Illinois Administrative Code
Title 59 - MENTAL HEALTH
Part 106 - SERVICES CHARGES
Section 106.75 - Petition for release from or modification of services charges
Current through Register Vol. 48, No. 12, March 22, 2024
a) Any person who has been issued a form DMHDD-612, Notice of Determination, of sums due as service charges may petition the Department for a review of such determination. The petition must be in writing and filed with the Department, 401 Stratton Building, Springfield, Illinois 62765 within 90 calendar days from the date of theform DMHDD-612, Notice of Determination. [405 ILCS 5/5-111 ]
b) On the basis of the grievances presented in the petition, the Department shall review the record and shall make corrections for errors prior to a formal hearing. If such corrections do not resolve the issue raised, the Department shall provide for a hearing to be held on the services charges for the period covered by the petition. Pre-hearing conferences may be arranged by the Department prior to scheduling of formal hearing to develop factors not included in the Department's master file record, which could result in resolution of the issues raised.
c) A notice stating the date, time, and place of the hearing shall be sent by certified mail to the address given on the petition of the person entering the petition not less than 10 calendar days in advance of the date of such hearing. Hearings will be scheduled at a time and place to be determined by the Department. The place selected will be an appropriate location, with a view to geographic grouping of the cases to be heard, to keep travel at a minimum for all parties.
d) The person petitioning the Department shall appear personally and may bring such witnesses as may be deemed necessary and may be represented by a person of his or her own choice.
e) A hearing officer duly authorized by the Secretary of the Department shall conduct the hearing as follows:
f) The common law rules of evidence shall not be enforced in the conduct of the hearing (see 5 ILCS 100/10-40 ). The hearing officer may ask and receive answers to such questions as are pertinent and proper for a fair determination of the case. Exhibits may be received as part of the evidence and shall be numbered in order according to whether they are the Department's or the petitioner's exhibits.
g) The hearing officer shall make a recommendation on the basis of statutory guidelines (see 405 ILCS 5 and 20 ILCS 1705), rules of the Department (59 Ill. Adm. Code) and the testimony and evidence presented. The Secretary shall review the record and the recommendation of the hearing officer shall become final only upon receiving the Secretary's signature indicating his or her assent thereto.
h) The Department is not authorized or empowered by the Mental Health and Developmental Disabilities Code [405 ILCS 5 ] to hold a subsequent hearing based on the same set of facts existing at the time the Departments final order was entered.
i) The Department shall keep a certified true copy of the record of the hearing and shall furnish such record to any court reviewing its decision or to the Board of Reimbursement Appeals (see 735 ILCS 5/3-101 ). The record shall be forwarded to a petitioner or to a person authorized by the petitioner to examine the record subject to costs as outlined in Section 5-111 of the Mental Health and Developmental Disabilities Code [405 ILCS 5/5-111 ].
j) Any person aggrieved by the decision of the Department upon such hearing may, within 30 days thereafter, file a petition with the Department for review of such decision by the Board of Reimbursement Appeals. Upon receiving a petition for review by the Board of Reimbursement Appeals (the Board), the Department shall notify the Board, which shall render its decision on the petition within 30 days after it is filed and certify its decision to the Department. Concurrence of the majority of the Board is necessary in any such decision. The Board of Reimbursement Appeals may approve action taken by the Department or may remand the case to the Secretary with recommendation for redetermination of charges. [405 ILCS 5/5-111 and 5 -113]
k) Any person affected by such a final administrative decision of the Department or the Board of Reimbursement Appeals may have such decision reviewed only under and in accordance with the Administrative Review Law [735 ILCS 5 /Art. III]. [405 ILCS 5/6-101 ]