Rehabilitation Services CSA Attachment F

Helping Families. Supporting Communities. Empowering Individuals.

Division of Rehabilitation Services

Attachment F (EEC)

Table of Contents

I. Introduction

II. Applicable Rules

III. Program Services

IV. Program Plan and Deliverables

V. Payment

VI. Eligibility Criteria

VII. Reporting Requirements

VIII. Special Conditions

I. Introduction

This information 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:

STATE STATUTES

20 ILCS 2405/ Rehabilitation of Persons with Disabilities Act.

20 ILCS 2407/ Disabilities Services Act of 2003.

20 ILCS 2410/ Bureau for the Blind Act.

20 ILCS 2421/ Blind Vendors Act.

105 ILCS 5/ School Code.

30 ILCS 708/ Grant Accountability and Transparency Act

FEDERAL LAWS

Public Law 113-128 Workforce Innovation and Opportunity Act

20 USC 107 Operation of Vending Facilities

42 USC 7 Social Security Act

GENERAL DIVISION RULES

PART 505 CONFIDENTIALITY OF INFORMATION

PART 510 APPEALS AND HEARINGS

PART 511 GRANTS AND GRANT FUNDS RECOVERY

PART 515 ADVISORY COUNCILS

PART 520 AUTHORIZATIONS

PART 525 GRANTS AND CONTRACTS

PART 527 RECOVERY OF MISSPENT FUNDS

PART 545 RATEMAKING

PART 546 PUBLIC USE OF DHS-ORS FACILITIES

VOCATIONAL REHABILITATION & RELATED PROGRAMS

Federal Regulations

Code of Federal Regulation

Title 34, Subtitle B, Chapter III, Part 361 - State Vocational Rehabilitation Services Program

Section 361.1 to Section 361.89

http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title34/34cfr361_main_02.tpl

Code of Federal Regulation

Title 34, Part 363 - The State Supported Employment Services Program

Section 363.1 to Section 363.56

http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=e69ccfd3ea0363efda853207c4fbb75c&r=PART&n=34y2.1.1.1.8

Code of Federal Regulation

Title 34, Part 369 - Vocational Rehabilitation Service Projects

Section 369.1 to Section 369.47

http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=e69ccfd3ea0363efda853207c4fbb75c&r=PART&n=34y2.1.1.1.13

Code of Federal Regulation

Title 34, Part 395 - Vending Facility Program for the Blind on Federal and Other Property

Section 395.1 to Section 395.38

http://www.ecfr.gov/cgi-bin/text-idx?idno=34;region=DIV1;type=proximity;c=ecfr;cc=ecfr;sid=fd43861fb5037bb7d2e4681ea7cb698c;q1=program%20for%20the%20blind;op2=near;amt2=80;op3=near;amt3=80;rgn=div5;submit=Submit%20search;view=text;node=34%3A2.1.1.1.28

State Rules

PART 521 PROGRAM DEFINITIONS

PART 530 CRITERIA FOR THE EVALUATION OF PROGRAMS OF SERVICES IN COMMUNITY REHABILITATION AGENCIES

PART 552 REFERRAL FOR VR SERVICES

PART 553 ASSESSMENT FOR DETERMINING ELIGIBILITY AND REHABILITATION NEEDS

PART 557 APPLICATION

PART 562 CUSTOMER FINANCIAL PARTICIPATION

PART 567 COMPARABLE BENEFITS

PART 572 INDIVIDUALIZED PLAN FOR EMPLOYMENT (IPE)

PART 590 SERVICES

PART 595 CLOSURE OF A REHABILITATION CASE

PART 640 PROJECTS WITH INDUSTRY

PART 650 VENDING FACILITY PROGRAM FOR THE BLIND

PART 730 ILLINOIS CENTER FOR REHABILITATION AND EDUCATION/COMMUNITY RESIDENTIAL SERVICES FOR THE BLIND AND VISUALLY IMPAIRED

PART 890 TELECOMMUNICATION DEVICES FOR THE HEARING IMPAIRED

DRS RESIDENTIAL SCHOOLS

Federal Regulations

Code of Federal Regulation

Title 34, Part 300 - Assistance to States for the Education of Children with Disabilities

http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=e69ccfd3ea0363efda853207c4fbb75c&ty=HTML&h=L&n=34y2.1.1.1.1&r=PART

State Rules

BUREAU OF DISABILITY DETERMINATION SERVICES

Federal Regulations

* Code of Federal Regulation

Title 20, Part 416, Subpart J-Determinations of Disability

Section 416.1001 to Section 416.1094

http://www.ssa.gov/OP_Home/cfr20/416/416-0000.htm

State Rules

III. Program Services

a. Vocational Rehabilitation (VR) - The VR program supports a wide range of services designed to help individuals with disabilities prepare for and engage in gainful employment consistent with their strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. Eligible individuals are those who have a physical or mental impairment that results in a substantial impediment to employment, who can benefit from vocational rehabilitation services for employment, and who require VR services. Priority must be given to serving individuals with the most significant disabilities. Services include, but are not limited to:

  1. Assessment - Assists individuals with disabilities in developing an individual employment plan of job readiness, transferable skills, social and personal characteristics, vocational interest, employment preferences, retention and coping skills, and develop a job match profile.
  2. Job Development and Placement - Using job match techniques, assists the individual in identifying and securing specific jobs that are available and accessible in the community. Job seeking and retention skills training can be used to develop necessary skills to enable the individual to secure his/her job and to develop an understanding of how to keep a job.
  3. Training - On-the-job training is provided to an individual if the individual needs to learn specific tasks associated with the job. The training supervision is typically provided by the Community Rehabilitation Program or employer.
  4. Job Coaching - A one-on-one service provided to an individual who is working on a job and requires support on the job site in order to strengthen skills and work habits and enhance job performance. Job coaching may be provided to any VR customer in need of intensive support.
  5. Supported Employment - A comprehensive set of services designed for individuals with a most significant disability. Job development and job placement are followed by provision of ongoing support services, typically on the job (including job coaching) but also away from the work site. Federal rules limit supported employment services to 24 months except under special circumstances.
  6. Follow-up - A time limited service which includes direct and indirect support to an employee and or employer to allow for adequate job adjustment and retention or further job development and placement. Follow-up needs should be identified in a follow-up plan which is developed by the individual, the DHS/DRS Counselor, the provider staff and any others designated by the customer (i.e., employer, guardian).

Other more specialized VR services and/or agreements include, but are not limited to:

  1. Services to individuals with Visual Impairments - The Blind Services component of the VR program 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. Services to Individuals who are Deaf or Hard of Hearing - These services offer specialized accessible programming and services to persons who are Deaf, Hard of Hearing, Late Deafened or Deaf-blind. Services range from interpreter services to advocacy to post secondary education.
  3. Secondary Transitional Experience Program (STEP) - An evaluation, training, and employment program that prepares students with disabilities for transition to employment and optimum community participation during and after high school.
  4. Transition Specialist Program (TS) - A program by which 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.
  5. Milestone Arrangement - Assists individuals with various disabilities in obtaining and maintaining community based competitive integrated employment and measures success once the customer has achieved stability at 15, 45 and 90 days of employment. Other services provided include assessment, job coaching, job development and placement, job retention, skills training and career development.
  6. Business Enterprise Program for the Blind (BEPB) - This program carries out the federal Randolph/Sheppard Act by providing training to prepare individuals who are legally blind with the skills needed to manage and own a small business. The program also provides for the establishment of new vending facilities and maintenance of existing facilities throughout Illinois.

b. Client Assistance Program (CAP) - Provides support to DRS customers and other individuals with disabilities to understand, pursue, and obtain Vocational Rehabilitation Services, Home Services or other services to which they may be entitled. Through the use of a toll-free line (1-800-641-3929 V/TTY) and Human Relations Representatives, CAP assists individuals with problems they experience in seeking or receiving services from DRS; tries to resolve issues at the lowest possible level (e.g. local office) using advocacy skills, dispute resolution and negotiation; assists or represents individuals in their appeals of Department decisions regarding services and represents them in court, if necessary; works with Department and community groups and organizations to resolve systemic problems in the service delivery system and delivers public education programs on the rights of individuals with disabilities and other related areas.

c. Education Services - DRS' Educational Services provides administrative and program support to three state operated 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). These facilities offer fully accredited educational programs, Vocational Rehabilitation and independent skills training.

d. Disability Determination Services - The Bureau of Disability Determination Services determines the eligibility of Illinois citizens to receive benefits under the Social Security Administration's (SSA) disability programs, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Disability Determination Medical Reviewer services are required as part of a team that makes the disability determination per the Code of Federal Regulations, specifically 20 CFR 416.1616. Disability Determination Medical Reviewers are limited to evaluating the impairments for which they are qualified and have experience in reviewing and evaluating SSA disability claims at all levels (initial filing, reconsideration, and continuing disability) in accordance with the rules and regulations set forth by the SSA.

IV. Program Plan and Deliverables

A. 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.

B. Competitive Employment: DRS requires that all employment outcomes obtained during the contract/agreement period will need to be competitive employment as defined in 89 Ill. Admin. Code 530.1, and 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. DRS is responsible for final determination as to whether a claim for an employment outcome qualifies for payment under a contract. No provider may claim payment for a competitive employment outcome when the provider is the employer of the DRS customer without the prior written approval from DRS. DRS will evaluate the nature of the job placement and determine whether it meets the criteria for "competitive integrated employment" as defined in the federal Work Innovation and Opportunity Act and is consistent with the guidelines provided in Rehabilitation Services Administration Technical Assistance Circular TAC-06-01.

V. Payment

A. 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

B. Types of Payment

1. Fixed Rate - 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 Funds Recovery Act (30 ILCS 705/1 et. seq.).

2. Expenditure-Driven - A program for which payments are made based on an expenditure report from the provider reflecting the actual expenditures incurred for the costs associated with carrying out the specified requirements in the Contractual Agreement. Expenses are subject to restrictions for allowability or non-allowability due to the nature of the program

C. Payments made to the Provider are based upon services and rates as specified in the approved Contract. 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.

D. 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 Manuals.

VI. Eligibility Criteria

A. Eligible and Target Populations

  1. Vocational Rehabilitation (VR) Program: The VR Program helps individuals with disabilities or those having a physical or mental impairment which 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. Supported Employment (SE) Program: Supported Employment is a service designed to assist individuals with most significant disabilities obtain and retain competitive integrated employment through the use of effective ongoing support services. 89 Ill.Adm.Code Part 590, Sub-Part M.
  3. Client Assistance Program: Any client or client applicant of the Vocational Rehabilitation Program is eligible or any individual with a disability is eligible to receive information on the services and benefits available to individuals with disabilities under the Act and Title I of the Americans with Disabilities Act.

B. Accreditation

This section pertains to Community Rehabilitation Programs.

  1. 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.
  2. All Providers with outcomes/successful placements identified in their contracts/agreements must have accredited placement programs.
  3. Programs that are not accredited must meet DHS/DRS standards as defined in 89 Ill. Admin. Code 530. Such standards may 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.
  4. A new Community Rehabilitation Program is one from which DHS/DRS has not previously purchased services. Such Community Rehabilitation Programs must meet national accreditation standards 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.

VIII. Special Conditions

A. 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.

B. 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.

C. Abuse and Neglect: Providers are mandated reporters. 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 Adult Protective Services Hotline 1-866-800-1409 (Voice) 1-888-206-1327 (TTY) 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.

D. 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.

E. 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.

F. Monitoring: Reference DRS Program Manuals for monitoring requirements. All manuals are available by contacting the Provider's DRS Project Officer.

G. 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.

H. Providers providing services to individuals who are Deaf, Hard of Hearing or DeafBlind must adhere to the following:

Sign Language Interpreter Services: Interpreters must be appropriately licensed in accordance with the Interpreter for the Deaf Act of 2007. A Listing of Licensed interpreters can be found at http://www.illinois.gov/idhhc/licensure/Pages/DirectoryHome.aspx. Proficiency Levels indicating License requirements for various environments can be found at http://www.ilga.gov/commission/jcar/admincode/068/068015150000900R.html

Telecommunication Services: When appropriate, Providers will use Telecommunication Relay Services when communicating with Deaf, Hard of Hearing or DeafBlind people. Dial 711 and you will be connected to a TRS operator. Give the operator the number of the person you are calling. This communication takes place via text. Others use Video Relay Services (VRS) which utilizes a sign language interpreter to call people who use Video Phones. Callers dial the 10-digit video phone number and are automatically connected to a communication assistant who will interpret the conversation.

Other Communication Services: Other appropriate methods of communication must be used as requested by the customer and may include: CART (Communication Access Realtime Translation (CART) or an Assistive Listening Device (ALD).

I. Other special conditions may be added at the discretion of the Division of Rehabilitation Services.