Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 686 - PROVIDER REQUIREMENTS, TYPE SERVICES, AND RATES OF PAYMENT › Subpart A - PERSONAL ASSISTANTS › Section 686.10 - Personal Assistant (PA) Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
In order to be employed by a customer as a PA (89 Ill. Adm.
				  Code
				  676.30 ), an
				  individual must:
a) have a Social
				Security number and provide the Department of Human Services (DHS) with
				documented verification of this number;
b) be a minor between 14 and 16 years of age
				who is not employed during school hours, has an employment certificate and
				meets all other requirements of the Child Labor Law [820 ILCS 205 ] and has an
				adult who is at least 21 years of age and who is legally responsible for the
				customer who will supervise the PA; be 16 years of age or older, enrolled in
				school and not employed during school hours; or be 17 years of age or older and
				not enrolled in school;
c) have
				provided to the customer at least two written or verbal recommendations from
				present or former employers, the recommendation of a Center for Independent
				Living (CIL), or, if never employed, references from at least two
				non-relatives;
d) be able to
				communicate with the customer to the satisfaction of the customer and
				counselor;
e) be able to follow
				directions to the satisfaction of the customer and counselor;
f) have previous experience and/or training
				that is adequate and consistent with the specific tasks required for safe and
				adequate care of the customer;
g)
				if the customer has a contagious infectious disease, have a physician, health
				care institution (i.e., hospital, nursing home, home health agency), or CIL
				certify, in writing, that he/she has the knowledge of precautionary procedures
				for the control of contagious infectious diseases, if it is anticipated that
				he/she will come into contact with bodily fluids, or be evaluated by a
				Registered Nurse licensed pursuant to the Nurse Practice Act [225 ILCS 65 ] to
				determine that he/she has knowledge of those procedures;
h) complete an EMPLOYMENT AGREEMENT between
				the customer and PA that certifies the PA:
1)
				shall provide services to the individual in accordance with his/her SERVICE
				PLAN (IL 499-1049) (89 Ill. Adm. Code
				676.30(u)
				 );
2) shall submit a bi-monthly calendar listing
				actual hours worked each pay period (1-15; 16-last working day of the month),
				as verified by the customer and in accordance with the number of hours
				authorized by DHS. The PA shall not claim more hours than approved by DHS
				unless prior approval has been granted by the counselor to address a temporary
				increased service need;
3) shall
				make available to DHS and other designated agencies those records described in
				subsection (h)(2);
4) shall
				maintain all customer information as confidential and not for release, either
				in writing or verbally, to anyone other than those designated by DHS in
				writing;
5) shall not subcontract
				to any other person, any of the services he/she has agreed to
				provide;
6) shall provide services
				only while the individual is in his/her home or during the period covered by
				Section
				684.60
				(Provision of Services);
7) shall
				agree that the customer is responsible for locating, choosing, employing,
				supervising, training, and disciplining as necessary the PA. Further, that the
				State of Illinois does not provide paid vacation, holiday, or sick leave;
				however, such absences shall be reported to the DHS counselor per the HOME
				SERVICES TIME SHEET (IL 488-2251) only for the purposes of processing
				payment;
8) understands that DHS
				reports all payments made to a PA to the Illinois Department of Employment
				Security (DES) and that the PA may apply for unemployment benefits, but DES,
				not DHS, makes the determination as to whether the PA shall receive
				benefits;
9) understands that
				he/she may apply for Workers' Compensation benefits through DHS and that some
				customers may carry such insurance coverage; however, DHS maintains that the
				customer, not DHS, is the employer for these purposes; and
10) understands that DHS will withhold Social
				Security tax (FICA) from payments made to him/her. Federal and State income tax
				shall be withheld if the PA completes and returns to DHS two separate W-4
				forms;