SB3291 Enrolled

LRB096 17742 KTG 33107 b





  
1
    AN ACT concerning public aid.
  
 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:
  


 
4
    Section 5. The Mental Health and Developmental 
5
Disabilities Administrative Act is amended  by adding Section 
6
54.5 as follows:
 
7
    (20 ILCS 1705/54.5 new)
8
    Sec. 54.5. Community care for the developmentally disabled 
9
quality workforce initiative.
10
    (a) Legislative intent. Individuals with developmental 
11
disabilities who live in community-based settings rely on 
12
direct support staff for a variety of supports and services 
13
essential to the ability to reach their full potential.   A 
14
stable, well-trained direct support workforce is critical to 
15
the well-being of these individuals.  State and national studies 
16
have documented high rates of turnover among direct support 
17
workers and confirmed that improvements in wages can help 
18
reduce turnover and develop a more stable and committed 
19
workforce. This Section would increase the wages and benefits 
20
for direct care workers supporting individuals with 
21
developmental disabilities and provide accountability by 
22
ensuring that additional resources go directly to these 
23
workers. 
 


 






SB3291 Enrolled
- 2 -
LRB096 17742 KTG 33107 b




1
    (b)  Reimbursement. In order to attract and retain a stable, 
2
qualified, and healthy workforce, beginning July 1, 2010, the 
3
Department of Human Services may reimburse an individual 
4
community service provider serving individuals with 
5
developmental disabilities for spending incurred to provide 
6
improved wages and benefits to its employees serving 
7
developmentally disabled individuals. Reimbursement shall be 
8
based upon the provider's most recent cost report. Subject to 
9
available appropriations, this reimbursement shall be made 
10
according to the following criteria:
11
        (1)  The Department shall reimburse the provider to 
12
    compensate for spending on improved wages and benefits for 
13
    its eligible employees. Eligible employees include 
14
    employees engaged in direct care work.
15
        (2)   In order to qualify for reimbursement under this 
16
    Section, a provider must submit to the Department, before 
17
    January 1 of each year, documentation of a written, legally 
18
    binding commitment to increase spending for the purpose of 
19
    providing improved wages and benefits to its eligible 
20
    employees during the next year. The commitment must be 
21
    binding as to both existing and future staff. The 
22
    commitment must include a method of enforcing the 
23
    commitment that is available to the employees or their 
24
    representative and is expeditious, uses a neutral 
25
    decision-maker, and is economical for the employees. The 
26
    Department must also receive documentation of the 
 


 






SB3291 Enrolled
- 3 -
LRB096 17742 KTG 33107 b




1
    provider's provision of written notice of the commitment 
2
    and the availability of the enforcement mechanism to the 
3
    employees or their representative.
4
        (3)  Reimbursement shall be based on the amount of 
5
    increased spending to be incurred by the provider for 
6
    improving wages and benefits that exceeds the spending 
7
    reported in the cost report currently used by the 
8
    Department. Reimbursement shall be calculated as follows: 
9
    the per diem equivalent of the quarterly difference between 
10
    the cost to provide improved wages and benefits for covered 
11
    eligible employees as identified in the legally binding 
12
    commitment and the previous period cost of wages and 
13
    benefits as reported in the cost report currently used by 
14
    the Department, subject to the limitations identified in 
15
    paragraph (2) of this subsection.  In no event shall the per 
16
    diem increase be in excess of $7.00 for any 12 month 
17
    period, or in excess of $8.00 for any 12 month period for 
18
    community-integrated living arrangements with 4 beds or 
19
    less. For purposes of this Section, "community-integrated 
20
    living arrangement" has the same meaning ascribed to that 
21
    term in the Community-Integrated Living Arrangements 
22
    Licensure and Certification Act.
23
        (4)  Any community service provider is eligible to 
24
    receive reimbursement under this Section. A provider's 
25
    eligibility to receive reimbursement shall continue as 
26
    long as the provider maintains eligibility under paragraph 
 


 






SB3291 Enrolled
- 4 -
LRB096 17742 KTG 33107 b




1
    (2) of this subsection and the reimbursement program 
2
    continues to exist.
3
    (c) Audit. Reimbursement under this Section is subject to 
4
audit by the Department and shall be reduced or eliminated in 
5
the case of any provider that does not honor its commitment to 
6
increase spending to improve the wages and benefits of its 
7
employees or that decreases such spending. 
 
8
    Section 10. The Illinois Public Aid Code is amended  by 
9
adding Section 5-5.4f as follows:
 
10
    (305 ILCS 5/5-5.4f new)
11
    Sec. 5-5.4f. Intermediate care facilities for the 
12
developmentally disabled quality workforce initiative.
13
    (a) Legislative intent. Individuals with developmental 
14
disabilities who live in community-based settings rely on 
15
direct support staff for a variety of supports and services 
16
essential to the ability to reach their full potential.   A 
17
stable, well-trained direct support workforce is critical to 
18
the well-being of these individuals.  State and national studies 
19
have documented high rates of turnover among direct support 
20
workers and confirmed that improvements in wages can help 
21
reduce turnover and develop a more stable and committed 
22
workforce. This Section would increase the wages and benefits 
23
for direct care workers supporting individuals with 
24
developmental disabilities and provide accountability by 
 


 






SB3291 Enrolled
- 5 -
LRB096 17742 KTG 33107 b




1
ensuring that additional resources go directly to these 
2
workers.
3
    (b)  Reimbursement. Notwithstanding any provision of 
4
Section 5-5.4, in order to attract and retain a stable, 
5
qualified, and healthy workforce, beginning July 1, 2010, the 
6
Department of Healthcare and Family Services may reimburse an 
7
individual intermediate care facility for the developmentally 
8
disabled for spending incurred to provide improved wages and 
9
benefits to its employees serving the individuals residing in 
10
the facility. Reimbursement shall be based upon patient days 
11
reported in the facility's most recent cost report. Subject to 
12
available appropriations, this reimbursement shall be made 
13
according to the following criteria:
14
        (1)  The Department shall reimburse the facility to 
15
    compensate for spending on improved wages and benefits for 
16
    its eligible employees. Eligible employees include 
17
    employees engaged in direct care work.
18
        (2)   In order to qualify for reimbursement under this 
19
    Section, a facility must submit to the Department, before 
20
    January 1 of each year, documentation of a written, legally 
21
    binding commitment to increase spending for the purpose of 
22
    providing improved wages and benefits to its eligible 
23
    employees during the next year. The commitment must be 
24
    binding as to both existing and future staff. The 
25
    commitment must include a method of enforcing the 
26
    commitment that is available to the employees or their 
 


 






SB3291 Enrolled
- 6 -
LRB096 17742 KTG 33107 b




1
    representative and is expeditious, uses a neutral 
2
    decision-maker, and is economical for the employees. The 
3
    Department must also receive documentation of the 
4
    facility's provision of written notice of the commitment 
5
    and the availability of the enforcement mechanism to the 
6
    employees or their representative.
7
        (3)  Reimbursement shall be based on the amount of 
8
    increased spending to be incurred by the facility for 
9
    improving wages and benefits that exceeds the spending 
10
    reported in the cost report currently used by the 
11
    Department. Reimbursement shall be calculated as follows: 
12
    the per diem equivalent of the quarterly difference between 
13
    the cost to provide improved wages and benefits for covered 
14
    eligible employees as identified in the legally binding 
15
    commitment and the previous period cost of wages and 
16
    benefits as reported in the cost report currently used by 
17
    the Department, subject to the limitations identified in 
18
    paragraph (2) of this subsection.  In no event shall the per 
19
    diem increase be in excess of $5.00 for any 12 month period 
20
    for an intermediate care facility for the developmentally 
21
    disabled with more than 16 beds, or in excess of $6.00 for 
22
    any 12 month period for an intermediate care facility for 
23
    the developmentally disabled with 16 beds or less.
24
        (4)  Any intermediate care facility for the 
25
    developmentally disabled is eligible to receive 
26
    reimbursement under this Section. A facility's eligibility 
 


 






SB3291 Enrolled
- 7 -
LRB096 17742 KTG 33107 b




1
    to receive reimbursement shall continue as long as the 
2
    facility maintains eligibility under paragraph (2) of this 
3
    subsection and the reimbursement program continues to 
4
    exist.
5
    (c) Audit. Reimbursement under this Section is subject to 
6
audit by the Department and shall be reduced or eliminated in 
7
the case of any facility that does not honor its commitment to 
8
increase spending to improve the wages and benefits of its 
9
employees or that decreases such spending. 
 

10
    Section 99. Effective date. This Act takes effect July 1, 
11
2010.