Illinois 2023-2024 Regular Session

Illinois House Bill HB4962 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 HB4962 Introduced 2/7/2024, by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.55 new20 ILCS 1705/55.5 new20 ILCS 1705/74305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4305 ILCS 5/5-5.4i Amends the Mental Health and Developmental Disabilities Administrative Act. Requires the Department of Human Services to establish reimbursement rates that build toward livable wages for front-line personnel in residential and day programs and service coordination agencies serving persons with intellectual and developmental disabilities. Provides that for community-based providers serving persons with intellectual or developmental disabilities, subject to federal approval, the rates taking effect for services delivered on or after July 1, 2024 shall be increased sufficiently to: (i) provide a minimum $3.00 per hour wage increase over the wages in effect on June 30, 2024 for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support professionals, at the U.S. Department of Labor's average wage as defined, by rule, by the Department. 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 July 1, 2024, shall be increased sufficiently to: (i) provide a minimum $3.00 per hour wage increase over the wages in effect on June 30, 2024 for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support professionals, at the U.S. Department of Labor's average wage as defined, by rule, by the Department. Requires the same increase for front-line personnel employed at community-based providers serving persons with intellectual or developmental disabilities. Amends the Illinois Administrative Procedure Act. Grants the Departments of Human Services and Healthcare and Family Services emergency rulemaking authority. Effective immediately. LRB103 37191 KTG 67310 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4962 Introduced 2/7/2024, by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.55 new20 ILCS 1705/55.5 new20 ILCS 1705/74305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4305 ILCS 5/5-5.4i 5 ILCS 100/5-45.55 new 20 ILCS 1705/55.5 new 20 ILCS 1705/74 305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4 305 ILCS 5/5-5.4i Amends the Mental Health and Developmental Disabilities Administrative Act. Requires the Department of Human Services to establish reimbursement rates that build toward livable wages for front-line personnel in residential and day programs and service coordination agencies serving persons with intellectual and developmental disabilities. Provides that for community-based providers serving persons with intellectual or developmental disabilities, subject to federal approval, the rates taking effect for services delivered on or after July 1, 2024 shall be increased sufficiently to: (i) provide a minimum $3.00 per hour wage increase over the wages in effect on June 30, 2024 for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support professionals, at the U.S. Department of Labor's average wage as defined, by rule, by the Department. 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 July 1, 2024, shall be increased sufficiently to: (i) provide a minimum $3.00 per hour wage increase over the wages in effect on June 30, 2024 for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support professionals, at the U.S. Department of Labor's average wage as defined, by rule, by the Department. Requires the same increase for front-line personnel employed at community-based providers serving persons with intellectual or developmental disabilities. Amends the Illinois Administrative Procedure Act. Grants the Departments of Human Services and Healthcare and Family Services emergency rulemaking authority. Effective immediately. LRB103 37191 KTG 67310 b LRB103 37191 KTG 67310 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4962 Introduced 2/7/2024, by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 100/5-45.55 new20 ILCS 1705/55.5 new20 ILCS 1705/74305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4305 ILCS 5/5-5.4i 5 ILCS 100/5-45.55 new 20 ILCS 1705/55.5 new 20 ILCS 1705/74 305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4 305 ILCS 5/5-5.4i
4	4	5 ILCS 100/5-45.55 new
5	5	20 ILCS 1705/55.5 new
6	6	20 ILCS 1705/74
7	7	305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4
8	8	305 ILCS 5/5-5.4i
9	9	Amends the Mental Health and Developmental Disabilities Administrative Act. Requires the Department of Human Services to establish reimbursement rates that build toward livable wages for front-line personnel in residential and day programs and service coordination agencies serving persons with intellectual and developmental disabilities. Provides that for community-based providers serving persons with intellectual or developmental disabilities, subject to federal approval, the rates taking effect for services delivered on or after July 1, 2024 shall be increased sufficiently to: (i) provide a minimum $3.00 per hour wage increase over the wages in effect on June 30, 2024 for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support professionals, at the U.S. Department of Labor's average wage as defined, by rule, by the Department. 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 July 1, 2024, shall be increased sufficiently to: (i) provide a minimum $3.00 per hour wage increase over the wages in effect on June 30, 2024 for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support professionals, at the U.S. Department of Labor's average wage as defined, by rule, by the Department. Requires the same increase for front-line personnel employed at community-based providers serving persons with intellectual or developmental disabilities. Amends the Illinois Administrative Procedure Act. Grants the Departments of Human Services and Healthcare and Family Services emergency rulemaking authority. Effective immediately.
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15	15	1 AN ACT concerning care for persons with developmental
16	16	2 disabilities.
17	17	3 Be it enacted by the People of the State of Illinois,
18	18	4 represented in the General Assembly:
19	19	5 Section 1. This Act may be referred to as the Community
20	20	6 Disability Living Wage Act.
21	21	7 Section 2. Findings.
22	22	8 (1) An estimated 22,000 children and adults with
23	23	9 intellectual and developmental disabilities are supported
24	24	10 in community-based settings in Illinois; direct support
25	25	11 professionals (DSPs), are trained paraprofessional staff
26	26	12 who are engaged in activities of daily living and
27	27	13 community support; too many of these employees earn wages
28	28	14 that place them and their families below the poverty
29	29	15 level.
30	30	16 (2) In Illinois, nearly half of direct care workers
31	31	17 rely on public assistance to make ends meet, creating
32	32	18 additional expenditures for State government; low wages
33	33	19 are a consequence of the historically low reimbursement
34	34	20 rates paid by the State of Illinois to community-based
35	35	21 service providers.
36	36	22 (3) The lack of adequate wages for employees who
37	37	23 perform the challenging work of supporting persons with
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41	41	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4962 Introduced 2/7/2024, by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
42	42	5 ILCS 100/5-45.55 new20 ILCS 1705/55.5 new20 ILCS 1705/74305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4305 ILCS 5/5-5.4i 5 ILCS 100/5-45.55 new 20 ILCS 1705/55.5 new 20 ILCS 1705/74 305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4 305 ILCS 5/5-5.4i
43	43	5 ILCS 100/5-45.55 new
44	44	20 ILCS 1705/55.5 new
45	45	20 ILCS 1705/74
46	46	305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4
47	47	305 ILCS 5/5-5.4i
48	48	Amends the Mental Health and Developmental Disabilities Administrative Act. Requires the Department of Human Services to establish reimbursement rates that build toward livable wages for front-line personnel in residential and day programs and service coordination agencies serving persons with intellectual and developmental disabilities. Provides that for community-based providers serving persons with intellectual or developmental disabilities, subject to federal approval, the rates taking effect for services delivered on or after July 1, 2024 shall be increased sufficiently to: (i) provide a minimum $3.00 per hour wage increase over the wages in effect on June 30, 2024 for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support professionals, at the U.S. Department of Labor's average wage as defined, by rule, by the Department. 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 July 1, 2024, shall be increased sufficiently to: (i) provide a minimum $3.00 per hour wage increase over the wages in effect on June 30, 2024 for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support professionals, at the U.S. Department of Labor's average wage as defined, by rule, by the Department. Requires the same increase for front-line personnel employed at community-based providers serving persons with intellectual or developmental disabilities. Amends the Illinois Administrative Procedure Act. Grants the Departments of Human Services and Healthcare and Family Services emergency rulemaking authority. Effective immediately.
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51	51	A BILL FOR
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57	57	5 ILCS 100/5-45.55 new
58	58	20 ILCS 1705/55.5 new
59	59	20 ILCS 1705/74
60	60	305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4
61	61	305 ILCS 5/5-5.4i
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80	80	1 intellectual and developmental disabilities results in
81	81	2 high employee turnover, which in turn negatively impacts
82	82	3 the quality of services provided, higher wages are proven
83	83	4 to reduce staff turnover, improving stability and quality
84	84	5 of services while reducing employer training costs.
85	85	6 (4) Rising wages in other sectors now mean, despite
86	86	7 the modest wage increase and strenuous efforts to recruit
87	87	8 new workers, agencies are experiencing DSP vacancy rates
88	88	9 of 25%; excessive vacancies force employers to rely more
89	89	10 on overtime, leading to staff burnout and driving up
90	90	11 costs.
91	91	12 (5) A December 2020 report issued by an independent
92	92	13 consulting group commissioned by the State to propose
93	93	14 changes to the State's reimbursement for community
94	94	15 disability agencies recommended that addressing DSP wages
95	95	16 was the number one priority for ensuring compliance with
96	96	17 the mandates of the Ligas Consent Decree, and further
97	97	18 recommended that wages for DSPs should be fixed at 150% of
98	98	19 the prevailing minimum wage plus additional funding for
99	99	20 benefits.
100	100	21 (6) The difference between 150% of the State minimum
101	101	22 wage on January 1, 2025 and the hourly DSP wage rate set by
102	102	23 the State amounts to $3.00 per hour.
103	103	24 (7) The General Assembly finds that in order to reduce
104	104	25 turnover, increase retention, fill vacancies, and ensure
105	105	26 DSPs are adequately compensated for the critically
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116	116	1 important work they do, an increase in rates and
117	117	2 reimbursements to community-based service providers to
118	118	3 effectuate an increase in the hourly wage paid to DSPs is
119	119	4 needed.
120	120	5 Section 3. Purpose and intent. It is the purpose of this
121	121	6 Act to increase the wages of DSPs and other front-line staff in
122	122	7 community disability agencies beyond the poverty level and to
123	123	8 a level competitive with rival employers and above the State
124	124	9 minimum wage, in an effort to improve the lives of DSPs and the
125	125	10 lives of the vulnerable persons they support.
126	126	11 It is the intent of the General Assembly to ensure that all
127	127	12 funds resulting from rate increases provided to community
128	128	13 disability agencies are allocated to front-line employee wages
129	129	14 in order to address the current workforce crisis which is the
130	130	15 primary obstacle to the availability of community-based
131	131	16 services for people with disabilities.
132	132	17 Section 5. The Illinois Administrative Procedure Act is
133	133	18 amended by adding Section 5-45.55 as follows:
134	134	19 (5 ILCS 100/5-45.55 new)
135	135	20 Sec. 5-45.55 Emergency rulemaking; Departments of Human
136	136	21 Services and Healthcare and Family Services. To provide for
137	137	22 the expeditious and timely implementation of changes made by
138	138	23 this amendatory Act of the 103rd General Assembly to Section
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149	149	1 74 of the Mental Health and Developmental Disabilities
150	150	2 Administrative Act and to Sections 5-5.4 and 5-5.4i of the
151	151	3 Illinois Public Aid Code, emergency rules implementing the
152	152	4 changes made by this amendatory Act of the 103rd General
153	153	5 Assembly to Section 74 of the Mental Health and Developmental
154	154	6 Disabilities Administrative Act and to Sections 5-5.4 and
155	155	7 5-5.4i of the Illinois Public Aid Code may be adopted in
156	156	8 accordance with Section 5-45 by the respective Department. The
157	157	9 adoption of emergency rules authorized by Section 5-45 and
158	158	10 this Section is deemed to be necessary for the public
159	159	11 interest, safety, and welfare.
160	160	12 This Section is repealed one year after the effective date
161	161	13 of this amendatory Act of the 103rd General Assembly.
162	162	14 Section 10. The Mental Health and Developmental
163	163	15 Disabilities Administrative Act is amended by changing Section
164	164	16 74 and by adding Section 55.5 as follows:
165	165	17 (20 ILCS 1705/55.5 new)
166	166	18 Sec. 55.5. Increased wages for front-line personnel. As
167	167	19 used in this Section, "front-line personnel" means direct
168	168	20 support professionals, aides, front-line supervisors, and
169	169	21 non-administrative support staff working in service settings
170	170	22 outlined in this Section.
171	171	23 The Department shall establish reimbursement rates that
172	172	24 build toward livable wages for front-line personnel in
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183	183	1 residential and day programs and service coordination agencies
184	184	2 serving persons with intellectual and developmental
185	185	3 disabilities under Section 54 of this Act, including, but not
186	186	4 limited to, intermediate care for the developmentally disabled
187	187	5 facilities, medically complex for the developmentally disabled
188	188	6 facilities, community-integrated living arrangements,
189	189	7 community day services, employment, and other residential and
190	190	8 day programs for persons with intellectual and developmental
191	191	9 disabilities supported by State funds or funding under Title
192	192	10 XIX of the federal Social Security Act.
193	193	11 The Department shall increase rates and reimbursements so
194	194	12 that by July 1, 2024 direct support professionals wages shall
195	195	13 be increased by $3.00 per hour, and so that other front-line
196	196	14 personnel earn a commensurate wage.
197	197	15 (20 ILCS 1705/74)
198	198	16 Sec. 74. Rates and reimbursements.
199	199	17 (a) Within 30 days after July 6, 2017 (the effective date
200	200	18 of Public Act 100-23), the Department shall increase rates and
201	201	19 reimbursements to fund a minimum of a $0.75 per hour wage
202	202	20 increase for front-line personnel, including, but not limited
203	203	21 to, direct support professionals, aides, front-line
204	204	22 supervisors, qualified intellectual disabilities
205	205	23 professionals, nurses, and non-administrative support staff
206	206	24 working in community-based provider organizations serving
207	207	25 individuals with developmental disabilities. The Department
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218	218	1 shall adopt rules, including emergency rules under subsection
219	219	2 (y) of Section 5-45 of the Illinois Administrative Procedure
220	220	3 Act, to implement the provisions of this Section.
221	221	4 (b) Rates and reimbursements. Within 30 days after June 4,
222	222	5 2018 (the effective date of Public Act 100-587), the
223	223	6 Department shall increase rates and reimbursements to fund a
224	224	7 minimum of a $0.50 per hour wage increase for front-line
225	225	8 personnel, including, but not limited to, direct support
226	226	9 professionals, aides, front-line supervisors, qualified
227	227	10 intellectual disabilities professionals, nurses, and
228	228	11 non-administrative support staff working in community-based
229	229	12 provider organizations serving individuals with developmental
230	230	13 disabilities. The Department shall adopt rules, including
231	231	14 emergency rules under subsection (bb) of Section 5-45 of the
232	232	15 Illinois Administrative Procedure Act, to implement the
233	233	16 provisions of this Section.
234	234	17 (c) Rates and reimbursements. Within 30 days after June 5,
235	235	18 2019 (the effective date of Public Act 101-10), subject to
236	236	19 federal approval, the Department shall increase rates and
237	237	20 reimbursements in effect on June 30, 2019 for community-based
238	238	21 providers for persons with Developmental Disabilities by 3.5%
239	239	22 The Department shall adopt rules, including emergency rules
240	240	23 under subsection (jj) of Section 5-45 of the Illinois
241	241	24 Administrative Procedure Act, to implement the provisions of
242	242	25 this Section, including wage increases for direct care staff.
243	243	26 (d) For community-based providers serving persons with
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254	254	1 intellectual/developmental disabilities, subject to federal
255	255	2 approval of any relevant Waiver Amendment, the rates taking
256	256	3 effect for services delivered on or after January 1, 2022,
257	257	4 shall include an increase in the rate methodology sufficient
258	258	5 to provide a $1.50 per hour wage increase for direct support
259	259	6 professionals in residential settings and sufficient to
260	260	7 provide wages for all residential non-executive direct care
261	261	8 staff, excluding direct support professionals, at the federal
262	262	9 Department of Labor, Bureau of Labor Statistics' average wage
263	263	10 as defined in rule by the Department.
264	264	11 The establishment of and any changes to the rate
265	265	12 methodologies for community-based services provided to persons
266	266	13 with intellectual/developmental disabilities are subject to
267	267	14 federal approval of any relevant Waiver Amendment and shall be
268	268	15 defined in rule by the Department. The Department shall adopt
269	269	16 rules, including emergency rules as authorized by Section 5-45
270	270	17 of the Illinois Administrative Procedure Act, to implement the
271	271	18 provisions of this subsection (d).
272	272	19 (e) For community-based providers serving persons with
273	273	20 intellectual/developmental disabilities, subject to federal
274	274	21 approval of any relevant Waiver Amendment, the rates taking
275	275	22 effect for services delivered on or after January 1, 2023,
276	276	23 shall include an increase in the rate methodology sufficient
277	277	24 to provide a $1.00 per hour wage increase for all direct
278	278	25 support professionals and all other frontline personnel who
279	279	26 are not subject to the Bureau of Labor Statistics' average
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290	290	1 wage increases, who work in residential and community day
291	291	2 services settings, with at least $0.50 of those funds to be
292	292	3 provided as a direct increase to base wages, with the
293	293	4 remaining $0.50 to be used flexibly for base wage increases.
294	294	5 In addition, the rates taking effect for services delivered on
295	295	6 or after January 1, 2023 shall include an increase sufficient
296	296	7 to provide wages for all residential non-executive direct care
297	297	8 staff, excluding direct support professionals, at the federal
298	298	9 Department of Labor, Bureau of Labor Statistics' average wage
299	299	10 as defined in rule by the Department.
300	300	11 The establishment of and any changes to the rate
301	301	12 methodologies for community-based services provided to persons
302	302	13 with intellectual/developmental disabilities are subject to
303	303	14 federal approval of any relevant Waiver Amendment and shall be
304	304	15 defined in rule by the Department. The Department shall adopt
305	305	16 rules, including emergency rules as authorized by Section 5-45
306	306	17 of the Illinois Administrative Procedure Act, to implement the
307	307	18 provisions of this subsection.
308	308	19 (f) For community-based providers serving persons with
309	309	20 intellectual/developmental disabilities, subject to federal
310	310	21 approval of any relevant Waiver Amendment, the rates taking
311	311	22 effect for services delivered on or after January 1, 2024
312	312	23 shall include an increase in the rate methodology sufficient
313	313	24 to provide a $2.50 per hour wage increase for all direct
314	314	25 support professionals and all other frontline personnel who
315	315	26 are not subject to the Bureau of Labor Statistics' average
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326	326	1 wage increases and who work in residential and community day
327	327	2 services settings. At least $1.25 of the per hour wage
328	328	3 increase shall be provided as a direct increase to base wages,
329	329	4 and the remaining $1.25 of the per hour wage increase shall be
330	330	5 used flexibly for base wage increases. In addition, the rates
331	331	6 taking effect for services delivered on or after January 1,
332	332	7 2024 shall include an increase sufficient to provide wages for
333	333	8 all residential non-executive direct care staff, excluding
334	334	9 direct support professionals, at the federal Department of
335	335	10 Labor, Bureau of Labor Statistics' average wage as defined in
336	336	11 rule by the Department.
337	337	12 The establishment of and any changes to the rate
338	338	13 methodologies for community-based services provided to persons
339	339	14 with intellectual/developmental disabilities are subject to
340	340	15 federal approval of any relevant Waiver Amendment and shall be
341	341	16 defined in rule by the Department. The Department shall adopt
342	342	17 rules, including emergency rules as authorized by Section 5-45
343	343	18 of the Illinois Administrative Procedure Act, to implement the
344	344	19 provisions of this subsection.
345	345	20 (g) For community-based providers serving persons with
346	346	21 intellectual or developmental disabilities, subject to federal
347	347	22 approval, the rates taking effect for services delivered on or
348	348	23 after July 1, 2024 shall be increased sufficiently to provide
349	349	24 a minimum $3.00 per hour wage increase over the wages in effect
350	350	25 on June 30, 2024 for front-line personnel, including, but not
351	351	26 limited to, direct support professionals, aides, front-line
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362	362	1 supervisors, and non-administrative support staff working in
363	363	2 community-based provider organizations serving individuals
364	364	3 with developmental disabilities, and sufficient to provide
365	365	4 wages for all other residential non-executive direct care
366	366	5 staff, excluding direct support professionals, at the U.S.
367	367	6 Department of Labor, Bureau of Labor Statistics' average wage
368	368	7 as defined, by rule, by the Department. The Department shall
369	369	8 adopt rules, including emergency rules in accordance with the
370	370	9 Illinois Administrative Procedure Act, to implement the
371	371	10 provisions of this subsection.
372	372	11 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
373	373	12 102-830, eff. 1-1-23; 103-8, eff. 6-7-23; 103-154, eff.
374	374	13 6-30-23.)
375	375	14 Section 15. The Illinois Public Aid Code is amended by
376	376	15 changing Sections 5-5.4 and 5-5.4i as follows:
377	377	16 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
378	378	17 Sec. 5-5.4. Standards of Payment - Department of
379	379	18 Healthcare and Family Services. The Department of Healthcare
380	380	19 and Family Services shall develop standards of payment of
381	381	20 nursing facility and ICF/DD services in facilities providing
382	382	21 such services under this Article which:
383	383	22 (1) Provide for the determination of a facility's payment
384	384	23 for nursing facility or ICF/DD services on a prospective
385	385	24 basis. The amount of the payment rate for all nursing
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395	395	HB4962 - 11 - LRB103 37191 KTG 67310 b
396	396	1 facilities certified by the Department of Public Health under
397	397	2 the ID/DD Community Care Act or the Nursing Home Care Act as
398	398	3 Intermediate Care for the Developmentally Disabled facilities,
399	399	4 Long Term Care for Under Age 22 facilities, Skilled Nursing
400	400	5 facilities, or Intermediate Care facilities under the medical
401	401	6 assistance program shall be prospectively established annually
402	402	7 on the basis of historical, financial, and statistical data
403	403	8 reflecting actual costs from prior years, which shall be
404	404	9 applied to the current rate year and updated for inflation,
405	405	10 except that the capital cost element for newly constructed
406	406	11 facilities shall be based upon projected budgets. The annually
407	407	12 established payment rate shall take effect on July 1 in 1984
408	408	13 and subsequent years. No rate increase and no update for
409	409	14 inflation shall be provided on or after July 1, 1994, unless
410	410	15 specifically provided for in this Section. The changes made by
411	411	16 Public Act 93-841 extending the duration of the prohibition
412	412	17 against a rate increase or update for inflation are effective
413	413	18 retroactive to July 1, 2004.
414	414	19 For facilities licensed by the Department of Public Health
415	415	20 under the Nursing Home Care Act as Intermediate Care for the
416	416	21 Developmentally Disabled facilities or Long Term Care for
417	417	22 Under Age 22 facilities, the rates taking effect on July 1,
418	418	23 1998 shall include an increase of 3%. For facilities licensed
419	419	24 by the Department of Public Health under the Nursing Home Care
420	420	25 Act as Skilled Nursing facilities or Intermediate Care
421	421	26 facilities, the rates taking effect on July 1, 1998 shall
422	422
423	423
424	424
425	425
426	426
427	427	HB4962 - 11 - LRB103 37191 KTG 67310 b
428	428
429	429
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431	431	HB4962 - 12 - LRB103 37191 KTG 67310 b
432	432	1 include an increase of 3% plus $1.10 per resident-day, as
433	433	2 defined by the Department. For facilities licensed by the
434	434	3 Department of Public Health under the Nursing Home Care Act as
435	435	4 Intermediate Care Facilities for the Developmentally Disabled
436	436	5 or Long Term Care for Under Age 22 facilities, the rates taking
437	437	6 effect on January 1, 2006 shall include an increase of 3%. For
438	438	7 facilities licensed by the Department of Public Health under
439	439	8 the Nursing Home Care Act as Intermediate Care Facilities for
440	440	9 the Developmentally Disabled or Long Term Care for Under Age
441	441	10 22 facilities, the rates taking effect on January 1, 2009
442	442	11 shall include an increase sufficient to provide a $0.50 per
443	443	12 hour wage increase for non-executive staff. For facilities
444	444	13 licensed by the Department of Public Health under the ID/DD
445	445	14 Community Care Act as ID/DD Facilities the rates taking effect
446	446	15 within 30 days after July 6, 2017 (the effective date of Public
447	447	16 Act 100-23) shall include an increase sufficient to provide a
448	448	17 $0.75 per hour wage increase for non-executive staff. The
449	449	18 Department shall adopt rules, including emergency rules under
450	450	19 subsection (y) of Section 5-45 of the Illinois Administrative
451	451	20 Procedure Act, to implement the provisions of this paragraph.
452	452	21 For facilities licensed by the Department of Public Health
453	453	22 under the ID/DD Community Care Act as ID/DD Facilities and
454	454	23 under the MC/DD Act as MC/DD Facilities, the rates taking
455	455	24 effect within 30 days after June 5, 2019 (the effective date of
456	456	25 Public Act 101-10) shall include an increase sufficient to
457	457	26 provide a $0.50 per hour wage increase for non-executive
458	458
459	459
460	460
461	461
462	462
463	463	HB4962 - 12 - LRB103 37191 KTG 67310 b
464	464
465	465
466	466	HB4962- 13 -LRB103 37191 KTG 67310 b HB4962 - 13 - LRB103 37191 KTG 67310 b
467	467	HB4962 - 13 - LRB103 37191 KTG 67310 b
468	468	1 front-line personnel, including, but not limited to, direct
469	469	2 support persons, aides, front-line supervisors, qualified
470	470	3 intellectual disabilities professionals, nurses, and
471	471	4 non-administrative support staff. The Department shall adopt
472	472	5 rules, including emergency rules under subsection (bb) of
473	473	6 Section 5-45 of the Illinois Administrative Procedure Act, to
474	474	7 implement the provisions of this paragraph.
475	475	8 For facilities licensed by the Department of Public Health
476	476	9 under the ID/DD Community Care Act as ID/DD facilities and
477	477	10 under the MC/DD Act as MC/DD facilities, subject to federal
478	478	11 approval, the rates taking effect for services delivered on or
479	479	12 after July 1, 2024, shall be increased sufficiently to provide
480	480	13 a minimum $3.00 per hour wage increase over the wages in effect
481	481	14 on June 30, 2024 for front-line personnel, including, but not
482	482	15 limited to, direct support professionals, aides, front-line
483	483	16 supervisors, and non-administrative support staff working in
484	484	17 community-based provider organizations serving individuals
485	485	18 with developmental disabilities, and sufficient to provide
486	486	19 wages for all other residential non-executive direct care
487	487	20 staff, excluding direct support professionals, at the U.S.
488	488	21 Department of Labor, Bureau of Labor Statistics' average wage
489	489	22 as defined, by rule, by the Department. The Department shall
490	490	23 adopt rules, including emergency rules in accordance with the
491	491	24 Illinois Administrative Procedure Act, to implement the
492	492	25 provisions of this paragraph.
493	493	26 For facilities licensed by the Department of Public Health
494	494
495	495
496	496
497	497
498	498
499	499	HB4962 - 13 - LRB103 37191 KTG 67310 b
500	500
501	501
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503	503	HB4962 - 14 - LRB103 37191 KTG 67310 b
504	504	1 under the Nursing Home Care Act as Intermediate Care for the
505	505	2 Developmentally Disabled facilities or Long Term Care for
506	506	3 Under Age 22 facilities, the rates taking effect on July 1,
507	507	4 1999 shall include an increase of 1.6% plus $3.00 per
508	508	5 resident-day, as defined by the Department. For facilities
509	509	6 licensed by the Department of Public Health under the Nursing
510	510	7 Home Care Act as Skilled Nursing facilities or Intermediate
511	511	8 Care facilities, the rates taking effect on July 1, 1999 shall
512	512	9 include an increase of 1.6% and, for services provided on or
513	513	10 after October 1, 1999, shall be increased by $4.00 per
514	514	11 resident-day, as defined by the Department.
515	515	12 For facilities licensed by the Department of Public Health
516	516	13 under the Nursing Home Care Act as Intermediate Care for the
517	517	14 Developmentally Disabled facilities or Long Term Care for
518	518	15 Under Age 22 facilities, the rates taking effect on July 1,
519	519	16 2000 shall include an increase of 2.5% per resident-day, as
520	520	17 defined by the Department. For facilities licensed by the
521	521	18 Department of Public Health under the Nursing Home Care Act as
522	522	19 Skilled Nursing facilities or Intermediate Care facilities,
523	523	20 the rates taking effect on July 1, 2000 shall include an
524	524	21 increase of 2.5% per resident-day, as defined by the
525	525	22 Department.
526	526	23 For facilities licensed by the Department of Public Health
527	527	24 under the Nursing Home Care Act as skilled nursing facilities
528	528	25 or intermediate care facilities, a new payment methodology
529	529	26 must be implemented for the nursing component of the rate
530	530
531	531
532	532
533	533
534	534
535	535	HB4962 - 14 - LRB103 37191 KTG 67310 b
536	536
537	537
538	538	HB4962- 15 -LRB103 37191 KTG 67310 b HB4962 - 15 - LRB103 37191 KTG 67310 b
539	539	HB4962 - 15 - LRB103 37191 KTG 67310 b
540	540	1 effective July 1, 2003. The Department of Public Aid (now
541	541	2 Healthcare and Family Services) shall develop the new payment
542	542	3 methodology using the Minimum Data Set (MDS) as the instrument
543	543	4 to collect information concerning nursing home resident
544	544	5 condition necessary to compute the rate. The Department shall
545	545	6 develop the new payment methodology to meet the unique needs
546	546	7 of Illinois nursing home residents while remaining subject to
547	547	8 the appropriations provided by the General Assembly. A
548	548	9 transition period from the payment methodology in effect on
549	549	10 June 30, 2003 to the payment methodology in effect on July 1,
550	550	11 2003 shall be provided for a period not exceeding 3 years and
551	551	12 184 days after implementation of the new payment methodology
552	552	13 as follows:
553	553	14 (A) For a facility that would receive a lower nursing
554	554	15 component rate per patient day under the new system than
555	555	16 the facility received effective on the date immediately
556	556	17 preceding the date that the Department implements the new
557	557	18 payment methodology, the nursing component rate per
558	558	19 patient day for the facility shall be held at the level in
559	559	20 effect on the date immediately preceding the date that the
560	560	21 Department implements the new payment methodology until a
561	561	22 higher nursing component rate of reimbursement is achieved
562	562	23 by that facility.
563	563	24 (B) For a facility that would receive a higher nursing
564	564	25 component rate per patient day under the payment
565	565	26 methodology in effect on July 1, 2003 than the facility
566	566
567	567
568	568
569	569
570	570
571	571	HB4962 - 15 - LRB103 37191 KTG 67310 b
572	572
573	573
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575	575	HB4962 - 16 - LRB103 37191 KTG 67310 b
576	576	1 received effective on the date immediately preceding the
577	577	2 date that the Department implements the new payment
578	578	3 methodology, the nursing component rate per patient day
579	579	4 for the facility shall be adjusted.
580	580	5 (C) Notwithstanding paragraphs (A) and (B), the
581	581	6 nursing component rate per patient day for the facility
582	582	7 shall be adjusted subject to appropriations provided by
583	583	8 the General Assembly.
584	584	9 For facilities licensed by the Department of Public Health
585	585	10 under the Nursing Home Care Act as Intermediate Care for the
586	586	11 Developmentally Disabled facilities or Long Term Care for
587	587	12 Under Age 22 facilities, the rates taking effect on March 1,
588	588	13 2001 shall include a statewide increase of 7.85%, as defined
589	589	14 by the Department.
590	590	15 Notwithstanding any other provision of this Section, for
591	591	16 facilities licensed by the Department of Public Health under
592	592	17 the Nursing Home Care Act as skilled nursing facilities or
593	593	18 intermediate care facilities, except facilities participating
594	594	19 in the Department's demonstration program pursuant to the
595	595	20 provisions of Title 77, Part 300, Subpart T of the Illinois
596	596	21 Administrative Code, the numerator of the ratio used by the
597	597	22 Department of Healthcare and Family Services to compute the
598	598	23 rate payable under this Section using the Minimum Data Set
599	599	24 (MDS) methodology shall incorporate the following annual
600	600	25 amounts as the additional funds appropriated to the Department
601	601	26 specifically to pay for rates based on the MDS nursing
602	602
603	603
604	604
605	605
606	606
607	607	HB4962 - 16 - LRB103 37191 KTG 67310 b
608	608
609	609
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611	611	HB4962 - 17 - LRB103 37191 KTG 67310 b
612	612	1 component methodology in excess of the funding in effect on
613	613	2 December 31, 2006:
614	614	3 (i) For rates taking effect January 1, 2007,
615	615	4 $60,000,000.
616	616	5 (ii) For rates taking effect January 1, 2008,
617	617	6 $110,000,000.
618	618	7 (iii) For rates taking effect January 1, 2009,
619	619	8 $194,000,000.
620	620	9 (iv) For rates taking effect April 1, 2011, or the
621	621	10 first day of the month that begins at least 45 days after
622	622	11 February 16, 2011 (the effective date of Public Act
623	623	12 96-1530), $416,500,000 or an amount as may be necessary to
624	624	13 complete the transition to the MDS methodology for the
625	625	14 nursing component of the rate. Increased payments under
626	626	15 this item (iv) are not due and payable, however, until (i)
627	627	16 the methodologies described in this paragraph are approved
628	628	17 by the federal government in an appropriate State Plan
629	629	18 amendment and (ii) the assessment imposed by Section 5B-2
630	630	19 of this Code is determined to be a permissible tax under
631	631	20 Title XIX of the Social Security Act.
632	632	21 Notwithstanding any other provision of this Section, for
633	633	22 facilities licensed by the Department of Public Health under
634	634	23 the Nursing Home Care Act as skilled nursing facilities or
635	635	24 intermediate care facilities, the support component of the
636	636	25 rates taking effect on January 1, 2008 shall be computed using
637	637	26 the most recent cost reports on file with the Department of
638	638
639	639
640	640
641	641
642	642
643	643	HB4962 - 17 - LRB103 37191 KTG 67310 b
644	644
645	645
646	646	HB4962- 18 -LRB103 37191 KTG 67310 b HB4962 - 18 - LRB103 37191 KTG 67310 b
647	647	HB4962 - 18 - LRB103 37191 KTG 67310 b
648	648	1 Healthcare and Family Services no later than April 1, 2005,
649	649	2 updated for inflation to January 1, 2006.
650	650	3 For facilities licensed by the Department of Public Health
651	651	4 under the Nursing Home Care Act as Intermediate Care for the
652	652	5 Developmentally Disabled facilities or Long Term Care for
653	653	6 Under Age 22 facilities, the rates taking effect on April 1,
654	654	7 2002 shall include a statewide increase of 2.0%, as defined by
655	655	8 the Department. This increase terminates on July 1, 2002;
656	656	9 beginning July 1, 2002 these rates are reduced to the level of
657	657	10 the rates in effect on March 31, 2002, as defined by the
658	658	11 Department.
659	659	12 For facilities licensed by the Department of Public Health
660	660	13 under the Nursing Home Care Act as skilled nursing facilities
661	661	14 or intermediate care facilities, the rates taking effect on
662	662	15 July 1, 2001 shall be computed using the most recent cost
663	663	16 reports on file with the Department of Public Aid no later than
664	664	17 April 1, 2000, updated for inflation to January 1, 2001. For
665	665	18 rates effective July 1, 2001 only, rates shall be the greater
666	666	19 of the rate computed for July 1, 2001 or the rate effective on
667	667	20 June 30, 2001.
668	668	21 Notwithstanding any other provision of this Section, for
669	669	22 facilities licensed by the Department of Public Health under
670	670	23 the Nursing Home Care Act as skilled nursing facilities or
671	671	24 intermediate care facilities, the Illinois Department shall
672	672	25 determine by rule the rates taking effect on July 1, 2002,
673	673	26 which shall be 5.9% less than the rates in effect on June 30,
674	674
675	675
676	676
677	677
678	678
679	679	HB4962 - 18 - LRB103 37191 KTG 67310 b
680	680
681	681
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683	683	HB4962 - 19 - LRB103 37191 KTG 67310 b
684	684	1 2002.
685	685	2 Notwithstanding any other provision of this Section, for
686	686	3 facilities licensed by the Department of Public Health under
687	687	4 the Nursing Home Care Act as skilled nursing facilities or
688	688	5 intermediate care facilities, if the payment methodologies
689	689	6 required under Section 5A-12 and the waiver granted under 42
690	690	7 CFR 433.68 are approved by the United States Centers for
691	691	8 Medicare and Medicaid Services, the rates taking effect on
692	692	9 July 1, 2004 shall be 3.0% greater than the rates in effect on
693	693	10 June 30, 2004. These rates shall take effect only upon
694	694	11 approval and implementation of the payment methodologies
695	695	12 required under Section 5A-12.
696	696	13 Notwithstanding any other provisions of this Section, for
697	697	14 facilities licensed by the Department of Public Health under
698	698	15 the Nursing Home Care Act as skilled nursing facilities or
699	699	16 intermediate care facilities, the rates taking effect on
700	700	17 January 1, 2005 shall be 3% more than the rates in effect on
701	701	18 December 31, 2004.
702	702	19 Notwithstanding any other provision of this Section, for
703	703	20 facilities licensed by the Department of Public Health under
704	704	21 the Nursing Home Care Act as skilled nursing facilities or
705	705	22 intermediate care facilities, effective January 1, 2009, the
706	706	23 per diem support component of the rates effective on January
707	707	24 1, 2008, computed using the most recent cost reports on file
708	708	25 with the Department of Healthcare and Family Services no later
709	709	26 than April 1, 2005, updated for inflation to January 1, 2006,
710	710
711	711
712	712
713	713
714	714
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716	716
717	717
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719	719	HB4962 - 20 - LRB103 37191 KTG 67310 b
720	720	1 shall be increased to the amount that would have been derived
721	721	2 using standard Department of Healthcare and Family Services
722	722	3 methods, procedures, and inflators.
723	723	4 Notwithstanding any other provisions of this Section, for
724	724	5 facilities licensed by the Department of Public Health under
725	725	6 the Nursing Home Care Act as intermediate care facilities that
726	726	7 are federally defined as Institutions for Mental Disease, or
727	727	8 facilities licensed by the Department of Public Health under
728	728	9 the Specialized Mental Health Rehabilitation Act of 2013, a
729	729	10 socio-development component rate equal to 6.6% of the
730	730	11 facility's nursing component rate as of January 1, 2006 shall
731	731	12 be established and paid effective July 1, 2006. The
732	732	13 socio-development component of the rate shall be increased by
733	733	14 a factor of 2.53 on the first day of the month that begins at
734	734	15 least 45 days after January 11, 2008 (the effective date of
735	735	16 Public Act 95-707). As of August 1, 2008, the
736	736	17 socio-development component rate shall be equal to 6.6% of the
737	737	18 facility's nursing component rate as of January 1, 2006,
738	738	19 multiplied by a factor of 3.53. For services provided on or
739	739	20 after April 1, 2011, or the first day of the month that begins
740	740	21 at least 45 days after February 16, 2011 (the effective date of
741	741	22 Public Act 96-1530), whichever is later, the Illinois
742	742	23 Department may by rule adjust these socio-development
743	743	24 component rates, and may use different adjustment
744	744	25 methodologies for those facilities participating, and those
745	745	26 not participating, in the Illinois Department's demonstration
746	746
747	747
748	748
749	749
750	750
751	751	HB4962 - 20 - LRB103 37191 KTG 67310 b
752	752
753	753
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755	755	HB4962 - 21 - LRB103 37191 KTG 67310 b
756	756	1 program pursuant to the provisions of Title 77, Part 300,
757	757	2 Subpart T of the Illinois Administrative Code, but in no case
758	758	3 may such rates be diminished below those in effect on August 1,
759	759	4 2008.
760	760	5 For facilities licensed by the Department of Public Health
761	761	6 under the Nursing Home Care Act as Intermediate Care for the
762	762	7 Developmentally Disabled facilities or as long-term care
763	763	8 facilities for residents under 22 years of age, the rates
764	764	9 taking effect on July 1, 2003 shall include a statewide
765	765	10 increase of 4%, as defined by the Department.
766	766	11 For facilities licensed by the Department of Public Health
767	767	12 under the Nursing Home Care Act as Intermediate Care for the
768	768	13 Developmentally Disabled facilities or Long Term Care for
769	769	14 Under Age 22 facilities, the rates taking effect on the first
770	770	15 day of the month that begins at least 45 days after January 11,
771	771	16 2008 (the effective date of Public Act 95-707) shall include a
772	772	17 statewide increase of 2.5%, as defined by the Department.
773	773	18 Notwithstanding any other provision of this Section, for
774	774	19 facilities licensed by the Department of Public Health under
775	775	20 the Nursing Home Care Act as skilled nursing facilities or
776	776	21 intermediate care facilities, effective January 1, 2005,
777	777	22 facility rates shall be increased by the difference between
778	778	23 (i) a facility's per diem property, liability, and malpractice
779	779	24 insurance costs as reported in the cost report filed with the
780	780	25 Department of Public Aid and used to establish rates effective
781	781	26 July 1, 2001 and (ii) those same costs as reported in the
782	782
783	783
784	784
785	785
786	786
787	787	HB4962 - 21 - LRB103 37191 KTG 67310 b
788	788
789	789
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791	791	HB4962 - 22 - LRB103 37191 KTG 67310 b
792	792	1 facility's 2002 cost report. These costs shall be passed
793	793	2 through to the facility without caps or limitations, except
794	794	3 for adjustments required under normal auditing procedures.
795	795	4 Rates established effective each July 1 shall govern
796	796	5 payment for services rendered throughout that fiscal year,
797	797	6 except that rates established on July 1, 1996 shall be
798	798	7 increased by 6.8% for services provided on or after January 1,
799	799	8 1997. Such rates will be based upon the rates calculated for
800	800	9 the year beginning July 1, 1990, and for subsequent years
801	801	10 thereafter until June 30, 2001 shall be based on the facility
802	802	11 cost reports for the facility fiscal year ending at any point
803	803	12 in time during the previous calendar year, updated to the
804	804	13 midpoint of the rate year. The cost report shall be on file
805	805	14 with the Department no later than April 1 of the current rate
806	806	15 year. Should the cost report not be on file by April 1, the
807	807	16 Department shall base the rate on the latest cost report filed
808	808	17 by each skilled care facility and intermediate care facility,
809	809	18 updated to the midpoint of the current rate year. In
810	810	19 determining rates for services rendered on and after July 1,
811	811	20 1985, fixed time shall not be computed at less than zero. The
812	812	21 Department shall not make any alterations of regulations which
813	813	22 would reduce any component of the Medicaid rate to a level
814	814	23 below what that component would have been utilizing in the
815	815	24 rate effective on July 1, 1984.
816	816	25 (2) Shall take into account the actual costs incurred by
817	817	26 facilities in providing services for recipients of skilled
818	818
819	819
820	820
821	821
822	822
823	823	HB4962 - 22 - LRB103 37191 KTG 67310 b
824	824
825	825
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827	827	HB4962 - 23 - LRB103 37191 KTG 67310 b
828	828	1 nursing and intermediate care services under the medical
829	829	2 assistance program.
830	830	3 (3) Shall take into account the medical and psycho-social
831	831	4 characteristics and needs of the patients.
832	832	5 (4) Shall take into account the actual costs incurred by
833	833	6 facilities in meeting licensing and certification standards
834	834	7 imposed and prescribed by the State of Illinois, any of its
835	835	8 political subdivisions or municipalities and by the U.S.
836	836	9 Department of Health and Human Services pursuant to Title XIX
837	837	10 of the Social Security Act.
838	838	11 The Department of Healthcare and Family Services shall
839	839	12 develop precise standards for payments to reimburse nursing
840	840	13 facilities for any utilization of appropriate rehabilitative
841	841	14 personnel for the provision of rehabilitative services which
842	842	15 is authorized by federal regulations, including reimbursement
843	843	16 for services provided by qualified therapists or qualified
844	844	17 assistants, and which is in accordance with accepted
845	845	18 professional practices. Reimbursement also may be made for
846	846	19 utilization of other supportive personnel under appropriate
847	847	20 supervision.
848	848	21 The Department shall develop enhanced payments to offset
849	849	22 the additional costs incurred by a facility serving
850	850	23 exceptional need residents and shall allocate at least
851	851	24 $4,000,000 of the funds collected from the assessment
852	852	25 established by Section 5B-2 of this Code for such payments.
853	853	26 For the purpose of this Section, "exceptional needs" means,
854	854
855	855
856	856
857	857
858	858
859	859	HB4962 - 23 - LRB103 37191 KTG 67310 b
860	860
861	861
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863	863	HB4962 - 24 - LRB103 37191 KTG 67310 b
864	864	1 but need not be limited to, ventilator care and traumatic
865	865	2 brain injury care. The enhanced payments for exceptional need
866	866	3 residents under this paragraph are not due and payable,
867	867	4 however, until (i) the methodologies described in this
868	868	5 paragraph are approved by the federal government in an
869	869	6 appropriate State Plan amendment and (ii) the assessment
870	870	7 imposed by Section 5B-2 of this Code is determined to be a
871	871	8 permissible tax under Title XIX of the Social Security Act.
872	872	9 Beginning January 1, 2014 the methodologies for
873	873	10 reimbursement of nursing facility services as provided under
874	874	11 this Section 5-5.4 shall no longer be applicable for services
875	875	12 provided on or after January 1, 2014.
876	876	13 No payment increase under this Section for the MDS
877	877	14 methodology, exceptional care residents, or the
878	878	15 socio-development component rate established by Public Act
879	879	16 96-1530 of the 96th General Assembly and funded by the
880	880	17 assessment imposed under Section 5B-2 of this Code shall be
881	881	18 due and payable until after the Department notifies the
882	882	19 long-term care providers, in writing, that the payment
883	883	20 methodologies to long-term care providers required under this
884	884	21 Section have been approved by the Centers for Medicare and
885	885	22 Medicaid Services of the U.S. Department of Health and Human
886	886	23 Services and the waivers under 42 CFR 433.68 for the
887	887	24 assessment imposed by this Section, if necessary, have been
888	888	25 granted by the Centers for Medicare and Medicaid Services of
889	889	26 the U.S. Department of Health and Human Services. Upon
890	890
891	891
892	892
893	893
894	894
895	895	HB4962 - 24 - LRB103 37191 KTG 67310 b
896	896
897	897
898	898	HB4962- 25 -LRB103 37191 KTG 67310 b HB4962 - 25 - LRB103 37191 KTG 67310 b
899	899	HB4962 - 25 - LRB103 37191 KTG 67310 b
900	900	1 notification to the Department of approval of the payment
901	901	2 methodologies required under this Section and the waivers
902	902	3 granted under 42 CFR 433.68, all increased payments otherwise
903	903	4 due under this Section prior to the date of notification shall
904	904	5 be due and payable within 90 days of the date federal approval
905	905	6 is received.
906	906	7 On and after July 1, 2012, the Department shall reduce any
907	907	8 rate of reimbursement for services or other payments or alter
908	908	9 any methodologies authorized by this Code to reduce any rate
909	909	10 of reimbursement for services or other payments in accordance
910	910	11 with Section 5-5e.
911	911	12 For facilities licensed by the Department of Public Health
912	912	13 under the ID/DD Community Care Act as ID/DD Facilities and
913	913	14 under the MC/DD Act as MC/DD Facilities, subject to federal
914	914	15 approval, the rates taking effect for services delivered on or
915	915	16 after August 1, 2019 shall be increased by 3.5% over the rates
916	916	17 in effect on June 30, 2019. The Department shall adopt rules,
917	917	18 including emergency rules under subsection (ii) of Section
918	918	19 5-45 of the Illinois Administrative Procedure Act, to
919	919	20 implement the provisions of this Section, including wage
920	920	21 increases for direct care staff.
921	921	22 For facilities licensed by the Department of Public Health
922	922	23 under the ID/DD Community Care Act as ID/DD Facilities and
923	923	24 under the MC/DD Act as MC/DD Facilities, subject to federal
924	924	25 approval, the rates taking effect on the latter of the
925	925	26 approval date of the State Plan Amendment for these facilities
926	926
927	927
928	928
929	929
930	930
931	931	HB4962 - 25 - LRB103 37191 KTG 67310 b
932	932
933	933
934	934	HB4962- 26 -LRB103 37191 KTG 67310 b HB4962 - 26 - LRB103 37191 KTG 67310 b
935	935	HB4962 - 26 - LRB103 37191 KTG 67310 b
936	936	1 or the Waiver Amendment for the home and community-based
937	937	2 services settings shall include an increase sufficient to
938	938	3 provide a $0.26 per hour wage increase to the base wage for
939	939	4 non-executive staff. The Department shall adopt rules,
940	940	5 including emergency rules as authorized by Section 5-45 of the
941	941	6 Illinois Administrative Procedure Act, to implement the
942	942	7 provisions of this Section, including wage increases for
943	943	8 direct care staff.
944	944	9 For facilities licensed by the Department of Public Health
945	945	10 under the ID/DD Community Care Act as ID/DD Facilities and
946	946	11 under the MC/DD Act as MC/DD Facilities, subject to federal
947	947	12 approval of the State Plan Amendment and the Waiver Amendment
948	948	13 for the home and community-based services settings, the rates
949	949	14 taking effect for the services delivered on or after July 1,
950	950	15 2020 shall include an increase sufficient to provide a $1.00
951	951	16 per hour wage increase for non-executive staff. For services
952	952	17 delivered on or after January 1, 2021, subject to federal
953	953	18 approval of the State Plan Amendment and the Waiver Amendment
954	954	19 for the home and community-based services settings, shall
955	955	20 include an increase sufficient to provide a $0.50 per hour
956	956	21 increase for non-executive staff. The Department shall adopt
957	957	22 rules, including emergency rules as authorized by Section 5-45
958	958	23 of the Illinois Administrative Procedure Act, to implement the
959	959	24 provisions of this Section, including wage increases for
960	960	25 direct care staff.
961	961	26 For facilities licensed by the Department of Public Health
962	962
963	963
964	964
965	965
966	966
967	967	HB4962 - 26 - LRB103 37191 KTG 67310 b
968	968
969	969
970	970	HB4962- 27 -LRB103 37191 KTG 67310 b HB4962 - 27 - LRB103 37191 KTG 67310 b
971	971	HB4962 - 27 - LRB103 37191 KTG 67310 b
972	972	1 under the ID/DD Community Care Act as ID/DD Facilities and
973	973	2 under the MC/DD Act as MC/DD Facilities, subject to federal
974	974	3 approval of the State Plan Amendment, the rates taking effect
975	975	4 for the residential services delivered on or after July 1,
976	976	5 2021, shall include an increase sufficient to provide a $0.50
977	977	6 per hour increase for aides in the rate methodology. For
978	978	7 facilities licensed by the Department of Public Health under
979	979	8 the ID/DD Community Care Act as ID/DD Facilities and under the
980	980	9 MC/DD Act as MC/DD Facilities, subject to federal approval of
981	981	10 the State Plan Amendment, the rates taking effect for the
982	982	11 residential services delivered on or after January 1, 2022
983	983	12 shall include an increase sufficient to provide a $1.00 per
984	984	13 hour increase for aides in the rate methodology. In addition,
985	985	14 for residential services delivered on or after January 1, 2022
986	986	15 such rates shall include an increase sufficient to provide
987	987	16 wages for all residential non-executive direct care staff,
988	988	17 excluding aides, at the federal Department of Labor, Bureau of
989	989	18 Labor Statistics' average wage as defined in rule by the
990	990	19 Department. The Department shall adopt rules, including
991	991	20 emergency rules as authorized by Section 5-45 of the Illinois
992	992	21 Administrative Procedure Act, to implement the provisions of
993	993	22 this Section.
994	994	23 For facilities licensed by the Department of Public Health
995	995	24 under the ID/DD Community Care Act as ID/DD facilities and
996	996	25 under the MC/DD Act as MC/DD facilities, subject to federal
997	997	26 approval of the State Plan Amendment, the rates taking effect
998	998
999	999
1000	1000
1001	1001
1002	1002
1003	1003	HB4962 - 27 - LRB103 37191 KTG 67310 b
1004	1004
1005	1005
1006	1006	HB4962- 28 -LRB103 37191 KTG 67310 b HB4962 - 28 - LRB103 37191 KTG 67310 b
1007	1007	HB4962 - 28 - LRB103 37191 KTG 67310 b
1008	1008	1 for services delivered on or after January 1, 2023, shall
1009	1009	2 include a $1.00 per hour wage increase for all direct support
1010	1010	3 personnel and all other frontline personnel who are not
1011	1011	4 subject to the Bureau of Labor Statistics' average wage
1012	1012	5 increases, who work in residential and community day services
1013	1013	6 settings, with at least $0.50 of those funds to be provided as
1014	1014	7 a direct increase to all aide base wages, with the remaining
1015	1015	8 $0.50 to be used flexibly for base wage increases to the rate
1016	1016	9 methodology for aides. In addition, for residential services
1017	1017	10 delivered on or after January 1, 2023 the rates shall include
1018	1018	11 an increase sufficient to provide wages for all residential
1019	1019	12 non-executive direct care staff, excluding aides, at the
1020	1020	13 federal Department of Labor, Bureau of Labor Statistics'
1021	1021	14 average wage as determined by the Department. Also, for
1022	1022	15 services delivered on or after January 1, 2023, the rates will
1023	1023	16 include adjustments to employment-related expenses as defined
1024	1024	17 in rule by the Department. The Department shall adopt rules,
1025	1025	18 including emergency rules as authorized by Section 5-45 of the
1026	1026	19 Illinois Administrative Procedure Act, to implement the
1027	1027	20 provisions of this Section.
1028	1028	21 For facilities licensed by the Department of Public Health
1029	1029	22 under the ID/DD Community Care Act as ID/DD facilities and
1030	1030	23 under the MC/DD Act as MC/DD facilities, subject to federal
1031	1031	24 approval of the State Plan Amendment, the rates taking effect
1032	1032	25 for services delivered on or after January 1, 2024 shall
1033	1033	26 include a $2.50 per hour wage increase for all direct support
1034	1034
1035	1035
1036	1036
1037	1037
1038	1038
1039	1039	HB4962 - 28 - LRB103 37191 KTG 67310 b
1040	1040
1041	1041
1042	1042	HB4962- 29 -LRB103 37191 KTG 67310 b HB4962 - 29 - LRB103 37191 KTG 67310 b
1043	1043	HB4962 - 29 - LRB103 37191 KTG 67310 b
1044	1044	1 personnel and all other frontline personnel who are not
1045	1045	2 subject to the Bureau of Labor Statistics' average wage
1046	1046	3 increases and who work in residential and community day
1047	1047	4 services settings. At least $1.25 of the per hour wage
1048	1048	5 increase shall be provided as a direct increase to all aide
1049	1049	6 base wages, and the remaining $1.25 of the per hour wage
1050	1050	7 increase shall be used flexibly for base wage increases to the
1051	1051	8 rate methodology for aides. In addition, for residential
1052	1052	9 services delivered on or after January 1, 2024, the rates
1053	1053	10 shall include an increase sufficient to provide wages for all
1054	1054	11 residential non-executive direct care staff, excluding aides,
1055	1055	12 at the federal Department of Labor, Bureau of Labor
1056	1056	13 Statistics' average wage as determined by the Department.
1057	1057	14 Also, for services delivered on or after January 1, 2024, the
1058	1058	15 rates will include adjustments to employment-related expenses
1059	1059	16 as defined in rule by the Department. The Department shall
1060	1060	17 adopt rules, including emergency rules as authorized by
1061	1061	18 Section 5-45 of the Illinois Administrative Procedure Act, to
1062	1062	19 implement the provisions of this Section.
1063	1063	20 For facilities licensed by the Department of Public Health
1064	1064	21 under the ID/DD Community Care Act as ID/DD facilities and
1065	1065	22 under the MC/DD Act as MC/DD facilities, subject to federal
1066	1066	23 approval, the rates taking effect for services delivered on or
1067	1067	24 after July 1, 2024, shall be increased sufficiently to provide
1068	1068	25 a minimum $3.00 per hour wage increase over the wages in effect
1069	1069	26 on June 30, 2024 for front-line personnel, including, but not
1070	1070
1071	1071
1072	1072
1073	1073
1074	1074
1075	1075	HB4962 - 29 - LRB103 37191 KTG 67310 b
1076	1076
1077	1077
1078	1078	HB4962- 30 -LRB103 37191 KTG 67310 b HB4962 - 30 - LRB103 37191 KTG 67310 b
1079	1079	HB4962 - 30 - LRB103 37191 KTG 67310 b
1080	1080	1 limited to, direct support professionals, aides, front-line
1081	1081	2 supervisors, and non-administrative support staff working in
1082	1082	3 community-based provider organizations serving individuals
1083	1083	4 with developmental disabilities, and sufficient to provide
1084	1084	5 wages for all other residential non-executive direct care
1085	1085	6 staff, excluding direct support professionals, at the U.S.
1086	1086	7 Department of Labor, Bureau of Labor Statistics' average wage
1087	1087	8 as defined, by rule, by the Department. The Department shall
1088	1088	9 adopt rules, including emergency rules in accordance with the
1089	1089	10 Illinois Administrative Procedure Act, to implement the
1090	1090	11 provisions of this paragraph.
1091	1091	12 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
1092	1092	13 103-8, eff. 6-7-23.)
1093	1093	14 (305 ILCS 5/5-5.4i)
1094	1094	15 Sec. 5-5.4i. Rates and reimbursements.
1095	1095	16 (a) Within 30 days after July 6, 2017 (the effective date
1096	1096	17 of Public Act 100-23), the Department shall increase rates and
1097	1097	18 reimbursements to fund a minimum of a $0.75 per hour wage
1098	1098	19 increase for front-line personnel, including, but not limited
1099	1099	20 to, direct support persons, aides, front-line supervisors,
1100	1100	21 qualified intellectual disabilities professionals, nurses, and
1101	1101	22 non-administrative support staff working in community-based
1102	1102	23 provider organizations serving individuals with developmental
1103	1103	24 disabilities. The Department shall adopt rules, including
1104	1104	25 emergency rules under subsection (y) of Section 5-45 of the
1105	1105
1106	1106
1107	1107
1108	1108
1109	1109
1110	1110	HB4962 - 30 - LRB103 37191 KTG 67310 b
1111	1111
1112	1112
1113	1113	HB4962- 31 -LRB103 37191 KTG 67310 b HB4962 - 31 - LRB103 37191 KTG 67310 b
1114	1114	HB4962 - 31 - LRB103 37191 KTG 67310 b
1115	1115	1 Illinois Administrative Procedure Act, to implement the
1116	1116	2 provisions of this Section.
1117	1117	3 (b) Within 30 days after June 4, 2018 (the effective date
1118	1118	4 of Public Act 100-587), the Department shall increase rates
1119	1119	5 and reimbursements to fund a minimum of a $0.50 per hour wage
1120	1120	6 increase for front-line personnel, including, but not limited
1121	1121	7 to, direct support persons, aides, front-line supervisors,
1122	1122	8 qualified intellectual disabilities professionals, nurses, and
1123	1123	9 non-administrative support staff working in community-based
1124	1124	10 provider organizations serving individuals with developmental
1125	1125	11 disabilities. The Department shall adopt rules, including
1126	1126	12 emergency rules under subsection (bb) of Section 5-45 of the
1127	1127	13 Illinois Administrative Procedure Act, to implement the
1128	1128	14 provisions of this Section.
1129	1129	15 (c) Within 30 days after the effective date of this
1130	1130	16 amendatory Act of the 101st General Assembly, subject to
1131	1131	17 federal approval, the Department shall increase rates and
1132	1132	18 reimbursements in effect on June 30, 2019 for community-based
1133	1133	19 providers for persons with Developmental Disabilities by 3.5%.
1134	1134	20 The Department shall adopt rules, including emergency rules
1135	1135	21 under subsection (ii) of Section 5-45 of the Illinois
1136	1136	22 Administrative Procedure Act, to implement the provisions of
1137	1137	23 this Section, including wage increases for direct care staff.
1138	1138	24 (d) For community-based providers serving persons with
1139	1139	25 intellectual or developmental disabilities, subject to federal
1140	1140	26 approval, the rates taking effect for services delivered on or
1141	1141
1142	1142
1143	1143
1144	1144
1145	1145
1146	1146	HB4962 - 31 - LRB103 37191 KTG 67310 b
1147	1147
1148	1148
1149	1149	HB4962- 32 -LRB103 37191 KTG 67310 b HB4962 - 32 - LRB103 37191 KTG 67310 b
1150	1150	HB4962 - 32 - LRB103 37191 KTG 67310 b
1151	1151	1 after July 1, 2024, shall be increased sufficiently to provide
1152	1152	2 a minimum $3.00 per hour wage increase over the wages in effect
1153	1153	3 on June 30, 2024 for front-line personnel, including, but not
1154	1154	4 limited to, direct support professionals, aides, front-line
1155	1155	5 supervisors, and non-administrative support staff working in
1156	1156	6 community-based provider organizations serving individuals
1157	1157	7 with developmental disabilities, and sufficient to provide
1158	1158	8 wages for all other residential non-executive direct care
1159	1159	9 staff, excluding direct support professionals, at the U.S.
1160	1160	10 Department of Labor, Bureau of Labor Statistics' average wage
1161	1161	11 as defined, by rule, by the Department. The Department shall
1162	1162	12 adopt rules, including emergency rules in accordance with the
1163	1163	13 Illinois Administrative Procedure Act, to implement the
1164	1164	14 provisions of this subsection.
1165	1165	15 (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
1166	1166	16 101-10, eff. 6-5-19.)
1167	1167
1168	1168
1169	1169
1170	1170
1171	1171
1172	1172	HB4962 - 32 - LRB103 37191 KTG 67310 b