Rehabilitation Services CSA Attachment D

I. Introduction

  1. II. Applicable Rules
  2. III. Program Services
  3. IV. Program Plan and Deliverables
  4. V. Payment
  5. VI. Eligibility Criteria
  6. VII. Reporting Requirements
  7. VIII. Special Conditions

I.  Introduction

This document serves as an attachment to the Department of Human Services (DHS) Community Service Agreement and sets forth supplemental contractual obligations between the Provider and Department. The Attachment provides contractual requirements beyond those in the Agreement and is intended to clarify programmatic areas of the Division of Rehabilitation Services.

II.  Applicable Rules

Provider must comply with all applicable federal, state and local rules and statutes including, but not limited to, the following:

  1. Federal

    1. Disability Determination Services (20 CFR Part 404, Subpart Q; 20 CFR Part 416, Subpart J), (http://www.ssa.gov/OP_Home/cfr20/416/416-0000.htm)
    2. Home Services (42 CFR Part 441, Subpart G, Home and Community-Based Services - Waiver Requirements), (http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi)
    3. Randolph-Sheppard Act (20 U.S.C. 107 et seq.) for the Vending Facility Program for the Blind (http://www.tnvend.org/TBEDocs/RandolphSheppardAct.htm)
    4. Rehabilitation Act (29 U.S.C. 701 et seq.) for the Vocational Rehabilitation Program (http://uscode.house.gov/download/pls/29C16.txt)
    5. Business Enterprise Program for the Blind (34 CFR Part 395),(http://ecfr.gpoaccess.gov/cgi/t/text/text-idxidno=34;region=DIV1;type=proximity;c=ecfr;cc=ecfr;sid=fd43861fb5037bb7d2e4681ea7cb698c;q1=program%20for%20the20blind;op2=near;amt2=80;op3=near;amt3=80;rgn=div5;submit=Submit%20search;view=text;node=34%3A2.1.1.1.28)
    6. Social Security Act (42 U.S.C. 1396n) for the Home Service Program (pdf) (http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2297+3++%2842%20U.S.C.%201396n%29%20%20%20%20%20%20%20%20%20%20)
    7. Social Security Act 42 U.S.C. 421 and Social Security Act 1383b for Social Security Disability Determinations (http://www.ssa.gov/OP_Home/ssact/title16b/1631.htm) (http://www.ssa.gov/OP_Home/ssact/title04/0421.htm)
    8. Vocational Rehabilitation (34 CFR Parts 361 through 396) (http://www.access.gpo.gov/nara/cfr/waisidx_02/34cfr361_02.html)
  2. State

    1. Centers for Independent Living (89 Ill. Adm. Code Part 886) (http://www.ilga.gov/commission/jcar/admincode/089/08900886sections.html)
    2. Criteria for the Evaluation of Programs of Services in Community Rehabilitation Programs (89 Ill. Adm. Code Part 530) for the Vocational Rehabilitation Program (http://www.ilga.gov/commission/jcar/admincode/089/089005300C02300R.html)
    3. Disabled Persons Rehabilitation Act (20 ILCS 2405) (http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=333&ChapterID=5)
    4. Grants and Contracts: Non-Discrimination and TTY Requirements (89 Ill. Adm. Code Part 525) (http://www.ilga.gov/commission/jcar/admincode/089/089parts.html)
    5. Home Services Provider Requirements, Type of Services, and Rates of Payment (89 Ill. Adm. Code Part 686) for the Home Services Program (http://www.ilga.gov/commission/jcar/admincode/089/089parts.html)
    6. Qualification of Medical and Psychological Service Providers (89 Ill. Adm. Code 590.60) for the Vocational Rehabilitation Program  (http://www.ilga.gov/commission/jcar/admincode/089/089parts.html) 
    7. Qualification for Personal Support Services provided by Individuals (89 Ill. Adm. Code 590.480) for the Vocational Rehabilitation Program (http://www.ilga.gov/commission/jcar/admincode/089/089parts.html) 
    8. Qualification of Training Facilities/Institutions (89 Ill. Adm. Code 590.210) for the Vocational Rehabilitation Program (http://www.ilga.gov/commission/jcar/admincode/089/089parts.html) 
    9. Qualification for Tutors for the Deaf (89 Ill. Adm. Code 590.230 (e)) for the Vocational Rehabilitation Program (http://www.ilga.gov/commission/jcar/admincode/089/089parts.html)
    10. Rate making (89 Ill. Adm. Code Part 545) for the Vocational Rehabilitation Program (http://www.ilga.gov/commission/jcar/admincode/089/089parts.html)
    11. State Plan for Independent Living (pdf) (http://www.silcofillinois.org/SPIL2011thru2013.rtf)
    12. State Plan for Vocational Rehabilitation (http://rsa.ed.gov/view.cfm?rsaform=VR-State-Plan&state=IL&fy=2011&agency=C)
    13. Vendor Requirements for Vehicle Adaptation and Environmental Modification (89 Ill. Adm. Code 590.375 and following) for the Vocational Rehabilitation Program (http://www.ilga.gov/commission/jcar/admincode/089/089parts.html)
    14. Qualifications for Interpreters - Must follow Interpreter for the Deaf Licensure Act of 2007 (225 ILCS 443) (http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2948&ChapterID=24) 
    15. Illinois Charitable Trust Act (760 ILCS 55), (http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2127&ChapterID=61) 
    16. Business Corporation Act (805 ILCS 5), (http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2273&ChapterID=65) 
    17. Executive Orders, (http://www2.illinois.gov/gov/Pages/ExecOrders.aspx) 
    18. Administrative Order (pdf), (http://www.illinois.gov/publicincludes/statehome/gov/documents/AO-2010-1.pdf)
    19. Illinois Emergency Budget Act of Fiscal Year 2011 SB3660 Enrolled (http://www.ilga.gov/legislation/96/SB/09600SB3660enr.htm)
    20. Illinois Administrative Code (http://www.ilga.gov/commission/jcar/admincode/titles.html)
    21. Contractual Services defined 
    22. Professional and Artistic Services defined
    23. Purchasing, Contracting and Leasing
    24. 44 Ill. Adm. Code Part 1(http://www.ilga.gov/commission/jcar/admincode/044/04400001sections.html)
    25. Contract filing and late filing affidavits
    26. Lease of office and storage space and facilities
    27. Fair Employment Practices
    28. Governmental Ethics
    29. State Officials and Employees Ethics Act (5 ILCS 430 et seq.) (http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2529&ChapterID=2) 
    30. Expenditure Authority
    31. Contract Signatures
    32. Payment for Goods and Services
    33. State Contracts
    34. Human Services Provider Contracts
    35. Requirement to Purchase from Department of Corrections
      • Purchase of Recyclable Products or Supplies
      • Change Orders in Public Contracts
      • Invoice Voucher Certification Clause

    III.  Program Services

    1. Blind Services - Four programs are operated for adults with visual impairments enabling them to work and participate in family and community life. These programs consist of the following:
      1. Vocational Rehabilitation - Serves individuals with severe visual impairments to assist with preparing for and/or obtaining employment, and assists with determining what assistive technology devices can help people perform tasks on the job.
      2. Community Based Instructional Program - Independent living skills are taught to people in their homes, at school, in the work place or other community sites.
      3. Business Enterprise Program for the Blind (BEPB) - This program offers management opportunities in the food service industry to individuals who are legally blind. Certified graduates of the program operate vending facilities throughout the state.
      4. Services Provided to Individuals Who Are Age 55 or Older - Provide services to individuals who are blind or severely visually impaired and who require assistance to increase their independence and participation in society.
    2. Education Services - The three residential schools, Illinois School for the Deaf and Illinois School for the Visually Impaired, both in Jacksonville and the Illinois Center for Rehabilitation and Education-Roosevelt in Chicago, offer fully accredited educational programs, Vocational Rehabilitation and independent skills training for children ages 3-21.
    3. Client Assistance Program (CAP) - Provides legal assistance to DRS customers who request legal representation in the DRS appeals process, or to appeal through the court system. CAP is an advocacy program established by Section 112 of the federal Rehabilitation Act.
    4. Community Based Employment Services - Such services may include assessment, job development and placement, on the job training, job coaching services and follow-up.
    5. Home Services Program (HSP) - Services may include Personal Assistance (PA) Referral and Training, Intensive Case Management, Office Support/LPN Support and Community Reintegration.
    6. Independent Living Program - Provides programmatic opportunities to people with disabilities that will facilitate their right to control and direct their own lives, to have life choices, and to actively participate in all aspects of society.
    7. Medical Consultant - Assists Rehabilitation Counselors by reviewing suggested procedures which are offered by physicians and surgeons, including fee reviews, appropriate medical and surgical avenues to pursue on behalf of customers, review of complicated medical recommendations by customer's physician or surgeon, and identifying qualified practitioners, serving as liaison between DRS and community medical organizations and providing training to DRS staff.
    8. Secondary Transitional Experience Program (STEP) - A training/placement program that prepares students with disabilities for transition to employment and optimum community participation during and after high school. This program serves high school students ages 14 1/2 - 21.
    9. Services for Persons who are Deaf or Hard of Hearing - Provide accessible programming to persons who are Deaf, Hard of Hearing, Late Deafened or Deafblind. Services range from interpreter services to advocacy to post secondary education.
    10. Supported Employment Program - Time-limited supported employment services are used to assist the customer in obtaining and maintaining competitive supported employment.
    11. Transition Specialist Program - Secondary school entities establish positions at the school to carry out transition services. A Transition Specialist serves as a coordinating liaison between DHS/DRS and the schools as the facilitator for the student's transition from school to work.
    12. Special Project - This category is for funded special or unique activities, not described above. Descriptions are specified in a separate scope of services, also considered part of this contract, on file with DRS.


     

    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 & 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

    1. Provider Service and Funding Plan: The Provider agrees to provide services and deliverables as stated in the program plan, as well as execute service and budget forms provided by the Division of Rehabilitation Services (DRS) and submit completed forms to DRS within time frames specified. Failure to submit the required service and budget forms and obtain DRS approval may result in suspension of payments and/or loss of contract.
    2. Competitive Employment: DRS requires all employment outcomes obtained during the contract/agreement period to be competitive employment as defined in 89 Ill. Admin. Code 530.1, and to meet the criteria of an integrated setting as defined in the RSA Technical Assistance Circular TAC-06-01. Employment outcomes claimed under the contract/agreement are subject to verification by DRS.

    V.  Payment

    1. Payment and Billing Information: Reference DRS Program Manuals for all payment and billing information. All manuals are available by contacting the Provider's DRS Project Officer or the DRS Contract Unit at 217/557-7764 V/TTY.
    2. Types of Payment
      1. Fee-for-Service - A program for which the payments are made on the basis of a rate, unit cost or allowable cost incurred and is based on a statement or bill as required by the Department. Payments made as a fee-for-service are not subject to the Illinois Grants Fund Recovery Act (30 ILCS 705).
      2. Expenditure-driven program - A program for which the payments are made based on an expenditure report from the provider reflecting the actual expenditures incurred. These contracts are subject to the Illinois Grants Fund Recovery Act (30 ILCS 705).
    3. Payments made to the Provider are based upon services and rates as specified in the approved contract and DRS Application Package. Billings, with substantial documentation, are submitted by the Provider upon completion of service. The Provider must accurately complete and submit billings in a timely manner. The Provider understands that incorrect billings or portions of billings may not be processed in the current monthly cycle and may be returned to the Provider for correction.
    4. The Provider must submit accurate reports (service or cost, as specified by the Department). Payments may be suspended if reports are not received in the proper format or timely as specified in the program manual.

    VI.  Eligibility Criteria

    1. Eligible and Target Populations
      1. Vocational Rehabilitation (VR) Program: The VR Program helps individuals with disabilities, either those receiving SSI or SSDI, or those having a physical or mental impairment which for such individual constitutes or results in a substantial impediment to employment, and who can benefit from vocational rehabilitation services in terms of an employment outcome, to obtain and maintain employment. To be eligible for VR services, an individual must meet eligibility criteria as stated in 89 Ill.Adm.Code Part 553.
      2. Home Services Program (HSP): The HSP helps individuals with severe disabilities who need assistance with daily living activities in their homes. The program serves individuals with a wide variety of disabilities including AIDS, physical disabilities, developmental disabilities, mental illness and Traumatic Brain Injury (TBI). To be eligible for HSP, an individual must meet eligibility criteria as stated in 89 Ill.Adm.Code Part 682.
    2. Accreditation
      1. This section pertains to Community Rehabilitation Programs. Per DHS/DRS rule 89 Ill. Adm. Code Part 530, any Community Rehabilitation Program doing business with DHS/DRS must meet and maintain national accreditation standards through the Commission on Accreditation of Rehabilitation Facilities, the National Accreditation Council, the Accreditation Council, the Joint Commission on Accreditation of Health Organizations, or the Council on Accreditation for all programs of service identified in the Provider's contract, grant or working agreement. All Providers with outcomes/successful placements identified in their contracts/agreements must have accredited placement programs. DHS/DRS standards can only be applied to a new Community Rehabilitation Program or to a Community Rehabilitation Program from which DHS/DRS purchases less than $20,000 in total services annually or to a new program/service added to a Provider's contract/agreement.
      2. A new Community Rehabilitation Program is one from which DHS/DRS has not previously purchased services. Such Community Rehabilitation Programs must become NATIONALLY accredited within a three year period of the first year the amount of services purchased by DHS/DRS exceeds $20,000 annually.

    VII. Reporting Requirements

    Requirements may vary depending upon the type of program. Reference DRS Program Manuals for program specific Reporting and Monitoring Requirements. All manuals are available by contacting the Provider's DRS Project Officer or the DRS Contract Unit at 217/557-7764 V/TTY.

    VIII.  Special Conditions

    1. Background Checks:  Health Care Worker Background Check Act - The Provider certifies that it is in compliance with all requirements and regulations issued pursuant to the Health Care Worker Background Check Act (225 ILCS 46). The Health Care Worker Background Check Act applies to all individuals employed or retained by a health care employer as home health care aides, nurse aides, personal care assistants, private duty nurse aides, day training personnel, or an individual working in any similar health-related occupation where he or she provides direct care. (225 ILCS 46/10). It is the responsibility of the provider to determine if this act applies to the provider.
    2. Nurse Aide Registry: The Provider shall not employ an individual in any capacity until the Provider has inquired of the Department of Public Health as to information in the Nurse Aide Registry concerning the individual. If the Registry reflects the existence or contains information that substantiates a finding of physical or sexual abuse or egregious neglect against an applicant, the Provider shall not employ him or her in any capacity.
    3. Abuse and Neglect: If the person is enrolled in a program or lives in a setting funded, licensed or certified by DHS or lives in a private home, call the OIG HOTLINE: 1-800-368-1463 or if the person with disabilities is enrolled in a program or lives in a setting funded, licensed or certified by Department of Public Health (DPH) (e.g. a nursing home), and the abuse/neglect occurs when service is being provided, call the DPH Nursing Home Hotline: 1-800-252-2893.
    4. Mandatory Meetings and Training:  DRS may designate any meeting or training it deems necessary as mandatory for Provider attendance. Providers will be given notification of such meetings or trainings via registered mail. Such meetings or trainings will be offered free of charge. Providers must support their own travel, per diem and lodging expenses. Reasonable accommodations will be made upon request 14 days prior to the meeting or training.
    5. Data: The Provider must provide DRS with any and all data as specified in specific Program Manuals as well as other applicable rules. Data will be submitted in a timely manner in a format prescribed by DRS.
    6. Program Manuals: Program Manuals include the following: DRS Program Manual, Secondary Transitional Experience Program Standards and Procedures for Implementation and Monitoring, Procedures Manual for the Division of Rehabilitation Services and Community Rehabilitation Programs, Operations Manual for Bureau of Blind Services Field Staff, Program Administration Manual for Older Blind Purchase of Service Providers, Centers for Independent Living Manual, Grants Administration Process Manual, Monitoring Manual for Grant Projects, Equipment Manual for Grant Projects. All manuals are available by contacting the Provider's DRS Project Officer or the DRS Contract Unit at 217/557-7764 V/TTY.
    7. Monitoring: Reference DRS Program Manuals for monitoring requirements. All manuals are available by contacting the Provider's DRS Project Officer or the DRS Contract Unit at 217/557-7764 V/TTY.
    8. 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.