Full Text of HB5306 96th General Assembly
HB5306enr 96TH GENERAL ASSEMBLY
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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 2. The Department of Human Services Act is amended | 5 |
| by adding Section 1-40 as follows: | 6 |
| (20 ILCS 1305/1-40 new) | 7 |
| Sec. 1-40. Alcoholism and Substance Abuse; Mental Health; | 8 |
| provider payments. For authorized Medicaid services to | 9 |
| enrolled individuals, Division of Alcoholism and Substance | 10 |
| Abuse and Division of Mental Health providers shall receive | 11 |
| payment for such authorized services, with payment occurring no | 12 |
| later than in the next fiscal year. | 13 |
| Section 5. The Community Services Act is amended by | 14 |
| 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. | 17 |
| (a) The Department of Human Services
is authorized to
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| provide financial reimbursement to eligible private service | 19 |
| providers,
corporations, local government entities or | 20 |
| voluntary associations for the
provision of services to persons | 21 |
| with mental illness, persons with a
developmental disability |
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| and alcohol and drug dependent persons living in the
community | 2 |
| for the purpose of achieving the goals of this Act.
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| The Department shall utilize the following funding | 4 |
| mechanisms for community
services:
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| (1) Purchase of Care Contracts: services purchased on a | 6 |
| predetermined fee
per unit of service basis from private | 7 |
| providers or governmental entities. Fee
per service rates | 8 |
| are set by an established formula which covers some portion
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| of personnel, supplies, and other allowable costs, and | 10 |
| which makes some
allowance for geographic variations in | 11 |
| costs as well as for additional program
components.
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| (2) Grants: sums of money which the Department grants | 13 |
| to private providers or
governmental
entities pursuant to | 14 |
| the grant recipient's agreement to provide certain
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| services, as defined by departmental grant guidelines, to | 16 |
| an
approximate number of service
recipients. Grant levels | 17 |
| are set through consideration of personnel, supply and
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| other allowable costs, as well as other funds available to | 19 |
| the program.
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| (3) Other Funding Arrangements: funding mechanisms may | 21 |
| be established
on a pilot basis in order to examine the | 22 |
| feasibility of alternative financing
arrangements for the | 23 |
| provision of community services.
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| The Department shall establish and maintain an equitable | 25 |
| system of
payment
which allows providers to improve persons | 26 |
| with disabilities'
capabilities for
independence and reduces |
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| their reliance on State-operated
services. | 2 |
| For services classified as entitlement services under | 3 |
| federal law or guidelines, caps may not be placed on the total | 4 |
| amount of payment a provider may receive in a fiscal year and | 5 |
| the Department shall not require that a portion of the payments | 6 |
| due be made in a subsequent fiscal year based on a yearly | 7 |
| payment cap. | 8 |
| (b) The Governor shall create a commission by September 1, | 9 |
| 2009, or as soon thereafter as possible, to review funding | 10 |
| methodologies, identify gaps in funding, identify revenue, and | 11 |
| prioritize use of that revenue for community developmental | 12 |
| disability services, mental health services, alcohol and | 13 |
| substance abuse services, rehabilitation services, and early | 14 |
| intervention services. The Office of the Governor shall provide | 15 |
| staff support for the commission. | 16 |
| (c) 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 September 1, 2010, to the Governor | 21 |
| and the General Assembly. | 22 |
| (d) The commission shall have the following 13 voting | 23 |
| 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 shall also have the following ex-officio, | 24 |
| nonvoting members: | 25 |
| (I) the Director of the Governor's Office of Management | 26 |
| and Budget or his or her designee; |
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| (J) the Chief Financial Officer of the Department of | 2 |
| Human Services or his or her designee; | 3 |
| (K) the Administrator of the Department of Healthcare | 4 |
| and Family Services Division of Finance or his or her | 5 |
| designee; | 6 |
| (L) the Director of the Department of Human Services | 7 |
| Division of Developmental Disabilities or his or her | 8 |
| designee; | 9 |
| (M) the Director of the Department of Human Services | 10 |
| Division of Mental Health or his or her designee;
and | 11 |
| (N) the Director of the Department of Human Services | 12 |
| Division of Alcohol and Substance Abuse or his or her | 13 |
| designee. | 14 |
| (e) The funding methodologies must reflect economic | 15 |
| factors inherent in providing services and supports, recognize | 16 |
| individual disability needs, and consider geographic | 17 |
| differences, transportation costs, required staffing ratios, | 18 |
| and mandates not currently funded.
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| (f) In accepting Department funds, providers shall | 20 |
| recognize
their responsibility to be
accountable to the | 21 |
| Department and the State for the delivery of services
which are | 22 |
| consistent
with the philosophies and goals of this Act and the | 23 |
| rules and regulations
promulgated under it.
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| (Source: P.A. 95-682, eff. 10-11-07; 96-652, eff. 8-24-09.)
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| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.
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