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 
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.

    (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.