This legislative update was written by Phil Milsk, The Arc’s Governmental Affairs Consultant.
Tony
THE ARC of ILLINOIS LEGISLATIVE UPDATE
June 7, 2016
BUDGET
The General Assembly left Springfield on May 31, 2016, without sending a budget bill to the Governor for fiscal year 2017 or addressing the outstanding unpaid bills for FY 2016. The House had passed a complete appropriations bill, included funding for K-12 education, SB 2048, House Amendment #2, on May 26, 2016, with 60 members voting in favor. However, when the Senate considered the bill on the last session day, the bill only received 17 votes. According to the GOMB, the House-approved budget appropriated approximately $7.5 billion more than the projected available revenue.
In the early evening of May 31, 2016, the Governor’s office urged support for legislation filed that day by Senate Republican Leader Chris Radogno and House Republican Leader Jim Durkin, SB 3435 and HB 6585 respectively, that would (1) appropriate non-general revenue budget line items to fund some FY 2016 human services programs, (2) use the balance of the Rainy Day Fund to pay outstanding FY 2016 bills at State agencies, (3) use $458 million from the Commitment to Fund Human Services Fund to provide payments to human services providers not covered by court orders and consent decrees and appropriate an additional $180 million from the Commitment to Fund Human Services Fund for FY 2017 payments, and (4) appropriate all FY 2017 federal pass-through funds (as was done in a separate bill last summer for FY 2016).
These bills were not advanced prior to adjournment. HB 6585 has not been referred to the House Rules Committee yet. A number of House Republican members have signed on as co-sponsors. SB 3435 has been referred to the Senate Assignments Committee.
In the meantime, SB 2038 is an appropriations bill for 2016 that was sent to the Governor on May 18, 2016 that would partially fund human services lines at about 45% of the annualized amount and does not include anything covered by consent decree or court order. In addition, SB 2046 would fund human services and other services and it was sent to the Governor on April 14, 2016. Both bills are likely to be vetoed.
SUBSTANTIVE LEGISLATION
HB 5931(Gabel/Steans)—Wage Increase for Direct Support Personnel
“Care Campaign” bill that would raise the wage for front line personnel serving individuals with developmental and intellectual disabilities in residential and day programs including intermediate care facilities, CILA, developmental training, employment and other residential and day programs supported by State funds or Medicaid to $15/hour. It would require the State to adjust rates and reimbursements to support the wage increase for direct support personnel and other front line personnel. This bill has passed both houses and will go to the Governor. The bill received 67 votes in the House and 40 in the Senate.
SB 2610(Mulroe/Durkin)—Single Continuum of Care License
This bill was proposed by Miseracordia. It would create a single continuum of care license for a service delivery model that includes CILA, campus group homes, skilled nursing facilities and employment opportunities. It would allow individuals to be transitioned within the continuum of care “seamlessly” and in a timely manner. The bill also requires IDHFS to apply for federal approval of either a Medicaid waiver or a State Medicaid Plan amendment for the continuum of care service model. Under this legislation IDHS would become the agency responsible for regulating skilled nursing facilities under the new single license instead of IDPH, but IDPH would be required to collaborate with IDHS in this process. The bill has passed both houses.
HB 4351(G. Harris/Biss)—Determination of Need Assessment
The bill pertains to the Home Services Program, the Community Care Program, the nursing home prescreening project and the supportive living facilities program. It is similar to a bill that passed last year and was vetoed, with the veto override vote failing by one vote in the House. The bill would lock into place the 29 determination of need (DON) score for program eligibility until a new assessment tool is developed and approved by the federal government. The bill also would put the eligibility criteria for the Community Care Program into statute rather than in administrative rules. Further, the bill provides that service cost maximums cannot go below the levels established as of January 1, 2016, and must be increased to reflect any rate increases. This bill has passed both houses with 68 votes in the House and 35 votes in the Senate.
HB 4257(Kifowit/Holmes)—Persons with Disabilities Wallet ID Card
As amended, this bill provides that, upon the approval a Person with a Disability Identification Card, the Secretary of State shall inform the applicant of the availability of a Person with a Disability Wallet Card that specifies that the individual has been medically diagnosed with a disability and shall provide the wallet card upon request by the applicant. The bill further provides that the IDHS shall consult with the Secretary of State regarding the design of the wallet card, and that IDHS shall produce and distribute the wallet cards to the Secretary of State. The bill requires the Secretary of State and the IDHS to collaborate on the development of rules governing the wallet cards. The bill only applies to individuals with disabilities as defined as Type Two or Type Five under the Illinois Identification Card Act, which include persons with developmental and intellectual disabilities and persons with significant cognitive, affective or relational abilities as defined under the Act. This bill has passed both houses.
SB 345(Harmon/Hoffman)—Autism Awareness Act
Creates the Autism and Co-Occurring Medical Conditions Awareness Act. The bill intends to address problems with medical providers and health insurance plans that do not identify, treat or cover medical conditions that can frequently co-occur with autism and to increase the study and awareness of such co-occurring conditions and symptoms for individuals with autism. The Act would sunset in 5 years. The bill has passed both houses.
HB 4352 (Bellock/Bush)—Definition of Dyslexia
This legislation inserts a definition of “dyslexia” into the Illinois School Code. It replaces language amended into the School Code in 2015 that required the State Board of Education to adopt by rule a definition of dyslexia that followed the international definition. The bill has passed both houses.
HB 6333(Gabel/Koehler)—Students with Asthma
This legislation provides school officials and personnel with information and training to ensure that the needs of students with asthma are appropriately met and that emergency response protocols for such students are in place. This bill has passed both houses.
SB 2137(Morrison/Cabello)—ADA Training in Schools
Amends the School Code to require, beginning in the 2016-2017 school year, that teacher institutes include instruction on the Americans with Disabilities Act, as it pertains to the school environment, at least once every two years. The bill has passed both houses.
HB 6086(Kifowit/T.Cullerton)—PUNS Selection
This bill amends provisions of the School Code passed in 2015 regarding the provision of information to parents and students about the PUNS. It requires IDHS to consider the length of time spent on the PUNS, in addition to other factors, when selecting individuals on the list for services. The bill has passed both houses.
HB 5736(Hernandez/Martinez)—Covering ALL KIDS Repeal Date
The legislation simply extends the repeal date of the Covering ALL KIDS Health Insurance Act from July 1, 2016, to October 1, 2019. The bill has passed both houses.
HB 6213(Ammons/Biss)—Medicaid Managed Care Provider Directory
The bill requires Medicaid Managed Care Organizations (MCOs) to follow certain requirements with respect to provider directories in order to give consumers timely and meaningful information and choice, including accessible online tools. The bill has passed both houses.
HB 5603(G. Harris/Link)—Electronic Monitoring of Long-Term Care Facilities
This legislation amends a new Act that went into effect on January 1, 2016. It provides that any electronic monitoring devices must be in compliance with the National Fire Protection Association Life Safety Code. It provides that Medicaid funding for electronic monitoring devices is subject to appropriation. Further, the bill provides that a resident may conduct electronic monitoring of his or her room through the use of devices placed in his or her room. The bill makes it a business offense to retaliate against a resident who consents to electronic monitoring of his or her room or to prevent the installation of electronic monitoring devices in a consenting resident’s room. Further, the bill provides that the implementation of the Act should not be delayed by delays in adopting administrative rules. This bill has passed both houses.
SB 3106(Morrison/Sims)—Testimony by Individuals with Intellectual Disabilities
This amends a Section of the Code of Criminal Procedure that the Arc of Illinois was able to have passed in the late 1990s to protect victims of sexual assault with developmental or intellectual disabilities. This section creates an exception to the hearsay rule and allows the victim of the alleged assault to provide testimony outside the presence of the accused. A similar procedure applies to child witnesses. The bill updates definitions and terminology. It was an initiative of the Lake County State’s Attorney. This bill has passed both houses.
SB 2931(Hastings/Harper)—Personal Assistants’ Wages
Provides for a wage increase for personal assistants in the Home Services Program and for individual maintenance home health workers to no less than $15/hour by July 1, 2016. Makes other changes regarding collective bargaining rights of such workers. Passed both houses.
Tony Paulauski
Executive Director
The Arc of Illinois
20901 S. LaGrange Rd. Suite 209
Frankfort, IL 60423
815-464-1832 (OFFICE)
815-464-1832 (CELL)
Tony@thearcofil.org