Section 676.130   Customer Signatures and Information Required to Receive Services Under the HSP

a)         In order to receive services, or continue to receive HSP services, for which DHS-DRS would pay on behalf of the customer, a customer is required to sign all forms, and supply any information required to complete those forms, which are necessary to comply with all applicable State and federal laws or the provisions of the Medicaid Waiver or are necessary to process payments through the Comptroller's Office.  During the duration of Executive Order 2020-20 and any subsequent re-issuance and extension, and subject to federal approval, with respect to any DHS-DRS forms, where a signature cannot be expeditiously obtained due to the COVID-19 pandemic and associated social distancing, customers may take the following actions which will constitute a signature for immediate purposes:

1)         Provide electronic approval or digital signature in writing via fax, email, or similar method of program-approved submission; or

2)         Provide verbal assent by telephone, constituting a telephonic signature.

b)         Consistent with its obligation to ensure that the HSP funds are properly distributed, the Department shall have the authority to develop sample forms that may be used as guidance to the customer in the exercise of his/her obligations under the HSP.  Except as required by law or specific provisions of the HSP, the customer is not obligated to use such sample forms and may deviate from or alter such sample forms.

c)         A customer employing a personal assistant is required to enter into an Employment Agreement with his/her personal assistant to confirm their understanding of the nature of the employment relationship involved and the extent of control that the customer retains over the services performed by the personal assistant, as prescribed by 89 Ill. Adm. Code 686.10.

(Source:  Amended at 45 Ill. Reg. 10034, effective July 22, 2021)