Section 509.15  Definitions

 

"Accreditation" – means a process establishing that a program complies with nationally recognized standards of care set by one of the following:

 

Accreditation Manual for Hospitals (Joint Commission on Accreditation of Healthcare Organizations (JCAHO), One Renaissance Boulevard, Oakbrook Terrace, Illinois  60181, as amended 2020);

 

Manual on Agency Accreditation (Council of Accreditation of Services for Families and Children (COA), 520 Eighth Avenue, Suite 2202B, New York, New York  10018, as amended 2020);

 

Mental Health Standards (Joint Commission on Accreditation of Healthcare Organizations (JCAHO), One Renaissance Boulevard, Oakbrook Terrace, Illinois  60181, as amended 2020);

 

Standards for Services for People with Developmental Disabilities (The Council on Quality and Leadership in Supports for People with Disabilities (The Council), 100 West Road, Suite 406, Towson, Maryland  21204, 1990);

 

Standards Manual for Organizations Serving People with Disabilities (Commission on Accreditation of Rehabilitation Facilities (CARF), 101 North Wilmot Road, Suite 500, Tucson, Arizona  85711, July 1992).

 

"Agency" – means the individual or organization with whom the Department has a contract or agreement for services.  The term awardee is synonymous with Agency.

 

"Arm's Length Transaction" – means a transaction between two parties acting independently, with neither party having the ability to control or exercise significant influence over the other party in the making or implementing of financial and operational decisions, leading the parties to agree upon fair market terms.

 

"Award" – means financial assistance that provides support or stimulation to accomplish a public purpose.  "Awards" include grants and other agreements in the form of money, or property in lieu of money, by the State agency or federal government to an eligible recipient.  "Award" does not include:  technical assistance that provides services instead of money; other assistance in the form or loans, loan guarantees, interest subsidies or insurance; direct payments of any kind to individuals; or contracts that must be entered into and administered under State or federal procurement laws and regulations.  For purposes of this Part, "award" and "grant" have the same meaning.

 

"Awardee" means a State, local government, institution of higher education, or organization, whether non-profit or for-profit, that receives State, federal, or federal pass-through financial assistance from a State or federal agency.  The term awardee is synonymous with Agency.

 

"Conflict of Interest" means a situation that arises when a person in a position of authority over an organization, such as an officer, director or manager, may benefit financially from a decision made in that capacity, including indirect benefits such as to family members or businesses with which the person is closely associated. 

 

"Day" – means a calendar day.

 

"Department" – means the Illinois Department of Human Services.

 

"Grant" or "Award" – For purposes of this Part, "grant" and "award" have the same meaning.

 

"Secretary" – means the Secretary of the Illinois Department of Human Services.

 

(Source:  Amended at 48 Ill. Reg. 14689, effective September 27, 2024)

 

Section 509.20  Allowable/Unallowable Costs

 

Allowable/Unallowable Costs − Costs associated with Department programs are assumed to be allowable unless they are specified as unallowable by other Parts of Department rules, or by federal regulation, or by individual program policies or directives of the Department. The funding program determines whether a cost is allowable or unallowable based on the criteria listed in this Section and 44 Ill. Adm. Code 7000.30.  Any grant program policy or directive that impacts whether a grant program cost will be allowable or unallowable must be disclosed to grant applicants prior to application or prior to execution or renewal of the grant agreement, whichever occurs first.  Any denial of a significant, potential expenditure as unallowable shall, upon the grantee's written request, be made in writing within 14 calendar days after receipt of the grantee's request and such writing must describe why that cost is unallowable.

 

a)         Expenses reimbursable from Department funds:

 

1)         In general, expenses meeting all of the following criteria are reimbursable from Department funds if the expenses are:

 

A)        Necessary and related to the provision of program services;

 

B)        Reasonable to the extent that a given cost is consistent with the amount paid by similar agencies for similar services;

 

C)        Not specified in subsection (b) as not reimbursable;

 

D)        Allowable; and

 

E)        Allocable.

 

2)         All expenses that can be identified to a specific Department-funded program shall be charged directly to that program.  Indirect costs (i.e., expenses not directly identifiable to a Department-funded program) shall be allocated to all benefitting programs, both Department-funded and other programs. Awardees are required to have an approved indirect cost rate in the State of Illinois Indirect Cost Rate Election System (ICRES) to be reimbursed for indirect costs in accordance with 44 Ill. Adm. Code 7000.420(e) through (i).  Additionally, awardees must maintain a cost allocation plan, in accordance with Section 509.40(c), if they receive more than one source of funding or operate more than one program.

 

b)         Expenses not reimbursable from Department funds, unless prior written authorization is received from the Department:

 

1)         Research expenses.  Program evaluation expenses are not considered research expenses.

 

2)         Compensation for members of the Agency's governing body.  This does not include reimbursement for travel or other Agency related business expenses incurred by these members;

 

3)         Expenses related to entertainment of persons other than individuals who receive services through a Department program;

 

4)         Individual staff or Agency association dues are not reimbursable except for the following situations:

 

A)        Dues for group purchasing relationships for the exclusive purpose of cost saving on purchases.

 

B)        Dues for membership that provide Agency staff with professional training and resources necessary to provide services funded by the Department;

 

5)         Costs of attending professional meetings; e.g., association meetings and conventions are not allowable except for the portion of costs related to activities to enhance or improve services funded by the Department.  (Costs for staff attendance at in-service training seminars and workshops can be reimbursed.);

 

6)         Fund-raising expenses;

 

7)         Bad debts;

 

8)         Charity and grants (The cost of employee educational assistance can be reimbursed.);

 

9)         The following types of interest expenses:

 

A)        Interest on funds borrowed for investment purpose;

 

B)        Interest on funds borrowed to create more than two months of working capital;

 

C)        Interest on funds borrowed for the personal benefit of any person;

 

D)        Interest on funds borrowed without a prior time-limited written agreement with the Department for the purchase of land, buildings and/or equipment for future expansion, until such assets are actively used in support of program services;

 

E)        Interest in excess of the current market rate paid to individuals or organizations in less than "arm's length" transactions;

 

F)         Interest charges on intra-Agency fund loans, e.g., interest recorded in the capital fund on cash loaned to the operating fund;

 

G)        Interest expense to the extent that interest income was realized by investment of excess operating funds i.e., interest expense must first be offset against interest income and any remaining interest expense is eligible for reimbursement from Department grant funds;

 

10)         The use of Department funds to develop commodity or equipment inventories.  The usage of commodity inventories and the depreciation on fixed assets, if capitalized in accordance with generally accepted accounting principles (GAAP), are expenses that are eligible for reimbursement from Department funds;

 

11)         Depreciation on fixed assets acquired with Department funds;

 

12)         Cost of production of a work program.  When the product of a Department-funded work program is saleable, the expenses of individual's wages and fringe benefits and of material costs are not reimbursable from Department funds;

 

13)         In-kind contributions;

 

14)         Alcoholic beverages;

 

15)         The portion of the cost of automobiles furnished by the organization related to personal use by employees, including transportation to and from work, is unallowable as a fringe benefit or indirect cost;

 

16)         Costs of fines, penalties, legal services, resulting from or in relation to the failure of the awardee to comply with federal, State, and local laws and regulations, are unallowable, except when incurred as a result of compliance with specific provisions of a Department award or program or instructions in writing from the Department;

 

17)         Goods or services for personal use or purchased at less than an "arm's length" transaction for an amount greater than the fair market value;

 

18)         The cost associated with lobbying any elected official of local, State or federal government is unallowable, including:

 

A)        Expenses incurred in attempts to influence the outcome of any federal, State, or local election, referendum, or initiative;

 

B)        Expenses incurred in attempts to influence the introduction, enactment, or modification of federal or State legislation or local ordinances; and

 

C)        Expenses incurred in connection with legislative liaison activities when such activities are carried on in support of, or in preparation for, unallowable lobbying. Cost associated with providing technical and factual information on a topic directly related to the performance of a program funded by the Department, through hearing testimony, statement or letters to elected officials or representative body, are not considered lobbying cost and are allowable;

 

19)         Relocation cost of awardee employees, except in the following situations:

 

A)        The move is for the benefit of the employer;

 

B)        Reimbursement to the employee is in accordance with an established written policy consistently followed by the employer; and

 

C)        The reimbursement does not exceed the employee's actual (or reasonably estimated) expenses;

 

20)         Gratuities;

 

21)         Political contributions;

 

22)         Related party transactions except for the following situations:

 

A)        When the items for which expenses incurred are consistent with fair market value; and

 

B)        There is evidence of approval in the minutes of the governing body;

 

23)         Costs associated with goods or services paid in a "conflict of interest" situation.

 

24)         Salaries above the federal threshold pursuant to the Salary Cap Summary (FY 1990 - present) at https://grants.nih.gov/grants/policy/salcap_summary.htm; and

 

25)         Expenses requiring prior written approval in accordance with 2 CFR 200.407, if not approved in advance.

 

c)         Unless excluded, either in whole or in part, in the language of the applicable Notice of Funding Opportunity, travel will not be denied, categorically, based on distance or cost per traveler, for any grant.  However, whether travel, including distance and cost per traveler, is an allowable cost, is still subject to the allowable principles and any other cost principles applicable to grant expenditures, including but not limited to those listed in subsection (a)(1), "allowable cost" as defined in 30 ILCS 708/15 and 44 Ill. Adm. Code 7000.30, the travel cost limitations found in 30 ILCS 708/130, and the cost principles found in 2 CFR 200, Subpart E and incorporated by reference through 44 Ill. Adm. Code 7040.40(a)(4).

 

(Source:  Amended at 48 Ill. Reg. 14689, effective September 27, 2024)

 

Section 509.30  Fiscal Requirements/Management

 

a)         The Agency shall be managed in a manner consistent with sound fiscal standards.  The Agency shall maintain written policies and procedures regarding its fiscal activities, including but not limited to payroll, purchasing, cash management, relevant fee schedules, contracts, and risk management.  The Agency must demonstrate internal controls that are consistent with any generally accepted accounting principles (GAAP) or as may be appropriate and applicable for the type and size of the organization such as governmental accounting standards (GAS) issued by the Governmental Accounting Standards Board (GASB) for governmental organizations.

 

b)         An Agency is required to provide evidence that the governing body has approved a budget at least annually.  If the budget approved by the governing body indicates deficits for Department-funded programs and/or for the Agency as a whole, this should be documented in the minutes of the governing body meeting.  The governing body is expected to fulfill its statutory responsibility.

 

c)         If the Agency has the responsibility for the management of funds for the individuals it serves, such funds shall be accounted for on an individual basis in a separate account for each individual.  Funds of an individual served by the Agency may not be converted for use by the Agency.  The use of these funds is restricted to the direct needs and support of the individual. Additionally, the use of these funds is subject to the requirements set forth by other relevant State or federal departments or regulatory agencies including, but not limited to, the Illinois Department on Aging, Social Security Administration (SSA), and similar agencies.  Fiscal and Administrative Reviews (FARs) may consider the results of SSA educational visits, payee reviews, annual reporting, and other such requirements for qualified organizations under the SSA Representative Payee program.

 

d)         An Agency that assesses fees/co-payments to individuals for services shall maintain a written policy for billing and collection of fees, co-payments, or both.  This policy will include a system for billing individual's, with appropriate financial assistance based on the ability of the individual or the individual's responsible relative to pay.  The system shall also provide a record of charges and a method of collecting third party payments.

 

e)         No Agency shall require an individual or family member to make cash or in-kind contributions, or to provide unpaid services to the Agency, beyond the fee schedule specified in subsection (d).  No Agency shall suggest, imply, or give reason to believe that access to initial or continued service is contingent on, or in any way related to, voluntary contributions by an individual or family member.  Provision of service in Department-funded programs shall not be denied on the basis of the individual's inability or ability to pay unless the Department requires fees co-payments, or both as part of the eligibility for services.  Such required fees/co-payments must comply with subsection (d).

 

f)         Program income means gross income received by the awardee directly generated by a supported activity, or earned only as a result of the federal award during the period of performance, except as provided in 2 CFR 200.307(f) or 44 Ill. Adm. Code 7000.120(c)(4), as applicable (see also the definition of period of performance in 44 Ill. Adm. Code 7000.30).

 

1)         Program income includes, but is not limited to, income from:

 

A)        Fees for services performed;

 

B)        The use or rental of real or personal property acquired under State, federal or federal pass-through entity awards;

 

C)        The sale of commodities or items fabricated under a State, federal or federal pass-through entity award;

 

D)        License fees and royalties on patents or copyrights; and

 

E)        Principal and interest on loans made with State, federal or federal pass-through entity award funds.

 

2)         Program income does not include interest earned on advances of State, federal or federal pass-through entity award funds.  Except as otherwise provided in State or federal statutes and regulations, or in the terms and conditions of a federal award, program income also does not include rebates, credits, discounts, or interest earned on any credits, rebates or discounts.

 

g)         An Agency is permitted to establish and maintain reserve funds. However, the establishment of or addition to a reserve fund is not permitted from grant award funds.

 

(Source:  Amended at 48 Ill. Reg. 14689, effective September 27, 2024)

 

Section 509.40  Accounting Requirements

 

a)         Each Agency shall establish and maintain a financial system in accordance with generally accepted accounting principles (GAAP) and applicable regulatory requirements including 2 CFR 200.302.  Agencies shall either establish and maintain their own financial systems or enter a contractual relationship with a fiscal agent entity for that purpose.

 

b)         Financial transactions shall be properly classified, adequately documented, supported, and recorded in appropriate books of original entry (journals), and posted to general ledgers on a monthly basis.

 

c)         For programs funded by the Department, expenses shall be recorded by specific program.  Expenses for all other programs may be booked on total.  Expenses that cannot appropriately be charged directly to a specific program shall be reimbursable as indirect costs up to the limit of the State of Illinois approved Indirect Cost Rate agreement (see 44 Ill. Adm. Code 7000.420).  Other shared expenses may be allocated on a reasonable basis to the various benefitting programs, both Department-funded programs and programs funded from other sources in accordance with the Agency's written cost allocation plan and methodology.  It will be the Agency's responsibility to document its program expense allocation methodology and rationale.

 

d)         All financial records and supporting documents shall be retained for at least five years after the end of the fiscal year to which they relate.  If need for them still remains, because of unresolved audit issues, litigation or for similar reasons, related records must be retained until the matters are completely resolved.  Failure to maintain adequate records to document the expenditure of DHS funds creates a presumption in favor of the Department for recovery of the funds.

 

e)         All depreciation schedules shall be in accordance with 2 CFR 200.436(d)(2).  The Agency shall clearly identify in its depreciation schedule any capital assets equal to or greater than the amount stated in 2 CFR 200.439 acquired with Department grant award funds.

 

f)         The Department may establish additional accounting requirements for specific grants or programs.  Agencies receiving such grants or receiving funds for such programs shall comply with those special requirements.

 

(Source:  Amended at 48 Ill. Reg. 14689, effective September 27, 2024)

 

Section 509.50  Funding Suspension

 

a)         The Department may suspend funds to the awardee for any of the following reasons:

 

1)         Denying Departmental staff reasonable access to records required under this Part or any other applicable rule of the Department (i.e., records pertaining to the activities and responsibilities of the awardee necessary to document the use of Department funds or responsibilities of the awardee relative to the management of Department funds);

 

2)         Failure to implement mutually agreed upon, written corrective actions that resulted from findings and recommendations related to a Departmental initiated review.  Awardees will be given a reasonable amount of time to implement corrective actions. Normally this would be three to six months;

 

3)         When the Department has information, either from Department fiscal/administrative reviews, Office of Executive Inspector General, Office of Attorney General, reviews by State or federal governmental or investigative bodies, or from an independent audit, that leads to a reasonable conclusion that the awardee is in substantial non-compliance with generally accepted accounting principles or is otherwise unable to protect and account for Department funds;

 

4)         A founded complaint or report from another State or federal agency that impacts directly or indirectly on Department of Human Services programs.

 

b)         During the period of suspension, funds earned by the awardee will continue to accrue and will be released by the Department once the awardee complies with the conditions that caused the funding suspension or the Secretary determines that the suspension should be removed in accordance with Section 509.65. Release of funds is contingent on the Department's authority to pay for service (e.g., reimbursement for a prior fiscal year after the close of the lapse period would be outside the Department's authority).

 

(Source:  Amended at 48 Ill. Reg. 14689, effective September 27, 2024)

 

Section 509.60  Cancellation of Award/Agreement

 

The Department may cancel the award/agreement for any of the following reasons:

 

a)         Substantial or material breach of the agreement;

 

b)         Failure to implement a mutually agreed upon, written corrective action plan within the reasonable period of time, when the corrective action was necessary to remedy serious and substantial deficiencies and weaknesses in the awardee's fiscal and administrative practices;

 

c)         Documentation of fraudulent or criminal activity, on the part of the awardee, by either the Department or other governmental or investigative bodies;

 

d)         Determination by DHS leadership, based on a founded allegation, that the awardee was responsible for abuse or neglect of a client in the awardee's care;

 

e)         Failure to take reasonable measures to protect Department funds from misappropriation, embezzlement, or conversion for uses not approved by the Department; or

 

f)         A founded complaint or report from another State agency relative to Department programs.

 

(Source:  Amended at 48 Ill. Reg. 14689, effective September 27, 2024)

 

Section 509.65  Process for Suspension of Funding/Cancellation of Award/Agreement

 

a)         Suspension/Cancellation.  The process for suspension of funding pursuant to Section 509.50 and cancellation pursuant to Section 509.60 is as follows:

 

1)         Notice.  The awardee shall be notified, in writing, by the Department of the action taken, the reason for the action, and the effective date of the action.  The Notice shall be sent by certified mail, registered mail, or private carrier.

 

2)         Request for Review.  The awardee shall have 7 days from the receipt of the notice, as determined by the certified mail, registered mail, or private carrier receipt, to request a review of the suspension/cancellation action by the Secretary of the Department and to provide supportive information to the Secretary as to why the action should not occur.  If the request and information are not submitted within the 7-day period, the Department may proceed with the suspension or cancellation.

 

3)         Additional Information.  To assist the Secretary in their review, the Department may request additional information from the awardee or other sources.  Any additional information requested from the awardee must be submitted within the time period established by the Department.  Failure of the awardee to comply with the request for additional information in a timely manner may result in resolution of the issue without consideration of that information.

 

4)         Secretary's Decision.  The Secretary may delegate the responsibility for investigation of the issue and fact finding.  The Secretary shall issue a final written decision as expeditiously as possible after receiving the request for review, supportive information, and any additional information requested by the Department.  The Secretary's final decision to suspend funding, in part or in whole, shall indicate terms and conditions for rescinding the suspension and reinstatement of funding.  The decision of the Secretary is a final decision of the agency for purpose of the Administrative Review Law [735 ILCS 5/Art. III], if applicable.

 

b)         Cancellation of Funding.

 

1)         Funding under this Part to an awardee who is served a notice under subsection (a)(1) may be suspended summarily without opportunity to provide supportive information as provided in subsection (a)(2) if, in the Secretary's discretion, it is determined that immediate suspension is necessary because the risk of continuing funding is sufficient to seriously outweigh the general policy in favor of advance notice and the opportunity to provide supportive information.  If the suspension is pending a final decision of cancellation under Section 509.60, the awardee shall not incur costs chargeable to the Department after the effective date included in the notice.  Opportunity to provide supportive information shall be provided according to the provisions of subsection (a)(2) following suspension pending cancellation of funding.  If the Secretary finds for the awardee, funding shall then be reinstated.

 

2)         For all other actions for suspension or cancellation of funding, in whole or in part, suspension or cancellation shall occur after issuance of the Secretary's final written decision.

 

(Source:  Amended at 48 Ill. Reg. 14689, effective September 27, 2024)

 

Section 509.70  Fiscal and Administrative Reviews

 

a)         The Department shall conduct periodic monitoring activities including onsite, virtual, or desk fiscal and administrative reviews of awardees.  At the Department's option, other public or private organizations may assist the Department in these reviews, or the Department may authorize these public or private organizations to do their own review.  Public or private organizations authorized by the Department to assist or conduct reviews are subject to the confidentiality requirements of the Department. The purpose of the reviews is:

 

1)         Assess compliance with the requirements of this Part; and/or

 

2)         Follow up on corrective actions and findings from previous reviews. Fiscal/administrative reviews may be conducted as independent reviews or in conjunction with other Department monitoring activity.  The Department will make reasonable efforts to combine fiscal and administrative reviews with other Department reviews to minimize disruption to the awardee.

 

b)         The awardee shall make available to the Department all records necessary to complete the review.  This would include all subcontracts and management agreements.  Such subcontracts or management agreements must be in writing and contain a provision authorizing the Department access to appropriate records.

 

c)         When the Department's fiscal/administrative review results in findings that merit correction, the awardee shall be notified in writing and given the opportunity to submit a corrective action plan. The awardee shall provide written corrective actions, if requested by the Department, in response to findings and recommendations resulting from a fiscal/administrative review.

 

d)         The Department may at its option release the final report and associated documents to individuals and organizations other than the awardee. Reasons for the release may include but are not limited to: freedom of information requests, as part of a criminal investigation, in response to a request from another government agency, or in response to a court order.

 

(Source:  Amended at 48 Ill. Reg. 14689, effective September 27, 2024)

 

Section 509.80  Administrative Requirements

 

The Department requires that all awardees of services be able to demonstrate compliance with the following administrative activities.  In those instances where an awardee believes these requirements are not appropriate, the Department will consider written requests for a waiver of the specified requirement.  A request for a waiver shall be written and addressed to the Secretary.  It should identify the portion of the rule from which a waiver is being sought and state the reason for this request.  Factors the Department will consider in granting the request include, but are not limited to, the size of the Agency, its legal status (e.g., not-for-profit, for-profit), any resulting conflict of interest, and the rationale for the request.  The Department shall have 30 days after the receipt of any request for a waiver to respond.  The Department's response shall be in writing.

 

a)         The organization's bylaws, policies and procedures should be current. These should be reviewed and approved by the governing body of the awardee and should address issues related to good business practice. Other information that should be available includes, but is not limited to, the following:

 

1)         A current organization chart.

 

2)         A list of board members and their term of office.  Employees of the awardee and immediate family members of awardee employees may not serve as members of the board.  Vacancies on the board should be filled in a timely fashion.  Individuals serving on the board must be able to objectively discharge their duties and may not engage in activities that could create a conflict of interest.

 

3)         Minutes of the board meetings.  The board should meet at least quarterly.

 

4)         Specific written policies on:

 

A)        Conflict of interest, including staff, administration, and Board member disclosures;

 

B)        Fee policies and fee schedules;

 

C)        Unusual incidents (e.g., sexual assault, sexual harassment, abuse, neglect, death, physical injury, missing person, theft, assault, criminal conduct).

 

b)         Proof of incorporation status.

 

c)         Copies of the following reports, if applicable:

 

1)         Annual Report to the Internal Revenue Service (Return of Organization Exempt from Income Tax Form 990 or 990-EZ);

 

2)         Annual Report to the Attorney General (Charitable Organization − Form AG 990-IL);

 

3)         Employer's Quarterly Federal 941 Tax Filings;

 

4)         Employer's Quarterly Illinois 941 Tax Filings; and/or

 

5)         Employer's Quarterly Illinois Department of Employment Security (IDES) Tax Filings.

 

d)         A comprehensive, written set of personnel policies that at a minimum address the following:

 

1)         Policies concerning the hiring, evaluating, and discipline of staff (including termination);

 

2)         Policies on nondiscrimination in hiring, employment, or discrimination for awardee personnel or award recipients on the basis of, including, but not limited to, race, color, sex (including sexual harassment) religion, national origin, ancestry, age (40 and over), order of protection status, marital status, sexual orientation (including gender-related identity), physical or mental disability, unfavorable discharge from military service, pregnancy, or citizenship status.  Policies must also address employment discrimination based on arrest record, or discrimination in real estate transactions based on familial status or arrest record;

 

3)         Requirements for license, registration, or certification by the State, if required;

 

4)         Requirements for a written job description listing duties and responsibilities;

 

5)         Requirements for an annual written evaluation;

 

6)         Method of performing background checks for paid staff as required by local, State or federal law or regulation;

 

7)         Policies on sexual harassment that identify employee's rights and the procedure used to file a complaint; and

 

8)         Policies concerning approval of bonuses and/or deferred compensation for staff and administration, including the need for Board approval of such personnel transactions.

 

e)         Maintenance of a property control inventory that includes a description of each item, identifying number of the item, date the item was purchased, the cost of the item, location of the item, the source of funds used to purchase the item, and relevant disposition data, including, but not limited to, applicable disposal dates, if available.

 

f)         Full disclosure of all management and subcontractor arrangements, including all supporting documents.

 

(Source:  Amended at 48 Ill. Reg. 14689, effective September 27, 2024)

 

Section 509.90  Compliance with Life Safety Standards and Requirements

 

All program facilities shall be in compliance with applicable State licensure requirements and local ordinances with regard to fire, building, zoning, sanitation, health, and safety requirements.

 

Section 509.100  Prompt Payment Act

 

The provisions of the Prompt Payment Act apply to this rule.  This Part does not constitute a waiver of the awardee's rights to recover a penalty for late payment as specified in the Act.

 

(Source:  Amended at 48 Ill. Reg. 14689, effective September 27, 2024)

 

Section 509.110  Accreditation

 

a)         Awardees demonstrating current accreditation status under either the Standards for Services for People with Developmental Disabilities (Council), Standards Manual for Organizations Serving People with Disabilities (CARF), Council on Accreditation of Services for Families and Children (COA), Mental Health Standards (Joint Commission), or the Accreditation Manual for Hospitals (Joint Commission) may be deemed to be in compliance with all or part of Sections 509.30 and 509.80 at the sole discretion of the Department.  Standards the Department will consider when determining whether current accreditation status will suffice include, but are not limited to, the time period since last accreditation, the continuity of awardee management and board oversight (does the awardee have the same management and board as when accreditation status was earned) and whether the Department has unusual or outstanding problems with the awardee.

 

b)         Demonstration of current accreditation shall be the responsibility of the awardee.

 

c)         If the awardee's accreditation status changes for any reason, the awardee shall notify the Department of that change within 30 days after the effective date following the change.

 

d)         The Department may review records of the awardee subject to accreditation.

 

(Source:  Amended at 48 Ill. Reg. 14689, effective September 27, 2024)