July 1, 2021 DDD Communication

Good Afternoon,

Happy New Year! Welcome FY 22!

I want to take this moment to reflect on all we've done this year! We finalized the Guidehouse Rate Study and the Division received an historic increase to our budget that will enable us to implement a number of components to infuse our system with much needed investment (the GH Rate Study won't just collect dust!)! We've also expanded our amazing team, provided (many) policy clarifications by Information Bulletin and trainings and have continued to make movement towards compliance with the Ligas Consent Decree. Some items I'm particularly proud of:

  • PUNS letters are going out this month to individuals that have been waiting 57 months for services (meeting the reasonable pace requirement early!)
  • We clarified in policy that adults with I/DD are able to move services within our waiver (for example, HBS to CILA), any time and by their choice!
  • We eliminated the provision of collecting earned income effective TODAY!
  • We added remote supports to our waiver and the ability of PSWs to support adults and children in the hospital and bill for this support.
  • We held 14 webinars with 5123 people in attendance.
  • We continued to weather the COVID-19 pandemic and provide programmatic relief and financial investment to stabilize provider operations. We also introduced a new service, Virtual Day Services.
  • Rule 115, governing CILA operations, actually posted for public comment!

In the coming weeks and months we will be outlining our goals and plans for FY 22 and beyond. It's an exciting time! I look forward to working with all of you to make the system stronger and more person centered. Thank you for all you do each and every day!

QUICK NOTES

  • Per IDPH, the preliminary seven-day statewide positivity for cases as a percent of the total test from June 23-30, 2021, is 0.7%. The preliminary seven-day statewide test positivity from June 23-30, 2021, is 0.9%.
  • The Human Services Research Institute has issued an extension for providers to complete the Staff Stability Survey until July 31, 2021. Please complete!
  • Check out the newly released Restore Illinois Phase 5 Guidance for businesses and venues.
  • Don't forget to join today's webinar, FY21 Budget Update, DDD Updates and Q&A today, Thursday, July 1, 2021, at 3:00pm. Register for the webinar here.

UPDATED COVID-19 GUIDANCE FOR SMALL CONGREGATE SETTINGS

The Division, in collaboration with IDPH, and following updated CDC and OSHA guidance, has updated the COVID-19 guidance for small congregate settings. As you will see in the guidance, this is intended for small congregate settings, including CILAs, and does not include long-term care facilities (such as ICFs/DD). 

STATE PLAN AMENDMENT FOR ICF/DD RATE INCREASES POSTED FOR PUBLIC COMMENT

On Monday, the Illinois Department of Healthcare and Family Services (HFS) published a Public Notice regarding Fiscal Year 2022 increases for Intermediate Care Facilities (ICFs/DD) and Medically Complex for the Developmentally Disabled (MC/DD) facilities. The Public Notice lays out the plan for providing the $0.50/hour increase for ICF Aides effective July 1, 2021, the $1.00/hour increase for ICF Aides effective January 1, 2022, and the wage increases for other frontline staff wages to the federal Department of Labor, Bureau of Labor Statistics averages. Stakeholders can submit public comments to HFS via the following methods:

  • Bureau of Program and Policy Coordination
  • Division of Medical Programs
  • Healthcare and Family Services
  • 201 South Grand Avenue East
  • Springfield, IL 62763-0001
  • Email: HFS.bpra@illinois.gov  

OIG UPDATE ON RESUMPTION OF IN-PERSON VISITS

Beginning July 19, 2021, OIG will, absent extenuating circumstances, will require in-person interviews for victim and subject interviews for cases that, based on the allegations, would require the subject's placement on the Health Care Worker Registry. Previously, in May 2021, OIG approved investigative staff's performance of on-site investigative work, including in-person interviews, in situations where the investigative team determined it would be particularly helpful. This new requirement represents the next stage in OIG's incremental resumption of onsite investigative work. Accordingly, OIG will likely be communicating with agencies and facilities before going on-site to ensure all applicable safety protocols are being followed.

BEHAVIORAL SUPPORT NEEDS

The Division is seeing an uptick in referrals to our Support Services Team (SST) for adults and children with behavioral support needs. The Division is interested in receiving feedback on SST generally and what is working, or not working, from the provider and family perspective. Please feel free to email me directly at allison.stark@illinois.gov.

DDD STAKEHOLDER FEEDBACK WEBPAGE

The Division has created the Division of Developmental Disabilities Stakeholder Feedback Request webpage to share draft documents and solicit stakeholder feedback. This page will contain draft documents such as Administrative Rules and Medicaid Waiver Amendments. Draft Information Bulletins will continue to be made available as they currently are.

Draft Rules 119 and 120 are available on the webpage along with instructions for providing feedback. The deadline to provide feedback on these Rules has been extended to July 15, 2021.

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.

Draft Rule 117 is also available on the webpage. Please review the proposed changes and send any comments or questions to Brad Cowan by close of business July 31, 2021.

UPCOMING LIGAS ADVISORY COUNCIL & TOWNHALLS

The Ligas Consent Decree, certified in 2011, established the Ligas Family Advisory Council (LFAC) and the Ligas Townhall meetings. The LFAC is for Ligas class members or family members to advise and provide feedback to the state on implementation of the consent decree. The Ligas Townhalls are meant to be venues for information sharing as well as listening sessions that are open to Ligas class members, their families and other stakeholders.

As a reminder, a Ligas class member is any Illinois adult with an intellectual disability or developmental disability who qualifies for Medicaid Waiver services and either resides in a private ICFs-DD, with nine or more residents, and has requested community-based services, or who resides in a family home and has requested community-based services.

In the coming fiscal year, the DDD is holding two LFAC meetings and two Townhalls. In April, DDD hosted a Ligas Advisory Townhall with more than 70 participants. The next Ligas Family Advisory Council will be held virtually July 19, from 1-3 pm and will include updates from DDD, Ronnie Cohn, the Court Monitor; Laura Miller, Equip for Equality; and the Ligas Family Advocate program. If you are interested in attending this meeting please email Meg Cooch . We are hoping to move to a hybrid model for future meetings. For future updates and to see notes from previous meetings, you can go to the LFAC webpage.

OLDER ADULTS WITH I/DD AND CDS

Community Day Services (CDS) are intended to allow an individual with I/DD to acquire, improve, or maintain socialization and adaptive skills in a non-residential setting. The DDD wants remind stakeholders that older adults with I/DD that would like to "retire" from CDS are able to do so (even those that live in CILAs). With that being said, CDS can provide age appropriate senior services for those that choose to attend. For those that choose to stay home, the Independent Service Coordination agency should work with the residential services provider to complete the "Alternative Day Program Request" form .

FY21 LAPSE PERIOD BILLING FOR DDD PROVIDERS

DDD providers are advised that all billing and corrected billing for all bill codes including but not limited to: 17D, 19D, 31C, 31U, 35U, 37U, 39G, 39U, 41D, 42D, 50A, 51A - L, 52O, 52P, 52S, 53D, 53E, 53H, 53R, 53T, 53V, 55A, 55D, 55L, 55N 55P, 55T, 56U, 57G, 57U, 58G, 58U, 65H, 67D, 67E & 67O, 75H, 75M, 75O and 75Z for State Fiscal Year 2021 services and supports must be submitted to ROCS no later than Monday, August 16, 2021 by 5:00PM to avoid Court-of-Claims. Billing for 60D CILA only is not subject to this cut off.

The billing must be submitted to ROCS by the above specified date because all billing must have passed CARS PEND3 Status by August 31, 2021. The date specified above allows just enough time for the billing to be processed through CRS and CARS and make it to PEND3 status before the August 31, 2021 cutoff date set by Fiscal Services.

Thank you for all you do!

Warmly,

  • Allison V. Stark
  • Director, Division of Developmental Disabilities
  • Illinois Department of Human Services
  • 600 East Ash-Building 400, Springfield, IL 62703
  • Tel: (217) 782 -6803

The information contained herein should not be considered a substitute for the appropriate official statutes, rules, regulations, or the advice of legal counsel.


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