Community Health and Prevention CSA Attachment E

I. Introduction

This document serves as an attachment to the Illinois Department of Human Services (DHS) Community Services Agreement and sets forth supplemental contractual obligations between the Provider and DHS. The Attachment provides contractual requirements beyond and in addition to those in the Agreement and applies to the programmatic areas of the Division of Community Health and Prevention (CHP).

II. Applicable Rules and Statutes

The Provider shall provide services as set forth in the pertinent portions of the CHP Program Manual and shall act in accordance with all state and federal statutes and administrative rules applicable to the provision of the services, including, but not limited to the following:

Federal Rules

  1. 7 CFR 246: Special Supplemental Nutrition Program for Women, Infants and  Children
  2. 7 CFR 247: Distribution and Use of Commodity Supplemental Food Program Commodities
  3. 7 CFR 248: WIC Farmer's Market Nutrition Program
  4. 7 CFR 249: Senior Farmer's Market Nutrition Program
  5. 42 CFR 430 et seq.: Medicaid provisions of Title XIX of the Social Security Act and its  rules
  6. 42 CFR 431.300 - 431.307: Medicaid provisions of Title XIX of the Social Security Act  and its rules, specifically provisions regarding "Safeguarding Information on  Applicants and Recipients"
  7. 42 CFR Part 50, Subpart B: Policies of General Applicability, Sterilization of  Persons in Federally Assisted Family Planning Projects
  8. 42 CFR Part 50, Subpart C: Policies of General Applicability, Abortions and Related Medical Services in Federally Assisted Programs of the Public Health Service
  9. 42 CFR 54.1 et seq.: U.S. Department of Health and Human Services provisions regarding Charitable Choice
  10. 45 CFR Part 16: Procedures of the Departmental Grant Appeals Board
  11. 45 CFR Part 59 SubPart A: Regulations for Title X Family Planning Services
  12. 45 CFR 74 and 45 CFR 75: U.S. Department of Health and Human Services provisions regarding Administration of Grants
  13. 45 CFR Part 96: Substance Abuse Prevention and Treatment Block Grant (SAPT) regulations
  14. 45 CFR Part 96: Tobacco regulations for SAPT (SYNAR Amendment)
  15. 45 CFR 260: General Temporary Assistance for Needy Families (TANF) Provisions

Federal Statutes

  1. 7 U.S. Code 3007: Farm Security and Rural Investment act
  2. 20 U.S. Code 1431: Individuals with Disabilities Education Act, Part C
  3. 20 U.S. Code 6301: Safe and Drug Free Schools and Communities Act, Title IV
  4. 22 U.S. Code 7102 et seq.: Victims of Trafficking and Violence Protection Act
  5. 42 U.S. Code 290aa et seq.: Public Health Service Act
  6. 42 U.S. Code 300 et seq.: Block Grant Regarding Mental Health and Substance Abuse
  7. 42 U.S. Code 701 et seq.: Maternal and Child Health Services Block Grant
  8. 42 U.S. Coe 1786: Special Supplemental Nutrition Program For Women, Infants and Children
  9. 42 U.S. Code 5101 et seq.: Child Abuse Prevention and Treatment Act of 1996
  10. 42 U.S. Code 5601 et seq.: Juvenile Justice and Delinquency Prevention Act
  11. 42 U.S. Code 10401 et seq.: Family Violence Prevention and Services Act
  12. 42 U.S. Code 12501 et seq.: National and Community Service Act of 1990 as amended by the National and Community Service Trust Act of 1993
  13. 42 U.S. Code 13701 et seq.: Violent Crime Control and Law Enforcement Act of 1994
  14. 42 U.S. Code Chapter 6A, Subchapter VIII, Section 300: Population Research and Voluntary Family Planning Programs
  15. 42 U.S. Code Chapter 7, Subchapter V, Section 701: Authorization of Appropriations

Executive Orders

(http://www2.illinois.gov/gov/Pages/ExecOrders.aspx)

Administrative Orders

Administrative Order # 1 (http://www.illinois.gov/publicincludes/statehome/gov/documents/AO-2010-1.pdf)

Illinois Emergency Budget Act of Fiscal Year 2011 SB3660 Enrolled

(http://www.ilga.gov/legislation/96/SB/09600SB3660enr.htm)

Illinois Administrative Code

(http://www.ilga.gov/commission/jcar/admincode/titles.html)

ILL Constitution (1970 act. 1, sec. 17, Fair Employment Practices)

(http://www.ilga.gov/commission/lrb/con1.htm)

SAMS (Section 11) - Expenditure Authority

(http://www.apps.ioc.state.il.us/ioc-pdf/SAMSManualMaster.pdf) (pg.392)

SAMS Procedure 15.20.95 - Contract Signatures

(http://www.apps.ioc.state.il.us/ioc-pdf/SAMSManualMaster.pdf) (pg.665)

State Rules: Title 77 Illinois Administrative Code

  1. Part 630: Maternal and Child Health Services Code
  2. Part 635: Family Planning Services Code
  3. Part 672: WIC Vendor Management Code
  4. Part 2030: Award and Monitoring of Funds
  5. Part 2200: School Based/Linked Health Centers

State Rules

Early Intervention Services Systems Act, 325 ILSC 20/1 et seq., and 59 Ill. Admin. Code 500.

State Rules: Title 89 Illinois Administrative Code

  1. Part 130.200: Administration of Social Service Programs, Domestic Violence  Shelter and Service Programs
  2. Part 310: Delivery of Youth Services Funded by the Department of Human  Services
  3. Part 313: Community Services
  4. Part 334: Administration and Funding of Community-Based Services to Youth
  5. Part 500: Early Intervention Program
  6. Part 501: Partner Abuse Intervention
  7. Part 504: Universal Newborn Hearing Screening Program
  8. Part 507: Audit Requirements of DHS
  9. Part 509: Fiscal/Administrative Recordkeeping and Requirements
  10. Part 511: Grants and Grant Funds Recovery

State Statutes

  1. 5 ILCS 420/1-101 et seq: Illinois Governmental Ethics Act
  2. 5 ILCS 430 et seq: State Officials and Employees Ethics Act
  3. 20 ILCS 405/405-300 Civil Administrative Code of Illinois
  4. 20 ILCS 505/17: Children and Family Services Act
  5. 20 ILCS 710: Illinois Commission on Volunteerism and Community Services Act
  6. 20 ILCS 1305: Department of Human Services Act
  7. 20 ILCS 1310: Domestic Violence Shelters Act
  8. 20 ILCS 1330: Diabetes Initiative Act
  9. 20 ILCS 2310/55.05: Civil Admin. Code of Illinois
  10. 30 ILCS 105/9.04: State Finance Act
  11. 30 ILCS 105/15a: State Finance Act
  12. 30 ILCS 50/1-1 et seq: Illinois Procurement Code
  13. 30 ILCS 435/15: Human Services provider Bond Reserve Payment Act
  14. 30 ILCS 500/1-15.60: Illinois Procurement Code
  15. 30 ILCS 500/20-80: Illinois Procurement Code
  16. 30 ILCS 540/1 et seq: State Prompt Payment Act
  17. 30 ILCS 575/0.01 et seq: Business Enterprise Program for Minorities, Females and Persons with Disabilities
  18. 30 ILCS 590/1 et seq: State Agency Employees Child Care Services Act
  19. 30 ILCS 705/1: Illinois Grant Funds Recovery Act
  20. 225 ILCS 10: Child Care Act of 1969
  21. 225 ILCS 460/1: Solicitation for Charity Act
  22. 305 ILCS 5/9-1, 12-4.5 through 12-4.7, and 12-13: Illinois Public Aid Code
  23. 325 ILCS 5: Abused and Neglected Child Reporting Act
  24. 325 ILCS 20: Early Intervention Services System Act
  25. 410 ILCS 212: Illinois Family Case Management Act
  26. 410 ILCS 213: Hearing Screening for Newborns Act
  27. 410 ILCS 250: Developmental Disabilities Prevention Act
  28. 410 ILCS 255: WIC Vendor Management Act
  29. 410 ILCS 505: Autopsy Act
  30. 415 ILCS 20/3: Illinois Solid Waste Management Act
  31. 705 ILCS 405: Illinois Juvenile Court Act
  32. 705 ILCS 5/3-12-7: Unified Code of Corrections
  33. 720 ILCS 5/33E-9 Criminal Code
  34. 730 ILCS 110/16.1: Unified Code of Corrections, Probation and Probation Officers Act
  35. 750 ILCS 30: Emancipation of Minors Act
  36. 750 ILCS 60/227: Illinois Domestic Violence Act of 1986
  37. 760 ILCS 55/1: Charitable Trust Act
  38. 805 ILCS 5: Business Corporation Act

Note on Provider Audit Requirements

The State General Revenue Funds disbursed through the Department of Human Services, Division of Community Health and Prevention, are usually Maintenance of Effort (MOE) or Temporary Assistance for Needy Families (TANF) matching funds. Therefore, these funds are generally treated as FEDERAL FUNDS at the end of the fiscal year. Such treatment of State General Revenue Funds as Federal Funds may cause the Provider to fall under the audit requirements of OMB Circular A-133. This knowledge can be used to avoid unnecessary additional costs when requesting year-end fiscal audits. The Provider is therefore advised to notify their independent auditor (CPA) of this possibility.

III. Program Services

The Provider shall submit a program plan to the Department for each Program detailed in the Community Services Agreement. Under separate cover, the Division of Community Health and Prevention will inform the Provider of the specific program plan requirements for each program. Unless the Division of Community Health and Prevention specifies a different due date in the program plan requirements, program plans will be due 60 days after the effective date of the contract.

DHS TANF Initiative

The Temporary Assistance for Needy Families (TANF) program provides temporary financial assistance for pregnant women and families with one or more dependent children. TANF provides financial assistance to help pay for food, shelter, utilities, and expenses other than medical expenses. Since the inception of this program in 1997, DHS has had agreements with various types of contractors who provide employment and training services to TANF customers in an effort to help them gain independence.

Pursuant to the Deficit Reduction Act, changes were made to federal TANF regulations that place greater restrictions on the types of activities that are countable and tighten record-keeping requirements. Failure to meet the new requirements would result in the potential loss of millions of dollars in federal funding. Consequently, DHS must increase the number of Work Experience and Community Service positions available for TANF customers. Accordingly, DHS has begun a new initiative to encourage additional providers to establish such positions.

Below is a description of this new initiative. Provider participation in this program is voluntary. If you choose to participate, DHS will provide you with a specific agreement detailing requirements of the program.

The Role of the Provider

The Provider will ensure it establishes work experience and/or community services positions for up to three (3) individuals participating in the Temporary Assistance to Needy Families (TANF) employment and training program. These individuals are referred to herein as the "Participant" or "Participants".

The Participants will be referred to the Provider by the local Family Community Resource Center (FCRC) or by a TANF employment and training contractor. Participants will be assigned to either work experience or community service positions for no more than thirty (30) hours per week.

The Provider will be required to provide daily supervision to the Participant(s) assigned, complete daily attendance records, provide comments on the Participant's progress, and transmit this information on a weekly basis to the person or entity who made the referral (i.e., the local office and/or Employment and Training contractor). The attendance form must be signed by the Participant(s) and the site supervisor. The Provider's site supervisor must participate in monthly telephone conferences with the case manager assigned to the client/customer. These telephone conferences will be held at a time that is mutually agreeable to the site supervisor and the case manager.

For Community Service positions, the Provider must provide the following information: (1) a description of the agency's mission, (2) how its services benefit the community, (3) the task(s) that will be performed by the Participant(s) at the agency, and (4) the job skills to be acquired by performing the task(s). It is preferred that all documents required are submitted to the agency prior to the client/customer being referred to the provider; however, such documents must be provided no later than (5) days after receiving the referral. Daily attendance of the client must be recorded and maintained. Upon request, record of the attendance of each customer sent to the referring agency must be sent to the TANF caseworker.

For Work Experience, the Provider must identify the specific tasks/duties to which the Participant(s) will be assigned. It is preferred that all documents required are submitted to the agency prior to the client being referred to the provider; however, such documents must be provided no later than (5) days after receiving the referral. Daily attendance of the client must be recorded and maintained. Upon request, record of the attendance of each customer sent to the referring agency must be sent to the TANF caseworker.

Definitions of TANF Work and Training Activities

Work Experience - Provides a Participant with an opportunity to acquire the general skills, training, knowledge and work habits necessary to obtain employment. The activity must be supervised daily by an employer, work site sponsor, or other responsible party. Participants may be placed in a supervised assignment with public, private or not-for-profit employers, organizations and governmental agencies. Pursuant to applicable law, the maximum number of hours each Participant may be assigned per week is thirty (30); the specific number of weekly hours a Participant may be assigned will be determined by DHS.

Community Service - A structured program in which Participants perform work for the direct benefit of the community under the auspices of a public or non-profit organization. Community service programs must be limited to projects that serve a useful community purpose in fields such as health, social services, environmental protection, education, urban and rural redevelopment, welfare, recreation, public facilities, public safety, and childcare. Community service programs are designed to improve the employability of Participants not otherwise able to obtain employment; Participants in such programs must be supervised daily on an ongoing basis. Pursuant to applicable law, the maximum number of hours each Participant may be assigned per week is thirty (30); the specific number of weekly hours a Participant may be assigned will be determined by DHS.

If you have any questions or require further information, please contact DHS' Division of Human Capital Development at (312) 793-0683 or (217) 785-3300.

IV. Program Plan and Deliverables

If the program manual requires a program work plan, the Provider shall complete the work plan in a format set forth by the Division of Community Health and Prevention. The approved work plan must be on file with the Division of Community Health and Prevention, and the plan must be implemented as described.

Provider Specific Program Appendices: The terms and conditions set forth in the program-specific appendices to the CHP Program Manual, shall be in addition to those contained in this principal attachment.

V. Payment

The Department will utilize one of the funding methods outlined below.

Fee-For-Service

A program for which the payments are made on the basis of a rate, unit cost or actual allowable cost incurred and are based on a statement or bill as required by the Department. These payments occur after documentation has been received by the Department. Payments made as a fee-for-service are not subject to the Illinois Grant Funds Recovery Act (30 ILCS 705 et seq.).

Grants

A program that receives all or part of the funding in advance of the actual delivery of services. This includes prorated prospective payments and payments made by the Department on an estimated basis or any other basis when the Department does not know the actual amount earned by the Provider. This does not include advance payments made under the authority of the Illinois Finance Act (30 ILCS 105/9.05), nor does it include payments made by the Department when there is documentation prior to expiration of the lapse period to which the expenditures are charged that the goods or services were received. All funds paid as a grant are subject to the Illinois Grant Funds Recovery Act (30 ILCS 705 et seq.).

  1. Eligible Expenditures v. Program Revenue - This method compares the  eligible expenditures to the total Department revenues by program. An  independent audit and associated supplemental revenue and expense schedule  may be required from the Provider. Eligible expenditures will be determined based  on 89 Ill. Admin. Code 509.20, Allowable/Unallowable Costs and specific program  requirements, if applicable.
  2. Eligible Services Delivered v. Services Projected - This method compares the actual eligible services delivered to the services projected in the contract/agreement. If the services were based on a rate or unit of cost methodology, the number of eligible service units delivered times the rate or unit  is compared to the total of all grant payments for that service. Grant  reconciliations using this method will be the responsibility of the office or division administering the  program.

Methods

Payments to the Provider will be made on a prospective basis, rounded to the nearest $100.00. The final prospective payment may be greater or lesser than the previous payments due to rounding or reconciliation.

The Department will compare the amount of the prospective payments made to date with the documented expenditures provided to the Department by the Provider. In the event the documented services provided by the Provider do not justify the level of award being provided to the Provider, future payments may be withheld or reduced until such time as the services documentation provided by the Provider equals the amounts previously provided to the Provider. Failure of the Provider to provide timely documentation may result in a reduction to the total award.

The final payment from the Department under this Agreement shall be made upon the Department's determination that all requirements under this Agreement have been completed, which determination shall not be unreasonably withheld. Such final payment will be subject to adjustment after the completion of a review of the Provider's records as provided in the Agreement.

Exceptions to the standard provision as stated above may be provided with regard to specific programs in the Community Health and Prevention (CHP) Program Manual program-specific appendices.

VI. Eligibility Criteria

All services funded by the Department of Human Services, Division of Community Health and Prevention must meet any stated eligibility conditions in the CHP Program Manual, program-specific appendices.

VII. Reporting Requirements

The Provider shall use the following methodology to document the use of these funds:

  1. The Provider shall provide summary documentation by line item of actual expenditures  incurred for the purchase of goods and services necessary for conducting program  activities. The Provider shall use generally accepted accounting practices to record  expenditures and revenues as outlined in 89 Ill. Adm. Code  509, DHS Fiscal  Administrative Recordkeeping and Requirements.
  2. Expenditures shall be recorded in the Provider's records in such a manner as to establish an audit trail for future verification of appropriate use of Agreement funds.
  3. Expenditure documentation forms shall be submitted in a format, defined by CHP, to the Department on a quarterly basis, within 30 days after the end of each  calendar quarter. However, the Provider shall have the option to report expenditures monthly.
  4. The Providershall submit expenditure documentation forms by one of the following means:
    1. Mail
      Illinois Department of Human Services
      Division of Community Health and Prevention
      Fiscal Support Services
      815 - 823 East Monroe Street
      Springfield, IL 62701-1519
    2. Email
      The email address to use varies by program. For the email address of the accountant for a given program, please refer to Section VIII, "Billing Instructions," in the CHP Program Manual for this program.
    3. Fax
      217-524-2491
Quarter Period Covered Due Date
1 7/1/2011 through 9/30/2011 11/1/2011
2 10/1/2011 through 12/31/2011 2/1/2012
3 1/1/2012 through 3/31/2012 5/1/2012
4 4/1/2012 through 6/30/2012 8/1/2012

VIII. Special Conditions

If method of payment or reporting requirements to support payments is different than the standard as set forth above (Section V) & (Section VII), they will be stated in the "Special Conditions" Section of the CHP Program Manual program-specific appendices.

  1. FUNDING RESERVE
    • Reductions in Amounts Payable: The amount(s) payable, or estimated amount(s) payable, to vendor/provider under the agreement and this attachment may be subject to a reduction as necessary or advisable, based upon actual or projected budgetary considerations, at the sole discretion of the Illinois Department of Human Services.