Section 500.65  Monitoring

a)         The Department, or its designee, will conduct comprehensive on-site monitoring visits at the regional intake entities.  Other visits may occur at any time.  Desk reviews may also be performed and families may be interviewed.  The regional intake entities shall help the Department or its designee in obtaining representative family interviews.

b)         The Department or its designee will prepare a written report of its findings that shall be sent to the regional intake entity.  The report shall identify issues of non-compliance and may make recommendations about other areas of concern.

c)         The regional intake entity shall send a corrective action plan to the Department or its designee within 30 days after receipt of the report, proposing timelines for addressing each compliance issue.

d)         The Department or its designee will approve, within 14 days, an acceptable corrective action plan and timelines and may make follow-up visits as necessary to determine progress and compliance as soon as possible and in no case later than one year after the lead agency's identification of noncompliance.

e)         If the corrective action plan is not acceptable to the Department, it may within 14 days provide a reasonable plan and timelines, and make follow-up visits as necessary to determine progress and compliance as soon as possible and in no case later than one year after the lead agency's identification of noncompliance.

f)         In addition to any other rights the Department may have under contract with the regional intake entity the Department may suspend the contract, or withhold or suspend payments to the regional intake entity due to noncompliance with this Part and with Part C.  Suspensions and holds may be lifted upon completion of, or demonstration of satisfactory progress towards, satisfactory corrective action.  If an acceptable corrective action plan is not submitted in the required timeframe or the terms of the corrective action plan are not met by the provider, the Department may terminate the contract.  This Section does not preclude the Department from exercising any rights it may have under its contract with the regional intake entity.

g)         The Department or its designee may also visit and review records of individual providers within the area to assure compliance with applicable laws, regulations and Service Provider Agreements.  Visits may occur at any time.  The Department may withhold or suspend payments to the provider for noncompliance with this Part or with Part C, as set forth in the Service Provider Agreement.

h)         The Department or its designee may also submit written reports to individual providers regarding provider non-compliance and issues of concern. Technical assistance will be provided as necessary.

i)          Providers receiving such reports shall submit a corrective action plan within 30 days proposing timelines for addressing issues of compliance.  The Department or its designee shall follow subsections (d) and (e) if necessary regarding the provider.

j)          In addition to other rights the Department may have, it may terminate its Service Provider Agreement with a provider due to non-compliance with this Part, and arrange for the provision of services to eligible children by other providers.  This Section does not preclude the Department from exercising any rights it may have under the Service Provider Agreement.

k)         The time frames set forth in this Section shall not preclude the Department from taking action immediately, if necessary, to protect the public interest, safety and welfare or to prevent ongoing violation of federal and State laws or threat of such violation.  Nothing contained in this Section shall preclude the Department from taking action even if the provider is taking or has taken corrective action.

(Source:  Amended at 38 Ill. Reg. 11086, effective May 12, 2014)