reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart A - GENERAL PROVISIONS › Section 115.110 - Incorporation by reference

Current through Register Vol. 48, No. 28, July 12, 2024
Any rules of an 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 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart A - GENERAL PROVISIONS › Section 115.130 - Rate Components

Current through Register Vol. 48, No. 28, July 12, 2024
The components of Department reimbursement for CILA services
				  for persons with developmental disabilities may include, but shall not be
				  limited to, the following, using costs as reported on the Consolidated
				  Financial Report, or its successor, and other sources as deemed appropriate by
				  the Department:
a) Base support costs
				may include allowances for "room and board", "program", "transportation", and
				"administration". Base support costs are considered to be those that are
				incurred in the delivery of CILA supports to individuals with developmental
				disabilities for the purchase of services that are common to all individuals
				receiving CILA services.
1) Room and board
				cost centers
The "room and board" allowance includes costs incurred in
				  keeping a home in normal operation. Cost centers under the room and board major
				  allowance category may include:
A)
				Housing;
B) Utilities;
C) Telecommunications;
D) Building and Property Insurance;
E) Maintenance and Housekeeping;
F) Food Supplies;
G) Nonfood Supplies; and
H) Other, not elsewhere classified.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart B - SERVICE REQUIREMENTS › Section 115.200 - Description

Current through Register Vol. 48, No. 28, July 12, 2024
a) A CILA is a
				residence where an individual with developmental disabilities may reside and
				receive services and supports coordinated by a licensed CILA agency as outlined
				in their Personal Plan and Implementation Strategy. The individual or guardian
				actively participates in choosing CILA services and in choosing a home from
				among those available to the general public and/or housing owned or controlled
				by a CILA agency.
b) CILA agencies
				shall comply with Person-Centered Planning requirements outlined in
				42 CFR
				441.301(c)(1) through
				(c)(3);
				59 Ill. Adm. Code 120; Section
				115.230; the provider agreement;
				and attachments to the provider agreement.
c) CILAs shall comply with
				42 CFR
				441.301(c)(4), which
				specifies settings requirements for individuals receiving services through the
				Medicaid HCBS Waiver. CILA settings shall have all of the following qualities,
				and other qualities as determined to be appropriate, based on the needs of the
				individual as indicated in their Personal Plan. A CILA setting and/or services
				shall:
1) Be integrated in, and support full
				access of individuals receiving Medicaid HCBS to, the greater community,
				including opportunities to:
A) engage in
				community life to the extent chosen by the individual;
B) control personal resources; and
C) receive services in the community to the
				same degree of access as individuals not receiving Medicaid HCBS;
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart B - SERVICE REQUIREMENTS › Section 115.205 - Respite Services for Persons with a Developmental Disability

Current through Register Vol. 48, No. 28, July 12, 2024
a) An individual
				with a developmental disability not currently receiving CILA services may be
				considered for a short term stay of no more than two consecutive weeks for
				respite services in an available CILA site only if:
1) The individual to be provided respite
				services meets the eligibility criteria as defined in Section
				115.210;
2) The space to be used does not cause the
				applicable CILA site to exceed Department authorized physical capacity as
				defined by Section 115.300;
3) All individuals and/or guardians of the
				individuals residing in the living arrangement support and understand to the
				best of their ability the use of and the request for respite
				services;
4) Space used for respite
				services is not the space normally used by anyone regularly receiving services
				at this CILA site who is temporarily away;
5) The individual receiving respite services
				has bedroom space available for their use; and
6) The CILA agency has a Residential Respite
				contract with the Department.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart B - SERVICE REQUIREMENTS › Section 115.210 - Criteria for Participation of Individuals

Current through Register Vol. 48, No. 28, July 12, 2024
a) An individual receiving services in a CILA
				shall be at least 18 years of age (unless the age waiver exception in
				subsections (b) and (c) applies), have a developmental disability and be in
				need of CILA services and a supervised living arrangement. If a CILA agency
				does not have the capacity to accommodate the individual's particular type or
				level of disability, this does not render the individual ineligible for CILA
				services.
b) CILA agencies can
				request an age waiver to allow individuals who are at least
				17.5, but not yet 18 years of
				age, to receive services in a CILA. If a CILA agency requests an age waiver the
				CILA agency shall present in writing to the Department its rationale for the
				waiver request and describe the following:
1)
				the individual's level of functioning;
2) behavioral, medical, and/or mental health
				needs of the individual;
3) the
				profiles of the other people currently residing in the proposed setting (i.e.,
				gender, ages, interests, peer group dynamics, level of functioning,
				etc.);
4) other residential options
				that have been explored;
5) the
				education plan of the individual (i.e., will the individual continue
				school);
6) crisis (homeless,
				abuse, neglect) status, if applicable; and
7) problems in the individual's current
				placement, if applicable.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart B - SERVICE REQUIREMENTS › Section 115.214 - Individuals Requiring Additional Services and Support

Current through Register Vol. 48, No. 28, July 12, 2024
There are occasions when an individual receiving CILA
				  services requires additional services and support as a result of changes in
				  medical or behavioral health. Examples include, but are not limited to, a
				  gradual deterioration of health and/or behavioral stability or a more recent
				  acute medical condition and/or sudden intense behavioral episodes. The CILA
				  agency must take reasonable and appropriate action to address and stabilize the
				  individual's situation for the health and safety of the individual and/or
				  others.
a) When an individual
				receiving CILA services requires additional services and support, the CILA
				agency's Provider Support Team shall be convened. The CILA agency's designated
				QIDP shall:
1) Convene a meeting including,
				but not limited to, the individual, the individual's guardian, the Provider
				Support Team, relevant staff as determined by the QIDP (e.g., CILA agency
				administrative leadership staff, as necessary), and a representative of the ISC
				agency.
2) The team will consider
				the current system of services and supports, including the use of internal CILA
				agency resources, external consultants, and the effectiveness of the current
				Personal Plan, Implementation Strategy, and other service planning documents.
				The CILA provider must notify the ISC agency when changes to the Personal Plan
				are needed.
A) If not in place and indicated
				by the situation, a behavioral support strategy will be developed to outline
				the plan of action. If there is a current behavior support plan, it will be
				reviewed and revised as necessary.
B) If complex medical conditions are a
				concern, the team will review the current Personal Plan and Implementation
				Strategy to ensure needed medical services and supports are in place.
C) The team will determine whether the CILA
				agency will request additional staff resources or other supports from
				DDD.
D) The team will determine
				whether to request technical assistance, training, short-term residential
				stabilization supports, or other necessary consultation from the
				Division.
E) Should the team
				request additional staff resources or other supports as described in subsection
				(a)(2)(C) - (D), the Department will respond to the request as soon as possible
				but no later than ten business days following receipt of the request.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart B - SERVICE REQUIREMENTS › Section 115.215 - Criteria for Termination from a CILA Agency

Current through Register Vol. 48, No. 28, July 12, 2024
a) The community support team shall consider
				recommending termination of CILA services of an individual only if:
1) The medical needs of the individual cannot
				be met by the CILA program; or
2)
				The behavior of an individual places the individual or others in serious
				danger; or
3) The individual is to
				be transferred to a program offered by another agency and the transfer has been
				agreed upon by the individual, the individual's guardian, the transferring
				agency, and the receiving agency; or
4) The individual no longer benefits from
				CILA services.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart B - SERVICE REQUIREMENTS › Section 115.225 - Assessments

Current through Register Vol. 48, No. 28, July 12, 2024
The CILA agency shall ensure that each individual receives an
				  initial assessment and reassessments that shall be documented in the
				  individual's record, and the results shall be explained to the individual
				  and/or guardian. Valid assessments described in this Section and made available
				  from the ISC agency do not have to be duplicated.
a) Assessments shall be performed by
				employees trained in the use of assessment instruments.
b) Through the selection of the assessment
				instruments and the interpretation of results, all assessments shall be
				sensitive to the individual's:
1) Racial,
				ethnic, and cultural background;
2)
				Chronological and developmental age;
3) Visual and auditory impairments;
4) Language preferences; and
5) Degree of disability.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart B - SERVICE REQUIREMENTS › Section 115.230 - Person-Centered Planning

Current through Register Vol. 48, No. 28, July 12, 2024
a) CILA
				agencies licensed to provide CILA services shall comply with Person-Centered
				Planning requirements as outlined in
				42 CFR
				441.301(c)(1) through (c)(3)
				and in 59 Ill. Adm. Code 120.
b)
				CILA agencies licensed to provide CILA services shall comprehensively address
				the needs of individuals through the development of an Implementation Strategy
				for each individual as it relates to their Personal Plan.
1) Within 20 calendar days of the provider's
				dated signature on the Personal Plan, an Implementation Strategy using Form
				IL462-4470 provided by the Division, shall be developed that:
A) Is based on the Personal Plan developed by
				the ISC agency and assessment results;
B) Includes the participation of the
				individual and guardian and the ISC as necessary;
C) Reflects the individual's and guardian's
				agreement as indicated by a signature on the Implementation Strategy;
D) Addresses outcomes identified in the
				Personal Plan that the CILA agency agreed to support; and
E) Identifies services and supports to be
				provided by the CILA agency that agreed to support the individual to attain
				skills or achieve outcomes identified in the Personal Plan.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart B - SERVICE REQUIREMENTS › Section 115.240 - Medical Services and Medications

Current through Register Vol. 48, No. 28, July 12, 2024
When medical services and/or medications are provided, or
				  their administration is supervised, by employees of the licensed CILA agency,
				  the licensed CILA agency shall certify that they are provided or their
				  administration is supervised in accordance with the Mental Health and
				  Developmental Disabilities Administrative Act [20 ILCS 1705
				  ] and the Illinois Nurse Practice Act [225 ILCS 65
				  ]. The licensed CILA agency must comply with 59 Ill. Adm. Code 116. The CILA
				  agency shall additionally document:
a)
				A licensed physician (MD or DO) shall be responsible for medical services,
				including prescription of medications.
b) A physician shall perform an examination
				of the individual prior to the initiation of psychotropic
				medications.
c) Screening, using
				the AIMS (Abnormal Involuntary Movement Skills), for and documentation of
				abnormal involuntary movements, including tardive dyskinesia, in individuals
				receiving prescribed psychotropics shall be completed at least every six months
				by the prescribing clinician or employees trained in performing this type of
				assessment.
d) A physician shall
				review the medications prescribed and shall see the individual at least every
				six months, and more frequently if required by a psychiatrist. Physician
				documentation within the individual's record shall include, but is not limited
				to, the following:
1) Rationale for
				continuing current medications and/or initiating new medications; and
2) Medication side effects.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart B - SERVICE REQUIREMENTS › Section 115.245 - Restraints

Current through Register Vol. 48, No. 28, July 12, 2024
a) The following
				types of restraint are prohibited. If any of the following types of restraint
				are utilized by a CILA agency employee, the incident must be reported via CIRAS
				as well as reported to the Office of the Inspector General.
1) Prone restraint (i.e., being restrained,
				face down against the floor or another surface).
2) Supine restraint (i.e., being restrained,
				face up).
3) Mechanical restraint.
				Mechanical restraint does not include any restraint used to treat an
				individual's medical needs; protect an individual known to be at risk of injury
				resulting from lack of coordination or frequent loss of consciousness; provide
				a supplementary aid or service or an accommodation, including, but not limited
				to, assistive technology that provides proprioceptive input or aids in
				self-regulation; or promote individual safety in vehicles used to transport
				individuals.
4) Chemical restraint
				is prohibited. Chemical restraint does not include medication that is legally
				prescribed and administered as part of an individual's regular medical regimen
				including PRN medication, to manage behavioral symptoms and treat medical
				symptoms.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart B - SERVICE REQUIREMENTS › Section 115.250 - Individual Rights and Confidentiality

Current through Register Vol. 48, No. 28, July 12, 2024
a) The CILA agency shall share a copy and
				explain the contents of the most current Rights of Individuals form (IL
				462-1201) with the individual and/or guardian when an individual enters the
				CILA and annually thereafter.
1) The rights
				of individuals shall be protected in accordance with Chapter II of the Code
				except that the use of seclusion will not be permitted.
2) The right of individuals to
				confidentiality shall be governed by the Mental Health and Developmental
				Disabilities Confidentiality Act.
3) Every individual and/or guardian has the
				right to:
A) Remain in a CILA unless the
				individuals voluntarily withdraw or meet the criteria set forth in Section
				115.215;
B) Contact the Guardianship and Advocacy
				Commission, Equip for Equality, Inc., the Department's Office of Inspector
				General, the CILA agency's human rights committee and the Department. Employees
				shall offer assistance to individuals in contacting these groups giving each
				individual the address and telephone number of the Guardianship and Advocacy
				Commission, the Department's Office of Inspector General, the Department, and
				Equip for Equality, Inc.;
C) Be
				free from abuse, neglect, exploitation, coercion, and restraint. Restraint is
				not permitted unless it follows the requirements specified in Section
				115.245. Seclusion, time-out,
				aversive procedures, or any similar actions are prohibited.
4) Individuals or guardians shall
				be permitted to purchase and use the services of private physicians and other
				mental health and developmental disabilities professionals of their choice,
				which shall be documented in the plan.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart C - GENERAL AGENCY REQUIREMENTS › Section 115.300 - Environmental Management of Living Arrangements

Current through Register Vol. 48, No. 28, July 12, 2024
a) For individuals who receive intermittent
				supervision and supports and choose to reside with their families or in living
				arrangements owned or leased by the individuals living there, the licensed CILA
				agency shall assist individuals in obtaining and maintaining CILAs which afford
				safety and basic comfort. This assistance shall include, but is not limited to:
1) Performing visual inspections;
2) Purchasing and maintaining in working
				order safety devices (e.g., smoke and carbon monoxide detectors, first aid
				kits, door locks), when needed;
3)
				Encouraging landlords to comply with applicable building and safety codes;
				and
4) Providing education and
				information on fire safety and disaster preparedness procedures.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart C - GENERAL AGENCY REQUIREMENTS › Section 115.320 - Administrative Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Governing body
1) Each CILA provider which is
				owned or operated by any corporation, association, or unit of local government
				shall have a governing body in which is vested authority and responsibility for
				the organization, management, control, and operation of the CILA agency and all
				programs, services, facilities, and residences it administers.
2) Each CILA provider shall have provisions
				for obtaining input from individuals served, guardians and/or individual's
				representatives to the governing body.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart C - GENERAL AGENCY REQUIREMENTS › Section 115.321 - Application for Waiver of the Prohibition Against Employment

Current through Register Vol. 48, No. 28, July 12, 2024
a) Hiring of direct
				care professionals
A CILA agency shall not
knowingly hire
or
				  retain
any
person after January 1, 1998 in a full-time,
				  part-time, volunteer or contractual direct care position if that person
has been convicted of committing or attempting to commit one or more of
				  the offenses
outlined in Section 25 of the Health Care Worker
				  Background Check Act [225 ILCS 46 ]
unless the
				  applicant or employee obtains a waiver pursuant to
subsection
				  (b).
b) Health Care Worker
				Registry request for waiver
1)
An
				applicant, employee, or nurse aide may request a waiver of the prohibition
				against employment.
[225 ILCS 46/40 ]
2) CILA agency employees may assist the
				applicant, employee, or nurse aide in completing the application.
3) The outcome of the waiver request shall be
				determined by the Illinois Department of Public Health pursuant to Section 40
				of the Health Care Worker Background Check Act and 77 Ill. Adm. Code
				955.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart C - GENERAL AGENCY REQUIREMENTS › Section 115.325 - Monitoring and Evaluation

Current through Register Vol. 48, No. 28, July 12, 2024
The CILA agency shall agree to participate in a monitoring
				  and evaluation system as described in the contractual agreement between the
				  Department and the CILA agency. Information regarding CILA provider compliance
				  scores from licensure and certification surveys and quality assurance reviews,
				  status of administration actions with CILA providers, as well as substantiated
				  DHS OIG findings of abuse, egregious neglect and exploitation is available on
				  the Department's website at
http://www.dhs.state.il.us/page.aspx?item=65616
.
a) Evaluation methodologies
CILA 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 CILA 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 CILA agency's compliance with
				  contractual obligations, applicable statutes and administrative rules ensuring
				  that Departmental funds are spent appropriately for services as specified in
				  the contractual agreement. Monitoring may include desk review and site review
				  of CILA agency performance.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart C - GENERAL AGENCY REQUIREMENTS › Section 115.326 - Monitors and Receiverships

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department shall engage the provider and initiate a review of a CILA agency's
				service agreement for funding if it determines that issues including, but not
				limited to, substantiated cases of abuse and neglect and quality review status
				warrant such action. The review will be initiated by the Director of DDD, or
				their designee, and will commence on a date as determined by the Director or
				designee, but no later than 30 days after the decision has been made to
				initiate a review. A review shall be based on, but not limited to, any of the
				following:
1) a disproportionate number or
				percentage of complaints regarding licensure issues;
2) a disproportionate number or percentage of
				substantiated cases of abuse, neglect or exploitation involving a CILA
				agency;
3) an apparent unnatural
				death of an individual served by a CILA agency;
4) any egregious or life-threatening abuse or
				neglect within a CILA agency; or
5)
				any other significant event as determined by the Department.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart D - LICENSURE REQUIREMENTS › Section 115.400 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Part shall apply to all public or private CILA agencies,
				  associations, sole proprietorships, partnerships, corporations, or
				  organizations which certify CILAs and provide CILA services and are, therefore,
				  subject to Department licensure.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart D - LICENSURE REQUIREMENTS › Section 115.410 - License Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) Forms
1) Agencies must fulfill new provider
				requirements for prospective CILA providers within one of year of requesting a
				licensure application. Upon verification of eligibility, agencies can obtain an
				application by contacting:
The Bureau of Accreditation, Licensure and
				  Certification
Department of Human Services
DHS.BALC@illinois.gov
2) The application shall require prospective
				CILA agencies to certify that individuals being served and the programs and
				services to be provided in CILAs comply with Section 4 of the
				Community-Integrated Living Arrangements Licensure and Certification Act, the
				Mental Health and Developmental Disabilities Confidentiality Act, and this
				Part. Agencies that will be providing CILA services for individuals in the DDD
				Medicaid HCBS Waiver shall ensure:
A) Services
				to be provided comply with 59 Ill. Adm. Code 120 and
				42 CFR
				441.301(c)(1) through
				(c)(4), which specifies Person-Centered
				Planning and Settings requirements for individuals receiving Medicaid HCBS
				Waiver Services;
B) Settings are
				not the type of settings described in
				42 CFR
				441.301(c)(5)(v);
				and
C) CILAs that will be
				provider-owned or controlled also meet the additional conditions set forth in
				42 CFR
				441.301(c)(4)(vi)(A) through
				(E).
3) The application shall request information
				including, but not limited to:
A) The CILA
				agency, the type of business organization (per
				805 ILCS
				5 through
				415 ), the names of all owners,
				partners, and stockholders;
B) The
				individuals being served or to be served in the CILAs supervised by the agency,
				including their disabilities and diagnoses, any special needs such as visual or
				hearing impairments or mobility issues, the kind of supervision received, and
				whether individuals are in living arrangements owned or leased by the
				agency;
C) The living arrangements
				used as CILA sites, including site addresses and telephone numbers;
D) Policies and procedures of the agency;
				and
E) Organizational chart,
				staffing patterns, and staff qualifications for the agency.
4) The authorized agency
				representative shall sign and date the application forms.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart D - LICENSURE REQUIREMENTS › Section 115.420 - Application Acceptance and Verification

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applications for licensure or licensure
				renewal shall be acknowledged as received by the Department on the postmarked
				and/or electronic submission date.
b) An agency shall have 60 days after the
				Department has responded to its application request to complete an
				application.
c) The application
				shall include signature and date.
d) The Department shall notify an agency of
				any error or omission made in the submission of an application for licensure
				within 30 days. Failure of the Department to respond shall not constitute a
				waiver of the requirements. If the agency fails to respond to the letter of
				deficiency within 30 days of the electronic submission date, the Department
				shall terminate the application process and notify the agency within 30
				days.
e) The Department shall
				either approve or disapprove a completed application within 60 days after the
				Department has completed the application process. If an application is
				incomplete, the Department shall notify the applicant of the status.
f) The Department may verify information
				supplied in licensure applications.
g) The Department will not accept an
				application for a period of two years from an agency, or the principals of an
				agency now doing business under another name, when the original agency license
				was revoked or services were terminated while the agency was not in good
				standing.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart D - LICENSURE REQUIREMENTS › Section 115.430 - Issuing a License and Period of Licensure

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon receipt of a completed application
				and verification of the agency's compliance with this Part, the Department
				shall issue a license which will authorize agencies to certify that programs
				provided in CILAs comply with the Mental Health and Developmental Disabilities
				Confidentiality Act and this Part.
b) The Department shall conduct surveys of
				licensed agencies and their certified programs and services. The Department
				shall review the records or premises, or both, as it deems appropriate for the
				purpose of determining compliance with the Community-Integrated Living
				Arrangements Licensure and Certification Act, the Mental Health and
				Developmental Disabilities Confidentiality Act, and this Part. For agencies
				that will be providing CILA services for individuals in the DDD Medicaid HCBS
				Waiver, the Department shall also determine compliance with 59 Ill. Adm. Code
				120 and 42 CFR
				441.301(c)(1) through
				(c)(4), as well as confirm the agencies do
				not have the characteristics described in
				42 CFR
				441.301(c)(5)(v). For CILAs
				that will be provider-owned or controlled, the Department shall review agency
				policies to confirm compliance with additional conditions set forth in
				42 CFR
				441.301(c)(4)(vi)(A) through
				(E).
1) The
				Department shall conduct unannounced surveys to determine compliance at the
				time of license renewal as well as to investigate complaints, health and safety
				inspections, and other concerns as deemed warranted by the
				Department.
2) Determination of
				compliance with the service requirements contained in Subpart B of this Part
				shall be based on a survey centered on the individual which samples services
				being provided.
3) Determination of
				compliance with the general agency requirements contained in Subpart C of this
				Part shall be based on a review of agency records and observation of
				individuals and staff.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart D - LICENSURE REQUIREMENTS › Section 115.440 - License Sanctions and Revocation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department may revoke a license at any
				time if the agency:
1) Fails to comply with
				the service requirements identified in Subpart B of this Part;
2) Fails to comply with the general agency
				requirements identified in Subpart C of this Part;
3) Fails to correct deficiencies identified
				as a result of an on-site survey by the Department, or fails to submit a plan
				of correction within 30 days after receipt of the notice of
				deficiency;
4) Submits false
				information either on Department forms, required certifications, plans of
				correction or during an on-site inspection;
5) Refuses to permit or participate in a
				scheduled or unscheduled survey; or
6) Willfully violates any rights of
				individuals being served as identified in Chapter II of the Code or Section
				115.250.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart D - LICENSURE REQUIREMENTS › Section 115.450 - Non-transferability of license

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				license is not assignable or transferable.
b) Discontinuation of operations causes the
				license to be void.
c) License
				documents and all copies shall remain Department property and shall be returned
				by the agency within 10 days after notifying the Department of a change in
				ownership, or if the license is revoked or modified.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart D - LICENSURE REQUIREMENTS › Section 115.460 - Cessation of Operations

Current through Register Vol. 48, No. 28, July 12, 2024
a) If, at
				any time, an agency determines that it will terminate operation as a licensed
				CILA agency, it shall notify the Department of its decision at least 60 days
				prior to the date of termination. Agencies can only cease operations in less
				than 60 days with written approval from the Department.
b) Said notice shall be given to the
				Department, to service providers working with all affected individuals, to any
				individual who must be transferred or discharged, to the individual's guardian,
				and to a member of the individual's family, when applicable.
c) The notice shall state the proposed date
				for cessation and the reason.
d)
				The agency shall assist individuals in securing alternative services and shall
				advise individuals on available alternatives.
e) The agency shall be responsible for
				services to individuals until cessation of operation as a licensed CILA agency
				occurs and shall work cooperatively with the Department and ISC agency in
				efforts to secure and transition individuals to alternative services. This
				includes, but is not limited to, supplying records and other documents,
				supplying the individual's personal items, and conferencing with prospective
				agencies regarding individual's care.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart D - LICENSURE REQUIREMENTS › Section 115.470 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) If an agency
				contests the Department's decision regarding licensure pursuant to subsection
				(a), (b), or (c), it can request a hearing by submitting a written request
				within 20 working days to the Department's Bureau of Hearings at the address
				stated in the notice. The Department shall notify the agency of the time and
				place of the hearing not less than 14 days prior to the hearing date.
b) A license may not be denied or revoked
				unless the agency is given written notice of the grounds for the Department's
				action. Except when revocation of a license is based on imminent risk, the
				agency whose license has been revoked may operate and receive reimbursement for
				services during the period preceding the hearing, until a final decision is
				made.
c) Hearings shall be
				conducted in accordance with the Department's Administrative Hearings rules at
				89 Ill. Adm. Code 508.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart E - HOST FAMILY LIVING ARRANGEMENTS › Section 115.500 - Program Description

Current through Register Vol. 48, No. 28, July 12, 2024
a) This
				Subpart details those requirements specific to the Host Family Living
				Arrangements Program (traditional care model and shared living model) beyond
				the basic CILA requirements.
b) The
				Host Family Living Arrangement Program consists of two major program
				components, the Traditional Care Model and the Shared Living Model.
1) Traditional Care Model
Host family living arrangements, traditional care models are
				  24-hour residential alternatives to typical shift staff arrangements. The
				  setting is the residence for the person with a developmental disability and the
				  full-time residence for the paid caregivers. It is owned, leased, or rented by
				  the paid caregivers. In traditional care settings, host families consist of one
				  or more persons who are unrelated to the individual with a developmental
				  disability and who are under contract with the CILA agency to provide host
				  family services.
2) Shared
				Living Model
Host family living arrangements, shared living models are
				  also 24-hour residential alternatives to typical shift staff arrangements. The
				  setting is the residence for the person with a developmental disability and may
				  house either full or part-time caregivers in which more than 50 percent of the
				  residential coverage is provided by individuals other than shift employees. It
				  is owned, leased, or otherwise controlled by either the individual, the
				  caregivers, or the agency. In shared living models, host families consist of
				  one or more persons who are unrelated to the individual with a developmental
				  disability and who are under contract or employed by the CILA agency to provide
				  host family services.
3)
				The difference between traditional care and shared living models is that, in
				the shared living model, shift employees of the CILA agency routinely share
				supervision, care and training responsibilities with the host family caregivers
				who are providing services under contract.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart E - HOST FAMILY LIVING ARRANGEMENTS › Section 115.510 - Compliance with this Part

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of clarification, host family arrangements,
				  whether traditional care or shared living models, are subject to all provisions
				  of this Part, including Subparts A through D. The CILA agency shall ensure that
				  host families are aware of and comply with all requirements of this
				  Part.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart E - HOST FAMILY LIVING ARRANGEMENTS › Section 115.530 - Compatibility of Individuals and Host Families

Current through Register Vol. 48, No. 28, July 12, 2024
a) The following factors must be considered
				when determining the compatibility of individuals with developmental
				disabilities and host family members:
1)
				Smoking habits;
2) Waking and
				bedtimes;
3) Meal
				preferences;
4) Social
				interests;
5) Cultural
				needs;
6) Chores; and
7) Other unique needs.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart E - HOST FAMILY LIVING ARRANGEMENTS › Section 115.540 - Department Approval of Host Family Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any CILA agency desiring to provide host
				family services must meet the following requirements:
1) Demonstrate knowledge and experience in
				the provision of such services;
2)
				Provide shift-staff services under the CILA program for the past two
				consecutive years;
3) Achieve a
				compliance Level of 1 or 2 during the most recent CILA licensure survey
				process.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart E - HOST FAMILY LIVING ARRANGEMENTS › Section 115.550 - Number of Individuals Served in Host Family Settings

Current through Register Vol. 48, No. 28, July 12, 2024
a) No more than two individuals with
				developmental disabilities may reside with any one host family.
b) The CILA agency is responsible for
				informing DDD and BALC, the individual, and/or guardian in advance of any
				changes involving individuals moving into or out of the home, as well as host
				family relocation to another residence.
c) The CILA agency may request waiver of
				subsection (a) to allow up to four persons with developmental disabilities to
				be served in the same residence. The process for submission and review of
				waiver requests is as follows:
1) A request
				packet must be compiled by the licensed CILA agency and submitted to the
				Department.
2) The Department will
				make final decisions on waiver requests.
3) The request packet must include a
				description of the waiver being requested; information substantiating the
				appropriateness of the waiver; and a proposed Implementation Strategy
				incorporating the waiver. If the waiver impacts more than one individual
				served, a Personal Plan and an Implementation Strategy must be included for
				each individual involved.
4) The
				request packet must be approved and signed by the appropriate QIDP and
				executive director or Chief Executive Officer.
5) The CILA agency must complete and submit a
				standardized application form for waiver requests as well as include supporting
				documents. If an application is incomplete, the Department shall notify the
				applicant of the status.
6) The
				Department will conduct a site visit or visits to review the home, meet the
				host family, and meet and observe the individuals served prior to the approval
				of any waiver of the requirements of subsection (a).
7) The Department will consider whether the
				requested waiver provides for the individual's general well-being, safety,
				choices, and service needs in making a determination of whether to grant the
				requested waiver.
8) The request
				packet must be approved by an authorized Department representative.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart E - HOST FAMILY LIVING ARRANGEMENTS › Section 115.560 - Number of Individuals Living in Host Family Settings

Current through Register Vol. 48, No. 28, July 12, 2024
a) No more than six persons, including
				members of the host family and individuals with developmental disabilities, may
				reside in a single site.
b) This
				number shall include extended family members who routinely and continually
				visit the home for support. Examples may include preschool children such as
				grandchildren, nieces or nephews who stay during the working hours of their
				parents/guardians, sons or daughters who routinely return from college on
				weekends, and persons who move to the setting at a later date.
c) The CILA agency may request a waiver of
				subsection (a) to allow up to eight persons to reside in a single site,
				inclusive of the number of individuals with developmental disabilities. The
				process for submission and review of waiver requests is as follows:
1) A request packet must be compiled by the
				licensed CILA agency and submitted to the appropriate Department
				representative.
2) The Department
				will make final decisions on waiver requests.
3) The request packet must include a
				description of the waiver being requested; information substantiating the
				appropriateness of the waiver; and a proposed Implementation Strategy
				incorporating the waiver. If the waiver impacts more than one individual
				served, an Implementation Strategy must be included for each individual
				involved.
4) The request packet
				must be approved and signed by the appropriate QIDP and executive director, or
				by an authorized Department representative.
5) The CILA provider must complete and submit
				a standardized application form for waiver requests as well as include
				supporting documents. If an application is incomplete, the Department shall
				notify the applicant of the status.
6) The Department will conduct a site visit
				or visits to review the home, meet the host family, and meet and observe the
				individuals served prior to the approval of any waiver of the requirements of
				subsection (a).
7) The Department
				will consider whether the requested waiver provides for the individual's
				general well-being, safety, choices, and service needs in making a
				determination of whether to grant the requested waiver.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart E - HOST FAMILY LIVING ARRANGEMENTS › Section 115.570 - CILA Agency Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				CILA agency is responsible for adhering to Department of Labor and Internal
				Revenue Service regulations. The agency is also responsible for assuring
				compliance with DHS Division of Developmental Disabilities provider agreement
				requirements, rules and procedures, and quality assurance requirements, as
				applicable.
b) The CILA agency is
				responsible for informing the Department, the individual and/or guardian in
				advance of any changes in host family composition and of any changes in
				staffing, if possible.
c) The CILA
				agency is responsible for the training of caregivers as described in Section
				115.320(d).
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 115 - STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS › Subpart E - HOST FAMILY LIVING ARRANGEMENTS › Section 115.580 - 24-Hour Service

Current through Register Vol. 48, No. 28, July 12, 2024
Individuals living in host family arrangements are considered
				  in need of 24-hour service. For this reason, the CILA agency shall:
a) Ensure that, in accordance with Section
				115.230(b)(9) and
				(b)(10), host families do not leave the
				individuals they serve alone or in the care of individuals providing natural
				supports, unless such action is specifically called for in an individual's
				Personal Plan and Implementation Strategy to support training initiatives to
				increase independence, and then only for the duration specified in the Personal
				Plan and Implementation Strategy.
b) Ensure that individuals shall not be left
				alone for the convenience of the host family or CILA agency. For example,
				individuals shall not be left alone before or after day program hours while
				host family members travel to and from work or school.