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Public Act 102-0830


 

Public Act 0830 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0830
 
SB3156 EnrolledLRB102 23246 RLC 32411 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing
Sections 4.4 and 74 as follows:
 
    (20 ILCS 1705/4.4)
    Sec. 4.4. Direct support professional person credential
pilot program.
    (a) In this Section, "direct support person credential"
means a document issued to an individual by a recognized
accrediting body attesting that the individual has met the
professional requirements of the credentialing program by the
Division of Developmental Disabilities of the Department of
Human Services.
    (b) The Division or a Division partner shall initiate a
program to continue to gain the expertise and knowledge of the
developmental disabilities workforce and of the developmental
disabilities workforce recruitment and retention needs
throughout the developmental disabilities field. The Division
shall implement a direct support professional person
credential pilot program to assist and attract persons into
the field of direct support, advance direct support as a
career, and professionalize the field to promote workforce
recruitment and retention efforts, advanced skills and
competencies, and further ensure the health, safety, and
well-being of persons being served.
    (c) The direct support professional person credential
pilot program is created within the Division to assist persons
in the field of developmental disabilities in obtaining a
credential in their fields of expertise.
    (d) The pilot program shall be administered by the
Division for 3 years, beginning in Fiscal Year 2024. The pilot
program shall include providers licensed and certified by the
Division or by the Department of Public Health. The purpose of
the pilot program is to assess how the establishment of a
State-administered State-accredited direct support
professional person credential:
        (1) promotes recruitment and retention efforts in the
    developmental disabilities field, notably the direct
    support professional person position;
        (2) enhances competence in the developmental
    disabilities field;
        (3) yields quality supports and services to persons
    with developmental disabilities; and
        (4) advances the health and safety requirements set
    forth by the State.
    (e) The Division or a Division partner, in administering
the pilot program, shall consider, but not be limited to, the
following:
        (1) best practices learning initiatives, including the
    University of Minnesota's college of direct support and
    all Illinois Department of Human Services-approved direct
    support professional person competencies;
        (2) national direct support professional and person
    competencies or credentialing-based standards and
    trainings;
        (3) facilitating direct support professional's
    person's portfolio development;
        (4) the role and value of skill mentors; and
        (5) creating a career ladder.
    (f) The Division shall produce a report detailing the
progress of the pilot program, including, but not limited to:
        (1) the rate of recruitment and retention for direct
    support professionals persons of providers participating
    in the pilot program compared to the rate for
    non-participating providers;
        (2) the number of direct support professional persons
    credentialed; and
        (3) the enhancement of quality supports and services
    to persons with developmental disabilities.
(Source: P.A. 100-754, eff. 8-10-18; 101-81, eff. 7-12-19.)
 
    (20 ILCS 1705/74)
    Sec. 74. Rates and reimbursements.
    (a) Within 30 days after July 6, 2017 (the effective date
of Public Act 100-23), the Department shall increase rates and
reimbursements to fund a minimum of a $0.75 per hour wage
increase for front-line personnel, including, but not limited
to, direct support professionals persons, aides, front-line
supervisors, qualified intellectual disabilities
professionals, nurses, and non-administrative support staff
working in community-based provider organizations serving
individuals with developmental disabilities. The Department
shall adopt rules, including emergency rules under subsection
(y) of Section 5-45 of the Illinois Administrative Procedure
Act, to implement the provisions of this Section.
    (b) Rates and reimbursements. Within 30 days after the
effective date of this amendatory Act of the 100th General
Assembly, the Department shall increase rates and
reimbursements to fund a minimum of a $0.50 per hour wage
increase for front-line personnel, including, but not limited
to, direct support professionals persons, aides, front-line
supervisors, qualified intellectual disabilities
professionals, nurses, and non-administrative support staff
working in community-based provider organizations serving
individuals with developmental disabilities. The Department
shall adopt rules, including emergency rules under subsection
(bb) of Section 5-45 of the Illinois Administrative Procedure
Act, to implement the provisions of this Section.
    (c) Rates and reimbursements. Within 30 days after the
effective date of this amendatory Act of the 101st General
Assembly, subject to federal approval, the Department shall
increase rates and reimbursements in effect on June 30, 2019
for community-based providers for persons with Developmental
Disabilities by 3.5% The Department shall adopt rules,
including emergency rules under subsection (jj) of Section
5-45 of the Illinois Administrative Procedure Act, to
implement the provisions of this Section, including wage
increases for direct care staff.
    (d) For community-based providers serving persons with
intellectual/developmental disabilities, subject to federal
approval of any relevant Waiver Amendment, the rates taking
effect for services delivered on or after January 1, 2022,
shall include an increase in the rate methodology sufficient
to provide a $1.50 per hour wage increase for direct support
professionals personnel in residential settings and sufficient
to provide wages for all residential non-executive direct care
staff, excluding direct support professionals personnel, at
the federal Department of Labor, Bureau of Labor Statistics'
average wage as defined in rule by the Department.
    The establishment of and any changes to the rate
methodologies for community-based services provided to persons
with intellectual/developmental disabilities are subject to
federal approval of any relevant Waiver Amendment and shall be
defined in rule by the Department. The Department shall adopt
rules, including emergency rules as authorized by Section 5-45
of the Illinois Administrative Procedure Act, to implement the
provisions of this subsection (d).
(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21.)

Effective Date: 1/1/2023