Current through Register Vol. 48, No. 38, September 20, 2024
a) Adult Day Care (ADC) Providers (see 89
Ill. Adm. Code 676.40) must either be approved
by DHS or by the Illinois Department on Aging (DoA) pursuant to DoA's rules
found at 89 Ill. Adm. Code 240, with the exception that the term "the elderly"
in 89 Ill. Adm. Code 240.1560(a)(1)(A)(ii) and
(a)(2)(A)(iii) should be replaced with the
term "individuals with disabilities".
b) In order to be approved as an ADC Provider
by DHS, the ADC Provider must meet all of the conditions specified by DoA, as
cited above, and:
1) employ a full-time
program director;
2) employ the
equivalent of a full-time program coordinator/director;
3) employ a program nurse who is on duty at
least a portion of every standard business day;
4) employ a nutrition staff;
5) comply with the provisions of:
A) Section 504 of the Rehabilitation Act of
1973 (29 U.S.C.
701), as amended;
B) the Illinois Human Rights Act
[775 ILCS
5];
C) the
Illinois Accessibility Code (71 Ill. Adm. Code 400);
D) the Americans with Disabilities Act
(42 U.S.C.
12101); and
E) the Health Insurance Portability and
Accountability Act (42
U.S.C. 1320d);
6) record the administration of all
prescribed medications for those Customers served through HSP who are unable to
self-administer medication as documented by a physician licensed pursuant to
the Medical Practice Act [225 ILCS 60], a registered nurse
licensed pursuant to the Nursing Practice Act [225 ILCS 65],
or as documented in the individual's Service Plan (IL 488-1049) (89 Ill. Adm.
Code 676.30);
7) provide DHS with a record of the amount of
pre-service training each employee has;
8) require, and provide DHS documentation of,
at least 12 hours of in-service training for each staff person each fiscal
year;
9) successfully complete an
Adult Day Care Provider Review (IL 488-2129) pursuant to Section
686.120;
10) accept reimbursement at or below the
federally-approved Medicaid rates pursuant to the currently active 1915(c) Home
and Community Based Services Waiver;
11) maintain adequate records for planning,
budgeting, administration and program evaluation and planning. These records
shall be available to DHS and the United States Department of Health and Human
Services (HHS), or any entity designated by DHS or HHS, and shall be maintained
for a period of at least 5 years or until advised that all State and federal
audits are completed. These records must include, but not be limited to:
A) records of all referrals, including the
disposition of each referral;
B)
all Customer records;
C)
administrative records, including:
i) service
statistics; and
ii) billing and
payment records;
D)
personnel records, including:
i) schedules and
attendance records for staff and volunteers;
ii) training records for staff and
volunteers;
iii) annual performance
evaluations for all staff and, as appropriate, all volunteers; and
12) have an Affirmative
Action Plan in place which is approved by its governing body.
c) a facility that houses an adult
day care program (including satellite sites) shall meet the criteria for the
Centers for Medicare and Medicaid Services definition of a home and
community-based setting pursuant to
42 CFR
441.301(c)(4) and
42 CFR
441.301(c)(5).
d) if a provider meets the criteria listed in
this Section, application to HSP should be made to:
Illinois Department of Human Services
Division of Rehabilitation Services
Home Services Program, Program Compliance
100 S. Grand Ave. East
Springfield IL 62794
