Public Act 096-1124
 
SB3291 EnrolledLRB096 17742 KTG 33107 b


  
    AN ACT concerning public aid.
  
 
    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 adding Section 
54.5 as follows:
 
    (20 ILCS 1705/54.5 new)
    Sec. 54.5. Community care for the developmentally disabled 
quality workforce initiative.
    (a) Legislative intent. Individuals with developmental 
disabilities who live in community-based settings rely on 
direct support staff for a variety of supports and services 
essential to the ability to reach their full potential.   A 
stable, well-trained direct support workforce is critical to 
the well-being of these individuals.  State and national studies 
have documented high rates of turnover among direct support 
workers and confirmed that improvements in wages can help 
reduce turnover and develop a more stable and committed 
workforce. This Section would increase the wages and benefits 
for direct care workers supporting individuals with 
developmental disabilities and provide accountability by 
ensuring that additional resources go directly to these 
workers. 
    (b)  Reimbursement. In order to attract and retain a stable, 
qualified, and healthy workforce, beginning July 1, 2010, the 
Department of Human Services may reimburse an individual 
community service provider serving individuals with 
developmental disabilities for spending incurred to provide 
improved wages and benefits to its employees serving 
developmentally disabled individuals. Reimbursement shall be 
based upon the provider's most recent cost report. Subject to 
available appropriations, this reimbursement shall be made 
according to the following criteria:
        (1)  The Department shall reimburse the provider to 
    compensate for spending on improved wages and benefits for 
    its eligible employees. Eligible employees include 
    employees engaged in direct care work.
        (2)   In order to qualify for reimbursement under this 
    Section, a provider must submit to the Department, before 
    January 1 of each year, documentation of a written, legally 
    binding commitment to increase spending for the purpose of 
    providing improved wages and benefits to its eligible 
    employees during the next year. The commitment must be 
    binding as to both existing and future staff. The 
    commitment must include a method of enforcing the 
    commitment that is available to the employees or their 
    representative and is expeditious, uses a neutral 
    decision-maker, and is economical for the employees. The 
    Department must also receive documentation of the 
    provider's provision of written notice of the commitment 
    and the availability of the enforcement mechanism to the 
    employees or their representative.
        (3)  Reimbursement shall be based on the amount of 
    increased spending to be incurred by the provider for 
    improving wages and benefits that exceeds the spending 
    reported in the cost report currently used by the 
    Department. Reimbursement shall be calculated as follows: 
    the per diem equivalent of the quarterly difference between 
    the cost to provide improved wages and benefits for covered 
    eligible employees as identified in the legally binding 
    commitment and the previous period cost of wages and 
    benefits as reported in the cost report currently used by 
    the Department, subject to the limitations identified in 
    paragraph (2) of this subsection.  In no event shall the per 
    diem increase be in excess of $7.00 for any 12 month 
    period, or in excess of $8.00 for any 12 month period for 
    community-integrated living arrangements with 4 beds or 
    less. For purposes of this Section, "community-integrated 
    living arrangement" has the same meaning ascribed to that 
    term in the Community-Integrated Living Arrangements 
    Licensure and Certification Act.
        (4)  Any community service provider is eligible to 
    receive reimbursement under this Section. A provider's 
    eligibility to receive reimbursement shall continue as 
    long as the provider maintains eligibility under paragraph 
    (2) of this subsection and the reimbursement program 
    continues to exist.
    (c) Audit. Reimbursement under this Section is subject to 
audit by the Department and shall be reduced or eliminated in 
the case of any provider that does not honor its commitment to 
increase spending to improve the wages and benefits of its 
employees or that decreases such spending. 
 
    Section 10. The Illinois Public Aid Code is amended  by 
adding Section 5-5.4f as follows:
 
    (305 ILCS 5/5-5.4f new)
    Sec. 5-5.4f. Intermediate care facilities for the 
developmentally disabled quality workforce initiative.
    (a) Legislative intent. Individuals with developmental 
disabilities who live in community-based settings rely on 
direct support staff for a variety of supports and services 
essential to the ability to reach their full potential.   A 
stable, well-trained direct support workforce is critical to 
the well-being of these individuals.  State and national studies 
have documented high rates of turnover among direct support 
workers and confirmed that improvements in wages can help 
reduce turnover and develop a more stable and committed 
workforce. This Section would increase the wages and benefits 
for direct care workers supporting individuals with 
developmental disabilities and provide accountability by 
ensuring that additional resources go directly to these 
workers.
    (b)  Reimbursement. Notwithstanding any provision of 
Section 5-5.4, in order to attract and retain a stable, 
qualified, and healthy workforce, beginning July 1, 2010, the 
Department of Healthcare and Family Services may reimburse an 
individual intermediate care facility for the developmentally 
disabled for spending incurred to provide improved wages and 
benefits to its employees serving the individuals residing in 
the facility. Reimbursement shall be based upon patient days 
reported in the facility's most recent cost report. Subject to 
available appropriations, this reimbursement shall be made 
according to the following criteria:
        (1)  The Department shall reimburse the facility to 
    compensate for spending on improved wages and benefits for 
    its eligible employees. Eligible employees include 
    employees engaged in direct care work.
        (2)   In order to qualify for reimbursement under this 
    Section, a facility must submit to the Department, before 
    January 1 of each year, documentation of a written, legally 
    binding commitment to increase spending for the purpose of 
    providing improved wages and benefits to its eligible 
    employees during the next year. The commitment must be 
    binding as to both existing and future staff. The 
    commitment must include a method of enforcing the 
    commitment that is available to the employees or their 
    representative and is expeditious, uses a neutral 
    decision-maker, and is economical for the employees. The 
    Department must also receive documentation of the 
    facility's provision of written notice of the commitment 
    and the availability of the enforcement mechanism to the 
    employees or their representative.
        (3)  Reimbursement shall be based on the amount of 
    increased spending to be incurred by the facility for 
    improving wages and benefits that exceeds the spending 
    reported in the cost report currently used by the 
    Department. Reimbursement shall be calculated as follows: 
    the per diem equivalent of the quarterly difference between 
    the cost to provide improved wages and benefits for covered 
    eligible employees as identified in the legally binding 
    commitment and the previous period cost of wages and 
    benefits as reported in the cost report currently used by 
    the Department, subject to the limitations identified in 
    paragraph (2) of this subsection.  In no event shall the per 
    diem increase be in excess of $5.00 for any 12 month period 
    for an intermediate care facility for the developmentally 
    disabled with more than 16 beds, or in excess of $6.00 for 
    any 12 month period for an intermediate care facility for 
    the developmentally disabled with 16 beds or less.
        (4)  Any intermediate care facility for the 
    developmentally disabled is eligible to receive 
    reimbursement under this Section. A facility's eligibility 
    to receive reimbursement shall continue as long as the 
    facility maintains eligibility under paragraph (2) of this 
    subsection and the reimbursement program continues to 
    exist.
    (c) Audit. Reimbursement under this Section is subject to 
audit by the Department and shall be reduced or eliminated in 
the case of any facility that does not honor its commitment to 
increase spending to improve the wages and benefits of its 
employees or that decreases such spending. 
 

    Section 99. Effective date. This Act takes effect July 1, 
2010.