Illinois 2023-2024 Regular Session

Illinois House Bill HB3569 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3569 Introduced 2/17/2023, by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.35 new5 ILCS 100/5-45.36 new20 ILCS 1705/74305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4 Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that for community-based providers serving persons with intellectual or developmental disabilities, the rates taking effect for services delivered on or after January 1, 2024 shall be increased sufficiently to: (i) provide a minimum $4.00 per hour wage increase over the wages in for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support personnel, at the U.S. Department of Labor's average wage as defined in by the Department of Human Services. Amends the Illinois Public Aid Code. Provides that for ID/DD facilities and MC/DD facilities, the rates taking effect for services delivered on or after January 1, 2024 shall be increased sufficiently to: (i) provide a minimum $4.00 per hour wage increase over the wages in for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support personnel, at the U.S. Department of Labor's average wage as defined in rule by the Department of Healthcare and Family Services. Amends the Illinois Administrative Procedure Act. Grants the Departments of Human Services and Healthcare and Family Services emergency rulemaking authority. Effective immediately. LRB103 28364 SPS 54744 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3569 Introduced 2/17/2023, by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.35 new5 ILCS 100/5-45.36 new20 ILCS 1705/74305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4 5 ILCS 100/5-45.35 new 5 ILCS 100/5-45.36 new 20 ILCS 1705/74 305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4 Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that for community-based providers serving persons with intellectual or developmental disabilities, the rates taking effect for services delivered on or after January 1, 2024 shall be increased sufficiently to: (i) provide a minimum $4.00 per hour wage increase over the wages in for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support personnel, at the U.S. Department of Labor's average wage as defined in by the Department of Human Services. Amends the Illinois Public Aid Code. Provides that for ID/DD facilities and MC/DD facilities, the rates taking effect for services delivered on or after January 1, 2024 shall be increased sufficiently to: (i) provide a minimum $4.00 per hour wage increase over the wages in for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support personnel, at the U.S. Department of Labor's average wage as defined in rule by the Department of Healthcare and Family Services. Amends the Illinois Administrative Procedure Act. Grants the Departments of Human Services and Healthcare and Family Services emergency rulemaking authority. Effective immediately. LRB103 28364 SPS 54744 b LRB103 28364 SPS 54744 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3569 Introduced 2/17/2023, by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 100/5-45.35 new5 ILCS 100/5-45.36 new20 ILCS 1705/74305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4 5 ILCS 100/5-45.35 new 5 ILCS 100/5-45.36 new 20 ILCS 1705/74 305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4
4	4	5 ILCS 100/5-45.35 new
5	5	5 ILCS 100/5-45.36 new
6	6	20 ILCS 1705/74
7	7	305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4
8	8	Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that for community-based providers serving persons with intellectual or developmental disabilities, the rates taking effect for services delivered on or after January 1, 2024 shall be increased sufficiently to: (i) provide a minimum $4.00 per hour wage increase over the wages in for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support personnel, at the U.S. Department of Labor's average wage as defined in by the Department of Human Services. Amends the Illinois Public Aid Code. Provides that for ID/DD facilities and MC/DD facilities, the rates taking effect for services delivered on or after January 1, 2024 shall be increased sufficiently to: (i) provide a minimum $4.00 per hour wage increase over the wages in for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support personnel, at the U.S. Department of Labor's average wage as defined in rule by the Department of Healthcare and Family Services. Amends the Illinois Administrative Procedure Act. Grants the Departments of Human Services and Healthcare and Family Services emergency rulemaking authority. Effective immediately.
9	9	LRB103 28364 SPS 54744 b LRB103 28364 SPS 54744 b
10	10	LRB103 28364 SPS 54744 b
11	11	A BILL FOR
12	12	HB3569LRB103 28364 SPS 54744 b HB3569 LRB103 28364 SPS 54744 b
13	13	HB3569 LRB103 28364 SPS 54744 b
14	14	1 AN ACT concerning State government.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Illinois Administrative Procedure Act is
18	18	5 amended by adding Sections 5-45.35 and 5-45.36 as follows:
19	19	6 (5 ILCS 100/5-45.35 new)
20	20	7 Sec. 5-45.35. Emergency rulemaking; Mental Health and
21	21	8 Developmental Disabilities Administrative Act. To provide for
22	22	9 the expeditious and timely implementation of the changes made
23	23	10 to Section 74 of the Mental Health and Developmental
24	24	11 Disabilities Administrative Act by this amendatory Act of the
25	25	12 103rd General Assembly, emergency rules implementing the
26	26	13 changes made to Section 74 of the Mental Health and
27	27	14 Developmental Disabilities Administrative Act by this
28	28	15 amendatory Act of the 103rd General Assembly may be adopted in
29	29	16 accordance with Section 5-45 by the Department of Human
30	30	17 Services. The adoption of emergency rules authorized by
31	31	18 Section 5-45 and this Section is deemed to be necessary for the
32	32	19 public interest, safety, and welfare.
33	33	20 This Section is repealed one year after the effective date
34	34	21 of this amendatory Act of the 103rd General Assembly.
35	35	22 (5 ILCS 100/5-45.36 new)
36	36
37	37
38	38
39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3569 Introduced 2/17/2023, by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
40	40	5 ILCS 100/5-45.35 new5 ILCS 100/5-45.36 new20 ILCS 1705/74305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4 5 ILCS 100/5-45.35 new 5 ILCS 100/5-45.36 new 20 ILCS 1705/74 305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4
41	41	5 ILCS 100/5-45.35 new
42	42	5 ILCS 100/5-45.36 new
43	43	20 ILCS 1705/74
44	44	305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4
45	45	Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that for community-based providers serving persons with intellectual or developmental disabilities, the rates taking effect for services delivered on or after January 1, 2024 shall be increased sufficiently to: (i) provide a minimum $4.00 per hour wage increase over the wages in for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support personnel, at the U.S. Department of Labor's average wage as defined in by the Department of Human Services. Amends the Illinois Public Aid Code. Provides that for ID/DD facilities and MC/DD facilities, the rates taking effect for services delivered on or after January 1, 2024 shall be increased sufficiently to: (i) provide a minimum $4.00 per hour wage increase over the wages in for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support personnel, at the U.S. Department of Labor's average wage as defined in rule by the Department of Healthcare and Family Services. Amends the Illinois Administrative Procedure Act. Grants the Departments of Human Services and Healthcare and Family Services emergency rulemaking authority. Effective immediately.
46	46	LRB103 28364 SPS 54744 b LRB103 28364 SPS 54744 b
47	47	LRB103 28364 SPS 54744 b
48	48	A BILL FOR
49	49
50	50
51	51
52	52
53	53
54	54	5 ILCS 100/5-45.35 new
55	55	5 ILCS 100/5-45.36 new
56	56	20 ILCS 1705/74
57	57	305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4
58	58
59	59
60	60
61	61	LRB103 28364 SPS 54744 b
62	62
63	63
64	64
65	65
66	66
67	67
68	68
69	69
70	70
71	71	HB3569 LRB103 28364 SPS 54744 b
72	72
73	73
74	74	HB3569- 2 -LRB103 28364 SPS 54744 b HB3569 - 2 - LRB103 28364 SPS 54744 b
75	75	HB3569 - 2 - LRB103 28364 SPS 54744 b
76	76	1 Sec. 5-45.36. Emergency rulemaking; Illinois Public Aid
77	77	2 Code. To provide for the expeditious and timely implementation
78	78	3 of the changes made to Section 5-5.4 of the Illinois Public Aid
79	79	4 Code by this amendatory Act of the 103rd General Assembly,
80	80	5 emergency rules implementing the changes made to Section 5-5.4
81	81	6 of the Illinois Public Aid Code by this amendatory Act of the
82	82	7 103rd General Assembly may be adopted in accordance with
83	83	8 Section 5-45 by the Department of Healthcare and Family
84	84	9 Services. The adoption of emergency rules authorized by
85	85	10 Section 5-45 and this Section is deemed to be necessary for the
86	86	11 public interest, safety, and welfare.
87	87	12 This Section is repealed one year after the effective date
88	88	13 of this amendatory Act of the 103rd General Assembly.
89	89	14 Section 10. The Mental Health and Developmental
90	90	15 Disabilities Administrative Act is amended by changing Section
91	91	16 74 as follows:
92	92	17 (20 ILCS 1705/74)
93	93	18 Sec. 74. Rates and reimbursements.
94	94	19 (a) Within 30 days after July 6, 2017 (the effective date
95	95	20 of Public Act 100-23), the Department shall increase rates and
96	96	21 reimbursements to fund a minimum of a $0.75 per hour wage
97	97	22 increase for front-line personnel, including, but not limited
98	98	23 to, direct support professionals, aides, front-line
99	99	24 supervisors, qualified intellectual disabilities
100	100
101	101
102	102
103	103
104	104
105	105	HB3569 - 2 - LRB103 28364 SPS 54744 b
106	106
107	107
108	108	HB3569- 3 -LRB103 28364 SPS 54744 b HB3569 - 3 - LRB103 28364 SPS 54744 b
109	109	HB3569 - 3 - LRB103 28364 SPS 54744 b
110	110	1 professionals, nurses, and non-administrative support staff
111	111	2 working in community-based provider organizations serving
112	112	3 individuals with developmental disabilities. The Department
113	113	4 shall adopt rules, including emergency rules under subsection
114	114	5 (y) of Section 5-45 of the Illinois Administrative Procedure
115	115	6 Act, to implement the provisions of this Section.
116	116	7 (b) Rates and reimbursements. Within 30 days after June 4,
117	117	8 2018 (the effective date of Public Act 100-587) this
118	118	9 amendatory Act of the 100th General Assembly, the Department
119	119	10 shall increase rates and reimbursements to fund a minimum of a
120	120	11 $0.50 per hour wage increase for front-line personnel,
121	121	12 including, but not limited to, direct support professionals,
122	122	13 aides, front-line supervisors, qualified intellectual
123	123	14 disabilities professionals, nurses, and non-administrative
124	124	15 support staff working in community-based provider
125	125	16 organizations serving individuals with developmental
126	126	17 disabilities. The Department shall adopt rules, including
127	127	18 emergency rules under subsection (bb) of Section 5-45 of the
128	128	19 Illinois Administrative Procedure Act, to implement the
129	129	20 provisions of this Section.
130	130	21 (c) Rates and reimbursements. Within 30 days after June 5,
131	131	22 2019 (the effective date of Public Act 101-10) this amendatory
132	132	23 Act of the 101st General Assembly, subject to federal
133	133	24 approval, the Department shall increase rates and
134	134	25 reimbursements in effect on June 30, 2019 for community-based
135	135	26 providers for persons with Developmental Disabilities by 3.5%
136	136
137	137
138	138
139	139
140	140
141	141	HB3569 - 3 - LRB103 28364 SPS 54744 b
142	142
143	143
144	144	HB3569- 4 -LRB103 28364 SPS 54744 b HB3569 - 4 - LRB103 28364 SPS 54744 b
145	145	HB3569 - 4 - LRB103 28364 SPS 54744 b
146	146	1 The Department shall adopt rules, including emergency rules
147	147	2 under subsection (jj) of Section 5-45 of the Illinois
148	148	3 Administrative Procedure Act, to implement the provisions of
149	149	4 this Section, including wage increases for direct care staff.
150	150	5 (d) For community-based providers serving persons with
151	151	6 intellectual/developmental disabilities, subject to federal
152	152	7 approval of any relevant Waiver Amendment, the rates taking
153	153	8 effect for services delivered on or after January 1, 2022,
154	154	9 shall include an increase in the rate methodology sufficient
155	155	10 to provide a $1.50 per hour wage increase for direct support
156	156	11 professionals in residential settings and sufficient to
157	157	12 provide wages for all residential non-executive direct care
158	158	13 staff, excluding direct support professionals, at the federal
159	159	14 Department of Labor, Bureau of Labor Statistics' average wage
160	160	15 as defined in rule by the Department.
161	161	16 The establishment of and any changes to the rate
162	162	17 methodologies for community-based services provided to persons
163	163	18 with intellectual/developmental disabilities are subject to
164	164	19 federal approval of any relevant Waiver Amendment and shall be
165	165	20 defined in rule by the Department. The Department shall adopt
166	166	21 rules, including emergency rules as authorized by Section 5-45
167	167	22 of the Illinois Administrative Procedure Act, to implement the
168	168	23 provisions of this subsection (d).
169	169	24 (e) For community-based providers serving persons with
170	170	25 intellectual/developmental disabilities, subject to federal
171	171	26 approval of any relevant Waiver Amendment, the rates taking
172	172
173	173
174	174
175	175
176	176
177	177	HB3569 - 4 - LRB103 28364 SPS 54744 b
178	178
179	179
180	180	HB3569- 5 -LRB103 28364 SPS 54744 b HB3569 - 5 - LRB103 28364 SPS 54744 b
181	181	HB3569 - 5 - LRB103 28364 SPS 54744 b
182	182	1 effect for services delivered on or after January 1, 2023,
183	183	2 shall include an increase in the rate methodology sufficient
184	184	3 to provide a $1.00 per hour wage increase for all direct
185	185	4 support professionals personnel and all other frontline
186	186	5 personnel who are not subject to the Bureau of Labor
187	187	6 Statistics' average wage increases, who work in residential
188	188	7 and community day services settings, with at least $0.50 of
189	189	8 those funds to be provided as a direct increase to base wages,
190	190	9 with the remaining $0.50 to be used flexibly for base wage
191	191	10 increases. In addition, the rates taking effect for services
192	192	11 delivered on or after January 1, 2023 shall include an
193	193	12 increase sufficient to provide wages for all residential
194	194	13 non-executive direct care staff, excluding direct support
195	195	14 professionals personnel, at the federal Department of Labor,
196	196	15 Bureau of Labor Statistics' average wage as defined in rule by
197	197	16 the Department.
198	198	17 The establishment of and any changes to the rate
199	199	18 methodologies for community-based services provided to persons
200	200	19 with intellectual/developmental disabilities are subject to
201	201	20 federal approval of any relevant Waiver Amendment and shall be
202	202	21 defined in rule by the Department. The Department shall adopt
203	203	22 rules, including emergency rules as authorized by Section 5-45
204	204	23 of the Illinois Administrative Procedure Act, to implement the
205	205	24 provisions of this subsection.
206	206	25 (f) For community-based providers serving persons with
207	207	26 intellectual or developmental disabilities, subject to federal
208	208
209	209
210	210
211	211
212	212
213	213	HB3569 - 5 - LRB103 28364 SPS 54744 b
214	214
215	215
216	216	HB3569- 6 -LRB103 28364 SPS 54744 b HB3569 - 6 - LRB103 28364 SPS 54744 b
217	217	HB3569 - 6 - LRB103 28364 SPS 54744 b
218	218	1 approval of any relevant Waiver Amendment, the rates taking
219	219	2 effect for services delivered on or after January 1, 2024,
220	220	3 shall include an increase in the rate methodology sufficient
221	221	4 to provide a $4.00 per hour wage rate increase for all direct
222	222	5 support professionals and all other frontline personnel who
223	223	6 are not subject to the Bureau of Labor Statistics' average
224	224	7 wage increases, who work in residential and community day
225	225	8 services settings, with at least $2.00 of those funds to be
226	226	9 provided as a direct increase to base wages, with the
227	227	10 remaining $2.00 to be used flexibly for base wage increases.
228	228	11 In addition, the rates taking effect for services delivered on
229	229	12 or after January 1, 2024, shall include an increase sufficient
230	230	13 to provide wages for all residential non-executive direct care
231	231	14 staff, excluding direct support professionals, at the federal
232	232	15 Department of Labor, Bureau of Labor Statistics' average wage
233	233	16 as defined in rule by the Department. For services delivered
234	234	17 on or after January 1, 2024, the rates shall include
235	235	18 adjustments to employment-related expenses as defined in rule
236	236	19 by the Department.
237	237	20 The establishment of and any changes to the rate
238	238	21 methodologies for community-based services provided to persons
239	239	22 with intellectual or developmental disabilities are subject to
240	240	23 federal approval of any relevant Waiver Amendment and shall be
241	241	24 defined in rule by the Department. The Department shall adopt
242	242	25 rules, including emergency rules as authorized by Section 5-45
243	243	26 of the Illinois Administrative Procedure Act, to implement the
244	244
245	245
246	246
247	247
248	248
249	249	HB3569 - 6 - LRB103 28364 SPS 54744 b
250	250
251	251
252	252	HB3569- 7 -LRB103 28364 SPS 54744 b HB3569 - 7 - LRB103 28364 SPS 54744 b
253	253	HB3569 - 7 - LRB103 28364 SPS 54744 b
254	254	1 provisions of this subsection.
255	255	2 (Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21;
256	256	3 102-699, eff. 4-19-22; 102-830, eff. 1-1-23; revised
257	257	4 12-13-22.)
258	258	5 Section 15. The Illinois Public Aid Code is amended by
259	259	6 changing Section 5-5.4 as follows:
260	260	7 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
261	261	8 Sec. 5-5.4. Standards of Payment - Department of
262	262	9 Healthcare and Family Services. The Department of Healthcare
263	263	10 and Family Services shall develop standards of payment of
264	264	11 nursing facility and ICF/DD services in facilities providing
265	265	12 such services under this Article which:
266	266	13 (1) Provide for the determination of a facility's payment
267	267	14 for nursing facility or ICF/DD services on a prospective
268	268	15 basis. The amount of the payment rate for all nursing
269	269	16 facilities certified by the Department of Public Health under
270	270	17 the ID/DD Community Care Act or the Nursing Home Care Act as
271	271	18 Intermediate Care for the Developmentally Disabled facilities,
272	272	19 Long Term Care for Under Age 22 facilities, Skilled Nursing
273	273	20 facilities, or Intermediate Care facilities under the medical
274	274	21 assistance program shall be prospectively established annually
275	275	22 on the basis of historical, financial, and statistical data
276	276	23 reflecting actual costs from prior years, which shall be
277	277	24 applied to the current rate year and updated for inflation,
278	278
279	279
280	280
281	281
282	282
283	283	HB3569 - 7 - LRB103 28364 SPS 54744 b
284	284
285	285
286	286	HB3569- 8 -LRB103 28364 SPS 54744 b HB3569 - 8 - LRB103 28364 SPS 54744 b
287	287	HB3569 - 8 - LRB103 28364 SPS 54744 b
288	288	1 except that the capital cost element for newly constructed
289	289	2 facilities shall be based upon projected budgets. The annually
290	290	3 established payment rate shall take effect on July 1 in 1984
291	291	4 and subsequent years. No rate increase and no update for
292	292	5 inflation shall be provided on or after July 1, 1994, unless
293	293	6 specifically provided for in this Section. The changes made by
294	294	7 Public Act 93-841 extending the duration of the prohibition
295	295	8 against a rate increase or update for inflation are effective
296	296	9 retroactive to July 1, 2004.
297	297	10 For facilities licensed by the Department of Public Health
298	298	11 under the Nursing Home Care Act as Intermediate Care for the
299	299	12 Developmentally Disabled facilities or Long Term Care for
300	300	13 Under Age 22 facilities, the rates taking effect on July 1,
301	301	14 1998 shall include an increase of 3%. For facilities licensed
302	302	15 by the Department of Public Health under the Nursing Home Care
303	303	16 Act as Skilled Nursing facilities or Intermediate Care
304	304	17 facilities, the rates taking effect on July 1, 1998 shall
305	305	18 include an increase of 3% plus $1.10 per resident-day, as
306	306	19 defined by the Department. For facilities licensed by the
307	307	20 Department of Public Health under the Nursing Home Care Act as
308	308	21 Intermediate Care Facilities for the Developmentally Disabled
309	309	22 or Long Term Care for Under Age 22 facilities, the rates taking
310	310	23 effect on January 1, 2006 shall include an increase of 3%. For
311	311	24 facilities licensed by the Department of Public Health under
312	312	25 the Nursing Home Care Act as Intermediate Care Facilities for
313	313	26 the Developmentally Disabled or Long Term Care for Under Age
314	314
315	315
316	316
317	317
318	318
319	319	HB3569 - 8 - LRB103 28364 SPS 54744 b
320	320
321	321
322	322	HB3569- 9 -LRB103 28364 SPS 54744 b HB3569 - 9 - LRB103 28364 SPS 54744 b
323	323	HB3569 - 9 - LRB103 28364 SPS 54744 b
324	324	1 22 facilities, the rates taking effect on January 1, 2009
325	325	2 shall include an increase sufficient to provide a $0.50 per
326	326	3 hour wage increase for non-executive staff. For facilities
327	327	4 licensed by the Department of Public Health under the ID/DD
328	328	5 Community Care Act as ID/DD Facilities the rates taking effect
329	329	6 within 30 days after July 6, 2017 (the effective date of Public
330	330	7 Act 100-23) shall include an increase sufficient to provide a
331	331	8 $0.75 per hour wage increase for non-executive staff. The
332	332	9 Department shall adopt rules, including emergency rules under
333	333	10 subsection (y) of Section 5-45 of the Illinois Administrative
334	334	11 Procedure Act, to implement the provisions of this paragraph.
335	335	12 For facilities licensed by the Department of Public Health
336	336	13 under the ID/DD Community Care Act as ID/DD Facilities and
337	337	14 under the MC/DD Act as MC/DD Facilities, the rates taking
338	338	15 effect within 30 days after the effective date of this
339	339	16 amendatory Act of the 100th General Assembly shall include an
340	340	17 increase sufficient to provide a $0.50 per hour wage increase
341	341	18 for non-executive front-line personnel, including, but not
342	342	19 limited to, direct support persons, aides, front-line
343	343	20 supervisors, qualified intellectual disabilities
344	344	21 professionals, nurses, and non-administrative support staff.
345	345	22 The Department shall adopt rules, including emergency rules
346	346	23 under subsection (bb) of Section 5-45 of the Illinois
347	347	24 Administrative Procedure Act, to implement the provisions of
348	348	25 this paragraph.
349	349	26 For facilities licensed by the Department of Public Health
350	350
351	351
352	352
353	353
354	354
355	355	HB3569 - 9 - LRB103 28364 SPS 54744 b
356	356
357	357
358	358	HB3569- 10 -LRB103 28364 SPS 54744 b HB3569 - 10 - LRB103 28364 SPS 54744 b
359	359	HB3569 - 10 - LRB103 28364 SPS 54744 b
360	360	1 under the Nursing Home Care Act as Intermediate Care for the
361	361	2 Developmentally Disabled facilities or Long Term Care for
362	362	3 Under Age 22 facilities, the rates taking effect on July 1,
363	363	4 1999 shall include an increase of 1.6% plus $3.00 per
364	364	5 resident-day, as defined by the Department. For facilities
365	365	6 licensed by the Department of Public Health under the Nursing
366	366	7 Home Care Act as Skilled Nursing facilities or Intermediate
367	367	8 Care facilities, the rates taking effect on July 1, 1999 shall
368	368	9 include an increase of 1.6% and, for services provided on or
369	369	10 after October 1, 1999, shall be increased by $4.00 per
370	370	11 resident-day, as defined by the Department.
371	371	12 For facilities licensed by the Department of Public Health
372	372	13 under the Nursing Home Care Act as Intermediate Care for the
373	373	14 Developmentally Disabled facilities or Long Term Care for
374	374	15 Under Age 22 facilities, the rates taking effect on July 1,
375	375	16 2000 shall include an increase of 2.5% per resident-day, as
376	376	17 defined by the Department. For facilities licensed by the
377	377	18 Department of Public Health under the Nursing Home Care Act as
378	378	19 Skilled Nursing facilities or Intermediate Care facilities,
379	379	20 the rates taking effect on July 1, 2000 shall include an
380	380	21 increase of 2.5% per resident-day, as defined by the
381	381	22 Department.
382	382	23 For facilities licensed by the Department of Public Health
383	383	24 under the Nursing Home Care Act as skilled nursing facilities
384	384	25 or intermediate care facilities, a new payment methodology
385	385	26 must be implemented for the nursing component of the rate
386	386
387	387
388	388
389	389
390	390
391	391	HB3569 - 10 - LRB103 28364 SPS 54744 b
392	392
393	393
394	394	HB3569- 11 -LRB103 28364 SPS 54744 b HB3569 - 11 - LRB103 28364 SPS 54744 b
395	395	HB3569 - 11 - LRB103 28364 SPS 54744 b
396	396	1 effective July 1, 2003. The Department of Public Aid (now
397	397	2 Healthcare and Family Services) shall develop the new payment
398	398	3 methodology using the Minimum Data Set (MDS) as the instrument
399	399	4 to collect information concerning nursing home resident
400	400	5 condition necessary to compute the rate. The Department shall
401	401	6 develop the new payment methodology to meet the unique needs
402	402	7 of Illinois nursing home residents while remaining subject to
403	403	8 the appropriations provided by the General Assembly. A
404	404	9 transition period from the payment methodology in effect on
405	405	10 June 30, 2003 to the payment methodology in effect on July 1,
406	406	11 2003 shall be provided for a period not exceeding 3 years and
407	407	12 184 days after implementation of the new payment methodology
408	408	13 as follows:
409	409	14 (A) For a facility that would receive a lower nursing
410	410	15 component rate per patient day under the new system than
411	411	16 the facility received effective on the date immediately
412	412	17 preceding the date that the Department implements the new
413	413	18 payment methodology, the nursing component rate per
414	414	19 patient day for the facility shall be held at the level in
415	415	20 effect on the date immediately preceding the date that the
416	416	21 Department implements the new payment methodology until a
417	417	22 higher nursing component rate of reimbursement is achieved
418	418	23 by that facility.
419	419	24 (B) For a facility that would receive a higher nursing
420	420	25 component rate per patient day under the payment
421	421	26 methodology in effect on July 1, 2003 than the facility
422	422
423	423
424	424
425	425
426	426
427	427	HB3569 - 11 - LRB103 28364 SPS 54744 b
428	428
429	429
430	430	HB3569- 12 -LRB103 28364 SPS 54744 b HB3569 - 12 - LRB103 28364 SPS 54744 b
431	431	HB3569 - 12 - LRB103 28364 SPS 54744 b
432	432	1 received effective on the date immediately preceding the
433	433	2 date that the Department implements the new payment
434	434	3 methodology, the nursing component rate per patient day
435	435	4 for the facility shall be adjusted.
436	436	5 (C) Notwithstanding paragraphs (A) and (B), the
437	437	6 nursing component rate per patient day for the facility
438	438	7 shall be adjusted subject to appropriations provided by
439	439	8 the General Assembly.
440	440	9 For facilities licensed by the Department of Public Health
441	441	10 under the Nursing Home Care Act as Intermediate Care for the
442	442	11 Developmentally Disabled facilities or Long Term Care for
443	443	12 Under Age 22 facilities, the rates taking effect on March 1,
444	444	13 2001 shall include a statewide increase of 7.85%, as defined
445	445	14 by the Department.
446	446	15 Notwithstanding any other provision of this Section, for
447	447	16 facilities licensed by the Department of Public Health under
448	448	17 the Nursing Home Care Act as skilled nursing facilities or
449	449	18 intermediate care facilities, except facilities participating
450	450	19 in the Department's demonstration program pursuant to the
451	451	20 provisions of Title 77, Part 300, Subpart T of the Illinois
452	452	21 Administrative Code, the numerator of the ratio used by the
453	453	22 Department of Healthcare and Family Services to compute the
454	454	23 rate payable under this Section using the Minimum Data Set
455	455	24 (MDS) methodology shall incorporate the following annual
456	456	25 amounts as the additional funds appropriated to the Department
457	457	26 specifically to pay for rates based on the MDS nursing
458	458
459	459
460	460
461	461
462	462
463	463	HB3569 - 12 - LRB103 28364 SPS 54744 b
464	464
465	465
466	466	HB3569- 13 -LRB103 28364 SPS 54744 b HB3569 - 13 - LRB103 28364 SPS 54744 b
467	467	HB3569 - 13 - LRB103 28364 SPS 54744 b
468	468	1 component methodology in excess of the funding in effect on
469	469	2 December 31, 2006:
470	470	3 (i) For rates taking effect January 1, 2007,
471	471	4 $60,000,000.
472	472	5 (ii) For rates taking effect January 1, 2008,
473	473	6 $110,000,000.
474	474	7 (iii) For rates taking effect January 1, 2009,
475	475	8 $194,000,000.
476	476	9 (iv) For rates taking effect April 1, 2011, or the
477	477	10 first day of the month that begins at least 45 days after
478	478	11 the effective date of this amendatory Act of the 96th
479	479	12 General Assembly, $416,500,000 or an amount as may be
480	480	13 necessary to complete the transition to the MDS
481	481	14 methodology for the nursing component of the rate.
482	482	15 Increased payments under this item (iv) are not due and
483	483	16 payable, however, until (i) the methodologies described in
484	484	17 this paragraph are approved by the federal government in
485	485	18 an appropriate State Plan amendment and (ii) the
486	486	19 assessment imposed by Section 5B-2 of this Code is
487	487	20 determined to be a permissible tax under Title XIX of the
488	488	21 Social Security Act.
489	489	22 Notwithstanding any other provision of this Section, for
490	490	23 facilities licensed by the Department of Public Health under
491	491	24 the Nursing Home Care Act as skilled nursing facilities or
492	492	25 intermediate care facilities, the support component of the
493	493	26 rates taking effect on January 1, 2008 shall be computed using
494	494
495	495
496	496
497	497
498	498
499	499	HB3569 - 13 - LRB103 28364 SPS 54744 b
500	500
501	501
502	502	HB3569- 14 -LRB103 28364 SPS 54744 b HB3569 - 14 - LRB103 28364 SPS 54744 b
503	503	HB3569 - 14 - LRB103 28364 SPS 54744 b
504	504	1 the most recent cost reports on file with the Department of
505	505	2 Healthcare and Family Services no later than April 1, 2005,
506	506	3 updated for inflation to January 1, 2006.
507	507	4 For facilities licensed by the Department of Public Health
508	508	5 under the Nursing Home Care Act as Intermediate Care for the
509	509	6 Developmentally Disabled facilities or Long Term Care for
510	510	7 Under Age 22 facilities, the rates taking effect on April 1,
511	511	8 2002 shall include a statewide increase of 2.0%, as defined by
512	512	9 the Department. This increase terminates on July 1, 2002;
513	513	10 beginning July 1, 2002 these rates are reduced to the level of
514	514	11 the rates in effect on March 31, 2002, as defined by the
515	515	12 Department.
516	516	13 For facilities licensed by the Department of Public Health
517	517	14 under the Nursing Home Care Act as skilled nursing facilities
518	518	15 or intermediate care facilities, the rates taking effect on
519	519	16 July 1, 2001 shall be computed using the most recent cost
520	520	17 reports on file with the Department of Public Aid no later than
521	521	18 April 1, 2000, updated for inflation to January 1, 2001. For
522	522	19 rates effective July 1, 2001 only, rates shall be the greater
523	523	20 of the rate computed for July 1, 2001 or the rate effective on
524	524	21 June 30, 2001.
525	525	22 Notwithstanding any other provision of this Section, for
526	526	23 facilities licensed by the Department of Public Health under
527	527	24 the Nursing Home Care Act as skilled nursing facilities or
528	528	25 intermediate care facilities, the Illinois Department shall
529	529	26 determine by rule the rates taking effect on July 1, 2002,
530	530
531	531
532	532
533	533
534	534
535	535	HB3569 - 14 - LRB103 28364 SPS 54744 b
536	536
537	537
538	538	HB3569- 15 -LRB103 28364 SPS 54744 b HB3569 - 15 - LRB103 28364 SPS 54744 b
539	539	HB3569 - 15 - LRB103 28364 SPS 54744 b
540	540	1 which shall be 5.9% less than the rates in effect on June 30,
541	541	2 2002.
542	542	3 Notwithstanding any other provision of this Section, for
543	543	4 facilities licensed by the Department of Public Health under
544	544	5 the Nursing Home Care Act as skilled nursing facilities or
545	545	6 intermediate care facilities, if the payment methodologies
546	546	7 required under Section 5A-12 and the waiver granted under 42
547	547	8 CFR 433.68 are approved by the United States Centers for
548	548	9 Medicare and Medicaid Services, the rates taking effect on
549	549	10 July 1, 2004 shall be 3.0% greater than the rates in effect on
550	550	11 June 30, 2004. These rates shall take effect only upon
551	551	12 approval and implementation of the payment methodologies
552	552	13 required under Section 5A-12.
553	553	14 Notwithstanding any other provisions of this Section, for
554	554	15 facilities licensed by the Department of Public Health under
555	555	16 the Nursing Home Care Act as skilled nursing facilities or
556	556	17 intermediate care facilities, the rates taking effect on
557	557	18 January 1, 2005 shall be 3% more than the rates in effect on
558	558	19 December 31, 2004.
559	559	20 Notwithstanding any other provision of this Section, for
560	560	21 facilities licensed by the Department of Public Health under
561	561	22 the Nursing Home Care Act as skilled nursing facilities or
562	562	23 intermediate care facilities, effective January 1, 2009, the
563	563	24 per diem support component of the rates effective on January
564	564	25 1, 2008, computed using the most recent cost reports on file
565	565	26 with the Department of Healthcare and Family Services no later
566	566
567	567
568	568
569	569
570	570
571	571	HB3569 - 15 - LRB103 28364 SPS 54744 b
572	572
573	573
574	574	HB3569- 16 -LRB103 28364 SPS 54744 b HB3569 - 16 - LRB103 28364 SPS 54744 b
575	575	HB3569 - 16 - LRB103 28364 SPS 54744 b
576	576	1 than April 1, 2005, updated for inflation to January 1, 2006,
577	577	2 shall be increased to the amount that would have been derived
578	578	3 using standard Department of Healthcare and Family Services
579	579	4 methods, procedures, and inflators.
580	580	5 Notwithstanding any other provisions of this Section, for
581	581	6 facilities licensed by the Department of Public Health under
582	582	7 the Nursing Home Care Act as intermediate care facilities that
583	583	8 are federally defined as Institutions for Mental Disease, or
584	584	9 facilities licensed by the Department of Public Health under
585	585	10 the Specialized Mental Health Rehabilitation Act of 2013, a
586	586	11 socio-development component rate equal to 6.6% of the
587	587	12 facility's nursing component rate as of January 1, 2006 shall
588	588	13 be established and paid effective July 1, 2006. The
589	589	14 socio-development component of the rate shall be increased by
590	590	15 a factor of 2.53 on the first day of the month that begins at
591	591	16 least 45 days after January 11, 2008 (the effective date of
592	592	17 Public Act 95-707). As of August 1, 2008, the
593	593	18 socio-development component rate shall be equal to 6.6% of the
594	594	19 facility's nursing component rate as of January 1, 2006,
595	595	20 multiplied by a factor of 3.53. For services provided on or
596	596	21 after April 1, 2011, or the first day of the month that begins
597	597	22 at least 45 days after the effective date of this amendatory
598	598	23 Act of the 96th General Assembly, whichever is later, the
599	599	24 Illinois Department may by rule adjust these socio-development
600	600	25 component rates, and may use different adjustment
601	601	26 methodologies for those facilities participating, and those
602	602
603	603
604	604
605	605
606	606
607	607	HB3569 - 16 - LRB103 28364 SPS 54744 b
608	608
609	609
610	610	HB3569- 17 -LRB103 28364 SPS 54744 b HB3569 - 17 - LRB103 28364 SPS 54744 b
611	611	HB3569 - 17 - LRB103 28364 SPS 54744 b
612	612	1 not participating, in the Illinois Department's demonstration
613	613	2 program pursuant to the provisions of Title 77, Part 300,
614	614	3 Subpart T of the Illinois Administrative Code, but in no case
615	615	4 may such rates be diminished below those in effect on August 1,
616	616	5 2008.
617	617	6 For facilities licensed by the Department of Public Health
618	618	7 under the Nursing Home Care Act as Intermediate Care for the
619	619	8 Developmentally Disabled facilities or as long-term care
620	620	9 facilities for residents under 22 years of age, the rates
621	621	10 taking effect on July 1, 2003 shall include a statewide
622	622	11 increase of 4%, as defined by the Department.
623	623	12 For facilities licensed by the Department of Public Health
624	624	13 under the Nursing Home Care Act as Intermediate Care for the
625	625	14 Developmentally Disabled facilities or Long Term Care for
626	626	15 Under Age 22 facilities, the rates taking effect on the first
627	627	16 day of the month that begins at least 45 days after the
628	628	17 effective date of this amendatory Act of the 95th General
629	629	18 Assembly shall include a statewide increase of 2.5%, as
630	630	19 defined by the Department.
631	631	20 Notwithstanding any other provision of this Section, for
632	632	21 facilities licensed by the Department of Public Health under
633	633	22 the Nursing Home Care Act as skilled nursing facilities or
634	634	23 intermediate care facilities, effective January 1, 2005,
635	635	24 facility rates shall be increased by the difference between
636	636	25 (i) a facility's per diem property, liability, and malpractice
637	637	26 insurance costs as reported in the cost report filed with the
638	638
639	639
640	640
641	641
642	642
643	643	HB3569 - 17 - LRB103 28364 SPS 54744 b
644	644
645	645
646	646	HB3569- 18 -LRB103 28364 SPS 54744 b HB3569 - 18 - LRB103 28364 SPS 54744 b
647	647	HB3569 - 18 - LRB103 28364 SPS 54744 b
648	648	1 Department of Public Aid and used to establish rates effective
649	649	2 July 1, 2001 and (ii) those same costs as reported in the
650	650	3 facility's 2002 cost report. These costs shall be passed
651	651	4 through to the facility without caps or limitations, except
652	652	5 for adjustments required under normal auditing procedures.
653	653	6 Rates established effective each July 1 shall govern
654	654	7 payment for services rendered throughout that fiscal year,
655	655	8 except that rates established on July 1, 1996 shall be
656	656	9 increased by 6.8% for services provided on or after January 1,
657	657	10 1997. Such rates will be based upon the rates calculated for
658	658	11 the year beginning July 1, 1990, and for subsequent years
659	659	12 thereafter until June 30, 2001 shall be based on the facility
660	660	13 cost reports for the facility fiscal year ending at any point
661	661	14 in time during the previous calendar year, updated to the
662	662	15 midpoint of the rate year. The cost report shall be on file
663	663	16 with the Department no later than April 1 of the current rate
664	664	17 year. Should the cost report not be on file by April 1, the
665	665	18 Department shall base the rate on the latest cost report filed
666	666	19 by each skilled care facility and intermediate care facility,
667	667	20 updated to the midpoint of the current rate year. In
668	668	21 determining rates for services rendered on and after July 1,
669	669	22 1985, fixed time shall not be computed at less than zero. The
670	670	23 Department shall not make any alterations of regulations which
671	671	24 would reduce any component of the Medicaid rate to a level
672	672	25 below what that component would have been utilizing in the
673	673	26 rate effective on July 1, 1984.
674	674
675	675
676	676
677	677
678	678
679	679	HB3569 - 18 - LRB103 28364 SPS 54744 b
680	680
681	681
682	682	HB3569- 19 -LRB103 28364 SPS 54744 b HB3569 - 19 - LRB103 28364 SPS 54744 b
683	683	HB3569 - 19 - LRB103 28364 SPS 54744 b
684	684	1 (2) Shall take into account the actual costs incurred by
685	685	2 facilities in providing services for recipients of skilled
686	686	3 nursing and intermediate care services under the medical
687	687	4 assistance program.
688	688	5 (3) Shall take into account the medical and psycho-social
689	689	6 characteristics and needs of the patients.
690	690	7 (4) Shall take into account the actual costs incurred by
691	691	8 facilities in meeting licensing and certification standards
692	692	9 imposed and prescribed by the State of Illinois, any of its
693	693	10 political subdivisions or municipalities and by the U.S.
694	694	11 Department of Health and Human Services pursuant to Title XIX
695	695	12 of the Social Security Act.
696	696	13 The Department of Healthcare and Family Services shall
697	697	14 develop precise standards for payments to reimburse nursing
698	698	15 facilities for any utilization of appropriate rehabilitative
699	699	16 personnel for the provision of rehabilitative services which
700	700	17 is authorized by federal regulations, including reimbursement
701	701	18 for services provided by qualified therapists or qualified
702	702	19 assistants, and which is in accordance with accepted
703	703	20 professional practices. Reimbursement also may be made for
704	704	21 utilization of other supportive personnel under appropriate
705	705	22 supervision.
706	706	23 The Department shall develop enhanced payments to offset
707	707	24 the additional costs incurred by a facility serving
708	708	25 exceptional need residents and shall allocate at least
709	709	26 $4,000,000 of the funds collected from the assessment
710	710
711	711
712	712
713	713
714	714
715	715	HB3569 - 19 - LRB103 28364 SPS 54744 b
716	716
717	717
718	718	HB3569- 20 -LRB103 28364 SPS 54744 b HB3569 - 20 - LRB103 28364 SPS 54744 b
719	719	HB3569 - 20 - LRB103 28364 SPS 54744 b
720	720	1 established by Section 5B-2 of this Code for such payments.
721	721	2 For the purpose of this Section, "exceptional needs" means,
722	722	3 but need not be limited to, ventilator care and traumatic
723	723	4 brain injury care. The enhanced payments for exceptional need
724	724	5 residents under this paragraph are not due and payable,
725	725	6 however, until (i) the methodologies described in this
726	726	7 paragraph are approved by the federal government in an
727	727	8 appropriate State Plan amendment and (ii) the assessment
728	728	9 imposed by Section 5B-2 of this Code is determined to be a
729	729	10 permissible tax under Title XIX of the Social Security Act.
730	730	11 Beginning January 1, 2014 the methodologies for
731	731	12 reimbursement of nursing facility services as provided under
732	732	13 this Section 5-5.4 shall no longer be applicable for services
733	733	14 provided on or after January 1, 2014.
734	734	15 No payment increase under this Section for the MDS
735	735	16 methodology, exceptional care residents, or the
736	736	17 socio-development component rate established by Public Act
737	737	18 96-1530 of the 96th General Assembly and funded by the
738	738	19 assessment imposed under Section 5B-2 of this Code shall be
739	739	20 due and payable until after the Department notifies the
740	740	21 long-term care providers, in writing, that the payment
741	741	22 methodologies to long-term care providers required under this
742	742	23 Section have been approved by the Centers for Medicare and
743	743	24 Medicaid Services of the U.S. Department of Health and Human
744	744	25 Services and the waivers under 42 CFR 433.68 for the
745	745	26 assessment imposed by this Section, if necessary, have been
746	746
747	747
748	748
749	749
750	750
751	751	HB3569 - 20 - LRB103 28364 SPS 54744 b
752	752
753	753
754	754	HB3569- 21 -LRB103 28364 SPS 54744 b HB3569 - 21 - LRB103 28364 SPS 54744 b
755	755	HB3569 - 21 - LRB103 28364 SPS 54744 b
756	756	1 granted by the Centers for Medicare and Medicaid Services of
757	757	2 the U.S. Department of Health and Human Services. Upon
758	758	3 notification to the Department of approval of the payment
759	759	4 methodologies required under this Section and the waivers
760	760	5 granted under 42 CFR 433.68, all increased payments otherwise
761	761	6 due under this Section prior to the date of notification shall
762	762	7 be due and payable within 90 days of the date federal approval
763	763	8 is received.
764	764	9 On and after July 1, 2012, the Department shall reduce any
765	765	10 rate of reimbursement for services or other payments or alter
766	766	11 any methodologies authorized by this Code to reduce any rate
767	767	12 of reimbursement for services or other payments in accordance
768	768	13 with Section 5-5e.
769	769	14 For facilities licensed by the Department of Public Health
770	770	15 under the ID/DD Community Care Act as ID/DD Facilities and
771	771	16 under the MC/DD Act as MC/DD Facilities, subject to federal
772	772	17 approval, the rates taking effect for services delivered on or
773	773	18 after August 1, 2019 shall be increased by 3.5% over the rates
774	774	19 in effect on June 30, 2019. The Department shall adopt rules,
775	775	20 including emergency rules under subsection (ii) of Section
776	776	21 5-45 of the Illinois Administrative Procedure Act, to
777	777	22 implement the provisions of this Section, including wage
778	778	23 increases for direct care staff.
779	779	24 For facilities licensed by the Department of Public Health
780	780	25 under the ID/DD Community Care Act as ID/DD Facilities and
781	781	26 under the MC/DD Act as MC/DD Facilities, subject to federal
782	782
783	783
784	784
785	785
786	786
787	787	HB3569 - 21 - LRB103 28364 SPS 54744 b
788	788
789	789
790	790	HB3569- 22 -LRB103 28364 SPS 54744 b HB3569 - 22 - LRB103 28364 SPS 54744 b
791	791	HB3569 - 22 - LRB103 28364 SPS 54744 b
792	792	1 approval, the rates taking effect on the latter of the
793	793	2 approval date of the State Plan Amendment for these facilities
794	794	3 or the Waiver Amendment for the home and community-based
795	795	4 services settings shall include an increase sufficient to
796	796	5 provide a $0.26 per hour wage increase to the base wage for
797	797	6 non-executive staff. The Department shall adopt rules,
798	798	7 including emergency rules as authorized by Section 5-45 of the
799	799	8 Illinois Administrative Procedure Act, to implement the
800	800	9 provisions of this Section, including wage increases for
801	801	10 direct care staff.
802	802	11 For facilities licensed by the Department of Public Health
803	803	12 under the ID/DD Community Care Act as ID/DD Facilities and
804	804	13 under the MC/DD Act as MC/DD Facilities, subject to federal
805	805	14 approval of the State Plan Amendment and the Waiver Amendment
806	806	15 for the home and community-based services settings, the rates
807	807	16 taking effect for the services delivered on or after July 1,
808	808	17 2020 shall include an increase sufficient to provide a $1.00
809	809	18 per hour wage increase for non-executive staff. For services
810	810	19 delivered on or after January 1, 2021, subject to federal
811	811	20 approval of the State Plan Amendment and the Waiver Amendment
812	812	21 for the home and community-based services settings, shall
813	813	22 include an increase sufficient to provide a $0.50 per hour
814	814	23 increase for non-executive staff. The Department shall adopt
815	815	24 rules, including emergency rules as authorized by Section 5-45
816	816	25 of the Illinois Administrative Procedure Act, to implement the
817	817	26 provisions of this Section, including wage increases for
818	818
819	819
820	820
821	821
822	822
823	823	HB3569 - 22 - LRB103 28364 SPS 54744 b
824	824
825	825
826	826	HB3569- 23 -LRB103 28364 SPS 54744 b HB3569 - 23 - LRB103 28364 SPS 54744 b
827	827	HB3569 - 23 - LRB103 28364 SPS 54744 b
828	828	1 direct care staff.
829	829	2 For facilities licensed by the Department of Public Health
830	830	3 under the ID/DD Community Care Act as ID/DD Facilities and
831	831	4 under the MC/DD Act as MC/DD Facilities, subject to federal
832	832	5 approval of the State Plan Amendment, the rates taking effect
833	833	6 for the residential services delivered on or after July 1,
834	834	7 2021, shall include an increase sufficient to provide a $0.50
835	835	8 per hour increase for aides in the rate methodology. For
836	836	9 facilities licensed by the Department of Public Health under
837	837	10 the ID/DD Community Care Act as ID/DD Facilities and under the
838	838	11 MC/DD Act as MC/DD Facilities, subject to federal approval of
839	839	12 the State Plan Amendment, the rates taking effect for the
840	840	13 residential services delivered on or after January 1, 2022
841	841	14 shall include an increase sufficient to provide a $1.00 per
842	842	15 hour increase for aides in the rate methodology. In addition,
843	843	16 for residential services delivered on or after January 1, 2022
844	844	17 such rates shall include an increase sufficient to provide
845	845	18 wages for all residential non-executive direct care staff,
846	846	19 excluding aides, at the federal Department of Labor, Bureau of
847	847	20 Labor Statistics' average wage as defined in rule by the
848	848	21 Department. The Department shall adopt rules, including
849	849	22 emergency rules as authorized by Section 5-45 of the Illinois
850	850	23 Administrative Procedure Act, to implement the provisions of
851	851	24 this Section.
852	852	25 For facilities licensed by the Department of Public Health
853	853	26 under the ID/DD Community Care Act as ID/DD facilities and
854	854
855	855
856	856
857	857
858	858
859	859	HB3569 - 23 - LRB103 28364 SPS 54744 b
860	860
861	861
862	862	HB3569- 24 -LRB103 28364 SPS 54744 b HB3569 - 24 - LRB103 28364 SPS 54744 b
863	863	HB3569 - 24 - LRB103 28364 SPS 54744 b
864	864	1 under the MC/DD Act as MC/DD facilities, subject to federal
865	865	2 approval of the State Plan Amendment, the rates taking effect
866	866	3 for services delivered on or after January 1, 2023, shall
867	867	4 include a $1.00 per hour wage increase for all direct support
868	868	5 personnel and all other frontline personnel who are not
869	869	6 subject to the Bureau of Labor Statistics' average wage
870	870	7 increases, who work in residential and community day services
871	871	8 settings, with at least $0.50 of those funds to be provided as
872	872	9 a direct increase to all aide base wages, with the remaining
873	873	10 $0.50 to be used flexibly for base wage increases to the rate
874	874	11 methodology for aides. In addition, for residential services
875	875	12 delivered on or after January 1, 2023 the rates shall include
876	876	13 an increase sufficient to provide wages for all residential
877	877	14 non-executive direct care staff, excluding aides, at the
878	878	15 federal Department of Labor, Bureau of Labor Statistics'
879	879	16 average wage as determined by the Department. Also, for
880	880	17 services delivered on or after January 1, 2023, the rates will
881	881	18 include adjustments to employment-related expenses as defined
882	882	19 in rule by the Department. The Department shall adopt rules,
883	883	20 including emergency rules as authorized by Section 5-45 of the
884	884	21 Illinois Administrative Procedure Act, to implement the
885	885	22 provisions of this Section.
886	886	23 For facilities licensed by the Department of Public Health
887	887	24 under the ID/DD Community Care Act as ID/DD facilities and
888	888	25 under the MC/DD Act as MC/DD facilities, subject to federal
889	889	26 approval of the State Plan Amendment, the rates taking effect
890	890
891	891
892	892
893	893
894	894
895	895	HB3569 - 24 - LRB103 28364 SPS 54744 b
896	896
897	897
898	898	HB3569- 25 -LRB103 28364 SPS 54744 b HB3569 - 25 - LRB103 28364 SPS 54744 b
899	899	HB3569 - 25 - LRB103 28364 SPS 54744 b
900	900	1 for services delivered on or after January 1, 2024, shall
901	901	2 include a $4.00 per hour wage rate increase for all direct
902	902	3 support personnel and all other frontline personnel who are
903	903	4 not subject to the Bureau of Labor Statistics' average wage
904	904	5 increases, who work in residential and community day services
905	905	6 settings, with at least $2.00 of those funds to be provided as
906	906	7 a direct increase to all aide base wages, with the remaining
907	907	8 $2.00 to be used flexibly for base wage increases to the rate
908	908	9 methodology for aides. In addition, for residential services
909	909	10 delivered on or after January 1, 2024, the rates shall include
910	910	11 an increase sufficient to provide wages for all residential
911	911	12 non-executive direct care staff, excluding aides, at the
912	912	13 federal Department of Labor, Bureau of Labor Statistics'
913	913	14 average wage as determined by the Department. Also, for
914	914	15 services delivered on or after January 1, 2024, the rates will
915	915	16 include adjustments to employment-related expenses as defined
916	916	17 in rule by the Department. The Department shall adopt rules,
917	917	18 including emergency rules as authorized by Section 5-45 of the
918	918	19 Illinois Administrative Procedure Act, to implement the
919	919	20 provisions of this Section.
920	920	21 (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
921	921	22 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
922	922	23 Section 99. Effective date. This Act takes effect upon
923	923	24 becoming law.
924	924
925	925
926	926
927	927
928	928
929	929	HB3569 - 25 - LRB103 28364 SPS 54744 b