ADA/Olmstead Outreach - Updated 2/2/2024

Illinois Department of Human Services

Division of Developmental Disabilities

Information Bulletin

DD.24.010

Purpose:

This Information Bulletin informs Division of Developmental Disabilities (DDD) stakeholders that Independent Service Coordination (ISC) Agency staff will begin providing outreach to individuals who reside in Intermediate Care Facilities for Individuals with Developmental Disabilities (ICF/DDs) and State Operated Developmental Centers (SODCs) to ensure individuals with intellectual and developmental disabilities (I/DD) are aware of all options for their support needs starting July 1, 2022. This Information Bulletin replaces DD.22.010.

Background:

The Division has responsibility under the Americans with Disabilities Act, and specifically the Olmstead vs. L.C. U.S. Supreme Court decision, to ensure that individuals who reside in ICF/DDs and SODCs should be given information on community-based services, as well as other living options, and the process for accessing them. Education about service options will be offered to all individuals residing in ICF/DDs and SODCs, annually so that they may make informed decisions about their services. Guardians have duties and responsibilities under both federal and state Law. The Illinois Probate Act (Act) requires a guardian to maximize the independence and self-reliance of individuals with disabilities who are under guardianship while also providing mechanisms for balancing individual rights with the authority of the guardian. The Home and Community Based Services (HCBS) Settings Rule requires increased opportunities for individuals to access community living and choices related to daily living and living arrangements while also protecting an individual's right to personal choice. To learn more, review the Guardian Fact Sheet for Home and Community Based (HCBS) Settings Requirements and Persons with Disabilities Under Guardianship (PDF).

Annual Outreach to an Individual

  1. The ISC will visit the ICF/DD and/or SODC on an annual basis to engage with the individual residents. The ISC should confirm with the ICF/DD and/or SODC prior to each such visit to ensure they have accurate contact information for legal guardians of the facility's residents.
  2. The ISC should arrange the onsite day(s) and time(s) with the facility to ensure individuals will be present and that any family members, legal guardians, or other identified supports can also be present to provide support, if requested by the individual. If the individual is not interested in learning more about the availability of different services, the ISC should document the response. If the response is in writing, the ISC should keep a copy for the file. If an individual has a legal guardian, the ISC will send a letter to the individual's legal guardian with the following information:
    1. Information on Developmental Disability services available to the individual, including home and community-based services (HCBS).
    2. Date(s) and time(s) the ISC will be onsite at the facility
    3. Offer to register the individual on PUNS if interested in HCBS and living in an ICF/DD and offer to contact DDD's Bureau of Transition Services if interested in HCBS and living in an SODC.
  3. The ISC should provide alternate day(s) and time(s) for in-person, virtual or telephonic meetings to discuss service options with an individual if they are unable to attend the ISC's regular visit to the facility.
  4. During the meeting, the ISC should share information on Developmental Disability services available to the individual, including HCBS and offer to register the individual on PUNS if the individual is currently living in an ICF/DD and interested in HCBS.
  5. During the meeting, the ISC will complete the Outreach Visit Form (PDF) (IL462-5525) or Outreach Visit Form Spanish (PDF) (IL462-5525S).
  6. The ISC will complete the PUNS registration as applicable or requested (for individuals residing in ICF/DDs) or contact the Bureau of Transition Services (for individuals residing in an SODC).
  7. In the event the individual living in an ICF/DD enrolls on PUNS, the ISC should follow the PUNS process for follow-up and the individual will be removed from the ADA/Olmstead outreach process.
  8. In the event the individual living in an SODC would like waiver funded services, the Bureau of Transition Services, SODC interdisciplinary team and the ISC should begin working on the transition process with the individual. The individual should be removed from the ADA/Olmstead outreach process as long as they are working on community placement.
  9. ISCs will encourage all guardians to take the Guardianship and Advocacy Commission online training available at: Guardianship Training. ISCs will recommend the guardian review information on guardianship, especially as it pertains to the power to place and the requirement that an individual with I/DD be informed of all options for services and supports. If the guardian and individual disagree about being registered on the PUNS list (ICF/DD only) or placed on the transition list in an SODC, then the ISC should document the response. If the response is in writing, the ISC should keep a copy for the file. The ISC should also notify DDD of the disagreement.

Effective Date:

This Information Bulletin is effective February 2, 2024