Current through Register Vol. 48, No. 12, March 22, 2024
a) The Customer is required to manage their
Individual Provider and both the Customer and the Individual Provider are
required to comply with all HSP requirements. This shall include monitoring of
the Individual Provider's work time by both the Customer and the Individual
Provider to ensure unauthorized overtime does not occur.
b) Appropriate action will be taken when
unauthorized overtime occurs or when a Customer and/or Individual Provider does
not comply with HSP requirements. Unauthorized overtime will result in a
documented occurrence of noncompliance (i.e., more than the maximum hours
defined within the currently effective Collective Bargaining Agreement (CBA) in
a work week not approved for an exception under Section
686.1530).
1) An Individual Provider will be given a
written warning for the first three occurrences of unauthorized overtime. Each
written notification of an occurrence of unauthorized overtime shall be valid
for a rolling twenty-four (24) month period.
2) If within any rolling 24 month period a
fourth occurrence of unauthorized overtime occurs, the Individual Provider will
be notified in writing that they are temporarily ineligible for funding from
HSP for 3 months.
3) After the
Individual Provider has been temporarily ineligible for funding three times
pursuant to subsections (b)(1) and (b)(2), the Individual Provider will be
notified in writing that they are permanently ineligible for funding from the
HSP.
4) If an Individual Provider
has been deemed permanently ineligible for funding under subsection (b)(3), the
Individual Provider may request a review after 12 months for reinstatement to
the HSP, except in cases of substantiated fraud, abuse, neglect, or
exploitation.
5) If an Individual
Provider is deemed permanently ineligible under this Subpart, the Customer will
have the opportunity to replace the Individual Provider with another qualified
Individual Provider of the Customer's choosing or the Customer may change to an
agency provider or HSP may amend the Customer's Service Plan to an agency
provider.
6) A Customer who has
continued noncompliance with other HSP requirements in addition to the overtime
noncompliance may have their Service Plan amended to an agency
provider.
7) If any changes to the
Customer's Service Plan are made under this Subpart, a Service Notice with the
effective date of any changes will be issued. The Customer has the right to
appeal the action under 89 Ill. Adm. Code 510.
