reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart G - STATEMENT OF CHILD SUPPORT ACCOUNT ACTIVITY › Section 160.140 - Quarterly Notice of Child Support Account Activity

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department will send to current TANF
				recipients, and former AFDC or TANF recipients, a quarterly notice of child
				support account activity when the following circumstances exist:
1) an IV-D account's receivable has been
				established;
2) an assignment of
				support rights is currently in effect or assigned arrearages are owed;
				and
3) the Department has received
				a child support payment during the quarter covered by the Notice.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart H - DEPARTMENT REVIEW OF DISTRIBUTION OF CHILD SUPPORT › Section 160.150 - Department Review of Distribution of Child Support for TANF Recipients

Current through Register Vol. 48, No. 28, July 12, 2024
Any TANF recipient who disagrees with the Department's
				  distribution of child support relating to her Title IV-D account (see Sections
				  160.100
				  and
				  160.130(b)
				  ) can appeal in accordance with 89 Ill. Adm. Code
				  102.80,
				  102.83
				  and
				  102.84 and 104:
				  Subpart A.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart H - DEPARTMENT REVIEW OF DISTRIBUTION OF CHILD SUPPORT › Section 160.160 - Department Review of Distribution of Child Support for Former AFDC or TANF Recipients

Current through Register Vol. 48, No. 28, July 12, 2024
a) A former
				AFDC or TANF recipient may request an account review at any time and a prior
				account review decision or reconsidered account review decision shall not act
				as a bar to review.
b) A written
				request for account review shall be filed with the Department. For mailed
				requests, the date of filing is the date the request is received by the
				Department, not the postmark date.
c) The Department shall require former AFDC
				or TANF recipients to provide the following information to request an account
				review:
1) the name and address of the former
				AFDC or TANF recipient,
2) the
				name(s) of her child(ren),
3) the
				name(s) of the responsible relative(s) obligated to pay support, and
4) the period for which review is
				sought.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart I - INTERGOVERNMENTAL IV-D CASES › Section 160.200 - Provision of Services in Intergovernmental IV-D Cases

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department's Central Registry for
				Intergovernmental IV-D Cases shall receive, transmit, and respond to inquiries
				on all incoming intergovernmental IV-D cases.
b) Within 10 working days after receipt of an
				intergovernmental IV-D case, the Central Registry shall:
1) Ensure that the documentation submitted
				with the case has been reviewed to determine completeness;
2) Forward the case for necessary action
				either to the State Parent Locator Service for location services or to the
				appropriate office for processing;
3) Acknowledge receipt of the case and
				request any missing documentation; and
4) Inform the initiating agency where the
				case was sent for action.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 165 - COLLECTIONS AND RECOVERIES › Subpart A - GENERAL OVERPAYMENT PROVISIONS › Section 165.1 - Incorporation By Reference

Current through Register Vol. 48, No. 28, July 12, 2024
Any rules or regulations of an agency of the United States or
				  of a nationally recognized organization or association that are incorporated by
				  reference in this Part are incorporated as of the date specified, and do not
				  include any later amendments or editions.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 165 - COLLECTIONS AND RECOVERIES › Subpart A - GENERAL OVERPAYMENT PROVISIONS › Section 165.10 - Overpayments

Current through Register Vol. 48, No. 28, July 12, 2024
An overpayment is financial assistance, food stamp benefits
				  or both issued in error to or in behalf of a client. The Illinois Department of
				  Human Services (Department) initiates action to recover overpayments, whether
				  or not a client is currently eligible for financial assistance, food stamp
				  benefits or both. Refer to Section
				  165.42(d)
				  for food stamp overpayments of $125 or less.
a) If a person currently receives assistance
				of the type in which the overpayment occurred, the overpayment shall be
				collected under Subpart B or C, as the case may be, of this Part.
b) If a family currently participating in the
				Temporary Assistance for Needy Families (TANF) program has received an
				overpayment of AFDC or TANF, and has not repaid the money, the overpayment
				shall be collected under Subpart B or C, as the case may be, of this
				Part.
c) If a person (including a
				person who receives only medical assistance) does not currently receive
				assistance of the type in which the overpayment occurred, the overpayment shall
				be collected under Subpart D of this Part.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 165 - COLLECTIONS AND RECOVERIES › Subpart A - GENERAL OVERPAYMENT PROVISIONS › Section 165.20 - Determination of Financial Assistance Overpayments

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall determine the amount of a financial
				  assistance overpayment for a specific month by comparing the correct grant
				  amount to the actual grant amount received. The amount received which is in
				  excess of the correct grant amount is the amount of overpayment for the month.
				  Any overpayment the Department identifies after September 30, 1981, whether or
				  not the overpayment occurred after that date, shall be included in the
				  determination.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 165 - COLLECTIONS AND RECOVERIES › Subpart A - GENERAL OVERPAYMENT PROVISIONS › Section 165.30 - Types of Food Stamp Overpayment Claims

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall establish one of the following types of
				  claims against any household that has received an overpayment of Food Stamp
				  benefits.
a) Intentional program
				violation: This claim is defined at 89 Ill. Adm. Code
				121.150
				and the methods for finding such a violation are listed in 89 Ill. Adm. Code
				121.153.
b) Inadvertent household error: This claim
				results from an overpayment caused by a misunderstanding or unintentional error
				on the part of the household. Inadvertent household errors include but are not
				limited to a household member's unintentional failure to provide the local
				office with correct or complete information or to report changes in its
				circumstances to the local office, or receiving more benefits than it was
				entitled to receive while awaiting a fair hearing decision because it appealed
				within ten (10) days of the date of notice and benefits were
				continued.
c) Administrative error:
				This claim results from an overpayment caused by Departmental action or failure
				to take action. Administrative errors include but are not limited to
				overpayments due to errors such as the Department's failure to act promptly on
				a reported change, incorrect issuance of duplicate coupons, incorrect
				computations, and failure to reduce benefits when the public assistance grant
				is changed.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 165 - COLLECTIONS AND RECOVERIES › Subpart A - GENERAL OVERPAYMENT PROVISIONS › Section 165.40 - Determination of Food Stamp Overpayments

Current through Register Vol. 48, No. 28, July 12, 2024
The Department determines the amount of a food stamp
				  overpayment claim by comparing the correct amount of food stamp benefits, if
				  any, the household was entitled to receive, based on actual income and
				  expenses, to the amount actually received, beginning with the month of
				  overpayment. The amount received which is in excess of the correct amount is
				  the amount of the overpayment, except as described in subsection (d) of this
				  Section. The earned income deduction is not allowed when the amount of an
				  overpayment is calculated, if the household failed to report the earned
				  income.
a) The determination of an
				intentional program violation, an inadvertent household error, or an
				administrative error overpayment shall not include any amount of overpayment
				for any month that is more than six years before the discovery date of the
				overpayment.
b) Where an
				intentional failure to report a change in circumstances constitutes the
				intentional program violation, the first month of overpayment is the month the
				change would have been effective if it had been reported.
c) For an inadvertent household error and an
				administrative error overpayment, where the overpayment resulted from an
				unreported change or the Department's inaction on a reported change, the first
				month of overpayment is the month the change would have been effective had it
				been reported or acted on in a timely manner.
d) As provided for in the 2009 American
				Recovery and Reinvestment Act, the amount of any overpayment cannot include the
				amount of the temporary benefit increase granted under that Act.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 165 - COLLECTIONS AND RECOVERIES › Subpart A - GENERAL OVERPAYMENT PROVISIONS › Section 165.42 - Establishment of Claims for Food Stamp Overpayments

Current through Register Vol. 48, No. 28, July 12, 2024
All adult (age 18 or over) members of a food stamp household
				  that receives an overpayment are jointly and severally liable for repayment of
				  the overpayment.
a) The Department
				will establish a claim to collect an overpayment against the household that
				received the overpayment. First priority will be given to collecting claims
				from currently receiving households.
b) If there has been a change in household
				composition since the overpayment, the Department will establish the claim
				against a currently receiving household in the following order:
1) The household that now contains the head
				of the overpaid household; or
2)
				The household that now contains an adult member of the overpaid household;
				or
3) The household that now
				contains an adult member of the overpaid household, which currently receives
				the highest monthly allotment, or, in the case of a claim for an intentional
				program violation, the highest monthly entitlement.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 165 - COLLECTIONS AND RECOVERIES › Subpart A - GENERAL OVERPAYMENT PROVISIONS › Section 165.44 - Acceptable Forms of Food Stamp Payments

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall collect food stamp overpayments by one
				  or more of the following forms of payment:
a) Reduction of benefits prior to issuance.
				This includes allotment reduction and offsets to restored benefits.
b) Reduction of benefits after issuance.
				These are benefits from electronic benefits transfer (EBT) accounts.
1) Prior to collection from active accounts,
				written permission will be obtained from the household, or oral permission will
				be obtained for a one time only reduction. If oral permission is used, a
				receipt will be sent to the household within 10 days.
2) Prior to collection from stale accounts, a
				written notice will be sent telling the household that the benefits will be
				used to reduce existing overpayment claims if they do not respond within 10
				days.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 165 - COLLECTIONS AND RECOVERIES › Subpart A - GENERAL OVERPAYMENT PROVISIONS › Section 165.50 - Suspension and Termination of Food Stamp Claims

Current through Register Vol. 48, No. 28, July 12, 2024
a) If collection action has been initiated
				and at least one demand letter has been sent, the Department may suspend a
				claim if:
1) The household cannot be located,
				or
2) The cost of further
				collection action is likely to exceed the amount that can be recovered,
				or
3) The household has initiated
				bankruptcy proceedings, or
4) The
				claim is determined to be invalid, or
5) The claim balance is $25 or less and has
				been delinquent for 90 days or more, unless the total of all claims is more
				than $25, or
6) All adult household
				members are deceased.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 165 - COLLECTIONS AND RECOVERIES › Subpart B - COLLECTION OF FINANCIAL ASSISTANCE OVERPAYMENTS FROM CURRENT CASES › Section 165.70 - Recoupment of Overpayments from Current Temporary Assistance for Needy Families (TANF) and Aid to the Aged, Blind or Disabled (AABD) Cases

Current through Register Vol. 48, No. 28, July 12, 2024
a) When the
				Department determines that a TANF or AABD assistance unit has received
				assistance to which it is not entitled, the Department shall recoup the
				overpayment from:
1) the current assistance
				grant;
2) the assistance grant case
				that now contains the former grantee of the overpaid assistance case;
				or
3) the assistance grant case
				that now contains any adult member of the overpaid assistance case.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 165 - COLLECTIONS AND RECOVERIES › Subpart C - COLLECTION OF FOOD STAMP OVERPAYMENTS FROM CURRENTLY PARTICIPATING HOUSEHOLDS › Section 165.80 - Initiating Collection from Currently Participating Households

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				initiates the collection of all claims by sending a written demand letter to
				the household pursuant to the requirements of
				7 CFR
				273.18(d)(3) (2001 with no
				later editions).
b) Collection
				action is taken on all claims except when collection of an intentional program
				violation claim will prejudice a case referred for prosecution.
c) Collection action may be taken against all
				adult household members simultaneously.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 165 - COLLECTIONS AND RECOVERIES › Subpart C - COLLECTION OF FOOD STAMP OVERPAYMENTS FROM CURRENTLY PARTICIPATING HOUSEHOLDS › Section 165.82 - Methods of Food Stamp Claim Repayment

Current through Register Vol. 48, No. 28, July 12, 2024
a) A household may repay a claim for
				intentional program violation, inadvertent household error, and administrative
				error in full (by cash payment or transfer of electronic benefits) or the
				monthly benefit amount will be reduced to repay the claim.
b) The Department may intercept any irregular
				and/or unexpected State payments.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 165 - COLLECTIONS AND RECOVERIES › Subpart C - COLLECTION OF FOOD STAMP OVERPAYMENTS FROM CURRENTLY PARTICIPATING HOUSEHOLDS › Section 165.84 - Determination of Monthly Benefit Reduction Amount

Current through Register Vol. 48, No. 28, July 12, 2024
a) For an intentional program violation
				claim, the reduction amount is the greater of either 20 percent of the
				household's monthly benefit amount or $20.
b) For an inadvertent household error or an
				administrative error claim, the reduction amount is the greater of either 10
				percent of the household's monthly benefit amount or $10.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 165 - COLLECTIONS AND RECOVERIES › Subpart C - COLLECTION OF FOOD STAMP OVERPAYMENTS FROM CURRENTLY PARTICIPATING HOUSEHOLDS › Section 165.86 - Failure to Respond to Initial Demand Letter

Current through Register Vol. 48, No. 28, July 12, 2024
If a currently participating household fails to respond
				  within ten days after the date of mailing of an initial demand letter for
				  repayment of an intentional program violation, an inadvertent household error
				  or an administrative error claim, the Department shall reduce the household's
				  monthly benefit amount without further notice.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 165 - COLLECTIONS AND RECOVERIES › Subpart D - COLLECTION OF OVERPAYMENTS FROM NON-RECIPIENTS › Section 165.100 - Collection of Overpayments from Persons Not Receiving Financial Assistance or Food Stamps

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall collect from persons who were overpaid
				  financial assistance, Food Stamps, or both, but who now do not receive the type
				  or types of assistance in which they were overpaid, under this Subpart D of
				  Part 165. These persons are described in this Subpart D as
				  "debtors".
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 165 - COLLECTIONS AND RECOVERIES › Subpart D - COLLECTION OF OVERPAYMENTS FROM NON-RECIPIENTS › Section 165.102 - Demand for Repayment

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall inform a debtor in writing that it
				  demands repayment of the overpaid amount. The written demand shall specify the
				  total amount of the overpayment, the method of calculating the overpayment, the
				  month or months in which the overpayment occurred, a description of the nature
				  of the overpayment and the options for method of repayment of the total. The
				  written demand shall also notify the debtor of the right to appeal and receive
				  a hearing in accordance with 89 Ill. Adm. Code
				  104.1 and
				  provide information on the availability of free legal services. The Department
				  shall send the debtor monthly statements indicating the overpayment balance and
				  the monthly installment amount due, and shall continue sending monthly
				  statements until the total amount is fully repaid or the Department takes any
				  of the actions described in Section
				  165.104.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 165 - COLLECTIONS AND RECOVERIES › Subpart D - COLLECTION OF OVERPAYMENTS FROM NON-RECIPIENTS › Section 165.104 - Methods of Involuntary Repayment

Current through Register Vol. 48, No. 28, July 12, 2024
If the debtor has failed for 90 days to make regular
				  installment payments to retire the overpayment according to the repayment
				  schedule and a balance due is outstanding, the Department may take any or all
				  of the following actions to collect the overpayment:
a) Initiation of wage garnishment
				proceedings, if the overpayment was established by a civil judgment and the
				Department determines that the debtor is employed.
b) Referral of the overpayment to a private
				collection agency for collection.
c) Referral of the overpayment to the
				Comptroller of the State of Illinois for collection under Section
				10.05 of the State
				Comptroller Act [15 ILCS 405/10.5 ].
d) Initiation of proceedings to obtain a
				civil judgment under Section 8A-7 of the Illinois Public Aid Code
				[305 ILCS 5/8A-7
				].
e) Referral of the overpayment
				to the Treasury Offset Program for deduction of the debt from tax refunds
				and/or other federal warrants in accordance with federal regulations (see 7 CFR
				272 - 273 ).
f) Referral of
				delinquent debt to the Department of Revenue Debt Collection Bureau for
				collection of debt using all legal authority available to the Department of
				Revenue to collect debt in accordance with Section 10 of the Illinois State
				Collection Act of 1986 [30
				ILCS 210/10 ].
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 165 - COLLECTIONS AND RECOVERIES › Subpart D - COLLECTION OF OVERPAYMENTS FROM NON-RECIPIENTS › Section 165.106 - Effect of Return to Active Assistance Status

Current through Register Vol. 48, No. 28, July 12, 2024
If a debtor, while still owing an overpayment balance due to
				  the Department, returns to active status as a financial assistance recipient or
				  food stamp beneficiary, the Department shall immediately cease any action under
				  Section
				  165.104
				  to collect that portion of the overpayment that is related to the type of
				  assistance being received and shall initiate collection actions under Subpart B
				  or C, as the case may be, of this Part. The Department shall not take further
				  action under Section
				  165.104
				  until such time as the person is no longer receiving that type of assistance,
				  except for households receiving food stamp benefits. The Department may refer
				  food stamp debts to the Comptroller as per Section
				  165.104(c)
				  to withhold irregular or unexpected state payments, such as, but not limited
				  to, income tax refunds or lottery winnings.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 220 - GENERAL PROGRAMMATIC REQUIREMENTS › Section 220.100 - Confidentiality and Disclosure of Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) No information concerning an older person
			 or obtained from an older person by the Department, area agency on aging, or a
			 provider of services under this rule shall be disclosed by the Department, area
			 agency on aging or provider of services in any form that will identify the
			 particular older person without the informed consent of the older person or his
			 or her legal representative unless the disclosure is required by court order,
			 45 CFR
			 74.24(1984) or for other
			 program monitoring by authorized Federal or State monitoring
			 agencies.
b) Lists of older persons
			 compiled in relation to the provision of Information and Referral services
			 funded under this rule shall be used solely for the purpose of providing
			 services, and only with the informed consent of each individual on such
			 list.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 220 - GENERAL PROGRAMMATIC REQUIREMENTS › Section 220.200 - Client Cooperation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Clients
			 must cooperate:
1) In the determination of
			 eligibility;
2) With Department
			 programs (quality control and compliance audits) conducted for the purpose of
			 acquisition or verification of information upon which eligibility or level of
			 care may depend;
3) In applying for
			 all benefits which support the cost of in-home care for which they may qualify
			 and to avail themselves of such benefits at the earliest possible
			 date.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 220 - GENERAL PROGRAMMATIC REQUIREMENTS › Section 220.300 - Referral Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The client shall have the right to receive information about
				programs and services of the Illinois Department on Aging or the area agency on
				aging. The client also shall have the right to be referred to other service
				agencies and/or departments (public and private) for appropriate programs and
				services. If the client is an applicant for or recipient of Community Care
				services under Title XX of the Social Security Act ( 45 CFR 204 ) or a
				recipient of in-home health care under Title III of the Older Americans Act (
				45 CFR 1321 ), the client has the responsibility to accept a referral to a
				source of potential medical or service assistance.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 220 - GENERAL PROGRAMMATIC REQUIREMENTS › Section 220.400 - Other Resources Supporting the Cost of In-Home Care Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
			 may require individuals to apply for or obtain available benefits or resources
			 which would support the costs of in-home care services. Where such benefits or
			 resources would be available upon payment of a fee, the Department may elect to
			 pay such fees so long as the costs of the fee to the Department would be less
			 than the cost of the associated benefits the individual would derive.
b) Other available benefits or resources may
			 include but are not limited to:
1) Voluntary
			 or in-kind services
2) Insurance
			 programs
3) Services funded under
			 Title XVIII of the Social Security Act ( 42 CFR 405 )
4) Local programs not under direct
			 programmatic responsibility of the State of Illinois
5) Services funded under Title XIX of the
			 Social Security Act ( 42 CFR 440 ).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 220 - GENERAL PROGRAMMATIC REQUIREMENTS › Section 220.600 - Case Coordination Unit Minimum Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) To be designated as a Case Coordination
			 Unit (CCU) for a specific geographic area, as identified by the Area Agency on
			 Aging (AAA) in a specified planning and service area, an agency shall enter
			 into a contract or grant with the AAA to provide Title III (Older Americans Act
			 (
			 42 USC
			 3001 )) case management services pursuant to
			 89 Ill. Adm. Code 230 (Subpart G) and with the Department to provide Community
			 Care Program (CCP) case management services pursuant to 89 Ill. Adm. Code
			 240.260
			 and
			 240.1400 et seq.
1) The agency shall be a free-standing,
			 single purpose agency, or shall be part of a multi-purpose agency. A
			 multi-purpose agency shall have a separate, clearly definable organizational
			 unit functioning as the CCU.
A) An AAA shall
			 not be designated a CCU except in an emergency situation as specified in
			 Section
			 220.655(e).
B) A CCP provider may not serve as a CCU in
			 the same contract service area except in temporary situations as specified in
			 89 Ill. Adm. Code
			 240.1400(f).
C) No organization having any other conflict
			 of interest in the performance of case management service activities shall
			 serve as a CCU. Conflict of interest means any entity or individual uses an
			 official position for private gain (other than salary), gives preferential
			 treatment to any entity or individual in the conduct of official duties because
			 of personal interest, impedes or adversely affects governmental efficiency or
			 economy because of personal interest, fails to act impartially in the conduct
			 of official duties because of personal interest, or engages in conduct that
			 could adversely affect the confidence of the public in the integrity of the
			 Department on Aging and its programs. The term also means that the
			 circumstances are such that the Department might reasonably conclude that an
			 entity's or individual's judgment could be influenced by the nature of the
			 circumstances.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 220 - GENERAL PROGRAMMATIC REQUIREMENTS › Section 220.605 - Case Management Staff Requirements and Qualifications

Current through Register Vol. 48, No. 28, July 12, 2024
The agency shall have sufficient staff to perform all
				activities and to fulfill all responsibilities outlined in 89 Ill. Adm. Code
				230.Subpart G and 89 Ill. Adm. Code 240.Subpart N for which a contract/grant is
				in effect.
a) Case Management
			 Supervisor
1) Case management supervisor
			 activities shall include:
A) consultation on
			 case management activities as needed to provide proper supervision;
B) documented provision of training on
			 Illinois Department on Aging and Area Agency on Aging policies, procedures and
			 case management techniques, including those specified in 89 Ill. Adm. Code
			 240.1440;
			 and
C) annual written performance
			 evaluation of case managers for whom they serve as supervisor.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 220 - GENERAL PROGRAMMATIC REQUIREMENTS › Section 220.610 - Case Coordination Unit Procurement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Although the Department is not required to
			 competitively bid purchase of care, which includes case management services, in
			 order to maximize competition in procurement, case management services shall be
			 procured through use of the Request for Proposal (RFP) process whenever
			 possible.
1) The RFP process is a form of
			 invitation to bid which the Department and the AAA shall use to obtain case
			 management services to be provided by a Case Coordination Unit (CCU).
2) The RFP documents shall determine
			 applicant interest in providing case management services in the opened
			 geographic areas, explain the purpose for submittal of a proposal, outline the
			 scope of the work, and solicit proposals from agencies for the funding of case
			 management services to be provided by CCUs for the Department's Community Care
			 Program and for the AAA.
3) If
			 current case management service providers are in good standing and are the only
			 respondents to the RFP process, the current case management service providers
			 may submit noncompetitive renewal proposals, in order to retain current
			 contractual service areas.
4) Good
			 standing is defined as no imposition of contract action, as outlined in Section
			 240.1665,
			 within two years from the date the selected geographic area is opened. Areas
			 served by case management service providers who are not in good standing shall
			 be opened for competitive procurement.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 220 - GENERAL PROGRAMMATIC REQUIREMENTS › Section 220.630 - Content of Case Coordination Unit Request For Proposal Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) A standard CCU
			 Proposal, with instructions, and Guidelines shall be utilized by a AAA
			 conducting a solicitation, or by the Department in the event that a particular
			 AAA is unwilling or unable to conduct the procurement. Prior to the beginning
			 of the procurement cycle, the standard CCU Proposal and Guidelines shall be
			 developed jointly by the Department and AAAs, and shall be utilized by all
			 AAAs.
b) The CCU Request for
			 Proposal package shall include:
1) Proposal,
			 which shall consist of the questions and required attachments to be completed
			 by the applicant and returned to the AAA or the Department, as appropriate, for
			 consideration and scoring. Proposal criteria shall include:
A) Experience in service provision,
			 and
B) Commitments to meet or
			 exceed Community Care Program and/or Title III minimum service requirements
			 for:
i) Program management
ii) Service delivery
iii) Client issues
iv) Staffing, and
v) Training.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 220 - GENERAL PROGRAMMATIC REQUIREMENTS › Section 220.635 - Review of Case Coordination Unit Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a) In order to determine if an applicant
			 shall be recommended for designation, the AAA and the Department shall
			 separately review and evaluate the complete CCU proposal in accordance with
			 Department review procedures.
1) All
			 proposals shall be considered as submitted and may not be amended, corrected or
			 revised except when determined appropriate by the AAA or the
			 Department.
2) A proposal which
			 does not respond to all requirements in the CCU Proposal and Guidelines shall
			 be deemed incomplete and shall not be considered by the Department or
			 AAA.
3) A proposal which fails to
			 meet minimum requirements contained in 89 Ill. Adm. Code 220, 230 and/or 240
			 shall be rejected.
4) The Director
			 of the Department reserves the right to reject any informality of a proposal
			 when, in the Director's opinion, the best interests of the State will be served
			 by such action.
5) Review of the
			 CCU proposal shall identity the final score of each proposal.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 220 - GENERAL PROGRAMMATIC REQUIREMENTS › Section 220.640 - Recommendations for Case Coordination Unit Designation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The AAA shall make recommendation(s) for
			 designation to the Department.
b)
			 If the Department agrees with the AAA recommendation(s), a joint recommendation
			 for designation shall be made to the Director.
c) In the event the Department and AAA
			 recommendations are not in agreement, the Department will meet with the AAA to
			 discuss the differences and attempt to reach a joint recommendation.
1) If a joint recommendation is reached, the
			 recommendation will be forwarded to the Director.
2) If a joint recommendation is not reached,
			 the differences will be forwarded to the Director for a final designation
			 decision. If a joint recommendation is not reached after the Department and the
			 AAA meet, the Director will be provided with the review of the recommendation
			 rationale of both the AAA and the Department. The Director will, on the basis
			 of this review, render a final designation decision. Following the Director's
			 decision, designation will be made pursuant to Section
			 220.645
			 of this Part.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 220 - GENERAL PROGRAMMATIC REQUIREMENTS › Section 220.645 - Designation of Case Coordination Units and Award of Contracts/Grants

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Director of
			 the Department shall represent and act for the State in all matters pertaining
			 to the Request for Proposal (RFP) process and to contracts awarded as a result
			 of that process. The Director shall receive the recommendations from the AAA
			 and the Department and has the ultimate decisionmaking authority for
			 designation of CCUs and award of Department contracts.
b) When a CCU designation is made:
1) the Department and AAA shall notify each
			 applicant, in writing, of the success or failure of the applicant to be jointly
			 designated as a CCU in accordance with Department procedures; and
2) after resolution of any objections to the
			 designation decisions (refer to Section
			 220.650
			 of this Part), all agencies jointly designated as CCUs shall be offered a
			 contract from the Department and a contract or grant, as appropriate, from the
			 AAA. The successful proposal shall be an integral part of the contract/grant
			 awarded.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 220 - GENERAL PROGRAMMATIC REQUIREMENTS › Section 220.650 - Objection to Case Coordination Unit Designation Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon receipt of the written notification
			 of designation decision, the applicant may object to the decision. The
			 Department shall provide information on the objection process with the written
			 notification.
1) An objection regarding a
			 designation decision must be in writing and received by the Director at the
			 Department's Springfield office within ten calendar days from the date of the
			 objecting agency's receipt of the designation decision.
2) Upon receipt of an objection, the
			 Department shall immediately notify the applicable AAA. The objection will be
			 processed in accordance with Department procedures and a recommendation will be
			 forwarded to the Director.
3) If
			 the objection is not received in the time specified, the objection will be
			 denied and the award will be made based upon the Director's original
			 designation decision.
4) The
			 Department may request additional details from the objecting agency and from
			 the AAA at any time. Failure of the objecting agency to supply information
			 requested by the Department will be cause for dismissal of the
			 objection.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 220 - GENERAL PROGRAMMATIC REQUIREMENTS › Section 220.655 - Replacement of a Case Coordination Unit

Current through Register Vol. 48, No. 28, July 12, 2024
a) A contract between the Department and a
			 CCU or a contract/grant between the AAA and the CCU may be terminated prior to
			 the regular procurement cycle due to:
1) the
			 CCU exercising its termination rights as specified in the contract/grant,
			 or
2) the CCU failing to perform in
			 accordance with applicable provisions of 89 Ill. Adm. Code 220, 230 and/or 240,
			 or other provisions of either the Department or AAA contract/grant.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 220 - GENERAL PROGRAMMATIC REQUIREMENTS › Section 220.660 - Performance Reviews of Case Coordination Units

Current through Register Vol. 48, No. 28, July 12, 2024
a) Determination of the extent of CCU
			 adherence to the agency's proposal/contract/grant and any applicable amendments
			 shall be made by the Department and the AAA through separate review
			 processes.
b) The reviews conducted
			 by the AAA shall not duplicate, in content, the reviews conducted by the
			 Department.
c) The AAA's review
			 instrument shall address requirements as contained in the contract/grant with
			 each CCU and in the applicable provisions of this Part and 89 Ill. Adm. Code
			 230, including, at a minimum, staffing requirements and qualifications, and
			 adherence to the minimum standards contained in Section
			 220.600
			 of this Part.
d) The Department's
			 review instrument shall address requirements as contained in the contract with
			 each CCU and in the applicable provisions of this Part and 89 Ill. Adm. Code
			 240.
e) The Department and AAA
			 shall have the authority to conduct a review of a CCU agency at any time during
			 the course of the CCU's contract or grant period, as appropriate, for the
			 purpose of protecting the health, safety and welfare of the clients and
			 ensuring CCU adherence to Department rules, and Department and AAA policies and
			 procedures. The Department or the AAA shall notify the other party of any
			 violations which could lead to contract sanctions or termination.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 220 - GENERAL PROGRAMMATIC REQUIREMENTS › Section 220.670 - Sanctions for Case Coordination Unit Failure to Comply with Case Management Contract/Grant

Current through Register Vol. 48, No. 28, July 12, 2024
Department or AAA sanctions which may be imposed upon any CCU
				failing to comply with applicable Federal, State and local laws or regulations,
				AAA standards and requirements and Department rules and/or other contract
				requirements (which include the statements contained in the CCU's Proposal)
				include:
a) suspension of some or all
			 payments;,
b) mandatory training or
			 technical assistance;
c) requiring
			 a limited financial audit;
d)
			 suspension (AAA action only);
e)
			 prohibition of specified staff from serving CCP and/or Title III
			 clients;
f) refusing to accept a
			 proposal from a provider in one or more areas opened for procurement;
g) termination of contract/grant;
			 and/or
h) taking any other action
			 which the Director or AAA determines to be appropriate to the non-compliance
			 circumstances.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 220 - GENERAL PROGRAMMATIC REQUIREMENTS › Section 220.675 - Sanction Notification and Case Coordination Unit Right to Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
			 shall provide prior notification to the applicable AAA, or the AAA shall
			 provide prior notification to the Department, of any sanctions being taken
			 against a CCU.
b) The CCU shall be
			 advised by the Department or AAA, as appropriate, (with a copy provided to the
			 other) of any sanction(s) being taken. Notification to the CCU shall be sent
			 registered mail, return receipt requested.
c) If the CCU receives notification of
			 termination of contract/grant, the CCU may appeal the action and request that
			 the Department review of the appeal be conducted either face-to-face or through
			 a paperwork review of the relevant documentation.
d) If the CCU receives notification of any
			 sanction other than termination, the CCU may appeal the action and request that
			 the Department review of the appeal be conducted through a paperwork review of
			 the relevant documentation.
e) All
			 appeal requests must be made in accordance with Department appeal procedures
			 which shall be included with the sanction notification.
f) The Director shall review the recommended
			 written report of the appeal and the recommendation and make a final
			 administrative decision to either sustain the appeal of the CCU and reinstate
			 the CCU contract/grant or uphold the action of the Department and AAA to
			 terminate the contract/grant.
1) Written
			 notification of the final administrative decision shall be provided to the CCU
			 by registered mail, return receipt requested, with a copy provided to the
			 appropriate AAA.
2) The decision of
			 the Director is final.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart A - STATE AGENCY › Section 230.10 - Designation and Function

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Illinois Department on Aging is the designated single State Agency for the
				purpose of:
1) Developing and administering
				the State plan;
2) Having primary
				responsibility for the coordination of all activities in the State relating to
				the purposes of the Act;
3) Serving
				as the effective and visible advocate of all older persons in the State;
				and
4) Assisting area agencies on
				aging in the development of comprehensive and coordinated service delivery
				systems throughout the State.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart A - STATE AGENCY › Section 230.20 - Administration

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of administering the programs specified in
				  this Part, the Department shall meet the following administrative
				  requirements:
a) Administrative
				Policies
1) The Department shall have and
				follow written policies to carry out its functions specified in Section
				230.10
				of this Part.
2) Such policies
				shall be developed and promulgated in accordance with the provisions of the
				Illinois Administrative Procedures Act, as amended (Ill. Rev. Stat. 1981, ch.
				127, par. 1001-1 et seq.).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart A - STATE AGENCY › Section 230.30 - State Plan

Current through Register Vol. 48, No. 28, July 12, 2024
In accordance with ( 45 CFR 1321 ), Grants for States and
				  Community Programs on Aging, Subpart C, the Department shall develop a State
				  plan for administering programs specified in this Part.
a) State Plan Requirements
The Department shall develop a State plan which shall be in
				  effect for a three year period specified by the Commissioner of the
				  Administration on Aging of the United States Department of Health and Human
				  Services (USDHHS).
1) The State plan
				shall be based on area plans developed in accordance with Subpart B, Section
				230.130 of this
				Part.
2) The State plan shall
				provide that the area agency and area plan requirements are met for:
A) area agency designation, and
B) development and submission to the
				Department of an area plan.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart A - STATE AGENCY › Section 230.40 - State Agency Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall meet the following requirements:
a) Advocacy (Section
				230.41 );
b) Long-Term Care Ombudsman Program (Section
				230.42
				);
c) Service Delivery Systems
				Responsibilities (Section
				230.43
				);
d) State Advisory Council
				(Section
				230.44
				);
e) Hearings (Section
				230.45
				); and,
f) Designation of Planning
				and Service Areas (Section
				230.46 ).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart A - STATE AGENCY › Section 230.41 - Advocacy

Current through Register Vol. 48, No. 28, July 12, 2024
In relation to the stated function of serving as the
				  effective and visible advocate of all older persons in the State, the
				  Department shall:
a) Review and
				comment on all State plans, budgets, and policies which affect older
				persons.
b) Conduct public hearings
				on the needs of older persons.
c)
				Coordinate the Statewide planning and development activities related to the
				purpose of the Act.
d) Assure that
				each area agency on aging has in place and adheres to effective procedures to
				coordinate all programs related to the purposes of the Act within the planning
				and service area for which they have responsibility.
e) Represent the interests of older persons
				before legislative, executive, and regulatory bodies throughout the
				State.
f) Provide technical
				assistance to agencies, organizations, associations, or individuals
				representing older persons.
g)
				Establish and operate a long-term care ombudsman program pursuant to subsection
				(b) of this Section.
h) Review and
				comment, upon request, on applications to State and Federal agencies for
				assistance relating to meeting the needs of older persons.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart A - STATE AGENCY › Section 230.43 - Service Delivery Systems Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) In relation to service delivery systems,
				the Department shall:
1) Develop and
				administer the State Plan;
2)
				Divide the State into planning and service areas;
3) Designate area agencies in those planning
				and service areas for which the Department decides to have an area plan
				developed;
4) Approve and monitor
				the administration of the area plans;
5) Provide adequate and effective
				opportunities for older persons to express their views to the Department on
				policy development and program implementation under the plan;
6) Give preference to older persons with the
				greatest economic or social need in the delivery of services under the State
				plan;
7) Develop an intrastate
				funding formula;
8) Evaluate the
				need for social and nutritional services in the State, and determine the extent
				to which other public and private programs meet the needs;
9) Conduct periodic evaluation of activities
				and projects carried out under the State Plan, including at least annual
				on-site performance evaluations of each area agency;
10) Develop and distribute a uniform plan
				format and guidance for area plans;
11) Provide technical assistance to area
				agencies;
12) Establish an advisory
				council on aging;
13) Coordinate
				legal services for older persons in the State, give technical assistance,
				advice, and training in the provision of legal services to older persons, and
				make reasonable efforts to maintain existing levels of those
				services;
14) Enter into an
				agreement with the United States Department of Agriculture (U.S.D.A.) State
				Distributing Agency;
15) Provide
				administrative and hearing procedures;
16) Ensure that all older persons in the
				State have reasonably convenient access to information and referral services;
				and
17) Maintain a directory of
				community focal points in the State.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart A - STATE AGENCY › Section 230.44 - State Advisory Council

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pursuant to
				the requirements of
				45 CFR
				1321.47 and paragraph 6107 of the Act, there
				is created and established a State Council on Aging for the purpose of advising
				and assisting the Department in carrying out those functions specified in
				Section
				230.10
				of this Part.
b) More than 50
				percent of those individuals serving on the State Council on Aging shall be at
				least 60 years old and include:
1) Persons
				with greatest economic or social need, and
2) Participants in programs administered by
				this Part.