103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4010 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: 20 ILCS 505/5a from Ch. 23, par. 5005a Amends the Children and Family Services Act. In provisions concerning reimbursable services for which the Department of Children and Family Services shall pay 100% of the reasonable cost pursuant to a written contract negotiated between the Department and the agency furnishing the services, adds the following services to the list of reimbursable services: (i) pass-through payments to foster parents; (ii) technology infrastructure, including computers, equipment, software and security services; and (iii) records, including electronic medical records. Removes telegram services from the list of reimbursable services. Provides that the Department shall not establish or enforce any rule, procedure, or contract term that reduces, limits or restricts reimbursement to less than 100% of the reasonable cost for any object expenses, service activities, or administrative costs described in the amendatory Act. Provides that to ensure provider agencies have access to cash reserves for operations in the face of rising costs and increased expenses, provider agencies shall be allowed to retain all moneys received in excess of actual reimbursable costs so long as the provider agency invests the excess revenue in, and uses the excess revenue for: (1) direct service, (2) object expenses, (3) and other states purposes. Provides that the use of excess revenue shall be subject to review and audit consistent with the Department's certified audits, cost reports, and desk review procedures in the usual course. LRB103 31176 KTG 57994 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4010 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: 20 ILCS 505/5a from Ch. 23, par. 5005a 20 ILCS 505/5a from Ch. 23, par. 5005a Amends the Children and Family Services Act. In provisions concerning reimbursable services for which the Department of Children and Family Services shall pay 100% of the reasonable cost pursuant to a written contract negotiated between the Department and the agency furnishing the services, adds the following services to the list of reimbursable services: (i) pass-through payments to foster parents; (ii) technology infrastructure, including computers, equipment, software and security services; and (iii) records, including electronic medical records. Removes telegram services from the list of reimbursable services. Provides that the Department shall not establish or enforce any rule, procedure, or contract term that reduces, limits or restricts reimbursement to less than 100% of the reasonable cost for any object expenses, service activities, or administrative costs described in the amendatory Act. Provides that to ensure provider agencies have access to cash reserves for operations in the face of rising costs and increased expenses, provider agencies shall be allowed to retain all moneys received in excess of actual reimbursable costs so long as the provider agency invests the excess revenue in, and uses the excess revenue for: (1) direct service, (2) object expenses, (3) and other states purposes. Provides that the use of excess revenue shall be subject to review and audit consistent with the Department's certified audits, cost reports, and desk review procedures in the usual course. LRB103 31176 KTG 57994 b LRB103 31176 KTG 57994 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4010 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
20 ILCS 505/5a from Ch. 23, par. 5005a 20 ILCS 505/5a from Ch. 23, par. 5005a
20 ILCS 505/5a from Ch. 23, par. 5005a
Amends the Children and Family Services Act. In provisions concerning reimbursable services for which the Department of Children and Family Services shall pay 100% of the reasonable cost pursuant to a written contract negotiated between the Department and the agency furnishing the services, adds the following services to the list of reimbursable services: (i) pass-through payments to foster parents; (ii) technology infrastructure, including computers, equipment, software and security services; and (iii) records, including electronic medical records. Removes telegram services from the list of reimbursable services. Provides that the Department shall not establish or enforce any rule, procedure, or contract term that reduces, limits or restricts reimbursement to less than 100% of the reasonable cost for any object expenses, service activities, or administrative costs described in the amendatory Act. Provides that to ensure provider agencies have access to cash reserves for operations in the face of rising costs and increased expenses, provider agencies shall be allowed to retain all moneys received in excess of actual reimbursable costs so long as the provider agency invests the excess revenue in, and uses the excess revenue for: (1) direct service, (2) object expenses, (3) and other states purposes. Provides that the use of excess revenue shall be subject to review and audit consistent with the Department's certified audits, cost reports, and desk review procedures in the usual course.
LRB103 31176 KTG 57994 b LRB103 31176 KTG 57994 b
LRB103 31176 KTG 57994 b
A BILL FOR
HB4010LRB103 31176 KTG 57994 b HB4010 LRB103 31176 KTG 57994 b
HB4010 LRB103 31176 KTG 57994 b
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Children and Family Services Act is amended
5 by changing Sections 5a, 5b, and 5c as follows:
6 (20 ILCS 505/5a) (from Ch. 23, par. 5005a)
7 (Text of Section before amendment by P.A. 102-926)
8 Sec. 5a. Reimbursable services for which the Department of
9 Children and Family Services shall pay 100% of the reasonable
10 cost pursuant to a written contract negotiated between the
11 Department and the agency furnishing the services (which shall
12 include but not be limited to the determination of reasonable
13 cost, the services being purchased and the duration of the
14 agreement) include, but are not limited to:
15 SERVICE ACTIVITIES
16 Adjunctive Therapy;
17 Child Care Service, including day care;
18 Clinical Therapy;
19 Custodial Service;
20 Field Work Students;
21 Food Service;
22 Normal Education;
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4010 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
20 ILCS 505/5a from Ch. 23, par. 5005a 20 ILCS 505/5a from Ch. 23, par. 5005a
20 ILCS 505/5a from Ch. 23, par. 5005a
Amends the Children and Family Services Act. In provisions concerning reimbursable services for which the Department of Children and Family Services shall pay 100% of the reasonable cost pursuant to a written contract negotiated between the Department and the agency furnishing the services, adds the following services to the list of reimbursable services: (i) pass-through payments to foster parents; (ii) technology infrastructure, including computers, equipment, software and security services; and (iii) records, including electronic medical records. Removes telegram services from the list of reimbursable services. Provides that the Department shall not establish or enforce any rule, procedure, or contract term that reduces, limits or restricts reimbursement to less than 100% of the reasonable cost for any object expenses, service activities, or administrative costs described in the amendatory Act. Provides that to ensure provider agencies have access to cash reserves for operations in the face of rising costs and increased expenses, provider agencies shall be allowed to retain all moneys received in excess of actual reimbursable costs so long as the provider agency invests the excess revenue in, and uses the excess revenue for: (1) direct service, (2) object expenses, (3) and other states purposes. Provides that the use of excess revenue shall be subject to review and audit consistent with the Department's certified audits, cost reports, and desk review procedures in the usual course.
LRB103 31176 KTG 57994 b LRB103 31176 KTG 57994 b
LRB103 31176 KTG 57994 b
A BILL FOR
20 ILCS 505/5a from Ch. 23, par. 5005a
LRB103 31176 KTG 57994 b
HB4010 LRB103 31176 KTG 57994 b
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1 In-Service Training;
2 Intake or Evaluation, or both;
3 Medical Services;
4 Pass-through payments to foster parents;
5 Recreation;
6 Social Work or Counselling, or both;
7 Supportive Staff;
8 Volunteers.
9 OBJECT EXPENSES
10 Professional Fees and Contract Service Payments;
11 Supplies;
12 Technology infrastructure, including computers,
13 equipment, software, and security services;
14 Records, including electronic medical records;
15 Telephone and Telegram;
16 Occupancy;
17 Local Transportation;
18 Equipment and Other Fixed Assets, including amortization
19 of same;
20 Miscellaneous.
21 ADMINISTRATIVE COSTS
22 Program Administration;
23 Supervision and Consultation;
24 Inspection and Monitoring for purposes of issuing
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1 licenses;
2 Determination of Children who are eligible
3 for federal or other reimbursement;
4 Postage and Shipping;
5 Outside Printing, Artwork, etc.;
6 Subscriptions and Reference Publications;
7 Management and General Expense.
8 The Department shall not establish or enforce any rule,
9 procedure, or contract term that reduces, limits, or restricts
10 reimbursement to less than 100% of the reasonable cost for any
11 object expenses, service activities, or administrative costs
12 described in this Section.
13 To ensure provider agencies have access to cash reserves
14 for operations in the face of rising costs and increased
15 expenses, provider agencies shall be allowed to retain all
16 moneys received in excess of actual reimbursable costs so long
17 as the provider agency invests the excess revenue in, and uses
18 the excess revenue for any of the following: (i) direct
19 service, (ii) object expenses, (iii) service activities, (iv)
20 administrative costs, or (v) increasing positive cash flow, up
21 to 3-months cash on hand, to ensure available funds for
22 operations during the current and next fiscal year. The use of
23 excess revenue shall be subject to review and audit consistent
24 with the Department's certified audits, cost reports, and desk
25 review procedures in the usual course. Reimbursement of
26 administrative costs other than inspection and monitoring for
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1 purposes of issuing licenses may not exceed 20% of the costs
2 for other services.
3 The Department may offer services to any child or family
4 with respect to whom a report of suspected child abuse or
5 neglect has been called in to the hotline after completion of a
6 family assessment as provided under subsection (a-5) of
7 Section 7.4 of the Abused and Neglected Child Reporting Act
8 and the Department has determined that services are needed to
9 address the safety of the child and other family members and
10 the risk of subsequent maltreatment. Acceptance of such
11 services shall be voluntary.
12 All Object Expenses, Service Activities and Administrative
13 Costs are allowable.
14 If a survey instrument is used in the rate setting
15 process:
16 (a) with respect to any day care centers, it shall be
17 limited to those agencies which receive reimbursement from
18 the State;
19 (b) the cost survey instrument shall be promulgated by
20 rule;
21 (c) any requirements of the respondents shall be
22 promulgated by rule;
23 (d) all screens, limits or other tests of
24 reasonableness, allowability and reimbursability shall be
25 promulgated by rule;
26 (e) adjustments may be made by the Department to rates
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1 when it determines that reported wage and salary levels
2 are insufficient to attract capable caregivers in
3 sufficient numbers.
4 The Department of Children and Family Services may pay
5 100% of the reasonable costs of research and valuation focused
6 exclusively on services to youth in care. Such research
7 projects must be approved, in advance, by the Director of the
8 Department.
9 In addition to reimbursements otherwise provided for in
10 this Section, the Department of Human Services shall, in
11 accordance with annual written agreements, make advance
12 quarterly disbursements to local public agencies for child day
13 care services with funds appropriated from the Local Effort
14 Day Care Fund.
15 Neither the Department of Children and Family Services nor
16 the Department of Human Services shall pay or approve
17 reimbursement for day care in a facility which is operating
18 without a valid license or permit, except in the case of day
19 care homes or day care centers which are exempt from the
20 licensing requirements of the "Child Care Act of 1969".
21 (Source: P.A. 100-159, eff. 8-18-17.)
22 (Text of Section after amendment by P.A. 102-926)
23 Sec. 5a. Reimbursable services for which the Department of
24 Children and Family Services shall pay 100% of the reasonable
25 cost pursuant to a written contract negotiated between the
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1 Department and the agency furnishing the services (which shall
2 include but not be limited to the determination of reasonable
3 cost, the services being purchased and the duration of the
4 agreement) include, but are not limited to:
5 SERVICE ACTIVITIES
6 Adjunctive Therapy;
7 Child Care Service, including day care;
8 Clinical Therapy;
9 Custodial Service;
10 Field Work Students;
11 Food Service;
12 Normal Education;
13 In-Service Training;
14 Intake or Evaluation, or both;
15 Medical Services;
16 Pass-through payments to foster parents;
17 Recreation;
18 Social Work or Counselling, or both;
19 Supportive Staff;
20 Volunteers.
21 OBJECT EXPENSES
22 Professional Fees and Contract Service Payments;
23 Supplies;
24 Technology infrastructure, including computers,
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1 equipment, software, and security services;
2 Records, including electronic medical records;
3 Telephone and Telegram;
4 Occupancy;
5 Local Transportation;
6 Equipment and Other Fixed Assets, including amortization
7 of same;
8 Miscellaneous.
9 ADMINISTRATIVE COSTS
10 Program Administration;
11 Supervision and Consultation;
12 Inspection and Monitoring for purposes of issuing
13 licenses;
14 Determination of Children who are eligible
15 for federal or other reimbursement;
16 Postage and Shipping;
17 Outside Printing, Artwork, etc.;
18 Subscriptions and Reference Publications;
19 Management and General Expense.
20 The Department shall not establish or enforce any rule,
21 procedure, or contract term that reduces, limits, or restricts
22 reimbursement to less than 100% of the reasonable cost for any
23 object expenses, service activities, or administrative costs
24 described in this Act.
25 To ensure provider agencies have access to cash reserves
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1 for operations in the face of rising costs and increased
2 expenses, provider agencies shall be allowed to retain all
3 moneys received in excess of actual reimbursable costs so long
4 as the provider agency invests the excess revenue in, and uses
5 the excess revenue for any of the following: (i) direct
6 service, (ii) object expenses, (iii) service activities, (iv)
7 administrative costs, or (v) increasing positive cash flow, up
8 to 3-months cash on hand, to ensure available funds for
9 operations during the current and next fiscal year. The use of
10 excess revenue shall be subject to review and audit consistent
11 with the Department's certified audits, cost reports, and desk
12 review procedures in the usual course.
13 Reimbursement of administrative costs other than inspection
14 and monitoring for purposes of issuing licenses may not exceed
15 20% of the costs for other services.
16 The Department may offer services to any child or family
17 with respect to whom a report of suspected child abuse or
18 neglect has been called in to the hotline after completion of a
19 family assessment as provided under subsection (a-5) of
20 Section 7.4 of the Abused and Neglected Child Reporting Act
21 and the Department has determined that services are needed to
22 address the safety of the child and other family members and
23 the risk of subsequent maltreatment. Acceptance of such
24 services shall be voluntary.
25 All Object Expenses, Service Activities and Administrative
26 Costs are allowable.
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1 If a survey instrument is used in the rate setting
2 process:
3 (a) with respect to any day care centers, it shall be
4 limited to those agencies which receive reimbursement from
5 the State;
6 (b) the cost survey instrument shall be promulgated by
7 rule;
8 (c) any requirements of the respondents shall be
9 promulgated by rule;
10 (d) all screens, limits or other tests of
11 reasonableness, allowability and reimbursability shall be
12 promulgated by rule;
13 (e) adjustments may be made by the Department to rates
14 when it determines that reported wage and salary levels
15 are insufficient to attract capable caregivers in
16 sufficient numbers.
17 The Department of Children and Family Services may pay
18 100% of the reasonable costs of research and valuation focused
19 exclusively on services to youth in care. Such research
20 projects must be approved, in advance, by the Director of the
21 Department.
22 In addition to reimbursements otherwise provided for in
23 this Section, the Department of Human Services shall, in
24 accordance with annual written agreements, make advance
25 quarterly disbursements to local public agencies for child day
26 care services with funds appropriated from the Local Effort
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1 Day Care Fund.
2 Neither the Department of Children and Family Services nor
3 the Department of Human Services shall pay or approve
4 reimbursement for day care in a facility which is operating
5 without a valid license or permit, except in the case of day
6 care homes or day care centers which are exempt from the
7 licensing requirements of the "Child Care Act of 1969".
8 The rates paid to day care providers by the Department of
9 Children and Family Services shall match the rates paid to
10 child care providers by the Department of Human Services under
11 the child care assistance program, including base rates and
12 any relevant rate enhancements.
13 (Source: P.A. 102-926, eff. 7-1-23.)
14 Section 95. No acceleration or delay. Where this Act makes
15 changes in a statute that is represented in this Act by text
16 that is not yet or no longer in effect (for example, a Section
17 represented by multiple versions), the use of that text does
18 not accelerate or delay the taking effect of (i) the changes
19 made by this Act or (ii) provisions derived from any other
20 Public Act.
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