After following the administrative rule process through the Illinois Secretary of State and the Illinois General Assembly's Joint Committee on Administrative Rules, the new overtime rules for the Home Services Program (HSP) will be adopted on August 1, 2017.

This Customer Guide to Overtime Rules provides you with information about the overtime rules and the key steps you should take before the August 1, 2017 effective date. If you have any questions after reviewing this information please contact your local HSP office or the IDHS Help Line at 1-800-843-6154 (Voice) or 1-866-234-5553 (TTY).

STEP 1: Please Read All of the Steps Listed Below

STEP 2: Please Review Your Service Plan

Please review your Service Plan to find the number of hours you are approved to receive each week. If you do not have a copy of your Service Plan, please contact the local HSP office for assistance.

STEP 3: Please Consider How Many Providers You May Need to Hire

After reviewing your Service Plan, please compare your weekly hours to the chart below. You may need to hire additional Individual Providers to cover the hours on your plan and the chart will help you determine how many to hire. In addition, if you do not have a Backup Individual Provider, please hire a backup provider for emergency situations or in case your regular provider cannot work.

Weekly Hours on Service Plan Number of Individual Providers
1-45 1
46-90 2
91-135 3
136-168 4

Example: If you have 55 weekly hours on your Service Plan, two Individual Providers and a Backup Individual Provider are needed.

STEP 4: Please Hire Additional Individual Providers Before August 1, 2017

Please begin hiring additional Individual Providers as soon as possible. By hiring providers now, you will be prepared when the rules go into effect on August 1, 2017. Please contact your local Center for Independent Living (CIL) or the local HSP office for assistance with finding Individual Providers.

STEP 5: If You Are Having Difficulty Hiring Individual Providers

If you are having difficulty locating and hiring Individual Providers, please contact your local CIL for assistance. If after working with the CIL you are still having difficulty, please review the overtime exceptions on the other side of this page. You may be able to apply for an overtime exception that will allow you to use overtime to meet your needs.

STEP 6: Request Pre-Approval for Overtime Exceptions as Needed

Please review the rules regarding overtime exceptions on the other side of this page and submit pre-approval paperwork to the local HSP office as needed.


Understanding Overtime Exceptions and How to Apply

If you are having difficulty locating enough Individual Providers, please contact your local CIL for assistance. If you believe you need one or more of your providers to work more than 45 hours in a work week, please review the information below. You may be able to use one of the five overtime exceptions to allow a provider to work more than 45 hours in a work week.

You can apply for three of the overtime exceptions before your provider works overtime. These are the Provider Capacity, Unique/Complex Needs, and Out-Of-Town Situations exceptions. For these three exceptions, please use the Pre-Approval Request for Overtime Exception form. This means that you should turn in your request and get approval before you let your provider work more than 45 hours in a work week. Remember that it may take up to 30 days to receive notification of approval or denial of your request.

This explains these three exceptions:

  • Provider Capacity: This exception means that you have tried, but were not able to find enough providers to care for your needs. If there is a CIL in your area, you should contact them for help. If the CIL is unable to find a provider for you, they will sign your form to verify that you are not able to find a qualified provider who can meet your care needs within 45 miles of your home. This exception approval may last until your next home assessment or up to one year, whichever is sooner.
  • Unique/complex Needs: This means that your health and safety would be at risk by having additional IPs provide care for you. You should contact your doctor to complete the Medical Documentation for Overtime Exception Request form and be sure to attach medical documents that he or she gives you to support his or her medical/behavioral opinion. This exception approval may last until your next home assessment or up to one year, whichever is sooner.
  • Out-of-Town Situations: This means that you need your IP for personal care tasks for more than 45 hours in a work week when you are out of town to make sure that your health and safety is maintained and it is not feasible to bring additional IPs. This exception approval may last for up to 2 weeks per year for one IP.

The two other overtime exceptions are the Provider Unable to Work and the Emergency Need exceptions. Please apply for these exceptions as soon as you know you have the need for them. If you know ahead of time that you need one of these exceptions, please use the Pre-Approval Request for Overtime Exception form. If you do not know ahead of time that you need one of these exceptions, please use the Post-Approval Request for Overtime Exception form as soon as possible or within 5 business days after the overtime is worked. It may take up to 30 days to receive notification of approval or denial of your request.

This explains these two exceptions:

  • Provider Unable to Work: This means that your IP has either quit, is no longer allowed to work for HSP, or they are a RN or LPN that has expired credentials. If your backup provider is not available, you should contact the CIL in your area to find another provider and you should work with your HSP Counselor to see if a temporary change to homemaker may be a solution. Sometimes you may know about the need for overtime ahead of time and other times you may not know until the need happens. Remember to choose the right form. This exception approval may last for up to 4 months.
  • Emergency Need: This means that an urgent need for care happens that causes your IP to work more than 45 hours in a work week so your health and safety are not at risk. This may include times when the next IP does not arrive on time, or other situations that prevent your next scheduled IP from providing services. Sometimes you may know about the need for overtime ahead of time and other times you may not know until the need happens. Up to 4 hours per pay period with a maximum of 30 hours per year can be worked by your IP without any paperwork. If you need more than 4 hours in the pay period, you can turn in a request for up to 4 more hours per pay period with a maximum of 30 hours per year. If a form is needed, remember to choose the right form.