Bill Text: IL SB3291 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Medical Assistance Article of the Illinois Public Aid Code. Provides that for facilities licensed by the Department of Public Health under the MR/DD Community Care Act as Intermediate Care Facilities for the Developmentally Disabled or Long Term Care for Under Age 22 facilities, the payment rates established by the Department of Healthcare and Family Services that take effect on July 1, 2010 shall include an increase sufficient to provide a $0.50 per-hour wage increase for non-executive staff. Effective immediately.

Sponsorship: Moderate Partisan Bill (Democrat 7-1)

Status: (Passed) 2010-07-21 - Public Act . . . . . . . . . 96-1124 [SB3291 Detail]

Download: Illinois-2009-SB3291-Enrolled.html

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AN ACT concerning public aid.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mental Health and Developmental
Disabilities Administrative Act is amended by adding Section
54.5 as follows:
(20 ILCS 1705/54.5 new)
Sec. 54.5. Community care for the developmentally disabled
quality workforce initiative.
(a) Legislative intent. Individuals with developmental
disabilities who live in community-based settings rely on
direct support staff for a variety of supports and services
essential to the ability to reach their full potential. A
stable, well-trained direct support workforce is critical to
the well-being of these individuals. State and national studies
have documented high rates of turnover among direct support
workers and confirmed that improvements in wages can help
reduce turnover and develop a more stable and committed
workforce. This Section would increase the wages and benefits
for direct care workers supporting individuals with
developmental disabilities and provide accountability by
ensuring that additional resources go directly to these
workers.

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(b) Reimbursement. In order to attract and retain a stable,
qualified, and healthy workforce, beginning July 1, 2010, the
Department of Human Services may reimburse an individual
community service provider serving individuals with
developmental disabilities for spending incurred to provide
improved wages and benefits to its employees serving
developmentally disabled individuals. Reimbursement shall be
based upon the provider's most recent cost report. Subject to
available appropriations, this reimbursement shall be made
according to the following criteria:
(1) The Department shall reimburse the provider to
compensate for spending on improved wages and benefits for
its eligible employees. Eligible employees include
employees engaged in direct care work.
(2) In order to qualify for reimbursement under this
Section, a provider must submit to the Department, before
January 1 of each year, documentation of a written, legally
binding commitment to increase spending for the purpose of
providing improved wages and benefits to its eligible
employees during the next year. The commitment must be
binding as to both existing and future staff. The
commitment must include a method of enforcing the
commitment that is available to the employees or their
representative and is expeditious, uses a neutral
decision-maker, and is economical for the employees. The
Department must also receive documentation of the

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provider's provision of written notice of the commitment
and the availability of the enforcement mechanism to the
employees or their representative.
(3) Reimbursement shall be based on the amount of
increased spending to be incurred by the provider for
improving wages and benefits that exceeds the spending
reported in the cost report currently used by the
Department. Reimbursement shall be calculated as follows:
the per diem equivalent of the quarterly difference between
the cost to provide improved wages and benefits for covered
eligible employees as identified in the legally binding
commitment and the previous period cost of wages and
benefits as reported in the cost report currently used by
the Department, subject to the limitations identified in
paragraph (2) of this subsection. In no event shall the per
diem increase be in excess of $7.00 for any 12 month
period, or in excess of $8.00 for any 12 month period for
community-integrated living arrangements with 4 beds or
less. For purposes of this Section, "community-integrated
living arrangement" has the same meaning ascribed to that
term in the Community-Integrated Living Arrangements
Licensure and Certification Act.
(4) Any community service provider is eligible to
receive reimbursement under this Section. A provider's
eligibility to receive reimbursement shall continue as
long as the provider maintains eligibility under paragraph

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(2) of this subsection and the reimbursement program
continues to exist.
(c) Audit. Reimbursement under this Section is subject to
audit by the Department and shall be reduced or eliminated in
the case of any provider that does not honor its commitment to
increase spending to improve the wages and benefits of its
employees or that decreases such spending.
Section 10. The Illinois Public Aid Code is amended by
adding Section 5-5.4f as follows:
(305 ILCS 5/5-5.4f new)
Sec. 5-5.4f. Intermediate care facilities for the
developmentally disabled quality workforce initiative.
(a) Legislative intent. Individuals with developmental
disabilities who live in community-based settings rely on
direct support staff for a variety of supports and services
essential to the ability to reach their full potential. A
stable, well-trained direct support workforce is critical to
the well-being of these individuals. State and national studies
have documented high rates of turnover among direct support
workers and confirmed that improvements in wages can help
reduce turnover and develop a more stable and committed
workforce. This Section would increase the wages and benefits
for direct care workers supporting individuals with
developmental disabilities and provide accountability by

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ensuring that additional resources go directly to these
workers.
(b) Reimbursement. Notwithstanding any provision of
Section 5-5.4, in order to attract and retain a stable,
qualified, and healthy workforce, beginning July 1, 2010, the
Department of Healthcare and Family Services may reimburse an
individual intermediate care facility for the developmentally
disabled for spending incurred to provide improved wages and
benefits to its employees serving the individuals residing in
the facility. Reimbursement shall be based upon patient days
reported in the facility's most recent cost report. Subject to
available appropriations, this reimbursement shall be made
according to the following criteria:
(1) The Department shall reimburse the facility to
compensate for spending on improved wages and benefits for
its eligible employees. Eligible employees include
employees engaged in direct care work.
(2) In order to qualify for reimbursement under this
Section, a facility must submit to the Department, before
January 1 of each year, documentation of a written, legally
binding commitment to increase spending for the purpose of
providing improved wages and benefits to its eligible
employees during the next year. The commitment must be
binding as to both existing and future staff. The
commitment must include a method of enforcing the
commitment that is available to the employees or their

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representative and is expeditious, uses a neutral
decision-maker, and is economical for the employees. The
Department must also receive documentation of the
facility's provision of written notice of the commitment
and the availability of the enforcement mechanism to the
employees or their representative.
(3) Reimbursement shall be based on the amount of
increased spending to be incurred by the facility for
improving wages and benefits that exceeds the spending
reported in the cost report currently used by the
Department. Reimbursement shall be calculated as follows:
the per diem equivalent of the quarterly difference between
the cost to provide improved wages and benefits for covered
eligible employees as identified in the legally binding
commitment and the previous period cost of wages and
benefits as reported in the cost report currently used by
the Department, subject to the limitations identified in
paragraph (2) of this subsection. In no event shall the per
diem increase be in excess of $5.00 for any 12 month period
for an intermediate care facility for the developmentally
disabled with more than 16 beds, or in excess of $6.00 for
any 12 month period for an intermediate care facility for
the developmentally disabled with 16 beds or less.
(4) Any intermediate care facility for the
developmentally disabled is eligible to receive
reimbursement under this Section. A facility's eligibility

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to receive reimbursement shall continue as long as the
facility maintains eligibility under paragraph (2) of this
subsection and the reimbursement program continues to
exist.
(c) Audit. Reimbursement under this Section is subject to
audit by the Department and shall be reduced or eliminated in
the case of any facility that does not honor its commitment to
increase spending to improve the wages and benefits of its
employees or that decreases such spending.
Section 99. Effective date. This Act takes effect July 1,
2010.