reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 106 - SERVICES CHARGES › Section 106.15 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Allowable reserve." An amount set by the Department in
				accordance with Section
				106.45(g)
				which is exempt from services charges.
"Annual income." Adjusted gross income as defined by Section
				2-203 of the Illinois Income Tax Act [35
				ILCS 5/203 ].
"Average per capita cost." Amount calculated for the daily
				average per capita cost of operation of all Department facilities for the
				fiscal year immediately preceding the period of State care for which the rate
				is being calculated [405 ILCS 5/5-106 ].
"Board of Reimbursement Appeals." Board appointed by the
				Governor consisting of 3 persons whose duties are to review decisions of the
				Department under Sections 5-105 through 5-115 of the Mental Health and
				Developmental Disabilities Code [405 ILCS 5/5-105 through 5 -115].
"Department." The Department of Human Services.
"Estate of recipient." All income and assets, including real
				property.
"Ill-1, Financial Questionnaire." A designation assigned to a
				set of schedules developed for the purpose of collecting financial data on
				recipients of services and their statutorily responsible relations.
"Legal dependents." Those persons dependent upon the recipient
				for more than one-half of their support and shown as dependent on the
				recipient's U.S. Individual Income Tax Return.
"Medical costs." Services for the diagnosis and treatment of
				conditions, other than the recipient's handicapping condition, which are
				provided by a hospital.
"Notice of determination." Notification sent to an individual
				when charges have been established for recipient services [405 ILCS
				5/5-111 ].
"Recipient of services" or "recipient." A person who has
				received or is receiving services partially or wholly supported by the
				Department [405 ILCS 5/1-123 ].
"Responsible relative." Spouse of a recipient or parent of a
				recipient under age 18 [405 ILCS 5/1-124 and 5 -105].
"Secretary." The Secretary of the Department of Human Services
				or his or her designee.
"Services." Services which are rendered and are partially or
				wholly supported by the Department.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 106 - SERVICES CHARGES › Section 106.25 - Charges for services

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 maximum charge for services to be assessed against a recipient, or the estate
			 of a recipient in a Department-operated facility, shall be 55% of the average
			 per capita cost commencing January 1, 1985; 65% of the average per capita cost
			 commencing January 1, 1986; 75% of the average per capita cost commencing
			 January 1, 1987; 85% of the average per capita cost commencing January 1, 1988;
			 95% of the average per capita cost commencing January 1, 1989; and 100% of the
			 average per capita cost commencing January 1, 1990 and each January 1
			 thereafter to be recalculated annually.
b) The standard authorized by Section 5-116
			 of the Mental Health and Developmental Disabilities Code [405
			 ILCS 5/5-116 ] by which the Department will set the
			 rate for responsible relatives to provide support will be based on a percentage
			 of annual income, considering the number of dependents. Section 106.Table A,
			 found at the end of this Part, is used for determining the support obligation
			 of a responsible relative.
c) The
			 maximum rate to be used when filing claims for benefits under Title XVIII of
			 the Social Security Act (Medicare) ( 42 U.S.C.A. 1395b - 1(1996) ), Title XIX
			 of the Social Security Act (Medicaid) ( 42 U.S.C.A. 1396a(1996) ) Veteran's
			 Administration benefits ( 38 U.S.C.A. 521, 541, 542(1996) ), Champus/Champva (
			 38 U.S.C.A. 601(1996) ) and active military, is not to exceed the rate set by
			 the Department of Public Aid, or as approved each year for the respective
			 program. Payments received from a benefit or federal insurance program shall be
			 credited on a dollar for dollar basis for each covered day up to the maximum
			 per capita cost for which the recipient has a liability or the contracted rate
			 established by the provider, whichever is less. Responsible relatives cannot be
			 assessed a charge during periods such coverage is received.
d) All payments received from private
			 hospitalization insurance shall be credited against the recipient's liability
			 on a dollar for dollar basis up to the prevailing maximum charge for recipients
			 as established in this Section.
e)
			 All payments on behalf of recipients from any source shall be credited against
			 Medicaid ( 42 U.S.C.A. 1396a(1996) ) billings if for the same period of
			 service.
f) If a spouse who is a
			 legal dependent of a recipient is designated as payee of the recipient's
			 benefits and is using such benefits as his/her income, charges shall be
			 established on the total combined income in accordance with the schedule in
			 Section 106.Table A as provided for in Section 5-116 of the Mental Health and
			 Developmental Disabilities Code [405 ILCS 5/5-116 ].
g) Voluntary payments in excess of required
			 amounts will be accepted from the recipient and from responsible relatives as
			 well as from persons not legally responsible.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 106 - SERVICES CHARGES › Section 106.35 - Liability for services charges

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 recipient of services in Department facilities and the estate of such recipient
			 has the primary liability for payment of sums representing charges for services
			 at the prevailing maximum rate as determined by the Department. If a recipient
			 is unable to pay such rate, or the estate of the recipient is insufficient for
			 payment, theresponsible relatives areseverallyliablefor payment of the balance
			 due according to the rates prescribed in Section 106.Table A of this Part. The
			 liability of each responsible relative for payment of services charges ceases
			 when payments on the basis of financial ability have been made for a total of
			 12 years. (Section 5-105 of the Mental Health and Developmental Disabilities
			 Code [405
			 ILCS 5/5-105 ])
b) The responsibility for liability for
			 services charges shall be established in the following order:
1) Recipient of services or the estate of the
			 recipient
A) The recipient of services or the
			 estate of the recipient has a liability as long as there are unpaid services
			 charges.
B) Income accruing from a
			 trust estate of a recipient shall be charged the same as other assets. If the
			 income from such trust is not sufficient to meet the maximum cost of services
			 to the recipient, the Department shall, in those cases where the trust
			 agreement specifically states that the principal, if needed, may be used,
			 establish charges against both the income and the corpus of the
			 trust.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 106 - SERVICES CHARGES › Section 106.65 - Allowances for unusual expenses and/or exceptional circumstances in determining ability to pay services charges

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
			 an examination or re-examination reveals unusual and/or exceptional
			 circumstances which indicate that the responsible relative's adjusted gross
			 income as reported on his/her most recent U.S. Individual Income Tax Return or
			 the recipient's income and assets as reported on schedules B and C of the
			 I11-I, Financial Questionnaire is not an adequate measure to determine ability
			 to pay services charges in accordance with Sections
			 106.25 and
			 106.45,
			 allowances for the unusual and/or exceptional circumstances listed below shall
			 be made in the application of the schedule of charges in Section 106.Table A of
			 this Part.
1) Unemployment;
2) Provable reduction in income;
3) Additional dependents;
4) Medical and related costs over the amounts
			 covered by insurance;
5) Unforeseen
			 catastrophic expenses.
6) Undue
			 hardship created by excessive increase in liability is limited to 100% prior
			 year assessment applicable only to those assessed prior to July 1,
			 1984.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 106 - SERVICES CHARGES › Section 106.85 - Computing monthly costs of recipient services charges

Current through Register Vol. 48, No. 28, July 12, 2024
The liability of recipients, the estates of recipients and that
				of responsible relatives for services charges in Department facilities shall be
				computed in the following manner:
a)
			 Monthly liability established against recipients of services is determined by
			 multiplying the per diem rate by the number of actual days of service received
			 by the recipient during the month.
b) Monthly liability established against
			 responsible relatives is determined by:
1) The
			 full month's assessed charge whenever the service recipient's stay at the
			 facility is continuous for the month, or
2) Multiplying the per diem equivalent by the
			 number of actual service days whenever the recipient's stay is less than the
			 full month.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 108 - EDUCATION AND TRAINING › Subpart A - STANDARDS FOR EDUCATION PROGRAMS › Section 108.20 - Educational standards for Department facilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall be responsible for
				providing appropriate and effective educational programs, at no cost to the
				recipient's parents, for all exceptional persons aged 3 to 21 who are admitted,
				committed or transferred into state-operated facilities in accordance with the
				Code.
b) Each facility shall
				provide a comprehensive program of special education for recipients who are
				aged 3 to 21 years old. A comprehensive program shall include:
1) Systematic procedures for identifying and
				evaluating the need for special education and intervention
				modalities.
2) A continuum of
				program options which incorporate appropriate instructional programs and
				resource programs.
3) Qualified
				personnel, who can provide:
A) Supervisory
				services;
B) Instructional
				programs;
C) Resource programs;
				and
D) Intervention
				modalities.
4)
				Appropriate and adequate facilities, equipment and materials.
5) Functional relationships with other public
				or private agencies necessary to provide comprehensive programming and avoid
				duplicity of services. For example, some not-for-profit organizations may loan
				a recipient some needed adaptive equipment; others may provide services which
				are not available to the Department.
6) Interaction with parents, and with other
				concerned persons, which facilitates the educational development of
				recipients.
7) Procedures for
				internal evaluation of the special education programs and services.
8) Continuous planning for program growth and
				development based on internal and external evaluation.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 108 - EDUCATION AND TRAINING › Subpart A - STANDARDS FOR EDUCATION PROGRAMS › Section 108.30 - The establishment and administration of special education

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each facility
				shall establish and maintain special education instructional and resource
				programs and intervention modalities, which meet the educational needs of
				recipients with the following exceptional characteristics, if such recipients
				are admitted to the facility:
1) Deficits in
				intellectual development and mental capacity;
2) Adaptive behavior which restricts
				effective functioning;
3) Deficits
				in the essential learning processes of perception, conceptualization, memory,
				attention, or motor control;
4)
				Auditory, visual, physical, or health impairment; or
5) Speech or language impairment.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 108 - EDUCATION AND TRAINING › Subpart A - STANDARDS FOR EDUCATION PROGRAMS › Section 108.40 - School schedule and staff requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each facility shall operate its special
				education program five days per week unless a regularly scheduled day falls on
				a legal holiday and shall ensure recipient attendance throughout the period of
				admission as specified in the educational component of the individual treatment
				or habilitation plan.
b) Each
				facility shall develop a school calendar specifying the days on which special
				education programs will operate; the calendar shall specify a minimum of at
				least 185 days.
c) Each facility
				shall provide or assure for each recipient a full program of five clock hours
				of group or individual instruction on days specified as school days, except as
				delineated in Section
				108.70.
d) In all facilities, all newly hired
				professional teachers and administrators shall be properly certified in
				accordance with Section 14-9.01 and Article 21 of the School Code
				[105
				ILCS 5/14-9.01 and Art. 21].
1) In all programs serving recipients who are
				mentally ill, proper certification may be construed to mean personnel certified
				as regular education personnel, where such are teamed with or regularly consult
				with certified special educators as needed in accordance with the recipient's
				individual treatment plan.
2) In
				all programs serving recipients who are developmentally disabled, proper
				certification in the most nearly appropriate special education areas shall be
				required.
3) All professional
				personnel, supervisors, and administrators who were employed to provide special
				education services for persons who are developmentally disabled at the
				facilities on or before July 1, 1983 shall be exempt from the requirements of
				this Section until July 1, 1988.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 108 - EDUCATION AND TRAINING › Subpart A - STANDARDS FOR EDUCATION PROGRAMS › Section 108.50 - Intervention modalities

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Treatment and habilitation intervention modalities which shall be provided by
				the facility are those activities required by the individual treatment or
				habilitation plan. They are in addition to the individual education plan and
				serve to facilitate the recipient's development. The activities include
				evaluation, therapeutic or consultation services. The intervention modalities
				to be provided are:
1) Speech and language
				services for all recipients with speech and/or language impairments which
				interfere with their educational or social development.
A) Speech and language services shall
				include, but not be limited to:
i) Screening
				and diagnosis of recipients;
ii)
				Planning and developing the clinical program;
iii) Therapy for recipients with impairments
				of oral language comprehension, production, or usage, including disorders of
				fluency, phonation, resonance, articulation and oral language
				formation;
iv) Parent
				counseling;
v) Referrals and
				follow-up; and
vi) Consultative and
				resource services to other personnel.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 108 - EDUCATION AND TRAINING › Subpart A - STANDARDS FOR EDUCATION PROGRAMS › Section 108.60 - Vocational program

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				vocational program consisting of organized instructional experiences, training,
				and resource programs shall be provided to recipients in accordance with their
				needs and as determined by the educational component of the individual
				treatment or habilitation plan.
b)
				Provision of a vocational program to individual recipients shall be determined
				at the treatment or habilitation multi-disciplinary conference, or at a
				subsequent conference convened for this specific purpose.
c) A vocational plan indicating specific
				vocational objectives, the training required, service personnel required, and
				the length of the proposed program shall be developed for each recipient
				determined to require a vocational program. This plan shall be developed in
				cooperation with the recipient and his or her parents, shall be adapted to the
				recipient's interests and aptitudes, and shall be incorporated into the
				educational component of the individual treatment or habilitation
				plan.
d) Community work experiences
				which are part of the recipient's vocational plan shall occur during the school
				day, unless this is precluded by the nature of the experience.
e) No recipient shall spend more than
				one-half of the established school day participating in community work
				experiences or in local rehabilitation facilities.
f) The recipient's primary special education
				teacher works with the vocational instructor responsible for all community work
				experiences which are provided by the facility as part of the vocational plan
				and for which the recipient receives educational credit.
g) Vocational programs serving recipients
				shall be coordinated with other vocational programs of the local school
				district, or other public, private, and state agencies or
				organizations.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 108 - EDUCATION AND TRAINING › Subpart A - STANDARDS FOR EDUCATION PROGRAMS › Section 108.70 - Medically-limited educational program

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The medically-limited educational program shall consist of appropriate special
				education services in accordance with the individual treatment or habilitation
				plan which are provided by the facility to a recipient who is unable, due to
				either a mental or physical medical condition, to participate in a full special
				education program.
b) The
				medically-limited educational program shall be provided to any recipient who
				has a health, physical or psychiatric impairment which, in the opinion of a
				physician, will cause an absence from his or her regularly prescribed
				educational program for more than two consecutive weeks.
c) Medically-limited educational services
				shall begin as soon as eligibility has been established and the recipient's
				physical and mental health permit.
d) The amount of instructional service time
				provided shall be determined in relation to each recipient's educational needs,
				as well as physical and mental health.
1) A
				recipient who requires a medically-limited educational program on a temporary
				basis shall be provided with instructional services sufficient to enable the
				recipient to return to the regular program with a minimum of difficulty.
				Instructional time shall not be less than five hours per week, unless the
				physician orders a more restricted program.
2) A recipient who requires the
				medically-limited educational program for an extended time shall be provided
				with instructional services sufficient to appropriately advance his or her
				basic educational development, as determined by the multi-disciplinary team
				every 30 days.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 108 - EDUCATION AND TRAINING › Subpart A - STANDARDS FOR EDUCATION PROGRAMS › Section 108.90 - Identification, evaluation and education of recipients

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each facility shall develop and implement
				procedures for creating public awareness of the facility's programs and for
				advising the public of the rights of recipients.
1) All such procedures shall assure that
				information regarding programs and the rights of recipients is made available
				in the community in phrases which will be understandable to parents, regardless
				of ethnic or cultural background or hearing or visual abilities.
2) Procedures developed by the facility to
				create public awareness of programs, and for advising the public of the rights
				of recipients shall include, but not be limited to:
A) Annual notification to all parents of
				recipients regarding the special education programs and services available in
				or through the facility and of their right to receive, on request, a copy of
				this Part.
B) An annual
				dissemination of information to the community served by the facility regarding
				the program and services available in or through the facility and the rights of
				recipients.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 108 - EDUCATION AND TRAINING › Subpart B - IMPARTIAL DUE PROCESS HEARING › Section 108.100 - Request for hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) After
				informal procedures have been exhausted, and there remain differences between
				the facility and the parents or the recipient regarding the educational
				component and intervention modalities aspect of the individual treatment or
				habilitation plan, an impartial due process hearing may be requested.
b) Differences over issues regarding services
				other than special education and intervention modalities to the recipient are
				resolved according to provisions of the Code.
c) A hearing may be requested by the parents,
				the recipient or the facility regarding, but not limited to, the following:
1) Objections to signing consent for a
				proposed educational diagnosis or evaluation or initial educational
				placement;
2) Failure of the
				facility, upon request of the parents or the recipient, to provide an
				educational diagnosis or evaluation;
3) Failure of a facility to consider
				evaluations completed by a qualified professional outside the
				facility;
4) Objection to a
				proposed individual education component, either an initial plan, a continuation
				of a previous plan, or a major change in the recipient's program;
5) Termination of an individual education
				plan;
6) Failure of the facility to
				provide an individual education plan consistent with the findings of the
				educational diagnosis or evaluation and the recommendation of the staff (24
				day) conference;
7) Failure of the
				facility to provide or arrange for the least restrictive special education
				placement appropriate to the recipient's needs;
8) Provision of special education
				instructional or resource programs, in an amount insufficient to meet the
				recipient's needs;
9) An exclusion
				from educational services, except as provided by medical order, totaling
				individually or in aggregate 10 or more school days in a given school year of a
				recipient who has a special education instructional program or resource
				plan;
10) An exclusion from
				educational services, except as provided by medical order, totaling
				individually or in aggregate 10 or more school days in a given school year of a
				recipient who is eligible for a special education instructional program or
				resource service but who has not been placed in such a program or provided such
				a service;
11) Reasonable belief by
				the parents or the recipient, that the recipient's exclusion from educational
				services resulted from behavior or a condition symptomatic of an exceptional
				characteristic as defined herein;
12) Recommendation for the graduation of a
				recipient;
13) Failure of the
				facility to comply with this Part;
14) Failure of the facility to arrange for or
				provide a recipient with a free, appropriate public education.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 108 - EDUCATION AND TRAINING › Subpart B - IMPARTIAL DUE PROCESS HEARING › Section 108.110 - Hearing officers

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within
				five calendar days after receipt of the request from the facility, the
				Secretary shall provide a list of five prospective trained impartial hearing
				officers, one of whom shall be selected as the impartial hearing officer to
				conduct the local hearing. Criteria for the hearing officers are as follows:
1) Shall not be an employee of the
				Department, Illinois State Board of Education, the facility, any local school
				district, joint agreement or cooperative program with which the facility
				interacts, or any other agency or organization that is or has been directly
				involved in the diagnosis, education or care of the recipient.
2) Shall not be a resident of the school
				district in which the parent is a recipient or in which the facility is
				located.
3) Shall not be involved
				in the decisions already made about a recipient regarding identification,
				evaluation, or placement, and may not have a personal or professional interest
				which would conflict with his or her objectivity.
4) Shall possess knowledge, information
				acquired through training under the auspices of the Illinois State Board of
				Education and the Department about the nature and needs of the type of
				recipient. An awareness and understanding of the types and quality of programs
				available for the type of recipient is essential.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 108 - EDUCATION AND TRAINING › Subpart B - IMPARTIAL DUE PROCESS HEARING › Section 108.130 - Appeal process

Current through Register Vol. 48, No. 28, July 12, 2024
a) Either
				party aggrieved by the decision of the impartial hearing officer may appeal
				that decision to the State Superintendent of Education. The request for appeal
				shall be submitted in writing to the State Superintendent of Education and
				shall include a statement of the specific reasons upon which the appeal is
				predicated. It shall be postmarked within 15 days after the receipt of the
				hearing officer's decision. A copy of the request for an appeal shall be sent
				also to the other party to the hearing and the Secretary. Upon initiating a
				request for appeal, or upon receipt of notice of a parental request for appeal,
				the facility shall immediately undertake the preparation and compilation of
				transcripts and documents for submission to the Superintendent of the Illinois
				State Board of Education for review.
1) If a
				tape recorder was used to record the hearing procedures, then the facility
				shall make a verbatim typewritten transcript within 15 days which shall be
				reviewed by the parents within 10 days after receipt of the transcript.
				Inaccuracies shall be recorded and the transcript signed by the parents and the
				facility director.
2) The
				typewritten transcript and tape recording of the hearing shall be subject to
				the Act.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 108 - EDUCATION AND TRAINING › Subpart C - EVALUATION OF SPECIAL EDUCATION › Section 108.140 - Determination of fulfillment of special education responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) The extent to
				which the facility is fulfilling its special education responsibilities to
				recipients shall be determined by the Illinois State Board of
				Education.
b) Official
				representatives of the Illinois State Board of Education shall be authorized to
				examine all documentation which would facilitate such determination.
				Examination of recipient records can be conducted only pursuant to the
				provisions of the Act.
c)
				Evaluation by the Illinois State Board of Education shall focus on the
				facility's provision of special education services, according to this Part, 23
				Ill. Adm. Code 226, P.L. 94-142 (the Education for the Handicapped Act, 20
				U.S.C.A. 1400 et seq., 1981), and on community resources used by the facility
				for special education services.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 108 - EDUCATION AND TRAINING › Subpart C - EVALUATION OF SPECIAL EDUCATION › Section 108.150 - Bases for evaluation of special education programs and services

Current through Register Vol. 48, No. 28, July 12, 2024
a) The facility
				shall develop a special education services comprehensive plan which shall
				describe its provision of special education services, its plan for program
				involvement, and those factors unique to the facility which are considered in
				the evaluation. This plan shall be filed with the Illinois State Board of
				Education and revised at least tri-annually.
b) The facility shall develop and implement
				procedures which continuously assess the extent to which recipients are being
				adequately served and the effectiveness of each special education program and
				service.
c) A team representing the
				Illinois State Board of Education shall assess recognition criteria for special
				education through an indepth study conducted on site.
d) Records must be maintained to demonstrate
				compliance with assurances agreed to in the applications for state and federal
				funds. Staff of the State Board of Education will monitor these
				records.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 108 - EDUCATION AND TRAINING › Subpart C - EVALUATION OF SPECIAL EDUCATION › Section 108.160 - Written reports

Current through Register Vol. 48, No. 28, July 12, 2024
Written reports of the results of the evaluation conducted by
				  the Illinois State Board of Education and any subsequent recommendations or
				  actions shall be provided to the facility director and the responsible
				  Department associate director. Reports of the evaluation shall be considered in
				  the public domain.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 108 - EDUCATION AND TRAINING › Subpart D - DEVELOPMENTAL DISABILITIES AIDE TRAINING PROGRAMS › Section 108.200 - Application review

Current through Register Vol. 48, No. 28, July 12, 2024
a) A program
				sponsor, as defined in 77 Ill. Adm. Code
				395.100, shall
				submit to the Department of Public Health its application, including its
				proposed training program, for initial approval and annual renewal in
				accordance with 77 Ill. Adm. Code
				395.110 and
				77 Ill. Adm. Code
				395.130.
b) When the proposed program involves
				developmental disabilities aide training, the Department shall evaluate the new
				program and shall re-evaluate such programs annually thereafter and make its
				recommendations to the Department of Public Health and the program sponsor. The
				Department must receive new proposed programs and annual program renewals 60
				days in advance of the training period. The Department shall complete its
				programs evaluations within 30 working days after their receipt.
c) The Department shall also evaluate
				proposed program changes, which it must receive 30 days in advance of program
				delivery. The Department shall give its recommendations regarding program
				changes to the Department of Public Health and the program sponsor 15 working
				days after their receipt.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 108 - EDUCATION AND TRAINING › Subpart D - DEVELOPMENTAL DISABILITIES AIDE TRAINING PROGRAMS › Section 108.210 - Review criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department shall evaluate developmental disabilities aide training programs
				using a check list (see Section 108.Appendix A of this Part), which contains
				the instructor qualifications and program requirements provided in 77 Ill. Adm.
				Code
				395.150(b),
				77 Ill. Adm. Code
				395.310 and
				77 Ill. Adm. Code
				395.160(c).
				The Department shall recommend that the training program either be approved,
				conditionally approved, or disapproved.
b) The Department shall recommend conditional
				approval when revisions are needed to remedy any minor program deficiencies
				which would not prevent the program from being implemented, such as
				deficiencies in the number of course hours, which can be corrected by
				submitting a revised schedule or outline. The program sponsor shall submit such
				revisions to the Department within 10 days after the Department has given its
				recommendation. The Department shall, within 30 working days after their
				receipt, recommend approval providing the program complies with the Ill. Adm.
				Code provisions in subsection (a) of this Section.
c) Hearings and appeals regarding the denial,
				suspension and revocation of program approval shall be conducted by the
				Department of Public Health in accordance with 77 Ill. Adm. Code
				395.190.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 108 - EDUCATION AND TRAINING › Subpart E - MISCELLANEOUS PROVISIONS › Section 108.300 - Providing staff consultation to school boards

Current through Register Vol. 48, No. 28, July 12, 2024
In accordance with Section 10-22.6 of the School Code
				  [105 ILCS
				  5/10-22.6], a school board may invite a representative
				  designated by the Department to consult with the board whenever there is
				  evidence that mental illness may be the cause of a student's expulsion or
				  suspension. Facility directors who receive such an invitation shall contact the
				  appropriate local community mental health agency in order to coordinate
				  arrangements for an agency representative to work with the school board on this
				  matter.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 108 - EDUCATION AND TRAINING › Subpart E - MISCELLANEOUS PROVISIONS › Appendix A - Developmental Aide Training Program Review Check List

Current through Register Vol. 48, No. 28, July 12, 2024
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Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 109 - INDIVIDUALS ACCESS TO SERVICES › Section 109.40 - Department Access to E-mails and Internet Communications

Current through Register Vol. 48, No. 28, July 12, 2024
a) Personal Information on Department
			 Computers - The privacy of materials kept in electronic data storage, internet
			 use, and electronic mail when using Department computers is not a right, nor is
			 it guaranteed. Most materials on Department systems are, by definition, public
			 records. As such, they are subject to laws and policies that may compel the
			 Department to disclose them.
b)
			 Monitoring of Computer Use - The facility director shall ensure e-mail and
			 internet use by individuals on all State-owned computers is monitored to ensure
			 compliance with sanctioned uses. Individuals using State-owned computers for
			 sanctioned uses shall be informed, prior to use, that such use shall be
			 monitored. The Office of Management Information Systems (MIS) administers the
			 Department's information systems and data processing equipment. MIS may monitor
			 computer use and system accesses by any individual or organizational entity in
			 DHS. This includes the potential to monitor transaction executions, file
			 accesses, communications such as e-mail and accesses of external resources such
			 as the internet.
c) Contents of
			 E-mail - The contents of electronic messages may be seen by a system
			 administrator in the course of routine maintenance or in order to dispose of
			 undeliverable messages. In addition, electronic mail systems store messages in
			 files (e.g., the file containing a user's inbound mail). These files are copied
			 in the course of system backups and these backup copies may be kept long after
			 original messages are deleted.
d)
			 System Files and Logs - In the course of resolving system performance or
			 security problems, system administrators may examine the contents of files that
			 control the flow of tasks through the system or that grant unauthenticated
			 access to other systems. This includes systems logs that document activities of
			 users.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 110 - RECIPIENT'S PROPERTY › Section 110.5 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Contraband items" shall be defined as items that are illegal
				for an individual to have in
Their possession or are legal but considered dangerous for
				patients to have on units, in accordance with subsection (a)(1), and are
				disposable. Such items shall be confiscated by staff of the Security Department
				and turned over to the proper authorities or destroyed.
"Restricted items" shall be defined as lawful items that may be
				returned to the patient or his/her designee upon discharge but are restricted
				in accordance with subsection (a)(1). Such items shall be restricted from being
				in the possession of the patient while a patient is at the
				facility.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 110 - RECIPIENT'S PROPERTY › Section 110.10 - Disposition of unclaimed personal property

Current through Register Vol. 48, No. 28, July 12, 2024
a) Personal property of recipients left
			 unclaimed at a Department facility for two years, after due notification to the
			 persons or their representatives shall be sold and the money deposited in the
			 Service Recipients Activity Fund (see Section 20 of the Mental Health and
			 Developmental Disabilities Administrative Act [20
			 ILCS 1705/20 ]).
b) The sale of such property shall be by
			 auction to the highest responsible bidder or bidders, after suitable notice of
			 such sale has been given.
c) If the
			 items have a total estimated value of $500 or more, they shall be properly
			 advertised for sale at least seven days prior to the time of the sale, and at
			 least once in a newspaper having a general circulation in the county where the
			 property is to be sold.
d) If no
			 acceptable bids are received, the property may then be sold in a manner
			 considered most advantageous to the facility.
e) Information regarding the sale of
			 unclaimed items of personal property shall be recorded in the recipient's
			 record, whenever possible.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 110 - RECIPIENT'S PROPERTY › Section 110.20 - Handling of recipient's personal property other than clothing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definitions
For purposes of this Section, the following terms are
				defined:
"Code." The Mental Health and Developmental Disabilities Code
				[405 ILCS 5 ].
"Informed consent." Permission voluntarily granted by the
				recipient or properly empowered guardian for the release of information, for
				participation in the program services specified in the treatment plan, for the
				use of a specific procedure in the plan, or for designating the facility
				director as representative payee. Informed consent means full disclosure to the
				recipient or properly empowered guardian of the information required for him or
				her to make the decision intelligently.
"Properly empowered guardian." A court-appointed guardian of
				the person with specific authority to make decisions concerning the recipient's
				financial transactions or a court-appointed guardian of the estate.
b) Introduction
1) When a recipient is admitted to a
			 Department facility such recipient or the recipient's properly empowered
			 guardian may authorize the facility to establish a trust fund account in
			 accordance with Section 20 of the Mental Health and Developmental Disabilities
			 Administrative Act [20 ILCS
			 1705/20 ], using form DMHDD-623, Trust Fund Deposit
			 Authorization. Any monetary assets in the recipient's possession at the time of
			 admission may be deposited in such an account. The recipient shall be advised
			 that:
A) He or she may retain money and
			 deposit it in a financial institution or use it as he or she chooses, unless he
			 or she is a minor or is prohibited from doing so under a court guardianship
			 order, in accordance with Section 2-105 of the Code.
B) He or she may revoke the authorization for
			 the trust fund account, using form DMHDD-623c, Revocation of
			 Authorization.
C) Any funds
			 deposited in the trust fund shall earn interest based on the end of the month
			 balance and if funds are withdrawn prior to the end of the month, no interest
			 will be paid for the period.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 111 - RECIPIENT RIGHTS › Section 111.10 - Nondiscrimination on the basis of handicap in the delivery of services under Section 504 of the Rehabilitation Act of 1973 (29 USCA 701 et seq., 1982) (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 112 - TREATMENT AND HABILITATION SERVICES › Section 112.5 - Incorporation by reference

Current through Register Vol. 48, No. 28, July 12, 2024
Any rules or standards 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 59 - MENTAL HEALTH › Part 112 - TREATMENT AND HABILITATION SERVICES › Section 112.40 - Release and burial of deceased recipients

Current through Register Vol. 48, No. 28, July 12, 2024
a) Burial of recipients in facility
			 cemeteries and bodies removed from the facility require the services of a
			 licensed funeral director. All records pertaining to the recipient's death must
			 be completed as outlined in Section 18 of the Vital Records Act [410 ILCS
			 535/18 ].
b) Facility directors shall make every effort
			 to have relatives, friends, conservators, or interested organizations assume
			 charge of and the expense of burying bodies. Assets of the recipient or burial
			 allowances to which he is entitled shall be used to the extent that they are
			 available within limitations set forth in the Department's rule at 59 Ill. Adm.
			 Code Section
			 110.20. If the family
			 of a recipient requests burial of the recipient in a cemetery plot owned by or
			 available to the recipient or his family, the facility may grant such request
			 and pay all or part of the funeral expense, if the cost cannot be borne by the
			 family or from the recipient's assets. The amounts paid by the facility in such
			 cases shall not exceed the rate paid for State burials by that facility. The
			 Department may accept partial payment of the cost of burials made at State
			 expense from relatives or conservators of recipients who are unable to bear the
			 total cost.
c) Recipients buried in
			 facility cemeteries shall receive their last rites in keeping with their
			 religious faith. The medical record librarian shall maintain an accurate record
			 of all bodies placed in the facility cemeteries. All graves shall be plainly
			 marked with number or name and number, and the cemeteries shall be kept in a
			 tidy, presentable condition.
d)
			 Unclaimed bodies required to be buried at State expense may be turned over to
			 the Demonstrators Association as joint representative of the Illinois medical
			 schools. Before the body is taken by this organization, an appropriate funeral
			 service shall be held. The Demonstrators Association shall bear all expenses of
			 removing and shipping such bodies. The clause on the death certificate in all
			 such cases shall read "Surrendered to the Illinois Demonstrators Association"
			 in lieu of place of burial.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 112 - TREATMENT AND HABILITATION SERVICES › Section 112.70 - Protection of human subjects

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 purpose of this Section is to safeguard the rights and welfare of human
			 subjects participating in research, development, demonstration, clinical trials
			 or other such activities.
b)
			 Persons who conduct any activity which may place a human subject at risk must
			 adhere to the Departmental Guidelines on the Protection of Human Subjects,
			 under any or all of the following conditions:
1) The activity is conducted by a Department
			 employee;
2) The activity involves
			 the participation of Department service recipients or personnel as subjects,
			 regardless of the person conducting it; or
3) The activity takes place in a Department
			 facility, regardless of the person conducting it or the subjects
			 participating.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 112 - TREATMENT AND HABILITATION SERVICES › Section 112.80 - Use of Narcotics and Psychotropic Medications in Department Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
			 accordance with Section 5.1 of the Mental Health and Developmental Disabilities
			 Administrative Act [20
			 ILCS 1705/5.1 ], a listing of medication with maximum
			 dosages shall be issued yearly by the Mental Health and Developmental
			 Disabilities Services Pharmacy and Therapeutics Committee. This list of
			 narcotics and psychotropic medications shall represent the official listing of
			 such medications authorized for use in Department facilities.
1) For the purposes of this Section,
			 "psychotropic medications" refers to medications:
A) used for antipsychotic, antidepressant,
			 antimanic and/or antianxiety purposes as listed in the American Hospital
			 Formulary Service (AHFS) Drug Information Manual (American Society of
			 Health-System Pharmacists, 7272 Wisconsin Avenue, Bethesda, Maryland 20814
			 (2000) (AGENCY NOTE: this document is published annually and updated
			 quarterly)); the Physician's Desk Reference (PDR) (Medical Economics Company,
			 Five Paragon Drive, Montvale, NJ 07645-1742 (2000) (AGENCY NOTE: this document
			 is published annually)); and the Drug Facts and Comparisons (Facts and
			 Comparisons, 111 West Port Plaza, Suite 300, St. Louis, Missouri 63146-3098)
			 (2001) (AGENCY NOTE: this document is published annually and updated monthly));
			 or
B) where there is a body of peer
			 reviewed medical literature supporting its use.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart A - GENERAL PROVISIONS › Section 115.100 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) The intent of
				this Part is to provide uniform direction for the licensure and operation of
				Community-Integrated Living Arrangement (CILA) agencies that provide
				residential services to individuals with developmental disabilities
				[Community-Integrated Living Arrangements (CILA) Licensure and Certification
				Act [210
				ILCS 135 ].
b) The objective of a community-integrated
				living arrangement is to support individuals to pursue meaningful and valued
				lives, as defined by the individual, in the community.
c) Agencies planning to develop and support
				community-integrated living arrangements shall do so pursuant to the Department
				licensure in accordance with this Part.
d) Agencies providing CILA services must
				comply with applicable federal and State regulations and laws.
e) Agencies planning to provide CILA services
				to individuals with developmental disabilities who are included in the
				Department's Medicaid Home and Community-Based Services (HCBS) Waiver for
				Adults with Developmental Disabilities:
1)
				Shall comply with Section
				115.230 and
				115.310 as well as 59 Ill. Adm.
				Code 120 and 42 CFR
				441.301(c)(1) through (c)(4)(i) through
				(v), which specify Person-Centered Planning
				and Settings requirements for individuals enrolled in HCBS Waiver
				services.
2) Shall not have the
				effect of isolating individuals receiving Medicaid HCBS Waiver services from
				the broader community of individuals not receiving Medicaid HCBS Waiver
				services as described in 42
				CFR 441.301(c)(5)(v) and
				related federal CMS guidance.
3)
				Shall meet the additional conditions set forth in
				42 CFR
				441.301(c)(4)(vi)(A) through
				(E) and Section
				115.200 if the CILA is
				provider-owned or controlled.
4)
				Shall have any modification of the additional conditions set forth under
				42 CFR
				441.301(c)(4)(vi)(A) through
				(D) supported by a specific assessed need,
				justified in the Personal Plan, and be documented in the Personal Plan as
				specified in 42 CFR
				441.301(c)(4)(vi)(F)(1) through
				(8).