Public Act 096-1472
HB5306 EnrolledLRB096 19199 KTG 34590 b

    AN ACT concerning health.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 2. The Department of Human Services Act is amended
by adding Section 1-40 as follows:
    (20 ILCS 1305/1-40 new)
    Sec. 1-40. Alcoholism and Substance Abuse; Mental Health;
provider payments. For authorized Medicaid services to
enrolled individuals, Division of Alcoholism and Substance
Abuse and Division of Mental Health providers shall receive
payment for such authorized services, with payment occurring no
later than in the next fiscal year.
    Section 5. The Community Services Act is amended by
changing Section 4 as follows:
    (405 ILCS 30/4)  (from Ch. 91 1/2, par. 904)
    Sec. 4. Financing for Community Services.
    (a) The Department of Human Services is authorized to
provide financial reimbursement to eligible private service
providers, corporations, local government entities or
voluntary associations for the provision of services to persons
with mental illness, persons with a developmental disability
and alcohol and drug dependent persons living in the community
for the purpose of achieving the goals of this Act.
    The Department shall utilize the following funding
mechanisms for community services:
        (1) Purchase of Care Contracts: services purchased on a
    predetermined fee per unit of service basis from private
    providers or governmental entities. Fee per service rates
    are set by an established formula which covers some portion
    of personnel, supplies, and other allowable costs, and
    which makes some allowance for geographic variations in
    costs as well as for additional program components.
        (2) Grants: sums of money which the Department grants
    to private providers or governmental entities pursuant to
    the grant recipient's agreement to provide certain
    services, as defined by departmental grant guidelines, to
    an approximate number of service recipients. Grant levels
    are set through consideration of personnel, supply and
    other allowable costs, as well as other funds available to
    the program.
        (3) Other Funding Arrangements: funding mechanisms may
    be established on a pilot basis in order to examine the
    feasibility of alternative financing arrangements for the
    provision of community services.
    The Department shall establish and maintain an equitable
system of payment which allows providers to improve persons
with disabilities' capabilities for independence and reduces
their reliance on State-operated services.
    For services classified as entitlement services under
federal law or guidelines, caps may not be placed on the total
amount of payment a provider may receive in a fiscal year and
the Department shall not require that a portion of the payments
due be made in a subsequent fiscal year based on a yearly
payment cap.
    (b) The Governor shall create a commission by September 1,
2009, or as soon thereafter as possible, to review funding
methodologies, identify gaps in funding, identify revenue, and
prioritize use of that revenue for community developmental
disability services, mental health services, alcohol and
substance abuse services, rehabilitation services, and early
intervention services. The Office of the Governor shall provide
staff support for the commission.
    (c) The first meeting of the commission shall be held
within the first month after the creation and appointment of
the commission, and a final report summarizing the commission's
recommendations must be issued within 12 months after the first
meeting, and no later than September 1, 2010, to the Governor
and the General Assembly.
    (d) The commission shall have the following 13 voting
        (A) one member of the House of Representatives,
    appointed by the Speaker of the House of Representatives;
        (B) one member of the House of Representatives,
    appointed by the House Minority Leader;
        (C) one member of the Senate, appointed by the
    President of the Senate;
        (D) one member of the Senate, appointed by the Senate
    Minority Leader;
        (E) one person with a developmental disability, or a
    family member or guardian of such a person, appointed by
    the Governor;
        (F) one person with a mental illness, or a family
    member or guardian of such a person, appointed by the
        (G) two persons from unions that represent employees of
    community providers that serve people with developmental
    disabilities, mental illness, and alcohol and substance
    abuse disorders, appointed by the Governor; and
        (H) five persons from statewide associations that
    represent community providers that provide residential,
    day training, and other developmental disability services,
    mental health services, alcohol and substance abuse
    services, rehabilitation services, or early intervention
    services, or any combination of those, appointed by the
    The commission shall also have the following ex-officio,
nonvoting members:
        (I) the Director of the Governor's Office of Management
    and Budget or his or her designee;
        (J) the Chief Financial Officer of the Department of
    Human Services or his or her designee;
        (K) the Administrator of the Department of Healthcare
    and Family Services Division of Finance or his or her
        (L) the Director of the Department of Human Services
    Division of Developmental Disabilities or his or her
        (M) the Director of the Department of Human Services
    Division of Mental Health or his or her designee; and
        (N) the Director of the Department of Human Services
    Division of Alcohol and Substance Abuse or his or her
    (e) The funding methodologies must reflect economic
factors inherent in providing services and supports, recognize
individual disability needs, and consider geographic
differences, transportation costs, required staffing ratios,
and mandates not currently funded.
    (f) In accepting Department funds, providers shall
recognize their responsibility to be accountable to the
Department and the State for the delivery of services which are
consistent with the philosophies and goals of this Act and the
rules and regulations promulgated under it.
(Source: P.A. 95-682, eff. 10-11-07; 96-652, eff. 8-24-09.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/23/2010