Current through Register Vol. 48, No. 38, September 20, 2024
a) An
Individual Provider working under HSP shall not work more than the maximum
hours in a work week as defined within the currently effective Collective
Bargaining Agreement (CBA), unless the Customer meets one of the following
exceptions described in this Section.
1)
Provider Capacity Exception: A Customer may apply for this exception when an IP
no longer works for the Customer, is unfunded, no longer meets qualifications,
has expired credentials, and/or there is no qualified IP within 45 miles of the
Customer's service location who is able and willing to provide needed services.
A) This exception must be applied for in
advance or within two weeks of the Customer's need.
B) This exception will be renewed after one
year and automatically renewed for successive one-year periods unless and until
HSP determines not to renew the exception pursuant to the CBA.
2) Unique/Complex Needs Exception:
A Customer may apply for this exception when the Customer's health and safety
would be compromised by adding additional IPs to the Service Plan, which may
include court-ordered service plans, Customers with a DON score at or above 70,
Customers who cannot tolerate multiple IPs because of medical or behavioral
needs, and Exceptional Care Customers.
A) This
exception must be applied for at the time of the Customer's application to HSP
or when the exception is first known to the Customer.
B) This exception will be renewed after one
year and automatically renewed for successive one-year periods unless and until
HSP determines not to renew the exception pursuant to the CBA.
3) Out-of-Town Situations
Exception: A Customer may apply for this exception when the Customer requires
care to ensure their health and safety while out-of-town and it is not feasible
for the Customer to bring additional IPs.
A)
This exception must be applied for in advance of the out-of-town travel
date.
B) The Customer may be
approved to use this exception up to 14 days per year. Approval for this
exception applies to personal care services as noted in 89 Ill. Adm. Code
684.60(c).
4) Emergency Need Exception: A
Customer must apply for this exception when an urgent need for care arises and
working more than the maximum hours defined within the currently effective CBA
in a work week is unavoidable without risking the health and safety of the
Customer.
A) This exception must be applied
for within two weeks of the Customer's need arising.
B) This exception may be approved up to four
times per year for up to 10 hours per pay period.
b) To apply for an exception, the
Customer must submit a request for exception form to HSP Central Office Policy
Unit. The Customer will be notified in writing if they are approved or denied
for an exception under this Section. The Customer has the right to appeal the
determination under 89 Ill. Adm. Code 510.
c) If a Customer wishes to submit a request
for exception form, applications should be submitted by the options listed on
the DHS HSP Overtime website page or mailed to the address below:
Illinois Department of Human Services
Division of Rehabilitation Services
Home Services Program, Policy Unit
100 S. Grand Ave. East
Springfield, IL 62794
d) If a complete exception form has been
submitted and no determination has been made within 30 days, the Individual
Provider shall be deemed conditionally approved to work the overtime hours
until the determination is made.
