c) When
determined necessary by the Department, the Department shall inform the CILA
agency that an independent monitor, who may be an individual or an employee or
contractor with a business entity but shall not be staff of the Department or
any other State agency, has been assigned to the CILA agency. Instead of, or in
addition to, requesting an independent monitor, the Department may petition the
circuit court for appointment of an independent receiver, who shall not be
staff of the Department or any other State agency.
1) Assigned Independent Monitor
A) If other action, such as re-locating
individuals to another CILA agency, is not indicated, the Department may assign
an independent monitor to the CILA agency when any of the following conditions
exist:
i) The CILA agency is operating without
a license. The Department shall establish a schedule for closing the CILA
agency and the monitor shall work with the CILA provider to transition the
individuals.
ii) The Department has
suspended, revoked, or refused to renew the existing license of the CILA
agency. The Department shall establish a schedule for closing the CILA agency
and the monitor shall work with the provider to transition the
individuals.
iii) The Department
has issued a notice to terminate or not renew its provider agreement with the
CILA agency.
iv) The CILA agency is
closing or has informed the Department that it intends to close and adequate
arrangements for transition of individuals have not been made at least 30 days
prior to closure.
v) The Department
determines that an emergency exists and the CILA agency is unwilling or unable
to remedy the emergency. As used in this subsection, "emergency" means a threat
to the health, safety, or welfare of individuals.
vi) The Department, with the concurrence of
HFS, terminates the CILA provider's participation in the federal reimbursement
program under Title XIX (Medicaid) of the Social Security Act (42 U.S.C.
7).
B) The Department shall ensure that the
assigned monitor meets the following minimum requirements:
i) Is able to travel to various locations
throughout Illinois in order to conduct on-site visits (see Section
115.326(c)(1)(C)(i))
;
ii) Has an understanding of the
needs of individuals with developmental disabilities, as evidenced by no less
than two years of full-time cumulative experience in working with individuals
with developmental disabilities in programs such as developmental training,
residential services, or advocacy;
iii) Has a clear and thorough understanding
of the applicable licensure or certification standards which are the subject of
the monitor's duties, as evidenced in a personal interview of the
candidate;
iv) Is not related to
the owners/operators of the involved CILA agency either through blood,
marriage, or common ownership of real or personal property, except ownership of
stock that is traded on a stock exchange;
v) Is certified as a QIDP or provides
evidence of education and experience equivalent to or greater than that of a
QIDP; and
vi) Does not have any
other conflicting professional relationship with the CILA agency or an ISC
agency and is not employed by or contracted with any other entity currently
providing direct services to individuals with developmental
disabilities.
C) The
assigned monitor shall be under the supervision of the Department and shall
accomplish the following actions:
i) Conduct
on-site visits to the agency as directed by the Department;
ii) Review all records pertinent to the
condition for the monitor's placement under subsection (c)(1);
iii) Interview individuals, their guardians,
and with the consent of the individual and/or guardian, family members
regarding the services received and the needs of the individuals;
iv) Provide to the Department oral and
written reports detailing the observed conditions of the agency and its
operations; and
v) Be available as
a witness for hearings involving the condition for placement as monitor as
directed by the Department.
D) All communications, including but not
limited to, data, memoranda, correspondence, records, and reports, shall be
transmitted to and become the property of the Department. In addition, findings
and results of the monitor's work performed under this Section shall be
strictly confidential and shall not be released without written authorization
from the Department, unless required by law or a court order.
E) The assignment as monitor may be
terminated at any time by the Department with or without notice.
2) Section
115.326(c)(1)
does not limit the Department's authority to take necessary action through its
own or other State staff.
3)
Assigned Independent Receiver
A) In the event
the Department determines an emergency situation exists that threatens the
health, safety, or welfare of individuals and the CILA agency is unwilling or
unable to remedy the situation, the Department may petition the circuit court
for appointment of an independent receiver. Through consultation with
developmental disability professional organizations and advocacy groups, the
Department shall maintain a list of independent receivers. Preference on the
list shall be given to CILA agencies possessing extensive experience with
individuals with developmental disabilities, and in financial and operations
management of residential settings. To be placed on the list, the Department
shall ensure the potential receiver meets the following minimum requirements:
i) Is able to travel to various locations
throughout Illinois in order to conduct on-site visits;
ii) Has an understanding of the needs of
individuals with developmental disabilities and the delivery of the highest
possible quality of services, as evidenced by no less than two years of
full-time cumulative experience in working with individuals with developmental
disabilities in programs such as developmental training, residential services,
or advocacy;
iii) Has a clear and
thorough understanding and working knowledge of the applicable licensure or
certification, as evidenced in a personal interview of the candidate;
iv) Is not related to the owners/operators of
the involved agency either through blood, marriage, or common ownership of real
or personal property, except ownership of stock that is traded on a stock
exchange;
v) Is certified as a
QIDP, or provides evidence of education and experience equivalent to or greater
than that of a QIDP; and
vi) Does
not have any other conflicting professional relationship with the CILA agency
or an ISC agency and is not employed by or contracted with any other entity
currently providing direct services to individuals with developmental
disabilities.
B) Upon
appointment of a receiver, the Department shall inform the individuals of all
legal proceedings to date which concern the agency.
C) In the case of Department-ordered
transition of individuals to alternative services and supports, the Department
shall establish a schedule for closing the agency and the receiver shall work
with the CILA provider to transition the individuals. The receiver may also:
i) Assist in providing for the orderly
transition of any or all individuals served by the agency to other qualified
agencies and/or make other provisions for their continued health and
well-being;
ii) Assist in providing
for transportation of individuals, records, and belongings if individuals are
transitioned or discharged;
iii)
Assist in locating alternative services and supports;
iv) Assist in preparing individuals for
transition; and
v) Facilitate the
participation of individuals and individuals' guardians/families in the
selection of alternative services and supports.
4) Section
115.326(c)(3)
does not limit the Department's authority to take necessary action through its
own or other State staff.