Current through Register Vol. 48, No. 52, December 27, 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 ].
b) Non-discrimination
In accordance with Title VI of the Civil Rights Act of 1964
(42 U.S.C.
2000d (2009)), Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794 (2015)), the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101
through 12213 (2008) and
47 U.S.C.
225 and
611 (2010)) and the regulations at
45 CFR 80 (2005) and 45 CFR 84 (2010), the Department assures that no
Individual shall be subjected to discrimination under this Part on the grounds
of race, color, sex, religion (creed), gender identity, gender expression, age,
national origin (ancestry), ethnicity, disability, marital status, sexual
orientation, or military status.
c) Confidentiality of case information
For the protection of Individuals, any information about an
Individual or case is confidential and may be used only for purposes directly
related to the administration of the Medicaid HCBS Waiver Programs. The
Department and service providers shall inform all entities to whom information
is furnished that this material is confidential, subject to the provisions of
the Confidentiality Act, and shall be so considered by the entity. An
authorization for release of information shall be used to secure the
Individual's or guardian's consent to share information.
d) Notice of action. Individuals requesting
or receiving HCBS Waiver services have the right to:
1) A written notice of:
A) Denial of clinical eligibility by the
Division or an ISC agency;
B)
Denial of service(s) by the Division; and
C) Reduction, suspension, or termination of
HCBS Waiver services by the Division or a provider agency.
2) Appeal the decision disposition
(reduction, suspension, termination, or denial of HCBS services) pursuant to
Section 120.110.
