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 Family and Community Services(FCS).
II. Applicable Rules and Statutes
The Provider shall provide services as set forth in the pertinent portions of the FCS 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:
- 7 CFR 246: Special Supplemental Nutrition Program for Women, Infants and Children
- 7 CFR 247: Distribution and Use of Commodity Supplemental Food Program Commodities
- 7 CFR 248: WIC Farmer's Market Nutrition Program
- 7 CFR 249: Senior Farmer's Market Nutrition Program
- 42 CFR 430 et seq.: Medicaid provisions of Title XIX of the Social Security Act and its rules
- 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"
- 42 CFR Part 50, Subpart C: Policies of General Applicability, Abortions and Related Medical Services in Federally Assisted Programs of the Public Health Service
- 42 CFR 54.1 et seq.: U.S. Department of Health and Human Services provisions regarding Charitable Choice
- 45 CFR Part 16: Procedures of the Departmental Grant Appeals Board
- 45 CFR Part 59 SubPart A: Regulations for Title X Family Planning Services
- 45 CFR 74 and 45 CFR 75: U.S. Department of Health and Human Services provisions regarding Administration of Grants
- 45 CFR Part 96: Substance Abuse Prevention and Treatment Block Grant (SAPT) regulations
- 45 CFR Part 96: Tobacco regulations for SAPT (SYNAR Amendment)
- 45 CFR 260: General Temporary Assistance for Needy Families (TANF) Provisions
- 7 U.S. Code 3007: Farm Security and Rural Investment act
- 20 U.S. Code 1431: Individuals with Disabilities Education Act, Part C
- 20 U.S. Code 6301: Safe and Drug Free Schools and Communities Act, Title IV
- 22 U.S. Code 7102 et seq.: Victims of Trafficking and Violence Protection Act
- 42 U.S. Code 290aa et seq.: Public Health Service Act
- 42 U.S. Code 300 et seq.: Block Grant Regarding Mental Health and Substance Abuse
- 42 U.S. Code 701 et seq.: Maternal and Child Health Services Block Grant
- 42 U.S. Code 1786: Special Supplemental Nutrition Program For Women, Infants and Children
- 42 U.S. Code 5101 et seq.: Child Abuse Prevention and Treatment Act of 1996
- 42 U.S. Code 5601 et seq.: Juvenile Justice and Delinquency Prevention Act
- 42 U.S. Code 10401 et seq.: Family Violence Prevention and Services Act
- 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
- 42 U.S. Code 13701 et seq.: Violent Crime Control and Law Enforcement Act of 1994
- 42 U.S. Code Chapter 6A, Subchapter VIII, Section 300: Population Research and Voluntary Family Planning Programs
- 42 U.S. Code Chapter 7, Subchapter V, Section 701: Authorization of Appropriations
Illinois Administrative Code
ILL Constitution (1970 act. 1, sec. 17, Fair Employment Practices)
SAMS (Section 11) (pdf) - Expenditure Authority
SAMS Procedure 15.20.95 (pdf) - Contract Signatures
State Rules: Title 77 Illinois Administrative Code
- Part 630: Maternal and Child Health Services Code
- Part 635: Family Planning Services Code
- Part 672: WIC Vendor Management Code
- Part 2030: Award and Monitoring of Funds
- Part 2200: School Based/Linked Health Centers
Early Intervention Services Systems Act, 325 ILSC 20/1 et seq., and 59 Ill. Admin. Code 500.
State Rules: Title 89 Illinois Administrative Code
- Part 130.200: Administration of Social Service Programs, Domestic Violence Shelter and Service Programs
- Part 310: Delivery of Youth Services Funded by the Department of Human Services
- Part 313: Community Services
- Part 334: Administration and Funding of Community-Based Services to Youth
- Part 500: Early Intervention Program
- Part 501: Partner Abuse Intervention
- Part 504: Universal Newborn Hearing Screening Program
- Part 507: Audit Requirements of DHS
- Part 509: Fiscal/Administrative Recordkeeping and Requirements
- Part 511: Grants and Grant Funds Recovery
- 5 ILCS 420/1-101 et seq: Illinois Governmental Ethics Act
- 5 ILCS 430 et seq: State Officials and Employees Ethics Act
- 20 ILCS 405/405-300 Civil Administrative Code of Illinois
- 20 ILCS 505/17: Children and Family Services Act
- 20 ILCS 710: Illinois Commission on Volunteerism and Community Services Act
- 20 ILCS 1305: Department of Human Services Act
- 20 ILCS 1310: Domestic Violence Shelters Act
- 20 ILCS 1330: Diabetes Initiative Act
- 20 ILCS 2310/55.05: Civil Admin. Code of Illinois
- 30 ILCS 105/9.04: State Finance Act
- 30 ILCS 105/15a: State Finance Act
- 30 ILCS 50/1-1 et seq: Illinois Procurement Code
- 30 ILCS 435/15: Human Services provider Bond Reserve Payment Act
- 30 ILCS 500/1-15.60: Illinois Procurement Code
- 30 ILCS 500/20-80: Illinois Procurement Code
- 30 ILCS 540/1 et seq: State Prompt Payment Act
- 30 ILCS 575/0.01 et seq: Business Enterprise Program for Minorities, Females and Persons with Disabilities
- 30 ILCS 590/1 et seq: State Agency Employees Child Care Services Act
- 30 ILCS 705/1: Illinois Grant Funds Recovery Act
- 225 ILCS 10: Child Care Act of 1969
- 225 ILCS 60: Medical PractiCe Act of 1987
- 225 ILCS 65: Nursing and Advanced Practice Nursing Act
- 225 ILCS 95 - Physician Assistant Practice Act of 1987
- 225 ILCS 460/1: Solicitation for Charity Act
- 305 ILCS 5/4-12, 9-1, 12-4.5 through 12-4.7, and 12-13: Illinois Public Aid Code
- 325 ILCS 5: Abused and Neglected Child Reporting Act
- 325 ILCS 20: Early Intervention Services System Act
- 410 ILCS 212: Illinois Family Case Management Act
- 410 ILCS 213: Hearing Screening for Newborns Act
- 410 ILCS 250: Developmental Disabilities Prevention Act
- 410 ILCS 255: WIC Vendor Management Act
- 410 ILCS 505: Autopsy Act
- 415 ILCS 20/3: Illinois Solid Waste Management Act
- 705 ILCS 405: Illinois Juvenile Court Act
- 705 ILCS 5/3-12-7: Unified Code of Corrections
- 720 ILCS 5/33E-9 Criminal Code
- 730 ILCS 110/16.1: Unified Code of Corrections, Probation and Probation Officers Act
- 750 ILCS 30: Emancipation of Minors Act
- 750 ILCS 60/227: Illinois Domestic Violence Act of 1986
- 760 ILCS 55/1: Charitable Trust Act
- 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 Family and Community Services, 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 Family and Community Services will inform the Provider of the specific program plan requirements for each program. Unless the Division of Family and Community Services specifies a different due date in the program plan requirements, program plans will be due 60 days after the effective date of the contract.
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 Family and Community Services. The approved work plan must be on file with the Division of Family and Community Services, 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 FCS Program Manual, shall be in addition to those contained in this principal attachment.
The Department will utilize one of the funding methods outlined below.
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.).
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.).
- 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.
- 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.
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 Family and Community Services (FCS) Program Manual program-specific appendices.
VI. Eligibility Criteria
All services funded by the Department of Human Services, Division of Family and Community Services must meet any stated eligibility conditions in the FCS Program Manual, program-specific appendices.
VII. Reporting Requirements
The Provider shall use the following methodology to document the use of these funds:
- 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.
- 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. Expenditure documentation forms shall be submitted in a format, defined by FCS, to the Department on a monthly basis, no later than the 15th of month following the month of services.
- The Provider shall submit expenditure documentation forms by one of the following means:
Illinois Department of Human Services
Division of Family and Community Services
Bureau of Program Support and Fiscal Management
100 South Grand East, 2nd floor
Springfield, IL 62762
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 FCS Program Manual for this program.
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 FCS Program Manual program-specific appendices.
- 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.