reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 50 - OFFICE OF INSPECTOR GENERAL INVESTIGATIONS OF ALLEGED ABUSE, NEGLECT, OR FINANCIAL EXPLOITATION IN STATE-OPERATED FACILITIES AND COMMUNITY AGENCIES › Section 50.30 - Responsibilities of OIG for Intake Assessment

Current through Register Vol. 48, No. 28, July 12, 2024
a) Availability of OIG
OIG shall be available 24 hours a day to assess reports of
				allegations of abuse, neglect, Financial Exploitation, or the death of an
				individual and provide any technical assistance with making the
				report.
b) Responsibility of
			 OIG for receiving the report
OIG staff receiving the report of the allegation are
				responsible for assessing, based on the information received at intake, whether
				the allegation could constitute abuse, neglect, or Financial Exploitation and
				whether OIG has the authority to investigate in accordance with the Act. Absent
				extenuating circumstances, OIG shall make these assessments within one day
				after receiving the report.
c) Reports involving routine programmatic,
			 licensure or certification matters
1) OIG
			 shall have no supervision over or involvement in routine programmatic,
			 licensure, or certification operations of the Department. (Section 1-17(f) of
			 the Act)
2) If the reported
			 allegation relates to licensure or certification standards or Routine
			 Programmatic Operations and is deemed not to be abuse, neglect, or Financial
			 Exploitation, OIG shall refer the allegation to the appropriate agency or unit
			 of government.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 50 - OFFICE OF INSPECTOR GENERAL INVESTIGATIONS OF ALLEGED ABUSE, NEGLECT, OR FINANCIAL EXPLOITATION IN STATE-OPERATED FACILITIES AND COMMUNITY AGENCIES › Section 50.40 - General Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) OIG
			 shall notify the Authorized Representative when OIG opens an investigation and
			 the Authorized Representative will then notify the victim or guardian (if
			 applicable) and the accused employee, in writing, when an investigation will be
			 opened.
b) If an OIG investigation
			 results in a substantiated finding of Physical Abuse, Sexual Abuse, Egregious
			 Neglect, or Financial Exploitation by an employee, it shall result in the
			 accused employee's identity and the OIG finding being reported to the Registry
			 in accordance with Section
			 50.90.
c) OIG investigations may include, but are
			 not limited to, site visits, telephone contacts, requests for written
			 statements and responses from the Community Agency or the facility.
d) Nothing in this Part precludes a Community
			 Agency or facility from taking immediate action that may include protecting the
			 individuals from danger or harm, notifying appropriate law enforcement
			 officials, or taking any other Administrative Action deemed necessary by the
			 Community Agency or facility, unless otherwise directed by OIG. The agency
			 shall request approval from OIG prior to conducting its own full investigation
			 beyond what is outlined in Section
			 50.30(f)(4).
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 50 - OFFICE OF INSPECTOR GENERAL INVESTIGATIONS OF ALLEGED ABUSE, NEGLECT, OR FINANCIAL EXPLOITATION IN STATE-OPERATED FACILITIES AND COMMUNITY AGENCIES › Section 50.50 - Conducting Investigations

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
			 accordance with investigative best practice, OIG shall, when feasible, and to
			 the extent these actions have not already been fully addressed by facility or
			 agency staff:
1) Ensure that the victim is not
			 in Imminent Danger;
2) Protect the
			 integrity of the investigation at all times;
3) Secure the scene of the
			 incident;
4) Identify and separate
			 witnesses;
5) Preserve and secure
			 all evidence;
6) Obtain statements
			 from persons involved, including victims, accused employees, and witnesses
			 through in-person interviews, by telephone, or by video; and
7) Obtain copies of pertinent documents
			 relating to the investigation, i.e., progress notes, incident or injury
			 reports, patient or resident records, photographs, etc.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 50 - OFFICE OF INSPECTOR GENERAL INVESTIGATIONS OF ALLEGED ABUSE, NEGLECT, OR FINANCIAL EXPLOITATION IN STATE-OPERATED FACILITIES AND COMMUNITY AGENCIES › Section 50.60 - OIG Procedures for Investigative Reports, Referrals, Reconsideration, and Clarification Requests

Current through Register Vol. 48, No. 28, July 12, 2024
a) Processing Investigative Reports
1) When OIG determines that abuse, neglect,
			 or Financial Exploitation of an individual is substantiated against an
			 employee, OIG shall note in the investigative report any Aggravating or
			 Mitigating Circumstances as those terms are defined in this Part.
2) When OIG substantiates neglect against an
			 employee, OIG shall make a determination in the investigative report if the
			 neglect is egregious, as defined herein.
3) Finalizing Investigative Reports and
			 Notifications to Community Agencies and Facilities
A) After determining the finding, for
			 substantiated cases and unsubstantiated cases, as well as any case containing
			 an OIG recommendation, OIG shall notify the Authorized Representative of the
			 Community Agency or facility by submitting a copy of the investigative report
			 to them. The Authorized Representative shall be responsible for maintaining the
			 confidentiality of the investigative report consistent with State and federal
			 law. For unfounded cases without recommendations, a letter of finding will be
			 sent to the facility or agency.
B)
			 The Community Agency or facility shall submit a written response when required
			 as described in Section
			 50.80.
4) After OIG completes its investigative
			 report, OIG shall notify, in addition to the facility or agency, the following
			 parties of its finding:
A) the
			 complainant;
B) the individual who
			 was allegedly abused, neglected, or financially exploited or their legal
			 guardian (if applicable); and
C)
			 the person(s) alleged to have committed the offense.
5) The notice provided to the following
			 parties shall identify the outcome of the investigation and include a statement
			 of the right to request clarification or reconsideration of the finding:
A) the individual who was allegedly abused,
			 neglected, or financially exploited or their legal guardian (if
			 applicable);
B) the person(s)
			 alleged to have committed the offense; and
C) the facility or
			 agency.
6) In
			 substantiated cases, OIG shall provide the perpetrator and the victim or
			 guardian with a redacted copy of the investigative report.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 50 - OFFICE OF INSPECTOR GENERAL INVESTIGATIONS OF ALLEGED ABUSE, NEGLECT, OR FINANCIAL EXPLOITATION IN STATE-OPERATED FACILITIES AND COMMUNITY AGENCIES › Section 50.80 - Written Responses

Current through Register Vol. 48, No. 28, July 12, 2024
There are multiple circumstances where OIG requires Community
				Agencies or Facilities to provide a written response to an investigative report
				or referral:
a) If OIG substantiates
			 abuse, neglect, or Financial Exploitation, or makes one or more recommendations
			 in its investigative report, the Community Agency or facility is required to
			 submit a written response on a prescribed form to the respective DHS program
			 division. The prescribed form will be sent to the Community Agency or facility.
1) The written response shall address the
			 actions that it will take or has taken to protect individuals from abuse,
			 neglect, or Financial Exploitation, prevent recurrence, and eliminate problems.
			 Each substantiated finding or recommendation shall be addressed
			 separately.
2) The written response
			 shall include the following information:
A)
			 Investigative findings and/or recommendations by OIG;
B) Specific actions for each finding or
			 recommendation, identifying the persons the actions address, if any;
C) Persons responsible for implementing each
			 action;
D) For each action, the
			 actual or anticipated completion date; and
E) Signature of the Authorized Representative
			 or, if the Authorized Representative is named in the investigation, the
			 President of the Board of Directors.
3) The written response shall be submitted to
			 the respective Department program division within 30 calendar days after
			 receiving the investigative report.
4) If a reconsideration request is received
			 by OIG, the written response is due within 15 calendar days after the
			 following:
A) The date the Community Agency or
			 facility is notified that the reconsideration is denied;
B) The date the Community Agency or facility
			 receives a revised cover letter based on a granted reconsideration indicating
			 the finding remains substantiated, or there are
			 recommendations.
5) If a
			 reconsideration request is granted and the revised cover letter indicates the
			 finding is unsubstantiated or unfounded and there are no recommendations, a
			 written response is no longer required.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 50 - OFFICE OF INSPECTOR GENERAL INVESTIGATIONS OF ALLEGED ABUSE, NEGLECT, OR FINANCIAL EXPLOITATION IN STATE-OPERATED FACILITIES AND COMMUNITY AGENCIES › Section 50.90 - Reporting by the Inspector General to the Illinois Department of Public Health's Health Care Worker Registry

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
			 employee's identity and the investigative finding will not be reported to the
			 Registry when:
1) OIG has issued an amended
			 investigative report, as a result of a reconsideration, that no longer contains
			 a substantiated finding;
2) The
			 Inspector General requests a stipulated disposition of the investigative report
			 and the Secretary of the Department of Human Services agrees with the requested
			 stipulated dismissal; or
3) The
			 employee has notified OIG in writing, including any supporting documentation,
			 that the employee is formally contesting an adverse employment action resulting
			 from a substantiated finding by a complaint filed with the Illinois Civil
			 Service Commission or has filed an action pursuant to any applicable collective
			 bargaining agreement; or
4) The
			 employee has requested a hearing to appeal the reporting of the employee's name
			 to the Registry and the hearing has not been completed.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 50 - OFFICE OF INSPECTOR GENERAL INVESTIGATIONS OF ALLEGED ABUSE, NEGLECT, OR FINANCIAL EXPLOITATION IN STATE-OPERATED FACILITIES AND COMMUNITY AGENCIES › Section 50.100 - Removal of an OIG Finding from the Illinois Department of Public Health's Health Care Worker Registry

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Pursuant to 20 ILCS
			 1305/1-17s(5), if an action taken by
			 an employer against an employee as a result of a finding of physical abuse,
			 sexual abuse, or egregious neglect is overturned through an action filed with
			 the Illinois Civil Service Commission or under any applicable collective
			 bargaining agreement and if that employee's name has already been sent to the
			 Registry, the employee's name shall be removed from the Registry..
b) An employee may petition, in writing, the
			 Department of Human Services for removal of the finding against the employee at
			 any time after OIG has reported the finding to the Registry, but not more than
			 once in every 12 months.
c) The
			 employee shall file the petition by email at DHS.BAH@illinois.gov or in writing
			 to the Division of Administrative Hearings, Department of Human Services,
			 Office of the General Counsel, 69 W Washington St,
			 4th Floor, Chicago IL 60602.
d) OIG shall conduct an investigation into
			 the petition.
e) Following the
			 investigation, the Department's Division of Administrative Hearings shall
			 conduct a hearing in accordance with 89 Ill. Adm. Code 508 and inform the
			 Department of its decision.
f) The
			 parties may jointly request that the administrative law judge consider a
			 stipulated disposition of the proceedings, and if the Secretary agrees with the
			 stipulated disposition, a hearing need not take place.
g) At the hearing, the petitioner shall have
			 the burden to demonstrate by a preponderance of evidence that removal of the
			 finding against the employee from the Registry is in the public
			 interest.
h) The hearing officer
			 shall take into account, but not be limited to, the following considerations:
1) Statement of the nature of the Physical
			 Abuse, Sexual Abuse, Egregious Neglect, or Financial Exploitation for which the
			 finding was placed on the Registry;
2) Evidence that the petitioner is now
			 rehabilitated, trained, or educated and able to perform duties in the public
			 interest;
3) Evidence of the
			 petitioner's conduct since OIG's finding was reported to the Registry;
			 and
4) Evidence of the petitioner's
			 candor and forthrightness in presenting information in support of the
			 petition.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 51 - OFFICE OF INSPECTOR GENERAL ADULTS WITH DISABILITIES ABUSE PROJECT (REPEALED) › Section 51.59 - Subpoena Authority

Current through Register Vol. 48, No. 28, July 12, 2024
The Office of the Inspector General has the power to subpoena
				witnesses and compel the production of books, papers, and documents, including
				financial records and medical records, pertinent to an assessment authorized by
				the Act. Mental health records of victims shall be confidential as provided
				under the Mental Health and Developmental Disabilities Confidentiality Act [740
				ILCS 110 ]. Financial records obtained during the course of an assessment are
				confidential and may be released only with the consent of the victim or
				victim's guardian or in response to a court order, a grand jury subpoena, or a
				subpoena from a law enforcement authority. [20 ILCS
				2435/59 ]
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 51 - OFFICE OF INSPECTOR GENERAL ADULTS WITH DISABILITIES ABUSE PROJECT (REPEALED) › Section 51.65 - Service Priority

Current through Register Vol. 48, No. 28, July 12, 2024
The Department has the authority pursuant to Section 35 (c) of
				the Abuse of Adults with Disabilities Intervention Act to:
a) Provide, on a priority basis, mental
			 health and developmental services through Department supported community
			 agencies or in state-operated facilities to eligible adults in substantiated
			 cases of abuse, neglect or exploitation; and
b) Waive, in an emergency, current
			 eligibility requirements of such facilities and agencies.
This Section shall not be interpreted to be in conflict with
				the standards for admission to residential facilities as provided in the Mental
				Health and Developmental Disability Code [405 ILCS 5 ].
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 101 - ADMINISTRATION › Section 101.20 - Service recipients activity fund in State-operated mental health and developmental centers

Current through Register Vol. 48, No. 28, July 12, 2024
In accordance with Section 20 of the Mental Health and
				Developmental Disabilities Administrative Act [20
				ILCS 1705/20 ], service recipients activity funds are
				established in the Department's mental health and developmental centers. The
				facility director/hospital administrator shall be responsible for receipts and
				expenditures from these funds in accordance with the following
				provisions:
a) Receipts to the fund
			 shall include:
1) Profits from the operation
			 of commissary stores, including vending machines;
2) Interest or dividend income derived from
			 deposits in financial institutions or from investments of unrestricted cash
			 funds in federal government securities or investments guaranteed or insured by
			 the federal government for the principal amount of the investment. Unrestricted
			 cash funds means those funds, gifts and donations as provided by Section 22 of
			 the Mental Health and Developmental Disabilities Administrative Act
			 [20 ILCS
			 1705/22 ], which are not restricted in their use for a
			 specific purpose by the donor; and
3) Proceeds from the disposition of
			 recipients' unclaimed personal property, including monetary assets in
			 accordance with 59 Ill. Adm. Code
			 110.10
			 (Disposition of Unclaimed Personal Property).
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 101 - ADMINISTRATION › Section 101.30 - Payments to the account of service recipients

Current through Register Vol. 48, No. 28, July 12, 2024
a) All payments made for the services charges
			 for present or former Department recipients in accordance with 59 Ill. Adm.
			 Code 106 (Services Charges) shall be in the form of check, draft or money order
			 made payable to the Illinois Department of Human Services.
b) Such payments shall be mailed to the
			 Department of Human Services, Bureau of Cash Management, 100 South Grand Avenue
			 East, Springfield IL 62762.
c) The
			 facility resource unit supervisor shall accept payments for services charges
			 for recipients in the form specified in subsection (a) of this Section. On
			 receipt of such payment, the facility resource unit supervisor shall forward a
			 reminder to the payer that any future payments must be made to the Bureau of
			 Cash Management as indicated in subsection (b) of this Section.
d) If cash payment is offered for services
			 charges for recipients to a facility resource unit supervisor or Department
			 attorney, the payer shall be instructed to obtain a money order, bank draft or
			 check and forward the same as indicated in subsection (b). The facility
			 resource unit supervisor may accept cash payments when the payer indicates that
			 he or she cannot obtain an instrument of payment due to age, infirmity, or
			 handicapping condition. Such cash payments shall be deposited in the trust fund
			 account of the recipient for whom the payment was made, with the name of the
			 payer entered in the trust fund records, if other than that of the recipient.
			 The payer shall be given a receipt for cash received, a copy of which the
			 facility shall retain. The payer shall be requested to submit future payments
			 in accordance with subsection (b).
e) Department attorneys may receive checks,
			 drafts, or money orders as payment toward or for a judgment entered by a court
			 for transmittal to the Bureau of Cash Management as indicated in subsection
			 (b).
f) Department employees shall
			 not accept payments made or offered to recipients' accounts for purposes or
			 reasons other than those specified in this Section.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 101 - ADMINISTRATION › Section 101.80 - Conflict of interest

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department of Human Services has various statutory responsibilities regarding
			 persons placed in nursing homes and sheltered-care homes which are subject to
			 State licensure. The Department's statutory duties include monitoring of the
			 levels of care given by the homes and input into the licensing process on such
			 matters as staffing and program. It is, therefore, mandatory that no employee
			 of the Department shall have any connection whatsoever with nursing homes or
			 sheltered care homes which may be considered a conflict of interest or which
			 may give rise to an inference that this connection may in any way influence the
			 Department in carrying out its statutory duties in the selection and monitoring
			 of homes for placement purposes. It is, therefore, Department policy that:
1) No employee of the Department whose job
			 classification is at the professional level (salary grade 12 and above) shall
			 serve in any capacity or have any connection as a full-time or part-time
			 employee of any nursing home or sheltered-care home whether or not the
			 Department is presently using that home for placement.
2) No employee shall act as a consultant,
			 either paid or unpaid, for any nursing home or sheltered-care home if such
			 consultation enables the home to meet its licensing requirements or to secure
			 Department approval for program or staffing.
3) No employee who has any connection
			 whatsoever with placement, follow-up care or program monitoring in nursing
			 homes or sheltered-care homes, shall accept any employment or act as a
			 consultant, either paid or unpaid, in any such facilities.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 101 - ADMINISTRATION › Section 101.90 - Specialized living centers

Current through Register Vol. 48, No. 28, July 12, 2024
A specialized living center shall be considered to be in
				compliance with Section 3.06 of the Specialized Living Centers Act
				[405 ILCS
				25/3.06 ] for the conduct, maintenance and operation
				of a specialized living center so long as it is licensed by the Illinois
				Department of Public Health as an intermediate care facility for the
				developmentally disabled and is in conformance with the Department of Public
				Health's rules at 77 Ill. Adm. Code 350.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 101 - ADMINISTRATION › Section 101.100 - Community mental health and developmental disabilities service provider participation fee trust fund

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Definitions
For the purposes of this Section, the following terms are
				defined:
"Actual payments." The absolute amount of Medicaid payments
				received by a provider from the Department, per written agreement, for the
				delivery of Medicaid-reimbursable services during the fee year.
"Applicable provider" or "provider." A community agency from
				which the Department purchases services through payments that are matched by
				federal funds under Medicaid and that the Department has determined to be
				subject to the provider participation fee.
"Days." Calendar days, unless otherwise specified.
"Department." The Department of Human Services.
"Fee." A fee that each applicable provider shall submit to the
				community mental health and developmental disabilities services provider
				participation fee trust fund.
"Fee year." The fiscal year beginning July 1 and ending June 30
				for which the fee amount applies.
"Fund." The community mental health and developmental
				disabilities services provider participation fee trust fund comprising the fees
				submitted by applicable providers, the interest accrued on the fees, and the
				related federal Medicaid matching funds.
"Medicaid." Medical assistance issued by the Illinois
				Department of Public Aid, under the provisions of Title XIX of the Social
				Security Act ( 42 USCA 1396(1998) ), for eligible recipients, including Aid to
				the Aged, Blind and Disabled (AABD), Temporary Assistance to Needy Families
				(TANF), Medical Assistance No Grant (MANG), and Refugee Repatriate Program
				(RRP) recipients as well as Title XIX eligible Department of Children and
				Family Services (DCFS) wards.
"Medicaid payments." Payments made by the Department for
				services covered under Medicaid for which the State receives federal matching
				funds.
"Medicaid reimbursed services." A service provided by a
				provider under an agreement with the Department for which the State receives
				reimbursement from the Medicaid program and which is subject to the fee
				process.
"Projected payments." The estimated amount of Medicaid payments
				to be received by a provider from the Department, per written agreement, for
				the delivery of Medicaid-reimbursable services during the fee year.
b) Fees
1) Calculation of projected fees
Each year the Department shall calculate a fee which shall be
				paid by applicable providers. The fee amounts due to the fund by applicable
				providers shall be based on the projected amount of Medicaid payments to be
				made by the Department to the provider for the year taking into
				consideration:
A) The unit rates for
			 services;
B) The units of service
			 billed by the assessed provider for the year prior to the fee year;
			 and
C) Any other factors which will
			 influence a change in the number of units of service to be billed during the
			 fee year.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 102 - DEPARTMENT CAMPUSES AND PROPERTY › Section 102.6 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of this Part, the following terms are
				defined:
"Administrator" means the chief administrator of a
				State-operated mental health center.
"Assistant Associate Director" means the Assistant Associate
				Director for Mental Health or Assistant Associate Director for State-operated
				Developmental Center (SODC) Operations, as appropriate for the
				center/program.
"Center/program" means a State-operated developmental
				disabilities facility or a State-operated mental health facility as defined by
				Sections 1-107 and 1-114 of the Mental Health and Developmental Disabilities
				Code [405 ILCS 5/1-107 and 1 -114].
"Director" means the chief administrator of a State-operated
				developmental disabilities facility or program.
"Individual" means a recipient of services as defined in
				Section 1-123 of Mental Health and Developmental Disabilities Code
				[405 ILCS
				5/1-123 ].
"Voluntary organization" or "organization" means private or
				not-for-profit organizations that have, as a purpose, the review or promotion
				of treatment or habilitation services to persons with mental disabilities.
				Voluntary organization does not include organizations or agencies authorized to
				have access to centers/programs pursuant to either the Guardianship and
				Advocacy Act [20 ILCS 3955 ] or the Protection and Advocacy for Developmentally
				Disabled Persons Act [405 ILCS 40 ].
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 102 - DEPARTMENT CAMPUSES AND PROPERTY › Section 102.30 - Fire Protection in Department Centers/Programs

Current through Register Vol. 48, No. 28, July 12, 2024
The Department adopts the rules of the Office of the State Fire
				Marshal at 41 Ill. Adm. Code 100 (Fire Prevention and Safety), 41 Ill. Adm.
				Code 140 (Policy and Procedures Manual for Fire Protection Personnel), 41 Ill.
				Adm. Code 160 (Storage, Transportation, Sale and Use of Gasoline and Volatile
				Oils: Rules and Regulations Relating to General Storage), 41 Ill. Adm. Code 170
				(Storage, Transportation, Sale and Use of Petroleum and Other Regulated
				Substances), 41 Ill. Adm. Code 180 (Storage, Transportation, Sale and Use of
				Gasoline and Volatile Oils), 41 Ill. Adm. Code 200 (Storage, Transportation,
				Sale and Use of Liquified Petroleum Gas), 41 Ill. Adm. Code 250 (Fire Equipment
				Distributor and Employee Standards), and 41 Ill. Adm. Code 300 (Furniture Fire
				Safety Regulations).
a) General
			 provisions
Each Department center/program shall have a master fire plan
				that shall include, at a minimum, that:
1) fire regulations are posted and
			 communicated;
2) sprinkler systems,
			 fire hoses, fire detection and alarm devices, and other fire safety equipment,
			 are maintained in a fully functional condition at all times;
3) fire detection and protection systems are
			 inspected, tested and serviced as required for compliance with the standards of
			 the Office of the State Fire Marshal and the Illinois Department of Public
			 Health;
4) interim life safety
			 measures are implementing to compensate for the temporary interruption of fire
			 safety systems and installations during periods of system failure and
			 construction;
5) evacuation
			 procedures protect the safety and well-being of all persons at all
			 times;
6) employees are instructed
			 in fire notification procedures and the use of alarm and signal
			 systems;
7) situations when
			 employees are to attempt to contain fires are identified;
8) there is advance planning for evacuation
			 of non-ambulatory individuals in a prompt and safe manner; and
9) there is a displacement plan for the
			 temporary housing of individuals and staff in the event there is a fire that
			 hinders the center's/program's ability to provide for safe occupancy in any
			 portion of the center/program.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 102 - DEPARTMENT CAMPUSES AND PROPERTY › Section 102.40 - Emergency/Disaster Response Plans

Current through Register Vol. 48, No. 28, July 12, 2024
In the event of an emergency or disaster, such as an
				earthquake, tornado, flood, fire or man-made occurrence that threatens the
				safety and well-being of individuals, centers/programs shall comply with their
				emergency/disaster response plans.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 103 - GRANTS › Subpart A - SYSTEM DESIGN › Section 103.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
In accordance with the Community Services Act [405 ILCS 30 ],
				  this Part establishes the Department's policies and procedures which are
				  necessary to fund community agencies and programs which are eligible to receive
				  grant-in-aid funding.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 103 - GRANTS › Subpart A - SYSTEM DESIGN › Section 103.15 - Incorporation by reference

Current through Register Vol. 48, No. 28, July 12, 2024
Any rules of any 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 103 - GRANTS › Subpart A - SYSTEM DESIGN › Section 103.20 - Geographic service area

Current through Register Vol. 48, No. 28, July 12, 2024
Agency plans shall be developed, presented, and reviewed in
				  the context of the needs and resources within the geographic service area(s) to
				  be served. The objectives stated in the plan shall be integrated into the
				  development of the objectives of a community-based delivery system which is
				  serving individuals through services or a network of services.
a) The agency shall define and describe the
				specific geographic area to be served by each program. Agencies are required to
				provide services in the grant-funded programs, up to the program's capacity and
				capability, for individuals in the target group who need such
				services.
b) All persons requesting
				services from any Department-funded agency shall receive a preliminary
				evaluation and be provided with immediate crisis intervention, if needed,
				regardless of their home area. The agency receiving the request for services
				shall, if funded for these services, provide the services. If the agency is not
				funded to provide these services, an immediate referral shall be made to an
				agency nearby which is funded to provide such services. The agency receiving
				the referral shall, then, provide the services as requested. Pursuant to the
				individual's consent in accordance with the Confidentiality Act, linkage to the
				individual's home area must be undertaken with an agency most suitable for
				responding to the individual's treatment and training needs.
c) Agencies receiving federal Community
				Mental Health Services (CMHS) Block Grant funds ( 42 U.S.C.A. 300x et seq.
				(1996), Subpart I and III, Part B, Title XIX, Public Health Services Act, 45
				CFR 96(1996) ) through State financing shall assure that individuals admitted
				to Department facilities are screened and determined appropriate for that level
				of care or provide other treatment alternatives within the local
				community.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 103 - GRANTS › Subpart A - SYSTEM DESIGN › Section 103.50 - General program requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Agencies funded by the Department shall meet the following
				  general program requirements for all funded services:
a) Service setting
Services shall be provided in the setting most appropriate to
				  the needs of the individual. This may include the individual's home, the
				  agency, or the community. All settings shall be used innovatively in order to
				  reach the target populations.
b) Recordkeeping
1) Cumulative case records including an
				individualized service plan shall be maintained for each person.
2) The individualized service plan shall
				state the goals for each individual. The individual shall be afforded the
				opportunity and encouraged to participate in goal/objective selection.
				Goals/objectives shall include timeframes specified by the agency's
				professional staff, in consultation with the individual and relevant
				collaterals.
"Individualized service plan", as used herein, refers to and
				  is equivalent to "individual treatment plan" and "individual habilitation
				  plan".
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 103 - GRANTS › Subpart A - SYSTEM DESIGN › Section 103.65 - Programs eligible for grants

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Mental health services
The following services, and others that may not be listed
				  herein, are eligible for State support in whole, or in part, by the Department
				  for the provision of community-based mental health services for eligible
				  clients.
1) Outpatient mental health
				services;
2) Screening, assessment
				and support services (SASS);
3)
				Community integrated living arrangements (CILA);
4) Day mental health services; or
5) Residential mental health
				services.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 103 - GRANTS › Subpart A - SYSTEM DESIGN › Section 103.70 - Special organizational structures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Comprehensive community mental health
				centers
1) As a part of the Public Health
				Services Act, Title XIX, Part B ( 42 U.S.C.A. 300x(1996) ) the CMHS Block Grant
				funds services provided to persons with mental illness by comprehensive
				community mental health centers.
2)
				Comprehensive community mental health centers receiving CMHS funds shall
				provide specialized outpatient services, 24-hour a day emergency care, day
				treatment or other partial hospitalization, screening to determine the
				appropriateness of admissions to State mental health facilities and
				consultation and education services. Agencies receiving block grant funds shall
				also provide services to individuals residing in a defined geographic area,
				with special attention to persons with severe and persistent mental illness,
				regardless of ability to pay, current or past health condition, or any other
				factor. These services shall be available and accessible promptly and in a
				manner which preserves human dignity and assures continuity and high quality
				care.
3) CMHS Block Grant funds
				shall not be used to: provide inpatient services; purchase or improve land,
				purchase, construct or permanently improve (other than minor remodeling) any
				building or other facility, or purchase major medical equipment; satisfy any
				requirements for the expenditures of non-federal funds as a condition for the
				receipt of federal funds; provide financial assistance to any entity other than
				a public or nonprofit private entity; or make cash payments to intended
				individuals.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 103 - GRANTS › Subpart A - SYSTEM DESIGN › Section 103.80 - Monitoring and evaluation

Current through Register Vol. 48, No. 28, July 12, 2024
The agency shall agree to participate in a monitoring and
				  evaluation system as described in the grant agreement.
a) Evaluation methodologies
Agencies shall develop evaluation methodologies that address
				  the issues of the effective and efficient use of program resources; for
				  example, quality assurance, utilization review, and professional services
				  review organization. The agency shall also provide documentation of the
				  implementation of these evaluation methodologies and demonstrate how the
				  information gained through evaluation efforts is used in the planning process.
				  The Department shall review and provide consultation in this evaluation
				  effort.
b) Monitoring
Monitoring is the review of the agency's compliance with
				  contractual obligations, applicable administrative rules and legislation and
				  insuring that Departmental funds are spent appropriately for services as
				  specified in the grant agreement. Monitoring may include desk review and site
				  review of agency performance.
c) Performance indicators
Performance indicators shall be established for each agency
				  as a part of the annual grant negotiation process. Performance indicator data
				  shall be routinely distributed to the agency as part of the monitoring process.
				  Previous data on performance indicators shall be included in this distribution
				  to allow for analysis of change in functioning over time.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 103 - GRANTS › Subpart B - OPERATIONAL PROCEDURES › Section 103.95 - Grant negotiation process

Current through Register Vol. 48, No. 28, July 12, 2024
A number of factors enter into the grant negotiation process,
				  including, but not limited to:
a) A
				review of program expenses for the budget year and the past year;
b) Whether the agency provided the level of
				services budgeted for in prior years;
c) Number of individuals to be
				served;
d) Characteristics of
				individuals to be served (such as, disability or severity);
e) Cost per unit of service;
f) Other funding sources (such as, other
				State agencies, local governmental units, third party payors or individual
				fees);
g) Services proposed to be
				funded versus those outlined in the Department's annual plan;
h) The agency's current financial
				status;
i) The agency's ability to
				meet its own established goals;
j)
				Impact of recent Department audit findings or independent audit report
				conditions on the agency's operation;
k) Maintenance of effort needs; and
l) Performance indicators.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 103 - GRANTS › Subpart B - OPERATIONAL PROCEDURES › Section 103.120 - Audits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each agency
				receiving a grant from the Department shall have an annual independent audit as
				of the close of its fiscal year. This audit shall be performed in accordance
				with Section 89 Ill. Adm. Code 507.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 103 - GRANTS › Subpart B - OPERATIONAL PROCEDURES › Section 103.130 - Department review and hearing process

Current through Register Vol. 48, No. 28, July 12, 2024
In order to assure that agencies have input and recourse to
				  fiscal and programmatic decisions which directly affect them, a Department
				  review and hearing process is established and available to each
				  Department-funded agency:
a) Grant
				award re-evaluation process
1) An agency may
				request a review of the following decisions of the Department concerning an
				award of funds:
A) Differences or changes in
				the elements considered in the funding negotiations with the Department as
				specified in Section
				103.90;
				or
B) Decisions which countermand
				previous commitments made to the agency.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 103 - GRANTS › Subpart B - OPERATIONAL PROCEDURES › Section 103.150 - Agency plan

Current through Register Vol. 48, No. 28, July 12, 2024
a) The agency
				shall submit an agency continuation application prior to the beginning of the
				fiscal year. The purpose of the continuation application is to provide
				documentation of service and service contracting in order to permit
				continuation of grant payment into the new fiscal year. A complete agency plan
				shall be submitted after the beginning of the fiscal year.
b) All agencies are required to submit their
				data on forms prescribed by the Department.
c) Hereafter, in this Section and other
				Sections of this Part, " agency plan" shall refer to the currently approved
				program service and funding plan.
d) The agency plan when fully executed as
				part of the grant agreement, serves as the formal statement of mutual
				expectations between the Department and the agency regarding contracted levels
				of service, costs and funding levels. The agency plan is a combination service
				plan and budget. It identifies what services will be provided, to what target
				group and the geographical area to be served. In addition, it identifies how
				the services will be financed, and through what budget items and funding
				sources. It becomes formalized documentation of the agreement between the
				Department and the agency through mutual execution of the grant
				agreement.
e) An agency not funded
				by the Department or whose funding has been canceled pursuant to Section
				103.190(e)
				shall submit verification of status as a not-for-profit organization, a
				complete agency plan on forms prescribed by the Department and shall execute a
				signed grant agreement prior to commencement of funding.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 103 - GRANTS › Subpart B - OPERATIONAL PROCEDURES › Section 103.160 - Grant agreement and addenda

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definition of grant agreement
When fully executed, the grant agreement is the obligating
				  instrument providing the basis for the Departmental financial participation in
				  grant-in-aid programs, and which formalizes the contractual relationship
				  between the Department and the agency, indicating the amount of Department
				  funds which will be paid to the agency for the provision of services as
				  described in the grant agreement and the agency plan.
b) Contents of grant agreement
The grant agreement shall specify the general services to be
				  provided, the general terms and conditions of the agreement and may specify
				  additional terms and conditions for specific services provided by the
				  agency.
c) Preparation
				responsibilities
The Department is responsible for preparing the grant
				  agreement, designating the appropriate addenda, and forwarding it to the
				  agency. The agency shall sign the grant agreement and return it to the
				  Department. The Department agent's signature shall be affixed thereby approving
				  the grant agreement. An approved and executed copy shall be returned to the
				  agency.
d) Provisions of
				the grant agreement
Provisions, as referenced in the grant agreement when
				  applicable, and as described below become part of the grant agreement.
1) Non-discrimination
A) The agency agrees to comply with Title VI
				of the Civil Rights Act of 1964 ( 42 U.S.C.A. 2000d(1996) ) and all
				requirements imposed by or pursuant to the regulation of the U.S. Department of
				Health and Human Services ( 45 CFR 80(1996) ) issued pursuant to that Title, to
				the end that, in accordance with Title VI of that Act and the regulation, no
				person in the United States shall, on the grounds of sex, race, color, or
				national origin be excluded from participation in, be denied the benefits of,
				or be otherwise subjected to discrimination under any program or activity for
				which the grantee receives federal or State financial assistance from the
				grantor. Grantee hereby gives assurance that it will immediately take any
				measures necessary to effectuate this grant agreement.
B) The agency agrees to comply with Title VII
				of the Civil Rights Act of 1964 ( 42 U.S.C.A. 2000e(1996) ) and not
				discriminate in the hiring or employment of staff on the basis of race, color,
				national origin, age, disability or sex.
C) The agency agrees to comply with the
				Americans With Disabilities Act of 1990 (
				42 U.S.C.
				12101 -
				12213(1996)
				and 47 U.S.C. 225 and 611 (1996) ) and all requirements imposed by or pursuant
				to the regulations of the U.S. Department of Health and Human Services issued
				pursuant to that statute, to the end that no otherwise qualified individual
				shall be discriminated against on the basis of handicap in the provision of
				services.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 103 - GRANTS › Subpart B - OPERATIONAL PROCEDURES › Section 103.170 - Agency plan compliance

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				principles and procedures in subsections (c) through (e) of this Section do not
				replace any of the Departmental accountability standards and procedures
				currently in effect; rather, they are intended to clarify responsibilities for
				assuring compliance with all Departmental policy as it relates to the agency
				plan.
b) Principles
1) All agencies are accountable for the
				performance levels specified in their agency plans. Variances between the
				agency plan and an agency's actual performance as submitted to the reporting
				system shall be reviewed by the Department staff. Services shall be reported as
				event mode, day mode, residential mode services or other mutually negotiated
				measurements. An agency must be able to explain these variances to the
				Department's request.
2) The
				analysis of financial and statistical variances is not, in itself, an exercise
				in quality assessment. Variances are principally quantitative measures which
				should be used as an administrative guide in reviewing program
				performance.
3) The delivery of
				human services is not always predictably quantifiable in precise terms;
				variances, therefore, are not always meaningful measures.
4) All negative variances of 15% or greater
				in contracted units of service (direct service staff hours, direct service
				individual (client) hours, and days of care) shall be reviewed. Documentation
				shall be provided to the Department by the agency identifying the variance, the
				reason for the variance and action which the agency shall take to correct the
				variance.
5) The variance levels
				described in subsection (b) (4) of this Section are not intended to define an
				acceptable level of service but serve only as a "management flag" identifying
				the point beyond which formal documentation is required for Department
				review.
6) In applying these
				principles, it is important for the mutual expectations between the Department
				and the agency to be clearly established and for discussions regarding these
				expectations to be ongoing.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 103 - GRANTS › Subpart B - OPERATIONAL PROCEDURES › Section 103.180 - Prerequisites for disbursement of funds

Current through Register Vol. 48, No. 28, July 12, 2024
a) Agencies are required to submit a
				continuation application for the forthcoming year prior to commencement of the
				fiscal year, within timeframes as established by and using forms prescribed by
				the Department.
b) Agencies are
				further required to submit a full agency plan for the Department's review and
				approval within timeframes as established by and using forms prescribed by the
				Department.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 103 - GRANTS › Subpart B - OPERATIONAL PROCEDURES › Section 103.210 - Reallocation

Current through Register Vol. 48, No. 28, July 12, 2024
Reallocation of funds
Agencies may transfer funds between programs within the
				  agency plan guidelines distributed by the Department. Agencies desiring to
				  reallocate funds in excess of agency plan guidelines must request this
				  reallocation in writing prior to the expiration of the grant agreement.
				  Authorization to transfer these funds within the agency plan guidelines
				  distributed by the Department will be allowable, with justification, unless the
				  Department indicates to the contrary within 30 days after notification. The
				  agency must request this reallocation by registered mail prior to the end of
				  the fiscal year.