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| Public Act 102-0830 | ||||
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AN ACT concerning State government.
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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 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.
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(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).
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(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21.)
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