Bill Amendment: IL SB3873 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: IDPH-MENTAL HEALTH RESOURCES

Status: 2021-01-13 - Session Sine Die [SB3873 Detail]

Download: Illinois-2019-SB3873-Senate_Amendment_001.html

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Sen. Ram Villivalam

Filed: 5/27/2020

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AMENDMENT TO SENATE BILL 3873
AMENDMENT NO. ______. Amend Senate Bill 3873 by replacing
everything after the enacting clause with the following:
"Section 5. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
74 as follows:
(20 ILCS 1705/74)
Sec. 74. Rates and reimbursements.
(a) Within 30 days after July 6, 2017 (the effective date
of Public Act 100-23), the Department shall increase rates and
reimbursements to fund a minimum of a $0.75 per hour wage
increase for front-line personnel, including, but not limited
to, direct support persons, aides, front-line supervisors,
qualified intellectual disabilities professionals, nurses, and
non-administrative support staff working in community-based
provider organizations serving individuals with developmental

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disabilities. The Department shall adopt rules, including
emergency rules under subsection (y) of Section 5-45 of the
Illinois Administrative Procedure Act, to implement the
provisions of this Section.
(b) Rates and reimbursements. Within 30 days after the
effective date of this amendatory Act of the 100th General
Assembly, the Department shall increase rates and
reimbursements to fund a minimum of a $0.50 per hour wage
increase for front-line personnel, including, but not limited
to, direct support persons, aides, front-line supervisors,
qualified intellectual disabilities professionals, nurses, and
non-administrative support staff working in community-based
provider organizations serving individuals with developmental
disabilities. The Department shall adopt rules, including
emergency rules under subsection (bb) of Section 5-45 of the
Illinois Administrative Procedure Act, to implement the
provisions of this Section.
(c) Rates and reimbursements. Within 30 days after the
effective date of this amendatory Act of the 101st General
Assembly, subject to federal approval, the Department shall
increase rates and reimbursements in effect on June 30, 2019
for community-based providers for persons with Developmental
Disabilities by 3.5% The Department shall adopt rules,
including emergency rules under subsection (jj) of Section 5-45
of the Illinois Administrative Procedure Act, to implement the
provisions of this Section, including wage increases for direct

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care staff.
(d) To eliminate wage discrepancies and further stabilize
the workforce, the Department shall require each
community-based provider to show that it has made wage and
benefit enhancements associated with rate increases from home
and community-based services programs for individuals with
developmental disabilities beginning in fiscal year 2021. A
provider must verify its compliance by submitting an
expenditure report to the Department. The Department may
designate another party to audit a provider should the report
be absent, incomplete, or give reasonable suspicion of fraud.
The Department may provide a compliance action plan outlining
fund reallocation should the audit contain evidence the
provider has not complied. Failure to abide by the action plan
may result in Department sanctions, such as suspension of
intake or termination of a contract. "Front-line personnel"
includes direct support persons, aides, front-line
supervisors, qualified intellectual disabilities
professionals, nurses, and non-administrative support staff
working in community-based provider organizations serving
individuals with developmental disabilities. The Department
shall adopt rules implementing the requirements of this
subsection (d).
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
101-10, eff. 6-5-19.)".