AUTHORITY: Implementing Section 3 of the Disabled Persons Rehabilitation Act [20 ILCS 2405/3] and authorized by Section 5-625 of the Civil Administrative Code of Illinois [20 ILCS 5/5-625].
SOURCE: Emergency rules adopted at 17 Ill. Reg. 11812, effective July 1, 1993, for a maximum of 150 days; adopted at 17 Ill. Reg. 20461, effective November 15, 1993; amended at 18 Ill. Reg. 11275, effective June 30, 1994; emergency amendment at 18 Ill. Reg. 16468, effective October 20, 1994, for a maximum of 150 days; amended at 19 Ill. Reg. 7260, effective May 12, 1995; amended at 19 Ill. Reg. 7435, effective May 19, 1995; amended at 19 Ill. Reg. 10153, effective June 29, 1995; amended at 19 Ill. Reg. 10709, effective June 29, 1995; amended at 20 Ill. Reg. 6319, effective April 18, 1996; amended at 20 Ill. Reg. 6523, effective April 18, 1996; amended at 20 Ill. Reg. 10375, effective July 19, 1996; amended at 21 Ill. Reg. 1395, effective January 17, 1997; recodified from the Department of Rehabilitation Services to the Department of Human Services at 21 Ill. Reg. 9325; amended at 23 Ill. Reg. 201, effective December 15, 1998; amended at 23 Ill. Reg. 7502, effective June 17, 1999; emergency amendment at 24 Ill. Reg. 6728, effective April 14, 2000, for a maximum of 150 days; emergency amendment at 24 Ill. Reg. 10372, effective July 1, 2000, for a maximum of 150 days; emergency expired on November 27, 2000; amended at 24 Ill. Reg. 13687, effective August 23, 2000; amended at 24 Ill. Reg. 18561, effective November 30, 2000; amended at 25 Ill. Reg. 4568, effective April 1, 2001; amended at 27 Ill. Reg. 12602, effective July 21, 2003; amended at 30 Ill. Reg. 1886, effective January 30, 2006; amended at 31 Ill. Reg. 7006, effective April 30, 2007; recodified at 32 Ill. Reg. 6772; amended at 32 Ill. Reg. 10086, effective June 26, 2008; amended at 36 Ill. Reg. 6598, effective April 13, 2012; amended at 42 Ill. Reg. 16224, effective August 8, 2018; amended at 47 Ill. Reg. 13560, effective September 7, 2023.
SUBPART A: GENERAL ISSUES
Section 590.10 General Applicability
The rules contained in this Part are applicable to all customers of the Department of Human Services-Division of Rehabilitation Services (DHS-DRS) Vocational Rehabilitation (VR) Program.
(Source: Amended at 31 Ill. Reg. 7006, effective April 30, 2007)
Section 590.20 Availability of Services
Services described in this Part shall only be provided to customers who have been determined eligible to receive VR services (89 Ill. Adm. Code 553) for whom an Individualized Plan for Employment (IPE) has been developed calling for the provision of such services to reach the customer's employment outcome. There must be documentation in the case record to indicate that services defined in this Part will reduce the customer's impediment to employment.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.30 Effect of Financial Status on Services
Unless otherwise specified in this Part, services contained in this Part shall be provided in accordance with Customer Financial Participation (89 Ill. Adm. Code 562).
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.35 Effect of Comparable Benefits
Unless otherwise specified, Comparable Benefits (89 Ill. Adm. Code 567) must be sought for all services provided under this Part.
Section 590.40 Choice of Service Providers
a) Unless otherwise specified in this Part and to the maximum extent possible, the customer shall have the right to choose any service provider to provide those services listed in the IPE. The provider must be certified, licensed or determined qualified to provide the specific service required.
b) If comparable services are available at a lower cost from a service provider not chosen by the customer, the customer shall pay the difference in costs to use the service provider of his/her choice.
(Source: Amended at 24 Ill. Reg. 18561, effective November 30, 2000)
Section 590.45 DHS-DRS Bidding Procedure
a) Counselors may purchase items necessary to support a customer's IPE that cost less than $1000 without obtaining bids.
b) Counselors may purchase, with proper approval, items costing more than $1000 after pursuing three bids. If the item is available from fewer than 3 sources, the maximum number of bids shall be sought. The counselor shall document all bidding activities. A bid is an attempt to receive a purchase price. The process used shall give all providers an adequate opportunity to respond and shall include a due date.
c) The lowest bid received shall be selected in each case unless there are documented reasons to reject the lowest bid. Should the customer choose another bidder and there are no documented reasons for not selecting the lowest bid, the customer shall pay the difference between the bids in addition to other customer financial participation, if any.
d) Customized prosthetics, orthotics and wheelchairs may be purchased without bids after documented consultation with the Central Office Resource Specialist.
e) Hearing aids may be authorized without bids based on medical recommendation. After the 30-day trial period, hearing aids will be vouchered at the manufacturer's invoice price.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.47 Previously Purchased Services and Equipment
DHS-DRS shall not pay for any services or equipment purchased by a customer prior to the completion, approval and signing of the customer's IPE. This shall include, but is not limited to, training services, vehicle modifications, tools, equipment, mental and physical restoration services, medication, wheelchairs, hearing aids, prosthetics, etc.
(Source: Added at 36 Ill. Reg. 6598, effective April 13, 2012)
SUBPART B: MEDICAL, PSYCHOLOGICAL AND RELATED SERVICES
Section 590.50 Provision of Services
a) All services described in this Subpart shall be provided in accordance with the provisions of this Subpart and Subpart A of this Part.
b) All services provided in accordance with this Subpart shall be recommended in writing by the qualified professional as specified in Section 590.60.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.60 Qualification of Medical and Psychological Service Providers
To be qualified to provide the services specified in Sections 590.40 and 590.50 of this Part, the following shall apply:
a) Individual service providers must be:
1) a physician, as defined by, and licensed pursuant to, the Medical Practice Act of 1987 [225 ILCS 60];
2) a registered professional nurse licensed pursuant to the Nurse Practice Act [225 ILCS 65];
3) a therapist or physician assistant licensed pursuant to the Physician Assistant Practice Act of 1987 [225 ILCS 95];
4) a psychologist licensed to practice under the Clinical Psychologist Licensing Act [225 ILCS 15] or a social worker licensed to practice under the Clinical Social Work and Social Work Practice Act [225 ILCS 20] or a professional counselor licensed to practice under the Professional Counselor and Clinical Professional Counselor Licensing Act [225 ILCS 107] or a marriage and family counselor licensed to practice under the Marriage and Family Therapy Licensing Act [225 ILCS 55] by the Illinois Department of Financial and Professional Regulation or, for customers receiving secondary educational services, a psychologist certified by the Illinois State Board of Education. Psychological testing or evaluation performed by an individual who does not meet the criteria above but who has the appropriate training and skill to administer such testing and evaluation may be accepted if cosigned by an individual holding the credentials listed in this subsection (a)(4);
5) an optometrist licensed pursuant to the Optometric Practice Act [225 ILCS 80]; or
6) a podiatrist licensed pursuant to the Podiatric Medical Practice Act of 1987 [225 ILCS 100]; or
7) a speech and language pathologist licensed pursuant to the Illinois Speech-Language Pathology and Audiology Practice Act [225 ILCS 110].
b) In order to provide hearing and hearing aid evaluations under Section 590.100 – Hearing Aids, the evaluator must:
1) be licensed pursuant to the Illinois Speech-Language Pathology and Audiology Practice Act [225 ILCS 110]; and
2) meet the requirements set forth in the Hearing Instrument Consumer Protection Act [225 ILCS 50].
c) The Joint Commission on Accreditation of Healthcare Organizations must approve hospitals providing services to customers under this Part.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.70 Treatment of Acute Conditions
DHS-DRS may pay for the treatment of an acute illness when the following conditions are met:
a) it is in support of a substantial service listed on the IPE;
b) there is no comparable benefit available;
c) the treatment is deemed necessary and recommended by the appropriate medical professional;
d) the treatment is mutually agreed to by the customer and the counselor; and
e) the customer's IPE is amended to allow for the provision of these services.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.80 Medication
a) DHS-DRS may pay for:
1) medication as a substantial service necessary to cure or stabilize a condition in accordance with the customer's IPE; or
2) ongoing medication as a support service to the substantial service on the customer's IPE.
b) Customers provided services under subsection (a) must be re-evaluated every six months to determine whether their medication needs are still required.
(Source: Amended at 36 Ill. Reg. 5698, effective April 13, 2012)
Section 590.85 Treatment
a) DHS-DRS may pay for treatment (e.g., doctor's office visits, therapy, surgery) necessary to cure or stabilize a condition in accordance with the customer's IPE.
b) DHS-DRS shall not pay for ongoing treatment except as a support service to the substantial service on the IPE and then only until completion of that substantial service.
(Source: Added at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.90 Hearing Aid Evaluations
Any customer determined to have a hearing disability as documented in the case record and for whom a hearing aid is expected to be a necessary service must undergo a hearing evaluation and a hearing aid evaluation.
a) A hearing evaluation shall consist of:
1) air and bone conduction testing;
2) speech reception threshold;
3) speech discrimination;
4) most comfortable loudness level; and
5) uncomfortable loudness level.
b) A hearing aid evaluation shall consist of:
1) selection of an appropriate hearing aid, based upon the outcome of the hearing evaluation (89 Ill. Adm. Code 590.90(a));
2) fitting of the hearing aid;
3) adaptation and services of the hearing aid;
4) testing of the hearing aid by means of an audiometer calibrated to American National Standards Institute standards (ANSI/ASA S3.6-2010, with no later amendments, available from ANSI, 1899 L Street, NW, 11th Floor, Washington DC 20036); and
5) other testing allowed pursuant to 77 Ill. Adm. Code 682.300, the Hearing Instrument Consumer Protection Code.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.100 Hearing Aids
Hearing aids will be purchased for a customer when:
a) the provisions listed at Section 590.20 are met;
b) the need for a hearing aid or aids is evidenced in the customer's audiological profile (i.e., the results of the customer's hearing and hearing aid evaluations); and
c) the customer demonstrates an ability to effectively utilize hearing aids as determined by a qualified evaluator.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.110 Speech and Language Services
Pursuant to the provisions of 89 Ill. Adm. Code 590.20, DHS-DRS will provide speech and language pathology services in accordance with the customer's long term rehabilitation goals as stated on his or her IPE (89 Ill. Adm. Code 572).
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.120 Low Vision Devices
Pursuant to the provisions of 89 Ill. Adm. Code 590.20, DHS-DRS will provide low vision devices to the customer, including electronic devices (e.g., closed circuit television magnification systems).
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.130 Mental Restoration Services
a) Pursuant to the provisions of 89 Ill. Adm. Code 590.20, DHS-DRS will, with the exception of electro-shock treatments, provide in-patient mental restoration services from a private hospital only when the need for those services is documented in the customer's case record by reports from the customer's psychiatrist or psychologist and comparable benefits (89 Ill. Adm. Code 567.30(e)) are not timely or available.
b) In cases described in subsection (a), comparable benefits shall be arranged at the soonest possible time after initiation of services and DHS-DRS funding will be withdrawn.
c) DHS-DRS shall not pay for on-going mental restoration services unless these services are in support of a substantial service listed on the customer's IPE.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.140 Heart Surgeries
Pursuant to the provisions of 89 Ill. Adm. Code 590.20, DHS-DRS will provide heart surgery for a customer when documentation from the customer's physician is contained in the customer's case record and indicates that the customer's prognosis for returning to gainful employment is good.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.150 Kidney Transplant and Related Services
Pursuant to the provisions of 89 Ill. Adm. 590.20, and with supporting documentation from the customer's physician, DHS-DRS shall provide kidney transplant, dialysis and artificial kidney services to a customer diagnosed as having end stage renal failure when information contained in the customer's case record indicates the customer's prognosis for returning to gainful employment is good.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.160 Chiropractic Services
Pursuant to the provisions of Section 590.20, and with supporting documentation from the customer's physician, chiropractic services may be provided to customers when there are no medical contraindications to spinal manipulations.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.170 Prosthetic and Orthotic Devices
a) Pursuant to the provisions of 89 Ill. Adm. Code 590.20, prosthetic and orthotic devices may be provided to a customer when the customer has been evaluated by a physiatrist, orthopedist or other qualified physician and a physician has issued a prescription for the device.
b) The evaluation shall include an assessment of the customer's readiness for fitting of the device, evaluation of the fit, evaluation of the fabrication of the completed device and evaluation of the customer's individual training needs for the use of the device.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.180 Wheelchairs
Pursuant to the provisions of Section 590.20, a wheelchair will be purchased for a customer only when a prescription for the device is issued by the customer's physician.
(Source: Amended at 19 Ill. Reg. 7435, effective May 19, 1995)
Section 590.190 Prohibited Services
Under no circumstances shall DHS-DRS provide to a customer:
a) surgeries for the treatment of extreme obesity;
b) abortions or any associated services;
c) transsexual services or any associated services;
d) organ transplants or any related services, with the exception of services provided under Section 590.150, Kidney Transplant and Related Services;
e) any drug, therapeutic device, procedure or surgery that cannot be legally prescribed by a licensed medical professional or that is outside accepted medical practice; any drug that has not been approved by the Food and Drug Administration (FDA) of the United States Department of Health and Human Services; any therapeutic device that has been banned under 21 USC 360f; or any procedure or surgery that cannot be prescribed or performed by a licensed medical professional; and
f) surgical or other services solely for cosmetic purposes. A surgery or service is not "solely for cosmetic purposes" when it would correct or substantially modify a physical condition that constitutes an impediment to employment. 89 Ill. Adm. Code 553.150 sets out the functional capacities that, if seriously limited, could constitute an impediment to employment.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
SUBPART C: TRAINING AND RELATED SERVICES
Section 590.200 Provision of Services
All services described in this Subpart shall be provided in accordance with the provisions of this Subpart and Subpart A of this Part.
Section 590.210 Qualification of Training Facilities/Institutions
a) Any training facility/institution/program not operated by DHS-DRS that is used to provide services to a VR customer must be approved by, or registered with, the Illinois State Board of Education pursuant to 23 Ill. Adm. Code 1, 25, 254, 401 and 451, the Board of Higher Education pursuant to 23 Ill. Adm. Code 1000, 1010, 1030 and 1050, the Illinois Community College Board pursuant to 23 Ill. Adm. Code 1501, or registered with the Illinois Department of Financial and Professional Regulation pursuant to 68 Ill. Adm. Code: Chapter I, Subchapter b.
b) Any training facility located outside of the State of Illinois shall be registered with the appropriate regulating entity in that state and approved for use by the VR agency in that state.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.220 Purpose and Types of Training
Vocational, technical or academic training may be available to a customer of the VR program, as appropriate. The training shall be determined by the customer's Assessment (89 Ill. Adm. Code 553.100) and shall be included in the customer's IPE (89 Ill. Adm. Code 572).
a) Degree Training
DHS-DRS requires supporting evidence to indicate a customer has the ability and the capability to succeed in college level training before DHS-DRS will commit to any financial contribution for post-secondary education.
1) For individuals with no prior post-secondary training, supporting evidence shall include the following:
A) ACT, SAT or Prairie State score;
B) high school curriculum;
C) class rank;
D) high school cumulative grade point average;
E) other diagnostic tests as appropriate; and
F) other supporting documentation, as appropriate.
2) For individuals with prior post-secondary training, in addition to the evidence required by subsection (a)(1), the following information will be evaluated to determine if there is a need for further post-secondary training that would lead to employment:
A) number of credit hours previously earned;
B) degree and certifications currently held;
C) previous work history related to degree held; and
D) reasons the customer is not employed with current qualifications.
b) Non-Degree Training
DHS-DRS requires supporting evidence to indicate a customer has the ability and the capability to succeed in vocational or technical training before DHS-DRS will commit to any financial contribution. Supporting evidence shall include:
1) high school curriculum and grades; and
2) previous work experience, if applicable.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.230 Financial Guidelines for Training Services
a) Training services shall be provided to a customer in accordance with the provisions set forth at 89 Ill. Adm. Code 562 (Customer Financial Participation). Customers attending training must provide proof of award or denial of financial assistance, the amount of the award, acceptance at the institution, and any previous transcript before the implementation of the customer's IPE or subsequent amendment.
b) DHS-DRS VR Program will assist with the purchase of books, supplies and materials required of all students, necessary for a customer to complete his or her training program in accordance with 89 Ill. Adm. Code 562 and 89 Ill. Adm. Code 567 (Comparable Benefits). DHS-DRS may contribute up to $25 per term for consumable supplies (e.g., paper, pencils, notebooks).
c) DHS-DRS will assist with the purchase of the medical/health related insurance coverage, if offered and required by the training institution. This shall be done in accordance with 89 Ill. Adm. Code 562 and 89 Ill. Adm. Code 567.
d) DHS-DRS will assist with the purchase of support services in accordance with 89 Ill. Adm. Code 562 and 567.
e) DHS-DRS will assist with the purchase of auxiliary services in accordance with Cooperative Working Agreements (CWA) with the institution of higher education. If no CWA has been established, the counselor will contact the Services for the Deaf and Hard of Hearing unit, which monitors CWA, prior to purchasing any auxiliary services.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.240 Undergraduate and Non-degree Training
The customer has the right to make an informed choice of the training facility that he or she will attend in completing his or her IPE. State of Illinois public institutions of higher education shall be given preference over out-of-state and private institutions.
a) Non-Degree Training
1) DHS-DRS will provide financial contribution up to the total cost leading to the industry-recognized credential required to achieve the employment outcome. The DHS-DRS financial contribution will be based on the total cost of attendance at an Illinois in-district community college, unless training can be obtained at a lower cost from another institution. DHS-DRS financial contribution is less comparable benefits (see 89 Ill. Adm. Code 567.20) and less any customer financial participation (see 89 Ill. Adm. Code 562.30).
2) DHS-DRS will annually establish a maximum financial contribution for tuition and fees if no program is available from an Illinois public community college leading to an industry-recognized credential. DHS-DRS financial contribution is less comparable benefits and less any customer financial participation.
b) Associate Degree Training
1) For customers attending an Illinois public community college, DHS-DRS will provide financial contribution up to the in-district cost, less comparable benefits and less any customer financial participation.
2) For customers attending private or out-of-state institutions granting an associate degree, DHS-DRS will provide financial contribution no greater than the in-district costs of the Illinois community college district in which the customer resides, less comparable benefits and less any customer financial participation.
c) Bachelor's Degree Training
1) For customers attending an Illinois public four-year university, DHS-DRS will provide financial contribution up to the published costs for in-state tuition and fees, less comparable benefits and less any customer financial participation.
2) For customers attending private or out-of-state institutions granting a bachelor's degree, DHS-DRS will annually establish a maximum financial contribution for tuition and fees. DHS-DRS will provide financial contribution up to the maximum amount, less comparable benefits and less any customer financial participation.
d) Exceptions may be granted by the appropriate Bureau Chief for an individual customer if there are extenuating circumstances relating to the customer's disability.
e) The State VR Director can make an exemption for a specified institution of higher education based on the value of the unique program and contribution of services to customers as related to their disabilities and documented success of the institution of higher education.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.250 Graduate School Training
DHS-DRS shall assist with financial contribution toward graduate school only when the graduate degree is required to achieve the customer's employment outcome. The necessity of the graduate degree is to be determined by the counselor and the customer based on knowledge of the occupational choice and labor market information. The customer shall provide proof of acceptance into the specific graduate program that is required for the customer's employment outcome. Customers accepted as a student-at-large do not qualify for DHS-DRS financial contribution.
a) Customers attending graduate school must financially contribute toward their training costs. A customer's financial contribution toward training costs is 10% of published tuition and fees in addition to any financial participation that is determined during the customer's financial analysis (see 89 Ill. Adm. Code 562). Customers receiving SSI or SSDI are exempt from the 10% requirement.
b) For customers attending an Illinois public university graduate program, DHS-DRS will provide financial contribution up to the published in-state tuition costs less the 10% fee requirement, less comparable benefits (see 89 Ill. Adm. Code 567.20) and less any customer financial participation (see 89 Ill. Adm. Code 562.30).
c) For customers attending a private or out-of-state graduate program, DHS-DRS will annually establish a maximum financial contribution for tuition and fees. DHS-DRS will provide financial contribution up to the maximum amount less the 10% fee requirement, less comparable benefits and less any customer financial participation.
d) In accordance with 89 Ill. Adm. Code 567.20(b), the customer must provide proof of award or denial of financial assistance and the amount of any award. This includes any comparable benefits related to training that reduce the cost associated with training This information must be provided prior to implementation of the IPE or subsequent amendments.
e) Exceptions to the 10% financial participation requirement and the course completion requirement may be granted by the appropriate Bureau Chief if there are extenuating circumstances relating to the customer's disability.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.260 Summer School (Repealed)
(Source: Repealed at 47 Ill. Reg. 13560, effective September 7, 2023)
Section 590.270 Grades and Attendance
a) Grades
1) DHS-DRS will provide financial contribution to a customer in educational training as long as the customer meets each part of the following two-part test:
A) maintains a cumulative "C" grade point average (GPA); and
B) maintains a sufficient cumulative GPA to meet graduation requirements in his or her major field of study. If the customer does not have a major field of study, the customer meets this second test by maintaining a sufficient cumulative GPA to meet graduation requirements.
2) If at any time a customer's cumulative GPA fails to meet either part of the two part test in subsection (a)(1), DHS-DRS will only continue to provide financial contribution for one additional grading period, regardless of when taken, provided the customer and counselor agree continued educational training is appropriate. DHS-DRS must give notice to the customer of this additional grading period of financial contribution as soon as it learns of the customer's GPA deficiency. This notice may come after the start of the additional grading period. At the completion of the additional grading period, the customer must meet each of the two tests in subsection (a)(1). DHS-DRS may continue vocational rehabilitation services but will discontinue paid financial contribution toward the educational training until the customer has removed deficiencies without DHS-DRS paid financial contribution.
3) If the customer fails a course that DHS-DRS paid for, the customer will be required to pay for an equal number of hours, applicable toward the degree, the following term. DHS-DRS will not provide financial contribution for support or auxiliary services for those numbers of hours.
4) Changing, withdrawing, or dropping courses during a term requires documented pre-approval from the DHS-DRS counselor. If a customer drops a course or withdraws without pre-approval, the customer will be required to pay for an equal number of hours, applicable toward the degree, the following term. DHS-DRS will not provide financial contribution for support or auxiliary services for those numbers of hours.
b) Attendance
1) DHS-DRS will allow a customer up to three years from the start date of the initial training service, as indicated on the IPE, to complete an associate's degree or reach junior standing, and no more than three additional years to complete a bachelor's degree. If the customer requires additional terms to complete the degree, DHS-DRS will not provide financial contribution for those additional terms or for support or auxiliary services for those additional terms.
2) DHS-DRS will allow a customer in a graduate program up to three years from the start date of the initial training service, as indicated on the IPE, to complete a master's degree, and no more than three additional years to complete a doctorate degree. If the customer requires additional terms to complete the degree, DHS-DRS will not provide financial contribution for those additional terms or for support or auxiliary services for those additional terms.
3) Exceptions for a customer to be given additional time may be granted, by the appropriate Bureau Chief, if there are extenuating circumstances relating to the customer's disability or personal and/or financial situation.
4) Specialized programs of study (i.e., medical, law) that do not conform to the traditional master's and doctoral programs may be granted an exception by the appropriate Bureau Chief when written justification is provided.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.280 Health Status
a) If a customer is prevented from attending the training program outlined in his/her IPE (89 Ill. Adm. Code 572) or is forced to withdraw, due to health reasons, he/she must obtain written verification for the need of such action from his/her physician or the health service at the facility/institution at which he/she is enrolled.
b) If a customer is prevented from attending training due to hospitalization, he/she must inform his/her DHS-DRS counselor. In such cases, advanced notice should be provided to the DHS-DRS counselor, when possible.
(Source: Amended at 31 Ill. Reg. 7006, effective April 30, 2007)
Section 590.290 On-the-Job Training
If, as a result of the Assessment (see 89 Ill. Adm. Code 553.100), on-the-job training (OJT) is identified as a necessary service, the following requirements must be met:
a) the customer's IPE (see 89 Ill. Adm. Code 572) must list OJT as a substantial service. Additionally, the IPE must adhere to 89 Ill. Adm. Code 572.50(b); and
b) the wages paid to the customer by the trainer or employer during the OJT must be at least minimum wages.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.300 Default on Financial Obligations
a) DHS-DRS shall not provide financial assistance for post-secondary education for a customer who is in default on any educational grant or loan, as authorized by Title IV of the Higher Education Act, unless the customer has provided proof of the repayment or a deferral agreement has been made with the lender.
b) DHS-DRS shall not provide any financial assistance issued directly to a customer who is in default on any:
1) child support payments, whether administrative or court ordered; or
2) State or federal obligation.
c) Approval of financial assistance issued directly to a customer shall only be granted when the customer has provided proof of a repayment or deferral agreement made with the vendor, court or government.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
SUBPART D: PROGRAM FOR SELF-EMPLOYMENT
Section 590.310 Provision of Services
a) All services described in this Subpart shall be provided in accordance with the provisions of this Subpart and Subpart A of this Part.
b) Prior to provisions of any of the services listed in this Subpart, the counselor shall consult with the appropriate Regional/Central Office Resource Specialist when considering self-employment as an employment goal for a customer. DHS-DRS participation in such a program must be approved in writing by the Rehabilitation Services Supervisor prior to initiation of an IPE (see 89 Ill. Adm. Code 572).
c) A copy of this Subpart must be provided to the customer prior to the completion of the Preliminary Program for Self-Employment Questionnaire (see Section 590.315(b)).
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.315 Eligibility for Participation in the Program for Self-Employment
For customers interested in self-employment opportunities, the following steps to determine eligibility must be completed before the IPE and the Self- Employment Plan can be developed.
a) Options other than self-employment must be explored with the customer and, as appropriate, a business mentor to determine if an equal or greater opportunity for successful employment is available in the competitive labor market.
b) To be eligible for participation in the Program for Self-Employment, the customer, in consultation with the business mentor and the counselor, will complete the Preliminary Program for Self-Employment Questionnaire that documents:
1) Previous formal education and/or training in business operation:
A) Evidence of education or training is indicated by:
i) a two or four year degree in business/financial management or related field; or
ii) prior business management experience that provides business knowledge equivalent to the formal education described in subsection (b)(1)(A)(i); or
iii) documentation of the customer working with an appropriate business mentor.
B) Exceptions to subsections (b)(1)(A)(i) and (ii) may be granted by the appropriate Bureau Chief.
2) Self-employment is a viable employment option for the customer and is consistent with the customer's unique strengths, resources, priorities, concerns, abilities, capabilities, interests and informed choice.
3) Self-employment shall enable the customer to engage in gainful employment that will generate income at a level equal to or above the earnings level of Substantial Gainful Activity (SGA) as determined annually by the U.S. Social Security Administration for Title II recipients.
4) Evidence that the customer has available cash or credit resources to cover 50% of all eligible costs of the customer's Program for Self-Employment and any required participation as determined in the financial analysis in 89 Ill. Adm. Code 562.
5) Evidence that the customer has available resources to cover all eligible expenses over the $10,000 limit that DHS-DRS will contribute towards eligible costs under the customer's Program for Self-Employment. The appropriate Bureau Chief may grant exceptions to the DHS-DRS contribution limit.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.320 Program for Self-Employment
a) Prior to the provision of self-employment services, the customer must complete a business plan for development of the business. The business plan shall include, but not be limited to:
1) a full description of the proposed business or service operation;
2) the customer's qualifications for, interest in, and need for self-employment as an employment outcome as evidenced by the customer's Assessment (see 89 Ill. Adm. Code 553.100);
3) the estimated total capital needs for the establishment of the business and evidence of the availability of such funds (i.e., personal account statements, verification of loan availability, complete listing of all personal liabilities);
4) financial estimates for the first 12 months of operation;
5) plans for business development and marketing;
6) evidence that the proposed business has a reasonable chance of success (i.e., provide net income to meet a majority of the customer's living expenses) as established by:
A) market surveys;
B) signed statements from consultants and experts that the business has a reasonable chance of success based on market conditions, demand and competition; and
7) evidence of additional financing necessary to make the business operational.
b) Tools, equipment, supplies and initial stock necessary to begin a specific business may be provided to a customer in order for him or her to obtain a successful employment outcome when it has been determined by the customer, counselor and the Supervisor that self-employment is a realistic employment goal for the individual. All tools, equipment, supplies and initial stock purchased for a customer must be specifically listed in the customer's IPE (see 89 Ill. Adm. Code 572).
c) DHS-DRS shall pay up to 50% of the eligible costs of the customer's Program for Self-Employment not to exceed the $10,000 maximum limit. The appropriate Bureau Chief may grant exceptions to the DHS-DRS contribution limit.
1) The cost shall not include those listed as ineligible in Section 590.330 or any in-kind contributions.
2) All required financial participation from the financial analysis in 89 Ill. Adm. Code 562 is in addition to the customer's 50% contribution and shall be applied to the DHS-DRS share of the cost.
d) DHS-DRS shall pay up to 100% of any Program for Self- Employment cost associated with accommodating the customer's disability.
e) The customer must provide monthly statements to the counselor detailing the financial activity of the business, including a statement of profit or loss for a minimum of nine months.
f) At a minimum of every three months of operation, the customer must provide the counselor with a full detailed inventory of all tools, equipment, supplies and stock purchased to establish the business, regardless of the purchaser, until disposition of the operation as identified under Sections 590.350 and 590.360. Frequency of the inventory shall be determined by the counselor and appropriate DHS-DRS staff.
g) All tools, equipment, supplies and initial stock shall be maintained by the customer in good order. The customer must ensure all proper up-keep and maintenance is done as specified by the manufacturer. In the event of break-down or defect, the customer must have the item repaired. As most items carry a manufacturer warranty, all costs should be covered under those provisions.
h) The customer is expected to maintain and replenish an adequate supply of all initial stock and supplies.
i) DHS-DRS shall maintain title to all tools and equipment purchased with DHS-DRS funds for at least nine months of operation of the business enterprise. Disposition of the title shall be determined per Sections 590.350 and 590.360.
j) The customer shall have appropriate business insurance coverage that includes personal liability, property damage/loss, and worker's compensation.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.330 Services and Goods not Available
DHS-DRS shall not provide funding for the following, under this Part:
a) cash for establishing a business;
b) purchase of any real property;
c) remodeling of a building or facility that is non-essential to the operation of the business;
d) purchase of a vehicle requiring licensure for street use;
e) purchase of accounts receivable or business "goodwill";
f) tax bonds;
g) reimbursement for sales tax, interest or service charges;
h) funds to pay wages for employees;
i) funds to obtain patents or any associated costs; and
j) funds to develop and produce prototype products or any associated costs.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.350 Recovery of Tools, Equipment, Supplies and Initial Stock
a) DHS-DRS shall retain title to any tools and equipment purchased for a customer by DHS-DRS to establish a business.
b) DHS-DRS shall make full recovery of all tools, equipment, and remaining supplies and initial stock purchased by DHS-DRS for the establishment of the business in the following situations:
1) the business does not succeed;
2) the customer fails to cooperate by not providing all reports and records required by Subpart D of this Part;
3) the customer deliberately misrepresents, or has misrepresented, necessary information, reports and records for the purpose of receiving services.
c) Fair cash value shall be acceptable in lieu of recovering the tools, equipment, supplies and initial stock, as determined by DHS-DRS.
d) All remedies available to DHS-DRS, including court action, shall be taken by DHS-DRS if the customer is unwilling to return the items.
(Source: Amended at 31 Ill. Reg. 7006, effective April 30, 2007)
Section 590.360 Transfer of Title
Title to any tools, equipment, supplies, and initial stock purchased by DHS-DRS may be transferred to the customer when documentation verifies the customer's success at generating income equal to or greater than the Substantial Gainful Activity (SGA) for at least 9 months.
(Source: Amended at 31 Ill. Reg. 7006, effective April 30, 2007)
SUBPART E: VEHICLE ADAPTATION AND ENVIRONMENTAL MODIFICATION
Section 590.375 Provision of Services
All services described in this Subpart shall be provided in accordance with the provisions of this Subpart and Subpart A of this Part.
Section 590.380 Vendor Requirements
All vendors providing vehicle or environmental modifications under this Subpart shall provide DHS-DRS with a certificate of insurance verifying liability coverage with a minimum of $1,000,000.
(Source: Amended at 31 Ill. Reg. 7006, effective April 30, 2007)
Section 590.400 Vehicle Adaptation
a) DHS-DRS shall not participate in the purchase of any vehicle.
b) DHS-DRS shall participate in the purchase of the necessary vehicle adaptive equipment, and its installation, necessary to meet the minimum requirements for the customer to safely operate his or her vehicle.
c) As a rehabilitation technology service, vehicle adaptation is exempt from the provisions regarding comparable benefits (see 89 Ill. Adm. Code 567), but not from the provisions of customer financial participation in the cost of the services (see 89 Ill. Adm. Code 562).
d) The vehicle must be titled in the name of the customer or the customer's guardian.
e) Any vehicle, new or used, to be adapted by DHS-DRS must be equipped with all necessary factory-installed options so that the vehicle may be modified, using non-standard equipment, at the least possible cost.
f) The vehicle must be appropriate to meet the customer's disability related needs and the customer's vocational outcome. Should the customer choose to purchase a vehicle beyond the minimum requirements, the additional cost for the adaptations will be the financial responsibility of the customer.
g) The customer is expected to insure and properly maintain any vehicle and the equipment in which DHS-DRS has participated in the adaptation. Manufacturers' specifications are to be followed in terms of proper care and maintenance.
h) All customers considering vehicle adaptation must consult with DHS-DRS staff prior to the purchase of any vehicle to ensure the appropriateness of the adaptations.
i) If the customer will be the driver of the vehicle, the customer must have proper licensing and restrictions as defined by the Secretary of State.
(Source: Amended at 36 Ill. Reg. 5698, effective April 13, 2012)
Section 590.410 Van Adaptation
a) DHS-DRS participation in the purchase of adaptive equipment for a van must meet all criteria found in Section 590.400 and the following criteria:
1) A van is required for the customer to meet the employment goal;
2) The customer cannot access or utilize public transportation; and
3) Due to the nature of the customer's disability, he or she is unable to use an automobile, whether or not the automobile is adapted.
b) When a used van is to be adapted, the van must have an expected useful life of at least 5 years when considering the condition and mileage of the van prior to adaptation. The condition of the van shall be verified by at least one reputable mechanic/adaptor who has been selected by DHS-DRS. Any repairs determined necessary as a result of the evaluations by the mechanic/adaptor must be made, at the expense of the customer, prior to the time DHS-DRS will participate in the cost of adaptation.
c) DHS-DRS shall not participate in any cost associated with the removal, replacement, repainting, relocation or restoration of such items as cabinets, beds, appliances, etc., associated with the cost of adapting a customer's van.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.420 Environmental Modification
DHS-DRS shall purchase environmental modifications necessary for the customer to meet his or her health and hygiene needs in accordance with Subpart A of this Part.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.430 Written Agreements for Environmental Modification
When environmental modification is to be provided to a customer, DHS-DRS shall, with assistance of the customer, obtain a written agreement with the home's owner (if other than the customer) prior to the initiation of such services if the modification shall permanently alter the property.
(Source: Amended at 31 Ill. Reg. 7006, effective April 30, 2007)
Section 590.440 Compliance with Capital Development Board Specifications
All environmental modification services that include remodeling of a building provided to a customer must be made in compliance with the specifications established by the Capital Development Board (see 71 Ill. Adm. Code 400, the Illinois Accessibility Code).
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
SUBPART F: PERSONAL SUPPORT SERVICES AND AUXILIARY AIDS
Section 590.450 Provision of Services
All services described in this Subpart shall be provided in accordance with the provisions of this Subpart and Subpart A of this Part.
Section 590.460 Types of Services (Repealed)
(Source: Repealed at 36 Ill. Reg. 5698, effective April 13, 2012)
Section 590.470 Tools and Equipment
a) DHS-DRS shall provide tools and equipment to the customer as determined necessary by the Assessment (see 89 Ill. Adm. Code 553.100) for the completion of his or her employment objective as described in his or her IPE (see 89 Ill. Adm. Code 572).
b) Tools and equipment may be provided to a customer in order to obtain a successful employment outcome. All tools and equipment must be specifically listed in the customer's IPE. These services must comply with all bidding requirements outlined in Section 590.45.
c) DHS-DRS shall retain title to any tools or equipment purchased for use by a customer. Prior to the purchase of any tools or equipment for customer use, the customer must agree to maintain the tools or equipment in proper working order and condition, and agree to return the tools or equipment to DHS-DRS at any time the customer has no further use for the tools or equipment or is otherwise not using the tools or equipment for the purpose for which purchased.
d) The customer may retain the tools or equipment even after he or she has successfully attained his or her employment outcome and his or her case has been closed, pursuant to 89 Ill. Adm. Code 595, as long as he or she is using the tools or equipment for the purpose for which originally purchased.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.480 Qualifications for Services Provided by Individuals
Individuals providing services under this Subpart shall meet the following qualifications:
a) PA services – such individuals shall meet the standards set forth at 89 Ill. Adm. Code 686.10 (Personal Assistants (PA) Requirements) that enumerates the requirements for individuals who will be employed by the customer to provide PA services through the DHS-DRS Home Services Program.
b) Readers and Notetakers – such an individual shall meet the approval of the customer, with concurrence of the counselor, as to his or her ability to adequately perform such duties.
c) Drivers – such an individual shall be licensed pursuant to the Illinois Motor Vehicle Code, carry at least the minimum required liability insurance, and meet the approval of the customer, with concurrence of the counselor, as to his or her ability to adequately perform such duties.
d) Sign language interpreters shall meet the regulations as set forth in the Interpreter for the Deaf Licensure Act of 2007 [225 ILCS 443].
e) Foreign Language Interpreters – shall meet the approval of the counselor and customer.
f) CART providers shall meet the criteria established by the Illinois Shorthand Reporters Association (ISRA).
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.490 Payment for Support and Auxiliary Services Provided by Individuals and Conditions of Service Provision
a) Individuals providing PA services shall be paid only for those hours in which services are being provided to the customer in the customer's home, at the customer's training site or on the customer's worksite and in accordance with the customer's IPE (see 89 Ill. Adm. Code 572). An individual employed by the customer to provide PA services shall be paid at an hourly rate equal to that paid to an individual providing PA services through the DHS-DRS Home Services Program (see 89 Ill. Adm. Code 686.40(a)).
b) An individual providing reader or notetaker services shall be paid only for those hours in which those services are being directly provided to the customer and in accordance with the customer's IPE. Individuals providing reader or notetaker services shall be paid at a rate established by DHS-DRS and, subject to appropriation, those rates may be comparable to the rate paid to personal assistants under the DHS-DRS Home Services Program.
c) An individual providing driver services to a customer shall be paid an hourly rate for all driving and required waiting time and shall be reimbursed for mileage in accordance with State Travel Regulations (see 80 Ill. Adm. Code 3000.Appendix A). Individuals providing driver services shall be paid at a rate established by DHS-DRS and, subject to appropriation, those rates may be comparable to the rate paid to personal assistants under the DHS-DRS Home Services Program.
d) An individual providing Interpreter Services or CART shall be paid at a rate established by DHS-DRS for that individual's license or level of qualification and in accordance with the following:
1) minimum payment shall be for a period of 2 hours even though actual work time may be less;
2) if there is less than a one hour lapse during provision of services (e.g., lunch, break) the individual shall be paid for the entire time span of the assignment;
3) an individual who is required to be on site even though he or she does not interpret shall be paid during that period of time;
4) an individual who must travel more than 20 miles one-way for an assignment shall be paid travel reimbursement in accordance with State Travel Regulations (80 Ill. Adm. Code 3000.Appendix A);
5) no payment shall be made to an individual whose assignment is cancelled more than 48 hours prior to the scheduled beginning of the assignment. If cancellation occurs less than 48 hours prior to the scheduled beginning of the assignment, for single day assignments the individual shall be paid for the entire scheduled assignment time. For multiple day assignments, the individual shall be paid for the time scheduled for the assignment during the first 48 hours of the scheduled assignment;
6) if a customer does not appear for a scheduled appointment, the individual shall stay on-site for one hour. If the customer does not appear after the one hour wait, the individual shall consult the DHS-DRS contact person for instructions. The individual shall be paid in accordance with the provisions of subsections (d)(1), (3) and (5) and reimbursed for travel in accordance with subsection (d)(4);
7) if an individual has to cancel a scheduled assignment, he or she shall contact the DHS-DRS contact person immediately and assist in finding a suitable replacement. The suitability of the replacement shall be determined by the DHS-DRS contact person. An individual who cancels a scheduled assignment shall not be paid for any of the scheduled services, reimbursed travel cost, or paid a finders fee for locating a replacement.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
SUBPART G: COMPUTER EQUIPMENT AND SENSORY AID LOAN
Section 590.500 Provision of Services (Repealed)
(Source: Repealed at 20 Ill. Reg. 6523, effective April 18, 1996)
Section 590.510 Definitions (Repealed)
(Source: Repealed at 20 Ill. Reg. 6523, effective April 18, 1996)
Section 590.520 Purpose of Equipment Loans (Repealed)
(Source: Repealed at 20 Ill. Reg. 6523, effective April 18, 1996)
Section 590.530 Criteria for Loan of Equipment/Aids (Repealed)
(Source: Repealed at 20 Ill. Reg. 6523, effective April 18, 1996)
Section 590.540 Equipment/Aids Loan Request Procedures and Approval Process (Repealed)
(Source: Repealed at 20 Ill. Reg. 6523, effective April 18, 1996)
Section 590.550 Duration of Loans (Repealed)
(Source: Repealed at 20 Ill. Reg. 6523, effective April 18, 1996)
Section 590.560 Maintenance and Return of Equipment/Aids (Repealed)
(Source: Repealed at 20 Ill. Reg. 6523, effective April 18, 1996)
Section 590.570 Assistance in Obtaining Permanent Equipment/Aids (Repealed)
(Source: Repealed at 20 Ill. Reg. 6523, effective April 18, 1996)
Section 590.580 Limitations on Available Equipment/Aids (Repealed)
(Source: Repealed at 20 Ill. Reg. 6523, effective April 18, 1996)
SUBPART H: OTHER SERVICES
Section 590.590 Provision of Services
All services described in this Subpart shall be provided in accordance with the provisions of this Subpart and, unless otherwise stated, Subpart A of this Part.
Section 590.600 Transportation
During the completion of the customer's IPE (see 89 Ill. Adm. Code 572), transportation and temporary lodging may be necessary to complete the customer's employment outcome.
a) The following shall apply:
1) Mileage shall be paid to the customer at the established rate of the Travel Regulation Council (80 Ill. Adm. Code 3000) rounded to the next cent.
2) Mileage shall be computed on one round trip per day for services listed on the IPE that are required to achieve the employment outcome or for diagnostic services approved by the counselor.
3) If the public transportation system is accessible to the customer and meets the customer's schedule, the maximum DHS-DRS shall pay is the cost of public transportation.
4) DHS-DRS shall provide long-term increased costs (see 89 Ill. Adm. Code 590.670) or transportation costs, whichever is less.
b) Transportation costs listed on an IPE will be discontinued when the customer has obtained employment commensurate with the outcome goal on the IPE and the first paycheck has been received.
c) Transportation via ambulance or medical van will only be provided based on the customer's IPE and when ordered by the customer's attending physician.
d) Customer transportation needs for training at ICRE-Wood will be determined by the customer's training schedule and the training schedule of ICRE-Wood.
e) For customers in residence at a college or training program, DHS-DRS will not pay for transportation for customers from their home to the training institution and back. DHS-DRS will pay for local transportation near the institution to participate in required training.
f) DHS-DRS shall not pay for automobile insurance, maintenance, or licensing fees.
g) DHS-DRS may pay for vehicle repairs when:
1) a mechanic selected by DHS-DRS has determined that the repairs will permit the vehicle to have an expected useful life of at least five additional years;
2) the repair costs will be less than the value of the vehicle;
3) the vehicle cannot be driven or is unsafe to operate;
4) there is no other means of transportation available to the customer; and
5) a substantial service in the customer's IPE will not be completed because of the lack of transportation.
(Source: Amended at 47 Ill. Reg. 13560, effective September 7, 2023)
Section 590.610 Other Goods and Services
DHS-DRS may provide other services, including services to a customer's family members (see 89 Ill. Adm. Code 521), not specifically described in this Part that are necessary for a customer to overcome his or her impediment to employment and attain a successful employment outcome unless specifically prohibited by federal law or regulation, State law or DHS-DRS rules under Title 89, Chapter IV, Subchapter b (Vocational Rehabilitation).
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.620 Equipment Sets
a) For the purposes of this Section, the provisions of Subpart A of this Part do not apply.
b) DHS-DRS shall certify individuals as deaf, severely hard of hearing, deaf-blind or speech impaired for the purpose of obtaining equipment sets (Telephone Devices for the Deaf (TTYs)), Large Visual Display (LVD) TTY, Amplified Telephone, or Telebraille Devices) without charge per the Public Utility Act [220 ILCS 5/13-703].
c) DHS-DRS shall certify individuals seeking eligibility for a TTY, LVD TTY or Amplified Telephone who are deaf or severely hard of hearing and who are: present customers, past customers for whom DHS-DRS holds records, or individuals known to certifying staff through professional affiliation (e.g., past customers for whom DHS-DRS no longer has records or former student of the Illinois School for the Deaf or the Illinois Center for Rehabilitation and Education-Roosevelt).
d) DHS-DRS will certify individuals who are seeking eligibility for a Telebraille Device who are:
1) deaf or severely hard of hearing;
2) blind or severely visually impaired;
3) capable of using Grade 1 Braille; and
4) a present or past DHS-DRS customer. If the individual's Braille skills are unknown, a series of short questions in Grade 1 Braille will be given to the individual by DHS-DRS staff for the individual to respond to in Braille.
e) If the individual seeking certification from DHS-DRS is not known by DHS-DRS staff, as listed in subsections (c) and (d), DHS-DRS shall inform the individual of other certifying agents as listed at 83 Ill. Adm. Code 755.200.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
SUBPART I: PLACEMENT
Section 590.630 Provision of Placement Services
a) All services described in this Subpart shall be provided in accordance with the provisions of this Subpart and Subpart A of this Part.
b) Placement services are provided by DHS-DRS staff. There is no customer financial participation (see 89 Ill. Adm. Code 562) required for any placement service.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.640 Description of Services
Placement services are those services necessary to assist a customer in achieving an employment outcome indicated on the IPE. Placement services will include, but are not limited to:
a) interviewing skills training;
b) resume preparation;
c) interview preparation;
d) referral to other agencies and prospective employers; and
e) identification of prospective employers.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
SUBPART J: MAINTENANCE
Section 590.650 Provision of Services
All services described in this Subpart shall be provided in accordance with the provisions of this Subpart and Subpart A of this Part, except that the provisions of Section 590.30 shall not apply.
(Source: Amended at 18 Ill. Reg. 11275, effective June 30, 1994)
Section 590.660 Increased Costs
Increased costs are expenses for food, housing, and clothing that exceed a customer's normal living expenses. These increased costs are due to the customer's participation in an assessment for determining eligibility and VR services provided under an IPE.
a) DHS-DRS will not pay for normal living expenses and shall only pay for increased costs.
b) The following normal living expense standards for food and housing shall be utilized:
1) The standard for housing shall not exceed the DHS TANF payment level for one adult (see 89 Ill. Adm. Code 112, Subpart H).
2) The standard for food shall not exceed the DHS SNAP benefit amount for a family of one (see 89 Ill. Adm. Code 121.64) or the customer's actual normal food expense prior to service, whichever is greater.
3) The standard for clothing is defined in Section 590.670(a).
c) Customer payments toward normal living expenses shall not be counted toward any customer financial participation amount determined by 89 Ill. Adm. Code 562.40 (Financial Participation).
(Source: Amended at 47 Ill. Reg. 13560, effective September 7, 2023)
Section 590.670 Determination of the Need for Increased Costs
a) Clothing Expenses
Clothing may be purchased under an IPE, in support of a primary service, when the clothing is reasonably required for the customer to achieve the employment objective.
b) Short Term Increased Costs
Short term financial contribution for increased costs resulting from the customer having to leave their home to receive services shall be provided using the State per diem and lodging rates. Short term shall mean any period of 2 weeks or less.
c) Program-Related Increased Costs
Individuals attending a limited term specialized skill instruction program, with a residential component, shall qualify for financial contribution at the program’s published cost.
d) Long Term Increased Costs
Any service that requires a customer to relocate may make the customer eligible to receive monetary support for increased costs. DHS-DRS shall provide long-term increased costs or transportation costs, whichever is less (see 89 Ill. Adm. Code 590.600), unless there is a demonstrated hardship to the customer associated with the time and expense of commuting. The customer shall receive funds for these increased costs as follows:
1) Housing
All individuals receiving DHS-DRS support for increased costs for housing shall have the support reduced by the normal cost of living, which shall not exceed the DHS TANF payment level for housing.
A) Increased cost for individuals attending post-secondary training and living in university-owned/sponsored housing shall be calculated using the published cost for a shared room less the normal cost of living.
B) Increased costs for individuals attending post-secondary training and living off campus shall be determined by the cost of a fair market rent one-bedroom apartment, as established by Housing and Urban Development (HUD), in the area of service provision, less the normal cost of living.
2) Food
DHS-DRS may pay the increased cost of food when the customer chooses to use the food plan offered by the institution of higher education. Food services must be listed on the customer's IPE. The increased cost of food shall be figured using the institution’s base, comprehensive meal plan. The amount established by DHS-DRS shall not exceed the maximum SNAP benefit for a family of one and shall be subtracted from the cost of the typical meal plan. The difference shall be the customer's monthly increased cost for food. If the customer chooses not to use the facility's food service or there is no food service at the facility, there is no increased cost.
(Source: Amended at 47 Ill. Reg. 13560, effective September 7, 2023)
Section 590.675 Determination of Client Financial Participation in Maintenance (Repealed)
(Source: Repealed at 27 Ill. Reg. 12602, effective July 21, 2003)
Section 590.680 Exceptions
Exceptions to this Subpart shall be granted by the appropriate Bureau Chief of DHS-DRS. Requests for exceptions must be in writing and include an explanation and justification for the increased costs above those established by this Subpart.
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
SUBPART K: POST-EMPLOYMENT SERVICES
Section 590.700 Provision of Services
All services described in this Subpart shall be provided in accordance with the provisions of this Subpart and Subpart A of this Part.
Section 590.710 Definitions (Repealed)
(Source: Repealed at 32 Ill. Reg. 10086, effective June 26, 2008)
Section 590.720 Scope of Services
a) Services listed in this Part may be provided to a customer as post-employment services when the following are met:
1) the customer requires these services to maintain, regain or advance in employment;
2) services are directly related to those services provided to the customer in his or her original IPE and amendments (see 89 Ill. Adm. Code 572);
3) the services are not expected to last for an extended period of time (i.e., six months or more);
4) the customer will not require multiple services; and
5) the services will improve the customer's level of independence and result in the termination of post-employment services.
b) If at any time the services are expected to exceed the 6 month timeframe, an application will be completed and eligibility will be determined (see 89 Ill. Adm. Code 553.50).
(Source: Amended at 36 Ill. Reg. 6598, effective April 13, 2012)
SUBPART L: TRANSITION
Section 590.730 Provision of Services
a) All services described in this Subpart shall be provided in accordance with the provisions of this Subpart and Subpart A.
b) Transition services are a continuum of vocational rehabilitation services designed to prepare a student or youth with a disability for employment, postsecondary education, and community life.
1) Pre-employment Transition Services is included in transition services and is a specific set of services identified in federal regulations that may be provided only to students with disabilities.
2) Youth with disabilities may be provided transition services whether or not they also meet the definition of student with a disability.
3) Transition services and Pre-employment Transition Services provided to students with disabilities must be coordinated with the student's IEP as appropriate.
(Source: Amended at 42 Ill. Reg. 16224, effective August 8, 2018)
Section 590.740 Definitions (Repealed)
(Source: Repealed at 32 Ill. Reg. 10086, effective June 26, 2008)
Section 590.750 Secondary Transitional Experience Program (STEP)
a) The Secondary Transitional Experience Program (STEP) is a program operated by DHS-DRS in cooperation with a local education agency (LEA) through a third party cooperative agreement.
b) The primary focus of STEP is the provision of required Pre-employment Transition Services to students with disabilities identified by the LEA and certified as eligible by DRS.
c) Work-based Learning Experiences are a required Pre-employment Transition Service that is arranged by the LEA and approved by a DRS counselor. The LEA reports monthly to the DRS counselor on the type and duration of each work experience.
d) Work-based Learning Experiences shall take place in integrated settings to the greatest extent possible.
e) Work-based Learning Experiences shall include employer-paid work in the community whenever possible based on the needs of the student.
f) STEP services are provided to students to enhance the educational and transitional programming provided by the LEA and do not replace programming that the LEA is required to provide under IDEA.
(Source: Amended at 42 Ill. Reg. 16224, effective August 8, 2018)
Section 590.760 Other Pre-employment Transition Service Agreements
a) DRS may enter into agreements with community agencies, including centers for independent living and community colleges, for the purpose of providing specific Pre-employment Transition Services to students with disabilities.
b) The agreement between DRS and the community agency shall specify the specific Pre-employment Transition Services to be provided.
c) Students with disabilities participating in services provided under the agreement may be identified by DRS or by the community agency and all students must be certified as eligible by DRS.
d) Community agencies providing training to students with disabilities in the areas of self-advocacy, independent living skills training, work readiness training, Counseling on Postsecondary Education, or Job Exploration Counseling must demonstrate qualifications for providing those services and provide DRS with a training curriculum prior to entering into an agreement with DRS.
e) Community agencies arranging for Work-based Learning Experiences in integrated community settings for students with disabilities must demonstrate qualifications for providing those services prior to entering into an agreement with DRS.
f) Pre-employment Transition Services provided by community agencies may supplement, but not duplicate, any services provided by a local education agency under a STEP agreement.
(Source: Added at 42 Ill. Reg. 16224, effective August 8, 2018)
Section 590.770 Direct Provision of Pre-employment Transition Service
a) Pre-employment Transition Services may be provided to students with disabilities by a qualified rehabilitation counselor employed by DRS.
b) Pre-employment Transition Services provided by a DRS counselor to a student with a disability are intended to supplement, and not duplicate, services provided by an LEA under a STEP agreement or by a community agency.
(Source: Added at 42 Ill. Reg. 16224, effective August 8, 2018)
SUBPART M: SUPPORTED EMPLOYMENT
Section 590.800 Provision of Services
All services described in this Subpart shall be provided in accordance with the provisions of this Subpart and Subpart A.
(Source: Added at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.810 Qualification of Supported Employment and Extended Services Providers
a) Supported employment will be provided by Community Rehabilitation Providers that meet the criteria in 89 Ill. Adm. Code 530.5.
b) Extended Services will be provided by Community Rehabilitation Providers, qualified individuals or natural supports.
(Source: Amended at 42 Ill. Reg. 16224, effective August 8, 2018)
Section 590.820 Justification of Need for Supported Employment
Prior to the provision of supported employment services, the rehabilitation counselor shall provide a written justification of the need for supported employment. The justification shall include an evaluation of the individual's needs, and must establish all four of the following conditions:
a) the individual, including youth, is eligible for vocational rehabilitation services, as defined in 89 Ill. Adm. Code 553.20, and has a most significant disability, as defined in 89 Ill. Adm. Code 553.140;
b) due to the nature and severity of the individual's disability, Competitive Integrated Employment has not historically occurred, or Competitive Integrated Employment has been interrupted or intermittent and intensive supported employment services and Extended Services are needed in order to perform the work involved;
c) supported employment has been identified as the appropriate employment outcome based on a comprehensive assessment of rehabilitation needs and an evaluation of rehabilitation, career and job needs; and
d) the individual has the ability to work in a supported employment setting.
(Source: Amended at 42 Ill. Reg. 16224, effective August 8, 2018)
Section 590.830 Purpose and Types of Supported Employment
The purpose of supported employment is to assist individuals, including youth, with the most significant disabilities to enable them to achieve supported employment outcomes in Competitive Integrated Employment. Supported employment consists of the provision of a variety of ongoing supports to the customer in order to maintain Competitive Integrated Employment. These ongoing support services include:
a) intensive job skills training at the work site;
b) social skills training;
c) regular observation and monitoring of the customer;
d) follow-up services to reinforce and stabilize the job placement;
e) facilitation of natural supports at the work site; and
f) similar services designed to promote job stability and improve job performance.
(Source: Amended at 42 Ill. Reg. 16224, effective August 8, 2018)
Section 590.840 Service Requirements
a) An IPE for supported employment services shall conform to the requirements in 89 Ill. Adm. Code 572.50(c).
b) Supported employment services are time-limited (see 89 Ill. Adm. Code 521) and shall not be provided for longer than 24 months except under special circumstances. Those special circumstances must be documented in the case record by the counselor and approved by the supervisor.
(Source: Amended at 42 Ill. Reg. 16224, effective August 8, 2018)
Section 590.850 Monitoring of Individuals in Supported Employment
a) Individuals participating in supported employment shall be monitored at least twice per month, on the job site, unless off-site services and monitoring are approved in the customer's IPE. The purpose of the monitoring is to evaluate the stability of the placement and to determine the individual's progress toward the targeted number of work hours specified in the IPE.
b) The rehabilitation counselor is responsible for ensuring the monitoring schedule is followed, which should include a support reduction schedule. The specific monitoring responsibilities of the community rehabilitation provider agency are to be specified in the IPE, as well as the schedule of reports to the counselor.
(Source: Added at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.860 Off-Site Services and Monitoring
Customers may request that supported employment services be provided away from the work site, with the approval of the rehabilitation counselor. Off-site services shall be specified in the IPE. Off-site monitoring shall include twice-monthly contacts with the customer, as well as monthly contact with the employer, if the customer approves that contact.
(Source: Added at 36 Ill. Reg. 6598, effective April 13, 2012)
Section 590.870 Transition to Extended Services
a) The criteria for making the transition to Extended Services are:
1) The customer and counselor have determined, after supported employment completion, that additional services will be required to maintain Competitive Integrated Employment.
2) Services are based on individual need and are specified in the IPE.
3) Extended Services that require payment may be provided to only youth with disabilities. Extended Services that do not require payment from DRS also (natural support) may be provided to customers of any age.
b) In addition, the criteria for closure of a successful employment outcome as defined in 89 Ill. Adm. Code 595.40 must be met.
(Source: Amended at 42 Ill. Reg. 16224, effective August 8, 2018)
Section 590.880 Purpose and Types of Extended Services
Extended services are ongoing support services needed by an individual who has participated in supported employment in order to maintain employment. These include both paid and unpaid supports, also known as natural supports.
a) DHS-DRS shall develop an IPE for individuals receiving paid extended services funded by DHS-DRS. The IPE shall include a description of the services to be provided and the service provider, as well as a mechanism for evaluating the individual's need for support. DHS-DRS shall monitor the status of individuals in DHS-DRS-funded extended services at least twice per year.
b) Customers receiving natural supports as extended services do not require an IPE and are closed from the VR system.
c) Customers receiving extended services funded by an agency other than DHS-DRS do not require an IPE and are closed from the VR system.
(Source: Added at 36 Ill. Reg. 6598, effective April 13, 2012)