Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart C - GENERAL AGENCY REQUIREMENTS › Section 115.310 - Geographic Location of Community-Integrated Living Arrangements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Provider-owned
				or controlled CILA sites shall be located to enable individuals to participate
				in and be integrated into their community and neighborhood. Homes shall be
				typical of homes in the community and residential neighborhood and their
				inclusion should not appreciably alter the characteristics of the
				neighborhood.
b) Provider-owned or
				controlled CILA sites shall be located to promote integration of individuals
				with developmental disabilities within the range of communities throughout the
				State.
c) Provider-owned or
				controlled CILA sites shall operate according to
				42 CFR
				441.301(c)(4) and related
				CMS guidance.
d) CILAs owned or
				controlled by a CILA agency and funded by the Department shall comply with all
				of the following requirements:
1) Current
				provider-owned or controlled CILAs shall be reviewed and evaluated for
				isolating characteristics. The provider-owned or controlled CILA 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.
2) Any provider-owned or
				controlled CILA for individuals in the Medicaid DDD Waiver that has the effect
				of isolating individuals receiving Medicaid HCBS service and is operational
				during the transition period established by the federal government shall be
				designated by the Department for a heightened scrutiny review to determine
				whether it meets the qualities of home and community-based settings listed in
				42 CFR
				441.301(c)(4). The
				Department may perform heightened scrutiny reviews in accordance with federal
				rules and related guidance. The following factors shall be taken into account
				in determining whether a setting may have the effect of isolating individuals
				receiving Medicaid HCBS from the broader community of individuals not receiving
				HCBS:
A) Due to the design or model of service
				provision in the setting, individuals have limited, if any, opportunities for
				interaction in and with the broader community, including with individuals not
				receiving Medicaid-funded HCBS. Such opportunities, as well as identified
				supports to provide access to and participation in the broader community,
				should be reflected in both individuals' person-centered plans and the policies
				and practices of the setting;
B)
				The setting restricts individual choice to receive services or to engage in
				activities outside of the setting; or
C) The setting is physically located separate
				and apart from the broader community and does not facilitate individual
				opportunity to access the broader community and participate in community
				services, consistent with an individual's person-centered plan.
3) Settings must be validated by
				the State as in compliance with federal settings rules by March 17, 2023.
				Ongoing compliance with the Settings Rules will be incorporated into ongoing
				reviews and surveys.