Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1600 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 SB1600 Introduced 2/8/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.35 new20 ILCS 1705/55.5 new20 ILCS 1705/74305 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, 2023 shall be increased sufficiently to: (i) provide a minimum $4.00 per hour wage increase over the wages in effect on June 30, 2023 for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support personnel, at the U.S. Department of Labor's average wage as defined, 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, 2023, shall be increased sufficiently to: (i) provide a minimum $4.00 per hour wage increase over the wages in effect on June 30, 2023 for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support personnel, at the U.S. Department of Labor's average wage as defined, 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 28845 KTG 55230 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1600 Introduced 2/8/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.35 new20 ILCS 1705/55.5 new20 ILCS 1705/74305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4 305 ILCS 5/5-5.4i 5 ILCS 100/5-45.35 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, 2023 shall be increased sufficiently to: (i) provide a minimum $4.00 per hour wage increase over the wages in effect on June 30, 2023 for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support personnel, at the U.S. Department of Labor's average wage as defined, 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, 2023, shall be increased sufficiently to: (i) provide a minimum $4.00 per hour wage increase over the wages in effect on June 30, 2023 for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support personnel, at the U.S. Department of Labor's average wage as defined, 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 28845 KTG 55230 b LRB103 28845 KTG 55230 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1600 Introduced 2/8/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 100/5-45.35 new20 ILCS 1705/55.5 new20 ILCS 1705/74305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4 305 ILCS 5/5-5.4i 5 ILCS 100/5-45.35 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 100/5-45.35 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, 2023 shall be increased sufficiently to: (i) provide a minimum $4.00 per hour wage increase over the wages in effect on June 30, 2023 for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support personnel, at the U.S. Department of Labor's average wage as defined, 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, 2023, shall be increased sufficiently to: (i) provide a minimum $4.00 per hour wage increase over the wages in effect on June 30, 2023 for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support personnel, at the U.S. Department of Labor's average wage as defined, 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 persons (DSPs), are trained paraprofessional staff who are
26	26	12 engaged in activities of daily living and community
27	27	13 support; too many of these employees earn wages that place
28	28	14 them and their families below the poverty level.
29	29	15 (2) In Illinois, nearly half of direct care workers
30	30	16 rely on public assistance to make ends meet, creating
31	31	17 additional expenditures for State government; low wages
32	32	18 are a consequence of the historically low reimbursement
33	33	19 rates paid by the State of Illinois to community-based
34	34	20 service providers.
35	35	21 (3) The lack of adequate wages for employees who
36	36	22 perform the challenging work of supporting persons with
37	37	23 intellectual and developmental disabilities results in
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41	41	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1600 Introduced 2/8/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
42	42	5 ILCS 100/5-45.35 new20 ILCS 1705/55.5 new20 ILCS 1705/74305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4 305 ILCS 5/5-5.4i 5 ILCS 100/5-45.35 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 100/5-45.35 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, 2023 shall be increased sufficiently to: (i) provide a minimum $4.00 per hour wage increase over the wages in effect on June 30, 2023 for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support personnel, at the U.S. Department of Labor's average wage as defined, 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, 2023, shall be increased sufficiently to: (i) provide a minimum $4.00 per hour wage increase over the wages in effect on June 30, 2023 for front-line personnel; and (ii) provide wages for all other residential non-executive direct care staff, excluding direct support personnel, at the U.S. Department of Labor's average wage as defined, 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 100/5-45.35 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 high employee turnover, which in turn negatively impacts
81	81	2 the quality of services provided, higher wages are proven
82	82	3 to reduce staff turnover, improving stability and quality
83	83	4 of services while reducing employer training costs.
84	84	5 (4) Rising wages in other sectors now mean, despite
85	85	6 the modest wage increase and strenuous efforts to recruit
86	86	7 new workers, agencies are experiencing DSP vacancy rates
87	87	8 of 27%; excessive vacancies force employers to rely more
88	88	9 on overtime, leading to staff burnout and driving up
89	89	10 costs; for the eighth year in a row the federal court
90	90	11 monitor documented how this growing hiring crisis impedes
91	91	12 the ability of community disability agencies to expand to
92	92	13 accommodate persons newly approved for services as part of
93	93	14 the Ligas Consent Decree.
94	94	15 (5) A December 2020 report issued by an independent
95	95	16 consulting group commissioned by the State to propose
96	96	17 changes to the State's reimbursement for community
97	97	18 disability agencies recommended that addressing DSP wages
98	98	19 was the number one priority for ensuring compliance with
99	99	20 the mandates of the Ligas Consent Decree, and further
100	100	21 recommended that wages for DSPs should be fixed at 150% of
101	101	22 the prevailing minimum wage plus additional funding for
102	102	23 benefits.
103	103	24 (6) The difference between 150% of the State minimum
104	104	25 wage on January 1, 2023 and the hourly DSP wage rate set by
105	105	26 the State amounts to $4.00 per hour.
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116	116	1 (7) The General Assembly finds that in order to reduce
117	117	2 turnover, increase retention, fill vacancies, and ensure
118	118	3 DSPs are adequately compensated for the critically
119	119	4 important work they do, an increase in rates and
120	120	5 reimbursements to community-based service providers to
121	121	6 effectuate an increase in the hourly wage paid to DSPs is
122	122	7 needed.
123	123	8 Section 3. Purpose and intent. It is the purpose of this
124	124	9 Act to increase the wages of DSPs and other frontline staff in
125	125	10 community disability agencies beyond the poverty level and to
126	126	11 a level competitive with rival employers and above the State
127	127	12 minimum wage, in an effort to improve the lives of DSPs and the
128	128	13 lives of the vulnerable persons they support.
129	129	14 It is the intent of the General Assembly to ensure that all
130	130	15 funds resulting from rate increases provided to community
131	131	16 disability agencies are allocated to front-line employee wages
132	132	17 in order to address the current workforce crisis which is the
133	133	18 primary obstacle to the availability of community-based
134	134	19 services for people with disabilities.
135	135	20 Section 5. The Illinois Administrative Procedure Act is
136	136	21 amended by adding Section 5-45.35 as follows:
137	137	22 (5 ILCS 100/5-45.35 new)
138	138	23 Sec. 5-45.35. Emergency rulemaking; Departments of Human
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149	149	1 Services and Healthcare and Family Services. To provide for
150	150	2 the expeditious and timely implementation of changes made by
151	151	3 this amendatory Act of the 103rd General Assembly to Section
152	152	4 74 of the Mental Health and Developmental Disabilities
153	153	5 Administrative Act and to Sections 5-5.4 and 5-5.4i of the
154	154	6 Illinois Public Aid Code, emergency rules implementing the
155	155	7 changes made by this amendatory Act of the 103rd General
156	156	8 Assembly to Section 74 of the Mental Health and Developmental
157	157	9 Disabilities Administrative Act and to Sections 5-5.4 and
158	158	10 5-5.4i of the Illinois Public Aid Code may be adopted in
159	159	11 accordance with Section 5-45 by the respective Department. The
160	160	12 adoption of emergency rules authorized by Section 5-45 and
161	161	13 this Section is deemed to be necessary for the public
162	162	14 interest, safety, and welfare.
163	163	15 This Section is repealed one year after the effective date
164	164	16 of this amendatory Act of the 103rd General Assembly.
165	165	17 Section 10. The Mental Health and Developmental
166	166	18 Disabilities Administrative Act is amended by changing Section
167	167	19 74 and by adding Section 55.5 as follows:
168	168	20 (20 ILCS 1705/55.5 new)
169	169	21 Sec. 55.5. Increased wages for front-line personnel. As
170	170	22 used in this Section, "front-line personnel" means direct
171	171	23 support persons, aides, front-line supervisors, and
172	172	24 non-administrative support staff working in service settings
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183	183	1 outlined in this Section.
184	184	2 The Department shall establish reimbursement rates that
185	185	3 build toward livable wages for front-line personnel in
186	186	4 residential and day programs and service coordination agencies
187	187	5 serving persons with intellectual and developmental
188	188	6 disabilities under Section 54 of this Act, including, but not
189	189	7 limited to, intermediate care for the developmentally disabled
190	190	8 facilities, medically complex for the developmentally disabled
191	191	9 facilities, community-integrated living arrangements,
192	192	10 community day services, employment, and other residential and
193	193	11 day programs for persons with intellectual and developmental
194	194	12 disabilities supported by State funds or funding under Title
195	195	13 XIX of the federal Social Security Act.
196	196	14 The Department shall increase rates and reimbursements so
197	197	15 that by July 1, 2023 direct support persons wages shall be
198	198	16 increased by $4.00 per hour, and so that other front-line
199	199	17 personnel earn a commensurate wage.
200	200	18 (20 ILCS 1705/74)
201	201	19 Sec. 74. Rates and reimbursements.
202	202	20 (a) Within 30 days after July 6, 2017 (the effective date
203	203	21 of Public Act 100-23), the Department shall increase rates and
204	204	22 reimbursements to fund a minimum of a $0.75 per hour wage
205	205	23 increase for front-line personnel, including, but not limited
206	206	24 to, direct support professionals, aides, front-line
207	207	25 supervisors, qualified intellectual disabilities
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218	218	1 professionals, nurses, and non-administrative support staff
219	219	2 working in community-based provider organizations serving
220	220	3 individuals with developmental disabilities. The Department
221	221	4 shall adopt rules, including emergency rules under subsection
222	222	5 (y) of Section 5-45 of the Illinois Administrative Procedure
223	223	6 Act, to implement the provisions of this Section.
224	224	7 (b) Rates and reimbursements. Within 30 days after June 4,
225	225	8 2018 (the effective date of Public Act 100-587) this
226	226	9 amendatory Act of the 100th General Assembly, the Department
227	227	10 shall increase rates and reimbursements to fund a minimum of a
228	228	11 $0.50 per hour wage increase for front-line personnel,
229	229	12 including, but not limited to, direct support professionals,
230	230	13 aides, front-line supervisors, qualified intellectual
231	231	14 disabilities professionals, nurses, and non-administrative
232	232	15 support staff working in community-based provider
233	233	16 organizations serving individuals with developmental
234	234	17 disabilities. The Department shall adopt rules, including
235	235	18 emergency rules under subsection (bb) of Section 5-45 of the
236	236	19 Illinois Administrative Procedure Act, to implement the
237	237	20 provisions of this Section.
238	238	21 (c) Rates and reimbursements. Within 30 days after June 5,
239	239	22 2019 (the effective date of Public Act 101-10) this amendatory
240	240	23 Act of the 101st General Assembly, subject to federal
241	241	24 approval, the Department shall increase rates and
242	242	25 reimbursements in effect on June 30, 2019 for community-based
243	243	26 providers for persons with Developmental Disabilities by 3.5%
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254	254	1 The Department shall adopt rules, including emergency rules
255	255	2 under subsection (jj) of Section 5-45 of the Illinois
256	256	3 Administrative Procedure Act, to implement the provisions of
257	257	4 this Section, including wage increases for direct care staff.
258	258	5 (d) For community-based providers serving persons with
259	259	6 intellectual/developmental disabilities, subject to federal
260	260	7 approval of any relevant Waiver Amendment, the rates taking
261	261	8 effect for services delivered on or after January 1, 2022,
262	262	9 shall include an increase in the rate methodology sufficient
263	263	10 to provide a $1.50 per hour wage increase for direct support
264	264	11 professionals in residential settings and sufficient to
265	265	12 provide wages for all residential non-executive direct care
266	266	13 staff, excluding direct support professionals, at the federal
267	267	14 Department of Labor, Bureau of Labor Statistics' average wage
268	268	15 as defined in rule by the Department.
269	269	16 The establishment of and any changes to the rate
270	270	17 methodologies for community-based services provided to persons
271	271	18 with intellectual/developmental disabilities are subject to
272	272	19 federal approval of any relevant Waiver Amendment and shall be
273	273	20 defined in rule by the Department. The Department shall adopt
274	274	21 rules, including emergency rules as authorized by Section 5-45
275	275	22 of the Illinois Administrative Procedure Act, to implement the
276	276	23 provisions of this subsection (d).
277	277	24 (e) For community-based providers serving persons with
278	278	25 intellectual/developmental disabilities, subject to federal
279	279	26 approval of any relevant Waiver Amendment, the rates taking
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290	290	1 effect for services delivered on or after January 1, 2023,
291	291	2 shall include an increase in the rate methodology sufficient
292	292	3 to provide a $1.00 per hour wage increase for all direct
293	293	4 support professionals personnel and all other frontline
294	294	5 personnel who are not subject to the Bureau of Labor
295	295	6 Statistics' average wage increases, who work in residential
296	296	7 and community day services settings, with at least $0.50 of
297	297	8 those funds to be provided as a direct increase to base wages,
298	298	9 with the remaining $0.50 to be used flexibly for base wage
299	299	10 increases. In addition, the rates taking effect for services
300	300	11 delivered on or after January 1, 2023 shall include an
301	301	12 increase sufficient to provide wages for all residential
302	302	13 non-executive direct care staff, excluding direct support
303	303	14 professionals personnel, at the federal Department of Labor,
304	304	15 Bureau of Labor Statistics' average wage as defined in rule by
305	305	16 the Department.
306	306	17 The establishment of and any changes to the rate
307	307	18 methodologies for community-based services provided to persons
308	308	19 with intellectual/developmental disabilities are subject to
309	309	20 federal approval of any relevant Waiver Amendment and shall be
310	310	21 defined in rule by the Department. The Department shall adopt
311	311	22 rules, including emergency rules as authorized by Section 5-45
312	312	23 of the Illinois Administrative Procedure Act, to implement the
313	313	24 provisions of this subsection.
314	314	25 (f) For community-based providers serving persons with
315	315	26 intellectual or developmental disabilities, subject to federal
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326	326	1 approval, the rates taking effect for services delivered on or
327	327	2 after July 1, 2023 shall be increased sufficiently to provide
328	328	3 a minimum $4.00 per hour wage increase over the wages in effect
329	329	4 on June 30, 2023 for front-line personnel, including, but not
330	330	5 limited to, direct support persons, aides, front-line
331	331	6 supervisors, and non-administrative support staff working in
332	332	7 community-based provider organizations serving individuals
333	333	8 with developmental disabilities, and sufficient to provide
334	334	9 wages for all other residential non-executive direct care
335	335	10 staff, excluding direct support personnel, at the U.S.
336	336	11 Department of Labor, Bureau of Labor Statistics' average wage
337	337	12 as defined, by rule, by the Department. The Department shall
338	338	13 adopt rules, including emergency rules in accordance with the
339	339	14 Illinois Administrative Procedure Act, to implement the
340	340	15 provisions of this subsection.
341	341	16 (Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21;
342	342	17 102-699, eff. 4-19-22; 102-830, eff. 1-1-23; revised
343	343	18 12-13-22.)
344	344	19 Section 15. The Illinois Public Aid Code is amended by
345	345	20 changing Sections 5-5.4 and 5-5.4i as follows:
346	346	21 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
347	347	22 Sec. 5-5.4. Standards of Payment - Department of
348	348	23 Healthcare and Family Services. The Department of Healthcare
349	349	24 and Family Services shall develop standards of payment of
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360	360	1 nursing facility and ICF/DD services in facilities providing
361	361	2 such services under this Article which:
362	362	3 (1) Provide for the determination of a facility's payment
363	363	4 for nursing facility or ICF/DD services on a prospective
364	364	5 basis. The amount of the payment rate for all nursing
365	365	6 facilities certified by the Department of Public Health under
366	366	7 the ID/DD Community Care Act or the Nursing Home Care Act as
367	367	8 Intermediate Care for the Developmentally Disabled facilities,
368	368	9 Long Term Care for Under Age 22 facilities, Skilled Nursing
369	369	10 facilities, or Intermediate Care facilities under the medical
370	370	11 assistance program shall be prospectively established annually
371	371	12 on the basis of historical, financial, and statistical data
372	372	13 reflecting actual costs from prior years, which shall be
373	373	14 applied to the current rate year and updated for inflation,
374	374	15 except that the capital cost element for newly constructed
375	375	16 facilities shall be based upon projected budgets. The annually
376	376	17 established payment rate shall take effect on July 1 in 1984
377	377	18 and subsequent years. No rate increase and no update for
378	378	19 inflation shall be provided on or after July 1, 1994, unless
379	379	20 specifically provided for in this Section. The changes made by
380	380	21 Public Act 93-841 extending the duration of the prohibition
381	381	22 against a rate increase or update for inflation are effective
382	382	23 retroactive to July 1, 2004.
383	383	24 For facilities licensed by the Department of Public Health
384	384	25 under the Nursing Home Care Act as Intermediate Care for the
385	385	26 Developmentally Disabled facilities or Long Term Care for
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396	396	1 Under Age 22 facilities, the rates taking effect on July 1,
397	397	2 1998 shall include an increase of 3%. For facilities licensed
398	398	3 by the Department of Public Health under the Nursing Home Care
399	399	4 Act as Skilled Nursing facilities or Intermediate Care
400	400	5 facilities, the rates taking effect on July 1, 1998 shall
401	401	6 include an increase of 3% plus $1.10 per resident-day, as
402	402	7 defined by the Department. For facilities licensed by the
403	403	8 Department of Public Health under the Nursing Home Care Act as
404	404	9 Intermediate Care Facilities for the Developmentally Disabled
405	405	10 or Long Term Care for Under Age 22 facilities, the rates taking
406	406	11 effect on January 1, 2006 shall include an increase of 3%. For
407	407	12 facilities licensed by the Department of Public Health under
408	408	13 the Nursing Home Care Act as Intermediate Care Facilities for
409	409	14 the Developmentally Disabled or Long Term Care for Under Age
410	410	15 22 facilities, the rates taking effect on January 1, 2009
411	411	16 shall include an increase sufficient to provide a $0.50 per
412	412	17 hour wage increase for non-executive staff. For facilities
413	413	18 licensed by the Department of Public Health under the ID/DD
414	414	19 Community Care Act as ID/DD Facilities the rates taking effect
415	415	20 within 30 days after July 6, 2017 (the effective date of Public
416	416	21 Act 100-23) shall include an increase sufficient to provide a
417	417	22 $0.75 per hour wage increase for non-executive staff. The
418	418	23 Department shall adopt rules, including emergency rules under
419	419	24 subsection (y) of Section 5-45 of the Illinois Administrative
420	420	25 Procedure Act, to implement the provisions of this paragraph.
421	421	26 For facilities licensed by the Department of Public Health
422	422
423	423
424	424
425	425
426	426
427	427	SB1600 - 11 - LRB103 28845 KTG 55230 b
428	428
429	429
430	430	SB1600- 12 -LRB103 28845 KTG 55230 b SB1600 - 12 - LRB103 28845 KTG 55230 b
431	431	SB1600 - 12 - LRB103 28845 KTG 55230 b
432	432	1 under the ID/DD Community Care Act as ID/DD Facilities and
433	433	2 under the MC/DD Act as MC/DD Facilities, the rates taking
434	434	3 effect within 30 days after the effective date of this
435	435	4 amendatory Act of the 100th General Assembly shall include an
436	436	5 increase sufficient to provide a $0.50 per hour wage increase
437	437	6 for non-executive front-line personnel, including, but not
438	438	7 limited to, direct support persons, aides, front-line
439	439	8 supervisors, qualified intellectual disabilities
440	440	9 professionals, nurses, and non-administrative support staff.
441	441	10 The Department shall adopt rules, including emergency rules
442	442	11 under subsection (bb) of Section 5-45 of the Illinois
443	443	12 Administrative Procedure Act, to implement the provisions of
444	444	13 this paragraph.
445	445	14 For facilities licensed by the Department of Public Health
446	446	15 under the ID/DD Community Care Act as ID/DD facilities and
447	447	16 under the MC/DD Act as MC/DD facilities, subject to federal
448	448	17 approval, the rates taking effect for services delivered on or
449	449	18 after July 1, 2023, shall be increased sufficiently to provide
450	450	19 a minimum $4.00 per hour wage increase over the wages in effect
451	451	20 on June 30, 2023 for front-line personnel, including, but not
452	452	21 limited to, direct support persons, aides, front-line
453	453	22 supervisors, and non-administrative support staff working in
454	454	23 community-based provider organizations serving individuals
455	455	24 with developmental disabilities, and sufficient to provide
456	456	25 wages for all other residential non-executive direct care
457	457	26 staff, excluding direct support personnel, at the U.S.
458	458
459	459
460	460
461	461
462	462
463	463	SB1600 - 12 - LRB103 28845 KTG 55230 b
464	464
465	465
466	466	SB1600- 13 -LRB103 28845 KTG 55230 b SB1600 - 13 - LRB103 28845 KTG 55230 b
467	467	SB1600 - 13 - LRB103 28845 KTG 55230 b
468	468	1 Department of Labor, Bureau of Labor Statistics' average wage
469	469	2 as defined, by rule, by the Department. The Department shall
470	470	3 adopt rules, including emergency rules in accordance with the
471	471	4 Illinois Administrative Procedure Act, to implement the
472	472	5 provisions of this paragraph.
473	473	6 For facilities licensed by the Department of Public Health
474	474	7 under the Nursing Home Care Act as Intermediate Care for the
475	475	8 Developmentally Disabled facilities or Long Term Care for
476	476	9 Under Age 22 facilities, the rates taking effect on July 1,
477	477	10 1999 shall include an increase of 1.6% plus $3.00 per
478	478	11 resident-day, as defined by the Department. For facilities
479	479	12 licensed by the Department of Public Health under the Nursing
480	480	13 Home Care Act as Skilled Nursing facilities or Intermediate
481	481	14 Care facilities, the rates taking effect on July 1, 1999 shall
482	482	15 include an increase of 1.6% and, for services provided on or
483	483	16 after October 1, 1999, shall be increased by $4.00 per
484	484	17 resident-day, as defined by the Department.
485	485	18 For facilities licensed by the Department of Public Health
486	486	19 under the Nursing Home Care Act as Intermediate Care for the
487	487	20 Developmentally Disabled facilities or Long Term Care for
488	488	21 Under Age 22 facilities, the rates taking effect on July 1,
489	489	22 2000 shall include an increase of 2.5% per resident-day, as
490	490	23 defined by the Department. For facilities licensed by the
491	491	24 Department of Public Health under the Nursing Home Care Act as
492	492	25 Skilled Nursing facilities or Intermediate Care facilities,
493	493	26 the rates taking effect on July 1, 2000 shall include an
494	494
495	495
496	496
497	497
498	498
499	499	SB1600 - 13 - LRB103 28845 KTG 55230 b
500	500
501	501
502	502	SB1600- 14 -LRB103 28845 KTG 55230 b SB1600 - 14 - LRB103 28845 KTG 55230 b
503	503	SB1600 - 14 - LRB103 28845 KTG 55230 b
504	504	1 increase of 2.5% per resident-day, as defined by the
505	505	2 Department.
506	506	3 For facilities licensed by the Department of Public Health
507	507	4 under the Nursing Home Care Act as skilled nursing facilities
508	508	5 or intermediate care facilities, a new payment methodology
509	509	6 must be implemented for the nursing component of the rate
510	510	7 effective July 1, 2003. The Department of Public Aid (now
511	511	8 Healthcare and Family Services) shall develop the new payment
512	512	9 methodology using the Minimum Data Set (MDS) as the instrument
513	513	10 to collect information concerning nursing home resident
514	514	11 condition necessary to compute the rate. The Department shall
515	515	12 develop the new payment methodology to meet the unique needs
516	516	13 of Illinois nursing home residents while remaining subject to
517	517	14 the appropriations provided by the General Assembly. A
518	518	15 transition period from the payment methodology in effect on
519	519	16 June 30, 2003 to the payment methodology in effect on July 1,
520	520	17 2003 shall be provided for a period not exceeding 3 years and
521	521	18 184 days after implementation of the new payment methodology
522	522	19 as follows:
523	523	20 (A) For a facility that would receive a lower nursing
524	524	21 component rate per patient day under the new system than
525	525	22 the facility received effective on the date immediately
526	526	23 preceding the date that the Department implements the new
527	527	24 payment methodology, the nursing component rate per
528	528	25 patient day for the facility shall be held at the level in
529	529	26 effect on the date immediately preceding the date that the
530	530
531	531
532	532
533	533
534	534
535	535	SB1600 - 14 - LRB103 28845 KTG 55230 b
536	536
537	537
538	538	SB1600- 15 -LRB103 28845 KTG 55230 b SB1600 - 15 - LRB103 28845 KTG 55230 b
539	539	SB1600 - 15 - LRB103 28845 KTG 55230 b
540	540	1 Department implements the new payment methodology until a
541	541	2 higher nursing component rate of reimbursement is achieved
542	542	3 by that facility.
543	543	4 (B) For a facility that would receive a higher nursing
544	544	5 component rate per patient day under the payment
545	545	6 methodology in effect on July 1, 2003 than the facility
546	546	7 received effective on the date immediately preceding the
547	547	8 date that the Department implements the new payment
548	548	9 methodology, the nursing component rate per patient day
549	549	10 for the facility shall be adjusted.
550	550	11 (C) Notwithstanding paragraphs (A) and (B), the
551	551	12 nursing component rate per patient day for the facility
552	552	13 shall be adjusted subject to appropriations provided by
553	553	14 the General Assembly.
554	554	15 For facilities licensed by the Department of Public Health
555	555	16 under the Nursing Home Care Act as Intermediate Care for the
556	556	17 Developmentally Disabled facilities or Long Term Care for
557	557	18 Under Age 22 facilities, the rates taking effect on March 1,
558	558	19 2001 shall include a statewide increase of 7.85%, as defined
559	559	20 by the Department.
560	560	21 Notwithstanding any other provision of this Section, for
561	561	22 facilities licensed by the Department of Public Health under
562	562	23 the Nursing Home Care Act as skilled nursing facilities or
563	563	24 intermediate care facilities, except facilities participating
564	564	25 in the Department's demonstration program pursuant to the
565	565	26 provisions of Title 77, Part 300, Subpart T of the Illinois
566	566
567	567
568	568
569	569
570	570
571	571	SB1600 - 15 - LRB103 28845 KTG 55230 b
572	572
573	573
574	574	SB1600- 16 -LRB103 28845 KTG 55230 b SB1600 - 16 - LRB103 28845 KTG 55230 b
575	575	SB1600 - 16 - LRB103 28845 KTG 55230 b
576	576	1 Administrative Code, the numerator of the ratio used by the
577	577	2 Department of Healthcare and Family Services to compute the
578	578	3 rate payable under this Section using the Minimum Data Set
579	579	4 (MDS) methodology shall incorporate the following annual
580	580	5 amounts as the additional funds appropriated to the Department
581	581	6 specifically to pay for rates based on the MDS nursing
582	582	7 component methodology in excess of the funding in effect on
583	583	8 December 31, 2006:
584	584	9 (i) For rates taking effect January 1, 2007,
585	585	10 $60,000,000.
586	586	11 (ii) For rates taking effect January 1, 2008,
587	587	12 $110,000,000.
588	588	13 (iii) For rates taking effect January 1, 2009,
589	589	14 $194,000,000.
590	590	15 (iv) For rates taking effect April 1, 2011, or the
591	591	16 first day of the month that begins at least 45 days after
592	592	17 the effective date of this amendatory Act of the 96th
593	593	18 General Assembly, $416,500,000 or an amount as may be
594	594	19 necessary to complete the transition to the MDS
595	595	20 methodology for the nursing component of the rate.
596	596	21 Increased payments under this item (iv) are not due and
597	597	22 payable, however, until (i) the methodologies described in
598	598	23 this paragraph are approved by the federal government in
599	599	24 an appropriate State Plan amendment and (ii) the
600	600	25 assessment imposed by Section 5B-2 of this Code is
601	601	26 determined to be a permissible tax under Title XIX of the
602	602
603	603
604	604
605	605
606	606
607	607	SB1600 - 16 - LRB103 28845 KTG 55230 b
608	608
609	609
610	610	SB1600- 17 -LRB103 28845 KTG 55230 b SB1600 - 17 - LRB103 28845 KTG 55230 b
611	611	SB1600 - 17 - LRB103 28845 KTG 55230 b
612	612	1 Social Security Act.
613	613	2 Notwithstanding any other provision of this Section, for
614	614	3 facilities licensed by the Department of Public Health under
615	615	4 the Nursing Home Care Act as skilled nursing facilities or
616	616	5 intermediate care facilities, the support component of the
617	617	6 rates taking effect on January 1, 2008 shall be computed using
618	618	7 the most recent cost reports on file with the Department of
619	619	8 Healthcare and Family Services no later than April 1, 2005,
620	620	9 updated for inflation to January 1, 2006.
621	621	10 For facilities licensed by the Department of Public Health
622	622	11 under the Nursing Home Care Act as Intermediate Care for the
623	623	12 Developmentally Disabled facilities or Long Term Care for
624	624	13 Under Age 22 facilities, the rates taking effect on April 1,
625	625	14 2002 shall include a statewide increase of 2.0%, as defined by
626	626	15 the Department. This increase terminates on July 1, 2002;
627	627	16 beginning July 1, 2002 these rates are reduced to the level of
628	628	17 the rates in effect on March 31, 2002, as defined by the
629	629	18 Department.
630	630	19 For facilities licensed by the Department of Public Health
631	631	20 under the Nursing Home Care Act as skilled nursing facilities
632	632	21 or intermediate care facilities, the rates taking effect on
633	633	22 July 1, 2001 shall be computed using the most recent cost
634	634	23 reports on file with the Department of Public Aid no later than
635	635	24 April 1, 2000, updated for inflation to January 1, 2001. For
636	636	25 rates effective July 1, 2001 only, rates shall be the greater
637	637	26 of the rate computed for July 1, 2001 or the rate effective on
638	638
639	639
640	640
641	641
642	642
643	643	SB1600 - 17 - LRB103 28845 KTG 55230 b
644	644
645	645
646	646	SB1600- 18 -LRB103 28845 KTG 55230 b SB1600 - 18 - LRB103 28845 KTG 55230 b
647	647	SB1600 - 18 - LRB103 28845 KTG 55230 b
648	648	1 June 30, 2001.
649	649	2 Notwithstanding any other provision of this Section, for
650	650	3 facilities licensed by the Department of Public Health under
651	651	4 the Nursing Home Care Act as skilled nursing facilities or
652	652	5 intermediate care facilities, the Illinois Department shall
653	653	6 determine by rule the rates taking effect on July 1, 2002,
654	654	7 which shall be 5.9% less than the rates in effect on June 30,
655	655	8 2002.
656	656	9 Notwithstanding any other provision of this Section, for
657	657	10 facilities licensed by the Department of Public Health under
658	658	11 the Nursing Home Care Act as skilled nursing facilities or
659	659	12 intermediate care facilities, if the payment methodologies
660	660	13 required under Section 5A-12 and the waiver granted under 42
661	661	14 CFR 433.68 are approved by the United States Centers for
662	662	15 Medicare and Medicaid Services, the rates taking effect on
663	663	16 July 1, 2004 shall be 3.0% greater than the rates in effect on
664	664	17 June 30, 2004. These rates shall take effect only upon
665	665	18 approval and implementation of the payment methodologies
666	666	19 required under Section 5A-12.
667	667	20 Notwithstanding any other provisions of this Section, for
668	668	21 facilities licensed by the Department of Public Health under
669	669	22 the Nursing Home Care Act as skilled nursing facilities or
670	670	23 intermediate care facilities, the rates taking effect on
671	671	24 January 1, 2005 shall be 3% more than the rates in effect on
672	672	25 December 31, 2004.
673	673	26 Notwithstanding any other provision of this Section, for
674	674
675	675
676	676
677	677
678	678
679	679	SB1600 - 18 - LRB103 28845 KTG 55230 b
680	680
681	681
682	682	SB1600- 19 -LRB103 28845 KTG 55230 b SB1600 - 19 - LRB103 28845 KTG 55230 b
683	683	SB1600 - 19 - LRB103 28845 KTG 55230 b
684	684	1 facilities licensed by the Department of Public Health under
685	685	2 the Nursing Home Care Act as skilled nursing facilities or
686	686	3 intermediate care facilities, effective January 1, 2009, the
687	687	4 per diem support component of the rates effective on January
688	688	5 1, 2008, computed using the most recent cost reports on file
689	689	6 with the Department of Healthcare and Family Services no later
690	690	7 than April 1, 2005, updated for inflation to January 1, 2006,
691	691	8 shall be increased to the amount that would have been derived
692	692	9 using standard Department of Healthcare and Family Services
693	693	10 methods, procedures, and inflators.
694	694	11 Notwithstanding any other provisions of this Section, for
695	695	12 facilities licensed by the Department of Public Health under
696	696	13 the Nursing Home Care Act as intermediate care facilities that
697	697	14 are federally defined as Institutions for Mental Disease, or
698	698	15 facilities licensed by the Department of Public Health under
699	699	16 the Specialized Mental Health Rehabilitation Act of 2013, a
700	700	17 socio-development component rate equal to 6.6% of the
701	701	18 facility's nursing component rate as of January 1, 2006 shall
702	702	19 be established and paid effective July 1, 2006. The
703	703	20 socio-development component of the rate shall be increased by
704	704	21 a factor of 2.53 on the first day of the month that begins at
705	705	22 least 45 days after January 11, 2008 (the effective date of
706	706	23 Public Act 95-707). As of August 1, 2008, the
707	707	24 socio-development component rate shall be equal to 6.6% of the
708	708	25 facility's nursing component rate as of January 1, 2006,
709	709	26 multiplied by a factor of 3.53. For services provided on or
710	710
711	711
712	712
713	713
714	714
715	715	SB1600 - 19 - LRB103 28845 KTG 55230 b
716	716
717	717
718	718	SB1600- 20 -LRB103 28845 KTG 55230 b SB1600 - 20 - LRB103 28845 KTG 55230 b
719	719	SB1600 - 20 - LRB103 28845 KTG 55230 b
720	720	1 after April 1, 2011, or the first day of the month that begins
721	721	2 at least 45 days after the effective date of this amendatory
722	722	3 Act of the 96th General Assembly, whichever is later, the
723	723	4 Illinois Department may by rule adjust these socio-development
724	724	5 component rates, and may use different adjustment
725	725	6 methodologies for those facilities participating, and those
726	726	7 not participating, in the Illinois Department's demonstration
727	727	8 program pursuant to the provisions of Title 77, Part 300,
728	728	9 Subpart T of the Illinois Administrative Code, but in no case
729	729	10 may such rates be diminished below those in effect on August 1,
730	730	11 2008.
731	731	12 For facilities licensed by the Department of Public Health
732	732	13 under the Nursing Home Care Act as Intermediate Care for the
733	733	14 Developmentally Disabled facilities or as long-term care
734	734	15 facilities for residents under 22 years of age, the rates
735	735	16 taking effect on July 1, 2003 shall include a statewide
736	736	17 increase of 4%, as defined by the Department.
737	737	18 For facilities licensed by the Department of Public Health
738	738	19 under the Nursing Home Care Act as Intermediate Care for the
739	739	20 Developmentally Disabled facilities or Long Term Care for
740	740	21 Under Age 22 facilities, the rates taking effect on the first
741	741	22 day of the month that begins at least 45 days after the
742	742	23 effective date of this amendatory Act of the 95th General
743	743	24 Assembly shall include a statewide increase of 2.5%, as
744	744	25 defined by the Department.
745	745	26 Notwithstanding any other provision of this Section, for
746	746
747	747
748	748
749	749
750	750
751	751	SB1600 - 20 - LRB103 28845 KTG 55230 b
752	752
753	753
754	754	SB1600- 21 -LRB103 28845 KTG 55230 b SB1600 - 21 - LRB103 28845 KTG 55230 b
755	755	SB1600 - 21 - LRB103 28845 KTG 55230 b
756	756	1 facilities licensed by the Department of Public Health under
757	757	2 the Nursing Home Care Act as skilled nursing facilities or
758	758	3 intermediate care facilities, effective January 1, 2005,
759	759	4 facility rates shall be increased by the difference between
760	760	5 (i) a facility's per diem property, liability, and malpractice
761	761	6 insurance costs as reported in the cost report filed with the
762	762	7 Department of Public Aid and used to establish rates effective
763	763	8 July 1, 2001 and (ii) those same costs as reported in the
764	764	9 facility's 2002 cost report. These costs shall be passed
765	765	10 through to the facility without caps or limitations, except
766	766	11 for adjustments required under normal auditing procedures.
767	767	12 Rates established effective each July 1 shall govern
768	768	13 payment for services rendered throughout that fiscal year,
769	769	14 except that rates established on July 1, 1996 shall be
770	770	15 increased by 6.8% for services provided on or after January 1,
771	771	16 1997. Such rates will be based upon the rates calculated for
772	772	17 the year beginning July 1, 1990, and for subsequent years
773	773	18 thereafter until June 30, 2001 shall be based on the facility
774	774	19 cost reports for the facility fiscal year ending at any point
775	775	20 in time during the previous calendar year, updated to the
776	776	21 midpoint of the rate year. The cost report shall be on file
777	777	22 with the Department no later than April 1 of the current rate
778	778	23 year. Should the cost report not be on file by April 1, the
779	779	24 Department shall base the rate on the latest cost report filed
780	780	25 by each skilled care facility and intermediate care facility,
781	781	26 updated to the midpoint of the current rate year. In
782	782
783	783
784	784
785	785
786	786
787	787	SB1600 - 21 - LRB103 28845 KTG 55230 b
788	788
789	789
790	790	SB1600- 22 -LRB103 28845 KTG 55230 b SB1600 - 22 - LRB103 28845 KTG 55230 b
791	791	SB1600 - 22 - LRB103 28845 KTG 55230 b
792	792	1 determining rates for services rendered on and after July 1,
793	793	2 1985, fixed time shall not be computed at less than zero. The
794	794	3 Department shall not make any alterations of regulations which
795	795	4 would reduce any component of the Medicaid rate to a level
796	796	5 below what that component would have been utilizing in the
797	797	6 rate effective on July 1, 1984.
798	798	7 (2) Shall take into account the actual costs incurred by
799	799	8 facilities in providing services for recipients of skilled
800	800	9 nursing and intermediate care services under the medical
801	801	10 assistance program.
802	802	11 (3) Shall take into account the medical and psycho-social
803	803	12 characteristics and needs of the patients.
804	804	13 (4) Shall take into account the actual costs incurred by
805	805	14 facilities in meeting licensing and certification standards
806	806	15 imposed and prescribed by the State of Illinois, any of its
807	807	16 political subdivisions or municipalities and by the U.S.
808	808	17 Department of Health and Human Services pursuant to Title XIX
809	809	18 of the Social Security Act.
810	810	19 The Department of Healthcare and Family Services shall
811	811	20 develop precise standards for payments to reimburse nursing
812	812	21 facilities for any utilization of appropriate rehabilitative
813	813	22 personnel for the provision of rehabilitative services which
814	814	23 is authorized by federal regulations, including reimbursement
815	815	24 for services provided by qualified therapists or qualified
816	816	25 assistants, and which is in accordance with accepted
817	817	26 professional practices. Reimbursement also may be made for
818	818
819	819
820	820
821	821
822	822
823	823	SB1600 - 22 - LRB103 28845 KTG 55230 b
824	824
825	825
826	826	SB1600- 23 -LRB103 28845 KTG 55230 b SB1600 - 23 - LRB103 28845 KTG 55230 b
827	827	SB1600 - 23 - LRB103 28845 KTG 55230 b
828	828	1 utilization of other supportive personnel under appropriate
829	829	2 supervision.
830	830	3 The Department shall develop enhanced payments to offset
831	831	4 the additional costs incurred by a facility serving
832	832	5 exceptional need residents and shall allocate at least
833	833	6 $4,000,000 of the funds collected from the assessment
834	834	7 established by Section 5B-2 of this Code for such payments.
835	835	8 For the purpose of this Section, "exceptional needs" means,
836	836	9 but need not be limited to, ventilator care and traumatic
837	837	10 brain injury care. The enhanced payments for exceptional need
838	838	11 residents under this paragraph are not due and payable,
839	839	12 however, until (i) the methodologies described in this
840	840	13 paragraph are approved by the federal government in an
841	841	14 appropriate State Plan amendment and (ii) the assessment
842	842	15 imposed by Section 5B-2 of this Code is determined to be a
843	843	16 permissible tax under Title XIX of the Social Security Act.
844	844	17 Beginning January 1, 2014 the methodologies for
845	845	18 reimbursement of nursing facility services as provided under
846	846	19 this Section 5-5.4 shall no longer be applicable for services
847	847	20 provided on or after January 1, 2014.
848	848	21 No payment increase under this Section for the MDS
849	849	22 methodology, exceptional care residents, or the
850	850	23 socio-development component rate established by Public Act
851	851	24 96-1530 of the 96th General Assembly and funded by the
852	852	25 assessment imposed under Section 5B-2 of this Code shall be
853	853	26 due and payable until after the Department notifies the
854	854
855	855
856	856
857	857
858	858
859	859	SB1600 - 23 - LRB103 28845 KTG 55230 b
860	860
861	861
862	862	SB1600- 24 -LRB103 28845 KTG 55230 b SB1600 - 24 - LRB103 28845 KTG 55230 b
863	863	SB1600 - 24 - LRB103 28845 KTG 55230 b
864	864	1 long-term care providers, in writing, that the payment
865	865	2 methodologies to long-term care providers required under this
866	866	3 Section have been approved by the Centers for Medicare and
867	867	4 Medicaid Services of the U.S. Department of Health and Human
868	868	5 Services and the waivers under 42 CFR 433.68 for the
869	869	6 assessment imposed by this Section, if necessary, have been
870	870	7 granted by the Centers for Medicare and Medicaid Services of
871	871	8 the U.S. Department of Health and Human Services. Upon
872	872	9 notification to the Department of approval of the payment
873	873	10 methodologies required under this Section and the waivers
874	874	11 granted under 42 CFR 433.68, all increased payments otherwise
875	875	12 due under this Section prior to the date of notification shall
876	876	13 be due and payable within 90 days of the date federal approval
877	877	14 is received.
878	878	15 On and after July 1, 2012, the Department shall reduce any
879	879	16 rate of reimbursement for services or other payments or alter
880	880	17 any methodologies authorized by this Code to reduce any rate
881	881	18 of reimbursement for services or other payments in accordance
882	882	19 with Section 5-5e.
883	883	20 For facilities licensed by the Department of Public Health
884	884	21 under the ID/DD Community Care Act as ID/DD Facilities and
885	885	22 under the MC/DD Act as MC/DD Facilities, subject to federal
886	886	23 approval, the rates taking effect for services delivered on or
887	887	24 after August 1, 2019 shall be increased by 3.5% over the rates
888	888	25 in effect on June 30, 2019. The Department shall adopt rules,
889	889	26 including emergency rules under subsection (ii) of Section
890	890
891	891
892	892
893	893
894	894
895	895	SB1600 - 24 - LRB103 28845 KTG 55230 b
896	896
897	897
898	898	SB1600- 25 -LRB103 28845 KTG 55230 b SB1600 - 25 - LRB103 28845 KTG 55230 b
899	899	SB1600 - 25 - LRB103 28845 KTG 55230 b
900	900	1 5-45 of the Illinois Administrative Procedure Act, to
901	901	2 implement the provisions of this Section, including wage
902	902	3 increases for direct care staff.
903	903	4 For facilities licensed by the Department of Public Health
904	904	5 under the ID/DD Community Care Act as ID/DD Facilities and
905	905	6 under the MC/DD Act as MC/DD Facilities, subject to federal
906	906	7 approval, the rates taking effect on the latter of the
907	907	8 approval date of the State Plan Amendment for these facilities
908	908	9 or the Waiver Amendment for the home and community-based
909	909	10 services settings shall include an increase sufficient to
910	910	11 provide a $0.26 per hour wage increase to the base wage for
911	911	12 non-executive staff. The Department shall adopt rules,
912	912	13 including emergency rules as authorized by Section 5-45 of the
913	913	14 Illinois Administrative Procedure Act, to implement the
914	914	15 provisions of this Section, including wage increases for
915	915	16 direct care staff.
916	916	17 For facilities licensed by the Department of Public Health
917	917	18 under the ID/DD Community Care Act as ID/DD Facilities and
918	918	19 under the MC/DD Act as MC/DD Facilities, subject to federal
919	919	20 approval of the State Plan Amendment and the Waiver Amendment
920	920	21 for the home and community-based services settings, the rates
921	921	22 taking effect for the services delivered on or after July 1,
922	922	23 2020 shall include an increase sufficient to provide a $1.00
923	923	24 per hour wage increase for non-executive staff. For services
924	924	25 delivered on or after January 1, 2021, subject to federal
925	925	26 approval of the State Plan Amendment and the Waiver Amendment
926	926
927	927
928	928
929	929
930	930
931	931	SB1600 - 25 - LRB103 28845 KTG 55230 b
932	932
933	933
934	934	SB1600- 26 -LRB103 28845 KTG 55230 b SB1600 - 26 - LRB103 28845 KTG 55230 b
935	935	SB1600 - 26 - LRB103 28845 KTG 55230 b
936	936	1 for the home and community-based services settings, shall
937	937	2 include an increase sufficient to provide a $0.50 per hour
938	938	3 increase for non-executive staff. The Department shall adopt
939	939	4 rules, including emergency rules as authorized by Section 5-45
940	940	5 of the Illinois Administrative Procedure Act, to implement the
941	941	6 provisions of this Section, including wage increases for
942	942	7 direct care staff.
943	943	8 For facilities licensed by the Department of Public Health
944	944	9 under the ID/DD Community Care Act as ID/DD Facilities and
945	945	10 under the MC/DD Act as MC/DD Facilities, subject to federal
946	946	11 approval of the State Plan Amendment, the rates taking effect
947	947	12 for the residential services delivered on or after July 1,
948	948	13 2021, shall include an increase sufficient to provide a $0.50
949	949	14 per hour increase for aides in the rate methodology. For
950	950	15 facilities licensed by the Department of Public Health under
951	951	16 the ID/DD Community Care Act as ID/DD Facilities and under the
952	952	17 MC/DD Act as MC/DD Facilities, subject to federal approval of
953	953	18 the State Plan Amendment, the rates taking effect for the
954	954	19 residential services delivered on or after January 1, 2022
955	955	20 shall include an increase sufficient to provide a $1.00 per
956	956	21 hour increase for aides in the rate methodology. In addition,
957	957	22 for residential services delivered on or after January 1, 2022
958	958	23 such rates shall include an increase sufficient to provide
959	959	24 wages for all residential non-executive direct care staff,
960	960	25 excluding aides, at the federal Department of Labor, Bureau of
961	961	26 Labor Statistics' average wage as defined in rule by the
962	962
963	963
964	964
965	965
966	966
967	967	SB1600 - 26 - LRB103 28845 KTG 55230 b
968	968
969	969
970	970	SB1600- 27 -LRB103 28845 KTG 55230 b SB1600 - 27 - LRB103 28845 KTG 55230 b
971	971	SB1600 - 27 - LRB103 28845 KTG 55230 b
972	972	1 Department. The Department shall adopt rules, including
973	973	2 emergency rules as authorized by Section 5-45 of the Illinois
974	974	3 Administrative Procedure Act, to implement the provisions of
975	975	4 this Section.
976	976	5 For facilities licensed by the Department of Public Health
977	977	6 under the ID/DD Community Care Act as ID/DD facilities and
978	978	7 under the MC/DD Act as MC/DD facilities, subject to federal
979	979	8 approval of the State Plan Amendment, the rates taking effect
980	980	9 for services delivered on or after January 1, 2023, shall
981	981	10 include a $1.00 per hour wage increase for all direct support
982	982	11 personnel and all other frontline personnel who are not
983	983	12 subject to the Bureau of Labor Statistics' average wage
984	984	13 increases, who work in residential and community day services
985	985	14 settings, with at least $0.50 of those funds to be provided as
986	986	15 a direct increase to all aide base wages, with the remaining
987	987	16 $0.50 to be used flexibly for base wage increases to the rate
988	988	17 methodology for aides. In addition, for residential services
989	989	18 delivered on or after January 1, 2023 the rates shall include
990	990	19 an increase sufficient to provide wages for all residential
991	991	20 non-executive direct care staff, excluding aides, at the
992	992	21 federal Department of Labor, Bureau of Labor Statistics'
993	993	22 average wage as determined by the Department. Also, for
994	994	23 services delivered on or after January 1, 2023, the rates will
995	995	24 include adjustments to employment-related expenses as defined
996	996	25 in rule by the Department. The Department shall adopt rules,
997	997	26 including emergency rules as authorized by Section 5-45 of the
998	998
999	999
1000	1000
1001	1001
1002	1002
1003	1003	SB1600 - 27 - LRB103 28845 KTG 55230 b
1004	1004
1005	1005
1006	1006	SB1600- 28 -LRB103 28845 KTG 55230 b SB1600 - 28 - LRB103 28845 KTG 55230 b
1007	1007	SB1600 - 28 - LRB103 28845 KTG 55230 b
1008	1008	1 Illinois Administrative Procedure Act, to implement the
1009	1009	2 provisions of this Section.
1010	1010	3 (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
1011	1011	4 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
1012	1012	5 (305 ILCS 5/5-5.4i)
1013	1013	6 Sec. 5-5.4i. Rates and reimbursements.
1014	1014	7 (a) Within 30 days after July 6, 2017 (the effective date
1015	1015	8 of Public Act 100-23), the Department shall increase rates and
1016	1016	9 reimbursements to fund a minimum of a $0.75 per hour wage
1017	1017	10 increase for front-line personnel, including, but not limited
1018	1018	11 to, direct support persons, aides, front-line supervisors,
1019	1019	12 qualified intellectual disabilities professionals, nurses, and
1020	1020	13 non-administrative support staff working in community-based
1021	1021	14 provider organizations serving individuals with developmental
1022	1022	15 disabilities. The Department shall adopt rules, including
1023	1023	16 emergency rules under subsection (y) of Section 5-45 of the
1024	1024	17 Illinois Administrative Procedure Act, to implement the
1025	1025	18 provisions of this Section.
1026	1026	19 (b) Within 30 days after June 4, 2018 (the effective date
1027	1027	20 of Public Act 100-587), the Department shall increase rates
1028	1028	21 and reimbursements to fund a minimum of a $0.50 per hour wage
1029	1029	22 increase for front-line personnel, including, but not limited
1030	1030	23 to, direct support persons, aides, front-line supervisors,
1031	1031	24 qualified intellectual disabilities professionals, nurses, and
1032	1032	25 non-administrative support staff working in community-based
1033	1033
1034	1034
1035	1035
1036	1036
1037	1037
1038	1038	SB1600 - 28 - LRB103 28845 KTG 55230 b
1039	1039
1040	1040
1041	1041	SB1600- 29 -LRB103 28845 KTG 55230 b SB1600 - 29 - LRB103 28845 KTG 55230 b
1042	1042	SB1600 - 29 - LRB103 28845 KTG 55230 b
1043	1043	1 provider organizations serving individuals with developmental
1044	1044	2 disabilities. The Department shall adopt rules, including
1045	1045	3 emergency rules under subsection (bb) of Section 5-45 of the
1046	1046	4 Illinois Administrative Procedure Act, to implement the
1047	1047	5 provisions of this Section.
1048	1048	6 (c) Within 30 days after the effective date of this
1049	1049	7 amendatory Act of the 101st General Assembly, subject to
1050	1050	8 federal approval, the Department shall increase rates and
1051	1051	9 reimbursements in effect on June 30, 2019 for community-based
1052	1052	10 providers for persons with Developmental Disabilities by 3.5%.
1053	1053	11 The Department shall adopt rules, including emergency rules
1054	1054	12 under subsection (ii) of Section 5-45 of the Illinois
1055	1055	13 Administrative Procedure Act, to implement the provisions of
1056	1056	14 this Section, including wage increases for direct care staff.
1057	1057	15 (d) For community-based providers serving persons with
1058	1058	16 intellectual or developmental disabilities, subject to federal
1059	1059	17 approval, the rates taking effect for services delivered on or
1060	1060	18 after July 1, 2023, shall be increased sufficiently to provide
1061	1061	19 a minimum $4.00 per hour wage increase over the wages in effect
1062	1062	20 on June 30, 2023 for front-line personnel, including, but not
1063	1063	21 limited to, direct support persons, aides, front-line
1064	1064	22 supervisors, and non-administrative support staff working in
1065	1065	23 community-based provider organizations serving individuals
1066	1066	24 with developmental disabilities, and sufficient to provide
1067	1067	25 wages for all other residential non-executive direct care
1068	1068	26 staff, excluding direct support personnel, at the U.S.
1069	1069
1070	1070
1071	1071
1072	1072
1073	1073
1074	1074	SB1600 - 29 - LRB103 28845 KTG 55230 b
1075	1075
1076	1076
1077	1077	SB1600- 30 -LRB103 28845 KTG 55230 b SB1600 - 30 - LRB103 28845 KTG 55230 b
1078	1078	SB1600 - 30 - LRB103 28845 KTG 55230 b
1079	1079	1 Department of Labor, Bureau of Labor Statistics' average wage
1080	1080	2 as defined, by rule, by the Department. The Department shall
1081	1081	3 adopt rules, including emergency rules in accordance with the
1082	1082	4 Illinois Administrative Procedure Act, to implement the
1083	1083	5 provisions of this subsection.
1084	1084	6 (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
1085	1085	7 101-10, eff. 6-5-19.)
1086	1086	8 Section 99. Effective date. This Act takes effect upon
1087	1087	9 becoming law.
1088	1088
1089	1089
1090	1090
1091	1091
1092	1092
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