Division of Developmental Disabilities Stakeholder Feedback Request

The Division of Developmental Disabilities (DDD) has posted the following draft documents to ensure appropriate stakeholder feedback and engagement. Instructions on submitting comments is below.

  1. Administrative Rules - Overview
    1. Draft Rule 119
    2. Draft Rule 120
    3. Draft Rule 117

Administrative Rules - Overview

Administrative Rules outline the implementation of the requirements of Federal and/or State laws and are used to define the practices of services. Rules are official regulations developed by State agencies, such as the Department of Human Services Division of Developmental Disabilities (DDD). Rule changes require an agency to submit proposed Rule language changes to the Joint Committee for Administrative Rules (JCAR), a bipartisan legislative oversight committee. JCAR publishes the proposed changes in the Illinois Register. This publication begins the First Notice public comment period in which people have an opportunity to formally respond to the proposed changes. JCAR manages the entire formal approval process for Rule changes.

The Rule making process is separate from agency, department or division specific mechanisms that clarify system processes. For instance, the DDD produces policies and procedures (in the form of Information Bulletins, manuals and guidelines) that are used to communicate further detail regarding requirements for the provision of service activities. In addition, all Home and Community-Based Services under DDD are subject to federal requirements and outlined in waiver language which is approved by the federal Centers for Medicare and Medicaid Services. Finally, State and federal laws and statutes may also be applicable.

The DDD has not revised Administrative Rules in many years. As a result, DDD is posting draft copies of the rules prior to starting the Joint Committee for Administrative Rules (JCAR) process for formal approval to ensure appropriate stakeholder feedback and engagement. It is our hope, where possible, to incorporate stakeholder feedback and answer questions before submitting the draft document to the JCAR.

Draft Rule 119

The Division of Developmental Disabilities (DDD) is revising and updating Title 59 Part 119 (Rule 119) which sets standards for day programs that serve individuals with developmental disabilities. Rule 119 outlines what day program agencies must do in order to become, and remain certified, by the Department of Human Service/Bureau of Accreditation, Licensure and Certification (DHS BALC). It also outlines DDD's expectations of certified day program agencies for providing services.

The Division is making changes to almost all of the Sections of Rule 119, including Section 119.100, 120, 119.200, 119.205, 119.215, 119.235, 119.240, 119.245, 119.250, 119.255, 119.260, 119.261, 300, 119.305, 119.310 and 119.325.

Sections 119.210, 119.220, 119.225, 119.230, 119.232, 119.270 are being repealed (or withdrawn).

We are proposing to add a Subpart D and E. Below is a summary of the major changes being proposed for Rule 119:

  • The name of Rule 119 is being modified and Subparts D and E have been added; both were done to distinguish requirements when serving individuals who reside in an Intermediate Care Facility for Individuals with Developmental Disabilities (ICF/DD) and those who are enrolled in the DD Adult Waiver. The requirements when serving individuals who are enrolled in the DD Adult Waiver must align with federal Home and Community-Based Services Regulations regarding Person-Centered Planning and Settings (42 CFR 441.301 c) 1) through 4)). A description of service requirements for individuals who reside in an ICF/DD are found in Title 89 Part 140.
  • Community Day Services that are provided at a community location has been included as a separate billable service.
  • Throughout the Rule, language and definitions have been updated.
  • The discharge process from a day program provider has been revised.
  • Amendments have been made to day program staffing ratios and language describing staff positions.
  • The Individual's Rights section has been enhanced to include the rights of privacy, dignity, and respect. It also includes additional freedoms from restraint, coercion, time-out, and aversive procedures.
  • Behavior Management Committee and Human Rights Committee information has been revised.
  • Updated language regarding registry checks for staff.
  • Critical Incident Reporting and Analysis System (CIRAS) has been added to require incidents, that are not reported to the Office of Inspector General, to be electronically reported to DDD.
  • Changes have been made regarding agency certification, levels of compliance and sanctions.

Please review the proposed changes and forward your comments regarding DRAFT Rule 119 (5.17.21) (docx) to Brad.Cowan@illinois.gov by close of business on July 15, 2021.


Draft Rule 120

The Division is also revising and updating Title 59 Part 120 (Rule 120) which governs DDD's three Medicaid Home and Community-Based Services Waiver Programs: Adults with DD Waiver, Children's Support Waiver and Children's Residential Waiver. Rule 120 provides uniform direction for providers and Independent Service Coordination agencies, as well as for individuals enrolled in the waivers, their families and guardians.

The Division is making changes to Sections 120.10, 120.20,120.40, 120.50 - 120.120 and 120.140 - 120.160. We are proposing to add Section 120.65. Below is a summary of the other major changes being proposed:

  • The proposed language will set the structure for the Division's waiver services to align with the Federal HCBS Final Regulations [42 CFR Part 441.301(c)(1) - (c)(5)]. Proposed changes include a section on Conflict of Interest Free Case Management. It also outlines the Person- Centered Planning process and the Settings requirements.
  • The Individual's Rights section has been enhanced to include the rights of privacy, dignity, and respect. It also includes additional freedoms from restraint, coercion, time-out, and aversive procedures.
  • The language and definitions have been updated throughout the Rule.
  • Children's Residential and Children's Support Waivers have been included.
  • The discharge process from a waiver provider has been revised.

Please review the proposed changes and forward your comments on DRAFT Rule 120 (5.17.21) (docx) to Valerie.Taylor@illinois.gov by close of business on July 15, 2021.


Draft Rule 117

The Division is also revising and updating 59 Ill. Adm. 117, more commonly known as Rule 117. Rule 117 outlines services for the Divisions Home Based Supports and Services (HBSS) program, which is part of the DD Adult Waiver and the DD Children's Support Waiver.

The Division is making changes to almost all of the Sections of Rule 117, including 117.100, 117.115, 117.120, 117.125, 117.200, 117.210, 117.215, 117.225, 117.235, and 117.240. Sections 117.130, 117.135, 117.140, 117.145, 117.205, 117.220 and 117.230 are being repealed (or withdrawn) in addition to Subpart C and the Appendix. Other changes include:

  • Adding Children's Home-Based Services and Supports program.
  • Repealing the Family Assistance Program (this is reflected in the title and repeal of Subpart C). This program is no longer in operation with the last child aging out in 2017.
  • Amending Rule 117 to align with the federal Home and Community-Based Services regulations regarding Person-Centered Planning and Settings.
  • Including requirements for both the agency-based and the Employer of Record Implementation Strategies.
  • Adding definitions for Electronic Visit Verification, Employer of Record, Personal Support, Personal Support Worker, and Self-Direction Assistant.

Please review the proposed changes to Draft Rule 117 (7.1.21) (docx) and send any comments or questions to Brad.Cowan@illinois.gov by close of business July 31, 2021.