Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1753 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1753 Introduced 2/5/2025, by Sen. Javier L. Cervantes SYNOPSIS AS INTRODUCED: New Act Creates the Ensuring Essential Services Act. Provides that the purpose of the Act is to ensure the State meets its obligation to provide certain essential services for individuals with developmental disabilities at consistent quality levels in accordance with its waiver agreement with the Centers for Medicare and Medicaid Services, all while allocating scarce taxpayer resources. Provides that any contract entered into between the Department of Human Services and an agency shall include a provision assuring the State of the uninterrupted delivery of the contracted-for services. Provides that such assurance shall provide that the agency has entered into a binding labor peace agreement with any labor organization that is the exclusive representative of the agency's frontline and direct support staff or, where no exclusive representation has been established, that the agency has or will enter into an agreement with any labor organization that seeks to become the agency's frontline and direct support staff's exclusive representative. Provides that the assurance shall become a condition of any contract entered into, renewed, or amended on or after the effective date of the Act. Requires the Department of Healthcare and Family Services to, no later than 90 days after the effective date of the Act, apply to the Centers for Medicare and Medicaid Services for a waiver or State Plan amendment to allow implementation of the contracting requirements. Requires the Department of Human Services, no later than 60 days after the effective date of the Act, to adopt rules implementing the requirements of the Act. Contains provisions on contract requirements for Department of Human Services' contracts; enforcement of contractual assurances; remedial actions for noncompliance; and other matters. Effective June 1, 2025. LRB104 09758 KTG 19824 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1753 Introduced 2/5/2025, by Sen. Javier L. Cervantes SYNOPSIS AS INTRODUCED: New Act New Act Creates the Ensuring Essential Services Act. Provides that the purpose of the Act is to ensure the State meets its obligation to provide certain essential services for individuals with developmental disabilities at consistent quality levels in accordance with its waiver agreement with the Centers for Medicare and Medicaid Services, all while allocating scarce taxpayer resources. Provides that any contract entered into between the Department of Human Services and an agency shall include a provision assuring the State of the uninterrupted delivery of the contracted-for services. Provides that such assurance shall provide that the agency has entered into a binding labor peace agreement with any labor organization that is the exclusive representative of the agency's frontline and direct support staff or, where no exclusive representation has been established, that the agency has or will enter into an agreement with any labor organization that seeks to become the agency's frontline and direct support staff's exclusive representative. Provides that the assurance shall become a condition of any contract entered into, renewed, or amended on or after the effective date of the Act. Requires the Department of Healthcare and Family Services to, no later than 90 days after the effective date of the Act, apply to the Centers for Medicare and Medicaid Services for a waiver or State Plan amendment to allow implementation of the contracting requirements. Requires the Department of Human Services, no later than 60 days after the effective date of the Act, to adopt rules implementing the requirements of the Act. Contains provisions on contract requirements for Department of Human Services' contracts; enforcement of contractual assurances; remedial actions for noncompliance; and other matters. Effective June 1, 2025. LRB104 09758 KTG 19824 b LRB104 09758 KTG 19824 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1753 Introduced 2/5/2025, by Sen. Javier L. Cervantes SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Ensuring Essential Services Act. Provides that the purpose of the Act is to ensure the State meets its obligation to provide certain essential services for individuals with developmental disabilities at consistent quality levels in accordance with its waiver agreement with the Centers for Medicare and Medicaid Services, all while allocating scarce taxpayer resources. Provides that any contract entered into between the Department of Human Services and an agency shall include a provision assuring the State of the uninterrupted delivery of the contracted-for services. Provides that such assurance shall provide that the agency has entered into a binding labor peace agreement with any labor organization that is the exclusive representative of the agency's frontline and direct support staff or, where no exclusive representation has been established, that the agency has or will enter into an agreement with any labor organization that seeks to become the agency's frontline and direct support staff's exclusive representative. Provides that the assurance shall become a condition of any contract entered into, renewed, or amended on or after the effective date of the Act. Requires the Department of Healthcare and Family Services to, no later than 90 days after the effective date of the Act, apply to the Centers for Medicare and Medicaid Services for a waiver or State Plan amendment to allow implementation of the contracting requirements. Requires the Department of Human Services, no later than 60 days after the effective date of the Act, to adopt rules implementing the requirements of the Act. Contains provisions on contract requirements for Department of Human Services' contracts; enforcement of contractual assurances; remedial actions for noncompliance; and other matters. Effective June 1, 2025.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning essential services for persons with
12	12	2 developmental disabilities.
13	13	3 Be it enacted by the People of the State of Illinois,
14	14	4 represented in the General Assembly:
15	15	5 Section 1. Short title. This Act may be cited as the
16	16	6 Ensuring Essential Services Act.
17	17	7 Section 5. Findings and purposes.
18	18	8 (a) The General Assembly finds that the State of Illinois
19	19	9 administers a program for the provision of home and
20	20	10 community-based support services for individuals with
21	21	11 developmental disabilities (IDD) in accordance with a waiver
22	22	12 program agreement entered into between the State and the
23	23	13 Centers for Medicare and Medicaid Services. Pursuant to a
24	24	14 consent decree entered in Ligas v. Hamos, Case No.
25	25	15 1:05-cv-04331 (N.D. Ill.), the State is required to implement
26	26	16 sufficient measures to ensure the availability of IDD
27	27	17 services, supports, and other resources of sufficient quality,
28	28	18 scope, and variety to meet the State's obligations under the
29	29	19 consent decree and the implementation plan consistent with
30	30	20 such choices. The number of individuals served each year by
31	31	21 the program is based on available State appropriation levels.
32	32	22 The General Assembly finds that the Department of Human
33	33	23 Services is designated as the State agency having primary
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1753 Introduced 2/5/2025, by Sen. Javier L. Cervantes SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	Creates the Ensuring Essential Services Act. Provides that the purpose of the Act is to ensure the State meets its obligation to provide certain essential services for individuals with developmental disabilities at consistent quality levels in accordance with its waiver agreement with the Centers for Medicare and Medicaid Services, all while allocating scarce taxpayer resources. Provides that any contract entered into between the Department of Human Services and an agency shall include a provision assuring the State of the uninterrupted delivery of the contracted-for services. Provides that such assurance shall provide that the agency has entered into a binding labor peace agreement with any labor organization that is the exclusive representative of the agency's frontline and direct support staff or, where no exclusive representation has been established, that the agency has or will enter into an agreement with any labor organization that seeks to become the agency's frontline and direct support staff's exclusive representative. Provides that the assurance shall become a condition of any contract entered into, renewed, or amended on or after the effective date of the Act. Requires the Department of Healthcare and Family Services to, no later than 90 days after the effective date of the Act, apply to the Centers for Medicare and Medicaid Services for a waiver or State Plan amendment to allow implementation of the contracting requirements. Requires the Department of Human Services, no later than 60 days after the effective date of the Act, to adopt rules implementing the requirements of the Act. Contains provisions on contract requirements for Department of Human Services' contracts; enforcement of contractual assurances; remedial actions for noncompliance; and other matters. Effective June 1, 2025.
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43	43	A BILL FOR
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68	68	1 responsibility for overseeing the delivery of habilitation
69	69	2 services to individuals with developmental disabilities under
70	70	3 the program, and in that capacity procures services for
71	71	4 approximately 27,000 Illinoisans who, together with their
72	72	5 families and guardians, depend on the daily and uninterrupted
73	73	6 provision of these services so that they can attend to the
74	74	7 necessities of life. An interruption in the delivery of
75	75	8 services under the program would have disastrous consequences
76	76	9 for participants, their families, and their communities.
77	77	10 The General Assembly finds that effects of the ongoing
78	78	11 COVID-19 pandemic, which has claimed hundreds of thousands of
79	79	12 American lives and disrupted the distribution of essential
80	80	13 services to the most needy inhabitants of the State has
81	81	14 affected the provision of services in unforeseen ways,
82	82	15 exacerbating already existing labor shortage high turnover,
83	83	16 and causing labor unrest and stoppages.
84	84	17 The General Assembly finds that there currently exists an
85	85	18 acute shortage of frontline and direct support staff
86	86	19 indicating that the agencies with which the State has
87	87	20 contracted to provide IDD services under the program have
88	88	21 inadequately ensured the training, retention, and recruitment
89	89	22 of the workforce necessary to meet the State's obligations
90	90	23 under the program, and such shortage and existing labor
91	91	24 conditions escalate the probability of disruptions in the
92	92	25 delivery of essential services owing to labor disputes and
93	93	26 employee dissatisfaction.
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104	104	1 The General Assembly finds that as a procurer of services
105	105	2 comprising the program the State administers, either in the
106	106	3 form of purchase of service contracts, grants, or otherwise,
107	107	4 that the State has a proprietary interest in assuring the
108	108	5 delivery of quality, reliable, and uninterrupted provision of
109	109	6 services to individuals receiving benefits under the program.
110	110	7 The General Assembly finds that a strike, labor dispute,
111	111	8 or other inability to deliver essential service under the
112	112	9 program would be costly to the State as it struggles to fill
113	113	10 the gap to provide these essential services, due to the
114	114	11 excessive cost of locating alternative treatment options on an
115	115	12 emergent basis, including, but not limited to, the need to pay
116	116	13 substantial overtime to employees at public hospitals which
117	117	14 would be forced to admit increasing numbers of patients as a
118	118	15 matter of last resort. Such disruptions would have
119	119	16 consequential and dire effects on program recipients, their
120	120	17 families, and guardians.
121	121	18 The General Assembly finds that agreements between
122	122	19 employers and labor organizations to refrain from resolving
123	123	20 labor disputes through economic action promote the efficient
124	124	21 and uninterrupted delivery of services. Such agreements are
125	125	22 common and have been adopted within the behavioral health and
126	126	23 disability support industries. A program of labor management
127	127	24 cooperation has proven effective in addressing issues related
128	128	25 to establishing appropriate wages and compensation, improving
129	129	26 quality of care, increasing worker retention, reducing
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140	140	1 workforce turnover, and mitigating the likelihood of service
141	141	2 disruption.
142	142	3 (b) The purpose of this Act is to ensure the State meets
143	143	4 its obligation to provide these essential services at
144	144	5 consistent quality levels in accordance with its waiver
145	145	6 agreement with the Centers for Medicare and Medicaid Services,
146	146	7 all while allocating scarce taxpayer resources. The State, as
147	147	8 procurer of home and community-based support services, has
148	148	9 determined to take steps to ensure the uninterrupted delivery
149	149	10 of services to individuals receiving IDD services under the
150	150	11 program.
151	151	12 Section 10. Definitions. As used in this Act:
152	152	13 "Agency" means a private entity, including a non-profit
153	153	14 corporation, other than a corporation established in
154	154	15 accordance with the Religious Corporation Act, that has
155	155	16 contracted with the Department of Human Services to provide
156	156	17 direct care services under the Home and Community-Based
157	157	18 Services Waiver Program for Persons with Developmental
158	158	19 Disabilities.
159	159	20 "Comptroller" means the Comptroller of the State of
160	160	21 Illinois and its agents or designees.
161	161	22 "Contract" means the written agreement entered into
162	162	23 between an agency and the Department of Human Services (or any
163	163	24 other State entity) establishing the terms and conditions for
164	164	25 the provision of, and payment for services under the program,
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175	175	1 and shall include, but is not limited to, fee-for-service,
176	176	2 service purchase contracts, or grants.
177	177	3 "Frontline and direct support staff" means an employee of
178	178	4 an agency who performs the direct care, support, educational,
179	179	5 training and case management, and other services integral to
180	180	6 the delivery of the services required of the agency under its
181	181	7 contract with the Department of Human Services and funded by
182	182	8 the program. This includes, but is not limited to, direct
183	183	9 support personnel, qualified intellectual disability
184	184	10 personnel, employment specialists, and early intervention
185	185	11 specialists.
186	186	12 "Labor peace agreement" means a written agreement between
187	187	13 an agency and a labor organization that contains, at a
188	188	14 minimum, provisions under which the parties agree to refrain
189	189	15 from actions intended to or having the effect of disrupting or
190	190	16 interrupting services and also provides for an expedient
191	191	17 mechanism for the binding resolution of disputes between them.
192	192	18 "Labor organization" means an organization defined under
193	193	19 29 U.S.C. 152(5) that has as its members frontline and direct
194	194	20 support staff.
195	195	21 "Program" means the Home and Community-Based Services
196	196	22 Waiver Program for Adults with Developmental Disabilities that
197	197	23 is funded through a waiver authorized under Section 1915(c) of
198	198	24 the federal Social Security Act and that is administered by
199	199	25 the Department of Human Services' Division of Developmental
200	200	26 Disabilities. Services under the program include, but are not
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211	211	1 limited to, community integrated living arrangements,
212	212	2 community living facilities of 16 or fewer individuals,
213	213	3 home-based support services, day programs, and therapies.
214	214	4 "Program" also includes newly developed programs and settings
215	215	5 that are funded through the Home and Community-Based Services
216	216	6 Waiver Program for Persons with Developmental Disabilities.
217	217	7 "Secretary" means the Secretary of Human Services.
218	218	8 Section 15. Assurance of uninterrupted delivery of
219	219	9 services.
220	220	10 (a) Any contract entered into between the Department of
221	221	11 Human Services and an agency shall include a provision
222	222	12 assuring the State of the uninterrupted delivery of the
223	223	13 contracted-for services.
224	224	14 (b) The assurance required under subsection (a) shall
225	225	15 provide that the agency has entered into a binding labor peace
226	226	16 agreement with any labor organization that is the exclusive
227	227	17 representative of the agency's frontline and direct support
228	228	18 staff or, where no exclusive representation has been
229	229	19 established, that the agency has or will enter into an
230	230	20 agreement with any labor organization that seeks to become the
231	231	21 agency's frontline and direct support staff's exclusive
232	232	22 representative.
233	233	23 (c) The assurance required under subsection (a) shall
234	234	24 become a condition of any contract entered into, renewed, or
235	235	25 amended on or after the effective date of this Act.
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246	246	1 Section 20. Implementation.
247	247	2 (a) To the extent necessary to effectuate the requirements
248	248	3 of this Act, the Department of Healthcare and Family Services
249	249	4 shall submit the necessary application to the federal Centers
250	250	5 for Medicare and Medicaid Services for a waiver or State Plan
251	251	6 amendment to allow implementation of the contracting
252	252	7 requirements established in this Act. The application shall be
253	253	8 submitted no later than 90 days after the effective date of
254	254	9 this Act. The provisions of this Act shall apply during the
255	255	10 pendency of any such application.
256	256	11 (b) No later than 60 days after the effective date of this
257	257	12 Act, the Department of Human Services shall adopt rules
258	258	13 implementing the requirements of this Act. Specifically, the
259	259	14 Department of Human Services shall adopt contract addenda
260	260	15 terms and attestations sufficient to satisfy the requirements
261	261	16 of this Section and a means of informing agencies of the
262	262	17 requirements of the Act and any other rules necessary to
263	263	18 implement Section 25.
264	264	19 (c) The Department of Human Services shall include in each
265	265	20 contract and in each solicitation for a contract:
266	266	21 (1) a requirement that the agency comply with all
267	267	22 applicable requirements under this Act and any rules
268	268	23 adopted in accordance with this Act, and that such
269	269	24 requirements constitute a material term of the contract;
270	270	25 and
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281	281	1 (2) a provision providing that:
282	282	2 (A) failure to comply with the requirements of
283	283	3 this Section may constitute a material breach by the
284	284	4 agency of the terms of the contract;
285	285	5 (B) such failure shall be determined by the
286	286	6 Comptroller; and
287	287	7 (C) if the agency receives written notice of a
288	288	8 breach and fails to cure such breach, the State shall
289	289	9 have the right to pursue any rights or remedies
290	290	10 available under the terms of the contract or under
291	291	11 applicable law, including termination of the contract
292	292	12 attendant to transition of services to qualified
293	293	13 agencies.
294	294	14 (d) The Department of Human Services shall amend 59 Ill.
295	295	15 Adm. Code Part 120 to clarify that compliance with this Act
296	296	16 shall be a requirement for both initial certification and
297	297	17 recertification with respect to services provided by frontline
298	298	18 and direct support staff under the program.
299	299	19 Section 25. Enforcement.
300	300	20 (a) The contractual assurance required under Section 15
301	301	21 shall be a qualification to participate in the program and a
302	302	22 continuing obligation of each agency during the term of its
303	303	23 contract.
304	304	24 (b) Each agency shall report to the Department of Human
305	305	25 Services, on a form to be adopted by the Department of Human
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316	316	1 Services, its compliance with the contractual assurance
317	317	2 required under this Act at each of the following times:
318	318	3 (1) if the assurance gives rise to an obligation on
319	319	4 the part of an agency to enter into a labor peace agreement
320	320	5 and such agency has not entered into such an agreement;
321	321	6 (2) if an agency's existing agreement meeting the
322	322	7 requirements of a labor peace agreement lapses or expires;
323	323	8 and
324	324	9 (3) on the anniversary date of the contract's
325	325	10 effective date.
326	326	11 The report shall include a copy of any agreement that
327	327	12 satisfies the assurance or shall state in writing or shall be
328	328	13 signed under penalty of perjury that the agency is unaware of
329	329	14 any circumstances giving rise to an obligation to enter into
330	330	15 any labor peace agreement.
331	331	16 (c) If an agency fails to submit to the Department of Human
332	332	17 Services the reports required under this Section, or if the
333	333	18 Department of Human Services otherwise learns of a failure on
334	334	19 the part of an agency to meet its contractual obligations, the
335	335	20 Department of Human Services shall take the following remedial
336	336	21 actions:
337	337	22 (1) Inform the agency and the Comptroller of its lack
338	338	23 of compliance and provide a 30-day notice to correct the
339	339	24 deficiency.
340	340	25 (2) Investigate and assist the agency by providing a
341	341	26 plan of correction.
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352	352	1 (3) If, after 30 days from the date of the Department
353	353	2 of Human Services' notice, it is determined the agency is
354	354	3 out of compliance, the Department of Human Services shall
355	355	4 issue a notice of nonrenewal to the agency, which shall
356	356	5 provide the basis for the disqualification, upon which the
357	357	6 Department of Human Services shall ensure continuity of
358	358	7 care, transition of services, and placement referrals to
359	359	8 qualified agencies upon the expiration of the term of the
360	360	9 contract. The Department of Human Services shall notify
361	361	10 the Comptroller of the notice of nonrenewal within 14
362	362	11 days.
363	363	12 (4) The Department of Human Services shall require
364	364	13 that an agency that receives a notice of nonrenewal shall
365	365	14 be ineligible for recertification or relicensure, provided
366	366	15 the agency is afforded notice and an opportunity to appeal
367	367	16 in accordance with the processes under Subpart C of Part
368	368	17 104 of Title 89 of the Illinois Administrative Code, the
369	369	18 sole issue at hearing, in which any interested party may
370	370	19 participate, shall be whether the agency is in compliance
371	371	20 with the requirements of this Act.
372	372	21 (5) After receiving a notice of nonrenewal for an
373	373	22 Agency, the Comptroller shall cease distribution of all
374	374	23 State funds to the Agency. The Comptroller shall continue
375	375	24 to withhold payments unless and until the Agency
376	376	25 successfully appeals the notice of nonrenewal as described
377	377	26 in paragraph (4).
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388	388	1 Section 30. Severability. If any provision of this Act or
389	389	2 its application to any person or circumstance is held invalid,
390	390	3 the invalidity of that provision or application does not
391	391	4 affect other provisions or applications of this Act that can
392	392	5 be given effect without the invalid provision or application.
393	393	6 Section 35. Construction of Act. Nothing in this Act shall
394	394	7 be construed to require any agency to enter into an agreement
395	395	8 that contains terms or under circumstances that violate the
396	396	9 National Labor Relations Act, 29 U.S.C. 151 et seq., as
397	397	10 amended.
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