reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart A - STATE AGENCY › Section 230.45 - Intrastate Funding Formula

Current through Register Vol. 48, No. 28, July 12, 2024
The Department, following consultation with all Area Agencies
				  on Aging in the State, shall develop and utilize an Intrastate Funding Formula
				  which meets the requirements specified in 45 CFR 1321.
a) The Department shall allocate Title III
				Older Americans Act (
				42 USC
				3001 et seq.) funds and State General Revenue
				Funds (GRF) appropriated for distribution to the 13 Area Agencies on Aging on a
				formula based in accordance with Older Americans Act requirements.
b) For purposes of this Section, the
				following terms have the meanings specified:
"Base" means the allocation for Federal Fiscal Year (FFY)
				  1992 as of March 1, 1992 for each source of funds (e.g., Title III-B, Title
				  III-C1, Title III-C2, Title III-D, GRF Match, GRF Home Delivered Meals, etc.)
				  distributed by the Department to the 13 Area Agencies on Aging for their
				  respective Planning and Service Areas. In Federal FY 1993, the "base" means
				  two-thirds of the FFY 1992 base for each source of funds. In Federal FY 1994,
				  the "base" means one-third of the FFY 1992 base for each source of funds. Each
				  Area Agency on Aging has a "base" level for each source of funds it receives
				  from the Department to be administered through the Area Plan on Aging.
"Bureau of the Census" means the Bureau of the Census, U.S.
				  Department of Commerce.
"Housing unit" means a house, an apartment, a group of rooms,
				  or a single room occupied as a separate living quarters.
"Living alone" means being the sole resident of a housing
				  unit.
"Minority group" means those persons who identify themselves
				  as belonging to a particular ethnic/racial grouping as classified by the Bureau
				  of the Census.
"PSA" means a Planning and Service Area which is designated
				  pursuant to Section
				  230.47.
"Poverty threshold" means the income cutoff which determines
				  an individual's poverty status as defined by the Bureau of the Census.
"Rural area" means a geographic location not within a
				  Metropolitan Statistical Area (MSA) as defined by the Bureau of the
				  Census.
c) In order for a
				particular factor to be included in the Intrastate Funding Formula, it must:
1) be derived from data which is quantifiable
				by PSA;
2) be based on data which
				is derivable from the Bureau of the Census; and
3) characterize at least 5% of the State's
				population 60 years of age and older.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart A - STATE AGENCY › Section 230.47 - Designation of Planning and Service Areas

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department has divided the State into
				Planning and Service Areas in accordance with
				45 CFR
				1321.43 (May 1, 1985) for the purpose of
				carrying out the functions specified in this Part. In addition, the current
				Planning and Service Area boundaries have been embodied in Section 3.08 of The
				Illinois Act on the Aging (Illinois Revised Statutes, 1983, ch. 23, par.
				6103.08 ), as specified in subsection (g)(5).
b) Pursuant to the Older Americans Act, the
				Department is required to divide the State into distinct Planning and Service
				Areas in accordance with guidelines issued by the Commissioner of the
				Administration on Aging.
				45 CFR
				1321.7 (May 1, 1985), requires the State to
				submit to the Commissioner, prior to the Administration on Aging's approval of
				the State Plan, a notice of intent to maintain or amend the designation of
				existing Planning and Service Area boundaries.
1) The Illinois State Planning Cycle is three
				(3) years, therefore, the State must review the existing Planning and Service
				Areas' boundaries every three (3) years.
2) The Department will initiate the review
				process no later than June of the year preceding the year of the beginning of
				the next subsequent State Plan.
3)
				In addition, during that month of June, Letters of Intent to apply to be
				designated as new Planning and Service Areas will be accepted from any unit of
				general purpose local government, any region within a State recognized for
				area-wide planning, or any metropolitan area.
4) On the first working day in July,
				applications shall be mailed to each agency or organization submitting a Letter
				of Intent.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart B - AREA AGENCIES ON AGING › Section 230.120 - Administration

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of meeting the requirements of this subpart
				  each designated area agency on aging shall meet the following administrative
				  requirements:
a) Procedures
1) Each area agency on aging shall develop
				and adhere to written procedures that meet procedural requirements specified by
				the Department for the purpose of carrying out its designated
				function.
2) If an area agency on
				aging is not an areawide A-95 clearinghouse, the area agency on aging shall
				seek to enter into a memorandum of agreement with the areawide A-95
				clearinghouse(s) for the particular designated planning and service area for
				the purpose of proposed coordination of the planning activities of both
				entities.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart B - AREA AGENCIES ON AGING › Section 230.130 - Area Plans

Current through Register Vol. 48, No. 28, July 12, 2024
Each area agency on aging shall develop an area plan in
				  accordance with 45 CFR 1321, Subpart F.
a) Area Plan Requirements
Each area agency on aging shall develop an area plan for a
				  three-year period specified by the Department.
1) The area plan shall be submitted in
				accordance with the uniform area plan format and other instructions issued by
				the Department.
2) The area plan
				shall provide for the development of a comprehensive and coordinated service
				delivery system for social and nutrition services in which the area agency on
				aging enters into cooperative arrangements with other service planners and
				providers within the planning and service area for the purpose of:
A) Facilitating access to and utilization of
				all existing services; and
B)
				Effectively and efficiently developing social and nutrition services to meet
				the needs of older persons.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart B - AREA AGENCIES ON AGING › Section 230.140 - Withdrawal of Area Agency on Aging Designation

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may under certain conditions withdraw
				  designation as an area agency on aging.
a) The Department shall act to withdraw
				designation of an organization or agency as the area agency on aging within a
				particular Planning and Service Area when it determines that the currently
				designated area agency on aging will not be able to comply with the assurances
				originally given by that area agency on aging for the coming area agency on
				aging grant year. Circumstances which shall lead to initiation of an action to
				withdraw designation as an area agency on aging may include but shall not be
				limited to the following:
1) There is on-going
				failure of the area agency on aging to meet any of the requirements of a
				substantive (i.e., essential to the effective administration of the program)
				Federal or State statute, rule or regulation.
2) Disapproval by the Department of the area
				plan or any amendments to the area plan;
3) A finding by the Department that the area
				agency on aging's administration or provisions of its approved area plan fails
				to comply with the requirements of 45 CFR 1321 (1984 and does not include any
				later amendments or editions.);
4)
				Receipt by the Department of written statements by agencies, organizations, or
				units of general purpose local government in the particular Planning and
				Service Area including the area agency on aging itself requesting withdrawal of
				designation as the area agency on aging and providing justification therefore.
				The Department reserves the right to reject any requests received pursuant to
				this paragraph which are accompanied by justifications deemed inadequate or
				spurious;
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart B - AREA AGENCIES ON AGING › Section 230.145 - Continuity of Services

Current through Register Vol. 48, No. 28, July 12, 2024
For a period of up to 180 days after the final decision to
				  withdraw designation as an area agency on aging pursuant to Section
				  230.140, unless
				  extended up to an additional 180 days by the Commissioner of the Administration
				  on Aging, if necessary to ensure continuity of services in the Planning and
				  Service Area, the Department may:
a)
				Perform the responsibilities of an area agency on aging for the Planning and
				Service Area; or
b) Assign the
				responsibilities of the area agency on aging to another agency within the
				Planning and Service Area.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart B - AREA AGENCIES ON AGING › Section 230.150 - Area Agency on Aging Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
Each area agency on aging shall have the following
				  responsibilities:
a) Advocacy
				Responsibilities
In performing its stated function of advocate for older
				  persons, an area agency on aging shall throughout the planning and service
				  area:
1) Monitor, evaluate, and
				comment on all policies, programs, hearings, levies, and community actions
				which affect older persons;
2)
				Conduct public hearings on the needs of older persons;
3) Represent the interests of older persons
				to public officials, public and private agencies or organizations;
4) Carry out activities in support of the
				State administered long-term care ombudsman program; and
5) Coordinate planning with other agencies
				and organizations to promote new or expanded benefits and opportunities for
				older persons.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart C - SERVICE REQUIREMENTS › Section 230.210 - Direct Provision of Services by the Department and Area Agencies on Aging

Current through Register Vol. 48, No. 28, July 12, 2024
The Department or an area agency on aging shall use subgrants
				  or contracts with service providers to provide all services under this Part
				  unless the Department decides that direct provision of a service by the
				  Department or area agency on aging using its own employees is necessary to
				  assure an adequate supply of the services. Services may be provided directly by
				  the Department only under provisions specified in Section
				  230.140 of this
				  Part or in the event that the State is designated a single planning and service
				  area in accordance with
				  45
				  CFR 1321.59.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart C - SERVICE REQUIREMENTS › Section 230.220 - Planning, Coordination and Provision of Services Funded Under Other Programs

Current through Register Vol. 48, No. 28, July 12, 2024
a) An area
				agency on aging may plan, coordinate, and provide services funded under other
				programs only if it continues to meet all its area agency responsibilities.
				Prior to providing such services the area agency must seek and receive from the
				Department an express finding that the area agency can effectively carry out
				the functions and responsibilities under Title III of the Older Americans Act
				without establishing a single organizational unit for Title III funded
				programs.
b) If any such program is
				not included in the current area plan, said plan must be amended pursuant to
				the provisions of 45 CFR Part 1321.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart C - SERVICE REQUIREMENTS › Section 230.230 - Licensure and Safety Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
All services provided under this subpart must meet any
				  existing State and local licensure and safety requirements for the provision of
				  those services.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart C - SERVICE REQUIREMENTS › Section 230.240 - Provider Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
All service providers shall comply with procedures
				  established by the area agency on aging for:
a) Outreach activities to ensure
				participation of eligible older persons;
b) Training and use of elderly and other
				volunteers and paid personnel;
c)
				Coordination with other service providers in the planning and service
				area;
d) All service providers
				shall follow priorities set by the area agency on aging for serving older
				persons with greatest economic or social need. Service providers may not use a
				means test.
e) Each service
				provider shall:
1) Provide each older person
				with a free and voluntary opportunity to contribute to the cost of the
				service;
2) Protect the privacy of
				each older person with respect to his or her contribution;
3) Establish appropriate procedures to
				safeguard and account for all contributions; and
4) Use all contributions to expand the
				services of the provider under this Part. Nutrition services providers must use
				all contributions to increase the number of meals served.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart C - SERVICE REQUIREMENTS › Section 230.250 - Services

Current through Register Vol. 48, No. 28, July 12, 2024
The following requirements shall apply to services provided
				  under this subpart.
a) Multipurpose
				Senior Centers
1) An Area Agency on Aging may
				award social service funds under this Part to a public or private nonprofit
				agency for the following purposes:
A)
				Acquiring, altering, leasing, or renovating a facility, including a mobile
				facility, for use as a multipurpose senior center;
B) Constructing a facility, including a
				mobile facility, for use as a multipurpose senior center;
C) The costs of professional and technical
				personnel required to operate a center.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart D - FISCAL REQUIREMENTS › Section 230.310 - Types of Allotments

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to General Revenue Funds appropriated to the
				  Department through the appropriation process of the State of Illinois, the
				  Department receives the following types of allotments from the Administration
				  on Aging for purposes of performing activities related to the Older Americans
				  Act:
a) Department
				administration
b) Social services
				including senior center activities;
c) Congregate nutrition services;
				and
d) Home-delivered nutrition
				services.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart D - FISCAL REQUIREMENTS › Section 230.320 - Limitations on Use

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall use each allotment specifically for the
				  purpose for which the allotment is made by the Administration on Aging except
				  in those situations for which exception is provided in 45 CFR
				  1321.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart D - FISCAL REQUIREMENTS › Section 230.330 - Service Funding Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall reallot its entire social and nutrition
				  services allotments from the Administration on Aging, with the exception of
				  funds required for the administration and operation of the long-term care
				  ombudsman program, to area agencies on aging under approved area plans. Each
				  area on aging shall use each allotment specifically for the purpose for which
				  the allotment is made.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart D - FISCAL REQUIREMENTS › Section 230.340 - Obligation of Allotments

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall obligate all funds received from the
				  Administration on Aging during the fiscal year in which they are
				  obligated.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart D - FISCAL REQUIREMENTS › Section 230.350 - Maintenance of Effort: Non-Federal Share

Current through Register Vol. 48, No. 28, July 12, 2024
In order to meet the required non-Federal share applicable to
				  allotments in each fiscal year from the Administration on Aging, the Department
				  shall expend under the State plan for both services and administration at least
				  the same amount of State funds spent under the plan for the previous fiscal
				  year.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart D - FISCAL REQUIREMENTS › Section 230.360 - General Audit Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				grantees and contractors who receive financial assistance through the Illinois
				Department on Aging must obtain and file an audit report as mandated in, and in
				accordance with, Office of Management and Budget (OMB) Circular A-128, "Audit
				of State and Local Governments" or OMB Circular A-133, "Audits of Institutions
				of Higher Education, and Other Nonprofit Institutions"; and, as applicable, in
				accordance with "Government Auditing Standards" ( 45 CFR 92, October 1988);
				"Administration of Grants" ( 45 CFR 74, March 1991); "Uniform Administrative
				Requirements for Grants and Cooperative Agreements to State and Local
				Governments" ( 7 CFR 3016, October 1988); "Uniform Administrative Requirements
				for Grants and Cooperative Agreements to State and Local Governments" ( 29 CFR
				97, October 1988); "Uniform Federal Assistance Regulation" ( 7 CFR 3015, August
				1993); "Audits of Institutions of Higher Education and Other Nonprofit
				Institutions" ( 7 CFR 3051, August 1993); "Audit Requirements for Grants,
				Contracts and Other Agreements" ( 29 CFR 96, October 1991), no later editions
				or amendments included.
b) Such
				audits must be conducted in accordance with generally accepted auditing
				standards, including the standards of:
1) The
				U.S. General Accounting Office's publication, "Government Auditing Standards" (
				45 CFR 92, October 1988) and those applicable citations in subsection (a) of
				this Section; and
2) any specific
				audit instructions issued by the Department.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart D - FISCAL REQUIREMENTS › Section 230.361 - Purpose of Audits

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of audits shall be to determine the effectiveness
				  of the financial management systems and internal procedures established to meet
				  the terms of awards and to determine whether grantees and contractors are in
				  conformance, as applicable, with significant compliance requirements (Office of
				  Management and Budget (OMB) publications "Compliance Supplement for Single
				  Audits for State and Local Governments" (September 1990, no later editions or
				  amendments included)) and "Compliance Supplement for Audits of Institutions of
				  Higher Learning and Other Nonprofit Institutions" (October 1991, no later
				  editions or amendments included) that can have a material effect upon programs.
				  The audit report is also used to ascertain the amount of unearned Federal or
				  State funds (unspent funds) at the end of the grant.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart D - FISCAL REQUIREMENTS › Section 230.362 - Audit Engagement Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Each grantee and contractor is responsible for securing its own independent
				auditor.
b) Prior to the initiation
				of audit activity, the grantee and contractor will ensure the contract with the
				auditor is covered by an audit engagement agreement which, at a minimum,
				includes:
1) Scope of the audit.
2) Audit period.
3) Provision for an opinion on the financial
				statements in conformity with generally accepted government auditing standards,
				"Government Auditing Standards" issued by the U.S. General Accounting Office
				and state the audit will be performed in accordance with Office of Management
				and Budget (OMB) Circular A-128 "Audit of State and Local Governments" or
				A-133, "Audits of Institutions of Higher Education, and Other Nonprofit
				Institutions"; and in accordance with those applicable citations in Section
				230.360(a)
				of this Part.
4) Provision for a
				report on the internal control structure that awards are managed in compliance
				with applicable laws, regulations, and grant terms.
5) Provision for an expression of positive
				assurance of the compliance of the grantee and contractor with regulatory
				requirements (described in Section
				230.361 of this
				Part) for tested items, and negative assurance for untested items.
6) Provision for a letter of a non-material
				audit finding(s) developed in the audit and excluded from the audit
				report.
7) Basis for allocation of
				audit fee. The cost of the audit shall be distributed to all sources of funds
				based on a reasonable distribution plan.
8) Due date for submission of the audit
				report.
9) The auditor will provide
				the grantee and contractor with a copy of the compliance audit
				workpapers.
10) Any additional
				terms, agreements or relationships affecting the audit engagement
				agreement.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart D - FISCAL REQUIREMENTS › Section 230.363 - Distribution of the Cost of a Unified Audit

Current through Register Vol. 48, No. 28, July 12, 2024
a) In a circumstance where a grantee,
				contractor and its subgrantees and subcontractors desire to retain an auditor
				to perform an audit of its own books and that of all or part of its subgrantees
				and subcontractors, the audit is called a unified audit. The cost of the
				unified audit may be apportioned: to the grantee's and contractor's
				administrative cost; or to the grantee's and contractor's administrative cost
				and that of each subgrantee and subcontractor in proportion to the workload of
				the auditor.
b) A grantee and
				contractor who negotiate to have a unified audit performed must ensure
				compliance with the conditions contained in the Department's audit procedures.
1) The grantee and contractor must obtain
				from each subgrantee and subcontractor willing to participate in the unified
				audit written authorization for the grantee and contractor to act as each
				subgrantee's and subcontractor's agent in securing an independent auditor to
				perform the audits on each subgrantee's and subcontractor's respective
				records.
2) Before commencement of
				the unified audit, each subgrantee and subcontractor willing to participate in
				the unified audit must enter into an agreement which sets forth the
				subgrantee's and subcontractor's acceptance of the independent auditor and
				ensuing audit report. Subgrantees and subcontractors shall have the option of:
A) Entering into a separate audit engagement
				agreement with the independent auditor; or
B) Signing the audit engagement agreement
				among the grantee, contractor and the independent auditor.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart D - FISCAL REQUIREMENTS › Section 230.365 - Audit Report

Current through Register Vol. 48, No. 28, July 12, 2024
a) The audit
				report shall state that the audit was made in accordance with the provisions of
				Office of Management and Budget (OMB) Circular A-128 or Office of Management
				and Budget (OMB) Circular A-133 as applicable and in accordance with those
				applicable citations in Section
				230.360(a)
				of this Part and shall include at least the following:
1) Financial Report(s)
A) General purpose or basic financial
				statements (Financial Statements); and
B) Schedule of Federal awards (with auditor's
				opinion in relation to Financial Statements).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart D - FISCAL REQUIREMENTS › Section 230.366 - Resolution of Audit Findings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Grantees and contractors will have the maximum of 180 calendar days from the
				date of receipt of the final audit report to resolve any audit findings and/or
				questioned costs. Repayment of questioned costs based upon any negotiated
				settlement must be completed within a negotiated timeframe.
b) If audit findings of a grantee and
				contractor indicate a condition specified in Section 230.140(a)(1-4) of this
				Part, the Department will further investigate to determine if suspension or
				termination is warranted.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart D - FISCAL REQUIREMENTS › Section 230.370 - Program and Financial Reviews

Current through Register Vol. 48, No. 28, July 12, 2024
Program and financial reviews shall be conducted for the
				  purpose of evaluating area agency on aging compliance with applicable Federal
				  and State requirements and the approved area plan.
a) Effects of Reviews and Audits
Any review or audit may lead to disallowance, formal
				  compliance action, recommendations on how the area agency may improve the
				  administration of its programs, or offers of technical assistance.
b) Disallowed Costs
Any costs of the area agency on aging disallowed as a result
				  of a program or financial review may be deducted by the Department from any
				  funds not distributed to the area agency on aging.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart E - GRIEVANCES, APPEALS, AND HEARINGS › Section 230.400 - Purpose and Scope

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Subpart E is to set forth grievance and
				  appeal requirements for entities and individuals that administer, provide, and
				  receive services, or applicants for those services, under an area plan funded
				  by the Older Americans Act (42 USC
				  3001 et seq.). This Subpart does not apply to
				  public hearings required under
				  42 USC
				  3025 and
				  3026 or the
				  termination of a federal grant award or other adverse federal action taken
				  pursuant to the provisions of 45 CFR 75, Subpart D, or 2 CFR 200, Subpart
				  D.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart E - GRIEVANCES, APPEALS, AND HEARINGS › Section 230.410 - Grievances and Appeals to the Area Agency on Aging

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Area Agency on Aging (AAA) shall have
				a grievance and appeal process that includes the following:
1) Pursuant to
				42
				USC 3027(a)(5)(B), the AAA
				shall have written grievance procedures for an older individual who is
				dissatisfied with, or denied, services under an area plan; and
2) Pursuant to
				42
				USC 3027(a)(5)(A), the AAA
				shall have written appeal procedures for a service provider whose application
				to provide services under an area plan is denied or whose subgrant or contract
				with the AAA under an area plan is suspended, terminated, or not
				renewed.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart E - GRIEVANCES, APPEALS, AND HEARINGS › Section 230.420 - Grievances and Appeals to the Department

Current through Register Vol. 48, No. 28, July 12, 2024
The Department will allow appeals by the following:
a) An older individual or the individual's
				representative who is appealing the AAA's grievance response under Section
				230.410(a)(1);
b) A service provider whose application to
				provide services, under grants or contracts directly awarded by the Department,
				is denied or terminated;
c) Any
				eligible applicant for designation as a planning and service area under
				45 CFR
				1321.29(a) (2019) whose
				application is denied;
d) Any AAA
				when the Department proposes to:
1)
				Disapprove the area plan or any amendment to the area plan that has been
				submitted to the Department by the AAA; or
2) Reject the AAA's recommendation to
				designate a service provider.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart E - GRIEVANCES, APPEALS, AND HEARINGS › Section 230.430 - Request for Appeal to the Department

Current through Register Vol. 48, No. 28, July 12, 2024
a) Timing of the Appeal
1) An older individual who is appealing the
				AAA's grievance response must submit an appeal within 60 calendar days after
				receiving the response.
2) All
				other appeals must be submitted within 15 calendar days after notice of adverse
				action.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart E - GRIEVANCES, APPEALS, AND HEARINGS › Section 230.440 - Informal Review

Current through Register Vol. 48, No. 28, July 12, 2024
The Office of General Counsel, with appropriate Department
				  Staff, will review appeal requests and make recommendations to the
				  Director.
a) The Office of General
				Counsel may contact the appellant to discuss the appeal request and/or request
				additional information.
b)
				Recommendations by the Office of General Counsel may include, but are not
				limited to:
1) Dismissal, if, for example,
				the requirements under Sections
				230.420
				and
				230.430
				are not met;
2) Reverse or amend
				the Area Agency on Aging's grievance or appeal decision resulting from the
				process outlined in Section
				230.410;
				or
3) Proceed to an administrative
				hearing pursuant to Section 230.450.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart E - GRIEVANCES, APPEALS, AND HEARINGS › Section 230.450 - Administrative Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				will provide an opportunity for hearing, after the informal review process is
				completed, to the following:
1) Any AAA, upon
				request, when the Department proposes to:
A)
				Disapprove the area plan or any amendment to the area plan that has been
				submitted to the Department by the AAA; or
B) Reject the AAA's recommendation to
				designate a service provider;
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart E - GRIEVANCES, APPEALS, AND HEARINGS › Section 230.460 - Status Conference

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Hearing Officer may schedule status conferences to consider and decide issues
				that will aid in the disposition of the hearing.
b) The Hearing Officer may consolidate
				matters in the interest of convenience whenever it can be done without
				prejudicing either party.
c) The
				Hearing Officer may facilitate the exchange of discovery among the parties
				before the hearing.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart E - GRIEVANCES, APPEALS, AND HEARINGS › Section 230.470 - Conduct of the Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The hearing
				shall be conducted in accordance with Article 10 of the Illinois Administrative
				Procedure Act [5 ILCS 100], unless otherwise specified in this Part.
b) The hearing shall be recorded and made
				part of the case record.
c) The
				hearing may be conducted by telephone or other electronic means.
d) Continuances may be granted.
e) The Hearing Officer shall recommend a
				decision on each issue to the Director.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart E - GRIEVANCES, APPEALS, AND HEARINGS › Section 230.480 - Dismissals and Withdrawals

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				appellant may withdraw the appeal at any time.
b) If the appellant fails to cooperate with
				the Department during the informal review process or fails to attend the
				hearing, the appeal is considered abandoned and will be dismissed.
c) Within 10 calendar days after the date of
				the dismissal notice, the appellant/authorized representative may submit a
				written request to reinstate the appeal. The dismissal will be vacated if good
				cause can be shown for the non-cooperation that led to the dismissal.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart E - GRIEVANCES, APPEALS, AND HEARINGS › Section 230.490 - Director's Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				decision resulting from the appeal shall be made in writing no later than 60
				calendar days after receiving the recommendation. The appellant/authorized
				representative and all other parties to the appeal shall be notified.
b) A decision shall be issued by the Director
				upholding, modifying, or reversing the recommendation.
c) The Director's decision resulting from the
				appeal shall be final and become part of the appeal record.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart E - GRIEVANCES, APPEALS, AND HEARINGS › Section 230.495 - Appeal Record

Current through Register Vol. 48, No. 28, July 12, 2024
At any time within 5 years after the date of the release of
				  the Director's decision, the appellant/authorized representative may review the
				  appeal record. The appeal record, including documents presented at the
				  proceedings, findings of fact, and findings of law, will be made available by
				  the Department upon request. The Springfield office of the Department is the
				  only location where the appeal record may be reviewed.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart F - TITLE III-D › Section 230.510 - Target Population

Current through Register Vol. 48, No. 28, July 12, 2024
Services provided with Title III-D (In-Home Services for
				  Frail Older Individuals, 42 U.S.C. 3341 et seq., 1987, as amended by P.L.
				  100-175, effective November 29, 1987) funding shall be targeted to frail older
				  individuals. The term "frail" means having a physical or mental disability,
				  including Alzheimer's disease or a related disorder with neurological or
				  organic brain dysfunction, that restricts the ability of an individual to
				  perform normal daily tasks (see 89 Ill. Adm. Code
				  240.715,
				  "Need For Long Term Care") or which threatens the capacity of an individual to
				  live independently ( 42 U.S.C. 3342,
				  1987,
				  as amended by P.L. 100-175, effective November 29, 1987).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart F - TITLE III-D › Section 230.520 - Eligibility Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
The following eligibility criteria must be met in order to
				  receive services provided through Title III-D:
a) individuals must be 60 years of age or
				older;
b) special consideration
				shall be given to individuals in greatest economic need, with particular
				attention to low-income (at or below the poverty threshold defined in Section
				230.45(b)
				) minority individuals (however, means testing may not be used for any service
				under this Subpart);
c) the
				individual shall have a demonstrated need for the specified service, taking
				into consideration the ability of the individual to perform basic (e.g.,
				eating, bathing, grooming, dressing, transfer (in/out of bed), inside home,
				toileting, bladder continence, and bowel continence) activities of daily
				living, instrumental (e.g., managing money, shopping, telephoning, preparing
				meals, laundry, housework, outside home, medication management, routine health,
				special health, and being alone) activities of daily living, and the
				availability and adequacy of support (i.e., informal and/or environmental)
				received from other sources in relation to the need for such services (refer to
				89 Ill. Adm. Code
				240.715,
				Need For Long Term Care). The demonstration of need for the specified service
				will be defined by utilizing:
1) the
				Community Care Program Determination of Need point score, the basis for which
				is established in 89 Ill. Adm. Code 240.715; or
2) an area agency on aging devised process
				for assessment of case management services for which the area agency on aging
				has received approval from the Department prior to its implementation. An area
				agency's process shall be approved by the Department if it contains the
				following assurances:
A) a standardized
				initial intake tool shall be utilized in determining each applicant's need for
				case management services considering those factors specified in subsection (c)
				above;
B) an in-home assessment
				must be conducted for all case management clients, utilizing the standardized
				assessment tool, to evaluate the functional, financial, and environmental
				conditions of the client and to identify service needs;
C) an in-home reassessment of the client's
				condition and needs must be conducted at least annually, and when there is a
				significant change in a client's status or circumstances (e.g.,
				hospitalization, loss of caregiver); and
D) in the provision of case management
				services, all activities shall be carried out in a timely manner and as early
				as practical depending upon the client's particular situation.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart F - TITLE III-D › Section 230.530 - Eligibility Determination

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				face-to-face assessment shall be conducted by the designated Case Coordination
				Unit to determine an individual's eligibility and need for Title III-D
				service(s) in accordance with eligibility criteria specified in Section
				230.520.
b) A face-to-face reassessment of an active
				client's eligibility and need for Title III-D service(s) shall be conducted by
				the designated Case Coordination Unit no later than one year from the last
				completed assessment/reassessment, and/or when necessary to assure that the
				Title III-D service(s) in place is addressing the needs of the client who has
				had a change in condition.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart F - TITLE III-D › Section 230.540 - Allowable Services

Current through Register Vol. 48, No. 28, July 12, 2024
The following services shall be provided through the Title
				  III-D Program when an individual is determined eligible and funds are
				  available:
a) Group A Services
1) In-home respite care for families, and
				adult day care as a respite service for families; and
2) minor modification of homes that is
				necessary to facilitate the ability of older individuals to remain at home and
				that is not available under other programs, except that not more than $150 per
				client per year may be expended under this subsection for such modification (
				42 U.S.C. 3342,
				1987,
				as amended by P.L. 100-175, effective November 29, 1987).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart F - TITLE III-D › Section 230.550 - Maintenance of Effort

Current through Register Vol. 48, No. 28, July 12, 2024
Funds made available under this Subpart shall be in addition
				  to, and may not be used to supplant any funds that are or would otherwise be
				  expended under any Federal, State, or local law by a State or unit of general
				  purpose local government (including area agencies on aging which have in their
				  planning and service areas existing services which primarily serve older
				  individuals who are victims of Alzheimer's disease and related disorders with
				  neurological and organic brain dysfunction, and the families of such victims) (
				  42 U.S.C. 3344,
				  1987,
				  as amended by P.L. 100-175, effective November 29, 1987).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart F - TITLE III-D › Section 230.560 - Coordination of Services

Current through Register Vol. 48, No. 28, July 12, 2024
In administering services under Title III-D, each area agency
				  on aging shall establish and implement a documentable method to coordinate with
				  other community agencies and voluntary organizations providing:
a) counseling and training for family
				caregivers and support service personnel in management of care;
b) functional and needs assessment
				services;
c) assistance with
				locating, arranging for, and coordinating services;
d) case management; and
e) counseling prior to admission to nursing
				home to prevent premature institutionalization.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart F - TITLE III-D › Section 230.570 - Distribution of Funds

Current through Register Vol. 48, No. 28, July 12, 2024
The Intrastate Funding Formula provisions of Section
				  230.45
				  shall apply to the distribution of Title III-D funds.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart F - TITLE III-D › Section 230.580 - Area Agency on Aging Administration

Current through Register Vol. 48, No. 28, July 12, 2024
Title III-D funds may not be used for the administration of
				  the area plan approved in accordance with Section
				  230.130.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart G - CASE MANAGEMENT SERVICES › Section 230.610 - General Requirements for Providers of Case Management Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) An agency
				providing Title III case management services shall meet all Case Coordination
				Unit (CCU) Standards pursuant to 89 Ill. Adm. Code
				220.600
				et seq. upon completion of the procurement as specified in 89 Ill. Adm. Code
				220.610.
b) A CCU, designated as outlined in 89 Ill.
				Adm. Code
				220.645,
				shall be funded by the Area Agency on Aging (AAA) for a specific geographic
				area through a contract or a grant with the AAA for Title III case management
				services.
c) A designated CCU shall
				provide audits in accordance with Area Agency on Aging policies and
				procedures.
d) A CCU shall permit
				access to case files by the Area Agency on Aging or its designee, the
				Department or its designee, and appropriate Federal agencies. The Department
				shall notify the AAA when access to Title III case management case files by the
				Department and/or appropriate Federal agencies is required.
e) An individual AAA may establish additional
				requirements than those specified in 89 Ill. Adm. Code
				220.600(e)
				through (k) relative to any contract/grant
				for case management services provided in its respective planning and service
				area. Such additional requirements shall be specified in the particular AAA's
				Request for Proposal and shall bear no additional cost to the Department or to
				recipients of services. AAA's shall arrange for funding of such additional
				requirements.
f) Additional
				services, if required by a particular AAA to be provided through a case
				management contract/grant, shall be directly related to case management
				services as defined in 89 Ill. Adm. Code
				220.600(b)
				 (e.g., information and assistance, outreach)
				and shall be specified in the particular AAA's Request for Proposal.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart G - CASE MANAGEMENT SERVICES › Section 230.620 - Case Management Service Availability

Current through Register Vol. 48, No. 28, July 12, 2024
Case management services shall be provided to older persons
				  to the extent possible with available resources committed by each Area Agency
				  on Aging within each respective planning and service area.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart G - CASE MANAGEMENT SERVICES › Section 230.630 - Service Activities

Current through Register Vol. 48, No. 28, July 12, 2024
Case Management service activities minimally include the
				  following components:
a) Case Finding
				Activities: The identification of individuals for intake.
b) Intake: Through the administration of a
				defined intake process developed or approved by the Area Agency on Aging, an
				individual with potential case management needs, as defined below, shall be
				identified.
1) An individual must be age 60
				or older; and
2) An individual must
				demonstrate a need which requires development of a coordinated case plan,
				follow-up, and/or advocacy; and/or
3) An individual has multiple or complex
				problems which are often chronic in nature and which may affect the ability of
				that individual to live independently; and/or
4) An individual has potential need for
				multiple services; and/or
5) An
				individual has presented problems which are vague or ill-defined;
				and/or
6) An individual has
				insufficient informal supports to care for his/her needs.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 230 - OLDER AMERICANS ACT PROGRAMS › Subpart G - CASE MANAGEMENT SERVICES › Section 230.640 - Records and Documentation

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				Case Coordination Unit (CCU) shall maintain individual client records in a
				central file. The case file for each client shall minimally include the
				following information:
1) Intake
				Form(s);
2) Comprehensive Needs
				Assessment;
3) Case Plan;
4) Record of referral(s) and
				request(s);
5) Correspondence
				related to the case;
6) Formal case
				notes, which include documentation of the follow-up and/or case
				closure;