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Illinois House Bill HB4010

Illinois 2023-2024 Regular Session

Illinois House Bill HB4010 Compare Versions

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11 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
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4010 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
33 20 ILCS 505/5a from Ch. 23, par. 5005a 20 ILCS 505/5a from Ch. 23, par. 5005a
44 20 ILCS 505/5a from Ch. 23, par. 5005a
55 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.
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1111 1 AN ACT concerning State government.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Children and Family Services Act is amended
1515 5 by changing Sections 5a, 5b, and 5c as follows:
1616 6 (20 ILCS 505/5a) (from Ch. 23, par. 5005a)
1717 7 (Text of Section before amendment by P.A. 102-926)
1818 8 Sec. 5a. Reimbursable services for which the Department of
1919 9 Children and Family Services shall pay 100% of the reasonable
2020 10 cost pursuant to a written contract negotiated between the
2121 11 Department and the agency furnishing the services (which shall
2222 12 include but not be limited to the determination of reasonable
2323 13 cost, the services being purchased and the duration of the
2424 14 agreement) include, but are not limited to:
2525 15 SERVICE ACTIVITIES
2626 16 Adjunctive Therapy;
2727 17 Child Care Service, including day care;
2828 18 Clinical Therapy;
2929 19 Custodial Service;
3030 20 Field Work Students;
3131 21 Food Service;
3232 22 Normal Education;
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3636 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4010 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
3737 20 ILCS 505/5a from Ch. 23, par. 5005a 20 ILCS 505/5a from Ch. 23, par. 5005a
3838 20 ILCS 505/5a from Ch. 23, par. 5005a
3939 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.
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6767 1 In-Service Training;
6868 2 Intake or Evaluation, or both;
6969 3 Medical Services;
7070 4 Pass-through payments to foster parents;
7171 5 Recreation;
7272 6 Social Work or Counselling, or both;
7373 7 Supportive Staff;
7474 8 Volunteers.
7575 9 OBJECT EXPENSES
7676 10 Professional Fees and Contract Service Payments;
7777 11 Supplies;
7878 12 Technology infrastructure, including computers,
7979 13 equipment, software, and security services;
8080 14 Records, including electronic medical records;
8181 15 Telephone and Telegram;
8282 16 Occupancy;
8383 17 Local Transportation;
8484 18 Equipment and Other Fixed Assets, including amortization
8585 19 of same;
8686 20 Miscellaneous.
8787 21 ADMINISTRATIVE COSTS
8888 22 Program Administration;
8989 23 Supervision and Consultation;
9090 24 Inspection and Monitoring for purposes of issuing
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101101 1 licenses;
102102 2 Determination of Children who are eligible
103103 3 for federal or other reimbursement;
104104 4 Postage and Shipping;
105105 5 Outside Printing, Artwork, etc.;
106106 6 Subscriptions and Reference Publications;
107107 7 Management and General Expense.
108108 8 The Department shall not establish or enforce any rule,
109109 9 procedure, or contract term that reduces, limits, or restricts
110110 10 reimbursement to less than 100% of the reasonable cost for any
111111 11 object expenses, service activities, or administrative costs
112112 12 described in this Section.
113113 13 To ensure provider agencies have access to cash reserves
114114 14 for operations in the face of rising costs and increased
115115 15 expenses, provider agencies shall be allowed to retain all
116116 16 moneys received in excess of actual reimbursable costs so long
117117 17 as the provider agency invests the excess revenue in, and uses
118118 18 the excess revenue for any of the following: (i) direct
119119 19 service, (ii) object expenses, (iii) service activities, (iv)
120120 20 administrative costs, or (v) increasing positive cash flow, up
121121 21 to 3-months cash on hand, to ensure available funds for
122122 22 operations during the current and next fiscal year. The use of
123123 23 excess revenue shall be subject to review and audit consistent
124124 24 with the Department's certified audits, cost reports, and desk
125125 25 review procedures in the usual course. Reimbursement of
126126 26 administrative costs other than inspection and monitoring for
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137137 1 purposes of issuing licenses may not exceed 20% of the costs
138138 2 for other services.
139139 3 The Department may offer services to any child or family
140140 4 with respect to whom a report of suspected child abuse or
141141 5 neglect has been called in to the hotline after completion of a
142142 6 family assessment as provided under subsection (a-5) of
143143 7 Section 7.4 of the Abused and Neglected Child Reporting Act
144144 8 and the Department has determined that services are needed to
145145 9 address the safety of the child and other family members and
146146 10 the risk of subsequent maltreatment. Acceptance of such
147147 11 services shall be voluntary.
148148 12 All Object Expenses, Service Activities and Administrative
149149 13 Costs are allowable.
150150 14 If a survey instrument is used in the rate setting
151151 15 process:
152152 16 (a) with respect to any day care centers, it shall be
153153 17 limited to those agencies which receive reimbursement from
154154 18 the State;
155155 19 (b) the cost survey instrument shall be promulgated by
156156 20 rule;
157157 21 (c) any requirements of the respondents shall be
158158 22 promulgated by rule;
159159 23 (d) all screens, limits or other tests of
160160 24 reasonableness, allowability and reimbursability shall be
161161 25 promulgated by rule;
162162 26 (e) adjustments may be made by the Department to rates
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173173 1 when it determines that reported wage and salary levels
174174 2 are insufficient to attract capable caregivers in
175175 3 sufficient numbers.
176176 4 The Department of Children and Family Services may pay
177177 5 100% of the reasonable costs of research and valuation focused
178178 6 exclusively on services to youth in care. Such research
179179 7 projects must be approved, in advance, by the Director of the
180180 8 Department.
181181 9 In addition to reimbursements otherwise provided for in
182182 10 this Section, the Department of Human Services shall, in
183183 11 accordance with annual written agreements, make advance
184184 12 quarterly disbursements to local public agencies for child day
185185 13 care services with funds appropriated from the Local Effort
186186 14 Day Care Fund.
187187 15 Neither the Department of Children and Family Services nor
188188 16 the Department of Human Services shall pay or approve
189189 17 reimbursement for day care in a facility which is operating
190190 18 without a valid license or permit, except in the case of day
191191 19 care homes or day care centers which are exempt from the
192192 20 licensing requirements of the "Child Care Act of 1969".
193193 21 (Source: P.A. 100-159, eff. 8-18-17.)
194194 22 (Text of Section after amendment by P.A. 102-926)
195195 23 Sec. 5a. Reimbursable services for which the Department of
196196 24 Children and Family Services shall pay 100% of the reasonable
197197 25 cost pursuant to a written contract negotiated between the
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208208 1 Department and the agency furnishing the services (which shall
209209 2 include but not be limited to the determination of reasonable
210210 3 cost, the services being purchased and the duration of the
211211 4 agreement) include, but are not limited to:
212212 5 SERVICE ACTIVITIES
213213 6 Adjunctive Therapy;
214214 7 Child Care Service, including day care;
215215 8 Clinical Therapy;
216216 9 Custodial Service;
217217 10 Field Work Students;
218218 11 Food Service;
219219 12 Normal Education;
220220 13 In-Service Training;
221221 14 Intake or Evaluation, or both;
222222 15 Medical Services;
223223 16 Pass-through payments to foster parents;
224224 17 Recreation;
225225 18 Social Work or Counselling, or both;
226226 19 Supportive Staff;
227227 20 Volunteers.
228228 21 OBJECT EXPENSES
229229 22 Professional Fees and Contract Service Payments;
230230 23 Supplies;
231231 24 Technology infrastructure, including computers,
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242242 1 equipment, software, and security services;
243243 2 Records, including electronic medical records;
244244 3 Telephone and Telegram;
245245 4 Occupancy;
246246 5 Local Transportation;
247247 6 Equipment and Other Fixed Assets, including amortization
248248 7 of same;
249249 8 Miscellaneous.
250250 9 ADMINISTRATIVE COSTS
251251 10 Program Administration;
252252 11 Supervision and Consultation;
253253 12 Inspection and Monitoring for purposes of issuing
254254 13 licenses;
255255 14 Determination of Children who are eligible
256256 15 for federal or other reimbursement;
257257 16 Postage and Shipping;
258258 17 Outside Printing, Artwork, etc.;
259259 18 Subscriptions and Reference Publications;
260260 19 Management and General Expense.
261261 20 The Department shall not establish or enforce any rule,
262262 21 procedure, or contract term that reduces, limits, or restricts
263263 22 reimbursement to less than 100% of the reasonable cost for any
264264 23 object expenses, service activities, or administrative costs
265265 24 described in this Act.
266266 25 To ensure provider agencies have access to cash reserves
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277277 1 for operations in the face of rising costs and increased
278278 2 expenses, provider agencies shall be allowed to retain all
279279 3 moneys received in excess of actual reimbursable costs so long
280280 4 as the provider agency invests the excess revenue in, and uses
281281 5 the excess revenue for any of the following: (i) direct
282282 6 service, (ii) object expenses, (iii) service activities, (iv)
283283 7 administrative costs, or (v) increasing positive cash flow, up
284284 8 to 3-months cash on hand, to ensure available funds for
285285 9 operations during the current and next fiscal year. The use of
286286 10 excess revenue shall be subject to review and audit consistent
287287 11 with the Department's certified audits, cost reports, and desk
288288 12 review procedures in the usual course.
289289 13 Reimbursement of administrative costs other than inspection
290290 14 and monitoring for purposes of issuing licenses may not exceed
291291 15 20% of the costs for other services.
292292 16 The Department may offer services to any child or family
293293 17 with respect to whom a report of suspected child abuse or
294294 18 neglect has been called in to the hotline after completion of a
295295 19 family assessment as provided under subsection (a-5) of
296296 20 Section 7.4 of the Abused and Neglected Child Reporting Act
297297 21 and the Department has determined that services are needed to
298298 22 address the safety of the child and other family members and
299299 23 the risk of subsequent maltreatment. Acceptance of such
300300 24 services shall be voluntary.
301301 25 All Object Expenses, Service Activities and Administrative
302302 26 Costs are allowable.
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313313 1 If a survey instrument is used in the rate setting
314314 2 process:
315315 3 (a) with respect to any day care centers, it shall be
316316 4 limited to those agencies which receive reimbursement from
317317 5 the State;
318318 6 (b) the cost survey instrument shall be promulgated by
319319 7 rule;
320320 8 (c) any requirements of the respondents shall be
321321 9 promulgated by rule;
322322 10 (d) all screens, limits or other tests of
323323 11 reasonableness, allowability and reimbursability shall be
324324 12 promulgated by rule;
325325 13 (e) adjustments may be made by the Department to rates
326326 14 when it determines that reported wage and salary levels
327327 15 are insufficient to attract capable caregivers in
328328 16 sufficient numbers.
329329 17 The Department of Children and Family Services may pay
330330 18 100% of the reasonable costs of research and valuation focused
331331 19 exclusively on services to youth in care. Such research
332332 20 projects must be approved, in advance, by the Director of the
333333 21 Department.
334334 22 In addition to reimbursements otherwise provided for in
335335 23 this Section, the Department of Human Services shall, in
336336 24 accordance with annual written agreements, make advance
337337 25 quarterly disbursements to local public agencies for child day
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349349 1 Day Care Fund.
350350 2 Neither the Department of Children and Family Services nor
351351 3 the Department of Human Services shall pay or approve
352352 4 reimbursement for day care in a facility which is operating
353353 5 without a valid license or permit, except in the case of day
354354 6 care homes or day care centers which are exempt from the
355355 7 licensing requirements of the "Child Care Act of 1969".
356356 8 The rates paid to day care providers by the Department of
357357 9 Children and Family Services shall match the rates paid to
358358 10 child care providers by the Department of Human Services under
359359 11 the child care assistance program, including base rates and
360360 12 any relevant rate enhancements.
361361 13 (Source: P.A. 102-926, eff. 7-1-23.)
362362 14 Section 95. No acceleration or delay. Where this Act makes
363363 15 changes in a statute that is represented in this Act by text
364364 16 that is not yet or no longer in effect (for example, a Section
365365 17 represented by multiple versions), the use of that text does
366366 18 not accelerate or delay the taking effect of (i) the changes
367367 19 made by this Act or (ii) provisions derived from any other
368368 20 Public Act.
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