Illinois Administrative Code

Section 510.120 Exhaustion of Administrative Remedies a) If the grievance pertains to the VR program, DHS-ORS administrative action becomes final: 1) at any time when a mutually agreed upon resolution is reached between DHS-ORS and the grievant; or 2) upon issuance of the hearing…

Section 510.20 What May Be Appealed The following may be appealed under this Part: a) DHS-ORS' refusal to provide any service it is authorized to provide; b) modification of any service currently provided to the customer by DHS-ORS, termination of a service or case closure, unles…

Section 510.30 What May Not Be Appealed The following may not be appealed under this Part: a) changes in services or procedures over which DHS-ORS exercises no discretion or control; b) changes in services or procedures which are mandated by federal or State law or regulation; c)…

Section 510.40 Grievant Rights a) DHS-DRS shall make the grievant aware, in a language that is understandable to the grievant, of the right to appeal pursuant to this Part, at the following times or events: 1) upon application for services; 2) upon denial of application; 3) after…

Section 510.5 Scope and Purpose a) This Part governs the appeals process for customers of the Department of Human Services-Office of Rehabilitation Services (DHS-ORS). Specifically this Part covers hearings of grievances under various DHS-ORS programs, including, Vocational Rehab…

Section 510.50 DHS-ORS Rights DHS has the right to: a) refuse to hear appeals pursuant to Section 510.30; b) have a DHS-ORS attorney present at any proceeding under this Part; c) cooperation by the grievant; and d) consolidate into a single hearing all issues relating to a grieva…

Section 510.60 Service Notice a) This Section applies to VR and HSP customers only. b) When an individual applies for VR or HSP services from DHS-ORS, the individual must be informed that DHS-ORS notifies customers whenever it denies, modifies or terminates a service or services,…

Section 510.70 Level I Hearings (Repealed) (Source: Repealed at 23 Ill. Reg. 13195, effective November 15, 1999)

Section 510.80 Request for a Hearing a) If dissatisfied with any determination made by DHS-ORS concerning the furnishing, timeliness or denial of services, the customer may request a timely review of these determinations. This request for a hearing shall be made through the Heari…

Section 510.90 Impartial Hearing Officers a) A hearing must be heard by an individual randomly selected from the list of DHS-ORS approved Impartial Hearing Officers and designated by the Associate Director except: 1) for grievances arising from modification of school records or s…

Section 511.10 Purpose General - All funds disbursed by the Department on a grant basis are subject to reconciliation and the recovery of lapsed funds. Grant funds recovery activity is based on the Illinois Grant Funds Recovery Act [30 ILCS 705]. The reconciliation will be based …

Section 511.15 Definitions "Agency" – means the individual or organization with whom the Department has a contract/agreement for services. The term Provider is synonymous with agency. "Day" – means a calender day. "Department" – means the Illinois Department of Human Services. "F…

Section 511.20 Responsibility a) Grant funds reconciled on the basis of eligible expenditures versus program revenues are the responsibility of the Department's Office of Contract Administration. b) Grant funds reconciled on the basis of eligible services delivered versus service…

Section 511.30 Criteria for Recovery of Funds a) Grant funds shall be subject to recovery if the Department finds that the grant funds received by the Agency: 1) Are determined to be subject to recovery based on one of the methods identified in Section 511.10; 2) Were not spent i…

Section 511.40 Process for Recovery of Funds If the Department believes that grant funds received by the provider are subject to recovery, the process outlined in the Grant Funds Recovery Act shall be followed: a) The provider will be notified, in writing, by the Department of th…

Section 511.50 Methods of Recovery The Department may elect any one or combination of the following method for recovery: a) Offset against existing grants or against grants to be made by the Department. b) Authorize the offset from existing grants or grants to be made by other gr…

Section 511.60 Prompt Payment Act The provisions of the Prompt Payment Act apply to this Part. This rule does not constitute a waiver of the provider's rights to recover a penalty for late payment as specified in the Act.

Section 512.10 Definitions For the purpose of this Part, the following terms shall have the following meanings: Client – means any individual who will be at least 18 years of age on the day of the next election who is applying for, is determined or redetermined eligible for, or i…

Section 512.20 Opportunities for Voter Registration a) In accordance with the National Voter Registration Act of 1993 (52 USC 20501 through 20511), staff are required to provide clients the opportunity to apply to register to vote and to assist clients, if requested, in the compl…

Section 512.30 Disposition of Voter Registration Forms a) The completed declaration and registration forms shall be retained by IDHS in a confidential manner separate from the client's IDHS file for a minimum of two years. b) If the client has chosen to apply to register to vote,…

Section 520.10 Timing of the Authorization The authorization for services must be made either prior to or simultaneously with the purchase of services. (Source: Amended at 25 Ill. Reg. 8758, effective July 2, 2001)

Section 520.100 Authorization for Purchased Services a) In authorizing purchased services, it should be remembered that under Section 50-13 of the Illinois Procurement Code [30 ILCS 500/50-13] DHS cannot pay for services from some State employees, even if provided on their own ti…

Section 520.20 Issuance of Authorizations Prior to the purchase of any service on the customer's Individualized Plan for Employment (IPE) (89 Ill. Adm. Code 572) or Service Plan (89 Ill. Adm. Code 684), a written authorization must be made to the vendor. If the written authorizat…

Section 520.30 Standards for the Issuance of Authorizations In order for an authorization to be issued, the services must: a) be essential to obtaining necessary diagnostic information, determining eligibility, or achieving the objectives listed in the IPE or Service Plan; b) whe…

Section 521.10 Purpose The definitions enumerated in this Part apply to the following Parts of 89 Illinois Administrative Code, Chapter IV: a) 89 Ill. Adm. Code 510, Appeals and Hearings b) 89 Ill. Adm. Code 530, Criteria for the Evaluation of Programs of Services in Community Re…

Section 521.20 Definitions "Act" means the Disabled Persons Rehabilitation Act [20 ILCS 2405]. "Advocacy" means pleading an individual's cause or speaking or writing in support of an individual that may include representation before public or private entities on the behalf of one…

Section 525.10 Non-Discrimination Compliance Requirements a) The Department of Human Services (DHS) shall not enter into any contract, agreement or grant with subrecipients who are not in compliance with Section 504 of the Rehabilitation Act, as amended, (29 U.S.C.A. 794), Nondis…

Section 525.500 TTY/TDD Requirements for Contractors/Rate Agreement Holders a) Contractor/Rate Agreement Holder Requirements 1) Any entity which holds a contract or contracts with DHS which singly or aggregately exceed $15,000, with the exception of Professional and Artistic Cont…

Section 527.10 General Statement of Purpose and Applicability Funds that are granted or authorized by the Department of Human Services Division of Rehabilitation Services (DHS-DRS) to individuals or organizations for specific purposes and later found to have been spent for other …

Section 527.100 Initial Collection Activity a) The DHS-DRS employee who is responsible for authorizing payments to the recipient of funds must monitor all those payments for proper expenditure. Upon discovering that the funds are being used for purposes other than those specified…

Section 527.200 Informal Hearing (Repealed) (Source: Repealed at 14 Ill. Reg. 18844, effective November 7, 1990)

Section 527.300 Formal Hearing (Repealed) (Source: Repealed at 14 Ill. Reg. 18844, effective November 7, 1990)

Section 545.100 Applicability a) Services purchased by the Department of Human Services (DHS) of the benefit of DHS clients are purchased at rates which are: 1) established by other state agencies when such rates are acceptable to DHS' providers, 2) established by providers when …

Section 545.200 Rate Setting by the Department a) Rates which have not been established by other agencies and which are not established by providers (Section 545.100(a)(2)) are established by DHS through negotiations with individual providers. b) When rates established by other a…

Section 546.10 Public Use of DHS-ORS Facilities a) Facilities operated by Department of Human Services-Office of Rehabilitation Services (DHS-ORS) may be used by persons, groups or organizations at the discretion of DHS and under the following conditions: 1) a request to use a fa…

Section 552.10 General Applicability Rules contained within this Part are applicable to all Department of Human Services-Division of Rehabilitation Services (DHS-DRS) Vocational Rehabilitation (VR) customers.

Section 552.20 Referral A referral for VR services must be officially recorded on the date it is received. An initial interview must be completed and the customer placed into application status no later than 30 days from the date of the referral. In the event an individual does n…

Section 553.10 General Applicability (Repealed) (Source: Repealed at 25 Ill. Reg. 11842, effective August 31, 2001)

Section 553.100 Assessment a) If a customer is determined eligible to receive VR services (89 Ill. Adm. Code 553.50(a)), the Assessment form shall be completed. b) A major component of the Assessment shall be the determination of the employment outcome. The choice of the employme…

Section 553.105 Assistance in Attaining Necessary Financial Support (Repealed) (Source: Repealed at 23 Ill. Reg. 13222, effective October 18, 1999)

Section 553.110 Outcome of the Assessment of Rehabilitation Needs (Repealed) (Source: Repealed at 25 Ill. Reg. 11842, effective August 31, 2001)

Section 553.120 Change in Eligibility Status (Repealed) (Source: Repealed at 25 Ill. Reg. 11842, effective August 31, 2001)

Section 553.130 Order of Selection a) Pursuant to the provisions of the Rehabilitation Act of 1973, as amended (29 USC 701 et seq.), DHS-DRS has established the following Order of Selection priority for the provision of services to eligible individuals, which counselors must foll…

Section 553.140 Criteria for Most Significant Disability, Very Significant Disability, Significant Disability, and Disability Documentation of the determination that an individual has a most significant disability, a very significant disability, a significant disability, or a dis…

Section 553.150 Determination of Serious Limitation to Functional Capacities a) For the purpose of determination of the degree of significance of disability , functional capacities shall include: 1) mobility – the physical ability of an individual to move from place to place and …

Section 553.20 Basis for Eligibility An individual shall be eligible to receive services through the VR Program if he/she: a) is an individual who has a disability as determined pursuant to Title II and Title XVI of the Social Security Act (42 USC 401 et seq. and 1381 et seq.) an…

Section 553.25 Disability Documentation Acceptable information for the purpose of documenting disability shall be one of the following: a) existing available medical records; b) existing available acceptable psychological or psychiatric records; c) verification of receipt of Supp…

Section 553.30 Presumption of Benefit from Vocational Rehabilitation Services a) Any individual with a disability is presumed to be able to benefit from VR services and to be capable of achieving a successful employment outcome. This presumption shall continue unless DHS-DRS can …

Section 553.31 Trial Work Experiences a) DHS-DRS shall provide trial work experience by conducting explorations of a customer's abilities, capabilities and capacity to perform in realistic work situations. Trial work experience shall include one or more work settings and be of su…

Section 553.32 Outcome of Trial Work Experience Trial work experience shall be provided to the individual over a sufficient period of time to determine that: a) there is sufficient evidence to conclude the individual can benefit from VR services in terms of an employment outcome;…