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IL SB1753

IL SB1753
ENSURING ESSENTIAL SERVICES


summary

Introduced
02/05/2025
In Committee
02/05/2025
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

Creates the Ensuring Essential Services Act. Provides that the purpose of the Act is to ensure the State meets its obligation to provide certain essential services for individuals with developmental disabilities at consistent quality levels in accordance with its waiver agreement with the Centers for Medicare and Medicaid Services, all while allocating scarce taxpayer resources. Provides that any contract entered into between the Department of Human Services and an agency shall include a provision assuring the State of the uninterrupted delivery of the contracted-for services. Provides that such assurance shall provide that the agency has entered into a binding labor peace agreement with any labor organization that is the exclusive representative of the agency's frontline and direct support staff or, where no exclusive representation has been established, that the agency has or will enter into an agreement with any labor organization that seeks to become the agency's frontline and direct support staff's exclusive representative. Provides that the assurance shall become a condition of any contract entered into, renewed, or amended on or after the effective date of the Act. Requires the Department of Healthcare and Family Services to, no later than 90 days after the effective date of the Act, apply to the Centers for Medicare and Medicaid Services for a waiver or State Plan amendment to allow implementation of the contracting requirements. Requires the Department of Human Services, no later than 60 days after the effective date of the Act, to adopt rules implementing the requirements of the Act. Contains provisions on contract requirements for Department of Human Services' contracts; enforcement of contractual assurances; remedial actions for noncompliance; and other matters. Effective June 1, 2025.

AI Summary

This bill creates the Ensuring Essential Services Act to address labor and service continuity challenges in home and community-based services for individuals with developmental disabilities (IDD) in Illinois. The legislation requires agencies providing IDD services to enter into labor peace agreements with labor organizations representing frontline and direct support staff, with the goal of ensuring uninterrupted service delivery. Specifically, any contract between the Department of Human Services and an agency must include a provision requiring either an existing labor peace agreement with the exclusive staff representative or a commitment to enter into such an agreement. If an agency fails to comply, the bill establishes a graduated enforcement mechanism, including a 30-day notice to correct deficiencies, potential contract non-renewal, and ineligibility for future recertification. The bill's underlying rationale stems from ongoing workforce shortages, high turnover rates, and the potential devastating consequences of service interruptions for IDD program participants. The Department of Healthcare and Family Services is required to seek necessary federal waivers, and the Department of Human Services must adopt implementing rules within 60 days. The act becomes effective June 1, 2025, and aims to promote workforce stability, reduce service disruptions, and ensure consistent, high-quality care for individuals with developmental disabilities.

Sponsors (1)

Last Action

Referred to Assignments (on 02/05/2025)

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