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| Public Act 096-1472 | ||||
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AN ACT concerning health.
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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 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:
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(405 ILCS 30/4) (from Ch. 91 1/2, par. 904)
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Sec. 4. Financing for Community Services. | ||||
(a) The Department of Human Services
is authorized to
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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.
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The Department shall utilize the following funding | ||
mechanisms for community
services:
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(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
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of personnel, supplies, and other allowable costs, and | ||
which makes some
allowance for geographic variations in | ||
costs as well as for additional program
components.
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(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
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services, as defined by departmental grant guidelines, to | ||
an
approximate number of service
recipients. Grant levels | ||
are set through consideration of personnel, supply and
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other allowable costs, as well as other funds available to | ||
the program.
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(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.
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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 | ||
members: | ||
(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 | ||
Governor; | ||
(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 | ||
Governor. | ||
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 | ||
designee; | ||
(L) the Director of the Department of Human Services | ||
Division of Developmental Disabilities or his or her | ||
designee; | ||
(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 | ||
designee. | ||
(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.
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(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.
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(Source: P.A. 95-682, eff. 10-11-07; 96-652, eff. 8-24-09.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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