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

---

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: Slight Partisan Bill (Democrat 12-4)

Status: (Passed) 2021-08-13 - Public Act . . . . . . . . . 102-0343 [HB0292 Detail]

Download: Illinois-2021-HB0292-Chaptered.html

---

Public Act 102-0343
HB0292 Enrolled LRB102 09989 KTG 15307 b
AN ACT concerning public aid.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Procurement Code is amended by
changing Section 45-35 as follows:
(30 ILCS 500/45-35)
Sec. 45-35. Not-for-profit agencies for persons with
significant disabilities.
(a) Qualification. Supplies and services may be procured
without advertising or calling for bids from any qualified
not-for-profit agency for persons with significant
disabilities that:
(1) complies with Illinois laws governing private
not-for-profit organizations;
(2) is certified as a work center by the Wage and Hour
Division of the United States Department of Labor or is an
accredited vocational program that provides transition
services to youth between the ages of 14 1/2 and 22 in
accordance with individualized education plans under
Section 14-8.03 of the School Code and that provides
residential services at a child care institution, as
defined under Section 2.06 of the Child Care Act of 1969,
or at a group home, as defined under Section 2.16 of the

Child Care Act of 1969; and
(3) is accredited by a nationally-recognized
accrediting organization or certified as a developmental
training provider by the Department of Human Services.
(b) Participation. To participate, the not-for-profit
agency must have indicated an interest in providing the
supplies and services, must meet the specifications and needs
of the using agency, and must set a fair and reasonable price.
(c) Committee. There is created within the Department of
Central Management Services a committee to facilitate the
purchase of products and services from not-for-profit agencies
that provide employment opportunities to persons with physical
disabilities, intellectual or developmental disabilities,
mental illnesses, or any combination thereof of persons with a
significant physical, developmental, or mental disability or a
combination of any of those disabilities who cannot engage in
normal competitive employment due to the significant
disability or combination of those disabilities. This
committee is called the State Use Committee. The State Use
Committee shall consist of the Director of the Department of
Central Management Services or his or her designee, the
Secretary Director of the Department of Human Services or his
or her designee, the Director of Commerce and Economic
Opportunity or his or her designee, one public member
representing private business who is knowledgeable of the
employment needs and concerns of persons with developmental

disabilities, one public member representing private business
who is knowledgeable of the needs and concerns of
rehabilitation facilities, one public member who is
knowledgeable of the employment needs and concerns of persons
with developmental disabilities, one public member who is
knowledgeable of the needs and concerns of rehabilitation
facilities, 2 members who have a disability, and 2 public
members from a statewide association that represents
community-based rehabilitation facilities serving or
supporting individuals with intellectual or developmental
disabilities, and one public member from a disability-focused
statewide advocacy group, all appointed by the Governor. The
public members shall serve 2 year terms, commencing upon
appointment and every 2 years thereafter. A public member may
be reappointed, and vacancies shall be filled by appointment
for the completion of the term. In the event there is a vacancy
on the State Use Committee, the Governor must make an
appointment to fill that vacancy within 30 calendar days after
the notice of vacancy. The members shall serve without
compensation but shall be reimbursed for expenses at a rate
equal to that of State employees on a per diem basis by the
Department of Central Management Services. All members shall
be entitled to vote on issues before the State Use Committee.
The State Use Committee shall have the following powers
and duties:
(1) To request from any State agency information as to

product specification and service requirements in order to
carry out its purpose.
(2) To meet quarterly or more often as necessary to
carry out its purposes.
(3) To request a quarterly report from each
participating qualified not-for-profit agency for persons
with significant disabilities describing the volume of
sales for each product or service sold under this Section.
(4) To prepare a report for the Governor and General
Assembly no later than December 31 of each year. The
requirement for reporting to the General Assembly shall be
satisfied by following the procedures set forth in Section
3.1 of the General Assembly Organization Act.
(5) To prepare a publication that lists all supplies
and services currently available from any qualified
not-for-profit agency for persons with significant
disabilities. This list and any revisions shall be
distributed to all purchasing agencies.
(6) To encourage diversity in supplies and services
provided by qualified not-for-profit agencies for persons
with significant disabilities and discourage unnecessary
duplication or competition among not-for-profit agencies.
(7) To develop guidelines to be followed by qualifying
agencies for participation under the provisions of this
Section. Guidelines shall include a list of national
accrediting organizations which satisfy the requirements

of item (3) of subsection (a) of this Section. The
guidelines shall be developed within 6 months after the
effective date of this Code and made available on a
nondiscriminatory basis to all qualifying agencies. The
new guidelines required under this item (7) by Public Act
100-203 this amendatory Act of the 100th General Assembly
shall be developed within 6 months after August 18, 2017
(the effective date of Public Act 100-203) this amendatory
Act of the 100th General Assembly and made available on a
non-discriminatory basis to all qualifying not-for-profit
agencies.
(8) To review all pricing submitted under the
provisions of this Section and may approve a proposed
agreement for supplies or services where the price
submitted is fair and reasonable. Review of pricing under
this paragraph may include, but is not limited to:
(A) Amounts private businesses would pay for
similar products or services.
(B) Amounts the federal government would pay
contractors for similar products or services.
(C) The amount paid by the State for similar
products or services.
(D) The actual cost of manufacturing the product
or performing a service at a community rehabilitation
program offering employment services on or off
premises to persons with disabilities or mental

illnesses, with adequate consideration given to legal
and moral imperatives to pay workers with disabilities
equitable wages.
(E) The usual, customary, and reasonable costs of
manufacturing, marketing, and distribution.
(9) To, not less than every 3 years, adopt a strategic
plan for increasing the number of products and services
purchased from qualified not-for-profit agencies for
persons with significant disabilities or mental illnesses,
including the feasibility of developing mandatory
set-aside contracts.
(c-5) Conditions for Use. Each chief procurement officer
shall, in consultation with the State Use Committee, determine
which articles, materials, services, food stuffs, and supplies
that are produced, manufactured, or provided by persons with
significant disabilities in qualified not-for-profit agencies
shall be given preference by purchasing agencies procuring
those items.
(d) (Blank).
(e) Subcontracts. Subcontracts shall be permitted for
agreements authorized under this Section. For the purposes of
this subsection (e), "subcontract" means any acquisition from
another source of supplies, not including raw materials, or
services required by a qualified not-for-profit agency to
provide the supplies or services that are the subject of the
contract between the State and the qualified not-for-profit

agency.
The State Use Committee shall develop guidelines to be
followed by qualified not-for-profit agencies when seeking and
establishing subcontracts with other persons or not-for-profit
agencies in order to fulfill State contract requirements.
These guidelines shall include the following:
(i) The State Use Committee must approve all
subcontracts and substantive amendments to subcontracts
prior to execution or amendment of the subcontract.
(ii) A qualified not-for-profit agency shall not enter
into a subcontract, or any combination of subcontracts, to
fulfill an entire requirement, contract, or order without
written State Use Committee approval.
(iii) A qualified not-for-profit agency shall make
reasonable efforts to utilize subcontracts with other
not-for-profit agencies for persons with significant
disabilities.
(iv) For any subcontract not currently performed by a
qualified not-for-profit agency, the primary qualified
not-for-profit agency must provide to the State Use
Committee the following: (A) a written explanation as to
why the subcontract is not performed by a qualified
not-for-profit agency, and (B) a written plan to transfer
the subcontract to a qualified not-for-profit agency, as
reasonable.
(Source: P.A. 100-203, eff. 8-18-17; revised 7-18-19.)

Section 10. The Illinois Public Aid Code is amended by
adding Section 5-36.1 as follows:
(305 ILCS 5/5-36.1 new)
Sec. 5-36.1. Earned income for residents of
community-integrated living arrangements.
(a) Beginning no later than July 1, 2021, residents of
facilities licensed under the Community-Integrated Living
Arrangements Licensure and Certification Act who are
determined to be eligible for medical assistance under this
Code and who 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.
(b) No portion of earned income shall be applied toward
the facilities rate reimbursement methodology. The Department
of Human Services shall ensure the rates of payments paid to
facilities under the Code are held harmless.
Section 99. Effective date. This Act takes effect upon
becoming law.