
| a family member or guardian of such a person; | 7 |
| (B) one person from a union that represents | 8 |
| employees of community providers that serve people | 9 |
| with developmental disabilities, mental illness, and | 10 |
| alcohol and substance abuse disorders; | 11 |
| (C) three persons from statewide associations that | 12 |
| represent community providers that provide | 13 |
| residential, day training, and other developmental | 14 |
| disability services, mental health services, alcohol | 15 |
| and substance abuse services, rehabilitation services, | 16 |
| or early intervention services, or any combination of | 17 |
| those; and | 18 |
| (D) one member of the House of Representatives. | 19 |
| (2) The Minority Leader of the House of Representatives | 20 |
| shall appoint one member of the House of Representatives. | 21 |
| (3) The President of the Senate shall make the | 22 |
| following appointments: | 23 |
| (A) one person with a mental illness, or a family | 24 |
| member or guardian of such a person; | 25 |
| (B) one person from another union (other than the | 26 |
| union from which a person is appointed under |
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| subdivision (1)(B) of this subsection) that represents | 2 |
| employees of community providers that serve people | 3 |
| with developmental disabilities, mental illness, and | 4 |
| alcohol and substance abuse disorders different from | 5 |
| the Speaker's choice of a union; | 6 |
| (C) three persons from statewide associations that | 7 |
| represent community providers that provide | 8 |
| residential, day training, and other developmental | 9 |
| disability services, mental health services, alcohol | 10 |
| and substance abuse services, rehabilitation services, | 11 |
| or early intervention services, or any combination of | 12 |
| those; and | 13 |
| (D) one member of the Senate. | 14 |
| (4) The Minority Leader of the Senate shall appoint one | 15 |
| member of the Senate. | 16 |
| (d) The first meeting of the commission shall be held | 17 |
| within the first month after the creation and appointment of | 18 |
| the commission, and a final report summarizing the commission's | 19 |
| recommendations must be issued within 12 months after the first | 20 |
| meeting, and no later than December 31, 2010 September 1, 2008 , | 21 |
| to the Governor and the General Assembly. | 22 |
| (e) The commission , if appointed by the Governor pursuant | 23 |
| to subsection (b), shall have the following 13 voting members: | 24 |
| (A) one member of the House of Representatives, | 25 |
| appointed by the Speaker of the House of Representatives; | 26 |
| (B) one member of the House of Representatives, |
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| appointed by the House Minority Leader; | 2 |
| (C) one member of the Senate, appointed by the | 3 |
| President of the Senate; | 4 |
| (D) one member of the Senate, appointed by the Senate | 5 |
| Minority Leader; | 6 |
| (E) one person with a developmental disability, or a | 7 |
| family member or guardian of such a person, appointed by | 8 |
| the Governor; | 9 |
| (F) one person with a mental illness, or a family | 10 |
| member or guardian of such a person, appointed by the | 11 |
| Governor; | 12 |
| (G) two persons from unions that represent employees of | 13 |
| community providers that serve people with developmental | 14 |
| disabilities, mental illness, and alcohol and substance | 15 |
| abuse disorders, appointed by the Governor; and | 16 |
| (H) five persons from statewide associations that | 17 |
| represent community providers that provide residential, | 18 |
| day training, and other developmental disability services, | 19 |
| mental health services, alcohol and substance abuse | 20 |
| services, rehabilitation services, or early intervention | 21 |
| services, or any combination of those, appointed by the | 22 |
| Governor. | 23 |
| The commission , whether appointed pursuant to subsection | 24 |
| (b) or pursuant to subsection (c), shall also have the | 25 |
| following ex-officio, nonvoting members: | 26 |
| (I) the Director of the Governor's Office of Management |
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| and Budget or his or her designee; | 2 |
| (J) the Chief Financial Officer of the Department of | 3 |
| Human Services or his or her designee; and | 4 |
| (K) the Administrator of the Department of Healthcare | 5 |
| and Family Services Division of Finance or his or her | 6 |
| designee ; . | 7 |
| (L) the Director of the Department of Human Services | 8 |
| Division of Developmental Disabilities or his or her | 9 |
| designee; | 10 |
| (M) the Director of the Department of Human Services | 11 |
| Division of Mental Health or his or her designee;
and | 12 |
| (N) the Director of the Department of Human Services | 13 |
| Division of Alcohol and Substance Abuse or his or her | 14 |
| designee. | 15 |
| (f) The funding methodologies must reflect economic | 16 |
| factors inherent in providing services and supports, recognize | 17 |
| individual disability needs, and consider geographic | 18 |
| differences, transportation costs, required staffing ratios, | 19 |
| and mandates not currently funded.
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| (g) The Department of Human Services shall provide staff | 21 |
| support for purposes including but not limited to research and | 22 |
| document preparation and other such reasonable duties as | 23 |
| directed by a simple majority vote of the commission. | 24 |
| (h) In accepting Department funds, providers shall | 25 |
| recognize
their responsibility to be
accountable to the | 26 |
| Department and the State for the delivery of services
which are |
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| consistent
with the philosophies and goals of this Act and the | 2 |
| rules and regulations
promulgated under it.
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| (Source: P.A. 95-682, eff. 10-11-07.)
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
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