DRAFT - ADA/Olmstead Outreach - Updated 11/2025

Illinois Department of Human Services

Division of Developmental Disabilities

Information Bulletin

DD.25.xxx

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. Annually, education about service options will be offered to all individuals residing in ICF/DDs and SODCs, so 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 private ICF/DD and/or SODC on an annual basis to meet with the residents. The ISC should confirm with the private ICF/DD and/or SODC prior to each visit to ensure they have accurate contact information for legal guardians, if applicable, of the facility's residents and share with them the ADA/Olmstead Outreach process.
  2. The ISC is permitted to present about community-based options to a group of residents. However, the ISC will need to meet individually with each resident to understand and document their interest in learning more about community-based options (Outreach Visit Form IL462-5525 or Outreach Visit Form Spanish IL462-5525S - revisions in progress to this form will be finalized prior to this bulletin being published as final).
  3. The ISC should be prepared to meet and explain individually options to those who do not want to meet in a group setting for education or need additional time to understand the outreach information.
  4. The ISC is required to have complete the Outreach Form for each individual who qualified for ADA/Olmstead Outreach annually.
  5. The ISC should arrange the onsite date(s) and time(s) with the facility to ensure individuals will be present. Any family members, legal guardians, or other identified supports can be present to provide support but are not required.
  6. If the individual expresses that they are not interested in learning more about the availability of home and community-based services, the ISC should document the response for that year and how it was expressed. If the response is in writing, the ISC should keep a copy for the file.
  7. If an individual has a legal guardian, the ISC will send a letter to the individual's legal guardian notifying them as a point of education that the ISC will be coming to educate about services options. The letter should include 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. If the individual is currently living in a SODC and interested in HCBS, the ISC will offer to contact the ISC Transition staff to add them to the transition list and notify the SODC transition staff and the Bureau of Transition Services (BTS). The ISC should provide alternate dates(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 onsite visit to the facility.
  8. 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.
  9. During or following the meeting, the ISC will complete the Outreach Visit Form IL462-5525 or Outreach Visit Form Spanish IL462-5525S.
  10. If the individual is currently living in an ICF/DD and interested in HCBS as a result of the outreach visit, the ISC will offer to register the individual on PUNS within 3 business days of the visit. The PUNs enrollment date should be the date of the ADA/Olmstead Outreach, where the individuals indicated their interest in joining PUNs. If the individual is currently living in a SODC and interested in HCBS as a result of the outreach visit, the ISC will offer to contact the ISC Transition Staff to add the individual to the transition list within 3 business days of the outreach visit and notify the SODC Transition Staff and the Bureau of Transition Services (BTS).
  11. In the event an individual living in an ICF/DD gets enrolled on PUNS as a result of the outreach visit, the ISC should follow the PUNS process for follow-up and the individual will be removed from future ADA/Olmstead outreach visits.
  12. If an individual, indicates the individual wants to move out of an SODC and is placed on the transition list, the individual will be removed from the ADA/Olmstead outreach list.
  13. 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.
  14. 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. The ISC should keep a copy for the file of the documented response.
  15. If there is a disagreement between the individual and guardian on how to proceed and the individual lives in a private ICF/DD, the following should occur:
    1. The individuals will be placed on the PUNs list and education will be offered to both the guardian and the individual. The ISC should meet with the individual and guardian at least once and perform conflict resolution to identify areas of disagreement and barriers from the guardian's perspective to transiting to the community.
    2. The ISC should meet with ICF/DD facility staff to get an understanding of the individual's desires.
    3. If the conflict cannot be resolved following these meetings with the ISC, the ISC should:
      1. Notify the QIDP at the ICF/DD to continue conflict resolution discussions with the individual and the guardian and share a copy of the documented response with the ICF/DD QIDP.
      2. Refer the person and guardian if applicable to the following:
        1. Equip for Equality is the Illinois protection and advocacy agency for persons with disabilities.
        2. Legal Advocacy Service (LAS) which was created so that eligible children and adults, who have a disability, could obtain legal advice and representation to protect and enforce their rights guaranteed by Illinois' mental health laws
    4. The ISC also should document the response and notify DDD (DHS.DDDGrantProgram@illinois.gov) of the disagreement, sharing a copy of the form, and keeping a copy of the file. While the individual is on the PUNs list, the ISC does not need to return for annual ADA/Olmstead Outreach.
  16. If there is a disagreement between the individual and guardian on how to proceed and the individual lives in a SODC, the following should occur:
    1. The ISC should document the response on the Outreach Visit Form and notify the SODC case management, BTS staff and ISC transition staff so they can take conflict resolution steps. While the individual is on the transition list, the ISC does not need to return for annual ADA/Olmstead Outreach.

Contact:

Please email comments on this DRAFT Information Bulletin to DHS.DDDComments@illinois.gov. Please include the title of the DRAFT IB in the subject line of the email.

Effective Date:

This Information Bulletin is effective 11/1/2025.

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