reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 120 - MEDICAID HOME AND COMMUNITY-BASED SERVICES WAIVER PROGRAM FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subpart B - SYSTEM COMPONENTS › Section 120.65 - Conflict of interest-free case management

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall contract ISC agencies
				to provide conflict of interest-free case management, as described in
				42 CFR
				441.301(c)(1)(vi).
b) Case management shall include, but not be
				limited to:
1) Determination of eligibility.
				In accordance with Section
				120.140, the Department has the
				responsibility to oversee the accuracy, quality, and appropriateness of
				functions provided by ISC agencies and reserves the right to review and approve
				or reject determinations of eligibility made by ISC agencies.
2) Development and annual update of the
				Personal Plan as described in
				42 CFR
				441.301(c)(1)(vi) and
				Section 120.160(b).
3) Enrolling and maintaining Individuals in
				PUNS.
4) Ensuring the provision of
				informed choice of all services (including State Plan, entitlement services,
				unpaid, and natural supports) and providers.
5) Collaboration with service providers to
				ensure Individual's health, safety, welfare, well-being, and satisfaction with
				services funded by DDD, and as such, addressing problems related to outcomes
				and quality.
6) Supporting
				Individuals, including but not limited to, advocacy, exercising rights, and
				securing and maintaining services.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 120 - MEDICAID HOME AND COMMUNITY-BASED SERVICES WAIVER PROGRAM FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subpart B - SYSTEM COMPONENTS › Section 120.70 - Service provider requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) New and current provider agencies must be
				enrolled as a Medicaid provider in the Illinois Medical Program Advanced Cloud
				Technology (IMPACT) system with HFS.
b) The provider shall meet Department
				standards applicable to the specific services to be provided and shall
				demonstrate competency to provide services.
c) Service providers shall:
1) Meet the fiscal, program, and reporting
				requirements of the Medicaid HCBS Waiver programs
2) Be willing to serve eligible individuals
				from a variety of backgrounds including, but not limited to, former or
				potential residents of State-operated facilities or ICF/DDs;
3) Comply with applicable Medicaid provider
				requirements, appropriate licensure procedures, and/or standards, as well as
				Department operational procedures for purchase of service or grant programs
				(see the Department's Rules at 59 Ill. Adm. Code 103, 113, 115 and 119);
				and
4) Comply with intake,
				assessment, monitoring, and billing procedures established for services under
				this Part.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 120 - MEDICAID HOME AND COMMUNITY-BASED SERVICES WAIVER PROGRAM FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subpart B - SYSTEM COMPONENTS › Section 120.80 - Program assurances

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to program requirements specified in other
				  Sections of this Part, assurances for the Medicaid HCBS Waiver Program will
				  include:
a) Level of care determination
An evaluation and periodic (at least annual) reevaluations of
				  the Individual's need for the level of care provided in an ICF/DD, as defined
				  by 42 CFR
				  483.400 through
				  483.480, shall be conducted for an
				  Individual when there are indications (see
				  42 CFR
				  483.440 (a)) that the
				  Individual might need such services in the near future.
b) Informing Individuals of choice
All Individuals participating in HCBS Waivers must have a
				  Personal Plan (see Section
				  120.160) which facilitates
				  Individual choice regarding services and supports, and who provides them, per
				  42 CFR
				  441.301(c)(4)(v).
c) Average per capita expenditures
The average per capita Medicaid expenditures, including HCBS
				  Waiver services, will not exceed 100 percent of the average per capita
				  expenditures that would have been made under the Medicaid State Plan for the
				  levels of care specified for this waiver had the waiver not been granted. The
				  State must therefore limit participating Individuals and expenditures under
				  this program to meet the per capita cost requirements.
d) Rate methodology
Rates for reimbursement of program services shall be
				  established by the Department and approved by HFS. Rate levels shall be
				  determined for each type of Medicaid HCBS Waiver service by unit of service
				  provided, e.g., per hour, per day. Providers shall receive written notification
				  of rates and rate changes at least annually.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 120 - MEDICAID HOME AND COMMUNITY-BASED SERVICES WAIVER PROGRAM FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subpart B - SYSTEM COMPONENTS › Section 120.90 - Department audit

Current through Register Vol. 48, No. 28, July 12, 2024
The Department requirements for service providers annual
				  audits are found in 89 Ill. Adm. Code 507 Section.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 120 - MEDICAID HOME AND COMMUNITY-BASED SERVICES WAIVER PROGRAM FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subpart B - SYSTEM COMPONENTS › Section 120.95 - Electronic Signatures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Electronic signature or computer-generated signature codes are acceptable as
				authentication of record content.
b) In order for a provider or ISC agency to
				employ electronic signatures or computer-generated signature codes for
				authentication purposes, the provider or ISC agency must adopt a policy that
				permits authentication by electronic or computer-generated signature.
c) At a minimum, the electronic or
				computer-generated signature policy shall include adequate safeguards to ensure
				confidentiality of the codes, including, but not limited to, the following:
1) Each user must be assigned a unique
				identifier that is generated through a confidential access code.
2) The provider or ISC agency must certify in
				writing that each identifier is kept strictly confidential. This certification
				must include a commitment to terminate a user's use of a particular identifier
				if it is found that the identifier has been misused. "Misused" shall mean that
				the user has allowed another person or persons to use their personally assigned
				identifier, or that the identifier has otherwise been inappropriately
				used.
3) The user must certify in
				writing that the user is the only person with user access to the identifier and
				the only person authorized to use the signature code.
4) The provider or ISC agency must monitor
				the use of identifiers periodically and take corrective action as needed. The
				process by which the provider or ISC agency will conduct monitoring shall be
				described in the electronic or computer-generated signature policy.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 120 - MEDICAID HOME AND COMMUNITY-BASED SERVICES WAIVER PROGRAM FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subpart C - INDIVIDUAL RIGHTS AND RESPONSIBILITIES › Section 120.100 - Overview of rights

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Observation and protection of rights of Individuals
1) The observation and protection of rights
				of Individuals receiving developmental disability services in the public and
				the private sector as set forth in Chapter 2 of the Code, except that the use
				of Seclusion will not be permitted, are applicable to all Sections of this
				Part.
2) Individuals receiving HCBS
				Waiver services must be free from:
A) Abuse,
				neglect, and financial exploitation, pursuant to 59 Ill. Adm. Code
				50.10.
B) Seclusion and coercion.
C) Restraint (other than what is allowed and
				directed pursuant to statutes and administrative rules applicable to the
				program (i.e., 59 Ill. Adm. Code 115, 59 Ill. Adm. Code 119, 89 Ill. Adm. Code
				401, 89 Ill. Adm. Code 403, 89 Ill. Adm. Code 384,
				210 ILCS
				35/18, and
				77 Ill. Adm. Code 370).
3) Service providers shall ensure
				that Individuals, guardians, and others designated by the Individual receive a
				complete explanation of their rights, as documented in the IL 462-1201 form,
				and responsibilities at the time of service initiation, annually thereafter,
				and on request.
4) The ISC shall
				complete the Rights of Individuals form (IL 462-1201) with Individual and/or
				guardian signing the document at the time of service initiation, annually
				thereafter, and on request.
5) The
				justification for any restriction of Individual's HCBS Waiver rights, as
				indicated in Section 120.70(e)(6)(A) through
				(E), shall be:
A) Documented in the Individual's Personal
				Plan and Implementation Strategy pursuant to Section
				120.160.
B) Reviewed and approved by the provider
				agency's Human Rights Committee before the restriction is
				implemented.
6) An
				Individual's confidentiality shall be governed by the Mental Health and
				Developmental Disabilities Confidentiality Act [740 ILCS 110
				].
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 120 - MEDICAID HOME AND COMMUNITY-BASED SERVICES WAIVER PROGRAM FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subpart C - INDIVIDUAL RIGHTS AND RESPONSIBILITIES › Section 120.110 - Appeals and fair hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Individual, parents, guardian, or the Individual's representative may appeal
				the following actions:
1) Refusal of the
				Division or ISC agency to accept a request for Waiver program
				enrollment.
2) Failure of the
				Division or ISC agency to act on a request for services within the mandated
				time period.
3) Denial of a
				requested Waiver service by the Division or ISC agency (i.e., Individual in
				Home-Based Supports and is now requesting Assistive Technology).
4) Denial of clinical eligibility by the
				Division or an ISC agency.
5)
				Suspension, termination, or reduction of services by the Division or a provider
				agency.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 120 - MEDICAID HOME AND COMMUNITY-BASED SERVICES WAIVER PROGRAM FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subpart C - INDIVIDUAL RIGHTS AND RESPONSIBILITIES › Section 120.120 - Individual's responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Information to establish eligibility
The Individual shall provide, as able, the factual
				  information necessary to establish eligibility, including the consent to
				  release information as provided for in Section
				  120.100(c). The
				  ISC agency or service provider, with the consent of the Individual, may assist
				  in obtaining such information.
b) Reporting changes in personal information
				and services
1) It is the responsibility of
				the Individual or guardian to report all changes in circumstances (including
				change in address, housing arrangements, income or assets, or eligibility for
				other benefits or programs) to the Department and to the provider within five
				working days after the change.
2)
				It is the responsibility of the Individual or guardian to report changes in
				services currently provided by other entities which might affect the extent of
				supports or services provided through the Medicaid HCBS Waiver Program. Such
				information shall be reported to the provider.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 120 - MEDICAID HOME AND COMMUNITY-BASED SERVICES WAIVER PROGRAM FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subpart D - OPERATIONAL PROCEDURES › Section 120.140 - Eligibility criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Individual's age shall be within guidelines set forth by the Adults with
				Developmental Disabilities Waiver, Children's Residential Waiver, or the
				Children's Support Waiver at the time services are initiated.
b) The Individual shall be a resident of
				Illinois.
c) Prior to Medicaid
				waiver enrollment, an ISC agency shall assess the Individual and determine that
				a developmental disability is present, that the Individual could benefit from
				active treatment, and that the Individual does not require 24-hour nursing
				care.
1) Individuals shall be given a choice
				of alternative services through the pre-admission screening process. The choice
				shall include both ICF/DD and Home and Community-Based Waiver services, which
				are an alternative to ICF/DD placement.
2) The criteria for this determination are
				contained in HFS' rule at 89 Ill. Adm. Code
				140.642.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 120 - MEDICAID HOME AND COMMUNITY-BASED SERVICES WAIVER PROGRAM FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subpart D - OPERATIONAL PROCEDURES › Section 120.150 - Eligibility determination

Current through Register Vol. 48, No. 28, July 12, 2024
a) HFS
				shall determine the Individual's financial eligibility per 89 Ill. Adm. Code
				120.
b) Individuals shall be served
				by the ISC agency that is located in the geographic area where the person
				resides. The ISC agency shall be responsible for:
1) Compiling information as needed for the
				determination of clinical eligibility pursuant to Section
				120.140; and
2) Completing a determination of HCBS Waiver
				eligibility pursuant to the criteria in Section 120.140.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 120 - MEDICAID HOME AND COMMUNITY-BASED SERVICES WAIVER PROGRAM FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Subpart D - OPERATIONAL PROCEDURES › Section 120.160 - Person-Centered Planning

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Individuals who are or who will be enrolled in an HCBS Waiver Program,
				guardians, ISC agencies, and provider agencies shall comply with
				Person-Centered Planning requirements pursuant to
				42 CFR
				441.301(c)(1) through (c)(3)
				and as set forth by the Department. The Person-Centered Planning process:
1) Must be driven by the Individual who is or
				who will be enrolled in an HCBS Waiver Program. The ISC agency shall facilitate
				the process and the guardian must be included. Other persons invited by the
				Individual and agencies currently providing services shall be invited to
				contribute to the process.
2)
				Provides necessary information and support to ensure that the Individual
				directs the process to the maximum extent possible and is enabled to make
				informed choices and decisions.
3)
				Is timely and occurs at times and locations of convenience to the
				Individual.
4) Reflects cultural
				considerations of the Individual and is conducted by providing information in
				plain language and in a manner that is accessible to Individuals with
				disabilities and persons who have limited English proficiency.
5) Includes strategies for solving conflict
				or disagreement within the process, including clear conflict of interest
				guidelines for all planning participants.
6) Is initiated and overseen by a conflict of
				interest-free case management entity as indicated in Section
				120.65. Providers of HCBS Waiver
				services, or those who have an interest in or are employed by a provider of
				HCBS Waiver services must not provide case management or develop the Personal
				Plan.
7) Offers informed choices to
				the Individual regarding the services and supports that they receive and from
				whom.
8) Includes a method for the
				Individual to request updates to the plan as needed.
9) Records the alternative home and
				community-based settings that were considered by the Individual.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 125 - RECIPIENT DISCHARGE/LINKAGE/AFTERCARE › Subpart A - GENERAL PROVISIONS › Section 125.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) The intent of
				this Part is to define and describe the role of the Department of Human
				Services once the decision has been made by direct service personnel that a
				recipient is a candidate for discharge from a State-operated facility. A person
				shall not remain in a State-operated facility after it has been clinically and
				professionally determined that therapeutic services as defined within the
				Mental Health and Developmental Disabilities Code [405 ILCS 5 ] are no longer
				needed by the recipient. Adequate discharge planning, linkage and aftercare
				within an appropriate setting with individualized follow-up services will be
				provided for each recipient. Recipients will not be discharged from
				State-operated facilities without assurance that linkage will occur, unless the
				recipient refuses individualized follow-up services.
b) The policies and procedures within this
				document are consistent with the statutes which contain the Mental Health and
				Developmental Disabilities Code and the Mental Health and Developmental
				Disabilities Administrative Act [20 ILCS 1705 ] and provide uniform direction
				to Department employees beginning with the decision to discharge a recipient
				and continuing through the follow-up process. The approach contained in this
				Part should enhance the quality of delivery of services to recipients and
				provide for improved public accountability.
c) This Part shall be used to assist in the
				orientation and training of staff as well as to provide guidance which may be
				necessary on a day-to-day basis. It is written in such a way that the policy
				expectations of the Department in terms of the roles and responsibilities of
				those involved in the discharge/linkage/aftercare process are addressed,
				including:
1) Central Office
				personnel;
2) Department facility
				and regional personnel;
3)
				Follow-up staff; and
4) Community
				providers.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 125 - RECIPIENT DISCHARGE/LINKAGE/AFTERCARE › Subpart B - SYSTEM COMPONENTS › Section 125.30 - Overview

Current through Register Vol. 48, No. 28, July 12, 2024
a) Department
				facilities are primarily intensive treatment/habilitation resources which
				provide therapeutic services to recipients unable to adjust to community
				settings. As recipients respond to the intensive services provided in
				Department facilities, they are encouraged to attain greater degrees of
				independence in alternate living situations within the community, either in
				their homes, or in residential facilities.
b) The optimal transition of recipients from
				State-operated facilities requires active interaction among public and private
				sector service providers. The components described in this Part, including the
				regional discharge/linkage/aftercare (DLA) plan, discharge planning, and
				interagency agreements, are designed to facilitate such interaction. Full
				implementation of these components should result in the enhancement of the
				quality of the service system and provide improved public
				accountability.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 125 - RECIPIENT DISCHARGE/LINKAGE/AFTERCARE › Subpart B - SYSTEM COMPONENTS › Section 125.40 - Regional DLA plan

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each region
				shall develop a regional DLA plan which articulates how the region will
				implement the policies and procedures contained in this Part.
b) The plan must be developed to assure the
				quality, effectiveness and continued appropriateness of aftercare services for
				each recipient discharged from state-operated facilities and to provide an
				audit trail which includes documentation and records to identify and track
				recipients, to evaluate quality and quantity of services delivered, to monitor
				fiscally and for compliance with related statutes and regulations as well as
				compliance with responsibilities and functions outlined in this Part.
c) The content of the plan shall include:
1) Discussion of the regional DLA network,
				its strengths, deficiencies and direction, and identification of those portions
				of the network with which there will be written interagency
				agreements.
2) Designation of DLA
				staff responsibilities in the regional office, at state-operated facilities
				and/or community agencies for functions required by this Part.
3) Designation of case coordinator model(s)
				to be used in the region.
4)
				Assessment of licensed long-term care facility staff training needs and
				training plans to address these needs.
5) Procedures for handling mandated follow-up
				monitoring, transfers and terminations.
6) Interagency agreements.
7) Procedures for reporting, with recipient
				consent, to the referring agency/facility that a recipient is not referred for
				aftercare treatment/habilitation services.
8) Process for developing and maintaining
				required records and reporting.
9)
				Procedures for the dissemination of regional DLA plan.
10) Time frame for implementation of the DLA
				plan.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 125 - RECIPIENT DISCHARGE/LINKAGE/AFTERCARE › Subpart B - SYSTEM COMPONENTS › Section 125.70 - Interagency agreements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Recipients shall be referred from state-operated facilities to supportive
				community programs in ways which insure the continuity of needed services.
				Interagency coordination then is an essential element for improving the
				capacity of the services system to provide necessary support. Written
				interagency agreements facilitate the establishment, as well as the
				understanding and observance of the agreements by various personnel associated
				with the organizations.
b) Each
				Department region and/or State-operated facility must maintain current written
				linkage agreements as part of its DLA plan with appropriate community agencies
				involved in the network of services in that region. The following elements are
				suggested for consideration in the development of these interagency agreements.
1) Clear statement of the purpose of the
				agreement between parties, identifying specific programs to be effected, with
				delineation of goals and measurable objectives for the terms of the
				agreement.
2) Definitions of any
				terms that could be ambiguous between the parties.
3) Specific actions, roles and
				responsibilities of each party to the agreement as well as mutual
				responsibilities.
4) Designation of
				staff position(s) within each agency responsible for:
A) Implementing the agreement as
				specified;
B) Monitoring the
				implementation;
C) Negotiating
				change when necessary to update agreement;
D) Resolving disagreements.
5) General administrative
				procedures for parties affected by the agreement (i.e., specified time period
				for agreement, mechanism for updating/revising, scheduling meetings,
				confidentiality safequards, referral mechanisms, information sharing, and other
				assurances).
6) Evaluation design
				specified and agreed upon by all parties to be used in monitoring
				implementation of agreement; identification of person(s) responsible for
				evaluating and sanctions agreed on to assure its implementation.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 125 - RECIPIENT DISCHARGE/LINKAGE/AFTERCARE › Subpart B - SYSTEM COMPONENTS › Section 125.80 - Recipient financial support

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				During DLA planning, financial support for the recipient's continued
				treatment/habilitation services and other needs must be considered. Designated
				staff will assist the recipient, family or guardian in understanding their
				respective liabilities for treatment/habilitation and in accessing available
				financial resources. The required authorizations to investigate or access
				assets, income or benefits must be secured.
b) Sources to contact for information are the
				recipient, family or guardian at admission, during treatment/habilitation or
				prior to discharge. Sources which may be considered include insurance carriers,
				funding agencies, e.g., Social Security offices, federal fiscal intermediaries
				(Blue Cross/Blue Shield or E.D.S. Federal Corporation), and the Department of
				Public Aid (the single State agency for Medicaid and administering agency for
				public assistance and the State supplement), and township assistance
				agencies.
c) Resources which may be
				available for support based on recipient eligibility include:
1) Private funding
A) Recipient's personal funds, e.g., assets
				which are negotiable or can be liquidated;
B) Income, from employment, from assets,
				estates, trusts, and facility trust funds;
C) Family funds, e.g., voluntary or due to
				legal liability.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 125 - RECIPIENT DISCHARGE/LINKAGE/AFTERCARE › Subpart B - SYSTEM COMPONENTS › Section 125.90 - Competency

Current through Register Vol. 48, No. 28, July 12, 2024
a) A recipient age
				18 or over is presumed legally competent. A recipient is considered incompetent
				upon the filing of a petition with the court where the court adjudges a
				recipient to be a disabled person. At the time of the hearing a guardian may be
				appointed. (See Sections 11a-2 and 11a-3 of the Probate Act of 1975 [755 ILCS
				5/11a-2 and 11 a-3])
b)
				Guardianship is ordered only to the extent necessitated by the recipient's
				actual mental, physical and adaptive limitations.
c) A guardian may be appointed for a
				recipient, if, because of disability, there is a lack of sufficient
				understanding or capacity to make or communicate responsible decisions
				concerning personal care. A guardian may be appointed for the estate of a
				disabled recipient, if, because of disability, the recipient is unable to
				manage an estate or financial affairs.
d) The appointment of a limited guardian does
				not constitute a finding of legal incompetence. The appointment of a plenary
				guardian constitutes a finding of legal incompetence (see Section 11a-14 of the
				Probate Act of 1975 [755 ILCS
				5/11a-14 ]).
e) The Code does not require the appointment
				of a guardian prior to discharge.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 125 - RECIPIENT DISCHARGE/LINKAGE/AFTERCARE › Subpart C - INFORMATION SYSTEMS PROCEDURES › Section 125.110 - Reporting responsibilities and methods

Current through Register Vol. 48, No. 28, July 12, 2024
The duties and responsibilities of all Department DLA staff
				  and the responsibilities agreed to by the receiving agency/facility shall be
				  broadly outlined within the regional DLA plan. Active participation includes,
				  but is not limited to representation on a discharge planning team and
				  participation in the development of the individualized services plan, by
				  communication and consultation with designated follow-up staff, of the
				  community agency/facility in discharge planning is highly desirable as linkage
				  can be more readily achieved and the recipient may be more willing to follow
				  through on the discharge plan. Outlined below are those responsibilities which
				  must be incorporated into and provided for in the regional DLA plan.
a) Designated DLA staff responsibilities for
				referral to agencies reporting through the extramural system consist of
				ensuring the accomplishment of the following functions:
1) Securing recipient's agreement for linkage
				to an agency for aftercare treatment/habilitation services and consent for
				release of information confirming that the recipient has received initial
				service in accordance with the discharge plan (form DMHDD-146, "Authorization
				for Release of Information").
2)
				Communication with the proposed receiving agency to achieve the following:
A) Obtaining the agency's identification (ID)
				number for the recipient (current number if an open case); or the ID number for
				a recipient whose case has been closed and is now being reopened; or the new ID
				number assigned to a recipient being opened to the agency for the first
				time;
B) Active participation by
				the receiving agency in the development of the discharge plan;
C) Definite appointment for the recipient
				(day, time, location, and the name of the staff person the recipient is to see)
				to receive the initial service indicated in the discharge plan;
D) Prompt completion and dispatch of the
				completed parts one and two of form DMHDD-20, "Discharge Summary", within 48
				hours after discharge, excluding Saturdays, Sundays and holidays.
3) Communication with proposed
				receiving licensed long-term care facility for those recipients being placed in
				such settings to achieve the following:
A)
				Active participation in the development of the discharge plan;
B) Confirmation of the date of
				placement;
C) Copies of the
				completed form DMHDD-20, parts one and two, "Discharge Summary", and form
				DMHDD-189, parts one and two, "Recipient Transfer Summary", must accompany the
				recipient at the time of placement.
4) Retention of all Department forms used in
				the discharge process in the recipient's State-operated facility medical
				record.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 125 - RECIPIENT DISCHARGE/LINKAGE/AFTERCARE › Subpart D - FOLLOW-UP SERVICES › Section 125.120 - Overview

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart describes the process by which the Department
				  and/or designated staff assures the quality, the effectiveness and the
				  continued appropriateness of aftercare services for each DLA recipient needing
				  case coordination and/or mandated follow-up monitoring services which are
				  intended to assure the following:
a)
				The recipient's rights and desires have been taken into consideration through
				mutual planning, if feasible.
b)
				The recipient's family has been included in the placement process, whenever
				possible, consistent with confidentiality requirements.
c) The receiving agency/facility is best able
				to meet the recipient's needs.
1) An
				individualized services plan has been completed by the discharging facility and
				accepted by the receiving agency/facility.
2) Firm recipient referral has been effected
				and the recipient is being served by the receiving agency/facility.
3) The joint planning process for the
				recipient's progress provides for the continuity of services within the
				services network.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 125 - RECIPIENT DISCHARGE/LINKAGE/AFTERCARE › Subpart D - FOLLOW-UP SERVICES › Section 125.130 - Case coordination

Current through Register Vol. 48, No. 28, July 12, 2024
a) Case
				coordination is a mechanism for assuring and coordinating services to meet the
				needs of those recipients who require this service. It provides the necessary
				advocacy function to facilitate the linkage of a recipient who has identified
				service needs to the available resources. The case coordinator principally
				focuses on the service delivery system from the vantage point of the individual
				recipient in need of the service, and engages in resource identification and
				linkage.
b) Case coordination
				attends to the practical level of synchronizing the efforts of multiple service
				providers and other supportive resources which enable the recipient to live
				successfully in a community setting. However, the case coordination function
				does not displace the responsibility of other service providers to work
				directly with the recipient or with the family, community supportive resources
				or other service organizations as provided for in the individualized services
				plan. Rather, the case coordinating function complements and integrates the
				usual services for those recipients whose need is so substantial so as to
				require an extraordinary level of service attention. Case coordinators rely, in
				large part, on:
1) Working knowledge of the
				nature and consequences of the recipient's disability;
2) Functional knowledge of the service
				delivery system, recipient eligibility requirements and procedures;
3) A working understanding of potential
				recipient resources, particularly those available through federal, State and
				local governmental agencies; and
4)
				The ability to work cooperatively with the many individuals and organizations
				which can provide services and assistance to the recipient.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 125 - RECIPIENT DISCHARGE/LINKAGE/AFTERCARE › Subpart D - FOLLOW-UP SERVICES › Section 125.140 - Mandated follow-up monitoring services

Current through Register Vol. 48, No. 28, July 12, 2024
a) Provisions contained within Sections 15
				through 16 of the Mental Health and Developmental Disabilities Administrative
				Act [20 ILCS 1705/15 through 16 ] mandate specific types of follow-up services
				for recipients who are being discharged from Department State-operated
				facilities and placed in licensed long-term care facilities, as defined by
				Section 1-113 of the Nursing Home Care Act [210 ILCS
				45/1-113 ].
b) Before discharge from a state-operated
				facility can be considered, a clinical and professional decision must have been
				made that a recipient will derive benefits from a proposed placement, is
				legally competent (or is in the process of having legal competency restored),
				has a guardian if declared legally incompetent (or is in the process of having
				a guardian appointed), and requires the medical and personal care and/or
				supervision as described in the Nursing Home Care Act. The lack of a guardian,
				however, shall not inhibit discharge planning and placement once it has been
				deemed that continuing State-operated treatment/habilitation services will no
				longer be of benefit to a recipient. Department staff will do all that is
				possible to obtain suitable guardians; however, if these efforts prove to be
				unsuccessful the regional office of the Guardianship and Advocacy Commission
				shall be contacted and all appropriate information, such as but nor limited to,
				the recipient, the recipient's condition, the inability to locate a person to
				serve as guardian and the need for guardianship, forwarded.
c) Mandated follow-up services may be
				delegated by the Department to community agencies. This delegation shall be
				based on but not limited to caseload needs, availability of staff and available
				resources. This arrangement, however, will require a special contract between
				the Department and the agency. This contract establishes that the community
				agency acts as an agency of the Department and is bound by this Part. In
				addition, employees of any community agency that has a long-term care
				monitoring contract with the Department, is subject to the same conflict of
				interest rule as Department employees (59 Ill. Adm. Code
				101.80
				).
d) As required by the Mental
				Health and Developmental Disabilities Confidentiality Act the recipient's
				confidentiality shall be protected.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 125 - RECIPIENT DISCHARGE/LINKAGE/AFTERCARE › Subpart D - FOLLOW-UP SERVICES › Section 125.150 - Pre-placement guidelines

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				order to fulfill statutory directive as well as providing due process for
				persons placed in licensed long-term care facilities, designated DLA staff
				shall assure that requirements of the Mental Health and Developmental
				Disabilities Code summarized in Section
				125.40 and
				of the Nursing Home Care Act are followed.
b) Consideration shall also be given to the
				interests and the needs of the recipient and the capacity of the facility to
				address those needs.
1) Out-of-region
				placement of recipients is permissible and requires written approval between
				the designated regional staff of the regions involved. Approval will be based
				on criteria in Section
				125.160(f)(1).
2) The Department shall not place discharged
				recipients in facilities located outside of the State of Illinois unless
				appropriate facilities are not available within the State, or if placement in a
				contiguous state results in locating a recipient in a facility closer to home
				or family.
3) When it becomes
				necessary for arrangements to be made for placement in a state other than
				Illinois, the designated DLA staff shall notify the appropriate regional
				administrator who approves of the transfer based on criteria in Section
				125.160(f)(1),
				and who shall notify the Department's Interstate Services Branch.
4) The Department is responsible for
				providing follow-up services to all recipients placed residentially in
				out-of-state facilities and shall indicate the regional DLA plan how follow-up
				services will be provided. A recipient cannot be placed in an out-of-state
				facility if it is not licensed by the state in which the facility is located.
				Subsequent to placement, if an appropriate facility within the State becomes
				available at a distance equal to or closer to the recipient's home or family,
				the recipient shall be returned and placed at this facility.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 125 - RECIPIENT DISCHARGE/LINKAGE/AFTERCARE › Subpart D - FOLLOW-UP SERVICES › Section 125.160 - Follow-up monitoring guidelines

Current through Register Vol. 48, No. 28, July 12, 2024
Designated mandated follow-up staff shall assure compliance
				  with the provisions of the Mental Health and Developmental Disabilities
				  Administrative Act and compliance with the following Departmental
				  policies.
a) Recipient monitoring
1) Provide or contract for the provision of
				individual monthly monitoring of recipients placed in a licensed long-term care
				facility for at least 12 months, including visits on a weekly basis during the
				first month.
2) Interview the
				recipient during the course of follow-up visits and discuss program involvement
				and/or other needs with staff in the licensed long-term care
				facility.
3) Observe, review and
				document the following:
A) The recipient's
				comments and concerns;
B) The
				recipient's overall adjustment to the facility; and
C) The adequacy of the recipient's current
				individualized services plan as maintained by the facility.
4) The adequacy of the programs
				and services available in the facility and in the community for meeting the
				needs of the recipient which may include, but are not limited to:
A) Activities;
B) Social (re)habilitation;
C) Restoration nursing;
D) Diagnostic testing; and
E) Psychological and social
				services.
5) Sufficiency
				of the nursing and medical services to meet the physical health needs of the
				recipient.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 125 - RECIPIENT DISCHARGE/LINKAGE/AFTERCARE › Subpart D - FOLLOW-UP SERVICES › Section 125.170 - Staff action in emerging or extraordinary circumstances

Current through Register Vol. 48, No. 28, July 12, 2024
a) Designated mandated follow-up staff shall
				personally observe the recipient, review individual progress and adjustment
				within the placement setting, and review the following considerations:
1) The recipient's rights and desires have
				been taken into consideration;
2)
				The receiving agency/facility continues to meet recipient needs;
3) The individualized services plan is being
				constantly updated by staff of the receiving agency;
4) Joint planning for the recipient's
				progress continues; and
5) On an
				on-going basis, the recipient has not been abused, neglected or improperly
				cared for.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 130 - RECOVERY AND MENTAL HEALTH TAX CREDIT › Section 130.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The Department is tasked by the Recovery and Mental Health Tax
				Credit Act [35 ILCS 50 ] with providing tax
				credit awards to certain qualified employers who employ eligible individuals
				diagnosed with a mental illness and/or substance use disorder to provide
				additional employment opportunities and expand the pool of potential workers in
				Illinois.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 130 - RECOVERY AND MENTAL HEALTH TAX CREDIT › Section 130.30 - Qualified Employer Determination

Current through Register Vol. 48, No. 28, July 12, 2024
a)
To be a qualified employer, an employer must apply annually to the
			 Department to claim a credit based upon eligible individuals employed during
			 the preceding calendar year, using the forms prescribed by the
			 Department.
[35 ILCS
			 50/3-15(b) ]
b)
To be approved for a
			 credit
pursuant to the Act
, the employer must:
1)
Agree to provide to the Department
			 the information necessary to demonstrate that the employer has satisfied
			 program eligibility requirements and provided all information requested or
			 needed by the Department, including the number of hours worked by the eligible
			 individual and other information necessary for the Department to calculate the
			 amount of credit permitted; and
2)
Agree to provide names, employer
			 identification numbers, amounts that the employer may claim, and other
			 information necessary for the Department to calculate any tax credit
.
			 [35 ILCS
			 50/3-15(b) ]
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 130 - RECOVERY AND MENTAL HEALTH TAX CREDIT › Section 130.40 - Eligible Individuals

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
			 eligible individual must be:
1) Diagnosed with
			 a substance use disorder and/or mental illness; and
2) In a state of wellness and recovery from
			 said substance use disorder and/or mental illness. This includes the eligible
			 individual reporting that they are receiving treatment for, or have completed a
			 course of treatment for, their substance use disorder and/or mental
			 illness.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 130 - RECOVERY AND MENTAL HEALTH TAX CREDIT › Section 130.50 - Application Format

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department will make application materials available on its website. The
			 submission of an application does not commit the Department to award assistance
			 or to pay any costs incurred by the applicant in the preparation of an
			 application.
b) All applications
			 must be submitted electronically in a secure format to the Department following
			 the instructions provided by the Department. The application shall include, at
			 a minimum:
1) The name, address, email, and
			 telephone number of the employer; key contact person name and title; and
			 company tax ID, such as Federal Employer Identification Number (FEIN) or Social
			 Security Number (SSN).
2) The
			 qualified employer's assertion that they meet the criteria as a
			 recovery-supportive workplace.
3)
			 The name of each eligible individual employee; the date each employee was
			 hired; and the number of hours worked by the eligible employee since they were
			 hired.
4) Any other provisions or
			 information that the Department determines to be necessary to facilitate the
			 Department's processing or evaluation of the application.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 130 - RECOVERY AND MENTAL HEALTH TAX CREDIT › Section 130.60 - Application Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department will accept applications for each year's tax credits beginning on
			 January 1 of the following year and ending on March 1 of the same
			 year.
b) The Department will only
			 accept applications submitted pursuant to the requirements outlined in Section
			 130.50.
c) After receiving an application, the
			 Department will confirm receipt of the application in writing.
d) The Department will review all
			 applications received during the acceptance period to verify an employer's
			 status as a qualified employer and the eligibility of each individual for whom
			 a credit is being claimed.
e) The
			 Department may request additional information during the review process if
			 needed to confirm an employer's or an individual's eligibility.
f) The Department will complete its review of
			 all applications by March 31 of each year and determine the credit amount
			 following the process outlined in Section
			 130.80.
g) The Department is not responsible for any
			 errors or delays in providing an application denial or approval caused by
			 errors in any of the application information provided by the applicant or by
			 any technical problems beyond the Department's control.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 130 - RECOVERY AND MENTAL HEALTH TAX CREDIT › Section 130.70 - Application Approval or Denial

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Applicants will be notified in writing of the Department's approval or denial
			 of all completed applications.
b)
			 If the Department denies the application for a credit, it will specify the
			 reasons for the denial.
c) If the
			 Department approves the application for a credit, it will issue a certificate
			 of tax credit to the qualified employer following the procedures in Section
			 130.90.
d) Applicants have the right to appeal a
			 denial. The applicant must submit a written notice for an appeal to the
			 Department. This notice must be received by the Department within 30 calendar
			 days after the applicant receives the notice of denial. The appeal must contain
			 a clear statement disputing the reasons for the denial. The notice of appeal
			 should be mailed to:
Recovery and Mental Health Tax Credit Coordinator
Illinois Department of Human Services, Division of Mental
				Health
401 S Clinton St.
Chicago, IL 60607
e) The Department will convene an appeal
			 hearing within 30 days of receiving the notice of appeal. The appeal hearing
			 committee will consist of the Recovery and Mental Health Tax Credit Coordinator
			 or their designee, the Division of Mental Health Deputy Director of Wellness
			 and Recovery Services or their designee, and the Division of Substance Use
			 Prevention and Recovery Behavioral Health Advisor or their designee.
f) The applicant will be notified of the
			 hearing by phone and mail. The applicant will have an opportunity to be present
			 and to provide written or verbal objections to the denial at the time of the
			 hearing. The applicant may choose to be represented by an attorney but is not
			 required to have representation.
g)
			 The Department will issue its written final decision to the applicant within
			 five working days after the appeal hearing. All final decisions shall specify
			 that they are final and subject to the Illinois Administrative Review Law
			 [735 ILCS
			 5/Art. III ]. The final decision shall be served on
			 parties, or their agents appointed to receive service of process, either
			 personally or by registered or certified mail. [5 ILCS
			 100/10-50 ].