State of Illinois
90th General Assembly
Legislation

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[ Engrossed ][ House Amendment 001 ]

90_HB0368

      405 ILCS 30/4             from Ch. 91 1/2, par. 904
          Amends the Community Services Act.    Provides  that  the
      annual  appropriation  to the Department of Human Services to
      fund community services shall include a  percentage  increase
      for  the  wages  of direct care workers that is equivalent to
      the percentage cost of living increases granted for the  same
      year  to  mental  health technicians in mental health centers
      operated by the Department. Provides that  the  increases  in
      wages  that  are based on cost of living increases granted to
      mental health technicians and provided to direct care workers
      in community settings shall be applied to  appropriations  to
      the  Department  beginning  July 1, 1997 for the State fiscal
      year 1998 and shall continue each year thereafter.  Effective
      immediately.
                                                     LRB9001786WHmg
                                               LRB9001786WHmg
 1        AN ACT in relation to public services.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 5.  The Community  Services  Act  is  amended  by
 5    changing Section 4 as follows:
 6        (405 ILCS 30/4) (from Ch. 91 1/2, par. 904)
 7        (Text of Section before amendment by P.A. 89-507)
 8        Sec. 4.  Financing for Community Services. The Department
 9    of  Mental  Health  and  Developmental  Disabilities  and the
10    Illinois Department of  Alcoholism  and  Substance  Abuse  in
11    their  respective  areas  of  jurisdiction  are authorized to
12    provide financial  assistance  to  eligible  private  service
13    providers,   corporations,   local   government  entities  or
14    voluntary associations  for  the  provision  of  services  to
15    persons  with  mental  illness,  persons with a developmental
16    disability and alcohol and drug dependent persons  living  in
17    the  community for the purpose of achieving the goals of this
18    Act.
19        The Department and the Illinois Department of  Alcoholism
20    and  Substance  Abuse  shall  utilize  the  following funding
21    mechanisms for community services:
22             (1)  Purchase of Care Contracts: services  purchased
23        on  a  predetermined  fee  per unit of service basis from
24        private  providers  or  governmental  entities.  Fee  per
25        service rates are set by  an  established  formula  which
26        covers  some  portion  of  personnel, supplies, and other
27        allowable costs,  and  which  makes  some  allowance  for
28        geographic  variations in costs as well as for additional
29        program components.
30             (2)  Grants: sums of money which the  Department  or
31        the Illinois Department of Alcoholism and Substance Abuse
                            -2-                LRB9001786WHmg
 1        grants  to  private  providers  or  governmental entities
 2        pursuant to the grant recipient's  agreement  to  provide
 3        certain  services,  as  defined  by  Departmental  or the
 4        Illinois Department of  Alcoholism  and  Substance  Abuse
 5        grant  guidelines,  to  an  approximate number of service
 6        recipients. Grant levels are set through consideration of
 7        personnel, supply and other allowable costs, as  well  as
 8        other funds available to the program.
 9             (3)  Other  Funding Arrangements: funding mechanisms
10        may be established on a pilot basis in order  to  examine
11        the feasibility of alternative financing arrangements for
12        the provision of community services.
13        The  annual  appropriation  to  the  Department  of Human
14    Services  to  fund  community  services   shall   include   a
15    percentage increase for the wages of direct care workers that
16    is  equivalent  to  the  percentage  cost of living increases
17    granted for the same year to  mental  health  technicians  in
18    mental  health  centers operated by the Department. Community
19    services  funds  appropriated  to  the  Department  that  are
20    attributable to increases in the percentage  cost  of  living
21    increases  granted  to  mental  health  technicians in mental
22    health centers operated by the Department shall  be  expended
23    to  raise wages of direct care workers in community settings,
24    and the  increases  for  direct  care  workers  shall  be  in
25    addition  to  any  increases  that  are attributable to other
26    factors, including  general  cost  of  living  increases  for
27    community  services. The increases in wages that are based on
28    cost of living increases granted to mental health technicians
29    and provided to direct care  workers  in  community  settings
30    shall   be   applied  to  appropriations  to  the  Department
31    beginning July 1, 1997 for the State  fiscal  year  1998  and
32    shall continue each year thereafter.
33        The  Department and the Illinois Department of Alcoholism
34    and Substance Abuse shall strive to establish and maintain an
                            -3-                LRB9001786WHmg
 1    equitable system of payment  which  encourages  providers  to
 2    improve  their  clients'  capabilities  for  independence and
 3    reduces  their  reliance  on  community   or   State-operated
 4    services.  In accepting Department or the Illinois Department
 5    of Alcoholism and  Substance  Abuse  funds,  providers  shall
 6    recognize  their  responsibility  to  be  accountable  to the
 7    Department or  the  Illinois  Department  of  Alcoholism  and
 8    Substance  Abuse  and  the State for the delivery of services
 9    which are consistent with the philosophies and goals of  this
10    Act and the rules and regulations promulgated under it.
11    (Source: P.A. 88-380.)
12        (Text of Section after amendment by P.A. 89-507)
13        Sec. 4.  Financing for Community Services. The Department
14    of   Human   Services  is  authorized  to  provide  financial
15    assistance   to   eligible   private    service    providers,
16    corporations,   local   government   entities   or  voluntary
17    associations for the provision of services  to  persons  with
18    mental  illness,  persons with a developmental disability and
19    alcohol and drug dependent persons living  in  the  community
20    for the purpose of achieving the goals of this Act.
21        The   Department  shall  utilize  the  following  funding
22    mechanisms for community services:
23             (1)  Purchase of Care Contracts: services  purchased
24        on  a  predetermined  fee  per unit of service basis from
25        private  providers  or  governmental  entities.  Fee  per
26        service rates are set by  an  established  formula  which
27        covers  some  portion  of  personnel, supplies, and other
28        allowable costs,  and  which  makes  some  allowance  for
29        geographic  variations in costs as well as for additional
30        program components.
31             (2)  Grants: sums  of  money  which  the  Department
32        grants  to  private  providers  or  governmental entities
33        pursuant to the grant recipient's  agreement  to  provide
34        certain   services,  as  defined  by  departmental  grant
                            -4-                LRB9001786WHmg
 1        guidelines,  to  an   approximate   number   of   service
 2        recipients. Grant levels are set through consideration of
 3        personnel,  supply  and other allowable costs, as well as
 4        other funds available to the program.
 5             (3)  Other Funding Arrangements: funding  mechanisms
 6        may  be  established on a pilot basis in order to examine
 7        the feasibility of alternative financing arrangements for
 8        the provision of community services.
 9        The annual  appropriation  to  the  Department  of  Human
10    Services   to   fund   community  services  shall  include  a
11    percentage increase for the wages of direct care workers that
12    is equivalent to the  percentage  cost  of  living  increases
13    granted  for  the  same  year to mental health technicians in
14    mental health centers operated by the  Department.  Community
15    services  funds  appropriated  to  the  Department  that  are
16    attributable  to  increases  in the percentage cost of living
17    increases granted to  mental  health  technicians  in  mental
18    health  centers  operated by the Department shall be expended
19    to raise wages of direct care workers in community  settings,
20    and  the  increases  for  direct  care  workers  shall  be in
21    addition to any increases  that  are  attributable  to  other
22    factors,  including  general  cost  of  living  increases for
23    community services. The increases in wages that are based  on
24    cost of living increases granted to mental health technicians
25    and  provided  to  direct  care workers in community settings
26    shall  be  applied  to  appropriations  to   the   Department
27    beginning  July  1,  1997  for the State fiscal year 1998 and
28    shall continue each year thereafter.
29        The Department shall strive to establish and maintain  an
30    equitable  system  of  payment  which encourages providers to
31    improve their  clients'  capabilities  for  independence  and
32    reduces   their   reliance  on  community  or  State-operated
33    services.  In accepting  Department  funds,  providers  shall
34    recognize  their  responsibility  to  be  accountable  to the
                            -5-                LRB9001786WHmg
 1    Department and the State for the delivery of  services  which
 2    are  consistent  with  the philosophies and goals of this Act
 3    and the rules and regulations promulgated under it.
 4    (Source: P.A. 88-380; 89-507, eff. 7-1-97.)
 5        Section 95.  No acceleration or delay.   Where  this  Act
 6    makes changes in a statute that is represented in this Act by
 7    text  that  is not yet or no longer in effect (for example, a
 8    Section represented by multiple versions), the  use  of  that
 9    text  does  not  accelerate or delay the taking effect of (i)
10    the changes made by this Act or (ii) provisions derived  from
11    any other Public Act.
12        Section  99.  Effective date.  This Act takes effect upon
13    becoming law.

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