Section 886.10  General Provisions

 

The provisions of this Part apply to the DHS Division of Rehabilitation Services (DHS-DRS) application, evaluation, and funding processes for Illinois Centers for Independent Living under:

 

a)         Title VII, Chapter 1, Parts A through C of the Rehabilitation Act of 1973, as amended (29 USC 701 through 796i), 34 CFR 104.364 through 104.366 and 45 CFR 1329;

 

b)         The Americans With Disabilities Act of 1990 (42 USC 12101);

 

c)         Rehabilitation of Persons with Disabilities Act [20 ILCS 2405];

 

d)         Illinois Accessibility Code [71 Ill. Adm. Code 400];

 

e)         Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (Uniform Guidance) (2 CFR 200);

 

f)         Illinois Human Rights Act [775 ILCS 5]; and

 

g)         Grant Accountability and Transparency Act [30 ILCS 708].

 

(Source:  Amended at 44 Ill. Reg. 2808, effective January 31, 2020)

 

Section 886.20  Definitions

 

For the purposes of this Part, the following terms shall have the following meanings:

 

Act – the Rehabilitation Act of 1973 (29 USC 701 through 796i) is federal legislation that establishes rules and funding requirements for the development and operation of Independent Living Services programs by Centers for Independent Living.

 

Administration on Community Living or ACL – a unit of the U.S. Department of Health and Human Services.

 

Center for Independent Living or CIL or Center – a consumer-controlled, community based, cross-disability, nonresidential, private not-for-profit agency for individuals with significant disabilities (regardless of age or income) that:

 

is designed and operated within a local community by a majority of individuals with disabilities; and

 

provides an array of Independent Living Services, as defined in section 705(18) of the Act, including, at a minimum, Independent Living Core Services; and

 

complies with the standards set out in section 725(b) of the Act, with the assurances in section 725(c) of the Act, and with 45 CFR 1329.5.

 

Compliance Review – an on-site review of a CIL that is conducted by the DSE to assess compliance with the standards and assurances set forth in federal and State law and with contract terms and conditions.

 

Consumer – a person with a disability who has requested (or his or her family member has requested on that person's behalf), been referred for, is receiving, or has received any services provided by a CIL.

 

Consumer Control – means, with respect to a Center, that the Center vests power and authority in individuals with disabilities, including individuals who are or have been recipients of IL services, in terms of the management, staffing, decision making, operation, and provision of services.  Consumer control, with respect to an individual, means that the individual with a disability asserts control over his or her personal life choices and, in addition, has control over his or her independent living plan (ILP), making informed choices about content, goals, and implementation.

 

Cross-disability – a situation in which services are available to a range of individuals with significant disabilities and their eligibility for those services does not require a specific disability in order to access Independent Living Services.

 

Designated State Entity or DSE – the agency designated in the State Plan for Independent Living (SPIL) that acts on behalf of the State to provide the functions described in the Act.

 

Finding – the outcome of a compliance review reflecting that the CIL being reviewed did not demonstrate minimum compliance with applicable standards and assurances set forth in federal and State law and with contract terms and conditions.

 

Independent Living Core Services – the minimum services an organization must provide to be considered a CIL.  These services are:  

 

information and referral services;

 

independent living skills training;

 

peer counseling, including cross-disability peer counseling;

 

individual advocacy and system advocacy; and

 

transitional services that:

 

facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based residences, with the requisite supports and services;

 

provide assistance to individuals with significant disabilities who are at risk of entering institutions so that the individuals may remain in the community; and

 

facilitate the transition of youth who are individuals with significant disabilities.

 

Independent Living Services – services in addition to the Independent Living Core Services provided by a CIL, as required by the Act.

 

Independent Living Skills Training – instruction provided to people with disabilities to help them either obtain or improve upon a wide range of skills needed to live independently and manage life with a disability.

 

Individual Advocacy – involves pleading an individual's cause or speaking or writing in support of an individual.  Individual advocacy may include representation before public and/or private entities or organizations, government agencies (whether State, local or federal) or in a court of law (whether State or federal) on the behalf of oneself, another individual, or a group of individuals.

 

Individual with a Disability – an individual who:

 

has a physical, mental, cognitive, or sensory impairment that substantially limits one or more of the individual's major life activities;

 

has a record of having such an impairment; or

 

is regarded as having such an impairment.

 

Individual with a Significant Disability – an individual with a severe physical, mental, cognitive, or sensory impairment whose ability to function independently in the family or community or whose ability to obtain, maintain, or advance in employment is substantially limited and for whom the delivery of Independent Living Services will improve the ability to function, continue to function, or move toward functioning independently in the family or community or to continue employment.

 

Information and Referral Services – providing people with disabilities, their families, and the community with assistance in locating and accessing available services and products that will assist individuals in living more independently.

 

Observation – a practice within a CIL observed during an on-site compliance review that does not rise to the level of a finding but would improve the provision of the independent living program if changes were made to that practice.

 

Part B Funding – the funding provided to states through the U.S. Department of Health and Human Services-Administration for Community Living, under the provisions of Title VII, Part B of the Act to support and enhance Independent Living Services within a state.

 

Part C Funding – the funding provided directly to qualifying CILs through the U.S. Department of Health and Human Services-Administration for Community Living, under the provisions of Title VII, Part C of the Act to establish new CILs and new branch offices, and to support, expand and enhance Independent Living Services to existing CILs within a state.

 

Peer Counseling – the method through which peers associated with a CIL can provide other individuals with disabilities seeking this service information and support through role modeling; sharing of experiences, feelings, and awareness of disability issues; problem solving; coping strategies; and intimate knowledge of community resources to reduce environmental barriers to independent living.

 

Recommendation – the outcome of either a finding or an observation during a compliance review is then followed by a "recommendation".  Recommendations are suggestions from DHS-DRS on ways to correct the findings; ways to respond to observations; or ways to improve practices in general.

 

State Appropriated Funds – those funds appropriated by the Illinois General Assembly for DHS to support and enhance Independent Living Services in the State.

 

State Plan for Independent Living or State Plan or SPIL – the plan required under section 704 of Title VII of the Act that is jointly developed by the Statewide Independent Living Council (SILC) and the directors of the CILs, after receiving public input from individuals with disabilities and other stakeholders throughout the State and approved by the Administration for Community Living.  The State Plan outlines the services, goals, and objectives of the statewide independent living program, as well as outlining Independent Living Services throughout the State, and is the basis for receipt of Part B and Part C Funds received from ACL.

 

Statewide Independent Living Council or SILC – the mandated council established pursuant to the Act and Section 12a of the Disabled Persons Rehabilitation Act [20 ILCS 2405] and governed by DHS rules at 89 Ill. Adm. Code 515.

 

System Advocacy – reducing barriers to community participation through:

 

public education and media engagement;

 

utilizing the legal/judicial process;

 

engaging in legislative advocacy; and/or

 

influencing administrative or regulatory entities.

 

Transition Services – services that:

 

facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based residences, with the requisite supports and services;

 

provide assistance to individuals with significant disabilities who are at risk of entering institutions so that the individuals may remain in the community; and

 

facilitate  the transition of youth who are individuals with significant disabilities.

 

Unserved or Underserved – groups or populations of individuals with severe disabilities in the State, including but not limited to those groups that:

 

have cognitive or sensory impairments;

 

are members of disadvantaged racial or ethnic minority groups that are served at ratios less than their proportion of a CIL's service area;

 

are individuals with limited English proficiency;

 

live in rural or urban areas; or

 

are identified by DHS or a local CIL as being from an unserved or underserved rural or urban geographic area.

 

(Source:  Amended at 44 Ill. Reg. 2808, effective January 31, 2020)

 

Section 886.30  Program Description

 

a)         In order to further promote independence and full community participation of individuals with disabilities and individuals with significant disabilities in Illinois, DHS-DRS shall distribute State appropriated funds and Part B Funds received to eligible CILs in accordance with the Act and federal regulations at 35 CFR 364.  Further, State appropriated funds may be used in addition to Part C Funds, which are not under DHS-DRS control, to establish new CILs.

 

b)         CILs are consumer-controlled, community-based, cross-disability, nonresidential, private not-for-profit agencies for individuals with significant disabilities (regardless of age or income) that:

 

1)         receive State and/or federal funds to provide an array of Independent Living Services, as defined in the Act, including at a minimum, Independent Living Core Services;

 

2)         are designed and operated within a local community by a majority of individuals with disabilities;

 

3)         comply with the standards set out in section 725 of the Act; and

 

4)         are governed by a board of directors that is composed of a majority of individuals who are individuals with disabilities and employ, in management and decision making positions, a majority of individuals who are individuals with disabilities.

 

c)         The DSE is the agency that, on behalf of the State, receives, accounts for and disburses grants, funding received under Part B of the Act, and State appropriated funding to a CIL. The DSE will ensure both federal and State funds are expended properly by:

 

1)         requiring monthly, quarterly and annual reporting from the CILs;

 

2)         conducting on-site compliance reviews of the CILs; and

 

3)         providing technical assistance for, and ongoing monitoring of, contracts entered into by CILs to obtain State and federal grant funding.

 

(Source:  Amended at 44 Ill. Reg. 2808, effective January 31, 2020)

 

Section 886.40  Funding from DHS for Independent Living Services (Repealed)

 

(Source:  Repealed at 44 Ill. Reg. 2808, effective January 31, 2020)

 

Section 886.50  Applications for First-time Funding from the Designated State Entity for Centers for Independent Living

 

a)         When making application for funding from the DSE, the CIL must provide documentation that demonstrates:

 

1)         a broad-based support from individuals with disabilities and consumer groups within the communities the CIL will serve;

 

2)         that the CIL is operated with consumer control, as defined in Section 886.20;

 

3)         that the CIL has a broad understanding of existing community resources and the needs for additional resources in the communities it serves;

 

4)         adequate knowledge, skill and resources to provide at least the Independent Living Core Services, as defined in Section 886.20;

 

5)         involvement of the CIL, with community entities such as city council, county board, and other political sub-units, for the purposes of educating these groups on disability issues and advocating for system change;

 

6)         compliance with all provisions for physical and programmatic accessibility set forth in State and federal law;

 

7)         the ability to provide Independent Living Services as defined in Section 886.20;

 

8)         compliance with the provisions for application for funding through the federal Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200) and the Illinois Grant Accountability and Transparency Act [30 ILCS 708]; and

 

9)         any other provision regarding the operation of a CIL as required by DHS, or State or federal law or regulation.

 

b)         On an annual basis, the DSE shall review all new applications for first-time funding received from CILs.  Applications shall be ranked based on the determination of the CIL's ability to meet the criteria listed in this Section.  The determination of the DSE shall be based upon such considerations as:

 

1)         ranking of the application;

 

2)         needs of unserved or underserved populations; and

 

3)         thoroughness of the proposed program.

 

(Source:  Amended at 44 Ill. Reg. 2808, effective January 31, 2020)

 

Section 886.60  Review and Approval of Initial Applications for Funding from DHS (Repealed)

 

(Source:  Repealed at 44 Ill. Reg. 2808, effective January 31, 2020)

 

Section 886.70  Compliance Reviews and Recertification for CILs for Continued Funding

 

a)         The DSE will conduct an on-site compliance review of all CILs to:

 

1)         verify compliance with the standards and assurances in section 725 of the Act, as well as other applicable State and federal statutes;

 

2)         verify compliance with State grant contract terms and conditions; and

 

3)         ascertain whether the DSE should renew, modify or terminate funding agreements with the CIL.

 

b)         The frequency of which on-site reviews will be conducted will be based on State and federal regulations related to grant administration.

 

c)         On-Site Peer Review

The on-site compliance review will be completed using a team of reviewers selected and established by the DSE.  The peer review team shall consist of at least one current CIL director with at least 3 years management experience selected from a list of current CIL directors, at least one member of DHS' Independent Living staff, and at least one person with a disability. DHS reserves the right to select another CIL director, if the director selected is responsible for a CIL that has been found to be in Unacceptable Noncompliance as a result of a compliance review completed within the last 12 months.

 

d)         DSE Review

The DSE will review CILs using the criteria established by the federal awarding agency for review of compliance for CILs receiving funding under Part B, as defined by Section 706(c) of the Act.

 

e)         Upon completion of the compliance review, a written report of findings, observations, recommendations and compliance rating will be prepared by the DSE and then sent to the executive director (or his or her designee) and the chairperson of the board of directors of the CIL under review.

 

f)         Compliance ratings, and their subsequent impact, include:

 

1)         Full Compliance – The CIL will receive funding at the same or an increased level as the current year within the limitation of available funds and the needs of DHS.  The CIL will be exempt from undergoing a full compliance review for a period not to exceed 3 years, unless the need for such a review is otherwise indicated to ensure contract compliance.

 

2)         Noncompliance – If one or more findings, as defined in Section 886.20, are identified in the on-site compliance review report, the CIL reviewed will be placed in a probationary status until findings are remedied through implementation of a corrective action plan.  The length of the probationary period is at the discretion of the DSE, but will not last more than 12 months.

 

3)         Unacceptable Noncompliance – A finding of "unacceptable noncompliance" may be made if a CIL in "noncompliance" status fails to correct compliance review findings within the probationary period.  This finding may also be made if the findings of the compliance review are determined to be of such significance that a finding of "noncompliance" would be inappropriate, and that immediate action is necessary on the part of the DSE.  In instances of "unacceptable noncompliance", the DSE will make recommendation to the DHS-DRS Director that funding to the CIL cease.  There will be no probationary period or subsequent review of the CIL.  The decision to defund a CIL is to be made by the DHS-DRS Director.  All funding to that CIL will terminate 90 days after the date of notification (see 20 ILCS 2405/12(f)).

 

g)         Appeal

 

1)         A CIL that does not agree with the compliance review rating it receives may grieve the rating, as follows:

 

A)        For Ratings of Noncompliance – The affected CIL must request a review by the DSE within 30 calendar days after receipt of the written notice of the rating of Noncompliance.  Within 10 business days after the request, the Manager of the DRS Independent Living Unit (or his or her designee) acting as the DSE will contact the CIL in writing to inform the CIL of the date, time and location of a meeting to discuss the grievance. The meeting will include a review of any evidence provided by the CIL and a presentation of evidence on behalf of the DSE.  The meeting must occur within 30 days after the request for review filed by the CIL.  Within 10 calendar days after the date of the meeting, the DSE will issue a written decision in response to the grievance.

 

B)        Any CIL not satisfied with the result of the DSE review of its grievance of a finding of noncompliance may request a review by the DHS-DRS Director, or his or her designee.  The CIL will submit evidence in support of its case to the Director/designee.  The Director/designee will then review the information provided by the CIL and the DHS file regarding the compliance rating.  The Director/designee will then issue a written decision on the matter.  Any CIL not satisfied with the result of the DHS-DRS Director's Review may request a review by the Secretary, or his or her designee.  The DHS Secretary's review is the final step in the grievance process for ratings of Noncompliance and will constitute DHS' final action on the matter.

 

C)        If a CIL achieves a Full Compliance rating as a result of the review of the DSE or the DHS-DRS Director, the provisions of subsection (g)(1) shall apply.

 

2)         For Ratings of Unacceptable Noncompliance

 

A)        The affected CIL must follow the grievance procedures set forth within the Uniform Grant Agreement and the State of Illinois Grantee Compliance Enforcement System. 

 

B)        During the existing contract year, funding that was discontinued to the affected CIL may be redirected by the DSE to other CIL grantees for the provision of independent living services in the area previously served.

 

(Source:  Amended at 44 Ill. Reg. 2808, effective January 31, 2020)

 

Section 886.80  Impact of the Compliance Review (Repealed)

 

(Source:  Repealed at 44 Ill. Reg. 2808, effective January 31, 2020)

 

Section 886.90  Reporting the Outcome of a Compliance Review (Repealed)

 

(Source:  Repealed at 44 Ill. Reg. 2808, effective January 31, 2020)

 

Section 886.100  Funding Based on Compliance Review Outcomes (Repealed)

 

(Source:  Repealed at 44 Ill. Reg. 2808, effective January 31, 2020)

 

Section 886.110  Grievance of Compliance Review Ratings (Repealed)

 

(Source:  Repealed at 44 Ill. Reg. 2808, effective January 31, 2020)