Bill Text: IL HB5306 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Community Services Act. Provides that for services classified as entitlement services under federal law or guidelines, caps may not be placed on the total amount of payment a provider may receive in a fiscal year and the Department of Human Services shall not require that a portion of the payments due be made in a subsequent fiscal year based on a yearly payment cap. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2010-08-23 - Public Act . . . . . . . . . 96-1472 [HB5306 Detail]

Download: Illinois-2009-HB5306-Enrolled.html

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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 2. The Department of Human Services Act is amended
by adding Section 1-40 as follows:
(20 ILCS 1305/1-40 new)
Sec. 1-40. Alcoholism and Substance Abuse; Mental Health;
provider payments. For authorized Medicaid services to
enrolled individuals, Division of Alcoholism and Substance
Abuse and Division of Mental Health providers shall receive
payment for such authorized services, with payment occurring no
later than in the next fiscal year.
Section 5. The Community Services Act is amended by
changing Section 4 as follows:
(405 ILCS 30/4) (from Ch. 91 1/2, par. 904)
Sec. 4. Financing for Community Services.
(a) The Department of Human Services is authorized to
provide financial reimbursement to eligible private service
providers, corporations, local government entities or
voluntary associations for the provision of services to persons
with mental illness, persons with a developmental disability

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and alcohol and drug dependent persons living in the community
for the purpose of achieving the goals of this Act.
The Department shall utilize the following funding
mechanisms for community services:
(1) Purchase of Care Contracts: services purchased on a
predetermined fee per unit of service basis from private
providers or governmental entities. Fee per service rates
are set by an established formula which covers some portion
of personnel, supplies, and other allowable costs, and
which makes some allowance for geographic variations in
costs as well as for additional program components.
(2) Grants: sums of money which the Department grants
to private providers or governmental entities pursuant to
the grant recipient's agreement to provide certain
services, as defined by departmental grant guidelines, to
an approximate number of service recipients. Grant levels
are set through consideration of personnel, supply and
other allowable costs, as well as other funds available to
the program.
(3) Other Funding Arrangements: funding mechanisms may
be established on a pilot basis in order to examine the
feasibility of alternative financing arrangements for the
provision of community services.
The Department shall establish and maintain an equitable
system of payment which allows providers to improve persons
with disabilities' capabilities for independence and reduces

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their reliance on State-operated services.
For services classified as entitlement services under
federal law or guidelines, caps may not be placed on the total
amount of payment a provider may receive in a fiscal year and
the Department shall not require that a portion of the payments
due be made in a subsequent fiscal year based on a yearly
payment cap.
(b) The Governor shall create a commission by September 1,
2009, or as soon thereafter as possible, to review funding
methodologies, identify gaps in funding, identify revenue, and
prioritize use of that revenue for community developmental
disability services, mental health services, alcohol and
substance abuse services, rehabilitation services, and early
intervention services. The Office of the Governor shall provide
staff support for the commission.
(c) The first meeting of the commission shall be held
within the first month after the creation and appointment of
the commission, and a final report summarizing the commission's
recommendations must be issued within 12 months after the first
meeting, and no later than September 1, 2010, to the Governor
and the General Assembly.
(d) The commission shall have the following 13 voting
members:
(A) one member of the House of Representatives,
appointed by the Speaker of the House of Representatives;
(B) one member of the House of Representatives,

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appointed by the House Minority Leader;
(C) one member of the Senate, appointed by the
President of the Senate;
(D) one member of the Senate, appointed by the Senate
Minority Leader;
(E) one person with a developmental disability, or a
family member or guardian of such a person, appointed by
the Governor;
(F) one person with a mental illness, or a family
member or guardian of such a person, appointed by the
Governor;
(G) two persons from unions that represent employees of
community providers that serve people with developmental
disabilities, mental illness, and alcohol and substance
abuse disorders, appointed by the Governor; and
(H) five persons from statewide associations that
represent community providers that provide residential,
day training, and other developmental disability services,
mental health services, alcohol and substance abuse
services, rehabilitation services, or early intervention
services, or any combination of those, appointed by the
Governor.
The commission shall also have the following ex-officio,
nonvoting members:
(I) the Director of the Governor's Office of Management
and Budget or his or her designee;

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(J) the Chief Financial Officer of the Department of
Human Services or his or her designee;
(K) the Administrator of the Department of Healthcare
and Family Services Division of Finance or his or her
designee;
(L) the Director of the Department of Human Services
Division of Developmental Disabilities or his or her
designee;
(M) the Director of the Department of Human Services
Division of Mental Health or his or her designee; and
(N) the Director of the Department of Human Services
Division of Alcohol and Substance Abuse or his or her
designee.
(e) The funding methodologies must reflect economic
factors inherent in providing services and supports, recognize
individual disability needs, and consider geographic
differences, transportation costs, required staffing ratios,
and mandates not currently funded.
(f) In accepting Department funds, providers shall
recognize their responsibility to be accountable to the
Department and the State for the delivery of services which are
consistent with the philosophies and goals of this Act and the
rules and regulations promulgated under it.
(Source: P.A. 95-682, eff. 10-11-07; 96-652, eff. 8-24-09.)
Section 99. Effective date. This Act takes effect upon
becoming law.