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Illinois House Bill HB2898

Illinois 2025-2026 Regular Session

Illinois House Bill HB2898 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2898 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.65 new20 ILCS 1705/74 Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that, for persons with intellectual and developmental disabilities who are receiving Community Integrated Living Arrangement (CILA) residential services under the Home and Community-Based Services Waiver Program for Adults with Developmental Disabilities, beginning July 1, 2025, the Department of Human Services shall increase CILA site modification reimbursement maximums as follows: (i) a $10,000 maximum for rented locations with a lease of less than 5 years; (ii) a $15,000 maximum for new construction; and (iii) a $30,000 maximum for existing structures that are owned by the CILA recipient or the CILA agency or have a long-term lease of 5 years or more with a renewal at the end of the lease. Provides that implementation of the increases is contingent upon federal approval, if required. Requires the Department to adopt rules, including emergency rules as authorized under the Illinois Administrative Procedure Act. Effective immediately. LRB104 10115 KTG 20187 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2898 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.65 new20 ILCS 1705/74 5 ILCS 100/5-45.65 new 20 ILCS 1705/74 Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that, for persons with intellectual and developmental disabilities who are receiving Community Integrated Living Arrangement (CILA) residential services under the Home and Community-Based Services Waiver Program for Adults with Developmental Disabilities, beginning July 1, 2025, the Department of Human Services shall increase CILA site modification reimbursement maximums as follows: (i) a $10,000 maximum for rented locations with a lease of less than 5 years; (ii) a $15,000 maximum for new construction; and (iii) a $30,000 maximum for existing structures that are owned by the CILA recipient or the CILA agency or have a long-term lease of 5 years or more with a renewal at the end of the lease. Provides that implementation of the increases is contingent upon federal approval, if required. Requires the Department to adopt rules, including emergency rules as authorized under the Illinois Administrative Procedure Act. Effective immediately. LRB104 10115 KTG 20187 b LRB104 10115 KTG 20187 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2898 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED:
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66 Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that, for persons with intellectual and developmental disabilities who are receiving Community Integrated Living Arrangement (CILA) residential services under the Home and Community-Based Services Waiver Program for Adults with Developmental Disabilities, beginning July 1, 2025, the Department of Human Services shall increase CILA site modification reimbursement maximums as follows: (i) a $10,000 maximum for rented locations with a lease of less than 5 years; (ii) a $15,000 maximum for new construction; and (iii) a $30,000 maximum for existing structures that are owned by the CILA recipient or the CILA agency or have a long-term lease of 5 years or more with a renewal at the end of the lease. Provides that implementation of the increases is contingent upon federal approval, if required. Requires the Department to adopt rules, including emergency rules as authorized under the Illinois Administrative Procedure Act. Effective immediately.
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1212 1 AN ACT concerning State government.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Illinois Administrative Procedure Act is
1616 5 amended by adding Section 5-45.65 as follows:
1717 6 (5 ILCS 100/5-45.65 new)
1818 7 Sec. 5-45.65. Emergency rulemaking; increases to CILA site
1919 8 modification maximums. To provide for the expeditious and
2020 9 timely implementation of the changes made to Section 74 of the
2121 10 Mental Health and Developmental Disabilities Administrative
2222 11 Act by this amendatory Act of the 104th General Assembly,
2323 12 emergency rules implementing the changes made to Section 74 of
2424 13 the Mental Health and Developmental Disabilities
2525 14 Administrative Act may be adopted in accordance with Section
2626 15 5-45 by the Department of Human Services. The adoption of
2727 16 emergency rules authorized by Section 5-45 and this Section is
2828 17 deemed to be necessary for the public interest, safety, and
2929 18 welfare.
3030 19 This Section is repealed one year after the effective date
3131 20 of this amendatory Act of the 104th General Assembly.
3232 21 Section 10. The Mental Health and Developmental
3333 22 Disabilities Administrative Act is amended by changing Section
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2898 Introduced , by Rep. Suzanne M. Ness SYNOPSIS AS INTRODUCED:
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4141 Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that, for persons with intellectual and developmental disabilities who are receiving Community Integrated Living Arrangement (CILA) residential services under the Home and Community-Based Services Waiver Program for Adults with Developmental Disabilities, beginning July 1, 2025, the Department of Human Services shall increase CILA site modification reimbursement maximums as follows: (i) a $10,000 maximum for rented locations with a lease of less than 5 years; (ii) a $15,000 maximum for new construction; and (iii) a $30,000 maximum for existing structures that are owned by the CILA recipient or the CILA agency or have a long-term lease of 5 years or more with a renewal at the end of the lease. Provides that implementation of the increases is contingent upon federal approval, if required. Requires the Department to adopt rules, including emergency rules as authorized under the Illinois Administrative Procedure Act. Effective immediately.
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7070 1 74 as follows:
7171 2 (20 ILCS 1705/74)
7272 3 Sec. 74. Rates and reimbursements.
7373 4 (a) Within 30 days after July 6, 2017 (the effective date
7474 5 of Public Act 100-23), the Department shall increase rates and
7575 6 reimbursements to fund a minimum of a $0.75 per hour wage
7676 7 increase for front-line personnel, including, but not limited
7777 8 to, direct support professionals, aides, front-line
7878 9 supervisors, qualified intellectual disabilities
7979 10 professionals, nurses, and non-administrative support staff
8080 11 working in community-based provider organizations serving
8181 12 individuals with developmental disabilities. The Department
8282 13 shall adopt rules, including emergency rules under subsection
8383 14 (y) of Section 5-45 of the Illinois Administrative Procedure
8484 15 Act, to implement the provisions of this Section.
8585 16 (b) Rates and reimbursements. Within 30 days after June 4,
8686 17 2018 (the effective date of Public Act 100-587), the
8787 18 Department shall increase rates and reimbursements to fund a
8888 19 minimum of a $0.50 per hour wage increase for front-line
8989 20 personnel, including, but not limited to, direct support
9090 21 professionals, aides, front-line supervisors, qualified
9191 22 intellectual disabilities professionals, nurses, and
9292 23 non-administrative support staff working in community-based
9393 24 provider organizations serving individuals with developmental
9494 25 disabilities. The Department shall adopt rules, including
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105105 1 emergency rules under subsection (bb) of Section 5-45 of the
106106 2 Illinois Administrative Procedure Act, to implement the
107107 3 provisions of this Section.
108108 4 (c) Rates and reimbursements. Within 30 days after June 5,
109109 5 2019 (the effective date of Public Act 101-10), subject to
110110 6 federal approval, the Department shall increase rates and
111111 7 reimbursements in effect on June 30, 2019 for community-based
112112 8 providers for persons with Developmental Disabilities by 3.5%
113113 9 The Department shall adopt rules, including emergency rules
114114 10 under subsection (jj) of Section 5-45 of the Illinois
115115 11 Administrative Procedure Act, to implement the provisions of
116116 12 this Section, including wage increases for direct care staff.
117117 13 (d) For community-based providers serving persons with
118118 14 intellectual/developmental disabilities, subject to federal
119119 15 approval of any relevant Waiver Amendment, the rates taking
120120 16 effect for services delivered on or after January 1, 2022,
121121 17 shall include an increase in the rate methodology sufficient
122122 18 to provide a $1.50 per hour wage increase for direct support
123123 19 professionals in residential settings and sufficient to
124124 20 provide wages for all residential non-executive direct care
125125 21 staff, excluding direct support professionals, at the federal
126126 22 Department of Labor, Bureau of Labor Statistics' average wage
127127 23 as defined in rule by the Department.
128128 24 The establishment of and any changes to the rate
129129 25 methodologies for community-based services provided to persons
130130 26 with intellectual/developmental disabilities are subject to
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141141 1 federal approval of any relevant Waiver Amendment and shall be
142142 2 defined in rule by the Department. The Department shall adopt
143143 3 rules, including emergency rules as authorized by Section 5-45
144144 4 of the Illinois Administrative Procedure Act, to implement the
145145 5 provisions of this subsection (d).
146146 6 (e) For community-based providers serving persons with
147147 7 intellectual/developmental disabilities, subject to federal
148148 8 approval of any relevant Waiver Amendment, the rates taking
149149 9 effect for services delivered on or after January 1, 2023,
150150 10 shall include an increase in the rate methodology sufficient
151151 11 to provide a $1.00 per hour wage increase for all direct
152152 12 support professionals and all other frontline personnel who
153153 13 are not subject to the Bureau of Labor Statistics' average
154154 14 wage increases, who work in residential and community day
155155 15 services settings, with at least $0.50 of those funds to be
156156 16 provided as a direct increase to base wages, with the
157157 17 remaining $0.50 to be used flexibly for base wage increases.
158158 18 In addition, the rates taking effect for services delivered on
159159 19 or after January 1, 2023 shall include an increase sufficient
160160 20 to provide wages for all residential non-executive direct care
161161 21 staff, excluding direct support professionals, at the federal
162162 22 Department of Labor, Bureau of Labor Statistics' average wage
163163 23 as defined in rule by the Department.
164164 24 The establishment of and any changes to the rate
165165 25 methodologies for community-based services provided to persons
166166 26 with intellectual/developmental disabilities are subject to
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177177 1 federal approval of any relevant Waiver Amendment and shall be
178178 2 defined in rule by the Department. The Department shall adopt
179179 3 rules, including emergency rules as authorized by Section 5-45
180180 4 of the Illinois Administrative Procedure Act, to implement the
181181 5 provisions of this subsection.
182182 6 (f) For community-based providers serving persons with
183183 7 intellectual/developmental disabilities, subject to federal
184184 8 approval of any relevant Waiver Amendment, the rates taking
185185 9 effect for services delivered on or after January 1, 2024
186186 10 shall include an increase in the rate methodology sufficient
187187 11 to provide a $2.50 per hour wage increase for all direct
188188 12 support professionals and all other frontline personnel who
189189 13 are not subject to the Bureau of Labor Statistics' average
190190 14 wage increases and who work in residential and community day
191191 15 services settings. At least $1.25 of the per hour wage
192192 16 increase shall be provided as a direct increase to base wages,
193193 17 and the remaining $1.25 of the per hour wage increase shall be
194194 18 used flexibly for base wage increases. In addition, the rates
195195 19 taking effect for services delivered on or after January 1,
196196 20 2024 shall include an increase sufficient to provide wages for
197197 21 all residential non-executive direct care staff, excluding
198198 22 direct support professionals, at the federal Department of
199199 23 Labor, Bureau of Labor Statistics' average wage as defined in
200200 24 rule by the Department.
201201 25 The establishment of and any changes to the rate
202202 26 methodologies for community-based services provided to persons
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213213 1 with intellectual/developmental disabilities are subject to
214214 2 federal approval of any relevant Waiver Amendment and shall be
215215 3 defined in rule by the Department. The Department shall adopt
216216 4 rules, including emergency rules as authorized by Section 5-45
217217 5 of the Illinois Administrative Procedure Act, to implement the
218218 6 provisions of this subsection.
219219 7 (g) For community-based providers serving persons with
220220 8 intellectual or developmental disabilities, subject to federal
221221 9 approval of any relevant Waiver Amendment, the rates taking
222222 10 effect for services delivered on or after January 1, 2025
223223 11 shall include an increase in the rate methodology sufficient
224224 12 to provide a $1 per hour wage rate increase for all direct
225225 13 support personnel and all other frontline personnel who are
226226 14 not subject to the Bureau of Labor Statistics' average wage
227227 15 increases and who work in residential and community day
228228 16 services settings, with at least $0.75 of those funds to be
229229 17 provided as a direct increase to base wages and the remaining
230230 18 $0.25 to be used flexibly for base wage increases. These
231231 19 increases shall not be used by community-based providers for
232232 20 operational or administrative expenses. In addition, the rates
233233 21 taking effect for services delivered on or after January 1,
234234 22 2025 shall include an increase sufficient to provide wages for
235235 23 all residential non-executive direct care staff, excluding
236236 24 direct support personnel, at the federal Department of Labor,
237237 25 Bureau of Labor Statistics' average wage as defined by rule by
238238 26 the Department. For services delivered on or after January 1,
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249249 1 2025, the rates shall include adjustments to
250250 2 employment-related expenses as defined by rule by the
251251 3 Department.
252252 4 The establishment of and any changes to the rate
253253 5 methodologies for community-based services provided to persons
254254 6 with intellectual or developmental disabilities are subject to
255255 7 federal approval of any relevant Waiver Amendment and shall be
256256 8 defined in rule by the Department. The Department shall adopt
257257 9 rules, including emergency rules as authorized by Section 5-45
258258 10 of the Illinois Administrative Procedure Act, to implement the
259259 11 provisions of this subsection.
260260 12 (h) Notwithstanding any other provision of this Section,
261261 13 for persons with intellectual and developmental disabilities
262262 14 who are receiving Community Integrated Living Arrangement
263263 15 (CILA) residential services under the Home and Community-Based
264264 16 Services Waiver Program for Adults with Developmental
265265 17 Disabilities, beginning July 1, 2025, the Department of Human
266266 18 Services shall increase CILA site modification maximums as
267267 19 follows:
268268 20 (1) rented locations with a lease of less than 5 years
269269 21 shall have a $10,000 maximum reimbursement;
270270 22 (2) new construction shall have a $15,000 maximum
271271 23 reimbursement; and
272272 24 (3) existing structures that are owned by the person or
273273 25 CILA agency or have a long-term lease of 5 years or greater
274274 26 with a renewal at the end of the lease shall have a $30,000
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285285 1 maximum.
286286 2 Implementation of the increases is contingent upon federal
287287 3 approval, if required. The Department shall adopt rules,
288288 4 including emergency rules as authorized by Section 5-45 of the
289289 5 Illinois Administrative Procedure Act to implement the
290290 6 provisions of this Section.
291291 7 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
292292 8 102-830, eff. 1-1-23; 103-8, eff. 6-7-23; 103-154, eff.
293293 9 6-30-23; 103-588, eff. 6-5-24.)
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