Illinois 2025-2026 Regular Session

Illinois House Bill HB3089 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3089 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.65 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, 2025 shall be increased sufficiently to: (i) provide a minimum $2.00 per hour wage increase over the wages in effect on June 30, 2025 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, 2025, shall be increased sufficiently to: (i) provide a minimum $2.00 per hour wage increase over the wages in effect on June 30, 2025 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. LRB104 06905 KTG 16941 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3089 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.65 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 100/5-45.65 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, 2025 shall be increased sufficiently to: (i) provide a minimum $2.00 per hour wage increase over the wages in effect on June 30, 2025 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, 2025, shall be increased sufficiently to: (i) provide a minimum $2.00 per hour wage increase over the wages in effect on June 30, 2025 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. LRB104 06905 KTG 16941 b LRB104 06905 KTG 16941 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3089 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 100/5-45.65 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 100/5-45.65 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 100/5-45.65 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, 2025 shall be increased sufficiently to: (i) provide a minimum $2.00 per hour wage increase over the wages in effect on June 30, 2025 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, 2025, shall be increased sufficiently to: (i) provide a minimum $2.00 per hour wage increase over the wages in effect on June 30, 2025 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	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3089 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
42	42	5 ILCS 100/5-45.65 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 100/5-45.65 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 100/5-45.65 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, 2025 shall be increased sufficiently to: (i) provide a minimum $2.00 per hour wage increase over the wages in effect on June 30, 2025 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, 2025, shall be increased sufficiently to: (i) provide a minimum $2.00 per hour wage increase over the wages in effect on June 30, 2025 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 100/5-45.65 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 means, despite
86	86	7 modest wage increases and strenuous efforts to recruit new
87	87	8 workers, agencies are struggling to fill positions and
88	88	9 keep them filled with 90% of community providers
89	89	10 experiencing staffing challenges. Excessive vacancies
90	90	11 force employers to rely more on overtime, with providers
91	91	12 reporting an average of 11,000 hours of staff overtime a
92	92	13 month, leading to staff burnout and driving up costs.
93	93	14 (5) A December 2020 report issued by an independent
94	94	15 consulting group commissioned by the State to propose
95	95	16 changes to the State's reimbursement for community
96	96	17 disability agencies recommended that addressing DSP wages
97	97	18 was the number one priority for ensuring compliance with
98	98	19 the mandates of the Ligas Consent Decree, and further
99	99	20 recommended that wages for DSPs should be fixed at 150% of
100	100	21 the prevailing minimum wage plus additional funding for
101	101	22 benefits.
102	102	23 (6) The difference between 150% of the State minimum
103	103	24 wage on January 1, 2025 and the hourly DSP wage rate set by
104	104	25 the State amounts to $2.00 per hour.
105	105	26 (7) The General Assembly finds that in order to reduce
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116	116	1 turnover, increase retention, fill vacancies, and ensure
117	117	2 DSPs are adequately compensated for the critically
118	118	3 important work they do, an increase in rates and
119	119	4 reimbursements to community-based service providers to
120	120	5 effectuate an increase in the hourly wage paid to DSPs is
121	121	6 needed.
122	122	7 Section 3. Purpose and intent. It is the purpose of this
123	123	8 Act to increase the wages of DSPs and other front-line staff in
124	124	9 community disability agencies beyond the poverty level and to
125	125	10 a level competitive with rival employers and above the State
126	126	11 minimum wage, in an effort to improve the lives of DSPs and the
127	127	12 lives of the vulnerable persons they support.
128	128	13 It is the intent of the General Assembly to ensure that all
129	129	14 funds resulting from rate increases provided to community
130	130	15 disability agencies are allocated to front-line employee wages
131	131	16 in order to address the current workforce crisis which is the
132	132	17 primary obstacle to the availability of community-based
133	133	18 services for people with disabilities.
134	134	19 Section 5. The Illinois Administrative Procedure Act is
135	135	20 amended by adding Section 5-45.65 as follows:
136	136	21 (5 ILCS 100/5-45.65 new)
137	137	22 Sec. 5-45.65. Emergency rulemaking; Departments of Human
138	138	23 Services and Healthcare and Family Services. To provide for
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149	149	1 the expeditious and timely implementation of changes made by
150	150	2 this amendatory Act of the 104th General Assembly to Section
151	151	3 74 of the Mental Health and Developmental Disabilities
152	152	4 Administrative Act and to Sections 5-5.4 and 5-5.4i of the
153	153	5 Illinois Public Aid Code, emergency rules implementing the
154	154	6 changes made by this amendatory Act of the 104th General
155	155	7 Assembly to Section 74 of the Mental Health and Developmental
156	156	8 Disabilities Administrative Act and to Sections 5-5.4 and
157	157	9 5-5.4i of the Illinois Public Aid Code may be adopted in
158	158	10 accordance with Section 5-45 by the respective Department. The
159	159	11 adoption of emergency rules authorized by Section 5-45 and
160	160	12 this Section is deemed to be necessary for the public
161	161	13 interest, safety, and welfare.
162	162	14 This Section is repealed one year after the effective date
163	163	15 of this amendatory Act of the 104th General Assembly.
164	164	16 Section 10. The Mental Health and Developmental
165	165	17 Disabilities Administrative Act is amended by changing Section
166	166	18 74 and by adding Section 55.5 as follows:
167	167	19 (20 ILCS 1705/55.5 new)
168	168	20 Sec. 55.5. Increased wages for front-line personnel. As
169	169	21 used in this Section, "front-line personnel" means direct
170	170	22 support professionals, aides, front-line supervisors, and
171	171	23 non-administrative support staff working in service settings
172	172	24 outlined in this Section.
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183	183	1 The Department shall establish reimbursement rates that
184	184	2 build toward livable wages for front-line personnel in
185	185	3 residential and day programs and service coordination agencies
186	186	4 serving persons with intellectual and developmental
187	187	5 disabilities under Section 54 of this Act, including, but not
188	188	6 limited to, intermediate care for the developmentally disabled
189	189	7 facilities, medically complex for the developmentally disabled
190	190	8 facilities, community-integrated living arrangements,
191	191	9 community day services, employment, and other residential and
192	192	10 day programs for persons with intellectual and developmental
193	193	11 disabilities supported by State funds or funding under Title
194	194	12 XIX of the federal Social Security Act.
195	195	13 The Department shall increase rates and reimbursements so
196	196	14 that by July 1, 2025 direct support professionals wages shall
197	197	15 be increased by $2.00 per hour, and so that other front-line
198	198	16 personnel earn a commensurate wage.
199	199	17 (20 ILCS 1705/74)
200	200	18 Sec. 74. Rates and reimbursements.
201	201	19 (a) Within 30 days after July 6, 2017 (the effective date
202	202	20 of Public Act 100-23), the Department shall increase rates and
203	203	21 reimbursements to fund a minimum of a $0.75 per hour wage
204	204	22 increase for front-line personnel, including, but not limited
205	205	23 to, direct support professionals, aides, front-line
206	206	24 supervisors, qualified intellectual disabilities
207	207	25 professionals, nurses, and non-administrative support staff
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218	218	1 working in community-based provider organizations serving
219	219	2 individuals with developmental disabilities. The Department
220	220	3 shall adopt rules, including emergency rules under subsection
221	221	4 (y) of Section 5-45 of the Illinois Administrative Procedure
222	222	5 Act, to implement the provisions of this Section.
223	223	6 (b) Rates and reimbursements. Within 30 days after June 4,
224	224	7 2018 (the effective date of Public Act 100-587), the
225	225	8 Department shall increase rates and reimbursements to fund a
226	226	9 minimum of a $0.50 per hour wage increase for front-line
227	227	10 personnel, including, but not limited to, direct support
228	228	11 professionals, aides, front-line supervisors, qualified
229	229	12 intellectual disabilities professionals, nurses, and
230	230	13 non-administrative support staff working in community-based
231	231	14 provider organizations serving individuals with developmental
232	232	15 disabilities. The Department shall adopt rules, including
233	233	16 emergency rules under subsection (bb) of Section 5-45 of the
234	234	17 Illinois Administrative Procedure Act, to implement the
235	235	18 provisions of this Section.
236	236	19 (c) Rates and reimbursements. Within 30 days after June 5,
237	237	20 2019 (the effective date of Public Act 101-10), subject to
238	238	21 federal approval, the Department shall increase rates and
239	239	22 reimbursements in effect on June 30, 2019 for community-based
240	240	23 providers for persons with Developmental Disabilities by 3.5%
241	241	24 The Department shall adopt rules, including emergency rules
242	242	25 under subsection (jj) of Section 5-45 of the Illinois
243	243	26 Administrative Procedure Act, to implement the provisions of
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254	254	1 this Section, including wage increases for direct care staff.
255	255	2 (d) For community-based providers serving persons with
256	256	3 intellectual/developmental disabilities, subject to federal
257	257	4 approval of any relevant Waiver Amendment, the rates taking
258	258	5 effect for services delivered on or after January 1, 2022,
259	259	6 shall include an increase in the rate methodology sufficient
260	260	7 to provide a $1.50 per hour wage increase for direct support
261	261	8 professionals in residential settings and sufficient to
262	262	9 provide wages for all residential non-executive direct care
263	263	10 staff, excluding direct support professionals, at the federal
264	264	11 Department of Labor, Bureau of Labor Statistics' average wage
265	265	12 as defined in rule by the Department.
266	266	13 The establishment of and any changes to the rate
267	267	14 methodologies for community-based services provided to persons
268	268	15 with intellectual/developmental disabilities are subject to
269	269	16 federal approval of any relevant Waiver Amendment and shall be
270	270	17 defined in rule by the Department. The Department shall adopt
271	271	18 rules, including emergency rules as authorized by Section 5-45
272	272	19 of the Illinois Administrative Procedure Act, to implement the
273	273	20 provisions of this subsection (d).
274	274	21 (e) For community-based providers serving persons with
275	275	22 intellectual/developmental disabilities, subject to federal
276	276	23 approval of any relevant Waiver Amendment, the rates taking
277	277	24 effect for services delivered on or after January 1, 2023,
278	278	25 shall include an increase in the rate methodology sufficient
279	279	26 to provide a $1.00 per hour wage increase for all direct
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290	290	1 support professionals and all other frontline personnel who
291	291	2 are not subject to the Bureau of Labor Statistics' average
292	292	3 wage increases, who work in residential and community day
293	293	4 services settings, with at least $0.50 of those funds to be
294	294	5 provided as a direct increase to base wages, with the
295	295	6 remaining $0.50 to be used flexibly for base wage increases.
296	296	7 In addition, the rates taking effect for services delivered on
297	297	8 or after January 1, 2023 shall include an increase sufficient
298	298	9 to provide wages for all residential non-executive direct care
299	299	10 staff, excluding direct support professionals, at the federal
300	300	11 Department of Labor, Bureau of Labor Statistics' average wage
301	301	12 as defined in rule by the Department.
302	302	13 The establishment of and any changes to the rate
303	303	14 methodologies for community-based services provided to persons
304	304	15 with intellectual/developmental disabilities are subject to
305	305	16 federal approval of any relevant Waiver Amendment and shall be
306	306	17 defined in rule by the Department. The Department shall adopt
307	307	18 rules, including emergency rules as authorized by Section 5-45
308	308	19 of the Illinois Administrative Procedure Act, to implement the
309	309	20 provisions of this subsection.
310	310	21 (f) For community-based providers serving persons with
311	311	22 intellectual/developmental disabilities, subject to federal
312	312	23 approval of any relevant Waiver Amendment, the rates taking
313	313	24 effect for services delivered on or after January 1, 2024
314	314	25 shall include an increase in the rate methodology sufficient
315	315	26 to provide a $2.50 per hour wage increase for all direct
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326	326	1 support professionals and all other frontline personnel who
327	327	2 are not subject to the Bureau of Labor Statistics' average
328	328	3 wage increases and who work in residential and community day
329	329	4 services settings. At least $1.25 of the per hour wage
330	330	5 increase shall be provided as a direct increase to base wages,
331	331	6 and the remaining $1.25 of the per hour wage increase shall be
332	332	7 used flexibly for base wage increases. In addition, the rates
333	333	8 taking effect for services delivered on or after January 1,
334	334	9 2024 shall include an increase sufficient to provide wages for
335	335	10 all residential non-executive direct care staff, excluding
336	336	11 direct support professionals, at the federal Department of
337	337	12 Labor, Bureau of Labor Statistics' average wage as defined in
338	338	13 rule by the Department.
339	339	14 The establishment of and any changes to the rate
340	340	15 methodologies for community-based services provided to persons
341	341	16 with intellectual/developmental disabilities are subject to
342	342	17 federal approval of any relevant Waiver Amendment and shall be
343	343	18 defined in rule by the Department. The Department shall adopt
344	344	19 rules, including emergency rules as authorized by Section 5-45
345	345	20 of the Illinois Administrative Procedure Act, to implement the
346	346	21 provisions of this subsection.
347	347	22 (g) For community-based providers serving persons with
348	348	23 intellectual or developmental disabilities, subject to federal
349	349	24 approval of any relevant Waiver Amendment, the rates taking
350	350	25 effect for services delivered on or after January 1, 2025
351	351	26 shall include an increase in the rate methodology sufficient
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362	362	1 to provide a $1 per hour wage rate increase for all direct
363	363	2 support personnel and all other frontline personnel who are
364	364	3 not subject to the Bureau of Labor Statistics' average wage
365	365	4 increases and who work in residential and community day
366	366	5 services settings, with at least $0.75 of those funds to be
367	367	6 provided as a direct increase to base wages and the remaining
368	368	7 $0.25 to be used flexibly for base wage increases. These
369	369	8 increases shall not be used by community-based providers for
370	370	9 operational or administrative expenses. In addition, the rates
371	371	10 taking effect for services delivered on or after January 1,
372	372	11 2025 shall include an increase sufficient to provide wages for
373	373	12 all residential non-executive direct care staff, excluding
374	374	13 direct support personnel, at the federal Department of Labor,
375	375	14 Bureau of Labor Statistics' average wage as defined by rule by
376	376	15 the Department. For services delivered on or after January 1,
377	377	16 2025, the rates shall include adjustments to
378	378	17 employment-related expenses as defined by rule by the
379	379	18 Department.
380	380	19 The establishment of and any changes to the rate
381	381	20 methodologies for community-based services provided to persons
382	382	21 with intellectual or developmental disabilities are subject to
383	383	22 federal approval of any relevant Waiver Amendment and shall be
384	384	23 defined in rule by the Department. The Department shall adopt
385	385	24 rules, including emergency rules as authorized by Section 5-45
386	386	25 of the Illinois Administrative Procedure Act, to implement the
387	387	26 provisions of this subsection.
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398	398	1 (h) For community-based providers serving persons with
399	399	2 intellectual or developmental disabilities, subject to federal
400	400	3 approval, the rates taking effect for services delivered on or
401	401	4 after July 1, 2025 shall be increased sufficiently to provide
402	402	5 a minimum $2.00 per hour wage increase over the wages in effect
403	403	6 on June 30, 2025 for front-line personnel, including, but not
404	404	7 limited to, direct support professionals, aides, front-line
405	405	8 supervisors, and non-administrative support staff working in
406	406	9 community-based provider organizations serving individuals
407	407	10 with developmental disabilities, and sufficient to provide
408	408	11 wages for all other residential non-executive direct care
409	409	12 staff, excluding direct support professionals, at the U.S.
410	410	13 Department of Labor, Bureau of Labor Statistics' average wage
411	411	14 as defined, by rule, by the Department. The Department shall
412	412	15 adopt rules, including emergency rules in accordance with the
413	413	16 Illinois Administrative Procedure Act, to implement the
414	414	17 provisions of this subsection.
415	415	18 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
416	416	19 102-830, eff. 1-1-23; 103-8, eff. 6-7-23; 103-154, eff.
417	417	20 6-30-23; 103-588, eff. 6-5-24.)
418	418	21 Section 15. The Illinois Public Aid Code is amended by
419	419	22 changing Sections 5-5.4 and 5-5.4i as follows:
420	420	23 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
421	421	24 Sec. 5-5.4. Standards of payment; Department of Healthcare
422	422
423	423
424	424
425	425
426	426
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432	432	1 and Family Services. The Department of Healthcare and Family
433	433	2 Services shall develop standards of payment of nursing
434	434	3 facility and ICF/DD services in facilities providing such
435	435	4 services under this Article which:
436	436	5 (1) Provide for the determination of a facility's payment
437	437	6 for nursing facility or ICF/DD services on a prospective
438	438	7 basis. The amount of the payment rate for all nursing
439	439	8 facilities certified by the Department of Public Health under
440	440	9 the ID/DD Community Care Act or the Nursing Home Care Act as
441	441	10 Intermediate Care for the Developmentally Disabled facilities,
442	442	11 Long Term Care for Under Age 22 facilities, Skilled Nursing
443	443	12 facilities, or Intermediate Care facilities under the medical
444	444	13 assistance program shall be prospectively established annually
445	445	14 on the basis of historical, financial, and statistical data
446	446	15 reflecting actual costs from prior years, which shall be
447	447	16 applied to the current rate year and updated for inflation,
448	448	17 except that the capital cost element for newly constructed
449	449	18 facilities shall be based upon projected budgets. The annually
450	450	19 established payment rate shall take effect on July 1 in 1984
451	451	20 and subsequent years. No rate increase and no update for
452	452	21 inflation shall be provided on or after July 1, 1994, unless
453	453	22 specifically provided for in this Section. The changes made by
454	454	23 Public Act 93-841 extending the duration of the prohibition
455	455	24 against a rate increase or update for inflation are effective
456	456	25 retroactive to July 1, 2004.
457	457	26 For facilities licensed by the Department of Public Health
458	458
459	459
460	460
461	461
462	462
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464	464
465	465
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468	468	1 under the Nursing Home Care Act as Intermediate Care for the
469	469	2 Developmentally Disabled facilities or Long Term Care for
470	470	3 Under Age 22 facilities, the rates taking effect on July 1,
471	471	4 1998 shall include an increase of 3%. For facilities licensed
472	472	5 by the Department of Public Health under the Nursing Home Care
473	473	6 Act as Skilled Nursing facilities or Intermediate Care
474	474	7 facilities, the rates taking effect on July 1, 1998 shall
475	475	8 include an increase of 3% plus $1.10 per resident-day, as
476	476	9 defined by the Department. For facilities licensed by the
477	477	10 Department of Public Health under the Nursing Home Care Act as
478	478	11 Intermediate Care Facilities for the Developmentally Disabled
479	479	12 or Long Term Care for Under Age 22 facilities, the rates taking
480	480	13 effect on January 1, 2006 shall include an increase of 3%. For
481	481	14 facilities licensed by the Department of Public Health under
482	482	15 the Nursing Home Care Act as Intermediate Care Facilities for
483	483	16 the Developmentally Disabled or Long Term Care for Under Age
484	484	17 22 facilities, the rates taking effect on January 1, 2009
485	485	18 shall include an increase sufficient to provide a $0.50 per
486	486	19 hour wage increase for non-executive staff. For facilities
487	487	20 licensed by the Department of Public Health under the ID/DD
488	488	21 Community Care Act as ID/DD Facilities the rates taking effect
489	489	22 within 30 days after July 6, 2017 (the effective date of Public
490	490	23 Act 100-23) shall include an increase sufficient to provide a
491	491	24 $0.75 per hour wage increase for non-executive staff. The
492	492	25 Department shall adopt rules, including emergency rules under
493	493	26 subsection (y) of Section 5-45 of the Illinois Administrative
494	494
495	495
496	496
497	497
498	498
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500	500
501	501
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504	504	1 Procedure Act, to implement the provisions of this paragraph.
505	505	2 For facilities licensed by the Department of Public Health
506	506	3 under the ID/DD Community Care Act as ID/DD Facilities and
507	507	4 under the MC/DD Act as MC/DD Facilities, the rates taking
508	508	5 effect within 30 days after June 5, 2019 (the effective date of
509	509	6 Public Act 101-10) shall include an increase sufficient to
510	510	7 provide a $0.50 per hour wage increase for non-executive
511	511	8 front-line personnel, including, but not limited to, direct
512	512	9 support persons, aides, front-line supervisors, qualified
513	513	10 intellectual disabilities professionals, nurses, and
514	514	11 non-administrative support staff. The Department shall adopt
515	515	12 rules, including emergency rules under subsection (bb) of
516	516	13 Section 5-45 of the Illinois Administrative Procedure Act, to
517	517	14 implement the provisions of this paragraph.
518	518	15 For facilities licensed by the Department of Public Health
519	519	16 under the ID/DD Community Care Act as ID/DD facilities and
520	520	17 under the MC/DD Act as MC/DD facilities, subject to federal
521	521	18 approval, the rates taking effect for services delivered on or
522	522	19 after July 1, 2025, shall be increased sufficiently to provide
523	523	20 a minimum $2.00 per hour wage increase over the wages in effect
524	524	21 on June 30, 2025 for front-line personnel, including, but not
525	525	22 limited to, direct support professionals, aides, front-line
526	526	23 supervisors, and non-administrative support staff working in
527	527	24 community-based provider organizations serving individuals
528	528	25 with developmental disabilities, and sufficient to provide
529	529	26 wages for all other residential non-executive direct care
530	530
531	531
532	532
533	533
534	534
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536	536
537	537
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539	539	HB3089 - 15 - LRB104 06905 KTG 16941 b
540	540	1 staff, excluding direct support professionals, at the U.S.
541	541	2 Department of Labor, Bureau of Labor Statistics' average wage
542	542	3 as defined, by rule, by the Department. The Department shall
543	543	4 adopt rules, including emergency rules in accordance with the
544	544	5 Illinois Administrative Procedure Act, to implement the
545	545	6 provisions of this paragraph.
546	546	7 For facilities licensed by the Department of Public Health
547	547	8 under the Nursing Home Care Act as Intermediate Care for the
548	548	9 Developmentally Disabled facilities or Long Term Care for
549	549	10 Under Age 22 facilities, the rates taking effect on July 1,
550	550	11 1999 shall include an increase of 1.6% plus $3.00 per
551	551	12 resident-day, as defined by the Department. For facilities
552	552	13 licensed by the Department of Public Health under the Nursing
553	553	14 Home Care Act as Skilled Nursing facilities or Intermediate
554	554	15 Care facilities, the rates taking effect on July 1, 1999 shall
555	555	16 include an increase of 1.6% and, for services provided on or
556	556	17 after October 1, 1999, shall be increased by $4.00 per
557	557	18 resident-day, as defined by the Department.
558	558	19 For facilities licensed by the Department of Public Health
559	559	20 under the Nursing Home Care Act as Intermediate Care for the
560	560	21 Developmentally Disabled facilities or Long Term Care for
561	561	22 Under Age 22 facilities, the rates taking effect on July 1,
562	562	23 2000 shall include an increase of 2.5% per resident-day, as
563	563	24 defined by the Department. For facilities licensed by the
564	564	25 Department of Public Health under the Nursing Home Care Act as
565	565	26 Skilled Nursing facilities or Intermediate Care facilities,
566	566
567	567
568	568
569	569
570	570
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572	572
573	573
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575	575	HB3089 - 16 - LRB104 06905 KTG 16941 b
576	576	1 the rates taking effect on July 1, 2000 shall include an
577	577	2 increase of 2.5% per resident-day, as defined by the
578	578	3 Department.
579	579	4 For facilities licensed by the Department of Public Health
580	580	5 under the Nursing Home Care Act as skilled nursing facilities
581	581	6 or intermediate care facilities, a new payment methodology
582	582	7 must be implemented for the nursing component of the rate
583	583	8 effective July 1, 2003. The Department of Public Aid (now
584	584	9 Healthcare and Family Services) shall develop the new payment
585	585	10 methodology using the Minimum Data Set (MDS) as the instrument
586	586	11 to collect information concerning nursing home resident
587	587	12 condition necessary to compute the rate. The Department shall
588	588	13 develop the new payment methodology to meet the unique needs
589	589	14 of Illinois nursing home residents while remaining subject to
590	590	15 the appropriations provided by the General Assembly. A
591	591	16 transition period from the payment methodology in effect on
592	592	17 June 30, 2003 to the payment methodology in effect on July 1,
593	593	18 2003 shall be provided for a period not exceeding 3 years and
594	594	19 184 days after implementation of the new payment methodology
595	595	20 as follows:
596	596	21 (A) For a facility that would receive a lower nursing
597	597	22 component rate per patient day under the new system than
598	598	23 the facility received effective on the date immediately
599	599	24 preceding the date that the Department implements the new
600	600	25 payment methodology, the nursing component rate per
601	601	26 patient day for the facility shall be held at the level in
602	602
603	603
604	604
605	605
606	606
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608	608
609	609
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611	611	HB3089 - 17 - LRB104 06905 KTG 16941 b
612	612	1 effect on the date immediately preceding the date that the
613	613	2 Department implements the new payment methodology until a
614	614	3 higher nursing component rate of reimbursement is achieved
615	615	4 by that facility.
616	616	5 (B) For a facility that would receive a higher nursing
617	617	6 component rate per patient day under the payment
618	618	7 methodology in effect on July 1, 2003 than the facility
619	619	8 received effective on the date immediately preceding the
620	620	9 date that the Department implements the new payment
621	621	10 methodology, the nursing component rate per patient day
622	622	11 for the facility shall be adjusted.
623	623	12 (C) Notwithstanding paragraphs (A) and (B), the
624	624	13 nursing component rate per patient day for the facility
625	625	14 shall be adjusted subject to appropriations provided by
626	626	15 the General Assembly.
627	627	16 For facilities licensed by the Department of Public Health
628	628	17 under the Nursing Home Care Act as Intermediate Care for the
629	629	18 Developmentally Disabled facilities or Long Term Care for
630	630	19 Under Age 22 facilities, the rates taking effect on March 1,
631	631	20 2001 shall include a statewide increase of 7.85%, as defined
632	632	21 by the Department.
633	633	22 Notwithstanding any other provision of this Section, for
634	634	23 facilities licensed by the Department of Public Health under
635	635	24 the Nursing Home Care Act as skilled nursing facilities or
636	636	25 intermediate care facilities, except facilities participating
637	637	26 in the Department's demonstration program pursuant to the
638	638
639	639
640	640
641	641
642	642
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644	644
645	645
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647	647	HB3089 - 18 - LRB104 06905 KTG 16941 b
648	648	1 provisions of Title 77, Part 300, Subpart T of the Illinois
649	649	2 Administrative Code, the numerator of the ratio used by the
650	650	3 Department of Healthcare and Family Services to compute the
651	651	4 rate payable under this Section using the Minimum Data Set
652	652	5 (MDS) methodology shall incorporate the following annual
653	653	6 amounts as the additional funds appropriated to the Department
654	654	7 specifically to pay for rates based on the MDS nursing
655	655	8 component methodology in excess of the funding in effect on
656	656	9 December 31, 2006:
657	657	10 (i) For rates taking effect January 1, 2007,
658	658	11 $60,000,000.
659	659	12 (ii) For rates taking effect January 1, 2008,
660	660	13 $110,000,000.
661	661	14 (iii) For rates taking effect January 1, 2009,
662	662	15 $194,000,000.
663	663	16 (iv) For rates taking effect April 1, 2011, or the
664	664	17 first day of the month that begins at least 45 days after
665	665	18 February 16, 2011 (the effective date of Public Act
666	666	19 96-1530), $416,500,000 or an amount as may be necessary to
667	667	20 complete the transition to the MDS methodology for the
668	668	21 nursing component of the rate. Increased payments under
669	669	22 this item (iv) are not due and payable, however, until (i)
670	670	23 the methodologies described in this paragraph are approved
671	671	24 by the federal government in an appropriate State Plan
672	672	25 amendment and (ii) the assessment imposed by Section 5B-2
673	673	26 of this Code is determined to be a permissible tax under
674	674
675	675
676	676
677	677
678	678
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680	680
681	681
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683	683	HB3089 - 19 - LRB104 06905 KTG 16941 b
684	684	1 Title XIX of the Social Security Act.
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, the support component of the
689	689	6 rates taking effect on January 1, 2008 shall be computed using
690	690	7 the most recent cost reports on file with the Department of
691	691	8 Healthcare and Family Services no later than April 1, 2005,
692	692	9 updated for inflation to January 1, 2006.
693	693	10 For facilities licensed by the Department of Public Health
694	694	11 under the Nursing Home Care Act as Intermediate Care for the
695	695	12 Developmentally Disabled facilities or Long Term Care for
696	696	13 Under Age 22 facilities, the rates taking effect on April 1,
697	697	14 2002 shall include a statewide increase of 2.0%, as defined by
698	698	15 the Department. This increase terminates on July 1, 2002;
699	699	16 beginning July 1, 2002 these rates are reduced to the level of
700	700	17 the rates in effect on March 31, 2002, as defined by the
701	701	18 Department.
702	702	19 For facilities licensed by the Department of Public Health
703	703	20 under the Nursing Home Care Act as skilled nursing facilities
704	704	21 or intermediate care facilities, the rates taking effect on
705	705	22 July 1, 2001 shall be computed using the most recent cost
706	706	23 reports on file with the Department of Public Aid no later than
707	707	24 April 1, 2000, updated for inflation to January 1, 2001. For
708	708	25 rates effective July 1, 2001 only, rates shall be the greater
709	709	26 of the rate computed for July 1, 2001 or the rate effective on
710	710
711	711
712	712
713	713
714	714
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716	716
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719	719	HB3089 - 20 - LRB104 06905 KTG 16941 b
720	720	1 June 30, 2001.
721	721	2 Notwithstanding any other provision of this Section, for
722	722	3 facilities licensed by the Department of Public Health under
723	723	4 the Nursing Home Care Act as skilled nursing facilities or
724	724	5 intermediate care facilities, the Illinois Department shall
725	725	6 determine by rule the rates taking effect on July 1, 2002,
726	726	7 which shall be 5.9% less than the rates in effect on June 30,
727	727	8 2002.
728	728	9 Notwithstanding any other provision of this Section, for
729	729	10 facilities licensed by the Department of Public Health under
730	730	11 the Nursing Home Care Act as skilled nursing facilities or
731	731	12 intermediate care facilities, if the payment methodologies
732	732	13 required under Section 5A-12 and the waiver granted under 42
733	733	14 CFR 433.68 are approved by the United States Centers for
734	734	15 Medicare and Medicaid Services, the rates taking effect on
735	735	16 July 1, 2004 shall be 3.0% greater than the rates in effect on
736	736	17 June 30, 2004. These rates shall take effect only upon
737	737	18 approval and implementation of the payment methodologies
738	738	19 required under Section 5A-12.
739	739	20 Notwithstanding any other provisions of this Section, for
740	740	21 facilities licensed by the Department of Public Health under
741	741	22 the Nursing Home Care Act as skilled nursing facilities or
742	742	23 intermediate care facilities, the rates taking effect on
743	743	24 January 1, 2005 shall be 3% more than the rates in effect on
744	744	25 December 31, 2004.
745	745	26 Notwithstanding any other provision of this Section, for
746	746
747	747
748	748
749	749
750	750
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752	752
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755	755	HB3089 - 21 - LRB104 06905 KTG 16941 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, 2009, the
759	759	4 per diem support component of the rates effective on January
760	760	5 1, 2008, computed using the most recent cost reports on file
761	761	6 with the Department of Healthcare and Family Services no later
762	762	7 than April 1, 2005, updated for inflation to January 1, 2006,
763	763	8 shall be increased to the amount that would have been derived
764	764	9 using standard Department of Healthcare and Family Services
765	765	10 methods, procedures, and inflators.
766	766	11 Notwithstanding any other provisions of this Section, for
767	767	12 facilities licensed by the Department of Public Health under
768	768	13 the Nursing Home Care Act as intermediate care facilities that
769	769	14 are federally defined as Institutions for Mental Disease, or
770	770	15 facilities licensed by the Department of Public Health under
771	771	16 the Specialized Mental Health Rehabilitation Act of 2013, a
772	772	17 socio-development component rate equal to 6.6% of the
773	773	18 facility's nursing component rate as of January 1, 2006 shall
774	774	19 be established and paid effective July 1, 2006. The
775	775	20 socio-development component of the rate shall be increased by
776	776	21 a factor of 2.53 on the first day of the month that begins at
777	777	22 least 45 days after January 11, 2008 (the effective date of
778	778	23 Public Act 95-707). As of August 1, 2008, the
779	779	24 socio-development component rate shall be equal to 6.6% of the
780	780	25 facility's nursing component rate as of January 1, 2006,
781	781	26 multiplied by a factor of 3.53. For services provided on or
782	782
783	783
784	784
785	785
786	786
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788	788
789	789
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792	792	1 after April 1, 2011, or the first day of the month that begins
793	793	2 at least 45 days after February 16, 2011 (the effective date of
794	794	3 Public Act 96-1530), whichever is later, the Illinois
795	795	4 Department may by rule adjust these socio-development
796	796	5 component rates, and may use different adjustment
797	797	6 methodologies for those facilities participating, and those
798	798	7 not participating, in the Illinois Department's demonstration
799	799	8 program pursuant to the provisions of Title 77, Part 300,
800	800	9 Subpart T of the Illinois Administrative Code, but in no case
801	801	10 may such rates be diminished below those in effect on August 1,
802	802	11 2008.
803	803	12 For facilities licensed by the Department of Public Health
804	804	13 under the Nursing Home Care Act as Intermediate Care for the
805	805	14 Developmentally Disabled facilities or as long-term care
806	806	15 facilities for residents under 22 years of age, the rates
807	807	16 taking effect on July 1, 2003 shall include a statewide
808	808	17 increase of 4%, as defined by the Department.
809	809	18 For facilities licensed by the Department of Public Health
810	810	19 under the Nursing Home Care Act as Intermediate Care for the
811	811	20 Developmentally Disabled facilities or Long Term Care for
812	812	21 Under Age 22 facilities, the rates taking effect on the first
813	813	22 day of the month that begins at least 45 days after January 11,
814	814	23 2008 (the effective date of Public Act 95-707) shall include a
815	815	24 statewide increase of 2.5%, as defined by the Department.
816	816	25 Notwithstanding any other provision of this Section, for
817	817	26 facilities licensed by the Department of Public Health under
818	818
819	819
820	820
821	821
822	822
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824	824
825	825
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828	828	1 the Nursing Home Care Act as skilled nursing facilities or
829	829	2 intermediate care facilities, effective January 1, 2005,
830	830	3 facility rates shall be increased by the difference between
831	831	4 (i) a facility's per diem property, liability, and malpractice
832	832	5 insurance costs as reported in the cost report filed with the
833	833	6 Department of Public Aid and used to establish rates effective
834	834	7 July 1, 2001 and (ii) those same costs as reported in the
835	835	8 facility's 2002 cost report. These costs shall be passed
836	836	9 through to the facility without caps or limitations, except
837	837	10 for adjustments required under normal auditing procedures.
838	838	11 Rates established effective each July 1 shall govern
839	839	12 payment for services rendered throughout that fiscal year,
840	840	13 except that rates established on July 1, 1996 shall be
841	841	14 increased by 6.8% for services provided on or after January 1,
842	842	15 1997. Such rates will be based upon the rates calculated for
843	843	16 the year beginning July 1, 1990, and for subsequent years
844	844	17 thereafter until June 30, 2001 shall be based on the facility
845	845	18 cost reports for the facility fiscal year ending at any point
846	846	19 in time during the previous calendar year, updated to the
847	847	20 midpoint of the rate year. The cost report shall be on file
848	848	21 with the Department no later than April 1 of the current rate
849	849	22 year. Should the cost report not be on file by April 1, the
850	850	23 Department shall base the rate on the latest cost report filed
851	851	24 by each skilled care facility and intermediate care facility,
852	852	25 updated to the midpoint of the current rate year. In
853	853	26 determining rates for services rendered on and after July 1,
854	854
855	855
856	856
857	857
858	858
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860	860
861	861
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863	863	HB3089 - 24 - LRB104 06905 KTG 16941 b
864	864	1 1985, fixed time shall not be computed at less than zero. The
865	865	2 Department shall not make any alterations of regulations which
866	866	3 would reduce any component of the Medicaid rate to a level
867	867	4 below what that component would have been utilizing in the
868	868	5 rate effective on July 1, 1984.
869	869	6 (2) Shall take into account the actual costs incurred by
870	870	7 facilities in providing services for recipients of skilled
871	871	8 nursing and intermediate care services under the medical
872	872	9 assistance program.
873	873	10 (3) Shall take into account the medical and psycho-social
874	874	11 characteristics and needs of the patients.
875	875	12 (4) Shall take into account the actual costs incurred by
876	876	13 facilities in meeting licensing and certification standards
877	877	14 imposed and prescribed by the State of Illinois, any of its
878	878	15 political subdivisions or municipalities and by the U.S.
879	879	16 Department of Health and Human Services pursuant to Title XIX
880	880	17 of the Social Security Act.
881	881	18 The Department of Healthcare and Family Services shall
882	882	19 develop precise standards for payments to reimburse nursing
883	883	20 facilities for any utilization of appropriate rehabilitative
884	884	21 personnel for the provision of rehabilitative services which
885	885	22 is authorized by federal regulations, including reimbursement
886	886	23 for services provided by qualified therapists or qualified
887	887	24 assistants, and which is in accordance with accepted
888	888	25 professional practices. Reimbursement also may be made for
889	889	26 utilization of other supportive personnel under appropriate
890	890
891	891
892	892
893	893
894	894
895	895	HB3089 - 24 - LRB104 06905 KTG 16941 b
896	896
897	897
898	898	HB3089- 25 -LRB104 06905 KTG 16941 b HB3089 - 25 - LRB104 06905 KTG 16941 b
899	899	HB3089 - 25 - LRB104 06905 KTG 16941 b
900	900	1 supervision.
901	901	2 The Department shall develop enhanced payments to offset
902	902	3 the additional costs incurred by a facility serving
903	903	4 exceptional need residents and shall allocate at least
904	904	5 $4,000,000 of the funds collected from the assessment
905	905	6 established by Section 5B-2 of this Code for such payments.
906	906	7 For the purpose of this Section, "exceptional needs" means,
907	907	8 but need not be limited to, ventilator care and traumatic
908	908	9 brain injury care. The enhanced payments for exceptional need
909	909	10 residents under this paragraph are not due and payable,
910	910	11 however, until (i) the methodologies described in this
911	911	12 paragraph are approved by the federal government in an
912	912	13 appropriate State Plan amendment and (ii) the assessment
913	913	14 imposed by Section 5B-2 of this Code is determined to be a
914	914	15 permissible tax under Title XIX of the Social Security Act.
915	915	16 Beginning January 1, 2014 the methodologies for
916	916	17 reimbursement of nursing facility services as provided under
917	917	18 this Section 5-5.4 shall no longer be applicable for services
918	918	19 provided on or after January 1, 2014.
919	919	20 No payment increase under this Section for the MDS
920	920	21 methodology, exceptional care residents, or the
921	921	22 socio-development component rate established by Public Act
922	922	23 96-1530 of the 96th General Assembly and funded by the
923	923	24 assessment imposed under Section 5B-2 of this Code shall be
924	924	25 due and payable until after the Department notifies the
925	925	26 long-term care providers, in writing, that the payment
926	926
927	927
928	928
929	929
930	930
931	931	HB3089 - 25 - LRB104 06905 KTG 16941 b
932	932
933	933
934	934	HB3089- 26 -LRB104 06905 KTG 16941 b HB3089 - 26 - LRB104 06905 KTG 16941 b
935	935	HB3089 - 26 - LRB104 06905 KTG 16941 b
936	936	1 methodologies to long-term care providers required under this
937	937	2 Section have been approved by the Centers for Medicare and
938	938	3 Medicaid Services of the U.S. Department of Health and Human
939	939	4 Services and the waivers under 42 CFR 433.68 for the
940	940	5 assessment imposed by this Section, if necessary, have been
941	941	6 granted by the Centers for Medicare and Medicaid Services of
942	942	7 the U.S. Department of Health and Human Services. Upon
943	943	8 notification to the Department of approval of the payment
944	944	9 methodologies required under this Section and the waivers
945	945	10 granted under 42 CFR 433.68, all increased payments otherwise
946	946	11 due under this Section prior to the date of notification shall
947	947	12 be due and payable within 90 days of the date federal approval
948	948	13 is received.
949	949	14 On and after July 1, 2012, the Department shall reduce any
950	950	15 rate of reimbursement for services or other payments or alter
951	951	16 any methodologies authorized by this Code to reduce any rate
952	952	17 of reimbursement for services or other payments in accordance
953	953	18 with Section 5-5e.
954	954	19 For facilities licensed by the Department of Public Health
955	955	20 under the ID/DD Community Care Act as ID/DD Facilities and
956	956	21 under the MC/DD Act as MC/DD Facilities, subject to federal
957	957	22 approval, the rates taking effect for services delivered on or
958	958	23 after August 1, 2019 shall be increased by 3.5% over the rates
959	959	24 in effect on June 30, 2019. The Department shall adopt rules,
960	960	25 including emergency rules under subsection (ii) of Section
961	961	26 5-45 of the Illinois Administrative Procedure Act, to
962	962
963	963
964	964
965	965
966	966
967	967	HB3089 - 26 - LRB104 06905 KTG 16941 b
968	968
969	969
970	970	HB3089- 27 -LRB104 06905 KTG 16941 b HB3089 - 27 - LRB104 06905 KTG 16941 b
971	971	HB3089 - 27 - LRB104 06905 KTG 16941 b
972	972	1 implement the provisions of this Section, including wage
973	973	2 increases for direct care staff.
974	974	3 For facilities licensed by the Department of Public Health
975	975	4 under the ID/DD Community Care Act as ID/DD Facilities and
976	976	5 under the MC/DD Act as MC/DD Facilities, subject to federal
977	977	6 approval, the rates taking effect on the latter of the
978	978	7 approval date of the State Plan Amendment for these facilities
979	979	8 or the Waiver Amendment for the home and community-based
980	980	9 services settings shall include an increase sufficient to
981	981	10 provide a $0.26 per hour wage increase to the base wage for
982	982	11 non-executive staff. The Department shall adopt rules,
983	983	12 including emergency rules as authorized by Section 5-45 of the
984	984	13 Illinois Administrative Procedure Act, to implement the
985	985	14 provisions of this Section, including wage increases for
986	986	15 direct care staff.
987	987	16 For facilities licensed by the Department of Public Health
988	988	17 under the ID/DD Community Care Act as ID/DD Facilities and
989	989	18 under the MC/DD Act as MC/DD Facilities, subject to federal
990	990	19 approval of the State Plan Amendment and the Waiver Amendment
991	991	20 for the home and community-based services settings, the rates
992	992	21 taking effect for the services delivered on or after July 1,
993	993	22 2020 shall include an increase sufficient to provide a $1.00
994	994	23 per hour wage increase for non-executive staff. For services
995	995	24 delivered on or after January 1, 2021, subject to federal
996	996	25 approval of the State Plan Amendment and the Waiver Amendment
997	997	26 for the home and community-based services settings, shall
998	998
999	999
1000	1000
1001	1001
1002	1002
1003	1003	HB3089 - 27 - LRB104 06905 KTG 16941 b
1004	1004
1005	1005
1006	1006	HB3089- 28 -LRB104 06905 KTG 16941 b HB3089 - 28 - LRB104 06905 KTG 16941 b
1007	1007	HB3089 - 28 - LRB104 06905 KTG 16941 b
1008	1008	1 include an increase sufficient to provide a $0.50 per hour
1009	1009	2 increase for non-executive staff. The Department shall adopt
1010	1010	3 rules, including emergency rules as authorized by Section 5-45
1011	1011	4 of the Illinois Administrative Procedure Act, to implement the
1012	1012	5 provisions of this Section, including wage increases for
1013	1013	6 direct care staff.
1014	1014	7 For facilities licensed by the Department of Public Health
1015	1015	8 under the ID/DD Community Care Act as ID/DD Facilities and
1016	1016	9 under the MC/DD Act as MC/DD Facilities, subject to federal
1017	1017	10 approval of the State Plan Amendment, the rates taking effect
1018	1018	11 for the residential services delivered on or after July 1,
1019	1019	12 2021, shall include an increase sufficient to provide a $0.50
1020	1020	13 per hour increase for aides in the rate methodology. For
1021	1021	14 facilities licensed by the Department of Public Health under
1022	1022	15 the ID/DD Community Care Act as ID/DD Facilities and under the
1023	1023	16 MC/DD Act as MC/DD Facilities, subject to federal approval of
1024	1024	17 the State Plan Amendment, the rates taking effect for the
1025	1025	18 residential services delivered on or after January 1, 2022
1026	1026	19 shall include an increase sufficient to provide a $1.00 per
1027	1027	20 hour increase for aides in the rate methodology. In addition,
1028	1028	21 for residential services delivered on or after January 1, 2022
1029	1029	22 such rates shall include an increase sufficient to provide
1030	1030	23 wages for all residential non-executive direct care staff,
1031	1031	24 excluding aides, at the federal Department of Labor, Bureau of
1032	1032	25 Labor Statistics' average wage as defined in rule by the
1033	1033	26 Department. The Department shall adopt rules, including
1034	1034
1035	1035
1036	1036
1037	1037
1038	1038
1039	1039	HB3089 - 28 - LRB104 06905 KTG 16941 b
1040	1040
1041	1041
1042	1042	HB3089- 29 -LRB104 06905 KTG 16941 b HB3089 - 29 - LRB104 06905 KTG 16941 b
1043	1043	HB3089 - 29 - LRB104 06905 KTG 16941 b
1044	1044	1 emergency rules as authorized by Section 5-45 of the Illinois
1045	1045	2 Administrative Procedure Act, to implement the provisions of
1046	1046	3 this Section.
1047	1047	4 For facilities licensed by the Department of Public Health
1048	1048	5 under the ID/DD Community Care Act as ID/DD facilities and
1049	1049	6 under the MC/DD Act as MC/DD facilities, subject to federal
1050	1050	7 approval of the State Plan Amendment, the rates taking effect
1051	1051	8 for services delivered on or after January 1, 2023, shall
1052	1052	9 include a $1.00 per hour wage increase for all direct support
1053	1053	10 personnel and all other frontline personnel who are not
1054	1054	11 subject to the Bureau of Labor Statistics' average wage
1055	1055	12 increases, who work in residential and community day services
1056	1056	13 settings, with at least $0.50 of those funds to be provided as
1057	1057	14 a direct increase to all aide base wages, with the remaining
1058	1058	15 $0.50 to be used flexibly for base wage increases to the rate
1059	1059	16 methodology for aides. In addition, for residential services
1060	1060	17 delivered on or after January 1, 2023 the rates shall include
1061	1061	18 an increase sufficient to provide wages for all residential
1062	1062	19 non-executive direct care staff, excluding aides, at the
1063	1063	20 federal Department of Labor, Bureau of Labor Statistics'
1064	1064	21 average wage as determined by the Department. Also, for
1065	1065	22 services delivered on or after January 1, 2023, the rates will
1066	1066	23 include adjustments to employment-related expenses as defined
1067	1067	24 in rule by the Department. The Department shall adopt rules,
1068	1068	25 including emergency rules as authorized by Section 5-45 of the
1069	1069	26 Illinois Administrative Procedure Act, to implement the
1070	1070
1071	1071
1072	1072
1073	1073
1074	1074
1075	1075	HB3089 - 29 - LRB104 06905 KTG 16941 b
1076	1076
1077	1077
1078	1078	HB3089- 30 -LRB104 06905 KTG 16941 b HB3089 - 30 - LRB104 06905 KTG 16941 b
1079	1079	HB3089 - 30 - LRB104 06905 KTG 16941 b
1080	1080	1 provisions of this Section.
1081	1081	2 For facilities licensed by the Department of Public Health
1082	1082	3 under the ID/DD Community Care Act as ID/DD facilities and
1083	1083	4 under the MC/DD Act as MC/DD facilities, subject to federal
1084	1084	5 approval of the State Plan Amendment, the rates taking effect
1085	1085	6 for services delivered on or after January 1, 2024 shall
1086	1086	7 include a $2.50 per hour wage increase for all direct support
1087	1087	8 personnel and all other frontline personnel who are not
1088	1088	9 subject to the Bureau of Labor Statistics' average wage
1089	1089	10 increases and who work in residential and community day
1090	1090	11 services settings. At least $1.25 of the per hour wage
1091	1091	12 increase shall be provided as a direct increase to all aide
1092	1092	13 base wages, and the remaining $1.25 of the per hour wage
1093	1093	14 increase shall be used flexibly for base wage increases to the
1094	1094	15 rate methodology for aides. In addition, for residential
1095	1095	16 services delivered on or after January 1, 2024, the rates
1096	1096	17 shall include an increase sufficient to provide wages for all
1097	1097	18 residential non-executive direct care staff, excluding aides,
1098	1098	19 at the federal Department of Labor, Bureau of Labor
1099	1099	20 Statistics' average wage as determined by the Department.
1100	1100	21 Also, for services delivered on or after January 1, 2024, the
1101	1101	22 rates will include adjustments to employment-related expenses
1102	1102	23 as defined in rule by the Department. The Department shall
1103	1103	24 adopt rules, including emergency rules as authorized by
1104	1104	25 Section 5-45 of the Illinois Administrative Procedure Act, to
1105	1105	26 implement the provisions of this Section.
1106	1106
1107	1107
1108	1108
1109	1109
1110	1110
1111	1111	HB3089 - 30 - LRB104 06905 KTG 16941 b
1112	1112
1113	1113
1114	1114	HB3089- 31 -LRB104 06905 KTG 16941 b HB3089 - 31 - LRB104 06905 KTG 16941 b
1115	1115	HB3089 - 31 - LRB104 06905 KTG 16941 b
1116	1116	1 For facilities licensed by the Department of Public Health
1117	1117	2 under the ID/DD Community Care Act as ID/DD facilities and
1118	1118	3 under the MC/DD Act as MC/DD facilities, subject to federal
1119	1119	4 approval of a State Plan Amendment, the rates taking effect
1120	1120	5 for services delivered on or after January 1, 2025 shall
1121	1121	6 include a $1.00 per hour wage increase for all direct support
1122	1122	7 personnel and all other frontline personnel who are not
1123	1123	8 subject to the Bureau of Labor Statistics' average wage
1124	1124	9 increases and who work in residential and community day
1125	1125	10 services settings, with at least $0.75 of those funds to be
1126	1126	11 provided as a direct increase to all aide base wages and the
1127	1127	12 remaining $0.25 to be used flexibly for base wage increases to
1128	1128	13 the rate methodology for aides. These increases shall not be
1129	1129	14 used by facilities for operational and administrative
1130	1130	15 expenses. In addition, for residential services delivered on
1131	1131	16 or after January 1, 2025, the rates shall include an increase
1132	1132	17 sufficient to provide wages for all residential non-executive
1133	1133	18 direct care staff, excluding aides, at the federal Department
1134	1134	19 of Labor, Bureau of Labor Statistics' average wage as
1135	1135	20 determined by the Department. Also, for services delivered on
1136	1136	21 or after January 1, 2025, the rates will include adjustments
1137	1137	22 to employment-related expenses as defined in rule by the
1138	1138	23 Department. The Department shall adopt rules, including
1139	1139	24 emergency rules as authorized by Section 5-45 of the Illinois
1140	1140	25 Administrative Procedure Act, to implement the provisions of
1141	1141	26 this Section.
1142	1142
1143	1143
1144	1144
1145	1145
1146	1146
1147	1147	HB3089 - 31 - LRB104 06905 KTG 16941 b
1148	1148
1149	1149
1150	1150	HB3089- 32 -LRB104 06905 KTG 16941 b HB3089 - 32 - LRB104 06905 KTG 16941 b
1151	1151	HB3089 - 32 - LRB104 06905 KTG 16941 b
1152	1152	1 Notwithstanding any other provision of this Section to the
1153	1153	2 contrary, any regional wage adjuster for facilities located
1154	1154	3 outside of the counties of Cook, DuPage, Kane, Lake, McHenry,
1155	1155	4 and Will shall be no lower than 1.00, and any regional wage
1156	1156	5 adjuster for facilities located within the counties of Cook,
1157	1157	6 DuPage, Kane, Lake, McHenry, and Will shall be no lower than
1158	1158	7 1.15.
1159	1159	8 For facilities licensed by the Department of Public Health
1160	1160	9 under the ID/DD Community Care Act as ID/DD facilities and
1161	1161	10 under the MC/DD Act as MC/DD facilities, subject to federal
1162	1162	11 approval, the rates taking effect for services delivered on or
1163	1163	12 after July 1, 2025, shall be increased sufficiently to provide
1164	1164	13 a minimum $2.00 per hour wage increase over the wages in effect
1165	1165	14 on June 30, 2025 for front-line personnel, including, but not
1166	1166	15 limited to, direct support professionals, aides, front-line
1167	1167	16 supervisors, and non-administrative support staff working in
1168	1168	17 community-based provider organizations serving individuals
1169	1169	18 with developmental disabilities, and sufficient to provide
1170	1170	19 wages for all other residential non-executive direct care
1171	1171	20 staff, excluding direct support professionals, at the U.S.
1172	1172	21 Department of Labor, Bureau of Labor Statistics' average wage
1173	1173	22 as defined, by rule, by the Department. The Department shall
1174	1174	23 adopt rules, including emergency rules in accordance with the
1175	1175	24 Illinois Administrative Procedure Act, to implement the
1176	1176	25 provisions of this paragraph.
1177	1177	26 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
1178	1178
1179	1179
1180	1180
1181	1181
1182	1182
1183	1183	HB3089 - 32 - LRB104 06905 KTG 16941 b
1184	1184
1185	1185
1186	1186	HB3089- 33 -LRB104 06905 KTG 16941 b HB3089 - 33 - LRB104 06905 KTG 16941 b
1187	1187	HB3089 - 33 - LRB104 06905 KTG 16941 b
1188	1188	1 103-8, eff. 6-7-23; 103-588, eff. 7-1-24.)
1189	1189	2 (305 ILCS 5/5-5.4i)
1190	1190	3 Sec. 5-5.4i. Rates and reimbursements.
1191	1191	4 (a) Within 30 days after July 6, 2017 (the effective date
1192	1192	5 of Public Act 100-23), the Department shall increase rates and
1193	1193	6 reimbursements to fund a minimum of a $0.75 per hour wage
1194	1194	7 increase for front-line personnel, including, but not limited
1195	1195	8 to, direct support persons, aides, front-line supervisors,
1196	1196	9 qualified intellectual disabilities professionals, nurses, and
1197	1197	10 non-administrative support staff working in community-based
1198	1198	11 provider organizations serving individuals with developmental
1199	1199	12 disabilities. The Department shall adopt rules, including
1200	1200	13 emergency rules under subsection (y) of Section 5-45 of the
1201	1201	14 Illinois Administrative Procedure Act, to implement the
1202	1202	15 provisions of this Section.
1203	1203	16 (b) Within 30 days after June 4, 2018 (the effective date
1204	1204	17 of Public Act 100-587), the Department shall increase rates
1205	1205	18 and reimbursements to fund a minimum of a $0.50 per hour wage
1206	1206	19 increase for front-line personnel, including, but not limited
1207	1207	20 to, direct support persons, aides, front-line supervisors,
1208	1208	21 qualified intellectual disabilities professionals, nurses, and
1209	1209	22 non-administrative support staff working in community-based
1210	1210	23 provider organizations serving individuals with developmental
1211	1211	24 disabilities. The Department shall adopt rules, including
1212	1212	25 emergency rules under subsection (bb) of Section 5-45 of the
1213	1213
1214	1214
1215	1215
1216	1216
1217	1217
1218	1218	HB3089 - 33 - LRB104 06905 KTG 16941 b
1219	1219
1220	1220
1221	1221	HB3089- 34 -LRB104 06905 KTG 16941 b HB3089 - 34 - LRB104 06905 KTG 16941 b
1222	1222	HB3089 - 34 - LRB104 06905 KTG 16941 b
1223	1223	1 Illinois Administrative Procedure Act, to implement the
1224	1224	2 provisions of this Section.
1225	1225	3 (c) Within 30 days after the effective date of this
1226	1226	4 amendatory Act of the 101st General Assembly, subject to
1227	1227	5 federal approval, the Department shall increase rates and
1228	1228	6 reimbursements in effect on June 30, 2019 for community-based
1229	1229	7 providers for persons with Developmental Disabilities by 3.5%.
1230	1230	8 The Department shall adopt rules, including emergency rules
1231	1231	9 under subsection (ii) of Section 5-45 of the Illinois
1232	1232	10 Administrative Procedure Act, to implement the provisions of
1233	1233	11 this Section, including wage increases for direct care staff.
1234	1234	12 (d) For community-based providers serving persons with
1235	1235	13 intellectual or developmental disabilities, subject to federal
1236	1236	14 approval, the rates taking effect for services delivered on or
1237	1237	15 after July 1, 2025, shall be increased sufficiently to provide
1238	1238	16 a minimum $2.00 per hour wage increase over the wages in effect
1239	1239	17 on June 30, 2025 for front-line personnel, including, but not
1240	1240	18 limited to, direct support professionals, aides, front-line
1241	1241	19 supervisors, and non-administrative support staff working in
1242	1242	20 community-based provider organizations serving individuals
1243	1243	21 with developmental disabilities, and sufficient to provide
1244	1244	22 wages for all other residential non-executive direct care
1245	1245	23 staff, excluding direct support professionals, at the U.S.
1246	1246	24 Department of Labor, Bureau of Labor Statistics' average wage
1247	1247	25 as defined, by rule, by the Department. The Department shall
1248	1248	26 adopt rules, including emergency rules in accordance with the
1249	1249
1250	1250
1251	1251
1252	1252
1253	1253
1254	1254	HB3089 - 34 - LRB104 06905 KTG 16941 b
1255	1255
1256	1256
1257	1257	HB3089- 35 -LRB104 06905 KTG 16941 b HB3089 - 35 - LRB104 06905 KTG 16941 b
1258	1258	HB3089 - 35 - LRB104 06905 KTG 16941 b
1259	1259	1 Illinois Administrative Procedure Act, to implement the
1260	1260	2 provisions of this subsection.
1261	1261	3 (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
1262	1262	4 101-10, eff. 6-5-19.)
1263	1263
1264	1264
1265	1265
1266	1266
1267	1267
1268	1268	HB3089 - 35 - LRB104 06905 KTG 16941 b