The amendments implement the changes to the Prompt Payment Act as amended by Public Act 92-384. The amendments shorten the time frame from 90 to 60 days, in which an invoice payable under FY03 and later funds must be paid in order to avoid interest penalties under the Act. The rules remain unchanged for bills payable from FY02 and prior appropriations. This also amends the 74 Ill. Adm. Code 330 for the Office of the Comptroller.

The amendments raise the minimum threshold for requiring an audit from Department contractors from $50,000 to $150,000. Further, the amendments raise the minimum value, from $300 to $1,500, at which equipment purchased directly with Department funds must be returned to the Department upon the expiration of a contract.

The amendments restrict the allowable behavior treatment models in residential child care facilities to address safety issues and reflect best practice.

The amended Section 300.130 implements Public Act 92-0295, which requires that the Department send a copy of a final finding reports involving indicated allegations of physical or sexual abuse to the indicated victim’s school within ten days after the investigation is completed

These amendments change the amount of time in which initial service plans must be completed. The timeframe has been increased from 30 days from a child’s placement to no later than 45 days after placement within which the Department is required to submit the plan to the juvenile court as required by the Juvenile Court Act. In addition, the Department is adding an amendment by which a hospital discharge summary can serve as the initial health screening required by Section 315.100 (b)(2)(A) if the child is in the hospital at the time the Department takes protective custody. Also, in the following paragraph (b)(2)(B), the requirement for completing the comprehensive health screen has been extended from 21 days to within the 45-day period needed to submit the service plan to the court. In subsection (c), titled “Ongoing Assessment”, health (including well-child exams and a review of immunizations) has been added to safety and risk as factors that must be reassessed on an ongoing basis. The Department is also amending the permanency goal of independence by raising the age at which the goal or independence may be selected for a child from 13 years or older to 16 years or older. This revision implements Public Act 93-0320.

In all of these sections, the Department is amending the definition of “relative” to include “godparent” and “second cousins.” Public Act 92-0192, which amended the definition of “relative” found in the Children and Family Services Act, authorizes this amendment. In addition, since the Act did not define “godparent”, the Department has added a definition. The Department has also added “first cousin once removed,” which is also considered to be a cousin.

This rulemaking is required by Public Act 92-0240, effective January 1, 2002, to establish the process for released offenders to obtain a temporary identification card that may be used as photo identification when applying for a State Identification Card from the Secretary of State upon release. It includes the criteria that must be met prior to issuance of the temporary identification card. The rulemaking also includes general rules regarding preparation for release, supervision of offenders upon release, and designation of programs for assessment and treatment of released offenders who have been identified as substance abusers.

These rules involve the administration of the affordable housing tax credit program. They were established to accomplish the purposes of Section 7.28 of the Illinois Housing Development Act and Section 214 of the Illinois Income Tax Act and in particular the awarding of Affordable Housing Tax Credits in connection with the acquisition, construction, rehabilitation and financing of Affordable Housing Projects for Low-Income Households.

These amendments involve the administration of the affordable housing tax credit program. References to “other dates as required by IHDA” that are in addition to initial closing date and anticipated completion date of a project are removed. Also, changes clarify that sponsors of affordable housing projects participate in the provision of personal services to tenants and prospective tenants of multifamily projects only..

These amendments implement the provisions of Public Act 91-0576, which requires the Department of Human Services to establish and maintain an electronic prescription monitoring program for prescriptions listed in the Schedule II List of Controlled Substances.

These adopted amendments increase the funds allocated for Non-TANF Education and Training Program child care subsidies from $7.5 million to $15 million for FY 2002 and $7.5 million in subsequent fiscal years. This will allow more low-income families, not receiving TANF, to qualify for child care assistance to attend education and training programs.

These amendments reflect the amendments made to the Mental Health and Developmental Disabilities Administrative Act which establish that the Department shall require that no facility, service agency, or support agency providing mental health or developmental disability services that is licensed, certified, operated or funded by the Department shall employ a person, in any capacity, who is identified by the Nurse Aide Registry as having been the subject of a substantiated finding of abuse or neglect of a service recipient. These amendments implement the provisions of Public Act 92-0473.

This rulemaking implements the Family Violence Option of the Temporary Assistance for Needy Families (TANF) program in Illinois. The Family Violence Option is found at 42 USC 602 (a)(7) and 45 CFR 260.50-59. By adopting this option, the Department shall do the following:

1. Notify applicants and recipients of services available to victims of domestic violence;
2. Screen applicants and recipients and identify those who may be victims of domestic violence and be in need of services;
3. Refer those identified in need of services to appropriate services available;
4. Take domestic violence issues into account in creating a client's Responsibility and Services Plan;
5. In cases of corroborated domestic violence, allow various activities related to dealing with domestic violence activities as a good cause reason for failing to comply with a Responsibility and Services Plan'
6. Stop the clock on the 60-month lifetime limit for receipt of TANF cash benefits if the client is experiencing a domestic violence crisis such that the client cannot complete normal work, training or education activities;
7. Grant "good cause" waivers so a client is not required to participate in paternity establishment or child support cooperation due to domestic violence issues as set out in the Child Support program;
8. Ensure confidentiality of all issues surrounding domestic violence; and
9. Conduct domestic violence training.

This rulemaking sets out the process and the reasons a TANF case may receive an exception to the 60-month lifetime limit on the receipt of TANF cash assistance. The client will be notified and must file a written request for an exception. There are six reasons a client may receive an exception which are set out fully in the rulemaking. The rulemaking also sets out the process and timing for making a written request and provide for periodic review of the decision.

This amendment allows providers of community mental health services, contracting with DCFS, to request appeals of suspensions, terminations and funds recovery activities directly through the Department of Children and Family Services instead of requesting such appeals through the Department of Human Services.

The rulemaking limits the reimbursement of adolescent residential rehabilitation services to 120 days per eligible client per benefit year

The Department of Human Services/Office of Alcoholism and Substance Abuse (“DHS/OASA”) has adopted amendments to Rule 2060 deleting all references to “deemed status”. Deemed status had allowed for an exemption from routine inspections if the organization maintains accreditation by the Joint Commission on Accreditation of Healthcare Organizations (“JCAHO”), the Commission of Accreditation of Rehabilitation Facilities (“CARF”) or the Council of Accreditation of Services for Families and Children (“COA”). With the elimination of deemed status, organizations will be subject to routine inspections by DHS.

This new Section implements provisions on reporting suspected fraud and abuse related to programs administered by the Department and the Department of Human Services as successor agency. These proposed changes apply to programs including Medical Assistance; KidCare; Child Support Enforcement: Transitional Assistance; Aid to the Aged, Blind and Disabled; Temporary Assistance to Needy Families; Food Stamps and Child Care.

These changes pertain to any person suspected of fraud and abuse including providers, contractors, recipients of services and State or other governmental employees. The rulemaking describes information on methods for reporting suspected fraud and abuse, time frames for acknowledgment and evaluation of referrals, points of consideration during referral evaluation, and follow-up actions that may be applicable in possible cases of criminal and civil fraud violations, and administrative violations.

The rulemaking specifies that when the evaluation of a referral identifies possible criminal or civil fraud violations of the Medicaid Assistance Program or the KidCare Program by a medical provider or contractor, the referral shall be sent to the Medicaid Fraud Control Unit of the Illinois State Police for its review and possible criminal investigation. The Department’s Office of Inspector General (OIG) may initiate investigations of possible criminal or civil fraud violations by recipients of services and other private citizens, and for possible administrative violations, OIG may initiate a review to determine appropriate administrative action.

This rulemaking establishes a demonstration project regarding nursing facilities that primarily serve persons with severe mental illnesses, and adds new provisions concerning facility classifications and reimbursement methodologies for Institutions for Mental Diseases (IMDs).

The demonstration project established under 89 Ill. Adm. Code 145, Subpart A, will allow nursing facilities to specialize in the treatment of persons with severe mental illness and focus their resources on providing psychiatric rehabilitation services rather than on meeting requirements designed primarily for elderly and medically impaired residents. The demonstration project will focus on developing standards and payment methods specific to the needs of facilities specializing in serving persons with mental illness.

Facilities will be included in the demonstration project on a voluntary basis and with the understanding that federal certification status will be lost. Demonstration project facilities will be those that almost exclusively serve residents with serious mental illnesses who are under the age of 60 years. Because of this population, these facilities are classified as IMDs. According to federal regulations under Title XIX, a nursing facility must be classified as an IMD if it primarily serves persons with mental illness who are older than 21 years and under 65 years of age.

The State does not receive federal matching funds (FFP) for Medicaid services provided to IMD residents who are 22 to 64 years of age. By becoming non-certified licensed facilities, the State will incur an additional loss of federal matching funds for demonstration project nursing facility services for residents who are 65 years of age or older and under 22 years of age. The additional loss of FFP for nursing facility services ranges from an estimated low of $1.2 million to an estimated high of $2.8 million per year, depending upon the number of facilities participating in the program. 89 Ill. Adm. Code 145, Subpart B, is aimed at better management of admissions of persons with mental illness to nursing facilities. The provisions establish two classifications of IMDs: a Class I IMD, which is a nursing facility determined to be an IMD during an initial data review, and a Class II IMD, which is a nursing facility determined to be an IMD in a subsequent data review. A Class I IMD will have a Medicaid rate for all residents set at the rate that would otherwise be determined for nursing facilities that are not IMDs. A Class II IMD will have a Medicaid rate for residents who are 22 through 64 years of age set at one-half of the rate that would otherwise be determined for nursing facilities that are not IMDs. The Medicaid rate for residents outside of that age range will be set at the rate that would otherwise be determined for nursing facilities that are not IMDs.

These amendments pertain to psychiatric rehabilitation service requirements for persons with mental illness who reside in nursing facilities. The changes are companion amendments to new rules at 89 Ill. Adm. Code 145 that relate to Institutions for Mental Diseases. Additionally, several sections pertaining to psychiatric rehabilitation services are outdated and are being repealed.

This rulemaking specifies payment provisions for nursing facilities for services provided to residents who have a primary diagnosis of mental illness and indicates that such payment will be dependent upon facility compliance with all criteria found in the Department of Public Health’s (DPH) rules at 77 Ill. Adm. Code 300.4000 through 300.4090. The rulemaking also describes sanctions for facility noncompliance with DPH standards.

These changes to Part 147 are necessary to comply with the requirements of Public Act 91-0799 which directed the Department to propose rulemaking that addresses requirements and payments for nursing facilities providing services for residents who have a serious mental illness.

These amendments regarding medical payment will implement a 24-month time limitation during which the Department will accept Medicare/Medicaid crossover claims for reimbursement. For Medicaid claims, federal regulations and the Department’s administrative rules require receipt by the Department within 12 months after the date of service. However, the Department does not receive Medicare/Medicaid crossover claims until after the provider has received notice of the disposition of the Medicare claim. Because of this, the 12-month time frame is often inadequate and lengthy delays sometimes occur. These proposed changed concerning a 24-month time limitation for submitting Medicare/Medicaid crossover claims are intended to address these problems.

These emergency amendments establish eligibility standards for the KidCare Parent Coverage Waiver program which has been approved by the federal Department of Health and Human Services. Under this program, which is designed to assist families with obtaining coverage for necessary medical services, the income eligibility standard for a parent or another adult caretaker relative who is 19 years of age or older is being increased to 49 percent of the Federal Poverty Level. For families with children that meet the new income standard, the parent/caretaker relative will be eligible for coverage under the Department’s Medical Assistance Program.

This waiver will also affect the Children’s Health Insurance Program by allowing federal matching funds at 50 percent for KidCare Rebate. Currently, no federal match is provided to the State under KidCare Rebate. Related emergency amendments concerning the KidCare Parent Coverage Waiver are also being filed at 89 Ill. Adm. Code 125 and 89 Ill. Adm. Code 140.

This new program will involve additional expenditures but will also generate offsetting increases in federal reimbursement. To cover costs related to medical coverage for parents, the Department anticipates additional expenditures of $15 million and $32 million during federal fiscal years 2003 and 2004, respectively. Program costs are included in the State fiscal year 2003 budget plan.

The amendments increase the MANG eligibility standard to 100 percent of the federal poverty level and affect eligibility for medical benefits for public assistance to the aged, blind and disabled. The amendments also establish eligibility requirements for SeniorCare, a Medicaid drug benefit program. Eligible individuals for SeniorCare must be 65 years of age or older and have countable annual income at or below 200 percent of the federal poverty level. The program is expected to extend drug coverage to approximately 368,000 low-income seniors.

Section 395.110 has been amended to include references to the Psychiatric Rehabilitation Services Aide Training Program that will be developed to implement Public Act 91-0799. Other sections have been amended to include time frame requirements, requirements for instructors and curriculum requirements for Psychiatric Rehabilitation Services Aide Training Programs. A new section establishes the requirements for waivered Psychiatric Rehabilitation Services Aide Training Programs.

This rulemaking implements Public Act 91-0799, effective June 13, 2000, which amended the Nursing Home Care Act to require the Department to promulgate rules regarding the provision of services, including assessment, care planning, discharge planning and treatment, by nursing facilities to residents who have a serious mental illness.

Subpart S is being added to govern the provision of services to current nursing home residents who have a primary diagnosis of serious mental illness, as defined in the rule. Facilities providing such services will be required to comply with Subpart S by July 1, 2002, and will also be required to maintain compliance with the remainder of Part 300. Subpart S includes requirements for assessment, individualized treatment plans, discharge plans, psychiatric rehabilitation services, work programs, community-based rehabilitation programs and personnel.

Subpart T is being added to govern facilities participating in the Illinois Department of Public Aid’s Demonstration Program for providing services to persons with mental illness. Criteria that must be met by facilities subject to Subpart T are set forth in Section 300.6000. The amendments also include requirements for quality assessment and improvement, resident assessment, individualized treatment plans, incident and accident reporting, medical care, psychiatric rehabilitation services, discharge plans, work programs, community-based rehabilitation programs, emergency use of restraints, personnel, and training and education.

A new Section 350.750 (Contacting Local Law Enforcement) is being added. The new section lists situations in which facilities are to immediately contact local law enforcement authorities. Facilities will also be required to develop policies concerning local law enforcement notification. Staff training and facility compliance with other reporting requirements in Part 350 are also required.

The proposed amendment establishes requirements for the distribution of Health Resources Services Administration grant funds to hospitals for bioterrorism preparedness. The grants are awarded based on factors including tier level of participation; community and population served; EMS and trauma center designation; availability of other sources of funding and resources utilized.

Public Act 92-0418 also amended 6-205(c) and (d) and 6-206(c)(3) of the Illinois Vehicle Code to state that the Secretary of State shall condition the issuance of restricted driving permits upon the installation and use of an ignition interlock device on vehicles driven by multiple offenders under the driving under the influence and the implied consent/summary suspension statutes 11-501(a) and 11-501.1 of the IVC. Section 11-501(i) also provides that the Secretary of State shall establish by rule and regulation the procedures for use of the interlock system.

Furthermore, 6-205(c) and 6-206(c)(3) have been amended to prohibit the Secretary of State from issuing restricted driving permits to DUI offenders for one year after a second or subsequent revocation for driving under the influence, entered pursuant to 6-205(a)(2).

The General Assembly has therefore increased the population of offenders who are required to participate in the interlock program and restricted the population of offenders who are eligible for restricted driving permits, thereby necessitating the amendment of the above-referenced rules so that they will be consistent with the amended statutes.

Finally, P.A. 92-0418 amended the State Finance Act to create the Secretary of State “DUI Administration Fund”, and 6-205(c) and 6-206(c)(3) of the IVC were further amended to require the payment of a fee to the Secretary of State by those petitioners for whom the issuance of restricted driving permits must be conditioned upon the installation of an ignition interlock device. These fees are to be deposited into this fund and are to be used for the operation of the Department of Administrative Hearings. This rulemaking implements the “amount and the procedures, terms, and conditions relating to these fees.”

The Illinois Vehicle Code was amended to provide that the Secretary of State shall require the use of an ignition interlock device on all vehicles owned by people who are convicted of driving under the influence (Section 11-501 of the IVC) a second or subsequent time. This rulemaking amends 92 Ill. Adm. Code 1001, Subpart D, to define who is subject to the rule. The new Section proposed by the rulemaking further clarifies the definition or meaning of the word “owns” for purposes of the rule; requires that those multiple offenders who are subject to the rule (i.e., multiple offenders who are granted driving relief) must certify to the Department of Administrative Hearings that an interlock device has been installed on all of the vehicles which the offender owns; specifies the manner in which this certification shall be provided; provides for the manner in which certification shall be verified by the Department of Administrative Hearings; and states what sanctions shall be imposed for a violation of this rule.