Bill Text: IL HB0292 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Amends the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to increase rates and reimbursements in effect on June 30, 2021 payable to Illinois not-for-profit community-based agencies in order to increase access utilization of individual and group supported employment, increase acuity-based rate differentials in on-site and off-site community day services, and other matters. Provides that beginning January 1, 2022, for a medical assistance recipient who is a resident in a facility licensed under the Community-Integrated Living Arrangements (CILA) Licensure and Certification Act, the State shall pay an amount in addition to the minimum monthly personal needs allowance authorized under the Social Security Act so that the person's total monthly personal needs allowance from both State and federal sources equals $90. Provides that beginning no later than October 1, 2022, residents of CILA facilities who are eligible for medical assistance and are enrolled in the State's home and community-based services waiver program for adults with developmental disabilities shall retain all earned income from employment or community day services activities. Amends the Illinois Procurement Code. In a provision requiring the State Use Committee to review the pricing of supplies and services procured by the State from a qualified not-for-profit agency for persons with significant disabilities, provides that the Committee may consider during its review certain factors including, but not limited to, amounts private businesses would pay for similar products or services. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2021-02-23 - Assigned to Human Services Committee [HB0292 Detail]

Download: Illinois-2021-HB0292-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0292

Introduced , by Rep. Natalie A. Manley

SYNOPSIS AS INTRODUCED:
30 ILCS 500/45-35
305 ILCS 5/5-5.4i
305 ILCS 5/5-35
305 ILCS 5/5-36.1 new

Amends the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to increase rates and reimbursements in effect on June 30, 2021 payable to Illinois not-for-profit community-based agencies in order to increase access utilization of individual and group supported employment, increase acuity-based rate differentials in on-site and off-site community day services, and other matters. Provides that beginning January 1, 2022, for a medical assistance recipient who is a resident in a facility licensed under the Community-Integrated Living Arrangements (CILA) Licensure and Certification Act, the State shall pay an amount in addition to the minimum monthly personal needs allowance authorized under the Social Security Act so that the person's total monthly personal needs allowance from both State and federal sources equals $90. Provides that beginning no later than October 1, 2022, residents of CILA facilities who are eligible for medical assistance and are enrolled in the State's home and community-based services waiver program for adults with developmental disabilities shall retain all earned income from employment or community day services activities. Amends the Illinois Procurement Code. In a provision requiring the State Use Committee to review the pricing of supplies and services procured by the State from a qualified not-for-profit agency for persons with significant disabilities, provides that the Committee may consider during its review certain factors including, but not limited to, amounts private businesses would pay for similar products or services. Effective immediately.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB0292LRB102 09989 KTG 15307 b
1 AN ACT concerning public aid.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Procurement Code is amended by
5changing Section 45-35 as follows:
6 (30 ILCS 500/45-35)
7 Sec. 45-35. Not-for-profit agencies for persons with
8significant disabilities. The purpose of this Section is to
9further the State's Employment First policy via the Illinois
10Employment First Act by maximizing its investment in job
11opportunities that afford individuals with disabilities
12competitive wages and allow those individuals to achieve
13maximum independence through employment.
14 (a) Qualification. Supplies and services shall may be
15procured without advertising or calling for bids from any
16qualified not-for-profit agency for persons with significant
17disabilities that:
18 (1) complies with Illinois laws governing private
19 not-for-profit organizations;
20 (2) is certified as a work center by the Wage and Hour
21 Division of the United States Department of Labor or is an
22 accredited vocational program that provides transition
23 services to youth between the ages of 14 1/2 and 22 in

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1 accordance with individualized education plans under
2 Section 14-8.03 of the School Code and that provides
3 residential services at a child care institution, as
4 defined under Section 2.06 of the Child Care Act of 1969,
5 or at a group home, as defined under Section 2.16 of the
6 Child Care Act of 1969; and
7 (3) is accredited by a nationally-recognized
8 accrediting organization or certified as a developmental
9 training provider by the Department of Human Services; and
10 .
11 (4) pays at least minimum wage or better.
12 (b) Participation. To participate, the not-for-profit
13agency must have indicated an interest in providing the
14supplies and services, must meet the specifications and needs
15of the using agency, and must set a fair and reasonable price.
16 (c) Committee. There is created within the Department of
17Central Management Services a committee to facilitate the
18purchase of products and services from not-for-profit agencies
19that provide employment opportunities to persons with physical
20disabilities, intellectual or developmental disabilities,
21mental illnesses, or any combination thereof of persons with a
22significant physical, developmental, or mental disability or a
23combination of any of those disabilities who cannot engage in
24normal competitive employment due to the significant
25disability or combination of those disabilities. This
26committee is called the State Use Committee. The State Use

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1Committee shall consist of the Director of the Department of
2Central Management Services or his or her designee, the
3Secretary Director of the Department of Human Services or his
4or her designee, the Director of Commerce and Economic
5Opportunity or his or her designee, one public member
6representing private business who is knowledgeable of the
7employment needs and concerns of persons with developmental
8disabilities, one public member representing private business
9who is knowledgeable of the needs and concerns of
10rehabilitation facilities, one public member who is
11knowledgeable of the employment needs and concerns of persons
12with developmental disabilities, one public member who is
13knowledgeable of the needs and concerns of rehabilitation
14facilities, 2 members who have a disability, and 2 public
15members from a statewide association that represents
16community-based rehabilitation facilities serving or
17supporting individuals with intellectual or developmental
18disabilities, all appointed by the Governor. The public
19members shall serve 2 year terms, commencing upon appointment
20and every 2 years thereafter. A public member may be
21reappointed, and vacancies shall be filled by appointment for
22the completion of the term. In the event there is a vacancy on
23the State Use Committee, the Governor must make an appointment
24to fill that vacancy within 30 calendar days after the notice
25of vacancy. The members shall serve without compensation but
26shall be reimbursed for expenses at a rate equal to that of

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1State employees on a per diem basis by the Department of
2Central Management Services. All members shall be entitled to
3vote on issues before the State Use Committee.
4 The State Use Committee shall have the following powers
5and duties:
6 (1) To request from any State agency information as to
7 product specification and service requirements in order to
8 carry out its purpose.
9 (2) To meet quarterly or more often as necessary to
10 carry out its purposes.
11 (3) To request a quarterly report from each
12 participating qualified not-for-profit agency for persons
13 with significant disabilities describing the volume of
14 sales for each product or service sold under this Section.
15 (4) To prepare a report for the Governor and General
16 Assembly no later than December 31 of each year. The
17 requirement for reporting to the General Assembly shall be
18 satisfied by following the procedures set forth in Section
19 3.1 of the General Assembly Organization Act.
20 (5) To prepare a publication that lists all supplies
21 and services currently available from any qualified
22 not-for-profit agency for persons with significant
23 disabilities. This list and any revisions shall be
24 distributed to all purchasing agencies.
25 (6) To encourage diversity in supplies and services
26 provided by qualified not-for-profit agencies for persons

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1 with significant disabilities and discourage unnecessary
2 duplication or competition among not-for-profit agencies.
3 (7) To develop guidelines to be followed by qualifying
4 agencies for participation under the provisions of this
5 Section. Guidelines shall include a list of national
6 accrediting organizations which satisfy the requirements
7 of item (3) of subsection (a) of this Section. The
8 guidelines shall be developed within 6 months after the
9 effective date of this Code and made available on a
10 nondiscriminatory basis to all qualifying agencies. The
11 new guidelines required under this item (7) by Public Act
12 100-203 this amendatory Act of the 100th General Assembly
13 shall be developed within 6 months after August 18, 2017
14 (the effective date of Public Act 100-203) this amendatory
15 Act of the 100th General Assembly and made available on a
16 non-discriminatory basis to all qualifying not-for-profit
17 agencies.
18 (8) To review all pricing submitted under the
19 provisions of this Section and may approve a proposed
20 agreement for supplies or services where the price
21 submitted is fair and reasonable. Review of pricing under
22 this paragraph may include, but is not limited to:
23 (A) Amounts private businesses would pay for
24 similar products or services.
25 (B) Amounts the federal government would pay
26 contractors for similar products or services.

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1 (C) The amount paid by the State for similar
2 products or services.
3 (D) The actual cost of manufacturing the product
4 or performing a service at a community rehabilitation
5 program offering employment services on or off
6 premises to persons with disabilities or mental
7 illnesses, with adequate consideration given to legal
8 and moral imperatives to pay workers with disabilities
9 equitable wages.
10 (E) The usual, customary, and reasonable costs of
11 manufacturing, marketing, and distribution.
12 (9) To, not less than every 3 years, adopt a strategic
13 plan for increasing the number of products and services
14 purchased from qualified not-for-profit agencies for
15 persons with significant disabilities or mental illnesses,
16 including the feasibility of developing mandatory
17 set-aside contracts.
18 (c-5) Conditions for Use. Each chief procurement officer
19shall, in consultation with the State Use Committee, determine
20which articles, materials, services, food stuffs, and supplies
21that are produced, manufactured, or provided by persons with
22significant disabilities in qualified not-for-profit agencies
23shall be given preference by purchasing agencies procuring
24those items.
25 (d) (Blank).
26 (e) Subcontracts. Subcontracts shall be permitted for

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1agreements authorized under this Section. For the purposes of
2this subsection (e), "subcontract" means any acquisition from
3another source of supplies, not including raw materials, or
4services required by a qualified not-for-profit agency to
5provide the supplies or services that are the subject of the
6contract between the State and the qualified not-for-profit
7agency.
8 The State Use Committee shall develop guidelines to be
9followed by qualified not-for-profit agencies when seeking and
10establishing subcontracts with other persons or not-for-profit
11agencies in order to fulfill State contract requirements.
12These guidelines shall include the following:
13 (i) The State Use Committee must approve all
14 subcontracts and substantive amendments to subcontracts
15 prior to execution or amendment of the subcontract.
16 (ii) A qualified not-for-profit agency shall not enter
17 into a subcontract, or any combination of subcontracts, to
18 fulfill an entire requirement, contract, or order without
19 written State Use Committee approval.
20 (iii) A qualified not-for-profit agency shall make
21 reasonable efforts to utilize subcontracts with other
22 not-for-profit agencies for persons with significant
23 disabilities.
24 (iv) For any subcontract not currently performed by a
25 qualified not-for-profit agency, the primary qualified
26 not-for-profit agency must provide to the State Use

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1 Committee the following: (A) a written explanation as to
2 why the subcontract is not performed by a qualified
3 not-for-profit agency, and (B) a written plan to transfer
4 the subcontract to a qualified not-for-profit agency, as
5 reasonable.
6(Source: P.A. 100-203, eff. 8-18-17; revised 7-18-19.)
7 Section 10. The Illinois Public Aid Code is amended by
8changing Sections 5-5.4i and 5-35 and by adding Section 5-36.1
9as follows:
10 (305 ILCS 5/5-5.4i)
11 Sec. 5-5.4i. Rates and reimbursements.
12 (a) Within 30 days after July 6, 2017 (the effective date
13of Public Act 100-23), the Department shall increase rates and
14reimbursements to fund a minimum of a $0.75 per hour wage
15increase for front-line personnel, including, but not limited
16to, direct support persons, aides, front-line supervisors,
17qualified intellectual disabilities professionals, nurses, and
18non-administrative support staff working in community-based
19provider organizations serving individuals with developmental
20disabilities. The Department shall adopt rules, including
21emergency rules under subsection (y) of Section 5-45 of the
22Illinois Administrative Procedure Act, to implement the
23provisions of this Section.
24 (b) Within 30 days after June 4, 2018 (the effective date

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1of Public Act 100-587), the Department shall increase rates
2and reimbursements to fund a minimum of a $0.50 per hour wage
3increase for front-line personnel, including, but not limited
4to, direct support persons, aides, front-line supervisors,
5qualified intellectual disabilities professionals, nurses, and
6non-administrative support staff working in community-based
7provider organizations serving individuals with developmental
8disabilities. The Department shall adopt rules, including
9emergency rules under subsection (bb) of Section 5-45 of the
10Illinois Administrative Procedure Act, to implement the
11provisions of this Section.
12 (c) Within 30 days after the effective date of this
13amendatory Act of the 101st General Assembly, subject to
14federal approval, the Department shall increase rates and
15reimbursements in effect on June 30, 2019 for community-based
16providers for persons with Developmental Disabilities by 3.5%.
17The Department shall adopt rules, including emergency rules
18under subsection (ii) of Section 5-45 of the Illinois
19Administrative Procedure Act, to implement the provisions of
20this Section, including wage increases for direct care staff.
21 (d) Subject to federal approval, within 30 days after the
22effective date of this amendatory Act of the 102nd General
23Assembly the Department of Healthcare and Family Services, in
24consultation with the Department of Human Services, shall
25increase rates and reimbursements in effect on June 30, 2021
26payable to Illinois not-for-profit community-based agencies,

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1in a form and manner determined by the Department of
2Healthcare and Family Services, in order to effectuate the
3following:
4 (1) increase access utilization of individual and
5 group supported employment;
6 (2) increase acuity-based rate differentials in
7 on-site and off-site community day services;
8 (3) increase access and utilization of customized
9 employment services and supports; and
10 (4) increase utilization of competitive integrated
11 employment services and supports.
12(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
13101-10, eff. 6-5-19.)
14 (305 ILCS 5/5-35)
15 Sec. 5-35. Personal needs allowance.
16 (a) For a person who is a resident in a facility licensed
17under the ID/DD Community Care Act, the Community-Integrated
18Living Arrangements Licensure and Certification Act, the
19Specialized Mental Health Rehabilitation Act of 2013, or the
20MC/DD Act for whom payments are made under this Article
21throughout a month and who is determined to be eligible for
22medical assistance under this Article, the State shall pay an
23amount in addition to the minimum monthly personal needs
24allowance authorized under Section 1902(q) of Title XIX of the
25Social Security Act (42 U.S.C. 1396(q)) so that the person's

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1total monthly personal needs allowance from both State and
2federal sources equals $60.
3 (b) Beginning January 1, 2022, for a person who is a
4resident in a facility licensed under the Community-Integrated
5Living Arrangements Licensure and Certification Act for whom
6payments are made under this Article throughout a month and
7who is determined to be eligible for medical assistance under
8this Article, the State shall pay an amount in addition to the
9minimum monthly personal needs allowance authorized under
10Section 1902(q) of Title XIX of the Social Security Act so that
11the person's total monthly personal needs allowance from both
12State and federal sources equals $90.
13 (c) Beginning January 1, 2023, the personal needs
14allowance described in subsection (b) shall increase annually
15at the same rate as the Social Security cost-of-living
16adjustment to take effect on January 1 of each year.
17(Source: P.A. 100-23, eff. 7-6-17.)
18 (305 ILCS 5/5-36.1 new)
19 Sec. 5-36.1. Earned income for residents of
20community-integrated living arrangements.
21 (a) Beginning no later than October 1, 2022, residents of
22facilities licensed under the Community-Integrated Living
23Arrangements Licensure and Certification Act who are
24determined to be eligible for medical assistance under this
25Code and who are enrolled in the State's home and

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1community-based services waiver program for adults with
2developmental disabilities shall retain all earned income from
3employment or community day services activities.
4 (b) No portion of earned income shall be applied toward
5the facilities rate reimbursement methodology. The Department
6of Human Services shall ensure the rates of payments paid to
7facilities under the Code are held harmless.
8 Section 99. Effective date. This Act takes effect upon
9becoming law.
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