DRAFT - Closure of a CILA Home When a Provider Will Maintain Their CILA License

Department of Human Services

Division of Developmental Disabilities

Information Bulletin

DD.21.xxx DRAFT

Closure of a CILA Home(s) when a Provider Will Maintain Their CILA License.

Purpose:

In order to ensure a smooth and safe transition of persons with intellectual/developmental disabilities to alternative community based residential or in-home services, the Division of Developmental Disabilities (DDD) has established procedures to follow in the event of closure of a Community Integrated Living Arrangement (CILA) home(s), but the provider will maintain their CILA license.

In partnership with the impacted individuals, guardians (as applicable) and family, the Illinois Department of Human Services' Division of Developmental Disabilities, the Bureau of Accreditation, Licensure, and Certification (BALC), and the assigned Independent Service Coordination (ISC) agency will work together with the provider to:

  • Ensure that individuals are afforded a choice of alternative waiver services during an CILA home closure.
  • Ensure that individuals are provided appeal rights.
  • Ensure that individuals are transitioned to an alternative residential site or program or in-home service in a smooth, safe, and efficient manner that fosters the least amount of disruption to their daily schedules and services.

Background:

CILA Home Closure

Definition: a provider decision to permanently close and cease operations of a CILA home(s) but retain their CILA license; 60 calendar days' notice is required.

Requirements of Providers

  • The provider decision to close a CILA home(s) must not be in contravention of any federal or state law that protects a persons with disabilities right to be free of discrimination in housing and shall, also, comply with all federal and state laws and the HFS provider agreement Development Disabilities CSA Attachment A.
  • The provider is required to contact the DDD with a request for all individuals residing in the home to be transitioned to a new residential services address and/or in-home services.
  • The individuals who are impacted by the closure must first be offered any vacancies that exist in other CILA homes within the provider organization as appropriate to their needs.
  • The provider is required to ensure that appeal rights are provided to the individuals Please note: The Division expects a 60 -calendar day notice to provide a smooth transition for individuals and that appeal rights will be provided. The Division will attempt, on a case by case basis, to work with a provider agency that is unable to provide a 60-calendar day notice. Failure for an agency to provide a 60-calendar day notice may result in sanctions or other penalties.

This Information Bulletin does not address the purchase of a business, the transfer of ownership or home consolidations.

Process:

  • The provider will send a 60-calendar day written notification to the DDD Director or designee, as well as their ISC agency, stating its intent to close and cease operations of a specific CILA home. The signed and dated written notice of the emergency closure from the provider will include the following information:
    • Address and telephone number of CILA home
    • Specific information regarding the reason for the closure
    • Date and time CILA operations will cease (equal to or greater than 60 calendar days)
    • List of individuals served at the CILA home
    • List of vacancies at other CILA homes operated by the provider
    • Copy of all correspondence to individuals served and guardians as applicable providing notice of the impending closure
    • Documentation that appeal rights have been issued to the individuals impacted
    • Documentation that vacancies in other homes were offered to the individuals
      • If the provider is requesting to discharge the individual, the provider must provide documentation that the individual declined placement in the other vacancies within the organization.
    • Name email address and telephone number with extension (as needed) of a designated contact person at the provider during closure process
  • If the provider reports they are unable to continue operation for 60 calendar days, the provider and DDD will work together to identify strategies to continue operations for as long as practicable. Providers will be expected to exhaust all possible options to ensure a 60-calendar day notice.
  • The ISC agency will inform the individuals, guardians, (as applicable), and family of its role throughout the emergency CILA home closure process along with available resources.
  • The ISC agency will identify and discuss with the individuals, guardians, (as applicable), and family of all eligible options for temporary and/or permanent residential settings to the extent possible based on time frame and options available.
  • The Provider, ISC agency and DDD will meet on a weekly basis to discuss progress of securing alternative placements.
  • The DDD may identify and appoint a temporary, alternative licensed CILA provider to serve as an interim receiver and immediately assume total programmatic, managerial, and fiscal operations of the CILA home that are closing until permanent services can be arranged for the persons.
    • This receiver will allow the individuals to remain in their CILA homes until they identify a permanent residential setting or in-home support services
    • The receiver CILA provider identified and appointed by DDD will be:
      • In good standing with the Illinois Department of Human Services; possess.
      • Possess the programmatic, operational, and managerial experience necessary to provide the needed services; and
      • Be financially able to assume operations of the closing CILA home.
  • The ISC will work with the individuals to secure their chosen alternative services and setting.
  • If the individual or guardian (as applicable) chooses the family home without support services, the following will occur:
    • The ISC agency will send a letter to the individual, guardian, and family confirming transition to the family home without supports, including notification of the potential of losing access to waiver-funded services. The individual would then be required to return to the PUNS List if they need waiver services in the future.
    • The individual or guardian will have 6 months following closure of the CILA program to select an alternative waiver funded services. This may be extended with permission from the DDD.

ISC Responsibilities

  • The ISC will be responsible for ensuring the smooth transition of services and supports for the individual.
  • The individual, guardian, and family will explore eligible residential options with the assistance of the assigned ISC agency. The assigned ISC agency will arrange on-site visits with potential provider agencies and will complete and send to all potential alternative provider agencies referral packets for the individual.
  • The local ISC agency will secure a release of information for completion of the DDD PAS Level II process, when necessary. If the person chooses to transition to HBS or an alternative CILA provider, a DDD PAS Level II is not necessary.
  • The ISC will submit a funding request packet to DDD for processing.
  • The ISC will complete the STAR termination form if the provider is unable to complete the STAR termination form.
  • The ISC agency will continue to provide ongoing support throughout the process.
  • The ISC agency involved in the closure will copy and forward to the receiving provider and receiving ICS as applicable all relevant information CILA closure Checklist
  • If the individual returns home without services, the ISC agency involved in the closure will copy and forward to the individual, guardian, and family all relevant information located on the CILA Closure Checklist. All items reflected above must accompany the individual on the same day of the closure.

Closing Home Provider Responsibilities

  • If needed, the provider closing its CILA home will arrange transportation of the individual and their belongings to an alternative residential setting or family home.
  • The provider closing its CILA home will send a final closure notification on last day of CILA operation to DDD/BCS Region Facilitator or Representative. The DDD/BCS Region Facilitator or Representative will distribute this to entities within DHS.
  • The provider closing its CILA program will do the following for individual transitions as applicable:
    • Complete a Turnaround Form for each individual switching to another CILA residential site within the provider agency; or
    • Complete a STAR Termination form AND applicable Application for Services for each individual transitioning to a different program within the provider agency; or
    • Complete a STAR Termination form for each individual leaving services with the closing provider.
  • The closing CILA provider will cooperate with the ISC agency when securing information contained in the "CILA Closure Checklist"

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