To HSP Customers,
Individual Providers (IP) will not be allowed to work more than 60 hours per work week unless you have been approved for an Overtime Exception. To avoid an overtime occurrence, a possible period of ineligibility for payment for your provider, and/or a change to an agency provider, you must apply and be approved for an Overtime Exception to allow an IP to work over 60 hours in a work week.
- A work week is Sunday at 12:00am to Saturday 11:59pm. Not to be confused with a pay period of the 1st-15th or 16th-End of Month.
Below you will find guidance on the categories for an Overtime Exception as well as how to apply for an exception. PLEASE NOTE: A back up provider is still required to be listed on your Service Plan. To add a back up provider, please contact your HSP Counselor.
- Overtime Exception Categories
- How to apply for an exception
1. Overtime Exception Categories:
Provider Capacity Exception
You will apply for this exception if your service plan warrants a provider working more than 60 hours in a work week and:
- one or more of your IP's can no longer work, is unfunded, no longer meets qualifications, has expired credentials and/or there is no provider within 45 miles willing and able to provide services to you. A representative for the Center of Independent Living (CIL) in your area must verify that they were not able to find a provider to assist you.
This exception must be applied for at any time. If approved, this exception is valid for (one) 1 year from approval. After one year, this exception will automatically renew for successive one-year periods unless and until HSP determines not to renew the exception.
Unique/Complex Needs Exception
You will apply for this exception if your service plan warrants a provider working more than 60 hours in a work week:
- you have a Service Plan allowing 60 hours in a work week, and
- your health and safety would be at risk by adding additional IPs to your Service Plan. (Why would an additional provider be detrimental to your health? Or Why can't a new provider be trained to perform the tasks on your Service Plan?)
Medical documentation from your doctor(s) must be submitted with this form for HSP to make a determination on this exception. This exception can be applied for at any time. If approved, this exception is valid for (one) 1 year from approval. After one year, this exception will automatically renew for successive one-year periods unless and until HSP determines not to renew the exception.
Out-of-Town Exception
You will apply for this exception if your service plan warrants a provider working more than 60 hours in a work week and:
- you require care to ensure your own health and safety while out-of-town and you are not able to take additional IPs.
If approved, your services will be limited to Personal Care only per 89 IAC 684.60(c). This exception must be applied for in advance and can be used for 14 days per calendar year.
Emergency Need Exception
You will apply for this exception if your service plan warrants a provider working more than 60 hours in a work week and:
- you had an urgent need for care and your IP had to work over 60 hours in a work week to avoid risking your health and safety. An example would include an unexpected illness of an IP.
This exception must be applied for within two (2) weeks of need (when a provider needed to exceed 60 hours in a work week), please provide pay period dates. If approved, this exception may be used four (4) times per calendar year for up to 10 hours per pay period.
2. How to apply for an exception:
- Download and print the Request for Overtime Exception (IL488-2272).
- Note: If you are having troubles printing from online, please contact your local DRS office or email DHS.HSPOvertime@Illinois.gov and you will be mailed a Request for Overtime Exception form. This may delay your exception process.
- Submit your completed Request for Overtime Exception form and all necessary supporting documentation to:
- *Due to the COVID-19 Pandemic, exceptions request submitted by fax or mail may delay your exception process.
- HSP Central Office Policy Unit will process your exception. In addition to your supporting information and/or your medical documentation, HSP Policy Unit may reach out to your Counselor for assistance in processing your exception.
- Your Request for Overtime Exception approval or denial will be mailed to your address on file at the local DRS office.
- If your request is denied, you will receive appeal information and a request for appeal form with your denial letter.
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Created: 10/1/2021, Latest revision: 12/22/2021, 2/1/2022
