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  • 1. 2011ILLINOIS RULESREGISTER OF GOVERNMENTAL AGENCIES Volume 35, Issue 29 July 15, 2011 Pages 11032-12186 Index Department Administrative Code Division 111 E. Monroe St. Springfield, IL 62756 217-782-7017 www.cyberdriveillinois.com Printed on recycled paper Printed by authority of the State of Illinois. July 2011— 90PUBLISHED BY JESSE WHITE • SECRETARY OF STATE
  • 2. TABLE OF CONTENTS July 15, 2011 Volume 35, Issue 29PROPOSED RULES CENTRAL MANAGEMENT SERVICES, DEPARTMENT OF Pay Plan 80 Ill. Adm. Code 310.......................................................................11032 FINANCIAL AND PROFESSIONAL REGULATION, DEPARTMENT OF Cemetery Oversight Act 68 Ill. Adm. Code 1249.....................................................................11050 HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF Rights and Responsibilities 89 Ill. Adm. Code 102.......................................................................11094 Application Process 89 Ill. Adm. Code 110.......................................................................11101 Medical Assistance Programs 89 Ill. Adm. Code 120.......................................................................11108 Medical Payment 89 Ill. Adm. Code 140.......................................................................11126 Child Support Services 89 Ill. Adm. Code 160.......................................................................11153 HUMAN SERVICES, DEPARTMENT OF Program Description 89 Ill. Adm. Code 676.......................................................................11186 Service Planning and Provision 89 Ill. Adm. Code 684.......................................................................11195 PUBLIC HEALTH, DEPARTMENT OF Heartsaver AED Grant Code 77 Ill. Adm. Code 530.......................................................................11197 Psychiatry Incentive Program Code 77 Ill. Adm. Code 577.......................................................................11202ADOPTED RULES AGRICULTURE, DEPARTMENT OF Motor Fuel and Petroleum Standards Act 8 Ill. Adm. Code 850.........................................................................11241 CENTRAL MANAGEMENT SERVICES, DEPARTMENT OF Pay Plan 80 Ill. Adm. Code 310.......................................................................11245 ENVIRONMENTAL PROTECTION AGENCY Procedures to be Followed in the Performance of Inspections of Motor Vehicle Emissions 35 Ill. Adm. Code 276.......................................................................11268 FINANCIAL AND PROFESSIONAL REGULATION, DEPARTMENT OF Illinois Architecture Practice Act of 1989 i
  • 3. 68 Ill. Adm. Code 1150.....................................................................11358 Illinois Athlete Agents Act 68 Ill. Adm. Code 1155....................................................................11398 Land Sales Registration Act of 1999 68 Ill. Adm. Code 1260....................................................................11407 PUBLIC HEALTH, DEPARTMENT OF Skilled Nursing and Intermediate Care Facilities Code 77 Ill. Adm. Code 300......................................................................11419 Sheltered Care Facilities Code 77 Ill. Adm. Code 330......................................................................11513 Illinois Veterans Homes Code 77 Ill. Adm. Code 340......................................................................11596EMERGENCY RULES CENTRAL MANAGEMENT SERVICES, DEPARTMENT OF Pay Plan 80 Ill. Adm. Code 310......................................................................11657 HUMAN SERVICES, DEPARTMENT OF Program Description 89 Ill. Adm. Code 676......................................................................12105 Service Planning and Provision 89 Ill. Adm. Code 684......................................................................12113PEREMPTORY RULES CENTRAL MANAGEMENT SERVICES, DEPARTMENT OF Pay Plan 80 Ill. Adm. Code 310......................................................................12119PUBLIC HEARINGS ON PROPOSED AMENDMENT CHILDREN AND FAMILY SERVICES, DEPARTMENT OF Reports of Child Abuse and Neglect 89 Ill. Adm. Code 300......................................................................12149 Placement and Visitation Services 89 Ill. Adm. Code 301......................................................................12150 Services Delivered by the Department of Children and Family Services 89 Ill. Adm. Code 302......................................................................12151 Access to and Eligibility for Child Welfare Services 89 Ill. Adm. Code 304......................................................................12152 Adoption Services for Children for Whom the Department of Children and Family Services is Legally Reponsible 89 Ill. Adm. Code 309......................................................................12153 Permanency Planning 89 Ill. Adm. Code 315......................................................................12154 Administrative Case Review and Court Hearings 89 Ill. Adm. Code 316......................................................................12155 Licensing Standards for Foster Family Homes 89 Ill. Adm. Code 402......................................................................12156 Licensing Standards for Day Care Homes ii
  • 4. 89 Ill. Adm. Code 406......................................................................12157 Licensing Standards for Group Day Care Homes......................................................................................................12158 89 Ill. Adm. Code 408AGENCY RESPONSE TO JOINT COMMITTEE ON ADMINISTRATIVE RULESRECOMMENDATION ON PROPOSED RULEMAKING HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF Hospital Services 89 Ill. Adm. Code 148.....................................................................12159SECOND NOTICES RECEIVED JOINT COMMITTEE ON ADMINISTRATIVE RULES Second Notices Received........................................................................12160EXECUTIVE ORDERS AND PROCLAMATIONS PROCLAMATIONS Weed Out Hate Day 11-223..............................................................................................12163 Quebec National Day 11-224..............................................................................................12163 Olympic Day 11-225..............................................................................................12164 African/Caribbean International Festival of Life Days 11-226..............................................................................................12165 Better Boys Foundation Day 11-227..............................................................................................12166 Blood Drive Coordinator Month 11-228..............................................................................................12167 Helen Keller Deaf-Blind Awareness Week 11-229..............................................................................................12168 Road Rage Awareness Week 11-230..............................................................................................12169 Small Business Week 11-231..............................................................................................12170 Scoliosis Awareness Month 11-232..............................................................................................12171 Helping Citizens with Intellectual Disabilities Days 11-233..............................................................................................12172 Flag Honors − Private First Class Timothy John T.J. Hansley 11-234..............................................................................................12172 Blues Day 11-235..............................................................................................12173 Captive Nations Week 11-236..............................................................................................12174 Chamber of Commerce Week 11-237..............................................................................................12175 Community Health Center Week iii
  • 5. 11-238..............................................................................................12176CPA Day of Service 11-239..............................................................................................12177Elder Abuse Awareness and Prevention Month 11-240.............................................................................................12177National Baton Twirling Week 11-241.............................................................................................12178National Nurses in Staff Development Week 11-242.............................................................................................12179Occupational Health and Safety Month 11-243.............................................................................................12180Parents of Multiples Week 11-244.............................................................................................12181World Hepatitis Day 11-245.............................................................................................12182Breastfeeding Promotion Month 11-246.............................................................................................12184Dr. Alice Hamilton Day 11-247.............................................................................................12184 iv
  • 6. INTRODUCTIONThe Illinois Register is the official state document for publishing public notice of rulemaking activityinitiated by State governmental agencies. The table of contents is arranged categorically by rulemakingactivity and alphabetically by agency within each category.Rulemaking activity consists of proposed or adopted new rules; amendments to or repealers of existingrules; and rules promulgated by emergency or peremptory action. Executive Orders and Proclamationsissued by the Governor; notices of public information required by State Statute; and activities (meetingagendas; Statements of Objection or Recommendation, etc.) of the Joint Committee on AdministrativeRules (JCAR), a legislative oversight committee which monitors the rulemaking activities of StateAgencies; is also published in the Register.The Register is a weekly update of the Illinois Administrative Code (a compilation of the rules adoptedby State agencies). The most recent edition of the Code, along with the Register, comprise the mostcurrent accounting of State agencies’ rulemakings.The Illinois Register is the property of the State of Illinois, granted by the authority of the IllinoisAdministrative Procedure Act [5 ILCS 100/1-1, et seq.]. ILLINOIS REGISTER PUBLICATION SCHEDULE FOR 2011 Issue # Rules Due Date Date of Issue 1 December 20, 2010 January 3, 2011 2 December 27, 2010 January 7, 2011 3 January 3, 2011 January 14, 2011 4 January 10, 2011 January 21, 2011 5 January 18, 2011 January 28, 2011 6 January 24, 2011 February 4, 2011 7 January 31, 2011 February 14, 2011 8 February 7, 2011 February 18, 2011 9 February 15, 2011 February 25, 2011 10 February 22, 2011 March 4, 2011 11 February 28, 2011 March 11, 2011 12 March 7, 2011 March 18, 2011 13 March 14, 2011 March 25, 2011 14 March 21, 2011 April 1, 2011 15 March 28, 2011 April 8, 2011 16 April 4, 2011 April 15, 2011 17 April 11, 2011 April 22, 2011 18 April 18, 2011 April 29, 2011 19 April 25, 2011 May 6, 2011 20 May 2, 2011 May 13, 2011 21 May 9, 2011 May 20, 2011 22 May 16, 2011 May 27, 2011 23 May 23, 2011 June 3, 2011 v
  • 7. 24 May 31, 2011 June 10, 2011 25 June 6, 2011 June 17, 2011 26 June 13, 2011 June 24, 2011 27 June 20, 2011 July 1, 2011 28 June 27, 2011 July 8, 2011 29 July 5, 2011 July 15, 2011 30 July 11, 2011 July 22, 2011 31 July 18, 2011 July 29, 2011 32 July 25, 2011 August 5, 2011 33 August 1, 2011 August 12, 2011 34 August 8, 2011 August 19, 2011 35 August 15, 2011 August 26, 2011 36 August 22, 2011 September 2, 2011 37 August 29, 2011 September 9, 2011 38 September 6, 2011 September 16, 2011 39 September 12, 2011 September 23, 2011 40 September 19, 2011 September 30, 2011 41 September 26, 2011 October 7, 2011 42 October 3, 2011 October 14, 2011 43 October 11, 2011 October 21, 2011 44 October 17, 2011 October 28, 2011 45 October 24, 2011 November 4, 2011 46 October 31, 2011 November 14, 2011 47 November 7, 2011 November 18, 2011 48 November 14, 2011 November 28, 2011 49 November 21, 2011 December 2, 2011 50 November 28, 2011 December 9, 2011 51 December 5, 2011 December 16, 2011 52 December 12, 2011 December 27, 2011 53 December 19, 2011 December 30, 2011Editors Note: The Secretary of State Index Department is providing this opportunity to remindyou that the next filing period for your Regulatory Agenda will occur from May 2, to July 1,2011. vi
  • 8. ILLINOIS REGISTER 11032 11 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES NOTICE OF PROPOSED AMENDMENTS1) Heading of the Part: Pay Plan2) Code Citation: 80 Ill. Adm. Code 3103) Section Numbers: Emergency Action: 310.47 Amendment 310.50 Amendment 310.130 Amendment 310.410 Amendment 310.490 Amendment 310.500 Amendment 310.600 New Section 310.610 New Section 310.620 New Section 310.630 New Section 310.640 New Section 310.650 New Section 310.660 New Section 310.670 New Section 310.680 New Section 310.690 New Section 310.APPENDIX A TABLE A Amendment 310.APPENDIX A TABLE B Amendment 310.APPENDIX A TABLE C Amendment 310.APPENDIX A TABLE D Amendment 310.APPENDIX A TABLE E Amendment 310.APPENDIX A TABLE F Amendment 310.APPENDIX A TABLE G Amendment 310.APPENDIX A TABLE H Amendment 310.APPENDIX A TABLE I Amendment 310.APPENDIX A TABLE J Amendment 310.APPENDIX A TABLE K Amendment 310.APPENDIX A TABLE M Amendment 310.APPENDIX A TABLE N Amendment 310.APPENDIX A TABLE O Amendment 310.APPENDIX A TABLE P Amendment 310.APPENDIX A TABLE Q Amendment 310.APPENDIX A TABLE R Amendment 310.APPENDIX A TABLE S Amendment
  • 9. ILLINOIS REGISTER 11033 11 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES NOTICE OF PROPOSED AMENDMENTS 310.APPENDIX A TABLE T Amendment 310.APPENDIX A TABLE U Amendment 310.APPENDIX A TABLE V Amendment 310.APPENDIX A TABLE W Amendment 310.APPENDIX A TABLE X Amendment 310.APPENDIX A TABLE Y Amendment 310.APPENDIX A TABLE Z Amendment 310.APPENDIX A TABLE AA Amendment 310.APPENDIX A TABLE AB Amendment 310.APPENDIX A TABLE AC Amendment 310.APPENDIX A TABLE AD Amendment 310.APPENDIX A TABLE AE Amendment 310.APPENDIX B TABLE A New Section 310.APPENDIX B TABLE C New Section 310.APPENDIX B TABLE H New Section 310.APPENDIX B TABLE I New Section 310.APPENDIX B TABLE J New Section 310.APPENDIX B TABLE K New Section 310.APPENDIX B TABLE M New Section 310.APPENDIX B TABLE N New Section 310.APPENDIX B TABLE O New Section 310.APPENDIX B TABLE P New Section 310.APPENDIX B TABLE R New Section 310.APPENDIX B TABLE S New Section 310.APPENDIX B TABLE T New Section 310.APPENDIX B TABLE V New Section 310.APPENDIX B TABLE W New Section 310.APPENDIX B TABLE X New Section 310.APPENDIX B TABLE Y New Section 310.APPENDIX B TABLE Z New Section 310.APPENDIX B TABLE AB New Section 310.APPENDIX B TABLE AD New Section 310.APPENDIX B TABLE AE New Section 310.APPENDIX D Amendment 310.APPENDIX G Amendment4) Statutory Authority: Authorized by Sections 8, 8a and 9(7) of the Personnel Code [20 ILCS 415/8, 8a and 9(7)] and by Sections 4, 6, 15 and 21 of the Illinois Public Labor Relations Act [5 ILCS 315/4, 6, 15 and 21]
  • 10. ILLINOIS REGISTER 11034 11 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES NOTICE OF PROPOSED AMENDMENTS5) A Complete Description of the Subjects and Issues Involved: While the Joint Committee on Administrative Rules retained the below (question 11) proposed amendments on its no objection list at its June 14, 2011 meeting, the 97th General Assembly did not appropriate sufficient funds within its budget and budget implementation bills for employees represented by bargaining units in fourteen agencies, boards, commissions, and authorities to be paid throughout fiscal year 2012 (July 1, 2011 – June 30, 2012) at the salaries effective during fiscal year 2012 pursuant to the collective bargaining agreements between the State of Illinois and the bargaining units. Such collective bargaining agreements and their contents are subject to appropriation under the Illinois Public Labor Relations Act [5 ILCS 315/21]. The budget and budget implementation bills are: House Bill (HB) 116; HB 117; HB 123; HB 124; HB 132; HB 326; HB 327; HB 2107; HB 2109; HB 2165; HB 2167; HB 2168; HB 3639; HB 3697; HB 3700; HB 3717; Senate Bill (SB) 335; and SB 2405. Of these bills, HB 124, HB 2165, HB 2168, HB 3717 and SB 335 did not appropriate sufficient funds or transfer authority for the fourteen agencies in question. The bargaining units affected are: CU-500; HR-010; RC-006; RC-009; RC-010; RC- 014; RC-023; RC-028; RC-029; RC-042; RC-056; RC-062; RC-063; RC-090; RC-104; RC-110; RC-150; RC-184; and VR-704. The fourteen agencies, boards, commissions, and authorities are: the Departments of Corrections, Human Rights, Human Services, Juvenile Justice, Labor, Natural Resources, Public Health, and Revenue, the Criminal Justice Information Authority, the Deaf and Hard of Hearing Commission, the Guardianship and Advocacy Commission, the Human Rights Commission, the Historic Preservation Agency, and the Prisoner Review Board. No general increase, satisfactory performance increase or step increase, lane advancement, extended service or longevity advancement or supervisory enhancement is to be implemented for the employees in the affected bargaining units and agencies during fiscal year 2012, except for those employees represented by the American Federation of State, County and Municipal Employees (AFSCME) who by May 1, 2011 submitted for retirement prior to January 1, 2012. If a bargaining units collective bargaining agreement with the State contained a provision eliminating Step 1a or classification upgrade effective July 1, 2011, that provision is to be implemented. Educators represented by the HR-010 bargaining unit will receive the increase in pay for extracurricular activity effective August 16, 2011 provided for in the bargaining units collective bargaining agreement with the State.
  • 11. ILLINOIS REGISTER 11035 11 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES NOTICE OF PROPOSED AMENDMENTSThe bargaining units not affected regardless of agency, board, commission or authorityare HR-001, NR-916, RC-008, RC-019, RC-020, RC-033; RC-036; RC-045, and VR-706 and those representing the prevailing rate titles contained within Section 310.210.In the table of contents, the Subpart D is added along with its Sections 310.600, 310.610,310.620, 310.630, 310.640, 310.650, 310.660, 310.670, 310.680 and 310.690. The310.Appendix B is added along with its Tables A, C, H, I, J, K, M, N, O, P, R, S, T, V,W, X, Y, Z, AB, AD, and AE.In Section 310.47, the NR-916 in-hiring rates effective January 1, 2011 for the titles inthe Engineering Technician series are added. The use of an in-hiring rate is expanded tooccasions other than upon entrance to State employment. Remove in-hiring rates of Step1 when lower steps have been eliminated for the title by a bargaining unit agreement.The titles affected are Civil Engineer II, Clinical Psychology Associate, EnvironmentalEngineer II, Information Services Intern, Juvenile Justice Specialist, Juvenile JusticeSpecialist Intern and State Mine Inspector. In the Section 310.47(e), the approved in-hiring rates are organized into two second level subsections: those assigned to a paygrade or salary range; and those assigned to a pay grade or salary range and based on thepositions work location or the employees credentials or residency. This organizationeliminated the Note along with the other information in the prior format. In (e)(2), theeffective dates of the in-hiring rates are updated for the Civil Engineer Trainee with amasters degree and the Clinical Psychology Associate, Juvenile Justice Specialist andJuvenile Justice Specialist Intern. In (e)(2), the references to DuPage County arecorrected in the Products & Standards Inspector Trainee information. The engineeringtechnician titles in-hiring rate wording is corrected.In Section 310.50, the definition of Option is explained not only in relation to the PublicService Administrator and Senior Public Service Administrator classifications but also aspart of other classifications titles.In Section 310.130, the effective date of the Pay Plan is changed to Fiscal Year 2012.In Section 310.410, the titles Corrections Identification Supervisor (title code 09800),Corrections Maintenance Supervisor (title code 09822), Social Worker I (title code41411), Social Worker II (title code 41412), Social Worker III (title code 41413), andSocial Worker IV (title code 41414) receive new MS- salary range assignments giventhat positions in these titles represented by a bargaining unit receive an upgrade effectiveJuly 1, 2011 and in order to retain the comparison among titles for identifying personnel
  • 12. ILLINOIS REGISTER 11036 11 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES NOTICE OF PROPOSED AMENDMENTStransactions. The Gaming Licensing Analyst title (title code 17171) is added assigned tothe MS-10 salary range effective October 1, 2010.In Section 310.490, subsection (d)(2)(A), the references to MC- salary ranges areremoved.In Section 310.500, the definition of Option is explained not only in relation to the PublicService Administrator and Senior Public Service Administrator classifications, but also aspart of other classifications titles.Section 310.600 is added to initiate and limit the jurisdiction of the Subpart D to positionsand employees.Section 310.610 is added to delineate the pay schedules applicable to the positions andemployees subject to Subpart D.Section 310.620 is added to indicate the in-hiring rates applicable to the positions andemployees subject to Subpart D.Section 310.630 is added to specify definitions applicable to the positions and employeessubject to Subpart D.Section 310.640 is added to distinguish which pay increases are not applicable to thepositions and employees subject to Subpart D.Section 310.650 is added to clarify which other pay provisions are not applicable to thepositions and employees subject to Subpart D.Section 310.660 is added to verify the effective date of the Subpart D and Appendix B.Section 310.670 is added to explain the negotiated rate information.Section 310.680 is added to identify trainee rates applicable to the positions andemployees subject to Subpart D.Section 310.690 is added to make explicit information about the Educator title affectedby the frozen RC-063 and frozen HR-010 assignments.
  • 13. ILLINOIS REGISTER 11037 11 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES NOTICE OF PROPOSED AMENDMENTSIn Section 310.Appendix A Table A, the rate tables effective prior to Fiscal Year 2012are eliminated. Rate tables effective July 1, 2011, January 1, and June 30, 2012 areadded. The rate tables include a 4% increase effective July 1, 2011 and a 1.25% increaseeffective January 1, 2012. The salary rates are increased by an additional 1% as asupervisory enhancement effective July 1, 2011, an additional 0.5% as a supervisoryenhancement effective January 1, 2012 and an additional 0.5% as a supervisoryenhancement effective June 30, 2012. The changes reflect the Agreement between theDepartments of Central Management Services (CMS) and Natural Resources and theLaborers; International Union of North America – Illinois State Employees Association(ISEA), Local 2002; Southern and Central Illinois Laborers District Council signedJanuary 30, 2009.In Section 310.Appendix A Table B, the rate tables effective prior to Fiscal Year 2012are eliminated. Rate tables effective July 1, 2011 and January 1, 2012 are added. Therate tables include a 4% increase effective July 1, 2011 and a 1.25% increase effectiveJanuary 1, 2012. The changes reflect the Agreement between the Departments of CMSand Agriculture and the Laborers; International Union of North America – ISEA, Local2002; Southern and Central Illinois Laborers District Council signed January 30, 2009.In Section 310.Appendix A Table C, the rate tables effective prior to Fiscal Year 2012are eliminated. Rate tables effective July 1, 2011 and January 1, 2012 are added. Therate tables include a 4% increase effective July 1, 2011 and a 1.25% increase effectiveJanuary 1, 2012. The changes reflect the Memorandum of Understanding (MOU)between the Illinois Department of CMS and the Illinois Federation of Public Employees(IFPE) Local 4408 IFT/AFT AFL-CIO RC-029, RC-033 and RC-056 signed May 19,2010. The Note is retained reflecting the MOU Pension Reform for the IFPE signedDecember 22, 2010. Effective July 1, 2011, the Step 8 rate is increased by $50/month foremployees who have been on Step 8 for 1 year effective July 1, 2010 or are not eligiblefor the longevity increase as stated and have attained 10 years of continuous service andhave 3 or more years creditable service at Step 8. The change reflects the Agreementbetween CMS and the IFPE, Local 4408, signed June 23, 2009.In Section 310.Appendix A Table D, the full scale table effective prior to Fiscal Year2012 are eliminated. The full scale rates (except the Highway Maintainer Snowbirds)increase by 4% effective July 1, 2011 and 1.5% effective January 1, 2012. Effective July1, 2011 the clothing allowance will increase for Lead Workers, Lead Lead Workers,Heavy Construction Equipment Operator, Highway Maintainers, and MaintenanceWorkers (Illinois Department of Transportation) employees to $200. The changes reflectthe Agreement between the Departments of CMS, Transportation, Human Services and
  • 14. ILLINOIS REGISTER 11038 11 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES NOTICE OF PROPOSED AMENDMENTSEmployment Security, and the State and Municipal Teamsters, Chauffeurs and HelpersUnion, Local 726 (Cook County) (HR-001) signed January 6, 2009 and the MOU of therates signed February 19, 2009. The added new hire rate tables are for the HighwayMaintainer title with rates effective July 1, 2011, on employees "new hire" anniversaryJuly-December 2011, January 1, 2012 and on employees "new hire" anniversaryJanuary-June 2012. The new hire rates reflect the Memorandum of Agreement (MOA)between the State of Illinois and the Cook County Teamsters/Local 726 signed November24, 2009.In Section 310.Appendix A Table E, the full scale table effective prior to Fiscal Year2012 are eliminated. The full scale rates (except the Highway Maintainer Snowbirds)increase by 4% effective July 1, 2011 and 1.5% effective January 1, 2012. Effective July1, 2011, the clothing allowance will increase for Highway Maintainers, HighwayMaintenance Lead Workers, Highway Maintenance Lead Lead Workers, Silk ScreenOperators, and Bridge Mechanics employees to $200. Effective July 1, 2011, theclothing allowance will increase to $100 for all other titles. The changes reflect theAgreement between the Departments of Corrections, Human Services, State Police,Veterans Affairs and Transportation, and Local 330, General Chauffeurs, Sales Driversand Helpers (Fox Valley) (RC-020) signed February 23, 2009 and the rate MOU (FoxValley) (RC-020) signed March 17, 2009. The added new hire rate tables are for theHighway Maintainer title with rates effective July 1, 2011, on employees "new hire"anniversary July-December 2011, January 1, 2012 and on employees "new hire"anniversary January-June 2012. The changes reflect the MOA between the State ofIllinois and the Fox Valley Teamsters/Local 330 signed November 11, 2009.In Section 310.Appendix A Table F, the full scale table effective prior to Fiscal Year2012 are eliminated. The full scale rates (except the Highway Maintainer Snowbirds)increase by $225 month effective July 1, 2011 and by $88 month effective January 1,2012. Effective July 1, 2011, the clothing allowance will increase for HighwayMaintainers, Highway Maintenance Lead Workers, Highway Maintenance Lead LeadWorkers, Deck Hands and Power Shovel Operator Maintenance employees to $200.Effective July 1, 2011, the clothing allowance will increase to $100 for all other titles.The changes reflect the Agreement between the Departments of CMS, Corrections,Human Services, State Police, Veterans Affairs, Natural Resources and Transportation,and the Illinois Conference of Teamsters (Downstate) (RC-019) was signed January 6,2009 and the MOU of the rates was signed February 19, 2009. The added new hire ratetables are for the Highway Maintainer title with rates effective July 1, 2011, onemployees "new hire" anniversary July-December 2011, January 1, 2012 and onemployees "new hire" anniversary January-June 2012. The changes reflect the MOA
  • 15. ILLINOIS REGISTER 11039 11 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES NOTICE OF PROPOSED AMENDMENTSbetween the State of Illinois and the Downstate Joint Council of Teamsters signedNovember 10, 2009.In Section 310.Appendix A Table G, the rate tables effective prior to Fiscal Year 2012are eliminated. The rate tables include a 4% increase effective July 1, 2011 and a 1.50%increase effective January 1, 2012. Effective July 1, 2011, employees who have morethan 10 years of continuous service receive a longevity payment of $50/month andemployees who have more than 15 years of continuous service receive a longevitypayment of $75/month. The changes reflect three documents: the Agreement by andbetween the IFPE Local 4408, AFT/AFL-CIO and the Department of CMS State ofIllinois for RC-045 signed June 11, 2009; the MOU between CMS and the IFPE signedDecember 22, 2009 correcting the RC-045 bargaining unit salary rates; and theResolution Prior to Arbitration signed August 19, 2010. The Note is retained reflectingthe MOU Pension Reform for the IFPE signed December 22, 2010.In Section 310.Appendix A Table H, the Step 1a is eliminated effective July 1, 2011.The change reflects the contract between CMS and AFSCME that was signed October23, 2008. The rate tables effective prior to Fiscal Year 2012 are eliminated. Rate tableseffective July 1, 2011, January 1 and February 1, 2012 are added. The rate tables includea 4% increase effective July 1, 2011 for employees who by May 1, 2011 submit forretirement prior to January 1, 2012 and a 2% increase effective July 1, 2011 foremployees who are not retiring by January 1, 2012, a 1.25% increase effective January 1,2012 and a 2% increase effective February 1, 2012. They reflect the master contractbetween CMS and AFSCME signed October 23, 2008, the Mediated ResolutionMemorandum (MRM) between the State of Illinois and AFSCME Council 31 signedJanuary 26, 2010 and the Cost Savings Agreement between the State of Illinois andAFSCME Council 31 signed November 3, 2010.In Section 310.Appendix A Table I, the Step 1a is eliminated effective July 1, 2011. Therate tables effective prior to Fiscal Year 2012 are eliminated. Rate tables effective July 1,2011, January 1 and February 1, 2012 are added. The rate tables include a 4% increaseeffective July 1, 2011 for employees who by May 1, 2011 submit for retirement prior toJanuary 1, 2012 and a 2% increase effective July 1, 2011 for employees who are notretiring by January 1, 2012, a 1.25% increase effective January 1, 2012 and a 2% increaseeffective February 1, 2012. The changes reflect the agreements referred to in310.Appendix A Table H.In Section 310.Appendix A Table J, the Step 1a is eliminated effective July 1, 2011. Therate tables effective prior to Fiscal Year 2012 are eliminated. Rate tables effective July 1,
  • 16. ILLINOIS REGISTER 11040 11 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES NOTICE OF PROPOSED AMENDMENTS2011, January 1 and February 1, 2012 are added. The rate tables include a 4% increaseeffective July 1, 2011 for employees who by May 1, 2011 submit for retirement prior toJanuary 1, 2012 and a 2% increase effective July 1, 2011 for employees who are notretiring by January 1, 2012, a 1.25% increase effective January 1, 2012 and a 2% increaseeffective February 1, 2012. The changes reflect the agreements referred to in310.Appendix A Table H.In Section 310.Appendix A Table K, the rate tables effective prior to Fiscal Year 2012are eliminated. Rate tables effective July 1, 2011 and January 1, 2012 are added. Therate tables include a 4% increase effective July 1, 2011 and a 1.25% increase effectiveJanuary 1, 2012. The changes reflect the RC-023 Titles and Salary Ranges Revised toReflect Wage Deferral per MOA and Correction to MOU for Registered Nurse-AdvancedPractice signed October 15, 2010, the MOA RC-023 deferring wages signed June 18,2010 and the MOU for Registered Nurse-Advanced Practice signed August 13, 2010. Allnurses who are in the Departments of Corrections and Veterans Affairs, in certifiedstatus, and mandated by the Employer to wear uniforms or scrubs, receive an annualreimbursement benefit of a maximum of $450 effective July 1, 2011. The change reflectsthe Agreement between the Department of CMS and the Illinois Nurses Association(INA) signed February 17, 2009. The Note is retained reflecting the MOU for RC-023Pension Reform signed December 9, 2010.In Section 310.Appendix A Table M, the rate tables effective prior to Fiscal Year 2012are eliminated. Rate tables effective July 1, 2011 and January 1, 2012 are added. Therate tables include a 4% increase effective July 1, 2011 and a 1.25% increase effectiveJanuary 1, 2012. The changes reflect the Agreement between CMS and Department ofNatural Resources and the Conservation Police Lodge signed June 18, 2009.In Section 310.Appendix A Table N, the Step 1a is eliminated effective July 1, 2011.The rate tables effective prior to Fiscal Year 2012 are eliminated. Rate tables effectiveJuly 1, 2011, January 1 and February 1, 2012 are added. The rate tables include a 4%increase effective July 1, 2011 for employees who by May 1, 2011 submit for retirementprior to January 1, 2012 and a 2% increase effective July 1, 2011 for employees who arenot retiring by January 1, 2012, a 1.25% increase effective January 1, 2012 and a 2%increase effective February 1, 2012. The changes reflect the agreements referred to in310.Appendix A Table H.In Section 310.Appendix A Table O, the Step 1a is eliminated effective July 1, 2011.The rate tables effective prior to Fiscal Year 2012 are eliminated. Rate tables effectiveJuly 1, 2011, January 1 and February 1, 2012 are added. The rate tables include a 4%
  • 17. ILLINOIS REGISTER 11041 11 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES NOTICE OF PROPOSED AMENDMENTSincrease effective July 1, 2011 for employees who by May 1, 2011 submit for retirementprior to January 1, 2012 and a 2% increase effective July 1, 2011 for employees who arenot retiring by January 1, 2012, a 1.25% increase effective January 1, 2012 and a 2%increase effective February 1, 2012. The changes reflect the agreements referred to in310.Appendix A Table H.In Section 310.Appendix A Table P, the rate tables effective prior to Fiscal Year 2012 areeliminated. Rate tables effective July 1, 2011 and January 1, 2012 are added. The ratetables include a 4% increase effective July 1, 2011 and a 1.25% increase effectiveJanuary 1, 2012. The changes reflect the MOU between the Illinois Department of CMSand IFPE Local 4408 IFT/AFT AFL-CIO RC-029, RC-033 and RC-056 signed May 19,2010. Effective July 1, 2011, employees in Arson Investigator I and II, CommerceCommission Police Officer I and II, Police Officer I, II, and III titles receive a salaryincrease of $50 month upon reaching 10 years, 13 years, and 15 years service in the sameclassification series and receive a salary increase of $100 month upon reaching 17 yearsservice in the same classification series. The change reflects the Agreement betweenCMS and the IFPE, Local 4408, (bargaining unit RC-029) signed June 23, 2009. TheNote is retained reflecting the MOU Pension Reform for the IFPE signed December 22,2010.In Section 310.Appendix A Table Q, the rate tables effective prior to Fiscal Year 2012are eliminated. Rate tables effective July 1, 2011 and January 1, 2012 are added. Therate tables include a 4% increase effective July 1, 2011 and a 1.25% increase effectiveJanuary 1, 2012. The changes reflect the MOU between the Illinois Department of CMSand IFPE Local 4408 IFT/AFT AFL-CIO RC-029, RC-033 and RC-056 signed May 19,2010. Employees whose official work county is Cook County and are on Step 1 through7 as of July 1, 2011, receive a one-time step increase to be effective July 1, 2011. Thechange reflects the MOU between CMS and the IFPE, Local 4408, AFT/AFL-CIO on therates of pay for the RC-033 bargaining unit titles signed June 15, 2009 and theAgreement between CMS and the IFPE, Local 4408, AFT/AFL-CIO signed May 27,2009. The Note is retained reflecting the MOU Pension Reform for the IFPE signedDecember 22, 2010.In Section 310.Appendix A Table R, the Step 1a is eliminated effective July 1, 2011. Therate tables effective prior to Fiscal Year 2012 are eliminated. Rate tables effective July 1,2011, January 1 and February 1, 2012 are added. The rate tables include a 4% increaseeffective July 1, 2011 for employees who by May 1, 2011 submit for retirement prior toJanuary 1, 2012 and a 2% increase effective July 1, 2011 for employees who are notretiring by January 1, 2012, a 1.25% increase effective January 1, 2012 and a 2% increase
  • 18. ILLINOIS REGISTER 11042 11 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES NOTICE OF PROPOSED AMENDMENTSeffective February 1, 2012. The changes reflect the agreements referred to in310.Appendix A Table H.In Section 310.Appendix A Table S, the Step 1a is eliminated effective July 1, 2011. Therate tables effective prior to Fiscal Year 2012 are eliminated. Rate tables effective July 1,2011 and January 1, 2012 are added. The rate tables include a 4% increase effective July1, 2011 and a 1.25% increase effective January 1, 2012. The changes reflect the MOUbetween the State of Illinois CMS and Laborers International Union of North America –ISEA, Local 2002; Southern and Central Illinois Laborers District Council VR-704signed August 26, 2010 and the Agreement between CMS and the Laborers InternationalUnion of North America – ISEA, Local 2002 and the Southern and Central IllinoisLaborers District Council signed June 5, 2009.In Section 310.Appendix A Table T, rate tables effective prior to Fiscal Year 2012 areeliminated. Rate tables effective August 16, 2011 and January 1, 2012 are added. Therate tables include a 4% increase effective August 16, 2011 and a 1.25% increaseeffective January 1, 2012. The changes reflect the Agreement between CMS and theDepartment of Human Services, and the Illinois Federation of Teachers, AFL-CIO, Local919 signed June 15, 2009.In Section 310.Appendix A Table U, compensation rates received by the employeeassigned extracurricular activities effective prior to Fiscal Year 2012 are eliminated. Thecompensation rates received by the employee assigned extracurricular activities areincreased by 4% effective August 16, 2011. The changes reflect the agreement referredto in Section 310.Appendix A Table T.In Section 310.Appendix A Table V, the Corrections Identification Supervisor title (titlecode 09800) is upgraded two pay grades from CU-500-17 to CU-500-19 effective July 1,2011. Effective July 1, 2011, the Corrections Maintenance Supervisor title (title code09822) receives an upgrade of one pay grade from CU-500-16 to CU-500-17. The Step1a is eliminated effective July 1, 2011. All employees on Step 1a shall be placed on Step1 without change in creditable service date. These changes are reflected in theAgreement for CU-500 between the State of Illinois, Departments of CMS, Correctionsand Juvenile Justice and AFSCME, AFL-CIO July 1, 2008 to June 30, 2012. The ratetables effective prior to Fiscal Year 2012 are eliminated. Rate tables effective July 1,2011, January 1, and February 1, 2012 are added. The rate tables include a 4% increaseeffective July 1, 2011 for employees who by May 1, 2011 submit for retirement prior toJanuary 1, 2012 and a 2% increase effective July 1, 2011 for employees who are notretiring by January 1, 2012, a 1.25% increase effective January 1, 2012 and a 2% increase
  • 19. ILLINOIS REGISTER 11043 11 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES NOTICE OF PROPOSED AMENDMENTSeffective February 1, 2012. These changes reflect the MRM and Cost SavingsAgreement referred to in 310.Appendix A Table H, the MOU between CMS andAFSCME correcting the 2008-2012 CU-500 – Schedule A signed February 5, 2010 andthe Amended MRM for CU-500 signed April 8, 2010.In Section 310.Appendix A Table W, the Social Worker I title (title code 41411) receivesan upgrade of one pay grade from RC-062-16 to RC-062-17 effective July 1, 2011. TheStep 1a is eliminated effective July 1, 2011. The rate tables effective prior to Fiscal Year2012 are eliminated. Rate tables effective July 1, 2011, January 1 and February 1, 2012are added. The rate tables include a 4% increase effective July 1, 2011 for employeeswho by May 1, 2011 submit for retirement prior to January 1, 2012 and a 2% increaseeffective July 1, 2011 for employees who are not retiring by January 1, 2012, a 1.25%increase effective January 1, 2012 and a 2% increase effective February 1, 2012. Thechanges reflect the agreements referred to in 310.Appendix A Table H.In Section 310.Appendix A Table X, the Social Worker II title (title code 41412) receivesan upgrade of one pay grade from RC-063-18 to RC-063-19, the Social Worker III title(title code 41413) receives an upgrade of one pay grade from RC-063-19 to RC-063-20and the Social Worker IV title (title code 41414) receives an upgrade of one pay gradefrom RC-063-21 to RC-063-22 effective July 1, 2011. The Step 1a is eliminatedeffective July 1, 2011. The rate tables effective prior to Fiscal Year 2012 are eliminated.Rate tables effective July 1, 2011, January 1 and February 1, 2012 are added. The ratetables include a 4% increase effective July 1, 2011 for employees who by May 1, 2011submit for retirement prior to January 1, 2012 and a 2% increase effective July 1, 2011for employees who are not retiring by January 1, 2012, a 1.25% increase effectiveJanuary 1, 2012 and a 2% increase effective February 1, 2012. The changes reflect theagreements referred to in 310.Appendix A Table H.In Section 310.Appendix A Table Y, the Step 1a is eliminated from 12-month rateseffective July 1, 2011. The rate tables effective prior to Fiscal Year 2012 are eliminated.Rate tables effective July 1, 2011, January 1 and February 1, 2012 are added. The ratetables include a 4% increase effective July 1, 2011 for employees who by May 1, 2011submit for retirement prior to January 1, 2012 and a 2% increase effective July 1, 2011for employees who are not retiring by January 1, 2012, a 1.25% increase effectiveJanuary 1, 2012 and a 2% increase effective February 1, 2012. The changes reflect theagreements referred to in 310.Appendix A Table H.In Section 310.Appendix A Table Z, the Step 1a is eliminated effective July 1, 2011. Therate tables effective prior to Fiscal Year 2012 are eliminated. Rate tables effective July 1,
  • 20. ILLINOIS REGISTER 11044 11 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES NOTICE OF PROPOSED AMENDMENTS2011, January 1 and February 1, 2012 are added. The rate tables include a 4% increaseeffective July 1, 2011 for employees who by May 1, 2011 submit for retirement prior toJanuary 1, 2012 and a 2% increase effective July 1, 2011 for employees who are notretiring by January 1, 2012, a 1.25% increase effective January 1, 2012 and a 2% increaseeffective February 1, 2012. The changes reflect the agreements referred to in310.Appendix A Table H.In Section 310.Appendix A Table AA, the minimum and maximum rates not in effectduring fiscal year 2011 are removed. The rates effective January 1, 2011 are added forranges assigned to the titles represented by the NR-916 bargaining unit. The titles areplaced in alphabetic order in the table with minimum and maximum rates effectiveJanuary 1, 2010. The change to minimum and maximum rates allows for, effectiveJanuary 1, 2011, the 2% general increase and 3% increase if the employee has been in thetitle for 5 years or more and is below the mid-range of pay for the title and, effective July1, 2011, the 4% general increase. The increases are provisions in the Agreement by andbetween the Teamsters Local #916 and the Illinois Departments of Central ManagementServices, Transportation and Natural Resources July 1, 2008 to June 30, 2012 signedJanuary 6, 2009.In Section 310.Appendix A Table AB, the Step 1a is eliminated effective July 1, 2011.The rate tables effective prior to Fiscal Year 2012 are eliminated. Rate tables effectiveJuly 1, 2011, January 1 and February 1, 2012 are added. The rate tables include a 4.00%increase effective July 1, 2011 for employees who by May 1, 2011 submit for retirementprior to January 1, 2012 and a 2% increase effective July 1, 2011 for employees who arenot retiring by January 1, 2012, a 1.25% increase effective January 1, 2012 and a 2%increase effective February 1, 2012. The changes reflect the agreements referred to in310.Appendix A Table H and two Memoranda of Understanding for the Public ServiceAdministrator title Option 6 signed January 8, 2009 agreeing to RC-063 bargaining unitterms and June 15, 2009 assigning a pay grade.In Section 310.Appendix A Table AC, the rate tables effective prior to Fiscal Year 2012are eliminated. Rate tables effective July 1, 2011 and January 1, 2012 are added. Therate tables include a 4% increase effective July 1, 2011 and a 1.25% increase effectiveJanuary 1, 2012. The changes reflect the MOA between the INA and CMS signed March4, 2010 correcting the RC-036 pay schedules on page 13 of the Agreement between theINA and the Departments of CMS and Healthcare and Family Services for RC-036Public Service Administrator, Option 8L, October 30, 2009 – June 30, 2012 signedFebruary 23, 2010.
  • 21. ILLINOIS REGISTER 11045 11 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES NOTICE OF PROPOSED AMENDMENTSIn Section 310.Appendix A Table AD, the rate tables effective prior to Fiscal Year 2012are eliminated. Rate tables effective July 1, 2011 and January 1, 2012 are added. Therate tables include a 4% increase effective July 1, 2011 and a 1.25% increase effectiveJanuary 1, 2012. The changes reflect: Agreement between CMS and Service EmployeesInternational Union (SEIU), Local 73, RC-184 signed July 27, 2009; MOU for the July 1,2008 through June 30, 2012 RC-184 Agreement Article 9 Section 1 and Appendix Asigned June 9, 2010; MOA between CMS and SEIU, Local 73, RC-184 signed May 13,2010; and Appendix A RC-184 Rates of Pay July 1, 2010 through June 30, 2012 Revisedto Reflect MOA signed June 9, 2010.In Section 310.Appendix A Table AE, the rate tables effective prior to Fiscal Year 2012are eliminated. Rate tables effective July 1, 2011 and January 1, 2012 are added. Therate tables include a 4% increase effective July 1, 2011 and a 1.25% increase effectiveJanuary 1, 2012. The changes reflect the Collective Bargaining Agreement between theMetropolitan Alliance of Police Chapter #294 and the State of Illinois Departments ofCMS and Corrections effective July 23, 2008 – June 30, 2012 signed July 31, 2010.Section 310.Appendix B Table A is added to provide frozen rates for employeesidentified in 310.600 and represented by RC-104 (Conservation Police Supervisors,Laborers – ISEA Local #2002).Section 310.Appendix B Table C is added to provide frozen rates for employeesidentified in 310.600 and represented by RC-056 (Site Superintendents and VeteransAffairs, Natural Resources, Human Services, Historic Preservation Agency andAgriculture Managers, IFPE).Section 310.Appendix B Table H is added to provide frozen rates for employeesidentified in 310.600 and represented by RC-006 (Corrections Employees, AFSCME).Section 310.Appendix B Table I is added to provide frozen rates for employees identifiedin 310.600 and represented by RC-009 (Institutional Employees, AFSCME).Section 310.Appendix B Table J is added to provide frozen rates for employees identifiedin 310.600 and represented by RC-014 (Clerical Employees, AFSCME).Section 310.Appendix B Table K is added to provide frozen rates for employeesidentified in 310.600 and represented by RC-023 (Registered Nurses, INA).
  • 22. ILLINOIS REGISTER 11046 11 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES NOTICE OF PROPOSED AMENDMENTSSection 310.Appendix B Table M is added to provide frozen rates for employeesidentified in 310.600 and represented by RC-110 (Conservation Police Lodge).Section 310.Appendix B Table N is added to provide frozen rates for employeesidentified in 310.600 and represented by RC-010 (Professional Legal Unit, AFSCME).Section 310.Appendix B Table O is added to provide frozen rates for employeesidentified in 310.600 and represented by RC-028 (Paraprofessional Human ServicesEmployees, AFSCME).Section 310.Appendix B Table P is added to provide frozen rates for employeesidentified in 310.600 and represented by RC-029 (Paraprofessional Investigatory andLaw Enforcement Employees, IFPE).Section 310.Appendix B Table R is added to provide frozen rates for employeesidentified in 310.600 and represented by RC-042 (Residual Maintenance Workers,AFSCME).Section 310.Appendix B Table S is added to provide frozen rates for employeesidentified in 310.600 and represented by VR-704 (Corrections, Financial and ProfessionalRegulation, Juvenile Justice and State Police Supervisors, Laborers – ISEA Local#2002).Section 310.Appendix B Table T is added to provide frozen rates for employeesidentified in 310.600 and represented by HR-010 (Teachers of Deaf, IFT).Section 310.Appendix B Table V is added to provide frozen rates for employeesidentified in 310.600 and represented by CU-500 (Corrections Meet and ConferEmployees).Section 310.Appendix B Table W is added to provide frozen rates for employeesidentified in 310.600 and represented by RC-062 (Technical Employees, AFSCME).Section 310.Appendix B Table X is added to provide frozen rates for employeesidentified in 310.600 and represented by RC-063 (Professional Employees, AFSCME).Section 310.Appendix B Table Y is added to provide frozen rates for employeesidentified in 310.600 and represented by RC-063 (Educators, AFSCME).
  • 23. ILLINOIS REGISTER 11047 11 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES NOTICE OF PROPOSED AMENDMENTS Section 310.Appendix B Table Z is added to provide frozen rates for employees identified in 310.600 and represented by RC-063 (Physicians, AFSCME). Section 310.Appendix B Table AB is added to provide frozen rates for employees identified in 310.600 and represented by RC-150 (Public Service Administrators Option 6, AFSCME). Section 310.Appendix B Table AD is added to provide frozen rates for employees identified in 310.600 and represented by RC-184 (Public Service Administrators Option 8X Department of Natural Resources, SEIU Local 73). Section 310.Appendix B Table AE is added to provide frozen rates for employees identified in 310.600 and represented by RC-090 (Internal Security Investigators, Metropolitan Alliance of Police Chapter 294). In Section 310.Appendix D, the MS- salary ranges no longer in effect are removed and the July 1, 2011 effective date is added for the most recently effective salary ranges. In Section 310.Appendix G, the title codes are added to the table.6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: None7) Will this rulemaking replace any emergency rulemaking currently in effect? Yes8) Does this rulemaking contain an automatic repeal date? No9) Does this rulemaking contain incorporations by reference? No10) Are there any other proposed amendments pending on this Part? Yes Section Numbers Proposed Action Ill. Reg. Citation 310.47 Amendment 35 Ill. Reg. 2841, February 18, 2011 310.Appendix A Table AA Amendment 35 Ill. Reg. 2841, February 18, 2011 310.47 Amendment 35 Ill. Reg. 5705, April 8, 2011 310.50 Amendment 35 Ill. Reg. 5705, April 8, 2011 310.130 Amendment 35 Ill. Reg. 5705, April 8, 2011 310.410 Amendment 35 Ill. Reg. 5705, April 8, 2011 310.490 Amendment 35 Ill. Reg. 5705, April 8, 2011
  • 24. ILLINOIS REGISTER 11048 11 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES NOTICE OF PROPOSED AMENDMENTS 310.500 Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE A Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE B Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE C Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE D Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE E Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE F Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE G Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE H Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE I Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE J Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE K Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE M Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE N Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE O Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE P Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE Q Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE R Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE S Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE T Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE U Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE V Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE W Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE X Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE Y Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE Z Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE AB Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE AC Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE AD Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX A TABLE AE Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX D Amendment 35 Ill. Reg. 5705, April 8, 2011 310.APPENDIX G Amendment 35 Ill. Reg. 5705, April 8, 201111) Statement of Statewide Policy Objective: These proposed amendments to the Pay Plan affect only the employees subject to the Personnel Code and do not set out any guidelines that affect local or other jurisdictions in the State.12) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking:
  • 25. ILLINOIS REGISTER 11049 11 DEPARTMENT OF CENTRAL MANAGEMENT SERVICES NOTICE OF PROPOSED AMENDMENTS Mr. Jason Doggett Manager Compensation Section Division of Technical Services and Agency Training and Development Bureau of Personnel Department of Central Management Services 504 William G. Stratton Building Springfield IL 62706 Phone: 217/782-7964 Fax: 217/524-4570 CMS.PayPlan@Illinois.gov13) Initial Regulatory Flexibility Analysis: A) Types of small businesses, small municipalities and not for profit corporations affected: None B) Reporting, bookkeeping or other procedures required for compliance: None C) Types of professional skills necessary for compliance: None14) Regulatory Agenda on which this rulemaking was summarized: Generally Fiscal Year 2012 changes and emergency amendments based on bargaining unit agreements, January 2011.The text of the Proposed Amendments is identical to the text of the Emergency Amendments onpage 11657 of this issue of the Illinois Register.
  • 26. ILLINOIS REGISTER 11050 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES1) Heading of the Part: Cemetery Oversight Act2) Code Citation: 68 Ill. Adm. Code 12493) Section Numbers: Proposed Action: 1249.10 New Section 1249.20 New Section 1249.30 New Section 1249.40 New Section 1249.50 New Section 1249.60 New Section 1249.70 New Section 1249.100 New Section 1249.110 New Section 1249.120 New Section 1249.130 New Section 1249.140 New Section 1249.150 New Section 1249.160 New Section 1249.170 New Section 1249.180 New Section 1249.200 New Section 1249.210 New Section 1249.220 New Section 1249.230 New Section 1249.300 New Section 1249.310 New Section 1249.320 New Section 1249.330 New Section 1249.400 New Section 1249.410 New Section 1249.420 New Section 1249.430 New Section 1249.440 New Section 1249.450 New Section 1249.460 New Section 1249.470 New Section
  • 27. ILLINOIS REGISTER 11051 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES4) Statutory Authority: Implementing the Cemetery Oversight Act [225 ILCS 411/5-25(5)] and authorized by Section 2105-15 of the Civil Administration Code of Illinois [20 ILCS 2105/2105-15]5) A Complete Description of the Subjects and Issues Involved: The Cemetery Oversight Act, PA 96-863, brought regulation of cemeteries under the authority of the Illinois Department of Financial and Professional Regulation. The Act created tiers for the licensure and registration of cemeteries and license requirements for certain employees working at fully licensed cemeteries. This new Part 1249 shall encompass all aspects of cemetery regulation in Illinois. Significantly, this proposed rulemaking sets forth licensing procedures and standards for cemeteries, cemetery managers and customer service employees. It also will provide mediation and disciplinary procedures for partially exempt cemeteries. These proposed rules establish care and maintenance standards for cemetery grounds and recordkeeping requirements for entombments, inurnments and interments. They also create continuing education requirements and a Code of Professional Conduct and Ethics for persons licensed under the Act. Further, these proposed rules establish the fees and administrative procedures required for the enforcement of the Act.6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: None7) Will this rulemaking replace any emergency rulemaking currently in effect? No8) Does this rulemaking contain an automatic repeal date? No9) Does this rulemaking contain incorporations by reference? No10) Are there any other proposed rulemakings pending on this Part? No11) Statement of Statewide Policy Objectives (if applicable): The provisions related to partially exempt cemeteries would affect municipal cemeteries.12) Time, Place and Manner in which interested persons may comment on this proposed rulemaking: Interested persons may submit written comments to: Department of Financial and Professional Regulation Attention: Craig Cellini 320 West Washington, 3rd Floor
  • 28. ILLINOIS REGISTER 11052 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES Springfield, IL 62786 217/785-0813 FAX: 217/557-4451 All written comments received within 45 days after this issue of the Illinois Register will be considered.13) Initial Regulatory Flexibility Analysis: A) Types of small businesses, small municipalities and not for profit corporations affected: Cemetery owners, municipal cemeteries, cemetery associations and their employees. Every effort has been made within these rules to try to reduce the costs of compliance for the small association type cemeteries. B) Reporting, bookkeeping or other procedures required for compliance: Cemeteries licensed under the Act must file an annual report, details of which are contained in these rules. Copies of records of trust funds must be maintained in Illinois. Further, licensed cemeteries must provide a Worker’s Statement to the Department for all of its employees and/or keep a copy of the Department’s letter acknowledging the Statement. Licensed cemetery managers and customer service employees are required to maintain documents related to their licensure, such as continuing education certificates. C) Types of professional skills necessary for compliance: Licensure or partial exemption under the Cemetery Oversight Act14) Regulatory Agenda on which this rulemaking was summarized: July 2011The full text of the Proposed Rules begins on the next page:
  • 29. ILLINOIS REGISTER 11053 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES TITLE 68: PROFESSIONS AND OCCUPATIONS CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1249 CEMETERY OVERSIGHT ACT SUBPART A: GENERAL PROVISIONSSection1249.10 Definitions1249.20 Fees1249.30 Renewal1249.40 Inactive Status1249.50 Restoration1249.60 Cemetery Records and the Cemetery Oversight Database1249.70 Granting Variances SUBPART B: CEMETERY AUTHORITIES AND ASSOCIATIONSSection1249.100 Application for Full Exempt Status1249.110 Application for Partial Exempt Status1249.120 Application for Licensure as a Cemetery Authority Not Maintaining a Full or Partial Exemption1249.130 Bond, Letter of Credit, Self-Insurance and Liability Insurance Requirement1249.140 Change of Ownership1249.150 Cemetery Association Vacancies1249.160 Trust Funds1249.170 Sufficient Financial Resources1249.180 Signage and Consumer Brochure SUBPART C: CEMETERY MANAGERS, CUSTOMER SERVICE EMPLOYEES AND WORKERSSection1249.200 Application1249.210 Examination1249.220 Continuing Education
  • 30. ILLINOIS REGISTER 11054 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES1249.230 Cemetery Workers Statement SUBPART D: CEMETERY STANDARDSSection1249.300 Code of Professional Conduct and Ethics1249.310 Care and Maintenance Standards1249.320 Maps and Plats1249.330 Professional Standards SUBPART E: ENFORCEMENT AND DISCIPLINARY PROCEEDINGSSection1249.400 Mediation of Complaints against Cemetery Authorities Maintaining a Partial Exemption1249.410 Violation Citations1249.420 Opportunity to Cure Violation1249.430 Cemetery Audits and Examinations1249.440 Annual Reports1249.450 Receivership1249.460 Grants under Cemetery Relief Fund1249.470 Claim Procedure for Liability SecurityAUTHORITY: Implementing the Cemetery Oversight Act [225 ILCS 411] and authorized bySection 2105-15 of the Civil Administrative Code of Illinois [20 ILCS 2105/2105-15].SOURCE: Adopted at 35 Ill. Reg. ______, effective ____________. SUBPART A: GENERAL PROVISIONSSection 1249.10 DefinitionsTerms not defined in this Section shall have the same meaning as in the Cemetery Oversight Act.The following definitions are applicable for purposes of this Part: "Acre" means a United States survey acre of 43,560 square feet. "Act" means the Cemetery Oversight Act [225 ILCS 411].
  • 31. ILLINOIS REGISTER 11055 11DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES "Audit" means an examination and verification of a cemetery authoritys financial and accounting records and supporting documents conducted by a DPR Financial Institution Examiner. "Board" means the Cemetery Oversight Board. "Database" means the Cemetery Oversight Database under Section 20-6 of the Act. "Care fund security" means the bond, proof of self-insurance, or a letter of credit required under Section 1249.130(c) of this Part and Section 10-20(b) of the Act. "Confidential information" means information including a persons social security number, drivers license number, personal finance information, home or personal telephone number, home address, personal email addresses, and other information protected by law. "Department" means the Department of Financial and Professional Regulation. "Director" means the Director of the Division of Professional Regulation with the authority delegated by the Secretary. "Division" means the Department of Financial and Professional Regulation- Division of Professional Regulation. "Examination" means a review of the books, records, operations and affairs of the cemetery authority, including any subsidiary of or entity affiliated with the authority, conducted by a DPR Licensing Investigator. "Liability security" means the liability insurance, proof of self-insurance, or a letter of credit required under Section 1249.130(c) of this Part and Section 10- 20(b) of the Act. "Renewal cycle" means the time period between either application or the last renewal, whichever is more recent, and the next renewal date under Section 1249.30, typically 2 years for licensees and 4 years for cemetery authorities maintaining a full or partial exemption. "Renewal period" means the time during which the Division accepts renewal
  • 32. ILLINOIS REGISTER 11056 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES applications. "Reporting period" means the preceding calendar year. "Secretary" means the Secretary of the Department of Financial and Professional Regulation.Section 1249.20 Fees a) Application for Exempt Status Fees 1) The fee for an application as a cemetery authority seeking a full exemption is $0. 2) The fee for an application as a cemetery authority seeking a partial exemption is: A) $0 for cemeteries with fewer than 25 interments, inurnments and entombments during the preceding calendar year; B) $125 for cemeteries with 25 through 50 interments, inurnments and entombments during the preceding calendar year; C) $500 for cemeteries with 51 through 100 interments, inurnments and entombments during the preceding calendar year; D) $650 for cemeteries with 101 through 150 interments, inurnments and entombments during the preceding calendar year; and E) $800 for cemeteries with over 150 interments, inurnments and entombments during the preceding calendar year. b) Application Fees for Licensure as a Cemetery Authority 1) The fee for application as a cemetery authority not seeking a full or partial exemption is: A) $0 for cemeteries with fewer than 25 interments, inurnments and entombments during the preceding calendar year;
  • 33. ILLINOIS REGISTER 11057 11DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES B) $150 for cemeteries with 25 through 50 interments, inurnments and entombments during the preceding calendar year; C) $550 for cemeteries with 51 through 100 interments, inurnments and entombments during the preceding calendar year; D) $800 for cemeteries with 101 through 150 interments, inurnments and entombments during the preceding calendar year; and E) $1050 for cemeteries with over 150 interments, inurnments and entombments during the preceding calendar year. 2) The fee for application as a cemetery manager is: A) $0 for a cemetery manager working at a cemetery with fewer than 25 interments, inurnments and entombments during the preceding calendar year; B) $50 for a cemetery manager working at a cemetery with 25 through 50 interments, inurnments and entombments during the preceding calendar year; C) $100 for a cemetery manager working at a cemetery with 51 through 100 interments, inurnments and entombments during the preceding calendar year; D) $150 for a cemetery manager working at a cemetery with 101 through 150 interments, inurnments and entombments during the preceding calendar year; and E) $175 for a cemetery manager working at a cemetery with over 150 interments, inurnments and entombments during the preceding calendar year. F) $0 for a cemetery manager who serves as a volunteer. 3) The fee for application as a cemetery customer service employee is:
  • 34. ILLINOIS REGISTER 11058 11DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES A) $0 for a cemetery customer service employee working at a cemetery with fewer than 25 interments, inurnments and entombments during the preceding calendar year; B) $50 for a cemetery customer service employee working at a cemetery with 25 through 50 interments, inurnments and entombments during the preceding calendar year; C) $75 for a cemetery customer service employee working at a cemetery with 51 through 100 interments, inurnments and entombments during the preceding calendar year; D) $100 for a cemetery customer service employee working at a cemetery with 101 through 150 interments, inurnments and entombments during the preceding calendar year; and E) $125 for a cemetery customer service employee working at a cemetery with over 150 interments, inurnments and entombments during the preceding calendar year. 4) The fees for application as a cemetery manager or cemetery customer service employee (subsections (b)(2) and (3)) do not include the examination or fingerprint fee. The fees for examination and fingerprinting are as follows: A) Examination fees: Cemetery manager or cemetery customer service employee applicants shall pay, either to the Department or to the designated testing service, a fee covering the cost of providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicants application for examination has been received and acknowledged by the Division or the designated testing service, may result in the forfeiture of the examination fee under the policies of the testing vendor. B) Fingerprint fees: Applicants shall pay the cost of processing charged by and made payable to the designated vendor, except that the Department shall pay the fees for a cemetery manager of a
  • 35. ILLINOIS REGISTER 11059 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES cemetery with fewer than 25 interments, inurnments and entombments during the preceding calendar year.c) Renewal Fees 1) The fee for the renewal of a license as a cemetery authority maintaining a full exemption is $0. 2) The fee for the renewal of a license as a cemetery authority maintaining a partial exemption is: A) $0 for cemeteries with fewer than 25 interments, inurnments and entombments during the preceding calendar year; B) $125 for cemeteries with 25 through 50 interments, inurnments and entombments during the preceding calendar year; C) $500 for cemeteries with 51 through 100 interments, inurnments and entombments during the preceding calendar year; D) $650 for cemeteries with 101 through 150 interments, inurnments and entombments during the preceding calendar year; and E) $800 for cemeteries with over 150 interments, inurnments and entombments during the preceding calendar year. 3) The fee for the renewal of a license as a cemetery authority not maintaining a full or partial exemption is: A) $0 for cemeteries with fewer than 25 interments, inurnments and entombments during the preceding calendar year; B) $150 for cemeteries with 25 through 50 interments, inurnments and entombments during the preceding calendar year; C) $500 for cemeteries with 51 through 100 interments, inurnments and entombments during the preceding calendar year;
  • 36. ILLINOIS REGISTER 11060 11DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES D) $800 for cemeteries with 101 through 150 interments, inurnments and entombments during the preceding calendar year; and E) $1050 for cemeteries with over 150 interments, inurnments and entombments during the preceding calendar year. 4) The fee for the renewal of a license as a cemetery manager is: A) $0 for a cemetery manager working at a cemetery with fewer than 25 interments, inurnments and entombments during the preceding calendar year; B) $50 for a cemetery manager working at a cemetery with 25 through 50 interments, inurnments and entombments during the preceding calendar year; C) $100 for a cemetery manager working at a cemetery with 51 through 100 interments, inurnments and entombments during the preceding calendar year; D) $150 for a cemetery manager working at a cemetery with 101 through 150 interments, inurnments and entombments during the preceding calendar year; and E) $175 for a cemetery manager working at a cemetery with over 150 interments, inurnments and entombments during the preceding calendar year. 5) The fee for the renewal of a license as a cemetery customer service employee is: A) $0 for a cemetery customer service employee working at a cemetery with fewer than 25 interments, inurnments and entombments during the preceding calendar year; B) $50 for a cemetery customer service employee working at a cemetery with 25 through 50 interments, inurnments and entombments during the preceding calendar year;
  • 37. ILLINOIS REGISTER 11061 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES C) $75 for a cemetery customer service employee working at a cemetery with 51 through 100 interments, inurnments and entombments during the preceding calendar year; D) $100 for a cemetery customer service employee working at a cemetery with 101 through 150 interments, inurnments and entombments during the preceding calendar year; and E) $125 for a cemetery customer service employee working at a cemetery with over 150 interments, inurnments and entombments during the preceding calendar year. 6) The fees for the renewal of a license as a cemetery manager or cemetery customer service employee (subsections (c)(4) and (5)) do not include the cost of continuing education requirements.d) General Fees 1) The fee for restoration from inactive status is the current renewal fee. The fee for the restoration of a license other than from inactive status is $50 plus payment of all lapsed renewal fees. 2) The fee for the issuance of a duplicate/replacement license or a certificate issued for a change of name or address, other than during the renewal period, is $20. No fee is required for name and address changes on Division records when no duplicate license is issued. 3) The fee for a certification of a licensees regulatory history for any purpose is $20. 4) The fee to have the scoring of an examination administered by the Division reviewed and verified is $20, plus any fee charged by the testing service. 5) The fee for a roster of licensees or cemetery workers shall be the actual cost of producing the roster.e) The cost of mediation and investigation under Section 25-3 of the Act shall be the actual cost per hour.
  • 38. ILLINOIS REGISTER 11062 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULESf) Fee Waiver or Reduction Request 1) A cemetery authority may apply for a reduction or waiver of any fee based on extreme financial hardship or risk of cemetery abandonment. To apply, the cemetery shall produce its most recent balance sheet, bank statement, and any other evidence that the Division requires that bears on the cemetery authoritys financial status. A cemetery authority applying for a fee reduction or waiver must do so with the good faith belief that a fee reduction or waiver is necessary to avoid extreme financial hardship or cemetery abandonment. Extreme financial hardship may include falling below the minimal requirements for maintaining sufficient financial resources under Section 1249.170. 2) Cemetery Personnel A) A cemetery manager or customer service employee may apply for a reduction or waiver of any fee based on extreme financial hardship or risk of abandoning his or her position at the cemetery. To apply, the applicant or licensee shall produce: i) a signed statement from the cemetery authority stating that the cemetery authority is not able to pay the fee on behalf of the applicant or licensee; ii) a signed statement by the applicant or licensee stating that a fee reduction or waiver is necessary to avoid extreme financial hardship or abandoning his or her position at the cemetery; and iii) any other evidence that the Division requires that bears on the applicants or licensees financial status. B) A cemetery manager or customer service employee applying for a fee reduction or waiver must do so with the good faith belief that a fee reduction is necessary to avoid extreme financial hardship or abandonment of his or her position at the cemetery.
  • 39. ILLINOIS REGISTER 11063 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES 3) A cemetery authority, cemetery manager or customer service employee tendering a bad faith or frivolous application for a fee reduction or waiver may be subject to disciplinary action for making a material misstatement in furnishing information to the Division under Section 25-10(a)(1) of the Act. g) Transition Fee 1) Initial Payment The fees required by Section 75-55(c) of the Act shall be submitted to the Department, along with the form supplied by the Division, no later than December 15, 2010. All cemetery authorities not maintaining a full exemption or partial exemption shall pay a one-time fee of $20 to the Department plus an additional charge of $1 per burial within the cemetery during the calendar year 2009. Invoices issued by the Department in 2010 shall be paid as indicated in the invoice. The Department reserves the right to assess penalties under subsection (g)(3) for any late payments. 2) Annual Payment As provided in for Section 75-55(c) of the Act, all cemetery authorities not maintaining a full exemption or partial exemption shall annually pay $1 per burial that occurred within the cemetery during the preceding calendar year. The Department will mail transition fee invoices on or about June 15 of each year. Transition fee payments shall be made no later than August 15 of that year. 3) Penalties The Department will impose a fine of $5 per day, as required by Section 75-55(d) of the Act, for each day beyond the due date specified in this subsection (g) that any required fee is not tendered to the Department. Any fine imposed for failure to submit a timely transition fee shall be paid within 60 days after the effective date of the order imposing the fine, unless the time is extended, the fine is reduced, or the fine is otherwise waived at the discretion of the Department.Section 1249.30 Renewal a) Beginning with the August 2014 renewal, every license issued under the Act shall expire on August 31 every 2 years. Beginning with the August 2016 renewal,
  • 40. ILLINOIS REGISTER 11064 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES every registration as a full exempt or partial exempt cemetery authority issued under the Act shall expire on August 31 every 4 years. The holder of a license may renew his or her license during the month preceding the expiration date by paying the required fee set forth in Section 1249.20 and, for cemetery authorities, providing proof of care fund security and liability security according to Section 1249.130 of this Part and Section 10-20(b) of the Act. b) It is the responsibility of each fully exempt cemetery authority, partially exempt cemetery authority, and licensee to notify the Division of any change of address. Failure to receive a renewal form from the Division shall not constitute an excuse for failure to renew ones license or to pay the renewal fee. Practicing on an expired license is unlicensed practice and subject to discipline under Section 25- 10 of the Act. c) No cemetery authority shall, after the expiration of a cemetery manager or customer service employee license, permit the holder of the expired license to do any work requiring licensure.Section 1249.40 Inactive Status a) Cemetery manager or customer service employee licensees who notify the Division, on forms provided by the Division, may place their licenses on inactive status and shall be excused from paying renewal fees until they notify the Division in writing of the intention to resume active practice. b) Licensees seeking restoration from inactive status shall do so in accordance with Sections 1249.20(d)(1) and 1249.50.Section 1249.50 Restoration a) Cemetery manager and customer service employee licensees seeking restoration of a license after it has expired or been placed on inactive status for more than 5 years shall file an application, on forms supplied by the Division, together with the following: 1) The restoration fees specified in Section 1249.20(d)(1). When restoring a license from inactive status, a licensee is required to pay the current renewal fee set forth in Section 1249.20;
  • 41. ILLINOIS REGISTER 11065 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES 2) Proof of completion of the required number of continuing education (CE) hours for one renewal cycle as specified in Section 1249.220. Acceptable proof of completion shall be in the form of certificates of attendance provided by approved sponsors of CE programs; and 3) One of the following: A) Sworn evidence of active practice in another jurisdiction. The evidence shall include a statement from the appropriate board or licensing authority in the other jurisdiction that the licensee was authorized to practice during the term of the active practice or, if the profession is not licensed in the other jurisdiction, a statement from the licensees employer; B) Sworn statement that the license expired or was placed on inactive status while the licensee was engaged in federal service on active duty with the Army of the United States, the United States Navy, the Marine Corps, the Air Force, the Coast Guard, or the State Militia called into the service or training of the United States of America and that the sworn statement is received by the Division within 2 years after the licensees termination of service other than by dishonorable discharge; C) Sworn statement that the license expired or was placed on inactive status while the licensee was training or being educated under the supervision of the United States prior to induction into the military service and that the sworn statement is received by the Division within 2 years after the licensees completion of the training or education or termination of training or education other than by dishonorable discharge; or D) Evidence of passage of the exam specified in Section 1249.210 or of other education or experience acceptable to the Division of the licensees fitness to have the license restored.b) A licensee seeking restoration of a license that has expired or been on inactive status for less than 5 years, or has been placed in nonrenewed status for failure to comply with CE requirements, shall file an application on forms provided by the Division, together with the following:
  • 42. ILLINOIS REGISTER 11066 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES 1) The restoration fees specified in Section 1249.20(d)(1). When restoring a license from inactive status, a person is required to pay the current renewal fee set forth in Section 1249.20; and 2) Proof of completion of the required number of CE hours for one renewal cycle as specified in Section 1249.220. Acceptable proof of completion shall be in the form of certificates of attendance provided by approved sponsors of CE programs. c) Any person seeking restoration of a license within 2 years after discharge from military service other than by dishonorable discharge will be required to pay only the current renewal fee and will not be required to submit proof of meeting the CE requirements. d) When the accuracy of any submitted documentation, or the relevance or sufficiency of the course work or experience, is questioned by the Division because of lack of information, discrepancies, or conflicts in information given, or a need for clarification, the licensee seeking restoration of a license will be requested to: 1) Provide information as may be necessary; and/or 2) Appear for an interview before the Division to explain the relevance or sufficiency, clarify information, or clear up any discrepancies or conflicts in information.Section 1249.60 Cemetery Records and the Cemetery Oversight Database a) Each cemetery authority not fully exempt under the Act shall answer all questions when prompted by the Database, including information regarding: 1) The section, mausoleum or columbarium; 2) The block, wall or room; 3) The lot or row; 4) The plot, grave, crypt or niche;
  • 43. ILLINOIS REGISTER 11067 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES 5) The term of burial in years, if any; 6) The level or depth in the grave, crypt or niche, if applicable; and 7) The year of interment, inurnment or entombment, as the case may be.b) A cemetery authority may only renumber or rename sections, blocks, lots, mausoleums, columbariums or any other sub-category of these areas in its internal recordkeeping system as long as the renumbering: 1) Preserves any existing rights to interment, inurnment or entombment; and 2) Does not affect the ability of the cemetery authority, Division or member of the public to locate remains or to find the location of interment, inurnment or entombment rights.c) When real-time access to the Database through an Internet connection becomes unavailable due to technical problems with the Database incurred by the database provider, the cemetery manager shall cause a record of the interment, entombment or inurnment to be entered into the Database via telephone by contacting the Database provider. Inability to access the database does not relieve the cemetery authority of the duty to report through other means as provided for by the Database provider or the Division.d) When a cemetery manager claims obtaining use of an Internet connection would be an undue hardship, the cemetery manager shall provide a written statement to the Secretary describing the reason for the hardship and requesting the use of an alternative mechanism to report interments, entombments or inurnments. The cemetery managers written request shall be reviewed by the Secretary and the Secretary may approve or deny the request for an alternative mechanism. If any entries by the cemetery manager are required by the Act before the cemetery manager receives notice of the Secretarys decision regarding the request, the cemetery manager may cause the required record of the interment, entombment or inurnment to be entered into the Database via telephone by contacting the Database provider.e) Every entry into the Database shall be accompanied by a fee paid to the Database provider as established by a written agreement between the Department and the
  • 44. ILLINOIS REGISTER 11068 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES Database provider.Section 1249.70 Granting VariancesThe Secretary may grant variances from this Part in individual cases when he/she finds that: a) The provision from which the variance is granted is not statutorily mandated; b) No party will be injured by the granting of the variance; and c) The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome. SUBPART B: CEMETERY AUTHORITIES AND ASSOCIATIONSSection 1249.100 Application for Full Exempt StatusApplicants for full exemption from licensure as a cemetery authority shall submit: a) The applicable fee in Section 1249.20. b) A fully completed application, on forms supplied by the Division and signed by the applicant, on which all questions have been answered, including: 1) The cemeterys name, street and city address, and telephone number. If a cemetery does not have a telephone on the property, the cemetery authority shall provide the number of the phone, if any, located at the address of record. If there is no phone located at the address of record, the cemetery must designate a phone number, for contact purposes, of someone who has authority over cemetery operations; 2) The cemetery owners name, home address, and home telephone number or, if the applicant is a corporation, limited liability company, partnership, or other entity permitted by law, then the name and contact information for each principal, owner, member, officer, and shareholder holding 25% or more of corporate stock; 3) Whether the cemetery falls under the exemption defined in Section 5- 20(a)(1) of the Act;
  • 45. ILLINOIS REGISTER 11069 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES 4) Whether the cemetery maintains care funds; 5) The size of the cemetery land in acres; 6) Whether the cemetery has engaged in any interments, inurnments or entombments within the 10 years preceding the date of application; and 7) Any other information that the Division requests.Section 1249.110 Application for Partial Exempt StatusApplicants for partial exemption from licensure as a cemetery authority shall submit: a) The applicable fee in Section 1249.20. b) A fully completed application, on forms supplied by the Division and signed by the applicant, on which all questions have been answered, including: 1) The cemeterys name, street and city address, and telephone number. If a cemetery does not have a telephone on the property, the cemetery authority shall provide the number of the phone, if any, located at the address of record. If there is no phone located at the address of record, the cemetery must designate a phone number, for contact purposes, of someone who has authority over cemetery operations; 2) The cemetery owners name, home address, and home telephone number or, if the applicant is a corporation, limited liability company, partnership, or other entity permitted by law, then the name and contact information for each principal, owner, member, officer, and shareholder holding 25% or more of corporate stock; 3) Whether the cemetery is a public or religious cemetery. Under Section 5- 15 of the Act, a religious cemetery that is eligible to apply for partial exempt status is a cemetery owned, operated, controlled or managed by any recognized church, religious society, association or denomination, or by any cemetery authority or any corporation administering, or through which are administered, the temporalities of any recognized church, religious society, association or denomination. A religious society or
  • 46. ILLINOIS REGISTER 11070 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES association includes a not-for-profit entity formed for a religious purpose; 4) Whether the cemetery maintains care funds; 5) The number of interments, inurnments and entombments at the cemetery for each of the two preceding calendar years; and 6) Any other information that the Division requests.Section 1249.120 Application for Licensure as a Cemetery Authority Not Maintaining aFull or Partial Exemption a) Applicants for licensure as a cemetery authority not maintaining a full or partial exemption shall submit: 1) A fully completed application, provided by the Division and signed by the applicant, on which all questions have been answered, including: A) The cemeterys name, address, and telephone number. If a cemetery does not have a telephone on the property, the cemetery authority shall provide the number of the phone number, if any, located at the address of record. If there is no phone located at the address of record, the cemetery must designate a phone number, for contact purposes, of someone who has authority over cemetery operations; and B) The cemetery owners name, home address, and home telephone number or, if the applicant is a corporation, limited liability company, partnership, or other entity permitted by law, then the name and contact information for each principal, owner, member, officer and shareholder holding 25% or more of corporate stock; 2) The applicable fee in Section 1249.20; 3) Proof of any required care fund security and/or liability security under Section 1249.130; 4) Proof that the applicant is of good moral character under Section 10-21(a) of the Act. Proof may be an indication on the application that the
  • 47. ILLINOIS REGISTER 11071 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES applicant has not engaged in any conduct or activities that would constitute grounds for discipline under Section 25-10 of the Act. Applicants who answer affirmatively to any question on the personal history portion of the application or who have engaged in activities that would constitute grounds for discipline shall be forwarded to the Enforcement Division of the Division of Professional Regulation for further investigation and action as provided in Article 25 of the Act; 5) Documentation of sufficient financial resources as required by Section 1249.170; 6) If a partnership, a copy of the partnership agreement or, if no agreement exists, a list of partners and each partners ownership interests; if a corporation, a copy of the Articles of Incorporation as filed with the Illinois Secretary of State; or, if another entity permitted by law, a copy of the relevant document creating the entity; and 7) Any other information required by the Division. b) Licensure Requirements for Multiple Locations. When a cemetery authority is applying for licensure at more than one location, for each additional location, the cemetery authority shall provide an application fee in accordance with Section 1249.20 and contact information for that separate physical location. If separate care funds, bank accounts, records, or any other applicable information are available for the separate location, then the cemetery shall submit that information as required on the application form. No duplicative information regarding the cemetery authority needs to be included for each additional location.Section 1249.130 Bond, Letter of Credit, Self-Insurance and Liability InsuranceRequirement a) Each cemetery authority that does not claim a full or partial exemption and maintains care funds shall provide care fund security in the form of a fidelity bond, proof of self-insurance, or letter of credit of an amount at least equal to 10% of the value of the care funds for the cemetery for which licensure is being sought, unless the Division waives the requirement pursuant to Section 10-20(b) of the Act. The bond, letter of credit, or proof of self-insurance shall not be in an amount less than $1,000; the first $15,000 of the care funds shall not be considered in computing the amount of the bond, letter of credit, or self-
  • 48. ILLINOIS REGISTER 11072 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES insurance. A licensee may aggregate the forms of care fund security to meet the requirements that are provided in this subsection. b) A cemetery authority claiming exemption from providing the care fund security pursuant to Section 10-20(b) of the Act shall provide a sworn statement attesting to possession of the care funds from the entity authorized to do a trust business under the Corporate Fiduciary Act [205 ILCS 620] or the investment company holding the care funds. If care funds are invested with an investment company or trust business after the care fund security has been obtained and submitted to the Division, all the care fund securities covering the amounts transferred to a investment company or trust business may be returned to the cemetery authority or cancelled after 60 days notice to the Division, which shall include the sworn statement required by this subsection. c) In addition to the required care fund security, each cemetery authority that does not claim a full or partial exemption as defined in the Act shall provide proof of liability security. Each cemetery authority shall accompany its application for licensure with proof of comprehensive general liability insurance. The liability security shall have a total amount of coverage not less than $100,000 during the reporting period. A licensee may aggregate the forms of liability security to meet the requirements that are provided in this subsection. d) Any cemetery authority that seeks approval as a self-insurer in order to fulfill obligations under the Act, whether self-insurance is used independently or as a means of aggregating the requisite level of protection, shall include in its licensure application a current financial statement. In order to qualify as a self- insurer, the cemetery authority must show in its application and future annual reports that it has, at all times while self-insured, capital reserves in excess of all other reserves and other liabilities at least in the amount required in subsection (c). The self-insurance shall be evidenced by a statement specifically setting forth the liabilities and responsibilities of the company in accordance with this Part. e) All records or a copy of the records regarding the securities described in this Section must be located in Illinois.Section 1249.140 Change of Ownership a) When the business changes ownership, a new application shall be filed with the Division in accordance with Section 1249.100, 1249.110 or 1249.120.
  • 49. ILLINOIS REGISTER 11073 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES b) Change of ownership is defined as, but not limited to: 1) Whenever a person comes to obtain 51% ownership of the cemetery authority after initial licensure; or 2) Change in the legal form under which the controlling entity is organized. c) When the federal government, the State of Illinois, or any county, city, village, incorporated town, township, multi-township, public cemetery district, or other municipal or political subdivision or instrumentality takes over a cemetery or cemetery authority, the care fund and care fund expenditures continue to be subject to the provisions of the Act, and the care funds must be exclusively used for the care and maintenance of the cemetery in accordance with the Act.Section 1249.150 Cemetery Association Vacancies a) If the remaining trustees in a cemetery association are unable to nominate a trustee from the county where the cemetery is located, the President of the cemetery association shall notify the Division in writing of the vacancy within the cemetery association no later than 30 days after the vacancy occurs. b) The Division shall fill the vacancy by appointing a suitable person to fill the vacancy. The appointment must cause the resulting cemetery association to meet the following requirements: 1) At least two-thirds of the trustees of the cemetery association shall reside within 15 miles of the cemetery. 2) The remaining trustees of the cemetery association must either have an interest in the cemetery association through interments, inurnments or entombments of family members in that cemetery or be residents of the State of Illinois.Section 1249.160 Trust FundsA licensed cemetery authority may continue to be the trustee of up to $500,000 of care funds thathave been deposited into its trust fund, but the cemetery authority must retain an independenttrustee for any amount of care funds held in trust in excess of that $500,000. All records or a
  • 50. ILLINOIS REGISTER 11074 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULEScopy of the records regarding the trust funds described in this Section must be located in Illinois.Section 1249.170 Sufficient Financial ResourcesIn determining whether an applicant or licensed cemetery authority has sufficient financialresources to operate as a cemetery, the Division may consider factors including, but not limitedto, the following: a) Whether the applicant or licensed cemetery authority has liabilities greater than the assets available; b) Whether the applicant or licensed cemetery authority has been found to have provided inadequate care and maintenance of a cemetery; c) Whether the applicant or licensed cemetery authority has demonstrated that it is likely to be unable to care for the cemetery in the near future, based on the current economic condition of the cemetery; and/or d) The degree to which the applicant or licensed cemetery authority provides for the maintenance and preservation of the common grounds and structures.Section 1249.180 Signage and Consumer Brochure a) Every licensed cemetery authority and cemetery authority maintaining a partial exemption must conspicuously post the sign required by Section 20-30 of the Act and provided by the Division (contains the Divisions consumer hotline number, information on how to file a complaint, and any other information the Division deems appropriate). The sign shall be posted in color in each office where the cemetery authority conducts business with consumers and in each office where the cemetery authority makes contact with the public. If transactions with consumers or contact with the public occurs in a residence or office that is used primarily for business unrelated to the death care industry, the sign must be in clear view of the cemetery consumer or member of the public when that individual is present. The sign will be available to download on the Divisions website. If the cemetery authority does not maintain an office, then it is not required to post the sign. b) Every licensed cemetery authority and cemetery authority maintaining a partial exemption must make available for potential consumers and visitors of the
  • 51. ILLINOIS REGISTER 11075 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES cemetery the consumer brochure provided by the Division that contains the Divisions consumer hotline number, information on how to file a complaint, and any other information the Division deems appropriate. The brochure will be available to download on the Divisions website. If the cemetery authority does not maintain an office, then it is not required to post the sign. SUBPART C: CEMETERY MANAGERS, CUSTOMER SERVICE EMPLOYEES AND WORKERSSection 1249.200 ApplicationAn applicant for licensure as a cemetery manager or customer service employee under the Actshall file a completed application, on forms supplied by the Division, with the applicable feefrom Section 1249.20. The application shall include the following: a) Social Security Number; b) Address of residence; c) Certification of successful completion of high school, the General Education Development (GED) tests, or possession of a High School Equivalency Diploma (HSED). Applicants must certify, on forms supplied by the Division, that they have met the education requirements; d) Proof of successful completion of the examination authorized by the Division; e) One of the following: 1) Verification of electronic fingerprint processing from the Illinois Department of State Police or one of the Illinois State Police approved vendors. Applicants shall contact one of the approved vendors for fingerprint processing; 2) Out-of-state residents unable to utilize the Illinois State Police fingerprint process may submit to one of the Illinois State Police approved vendors one fingerprint card issued by the Illinois State Police, accompanied by the fee specified by the vendor; or 3) Verification, on forms provided by the Division, of proof of retirement as
  • 52. ILLINOIS REGISTER 11076 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES a peace officer within 12 months prior to application in lieu of fingerprints. A peace officer is defined as any person who, by virtue of his/her office or public employment, is vested by law with a primary duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses; officers, agents or employees of the federal government commissioned by federal statute to make arrests for violations of federal criminal laws shall be considered peace officers. The verification shall be signed by the applicants employer. f) Any other information required by the Division.Section 1249.210 Examination a) The examination for licensure as a cemetery manager or customer service employee shall be developed and administered by a testing vendor designated by the Division. b) Applicants must personally take and pass a written examination authorized by the Division as sufficient to demonstrate the applicants knowledge of cemetery management or cemetery customer service practices. c) The Division shall receive verification of the successful completion of the examination. The passing score shall be the passing score established by the testing vendor. Verification shall be received directly from the testing vendor. d) An examination fee shall be paid by the applicant to the designated testing service for each examination or any part retaken. e) The provisions of this Section shall apply to all applicants upon adoption without regard to where an applicant is in the application process.Section 1249.220 Continuing Education a) Continuing Education Hour Requirements 1) Every cemetery manager renewal applicant shall complete the following hours of continuing education (CE) relevant to the practice of managing a cemetery:
  • 53. ILLINOIS REGISTER 11077 11DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES A) If working at a cemetery deemed by the Division as falling under Section 1249.20(b)(1)(A) or (B) on its application or under Section 1249.20(c)(3)(A) or (B) on its last renewal, whichever was more recent, then 4 hours during the first 2 renewal cycles and 2 hours for each renewal cycle thereafter; B) If working at a cemetery deemed by the Division as falling under Section 1249.20(b)(1)(C) on its application or under Section 1249.20(c)(3)(C) on its last renewal, whichever was more recent, then 6 hours during first 2 renewal cycles and 4 hours thereafter; C) If working at a cemetery deemed by the Division as falling under Section 1249.20(b)(1)(D) on its application or under Section 1249.20(c)(3)(D) on its last renewal, whichever was more recent, then 8 hours during first 2 renewal cycles and 6 hours thereafter; D) If working at a cemetery deemed by the Division as falling under Section 1249.20(b)(1)(E) on its application or under Section 1249.20(c)(3)(E) on its last renewal, whichever was more recent, then 10 hours during first 2 renewal cycles and 8 hours thereafter; and E) If working as a cemetery manager who receives no compensation, directly or indirectly, for his or her work, then 0 hours. 2) Every customer service employee renewal applicant shall complete the following hours of CE relevant to the practice of providing customer service at a cemetery: A) If working at a cemetery deemed by the Division as falling under Section 1249.20(b)(1)(A) or (B) on its application or under Section 1249.20(c)(3)(A) or (B) on its last renewal, whichever was more recent, then 3 hours during first 2 renewal cycles and 2 hours for each renewal cycle thereafter; B) If working at a cemetery deemed by the Division as falling under Section 1249.20(b)(1)(C) on its application or under Section
  • 54. ILLINOIS REGISTER 11078 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES 1249.20(c)(3)(C) on its last renewal, whichever was more recent, then 4 hours during first 2 renewal cycles and 3 hours thereafter; C) If working at a cemetery deemed by the Division as falling under Section 1249.20(b)(1)(D) on its application or under Section 1249.20(c)(3)(D) on its last renewal, whichever was more recent, then 6 hours during first 2 renewal cycles and 4 hours thereafter; D) If working at a cemetery deemed by the Division as falling under Section 1249.20(b)(1)(E) on its application or under Section 1249.20(c)(3)(E) on its last renewal, whichever was more recent, then 8 hours during first 2 renewal cycles and 6 hours thereafter; and E) If working as a customer service employee who receives no compensation, directly or indirectly, for his or her work, then 0 hours. 3) The Division shall conduct random audits to verify compliance with this Section. 4) Cemetery managers and customer service employees licensed in Illinois but residing and practicing in other states must comply with the CE requirements set forth in this Section unless the license is placed on inactive status under Section 1249.40.b) CE credit may be earned as follows: 1) Verified attendance at or participation in a program given by a sponsor as set forth in subsection (c)(1). 2) For a maximum of half of the required CE hours per renewal cycle: A) Personal preparation of an educational presentation pertaining to cemetery management and/or the practice of providing customer service at a cemetery that is orally delivered before a recognized professional cemetery organization;
  • 55. ILLINOIS REGISTER 11079 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES B) Writing of educational articles pertaining to cemetery management and/or the practice of providing customer service at a cemetery and having them published in recognized cemetery industry journals, trade publications, newsletters, or other publications approved by the Division; C) Completion of self-study courses taken through an accredited college or university or an approved sponsor. Self-study courses designed for CE credit must include an examination that tests the skills of the licensee and is of sufficient depth that answers are not readily apparent and have not been provided to the licensee. Sponsors have the obligation to craft examinations in ways to prevent candidates from obtaining unearned credit; and/or D) A licensee who serves as an instructor, speaker or discussion leader of an approved course will be allowed CE course credit for actual presentation time, plus actual preparation time of up to 2 hours for each hour of presentation. Preparation time shall not be allowed for repetitious presentations of the same course and will only be allowed for additional study or research. 3) The CE hours used to satisfy the CE requirements for renewal of an applicable license held in another jurisdiction shall be applied to fulfillment of the CE requirements for renewal of the applicants Illinois license, upon approval by the Division. 4) A CE hour means a minimum of 50 minutes of actual continuing education spent by a licensee in actual attendance at and completion of an approved CE activity. A CE program shall not be presented during a dinner or social function. The dinner or social function must be concluded before the CE program commences or be held after the CE program is completed. If the program involves one or more hours of education, credit may be issued in one-half hour increments. 5) Credit will not be given for activities that are not included in this subsection (b).c) CE Sponsors and Programs
  • 56. ILLINOIS REGISTER 11080 11DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES 1) Sponsor, as used in this Section, shall mean any school, college or university, State agency or any other person, firm or association that has been approved and authorized by the Division to coordinate and present CE courses and programs in conjunction with this Section. 2) A sponsor shall file a sponsor application that certifies the following: A) That all courses and programs offered by the sponsor for CE credit will comply with the criteria in subsection (c)(3) and all other criteria in this Section; B) That the sponsor will be responsible for verifying attendance at each course or program and will provide a certificate of completion as set forth in subsection (c)(5); and C) That, upon request by the Division, the sponsor will submit evidence necessary to establish compliance with this Section. The evidence shall be required when the Division has reason to believe that there is not full compliance with the Code and this Part and that this information is necessary to ensure compliance. 3) All courses and programs shall: A) Contain materials that contribute to the advancement, extension and enhancement of professional skills and knowledge in the practice of cemetery management and/or providing customer service at a cemetery. The course content shall be designed to focus on such advancement and enhancement of professional skills and knowledge; B) Specify the course objectives, course content and teaching methods; C) Be developed and presented by persons with education and/or experience in the subject matter of the program; D) Specify the number of CE hours that may be applied to fulfilling the Illinois CE requirements for license renewal; and
  • 57. ILLINOIS REGISTER 11081 11DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES E) Include some mechanism through which participants evaluate the overall quality and content of the program. 4) All programs given by sponsors should be open to all licensees and not be limited to the members of a single organization or group. 5) Certificate of Attendance or Participation. It shall be the responsibility of the sponsor to provide each participant in an approved program or course with a certificate of attendance or participation that shall contain the following information: A) The name and address of the sponsor; B) The name and license number of the participant; C) A brief statement of the subject matter; D) The number of CE hours awarded in each program; E) The date and place of the program; and F) The signature of the sponsor. 6) The certificate of attendance shall be distributed following the educational program or otherwise be provided to the attendee by the sponsor, by such means as mailing the certificate or summary of attendance. 7) The sponsor shall maintain course materials and attendance records containing all information in subsection (c)(5) for not less than 5 years, except for the signature of the sponsor. 8) The sponsor shall be responsible for assuring that no participant shall receive CE credit for time not actually spent attending the program. 9) If it is determined after a hearing before the Division that a sponsor has failed to comply with the foregoing requirements, the Division shall thereafter refuse to accept for CE credit attendance at any of the sponsors CE activities until such time as the Division receives assurances of compliance with this Section.
  • 58. ILLINOIS REGISTER 11082 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES 10) Notwithstanding any other provision of this Section, the Division may evaluate any sponsor of any CE program at any time. 11) The Division shall maintain a list of all approved CE sponsors.d) Certification of Compliance with CE Requirements 1) Each renewal applicant shall certify, on the renewal application, full compliance with the CE requirements set forth in subsection (a). 2) The Division may require additional evidence demonstrating compliance with the CE requirements. It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance. The additional evidence will be required for the Divisions random audit described in subsection (a)(3) of this Section.e) Waiver of CE Requirements 1) Any renewal applicant seeking renewal of a license without having fully complied with these CE requirements shall file with the Division a renewal application, the required renewal fee, a statement setting forth the facts concerning the non-compliance, and a request for waiver of the CE requirements on the basis of the facts. If the Division finds from the affidavit or from any other evidence submitted that extreme hardship has been shown, the Division shall waive enforcement of CE requirements for that renewal cycle. 2) Extreme hardship shall be determined on an individual basis by the Division and be defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable renewal cycle because of: A) Full-time service in the Armed Forces of the United States during a substantial part of the renewal cycle; B) An incapacitating illness, documented by a currently licensed physician;
  • 59. ILLINOIS REGISTER 11083 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES C) A physical inability to travel to the sites of approved programs documented by a currently licensed physician; or D) Other similar extenuating circumstances (i.e., family illness, prolonged hospitalization or advanced age). 3) Any renewal applicant who, prior to the expiration date of the license, submits a request for a waiver pursuant to the provisions of this subsection (e) shall be deemed to be in good standing until the Divisions final decision on the application has been made. 4) Any applicant who submits a request for waiver that is denied may then request his or her license be placed on inactive status. The applicant shall comply with the CE requirements prior to restoration of the license from inactive status in accordance with Section 1249.50 of this Part.Section 1249.230 Cemetery Workers StatementEach licensed cemetery authority shall collect a workers statement from each cemetery workeras required by Section 10-22 of the Act. On receipt of the workers statement by the Division,the Division shall send an acknowledgement to the cemetery authority and a copy to thecemetery worker. A cemetery authority may store a cemetery workers photo in a physical file orin an electronic file that is accessible at the cemetery authoritys address of record. If a cemeteryworker tenders a copy of an acknowledgement and the workers statement to a cemeteryauthority, the cemetery authority is not required to provide the workers statement to theDivision. If a cemetery worker performs work for more than one cemetery authority, a cemeteryauthority may, in lieu of requiring the worker to complete a new workers statement, accept aworkers statement completed by the cemetery worker within 2 years preceding the date onwhich his or her work at the cemetery authority begins. SUBPART D: CEMETERY STANDARDSSection 1249.300 Code of Professional Conduct and EthicsLicensees shall: a) Refrain from committing any action that would violate Section 25-10 of the Act; b) Be aware of applicable federal and State laws and regulations, adhere to those
  • 60. ILLINOIS REGISTER 11084 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES laws and regulations, and be able to explain them to families in an understandable manner; c) Treat all human remains with proper care and dignity, honoring known religious, ethnic and personal beliefs; d) Protect all confidential information; e) Carry out all aspects of service in a competent and respectful manner; f) Fulfill all written and verbal agreements and contracts; g) Provide honest, factual and complete information regarding all aspects of the services offered and provided; h) Not engage in advertising that is false, misleading or otherwise prohibited by law; i) Not discriminate against any person because of race, creed, marital status, sex, national origin, sexual orientation or color, except a religious cemetery may restrict its services to those of the same religious faith or creed. A cemetery authority operating any cemetery may designate parts of cemeteries or burial grounds for the specific use of persons whose religious code requires isolation; j) To have clear and specific cemetery rules and regulations, subject to other applicable law, including the Act and this Part and to apply them equally to all families served; k) Report all violations of the Act and this Part to the Division.Section 1249.310 Care and Maintenance Standards a) Section 20-5(a) of the Act requires cemetery authorities to provide reasonable maintenance of the cemetery. Reasonable maintenance includes: 1) laying of seed, sod or other suitable ground cover as soon as practical following an interment, considering the weather conditions, season and climate and the interments proximity to ongoing burial activity; 2) cutting of lawn throughout the cemetery at reasonable intervals to prevent
  • 61. ILLINOIS REGISTER 11085 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES an overgrowth of grass and weeds, considering the weather conditions season and climate; 3) trimming of shrubs to prevent excessive overgrowth; 4) trimming of trees to remove dead limbs; 5) maintaining and repairing, if necessary, drains, water lines, roads, buildings, fences and other structures; and 6) keeping the cemetery premises free of trash and debris. b) In determining whether a cemetery authority provides reasonable maintenance of the cemetery property, the Department will consider: 1) the cemetery authoritys contractual obligations for care and maintenance; 2) the extent and the use of the cemetery authoritys financial resources; and 3) the standard of maintenance of one or more similarly situated cemeteries. In determining whether a cemetery is similarly situated, the Department will consider the cemeterys size, location, topography and financial resources, and whether the cemetery is a fraternal cemetery, religious cemetery, public cemetery, cemetery operated by a cemetery association, family cemetery, or cemetery operated by a licensed cemetery authority. c) Cemetery authorities shall have an opportunity to cure any violations of the care and maintenance standards required by the Act within the time limits established by Section 1249.420.Section 1249.320 Maps and Plats a) The overall map of the cemetery must delineate all lots or plots, blocks, sections, avenues, walks, alleys and paths and their respective designations. The map must be filed at the cemeterys on site office or, if it does not maintain an on site office, at its principal place of business. A cemetery managers certificate, which shall be kept with the map, shall be a signed and dated statement acknowledging, accepting and adopting the map. The map must be legible and accurate.
  • 62. ILLINOIS REGISTER 11086 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES b) As provided in Section 20-5(b) of the Act, the Division may order a cemetery authority to obtain a cemetery plat. Before ordering a cemetery to obtain a cemetery plat, the Division shall consider whether obtaining a new plat would cause extreme financial hardship or cemetery abandonment. Extreme financial hardship may include falling below the minimal requirements for maintaining sufficient financial resources under Section 1249.170.Section 1249.330 Professional Standards a) Dishonorable. Unethical or Unprofessional Conduct 1) In determining what constitutes dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public, the Division shall consider whether the questioned activities: A) Violate ethical standards of the profession, including the standards set by the Code of Professional Conduct and Ethics found in Section 1249.300 of this Part; B) Caused actual harm to any consumer or member of the public; or C) Are reasonably likely to cause harm to any consumer or member of the public in the future. 2) Dishonorable, unethical or unprofessional conduct includes, but is not limited to: A) Disclosing financial or other confidential information regarding the deceased or the person providing for the burial; B) Discrimination based on race, color, sex, sexual orientation, age, religion, national origin, or other characteristics protected by applicable laws. A religious cemetery may restrict its services to those of the same religious faith; C) Intentionally or recklessly not providing adequate protection in upholding the sanctity of handling and disposition of human remains;
  • 63. ILLINOIS REGISTER 11087 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES D) Intentionally or recklessly misrepresenting any laws concerning burial or funeral regulations; and E) Defrauding or deceiving the consumer by misrepresenting goods or services sold. b) Professional Incompetence 1) In determining what constitutes professional incompetence, the Division shall consider whether the questioned activities: A) Violate standards of the profession or rules, regulations or laws governing the cemetery or profession; B) Caused actual harm to any consumer or member of the public; or C) Are reasonably likely to cause harm to any consumer or member of the public in the future. 2) Professional incompetence includes, but is not limited to: A) Negligent failure to keep accurate and complete records, including failure to include all prices or goods/services in the contract or failure to give a receipt for full or partial payment; B) Negligently misrepresenting rules, regulations or laws governing the cemetery or profession; or C) Negligently misrepresenting goods or services sold. SUBPART E: ENFORCEMENT AND DISCIPLINARY PROCEEDINGSSection 1249.400 Mediation of Complaints against Cemetery Authorities Maintaining aPartial Exemption a) After the Division receives a complaint against a cemetery authority maintaining a partial exemption and determines the complaint has a reasonable basis, the Division shall inform the cemetery authority of the complaint in writing.
  • 64. ILLINOIS REGISTER 11088 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES b) Within 30 days after receiving a written notice of complaint from the Division, the cemetery authority shall tender a written response to the complainant. A copy of the written response shall also be delivered to the Division. If the complaint involved an alleged violation of Section 20-5 of the Act, the 30 day period for written response shall include the opportunity to cure the violation under Section 1249.420. c) If the cemetery authority claims the complaint is resolved or the alleged violation of Section 20-5 of the Act has been cured following the delivery of the written response, the Division shall verify the resolution. If the written response fails to resolve the complaint, the Division shall attempt to resolve the complaint telephonically with the parties involved. d) If the complaint is not resolved telephonically, a representative of the cemetery authority and the complainant shall make themselves available for face-to-face mediation. A Division representative appointed by the Secretary shall act as the mediator according to accepted standards of alternative dispute resolution. The fee for the mediation specified in Section 1249.20(e) shall be paid for by the cemetery authority if the mediator determines that the complaint is not frivolous. The cost of mediation of complaints deem frivolous by the Division shall be borne by the Division.Section 1249.410 Violation Citations a) In lieu of the disciplinary procedures contained in Section 25-10 of the Act, the Division may dispose of any violation designated in this Section by issuing a citation to the subject within six months after the Division receives notice of the violation. b) The following are violations that may result in a monetary penalty through the citation process: 1) Failure to notify the Division within 14 days after any change of address in accordance with Section 5-15 of the Act; 2) Failure to maintain the cemetery in accordance with Section 20-5 of the Act; 3) Failure to comply with the vehicle traffic control procedures under Section
  • 65. ILLINOIS REGISTER 11089 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES 20-8 of the Act; 4) Failure to display a license in violation of Section 20-20 of the Act; or 5) Failure of a licensee to respond to a written request within 10 days in violation of Section 25-10(a)(8) of the Act.Section 1249.420 Opportunity to Cure Violation a) A cemetery authority accused of violating Section 20-5 of the Act shall have a reasonable opportunity to cure the violation. The cemetery authority shall have 10 business days from receipt of notice to cure the violation. b) If a cemetery authority cannot cure the violation in the time allotted by subsection (a), the cemetery authority may request a time extension in order to cure the violation. The request for an extension shall be made in writing to the Division and must be postmarked within the time allotted to cure in subsection (a). The request shall outline all reasons for the extension and an estimated date by which the cure will be accomplished. Acceptable reasons include, but are not limited to, delays caused by weather conditions, season or climate; equipment failures or acquisitions of materials or supplies being addressed by the authority in a timely manner; unexpected temporary absences of personnel; etc. The Division may approve or deny the extension. If the extension is denied, the cemetery authority must cure the violation within 10 days after the date of receipt of the Divisions extension denial.Section 1249.430 Cemetery Audits and Examinations a) The cost of a cemetery examination conducted pursuant to Section 5-25 or 15-40 of the Act shall be borne by the cemetery authority. The charge made by the Division for the cemetery examination conducted pursuant to Section 5-25 or 15- 40 or the Act shall be based upon the total amount of care funds held by the cemetery authority as of the end of the calendar year for which a report is required by Section 20-25 of the Act and shall be in accordance with the following schedule: less than $10,000....................................................................................... no charge $10,000 or more but less than $25,000...................................................... $25 $25,000 or more but less than $50,000...................................................... $50
  • 66. ILLINOIS REGISTER 11090 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES $50,000 or more but less than $100,000.................................................... $75 $100,000 or more but less than $250,000.................................................. $100 $250,000 or more but less than $500,000.................................................. $150 $500,000 or more but less than $1,000,000............................................... $175 $1,000,000 or more but less than $5,000,000............................................ $200 $5,000,000 or more but less than $10,000,000.......................................... $250 $10,000,000 or more but less than $25,000,000........................................ $300 $25,000,000 or more.................................................................................. $350 b) Prior to ordering an additional audit or examination under Section 15-40(b) of the Act, the Division shall request the licensed cemetery authority to respond and comment upon the factors identified by the Division as warranting the subsequent examination or audit. The licensee shall have 30 days to provide a response to the Division. If the Division decides to proceed with the additional examination or audit, the licensee shall bear the full cost of that examination or audit, up to a maximum of $7,500. The Division may elect to pay for the examination or audit and receive reimbursement from the licensee. Payment of the costs of the examination or audit by a licensee shall be a condition of receiving or maintaining a license under this Act.Section 1249.440 Annual Reports a) Every licensed cemetery authority shall prepare a written report as provided for in Section 20-25 of the Act showing: 1) The amount of the principal of the care funds held in trust by the care funds trustee at the beginning of the reporting period, and all moneys or property received during the reporting period: through the sale of a lot, grave, crypt or niche; under the terms of the contract authorized by the Act; as a gift, grant, legacy, payment or other contribution made either prior to or subsequent to March 1, 2010; and under any contract or conveyance made prior to or subsequent to March 1, 2010; 2) The securities in which the care funds are invested and the cash on hand as of the date of the report; 3) The income received from the care funds during the reporting period; 4) The expenditures made during the reporting period from received income;
  • 67. ILLINOIS REGISTER 11091 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES and 5) The number of interments, entombments and inurnments sold during the reporting period.b) When any of the care funds of a licensee are held by an independent trustee, the report filed by the licensee shall contain a certificate signed by the care funds trustee certifying the truthfulness of the statements in the report as to: 1) The total amount of principal of the care funds held by the trustee; 2) The securities in which the care funds are invested and the cash on hand as of the date of the report; and 3) The income received from the care funds during the reporting period.c) Annual reports must be received by the Division on or before April 15 of each year. The Division may grant extensions for the filing of the annual report upon the reasonable written request of the licensee. A request for an extension must be delivered to the Division by April 1. If the Division denies the extension request, the licensee shall have 2 weeks from the date of notice of denial to tender the annual report.d) The Division shall issue a fine of $25 per day for each day beyond April 15 that the report is not filed. Any fine imposed for a failure to submit a timely report shall be paid within 60 days after the effective date of the order imposing the fine, unless the time is extended, the fine is reduced, or the fine is otherwise waived at the discretion of the Division.e) The annual report shall be made under oath and shall be in the form furnished by the Division. Each report shall be accompanied by a check or money order in the amount of $25, payable to the Illinois Department of Financial and Professional Regulation, or by credit card if the report is submitted to the Department through its electronic filing system.f) If any annual report shows that the amount of the care funds held in trust at the end of the reporting period has increased over the amount in the preceding annual report, then the care fund security that is designated by the Act for the benefit of the care funds shall be increased to the amount required by Section 1249.130. The
  • 68. ILLINOIS REGISTER 11092 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULES increased care fund security shall accompany the report. Each annual report shall also provide the liability security required by the Act. No report shall be accepted by the Division unless accompanied by the proof of care fund and liability security required by Section 10-20(b) of the Act, except when the filing of the care fund security is excused by the Division pursuant to Section 10-20(b) of the Act and Section 1249.130 of this Part.Section 1249.450 Receivership a) When a cemetery authority is suspended or revoked, an unlicensed person has conducted activities requiring cemetery authority licensure under the Act, or the cemetery authority is winding up the business for dissolution, the Division, through the Attorney General, may petition the circuit courts of this State for appointment of a receiver to administer the care funds of the licensee or unlicensed person or to operate the cemetery. The Director shall appoint a receiver who shall, under the Directors direction, for the purpose of receivership, take possession of and title to the books, records and assets of the cemetery authority. The Director shall require of the receiver such security as he or she deems proper. The receiver may operate the cemetery until the Director determines that the business is dissolved or possession should be restored to the licensee. b) In the case of dissolution, upon the order of a circuit court, the receiver may sell or compound any bad or doubtful debt and may sell the personal property of the cemetery on terms approved by the court. The receiver shall succeed to whatever rights or remedies the unsecured creditors of the cemetery may have against the owners, operators, stockholders, directors, members, managers or officers arising out of their claims against the cemetery. Nothing shall prevent creditors from filing their claims in the liquidation proceeding. c) All expenses of the receivership, including reasonable receivers and attorneys fees approved by the Director, and all expenses of any preliminary or other examinations into the condition of the cemetery or receivership, and all expenses incident to the possession and control of any property or records of the cemetery incurred by the Division shall be paid out of the assets of the cemetery. The foregoing expenses shall be paid prior to and ahead of all claims.Section 1249.460 Grants under Cemetery Relief Fund
  • 69. ILLINOIS REGISTER 11093 11 DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION NOTICE OF PROPOSED RULESUnits of local government and not-for-profit organizations, including, but not limited to, not-for-profit cemetery authorities, may apply to the Division on forms provided by the Division forgrants to clean up cemeteries that have been abandoned or neglected or that are otherwise in needof additional care.Section 1249.470 Claim Procedure for Liability SecurityAny party entitled to compensation may: for liability insurance, use the appropriate formsprovided by the insurer; for letter of credit, use the appropriate method for compensation by theissuer; and, for self-insurance, receive compensation directly from the cemetery authority.
  • 70. ILLINOIS REGISTER 11094 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENT1) Heading of the Part: Rights and Responsibilities2) Code Citation: 89 Ill. Adm. Code 1023) Section Number: Proposed Action: 102.210 Amendment4) Statutory Authority: Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/12-13] and the Medicare Improvements for Patients and Providers Act of 2008 (110-275, 2008)5) Complete Description of the Subjects and Issues Involved: The proposed amendment is necessary to comply with the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA). MIPPA mandates expansion of eligibility for the Medicare Savings Program (MSP) and simplifies the application process for applying to the program. Persons who are eligible for Medicare Part B may also be eligible for MSP. MSP benefits include premium payments, deductibles and coinsurance for individuals based on their income.6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: None7) Will this rulemaking replace any emergency rulemaking currently in effect? No8) Does this rulemaking contain an automatic repeal date? No9) Does this rulemaking contain incorporations by reference? No10) Are there any other proposed rulemakings pending on this Part? Yes Section Numbers: Proposed Action: Illinois Register Citation: 102.80 Amendment 34 Ill. Reg. 11655; August 13, 2010 102.210 Amendment 34 Ill. Reg. 11655; August 13, 201011) Statement of Statewide Policy Objectives: This rulemaking does not affect units of local government.12) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking: Any interested parties may submit comments, data, views or arguments
  • 71. ILLINOIS REGISTER 11095 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENT concerning this proposed rulemaking. All comments must be in writing and should be addressed to: Jeanette Badrov General Counsel Illinois Department of Healthcare and Family Services 201 South Grand Avenue E., 3rd Floor Springfield IL 62763-0002 217/782-1233 The Department requests the submission of written comments within 45 days after the publication of this Notice. The Department will consider all written comments it receives during the first notice period as required by Section 5-40 of the Illinois Administrative Procedure Act [5 ILCS 100/5-40].13) Initial Regulatory Flexibility Analysis: A) Types of small businesses, small municipalities and not-for-profit corporations affected: None B) Reporting, bookkeeping or other procedures required for compliance: None C) Types of professional skills necessary for compliance: None14) Regulatory Agenda on which this rulemaking was summarized: January 2011The full text of the Proposed Amendment begins on the next page:
  • 72. ILLINOIS REGISTER 11096 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENT TITLE 89: SOCIAL SERVICESCHAPTER I: DEPARTMENT OF HEALTHCARE AND FAMILY SERVICESPUBLIC AID SUBCHAPTER a: GENERAL PROVISIONS PART 102 RIGHTS AND RESPONSIBILITIESSection102.1 Incorporation by Reference102.10 Rights of Clients102.20 Nondiscrimination102.21 Voter Registration102.25 Grievance Rights of Clients102.30 Confidentiality of Case Information102.35 Case Records102.40 Freedom of Choice102.50 Reporting Change of Circumstances102.60 Referral Requirements102.63 Reporting Child Abuse/Neglect102.66 Suitability of Home102.70 Notice to Client102.80 Right to Appeal102.81 Continuation of Assistance Pending Appeal102.82 Time Limit for Filing an Appeal102.83 Examining Department Records102.84 Child Care102.90 Voluntary Repayment of Assistance102.100 Excess Assistance (Recodified)102.110 Recoupment of Overpayments (Recodified)102.120 Correction of Underpayments102.200 Recovery of Assistance102.210 Estate Claims102.220 Real Property Liens102.230 Filing and Renewal of Liens102.235 Liens on Property of Institutionalized Recipients102.240 Foreclosure of Liens102.250 Release of Liens102.260 Personal Injury Claims102.270 Convictions of Fraud – Eligibility
  • 73. ILLINOIS REGISTER 11097 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENT102.280 Single Conviction of Fraud – Administrative Review BoardAUTHORITY: Implementing Article XI and authorized by Section 12-13 of the Illinois PublicAid Code [305 ILCS 5/Art. XI and 12-13] implementing and authorized by Executive Order2005-3, effective July 1, 2005.SOURCE: Filed and effective December 31, 1977; peremptory rule at 2 Ill. Reg. 52, p. 449,effective December 13, 1978; amended at 2 Ill. Reg. 52, p. 462, December 23, 1978; peremptoryamendment at 3 Ill. Reg. 11, p. 39, effective March 1, 1979; amended at 3 Ill. Reg. 41, p. 167,effective October 1, 1979; amended at 3 Ill. Reg. 43, p. 196, effective October 15, 1979;amended at 5 Ill. Reg. 8035, effective July 27, 1981; amended at 5 Ill. Reg. 10775, effectiveOctober 1, 1981; amended at 6 Ill. Reg. 894, effective January 7, 1982; codified at 7 Ill. Reg.5706; amended at 7 Ill. Reg. 8350, effective July 1, 1983; amended at 8 Ill. Reg. 18910, effectiveSeptember 26, 1984; amended at 9 Ill. Reg. 327, effective December 31, 1984; amended at 9 Ill.Reg. 3730, effective March 13, 1985; amended at 9 Ill. Reg. 6812, effective April 26, 1985;amended at 9 Ill. Reg. 7162, effective May 1, 1985; amended at 9 Ill. Reg. 13091, effectiveAugust 16, 1985; amended at 9 Ill. Reg. 14704, effective September 13, 1985; amended at 9 Ill.Reg. 15912, effective October 4, 1985; amended at 10 Ill. Reg. 3981, effective February 22,1986; amended at 10 Ill. Reg. 14795, effective August 29, 1986; amended at 10 Ill. Reg. 19088,effective October 24, 1986; Sections 102.100 and 102.110 recodified to 89 Ill. Adm. Code 165 at10 Ill. Reg. 21094; amended at 11 Ill. Reg. 14067, effective August 10, 1987; amended at 11 Ill.Reg. 18239, effective October 30, 1987; amended at 12 Ill. Reg. 3735, effective February 5,1988; amended at 13 Ill. Reg. 3940, effective March 10, 1989; amended at 14 Ill. Reg. 13279,effective August 6, 1990; emergency amendment at 14 Ill. Reg. 20078, effective December 3,1990, for a maximum of 150 days; amended at 15 Ill. Reg. 7202, effective April 30, 1991;amended at 18 Ill. Reg. 273, effective December 28, 1993; amended at 18 Ill. Reg. 8938,effective June 3, 1994; amended at 19 Ill. Reg. 1108, effective January 26, 1995; emergencyamendment at 19 Ill. Reg. 12320, effective August 14, 1995, for a maximum of 150 days;amended at 20 Ill. Reg. 883, effective December 29, 1995; amended at 21 Ill. Reg. 619, effectiveJanuary 1, 1997; emergency amendment at 21 Ill. Reg. 4037, effective March 14, 1997, for amaximum of 150 days; amended at 21 Ill. Reg. 7438, effective June 1, 1997; amended at 21 Ill.Reg. 11955, effective August 13, 1997; amended at 24 Ill. Reg. 10294, effective July 1, 2000;amended at 25 Ill. Reg. 16111, effective December 1, 2001; amended at 35 Ill. Reg. ______,effective ____________.Section 102.210 Estate Claims a) Definitions in this Section are as follows:
  • 74. ILLINOIS REGISTER 11098 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENT 1) "Estate" – all real and personal property within an individuals estate as provided in Illinois probate law. For a decedent who received benefits under a long term care insurance policy in connection with which assets were disregarded, the term "estate" includes all real and personal property in which the individual had legal title or interest at the time of death (to the extent of thatsuch interest), including assets conveyed to a survivor, heir or assignee of the deceased person through joint tenancy, tenancy in common, survivorship, life estate, living trust or other arrangement. 2) "Beneficiary" – any person nominated in a will to receive an interest in property other than in a fiduciary capacity. 3) "Heir" – any person entitled under the statutes to an interest in property of a decedent.b) The Departments claim against the estate of a deceased recipient or against the estate of the recipients deceased spouse, regardless of the order of death, shall encompass: 1) All income maintenance assistance paid out at any time; and 2) All medical assistance paid out: A) at any time for a permanently institutionalized recipient whose real property is subject to the Departments lien; or B) except the costs of Community Care Program (CCP) services, prior to October 1, 1993, for a recipient while 65 years of age or older; or C) on or after October 1, 1993, for a recipient while 55 years of age or older; or D) for Medicare cost sharing expenses (Part A and B premiums, deductibles, coinsurance and copayments) made on behalf of persons described in 42 USC 1396a(a)(10)(E), when a request for payment of those expenses was received by the Department prior to January 1, 2010. Requests for payment of Medicare cost sharing expenses made after January 1, 2010 are exempt from estate
  • 75. ILLINOIS REGISTER 11099 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENT recovery.of a Qualified Medicare Beneficiary (QMB).c) The claim shall apply to assistance provided to or in behalf of a recipient on or after the following dates: Assistance Program Effective Date 1) AABD (Aged) 1) 1963 (AABD(A)) 2) AABD (Blind) 2) November 1963 and (Disabled) (AABD(B) and (D)) 3) MANG (Aged), 3) January 1, 1966 (Blind), and (Disabled) (MANG(A), (B), and (D))d) The Department shall not enforce a claim for medical assistance against any property, real or personal, of a deceased recipient while one or more of the following relatives survives: spouse of decedent, child under 21, or child over 21 who is blind or permanently and totally disabled.e) The Department shall not enforce a claim for income maintenance assistance against homestead property of a deceased recipient while the homestead is occupied by one or more of the surviving relatives previously specified.f) To avoid undue hardship, the Department will waive its right to recover from a decedents estate if pursuing recovery would cause an heir or beneficiary of the estate to become or remain eligible for a public benefit program, such as SSI, TANF or Food Stamps. The Department may limit the scope of its waiver to that portion of the estate that the heir or beneficiary would receive and pursue recovery against the balance of the estate, if any. The Department will not waive recovery despite undue hardship if payment of the claims of other estate creditors that are equal or inferior in priority to the Departments claim will exhaust the estate and defeat the purpose of the waiver. The Department will provide written notice to heirs and beneficiaries known to the Department of the opportunity, time frame and method to request a waiver of estate recovery based on undue hardship.g) The Department may defer or waive enforcement of its claim for income maintenance assistance if it determines that:
  • 76. ILLINOIS REGISTER 11100 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENT 1) The deceased recipient is survived by a dependent spouse and minor child or children; or 2) Rehabilitative training for employment or other means of self-support for the surviving spouse or children is feasible, and deferment or waiver will facilitate achievement of self-support status and prevent or reduce the likelihood of return to dependency on public assistance of the spouse or children.(Source: Amended at 35 Ill. Reg. ______, effective ____________)
  • 77. ILLINOIS REGISTER 11101 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENT1) Heading of the Part: Application Process2) Code Citation: 89 Ill. Adm. Code 1103) Section Number: Proposed Action: 110.10 Amendment4) Statutory Authority: Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/12-13] and the Medicare Improvements for Patients and Providers Act of 2008 (PL 110-275, 2008)5) Complete Description of the Subjects and Issues Involved: The proposed amendment is necessary to comply with the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA). MIPPA mandates expansion of eligibility for the Medicare Savings Program (MSP) and simplifies the application process for applying to the program. Persons who are eligible for Medicare Part B may also be eligible for MSP. MSP benefits include premium payments, deductibles and coinsurance for individuals based on their income.6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: None7) Will this rulemaking replace any emergency rulemaking currently in effect? No8) Does this rulemaking contain an automatic repeal date? No9) Does this rulemaking contain incorporations by reference? No10) Are there any other proposed rulemakings pending on this Part? No11) Statement of Statewide Policy Objectives: This rulemaking does not affect units of local government.12) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking: Any interested parties may submit comments, data, views or arguments concerning this proposed rulemaking. All comments must be in writing and should be addressed to: Jeanette Badrov
  • 78. ILLINOIS REGISTER 11102 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENT General Counsel Illinois Department of Healthcare and Family Services 201 South Grand Avenue E., 3rd Floor Springfield IL 62763-0002 217/782-1233 The Department requests the submission of written comments within 45 days after the publication of this Notice. The Department will consider all written comments it receives during the first notice period as required by Section 5-40 of the Illinois Administrative Procedure Act [5 ILCS 100/5-40].13) Initial Regulatory Flexibility Analysis: A) Types of small businesses, small municipalities and not-for-profit corporations affected: None B) Reporting, bookkeeping or other procedures required for compliance: None C) Types of professional skills necessary for compliance: None14) Regulatory Agenda on which this rulemaking was summarized: January 2011The full text of the Proposed Amendment begins on the next page:
  • 79. ILLINOIS REGISTER 11103 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENT TITLE 89: SOCIAL SERVICES CHAPTER I: DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES SUBCHAPTER b: ASSISTANCE PROGRAMS PART 110 APPLICATION PROCESSSection110.1 Incorporation by Reference110.10 Application for Assistance110.15 Local Office Action on Application for Public Assistance110.20 Time Limitations on the Disposition of an Application110.30 Approval of an Application and Initial Authorization of Financial Assistance110.32 Initial Authorization of Medical Assistance (MAG)110.34 Approval of an Application and Initial Authorization of Medical Assistance – (MANG)110.36 Initial Authorization of General Assistance – Medical110.38 General Assistance and Aid to the Medically Indigent Special Approval Provisions110.40 Denial of an ApplicationAUTHORITY: Implementing Articles III, IV, V, VI and VII and authorized by Section 12-13 ofthe Illinois Public Aid Code [305 ILCS 5/Arts. III, IV, V, VI, VII and 12-13].SOURCE: Filed and effective December 30, 1977; emergency amendment at 2 Ill. Reg. 44, p.167, effective October 19, 1978, for a maximum of 150 days; amended at 3 Ill. Reg. 5, p. 875,effective February 2, 1979; amended at 3 Ill. Reg. 44, p. 173, effective October 19, 1979;amended at 6 Ill. Reg. 8125, effective July 1, 1982; codified at 7 Ill. Reg. 5195; amended at 8 Ill.Reg. 6760, effective May 3, 1984; amended at 9 Ill. Reg. 6798, effective April 30, 1985;amended at 9 Ill. Reg. 13087, effective August 16, 1985; amended at 12 Ill. Reg. 11457,effective July 1, 1988; amended at 13 Ill. Reg. 3836, effective March 10, 1989; amended at 13Ill. Reg. 10628, effective June 22, 1989; amended at 14 Ill. Reg. 13198, effective August 6,1990; amended at 16 Ill. Reg. 16618, effective October 23, 1992; amended at 17 Ill. Reg. 640,effective December 31, 1992; emergency amendment at 19 Ill. Reg. 8429, effective June 9, 1995,for a maximum of 150 days; amended at 19 Ill. Reg. 15053, effective October 17, 1995;amended at 20 Ill. Reg. 14834, effective November 1, 1996; amended at 35 Ill. Reg. ______,effective ____________.Section 110.10 Application for Assistance
  • 80. ILLINOIS REGISTER 11104 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTa) An application is: 1) a signed request for assistance on a Department of Healthcare and Family ServicesPublic Aid ("Department") form which has been completed to the best of the clients knowledge and ability; or. 2) an electronic transmission received from the Social Security Administration on behalf of an applicant for enrollment in the Medicare Savings Program (MSP) and Low-Income Subsidy (LIS) Program pursuant to 42 USC 1320b-14(c). Such a transmission shall be treated as the initiation of an application for MSP benefits as if the application was submitted directly by the applicant.b) The application must contain: 1) an original signature or signatures. If the application does not contain an original signature or signatures, the local office shall return the application to the sender to obtain the original signature or signatures. 2) an electronic signature from the Social Security Administration pursuant to an application received under subsection (a)(2).c) The application must be signed by the applicant with the following exceptions: 1) When a conservator has been appointed for the applicant, the conservator must sign the application. 2) When the applicant is physically or mentally unable to sign the application, the application may be signed by someone acting responsibly in behalf of the applicant. 3) When application is made in behalf of a child, the childs caretaker must sign the application. 4) When the applicant has appointed an authorized representative with the Department. (An authorized representative is a person authorized by the applicant to act on his or her behalf.)
  • 81. ILLINOIS REGISTER 11105 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENT 5) When an electronic application is received from the Social Security Administration as described in subsection (a)(2).d) Application for medical assistance may be made in behalf of a deceased person. In order for payment to be made by the Department for the funeral and burial expenses of the decedent, the completed application must be received in the local office not more than 30 calendar days after the individuals death, excluding the day on which death occurred, unless delay in receipt of the form occurred through no fault of the individual applying.e) The applicant may be assisted by the Department and by individuals of the applicants choice in completing the application.f) The date of application shall be the date a completed original application is received by the local office serving the area of the State in which the applicant lives, with one exception: for applications completed by pregnant women and children under age 18 at a disproportionate share hospital or federally qualified health center, the date the application is signed by the applicant shall be the date of application.g) Medical Assistance No Grant − Aid to the Aged, Blind or Disabled (MANG) (AABD)) Application shall be made for residents of facilities operated by the Department of Human Services-MHDDMental Health and Developmental Disabilities (DMHDD) only when the services received by the residents are being provided in a covered setting. Covered setting is defined according to the services provided, the age and diagnosis of the patient and the facility certification. The following are covered settings: 1) Psychiatric Hospital Service A) Client Age: 65 and over i) Client Diagnosis: Any ii) Facility Certification: Title XVIII (Medicare) B) Client Age: Under 21 or up to age 22 when services were being received immediately prior to attaining age 21 and the treatment
  • 82. ILLINOIS REGISTER 11106 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENT plan includes re-entry into the community i) Client Diagnosis: Mentally Ill ii) Facility Certification: Joint Commission on the Accreditation of Healthcare Organizations (JCAHO) 2) Medical/Surgical Services A) Client Age: No Restrictions B) Client Diagnosis: No Restrictions C) Facility Certification: Title XVIII (Medicare) 3) Skilled Nursing Facility (SNF), Intermediate Care Facility (ICF) and Intermediate Care Facility for the Mentally Retarded (ICF-MR) Services A) Client Age: 65 and over i) Client Diagnosis: No Restriction ii) Facility Certification: By Department of Public Health for Title XX (Medicaid) B) Client Age: Up to 65 i) Client Diagnosis: Mentally Retarded ii) Facility Certification: By Department of Public Health and Title XX (Medicaid) C) Client Age: Under 21 i) Client Diagnosis: Mentally Ill ONLY ii) Facility Certification: JCAHO (Does not include ICF-MR)h) Eligibility exists only when the DHS-MHDDDMHDD patient has not been
  • 83. ILLINOIS REGISTER 11107 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENT adjudicated incompetent or if there has been an adjudication of incompetency, a conservator has been legally appointed.i) Application shall be made for a patient age 21 or over by the patient, conservator or by someone acting responsibly in the patients behalf. Application for patients under age 21 shall be made by the patients parent or parents, legal guardian or conservator.j) If the parents are unwilling to apply for assistance, the patient is not eligible.(Source: Amended at 35 Ill. Reg. ______, effective ____________)
  • 84. ILLINOIS REGISTER 11108 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS1) Heading of the Part: Medical Assistance Programs2) Code Citation: 89 Ill. Adm. Code 1203) Section Numbers: Proposed Action: 120.70 Amendment 120.73 Amendment 120.75 Amendment 120.382 Amendment4) Statutory Authority: Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/12-13] and the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA)5) Complete Description of the Subjects and Issues Involved: The proposed amendment is necessary to comply with the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA). MIPPA mandates expansion of eligibility for the Medicare Savings Program (MSP) and simplifies the application process for applying to the program. Persons who are eligible for Medicare Part B may also be eligible for MSP. MSP benefits include premium payments, deductibles and coinsurance for individuals based on their income.6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: None7) Will this rulemaking replace any emergency rulemaking currently in effect? No8) Does this rulemaking contain an automatic repeal date? No9) Does this rulemaking contain incorporations by reference? No10) Are there any other proposed rulemakings pending on this Part? Yes Sections Numbers: Proposed Action: Illinois Register Citation: 120.10 Amendment 34 Ill. Reg. 11664; August 13, 2010 120.20 Amendment 34 Ill. Reg. 11664; August 13, 2010 120.40 Repeal 34 Ill. Reg. 11664; August 13, 2010 120.60 Amendment 34 Ill. Reg. 11664; August 13, 2010 120.61 Amendment 34 Ill. Reg. 11664; August 13, 2010 120.62 Repeal 34 Ill. Reg. 11664; August 13, 2010
  • 85. ILLINOIS REGISTER 11109 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS 120.63 Repeal 34 Ill. Reg. 11664; August 13, 2010 120.65 Repeal 34 Ill. Reg. 11664; August 13, 2010 120.308 Amendment 34 Ill. Reg. 11664; August 13, 2010 120.347 Amendment 34 Ill. Reg. 11664; August 13, 2010 120.379 Amendment 34 Ill. Reg. 11664; August 13, 2010 120.380 Amendment 34 Ill. Reg. 11664; August 13, 2010 120.381 Amendment 34 Ill. Reg. 11664; August 13, 2010 120.382 Amendment 34 Ill. Reg. 11664; August 13, 2010 120.384 Amendment 34 Ill. Reg. 11664; August 13, 2010 120.385 Amendment 34 Ill. Reg. 11664; August 13, 2010 120.387 Amendment 34 Ill. Reg. 11664; August 13, 2010 120.388 Amendment 34 Ill. Reg. 11664; August 13, 2010 120.TABLE B Amendment 34 Ill. Reg. 11664; August 13, 201011) Statement of Statewide Policy Objectives: This rulemaking does not affect units of local government.12) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking: Any interested parties may submit comments, data, views or arguments concerning this proposed rulemaking. All comments must be in writing and should be addressed to: Jeanette Badrov General Counsel Illinois Department of Healthcare and Family Services 201 South Grand Avenue E., 3rd Floor Springfield IL 62763-0002 217/782-1233 The Department requests the submission of written comments within 45 days after the publication of this Notice. The Department will consider all written comments it receives during the first notice period as required by Section 5-40 of the Illinois Administrative Procedure Act [5 ILCS 100/5-40].13) Initial Regulatory Flexibility Analysis: A) Types of small businesses, small municipalities and not-for-profit corporations affected: None
  • 86. ILLINOIS REGISTER 11110 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS B) Reporting, bookkeeping or other procedures required for compliance: None C) Types of professional skills necessary for compliance: None14) Regulatory Agenda on which this rulemaking was summarized: January 2010The full text of the Proposed Amendments begins on the next page:
  • 87. ILLINOIS REGISTER 11111 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS TITLE 89: SOCIAL SERVICES CHAPTER I: DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES SUBCHAPTER b: ASSISTANCE PROGRAMS PART 120 MEDICAL ASSISTANCE PROGRAMS SUBPART A: GENERAL PROVISIONSSection120.1 Incorporation by Reference SUBPART B: ASSISTANCE STANDARDSSection120.10 Eligibility For Medical Assistance120.11 MANG(P) Eligibility120.12 Healthy Start – Medicaid Presumptive Eligibility Program For Pregnant Women120.14 Presumptive Eligibility for Children120.20 MANG(AABD) Income Standard120.30 MANG(C) Income Standard120.31 MANG(P) Income Standard120.32 FamilyCare Assist120.34 FamilyCare Share and FamilyCare Premium Level 1120.40 Exceptions To Use Of MANG Income Standard120.50 AMI Income Standard (Repealed) SUBPART C: FINANCIAL ELIGIBILITY DETERMINATIONSection120.60 Cases Other Than Long Term Care, Pregnant Women and Certain Children120.61 Cases in Intermediate Care, Skilled Nursing Care and DMHDD – MANG(AABD) and All Other Licensed Medical Facilities120.62 Department of Mental Health and Developmental Disabilities (DMHDD) Approved Home and Community Based Residential Settings Under 89 Ill. Adm. Code 140.643120.63 Department of Mental Health and Developmental Disabilities (DMHDD) Approved Home and Community Based Residential Settings120.64 MANG(P) Cases
  • 88. ILLINOIS REGISTER 11112 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS120.65 Department of Mental Health and Developmental Disabilities (DMHDD) Licensed Community – Integrated Living Arrangements SUBPART D: MEDICARE PREMIUMSSection120.70 Supplementary Medical Insurance Benefits (SMIB) Buy-In Program120.72 Eligibility for Medicare Cost Sharing as a Qualified Medicare Beneficiary (QMB)120.73 Eligibility for Medicaid Payment of Medicare Part B Premiums foras a Specified Low-Income Medicare Beneficiaries (SLIB) and Qualified Individidual-1s (QI-1)Beneficiary (SLIB)120.74 Qualified Medicare Beneficiary (QMB) Income Standard120.75 Specified Low-Income Medicare Beneficiaries Beneficiary (SLIB) and Qualified Individual-1 (QI-1) Income Standards120.76 Hospital Insurance Benefits (HIB) SUBPART E: RECIPIENT RESTRICTION PROGRAMSection120.80 Recipient Restriction Program SUBPART F: MIGRANT MEDICAL PROGRAMSection120.90 Migrant Medical Program (Repealed)120.91 Income Standards (Repealed) SUBPART G: AID TO THE MEDICALLY INDIGENTSection120.200 Elimination Of Aid To The Medically Indigent120.208 Client Cooperation (Repealed)120.210 Citizenship (Repealed)120.211 Residence (Repealed)120.212 Age (Repealed)120.215 Relationship (Repealed)120.216 Living Arrangement (Repealed)120.217 Supplemental Payments (Repealed)120.218 Institutional Status (Repealed)
  • 89. ILLINOIS REGISTER 11113 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS120.224 Foster Care Program (Repealed)120.225 Social Security Numbers (Repealed)120.230 Unearned Income (Repealed)120.235 Exempt Unearned Income (Repealed)120.236 Education Benefits (Repealed)120.240 Unearned Income In-Kind (Repealed)120.245 Earmarked Income (Repealed)120.250 Lump Sum Payments and Income Tax Refunds (Repealed)120.255 Protected Income (Repealed)120.260 Earned Income (Repealed)120.261 Budgeting Earned Income (Repealed)120.262 Exempt Earned Income (Repealed)120.270 Recognized Employment Expenses (Repealed)120.271 Income From Work/Study/Training Program (Repealed)120.272 Earned Income From Self-Employment (Repealed)120.273 Earned Income From Roomer and Boarder (Repealed)120.275 Earned Income In-Kind (Repealed)120.276 Payments from the Illinois Department of Children and Family Services (Repealed)120.280 Assets (Repealed)120.281 Exempt Assets (Repealed)120.282 Asset Disregards (Repealed)120.283 Deferral of Consideration of Assets (Repealed)120.284 Spend-down of Assets (AMI) (Repealed)120.285 Property Transfers (Repealed)120.290 Persons Who May Be Included in the Assistance Unit (Repealed)120.295 Payment Levels for AMI (Repealed) SUBPART H: MEDICAL ASSISTANCE – NO GRANTSection120.308 Client Cooperation120.309 Caretaker Relative120.310 Citizenship120.311 Residence120.312 Age120.313 Blind120.314 Disabled120.315 Relationship
  • 90. ILLINOIS REGISTER 11114 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS120.316 Living Arrangements120.317 Supplemental Payments120.318 Institutional Status120.319 Assignment of Rights to Medical Support and Collection of Payment120.320 Cooperation in Establishing Paternity and Obtaining Medical Support120.321 Good Cause for Failure to Cooperate in Establishing Paternity and Obtaining Medical Support120.322 Proof of Good Cause for Failure to Cooperate in Establishing Paternity and Obtaining Medical Support120.323 Suspension of Paternity Establishment and Obtaining Medical Support Upon Finding Good Cause120.324 Health Insurance Premium Payment (HIPP) Program120.325 Health Insurance Premium Payment (HIPP) Pilot Program120.326 Foster Care Program120.327 Social Security Numbers120.328 Compliance with Employment and Work Activity Requirements (Suspended; Repealed)120.329 Compliance with Non-Economic Eligibility Requirements of Article IV (Suspended; Repealed)120.330 Unearned Income120.332 Budgeting Unearned Income120.335 Exempt Unearned Income120.336 Education Benefits120.338 Incentive Allowance120.340 Unearned Income In-Kind120.342 Child Support and Spousal Maintenance Payments120.345 Earmarked Income120.346 Medicaid Qualifying Trusts120.347 Treatment of Trusts120.350 Lump Sum Payments and Income Tax Refunds120.355 Protected Income120.360 Earned Income120.361 Budgeting Earned Income120.362 Exempt Earned Income120.363 Earned Income Disregard – MANG(C)120.364 Earned Income Exemption120.366 Exclusion From Earned Income Exemption120.370 Recognized Employment Expenses120.371 Income From Work/Study/Training Programs
  • 91. ILLINOIS REGISTER 11115 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS120.372 Earned Income From Self-Employment120.373 Earned Income From Roomer and Boarder120.375 Earned Income In-Kind120.376 Payments from the Illinois Department of Children and Family Services120.379 Provisions for the Prevention of Spousal Impoverishment120.380 Assets120.381 Exempt Assets120.382 Asset Disregard120.383 Deferral of Consideration of Assets120.384 Spenddown of Assets (AABD MANG)120.385 Property Transfers for Applications Filed Prior to October 1, 1989 (Repealed)120.386 Property Transfers Occurring On or Before August 10, 1993120.387 Property Transfers Occurring On or After August 11, 1993120.390 Persons Who May Be Included In the Assistance Unit120.391 Individuals Under Age 18 Who Do Not Qualify For AFDC/AFDC-MANG And Children Born October 1, 1983, or Later120.392 Pregnant Women Who Would Not Be Eligible For AFDC/AFDC-MANG If The Child Were Already Born Or Who Do Not Qualify As Mandatory Categorically Needy120.393 Pregnant Women And Children Under Age Eight Years Who Do Not Qualify As Mandatory Categorically Needy Demonstration Project120.395 Payment Levels for MANG (Repealed)120.399 Redetermination of Eligibility120.400 Twelve Month Eligibility for Persons under Age 19 SUBPART I: SPECIAL PROGRAMSSection120.500 Health Benefits for Persons with Breast or Cervical Cancer120.510 Health Benefits for Workers with Disabilities120.520 SeniorCare (Repealed)120.530 Home and Community Based Services Waivers for Medically Fragile, Technology Dependent, Disabled Persons Under Age 21120.540 Illinois Healthy Women Program120.550 Asylum Applicants and Torture Victims120.TABLE A Value of a Life Estate and Remainder Interest120.TABLE B Life Expectancy
  • 92. ILLINOIS REGISTER 11116 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTSAUTHORITY: Implementing Articles III, IV, V and VI and authorized by Section 12-13 of theIllinois Public Aid Code [305 ILCS 5/Arts. III, IV, V and VI and 12-13].SOURCE: Filed effective December 30, 1977; peremptory amendment at 2 Ill. Reg. 17, p. 117,effective February 1, 1978; amended at 2 Ill. Reg. 31, p. 134, effective August 5, 1978;emergency amendment at 2 Ill. Reg. 37, p. 4, effective August 30, 1978, for a maximum of 150days; peremptory amendment at 2 Ill. Reg. 46, p. 44, effective November 1, 1978; peremptoryamendment at 2 Ill. Reg. 46, p. 56, effective November 1, 1978; emergency amendment at 3 Ill.Reg. 16, p. 41, effective April 9, 1979, for a maximum of 150 days; emergency amendment at 3Ill. Reg. 28, p. 182, effective July 1, 1979, for a maximum of 150 days; amended at 3 Ill. Reg.33, p. 399, effective August 18, 1979; amended at 3 Ill. Reg. 33, p. 415, effective August 18,1979; amended at 3 Ill. Reg. 38, p. 243, effective September 21, 1979; peremptory amendment at3 Ill. Reg. 38, p. 321, effective September 7, 1979; amended at 3 Ill. Reg. 40, p. 140, effectiveOctober 6, 1979; amended at 3 Ill. Reg. 46, p. 36, effective November 2, 1979; amended at 3 Ill.Reg. 47, p. 96, effective November 13, 1979; amended at 3 Ill. Reg. 48, p. 1, effective November15, 1979; peremptory amendment at 4 Ill. Reg. 9, p. 259, effective February 22, 1980; amendedat 4 Ill. Reg. 10, p. 258, effective February 25, 1980; amended at 4 Ill. Reg. 12, p. 551, effectiveMarch 10, 1980; amended at 4 Ill. Reg. 27, p. 387, effective June 24, 1980; emergencyamendment at 4 Ill. Reg. 29, p. 294, effective July 8, 1980, for a maximum of 150 days;amended at 4 Ill. Reg. 37, p. 797, effective September 2, 1980; amended at 4 Ill. Reg. 37, p. 800,effective September 2, 1980; amended at 4 Ill. Reg. 45, p. 134, effective October 27, 1980;amended at 5 Ill. Reg. 766, effective January 2, 1981; amended at 5 Ill. Reg. 1134, effectiveJanuary 26, 1981; peremptory amendment at 5 Ill. Reg. 5722, effective June 1, 1981; amended at5 Ill. Reg. 7071, effective June 23, 1981; amended at 5 Ill. Reg. 7104, effective June 23, 1981;amended at 5 Ill. Reg. 8041, effective July 27, 1981; amended at 5 Ill. Reg. 8052, effective July24, 1981; peremptory amendment at 5 Ill. Reg. 8106, effective August 1, 1981; peremptoryamendment at 5 Ill. Reg. 10062, effective October 1, 1981; peremptory amendment at 5 Ill. Reg.10079, effective October 1, 1981; peremptory amendment at 5 Ill. Reg. 10095, effective October1, 1981; peremptory amendment at 5 Ill. Reg. 10113, effective October 1, 1981; peremptoryamendment at 5 Ill. Reg. 10124, effective October 1, 1981; peremptory amendment at 5 Ill. Reg.10131, effective October 1, 1981; amended at 5 Ill. Reg. 10730, effective October 1, 1981;amended at 5 Ill. Reg. 10733, effective October 1, 1981; amended at 5 Ill. Reg. 10760, effectiveOctober 1, 1981; amended at 5 Ill. Reg. 10767, effective October 1, 1981; peremptoryamendment at 5 Ill. Reg. 11647, effective October 16, 1981; peremptory amendment at 6 Ill.Reg. 611, effective January 1, 1982; amended at 6 Ill. Reg. 1216, effective January 14, 1982;emergency amendment at 6 Ill. Reg. 2447, effective March 1, 1982, for a maximum of 150 days;peremptory amendment at 6 Ill. Reg. 2452, effective February 11, 1982; peremptory amendmentat 6 Ill. Reg. 6475, effective May 18, 1982; peremptory amendment at 6 Ill. Reg. 6912, effectiveMay 20, 1982; emergency amendment at 6 Ill. Reg. 7299, effective June 2, 1982, for a maximum
  • 93. ILLINOIS REGISTER 11117 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTSof 150 days; amended at 6 Ill. Reg. 8115, effective July 1, 1982; amended at 6 Ill. Reg. 8142,effective July 1, 1982; amended at 6 Ill. Reg. 8159, effective July 1, 1982; amended at 6 Ill. Reg.10970, effective August 26, 1982; amended at 6 Ill. Reg. 11921, effective September 21, 1982;amended at 6 Ill. Reg. 12293, effective October 1, 1982; amended at 6 Ill. Reg. 12318, effectiveOctober 1, 1982; amended at 6 Ill. Reg. 13754, effective November 1, 1982; amended at 7 Ill.Reg. 394, effective January 1, 1983; codified at 7 Ill. Reg. 6082; amended at 7 Ill. Reg. 8256,effective July 1, l983; amended at 7 Ill. Reg. 8264, effective July 5, l983; amended (by addingSection being codified with no substantive change) at 7 Ill. Reg. 14747; amended (by addingSections being codified with no substantive change) at 7 Ill. Reg. 16108; amended at 8 Ill. Reg.5253, effective April 9, 1984; amended at 8 Ill. Reg. 6770, effective April 27, 1984; amended at8 Ill. Reg. 13328, effective July 16, 1984; amended (by adding Sections being codified with nosubstantive change) at 8 Ill. Reg. 17897; amended at 8 Ill. Reg. 18903, effective September 26,1984; peremptory amendment at 8 Ill. Reg. 20706, effective October 3, 1984; amended at 8 Ill.Reg. 25053, effective December 12, 1984; emergency amendment at 9 Ill. Reg. 830, effectiveJanuary 3, 1985, for a maximum of 150 days; amended at 9 Ill. Reg. 4515, effective March 25,1985; amended at 9 Ill. Reg. 5346, effective April 11, 1985; amended at 9 Ill. Reg. 7153,effective May 6, 1985; amended at 9 Ill. Reg. 11346, effective July 8, 1985; amended at 9 Ill.Reg. 12298, effective July 25, 1985; amended at 9 Ill. Reg. 12823, effective August 9, 1985;amended at 9 Ill. Reg. 15903, effective October 4, 1985; amended at 9 Ill. Reg. 16300, effectiveOctober 10, 1985; amended at 9 Ill. Reg. 16906, effective October 18, 1985; amended at 10 Ill.Reg. 1192, effective January 10, 1986; amended at 10 Ill. Reg. 3033, effective January 23, 1986;amended at 10 Ill. Reg. 4907, effective March 7, 1986; amended at 10 Ill. Reg. 6966, effectiveApril 16, 1986; amended at 10 Ill. Reg. 10688, effective June 3, 1986; amended at 10 Ill. Reg.12672, effective July 14, 1986; amended at 10 Ill. Reg. 15649, effective September 19, 1986;amended at 11 Ill. Reg. 3992, effective February 23, 1987; amended at 11 Ill. Reg. 7652,effective April 15, 1987; amended at 11 Ill. Reg. 8735, effective April 20, 1987; emergencyamendment at 11 Ill. Reg. 12458, effective July 10, 1987, for a maximum of 150 days; amendedat 11 Ill. Reg. 14034, effective August 14, 1987; amended at 11 Ill. Reg. 14763, effective August26, 1987; amended at 11 Ill. Reg. 20142, effective January 1, 1988; amended at 11 Ill. Reg.20898, effective December 14, 1987; amended at 12 Ill. Reg. 904, effective January 1, 1988;amended at 12 Ill. Reg. 3516, effective January 22, 1988; amended at 12 Ill. Reg. 6234, effectiveMarch 22, 1988; amended at 12 Ill. Reg. 8672, effective May 13, 1988; amended at 12 Ill. Reg.9132, effective May 20, 1988; amended at 12 Ill. Reg. 11483, effective June 30, 1988;emergency amendment at 12 Ill. Reg. 11632, effective July 1, 1988, for a maximum of 150 days;emergency amendment at 12 Ill. Reg. 11839, effective July 1, 1988, for a maximum of 150 days;amended at 12 Ill. Reg. 12835, effective July 22, 1988; emergency amendment at 12 Ill. Reg.13243, effective July 29, 1988, for a maximum of 150 days; amended at 12 Ill. Reg. 17867,effective October 30, 1988; amended at 12 Ill. Reg. 19704, effective November 15, 1988;amended at 12 Ill. Reg. 20188, effective November 23, 1988; amended at 13 Ill. Reg. 116,
  • 94. ILLINOIS REGISTER 11118 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTSeffective January 1, 1989; amended at 13 Ill. Reg. 2081, effective February 3, 1989; amended at13 Ill. Reg. 3908, effective March 10, 1989; emergency amendment at 13 Ill. Reg. 11929,effective June 27, 1989, for a maximum of 150 days; emergency expired November 25, 1989;emergency amendment at 13 Ill. Reg. 12137, effective July 1, 1989, for a maximum of 150 days;amended at 13 Ill. Reg. 15404, effective October 6, 1989; emergency amendment at 13 Ill. Reg.16586, effective October 2, 1989, for a maximum of 150 days; emergency expired March 1,1990; amended at 13 Ill. Reg. 17483, effective October 31, 1989; amended at 13 Ill. Reg. 17838,effective November 8, 1989; amended at 13 Ill. Reg. 18872, effective November 17, 1989;amended at 14 Ill. Reg. 760, effective January 1, 1990; emergency amendment at 14 Ill. Reg.1494, effective January 2, 1990, for a maximum of 150 days; amended at 14 Ill. Reg. 4233,effective March 5, 1990; emergency amendment at 14 Ill. Reg. 5839, effective April 3, 1990, fora maximum of 150 days; amended at 14 Ill. Reg. 6372, effective April 16, 1990; amended at 14Ill. Reg. 7637, effective May 10, 1990; amended at 14 Ill. Reg. 10396, effective June 20, 1990;amended at 14 Ill. Reg. 13227, effective August 6, 1990; amended at 14 Ill. Reg. 14814,effective September 3, 1990; amended at 14 Ill. Reg. 17004, effective September 30, 1990;emergency amendment at 15 Ill. Reg. 348, effective January 1, 1991, for a maximum of 150days; amended at 15 Ill. Reg. 5302, effective April 1, 1991; amended at 15 Ill. Reg. 10101,effective June 24, 1991; amended at 15 Ill. Reg. 11973, effective August 12, 1991; amended at15 Ill. Reg. 12747, effective August 16, 1991; amended at 15 Ill. Reg. 14105, effectiveSeptember 11, 1991; amended at 15 Ill. Reg. 14240, effective September 23, 1991; amended at16 Ill. Reg. 139, effective December 24, 1991; amended at 16 Ill. Reg. 1862, effective January20, 1992; amended at 16 Ill. Reg. 10034, effective June 15, 1992; amended at 16 Ill. Reg. 11582,effective July 15, 1992; amended at 16 Ill. Reg. 17290, effective November 3, 1992; amended at17 Ill. Reg. 1102, effective January 15, 1993; amended at 17 Ill. Reg. 6827, effective April 21,1993; amended at 17 Ill. Reg. 10402, effective June 28, 1993; amended at 18 Ill. Reg. 2051,effective January 21, 1994; amended at 18 Ill. Reg. 5934, effective April 1, 1994; amended at 18Ill. Reg. 8718, effective June 1, 1994; amended at 18 Ill. Reg. 11231, effective July 1, 1994;amended at 19 Ill. Reg. 2905, effective February 27, 1995; emergency amendment at 19 Ill. Reg.9280, effective July 1, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 11931,effective August 11, 1995; amended at 19 Ill. Reg. 15079, effective October 17, 1995; amendedat 20 Ill. Reg. 5068, effective March 20, 1996; amended at 20 Ill. Reg. 15993, effectiveDecember 9, 1996; emergency amendment at 21 Ill. Reg. 692, effective January 1, 1997, for amaximum of 150 days; amended at 21 Ill. Reg. 7423, effective May 31, 1997; amended at 21 Ill.Reg. 7748, effective June 9, 1997; amended at 21 Ill. Reg. 11555, effective August 1, 1997;amended at 21 Ill. Reg. 13638, effective October 1, 1997; emergency amendment at 22 Ill. Reg.1576, effective January 5, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 7003,effective April 1, 1998; amended at 22 Ill. Reg. 8503, effective May 1, 1998; amended at 22 Ill.Reg. 16291, effective August 28, 1998; emergency amendment at 22 Ill. Reg. 16640, effectiveSeptember 1, 1998, for a maximum of 150 days; amended at 22 Ill. Reg. 19875, effective
  • 95. ILLINOIS REGISTER 11119 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTSOctober 30, 1998; amended at 23 Ill. Reg. 2381, effective January 22, 1999; amended at 23 Ill.Reg. 11301, effective August 27, 1999; amended at 24 Ill. Reg. 7361, effective May 1, 2000;emergency amendment at 24 Ill. Reg. 10425, effective July 1, 2000, for a maximum of 150 days;amended at 24 Ill. Reg. 15075, effective October 1, 2000; amended at 24 Ill. Reg. 18309,effective December 1, 2000; amended at 25 Ill. Reg. 8783, effective July 1, 2001; emergencyamendment at 25 Ill. Reg. 10533, effective August 1, 2001, for a maximum of 150 days;amended at 25 Ill. Reg. 16098, effective December 1, 2001; amended at 26 Ill. Reg. 409,effective December 28, 2001; emergency amendment at 26 Ill. Reg. 8583, effective June 1, 2002,for a maximum of 150 days; amended at 26 Ill. Reg. 9843, effective June 26, 2002; emergencyamendment at 26 Ill. Reg. 11029, effective July 1, 2002, for a maximum of 150 days; emergencyamendment at 26 Ill. Reg. 15051, effective October 1, 2002, for a maximum of 150 days;amended at 26 Ill. Reg. 16288, effective October 25, 2002; amended at 27 Ill. Reg. 4708,effective February 25, 2003; emergency amendment at 27 Ill. Reg. 10793, effective July 1, 2003,for a maximum of 150 days; amended at 27 Ill. Reg. 18609, effective November 26, 2003;amended at 28 Ill. Reg. 4701, effective March 3, 2004; amended at 28 Ill. Reg. 6139, effectiveApril 1, 2004; emergency amendment at 28 Ill. Reg. 6610, effective April 19, 2004, for amaximum of 150 days; emergency amendment at 28 Ill. Reg. 7152, effective May 3, 2004, for amaximum of 150 days; amended at 28 Ill. Reg. 11149, effective August 1, 2004; emergencyamendment at 28 Ill. Reg. 12921, effective September 1, 2004, for a maximum of 150 days;amended at 28 Ill. Reg. 13621, effective September 28, 2004; amended at 28 Ill. Reg. 13760,effective October 1, 2004; amended at 28 Ill. Reg. 14541, effective November 1, 2004; amendedat 29 Ill. Reg. 820, effective January 1, 2005; amended at 29 Ill. Reg. 10195, effective June 30,2005; amended at 29 Ill. Reg. 14939, effective September 30, 2005; emergency amendment at 30Ill. Reg. 521, effective January 1, 2006, for a maximum of 150 days; amended at 30 Ill. Reg.10314, effective May 26, 2006; emergency amendment at 30 Ill. Reg. 15029, effectiveSeptember 1, 2006, for a maximum of 150 days; amended at 31 Ill. Reg. 2629, effective January28, 2007; emergency amendment at 31 Ill. Reg. 7323, effective May 1, 2007, for a maximum of150 days; amended at 31 Ill. Reg. 11667, effective August 1, 2007; amended at 31 Ill. Reg.12756, effective August 27, 2007; emergency amendment at 31 Ill. Reg. 15854, effectiveNovember 7, 2007, for a maximum of 150 days; emergency rule suspended at 31 Ill. Reg. 16060,effective November 13, 2007; emergency rule repealed, effective May 10, 2008; peremptoryamendment at 32 Ill. Reg. 7212, effective April 21, 2008; peremptory amendment suspended at32 Ill. Reg. 8450, effective May 20, 2008; peremptory amendment repealed under Section 5-125of the Illinois Administrative Procedure Act, effective November 16, 2008; amended at 32 Ill.Reg. 17428, effective November 1, 2008; peremptory amendment at 32 Ill. Reg. 18889, effectiveNovember 18, 2008; peremptory amendment suspended at 32 Ill. Reg. 18906, effectiveNovember 19, 2008; suspension withdrawn by the Joint Committee on Administrative Rules at33 Ill. Reg. 6551, effective April 28, 2009; peremptory amendment repealed by emergencyrulemaking at 33 Ill. Reg. 6712, effective April 28, 2009, for a maximum of 150 days; amended
  • 96. ILLINOIS REGISTER 11120 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTSat 33 Ill. Reg. 1681, effective February 1, 2009; amended at 33 Ill. Reg. 2289, effective March 1,2009; emergency amendment at 33 Ill. Reg. 5802, effective April 2, 2009, for a maximum of 150days; emergency expired August 29, 2009; emergency amendment at 33 Ill. Reg. 10785,effective June 30, 2009, for a maximum of 150 days; amended at 33 Ill. Reg. 12703, effectiveSeptember 7, 2009; amended at 33 Ill. Reg. 15707, effective November 2, 2009; amended at 33Ill. Reg. 17070, effective December 2, 2009; amended at 34 Ill. Reg. 889, effective December30, 2009; emergency rulemaking at 34 Ill. Reg. 13538, effective September 1, 2010, for amaximum of 150 days; amended at 35 Ill. Reg. 379, effective December 27, 2010; amended at35 Ill. Reg. 979, effective January 1, 2011; amended at 35 Ill. Reg. ______, effective____________. SUBPART D: MEDICARE PREMIUMSSection 120.70 Supplementary Medical Insurance Benefits (SMIB) Buy-In Program a) The Department shall pay the premium for Supplementary Medical Insurance benefits (SMIB) (Part B of Medicare) for specified clients in accordance with the buy-in agreement with the Social Security Administration (SSA) and the Medicare Catastrophic Coverage Act of 1988 (P.L. 100-360). Individuals may previously have enrolled in SMIB themselves or they will be enrolled by the Department. b) Eligible Individuals 1) The Department shall pay the SMIB premium for the following individuals: A) individuals who receive financial assistance (including zero grant) under the AABD or TANFAFDC program; B) individuals who, except for the Social Security benefit increase of 1972 (42 CFR 435.134), would still be eligible to receive cash assistance as an aged, blind or disabled person (89 Ill. Adm. Code 113) and who are eligible for both SMIB and medical assistance;the Departments Medicaid program (89 Ill. Adm. Code 120); C) individuals with Supplemental Security Income (SSI) income who receive full Medicaid benefits under the AABD program; and
  • 97. ILLINOIS REGISTER 11121 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS D) Qualified Medicare Beneficiaries (QMBs)(QMB)s (see Section 120.72);. E) Specified Low-Income Medicare Beneficiaries (SLIBs) (see Section 120.73(b))(SLIBs); and F) to the extent federal matching funds are available, Qualified Individual-1s (QI-1s) (see Section 120.73(c)). 2) Individuals who qualify under subsections (b)(1)(A) throughthru (b)(1)(C) above may include individuals not eligible for Part A of Medicare (see Title XVIII of the Social Security Act).c) Beginning Eligibility 1) Individuals who qualify under subsectionsubsections (b)(1)(A), (b)(1)(B) or (b)(1)(C) shall be added to the SMIB Buy-in Program for the first month in which they are eligible for both SMIB enrollment and medical assistance. Recipients shall remain in the Buy-in Program while in $0 grant status and for any month in which they qualify under subsections (b)(1)(A) throughthru (b)(1)(D) above. 2) Individuals who qualify under subsection (b)(1)(D) shall be added to the SMIB Buy-in Program for the first month following the month in which they are determined eligible for QMB status. Recipients shall remain in the SMIB Buy-in Program for any month in which they qualify under subsectionssubsection (b)(1)(A) throughthru (b)(1)(D) above. 3) Individuals who qualify under subsection (b)(1)(E) may be added to the SMIB Buy-in Program effective three months prior to the month of application for SLIB or QI-1 benefits only or SLIB or QI-1 benefits and medical assistance. For persons for whom an electronic application from the Social Security Administration (SSA) (pursuant to 89 Ill. Adm. Code 110.10(a)(2)) is received and who the Department determines qualify as SLIBs or QI-1s, eligibility may begin up to three months prior to the application with SSA for low income subsidies (LIS) under 42 USC 1395w-114, as that application date is indicated in the electronic transmission to the Department from SSA. Eligibility for each of the three
  • 98. ILLINOIS REGISTER 11122 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS months prior to the LIS application must be established. (Source: Amended at 35 Ill. Reg. ______, effective ____________)Section 120.73 Eligibility for Medical Payment of Medicare Part B Premiums foras aSpecified Low-Income Medicare Beneficiaries (SLIB) and Qualified Individidual-1s(QI-1)Beneficiary (SLIB) a) To the extent permitted under federal law (42 USC 1396a(a)(10)), eligibility Eligibility for Medicaid payment of Medicare Part B premiums exists for Specified Low-Income Medicare Beneficiaries (SLIB) and Qualified Individual- 1s (QI-1)(SLIBs). b) A SLIB is an individual who: 1) is a beneficiary of Medicare Part A (i.e., Hospital Insurance); 2) meets the general non-financial factors of eligibility for the Medicaid Program (see Sections 120.310, 120.311, 120.319 and 120.325); 3) has countable monthly income which greater than 100 percent of the Federal Poverty Level (FPL), but less than 120 percent of the FPLexceeds the Qualified Medicare Beneficiary (QMB) income standard (see Section 120.74), but is less than or equal to the SLIB income standard (see Section 120.75); and 4) has countable assets thatwhich do not exceed the QMB asset disregard (see Section 120.382(f)(1)(d)). c) A QI-1 is an individual who: 1) is a beneficiary of Medicare Part A (i.e., Hospital Insurance); 2) meets the general non-financial factors of eligibility for the Medicaid Program (see Sections 120.310, 120.311, 120.319 and 120.325); 3) has countable monthly income that is at least 120 percent of the FPL, but less than 135 percent of the FPL;
  • 99. ILLINOIS REGISTER 11123 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS 4) has countable assets that do not exceed the QMB asset disregard (see Section 120.382(f)(1)); 5) is not otherwise eligible for medical assistance; and 6) has been selected as a qualifying individual as provided under 42 USC 1396u-3.db) In determining countable monthly incomeWhen considering Social Security Benefits, the monthly amount of Social Security benefits to consider for January through the month following the month in which the annual Federal Poverty Level (FPL) amounts are announced will not include the annual Retirement Survivors Disability Insurance (RSDI) Cost of Living Adjustment (COLA). For all other months of the year, the full amount of RSDI benefits will be considered.c) SLIBs with incomes from 100 percent of the FPL up to 120 percent of the FPL may be eligible for the full range of Medicaid services (see 89 Ill. Adm. Code 140) only if they meet all eligibility requirements for Medicaid (see 89 Ill. Adm. Code 120).d) Individuals with incomes of at least 120 percent of the FPL but less than 175 percent of the FPL, who receive Medicaid benefits, are not eligible for the benefits described in subsection (g) of this Section.e) Eligibility for paymentMedicaid Payment of Medicare Part B premiums may be effective up to three months prior to the month of application.f) Eligibility for SLIB status will be redetermined at least every 12 months.g) SLIBs with incomes from 100 percent of the FPL up to 135 percent of the FPL are eligible for Medicaid payment of Medicare Part B premiums (see Title XVIII of the Social Security Act), in accordance with Sections 120.70 and 89 Ill. Adm. Code 140.21. Individuals with incomes from 135 percent of the FPL up to 175 percent of the FPL are not eligible for Medicaid payment of Part B Medicare premiums. These persons are only eligible for a monthly payment that is for the portion of Medicare cost sharing described in the Social Security Act (U.S.C. 1905(p)(3)(A)(ii)).(Source: Amended at 35 Ill. Reg. ______, effective ____________)
  • 100. ILLINOIS REGISTER 11124 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTSSection 120.75 Specified Low-Income Medicare BeneficiariesBeneficiary (SLIB) andQualified Individual-1 (QI-1) Income StandardsThe SLIB and QI-1 income standards are equal to a percentage of the then current FederalPoverty Level (FPL) Income Guidelines as published annually in the Federal Register for thesize of the household. If the households countable monthly income (see 89 Ill. Adm. Code 112,113, 120) exceeds the appropriate SLIB or QI-1 income standard, eligibility for SLIB or QI-1status does not exist. The applicable percentages are as follows: a) Effective January 5, 1998, the SLIB income standard is greater thanat least 100 percent of the FPL, but less than 120135 percent of the FPL. b) Effective January 5, 1998, the QI-1 income standard ispersons with incomes that are at least 120135 percent of the FPL, but less than 135175 percent of the FPL., may receive the special monthly payment described in Section 120.73(f). (Source: Amended at 35 Ill. Reg. ______, effective ____________) SUBPART H: MEDICAL ASSISTANCE – NO GRANTSection 120.382 Asset Disregard a) In addition to the exempt assets listed in Section 120.381, the cash value of assets shall be disregarded for AABD MANG as follows: 1a) $2,000 for a client and $3,000 for a client and one dependent residing together. 2b) $50 for each additional dependent residing in the same household. 3c) The amount equal to the sum of qualifying insurance benefit payments made as a result of coverage under a Long Term Care Partnership Insurance Policy, as described in 50 Ill. Adm. Code 2018, provided that the person has received all of the qualifying insurance benefit payments that are payable under the policy. 4d) All assets of a person who purchases a Long Term Care Partnership Insurance Policy, as described in 50 Ill. Adm. Code 2018, with coverage
  • 101. ILLINOIS REGISTER 11125 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENTS equal to the average cost of four years of long term care services in a nursing facility, provided that the person has received all of the qualifying insurance benefit payments that are payable under the policy.be) Eligibility for AABD MANG does not exist when nonexempt assets exceed the above disregard outlined in subsection (a).cf) Qualified Medicare Beneficiary (QMB), Specified Low-Income Medicare Beneficiary (SLIB), and Qualified Individual-1 (QI-1) 1) An amount not to exceed the maximum resource level applied for the year under section 1860D-14(a)(3)(D) of the Social Security Act (42 USC 1395w-114(a)(3)(D)) shall be disregarded.$4,000 for a single person and $6,000 for a person with one or more dependents. 2) Eligibility for QMB, SLIB or QI-1 status does not exist when countable assets exceed the amount specified in subsection (c)(1)above disregard.(Source: Amended at 35 Ill. Reg. ______, effective ____________)
  • 102. ILLINOIS REGISTER 11126 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENT1) Heading of the Part: Medical Payment2) Code Citation: 89 Ill. Adm. Code 1403) Section Number: Proposed Action: 140.462 Amendment4) Statutory Authority: Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/12-13]5) Complete Description of the Subjects and Issues Involved: The proposed amendment requires clinics to adhere to the group psychotherapy limitations that were implemented for physicians in 2009. Since the implementation of the group psychotherapy restriction placed on physicians in 2009, HFS has seen an increase in group psychotherapy in the clinic setting, as well as, transportation requests to these services.6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: None7) Will this rulemaking replace any emergency rulemaking currently in effect? No8) Does this rulemaking contain an automatic repeal date? No9) Does this rulemaking contain incorporations by reference? No10) Are there any other proposed rulemakings pending on this Part? Yes Section Numbers: Proposed Action: Illinois Register Citation: 140.438 Amendment 34 Ill. Reg. 10967; August 6, 2010 140.461 Amendment 34 Ill. Reg. 17799; November 29, 201011) Statement of Statewide Policy Objectives: This rulemaking does not affect units of local government.12) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking: Any interested parties may submit comments, data, views, or arguments concerning this proposed rulemaking. All comments must be in writing and should be addressed to: Jeanette Badrov
  • 103. ILLINOIS REGISTER 11127 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENT General Counsel Illinois Department of Healthcare and Family Services 201 South Grand Avenue E., 3rd Floor Springfield IL 62763-0002 217/782-1233 The Department requests the submission of written comments within 45 days after the publication of this Notice. The Department will consider all written comments it receives during the first notice period as required by Section 5-40 of the Illinois Administrative Procedure Act [5 ILCS 100/5-40].13) Initial Regulatory Flexibility Analysis: A) Types of small businesses, small municipalities and not-for-profit corporations affected: Medicaid funded clinics B) Reporting, bookkeeping or other procedures required for compliance: None C) Types of professional skills necessary for compliance: None14) Regulatory Agenda on which this Rulemaking was Summarized: This rulemaking was not anticipated by the Department when the most recent regulatory agendas were published.The full text of the Proposed Amendment begins on the next page:
  • 104. ILLINOIS REGISTER 11128 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENT TITLE 89: SOCIAL SERVICES CHAPTER I: DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES SUBCHAPTER d: MEDICAL PROGRAMS PART 140 MEDICAL PAYMENT SUBPART A: GENERAL PROVISIONSSection140.1 Incorporation By Reference140.2 Medical Assistance Programs140.3 Covered Services Under Medical Assistance Programs140.4 Covered Medical Services Under AFDC-MANG for non-pregnant persons who are 18 years of age or older (Repealed)140.5 Covered Medical Services Under General Assistance140.6 Medical Services Not Covered140.7 Medical Assistance Provided to Individuals Under the Age of Eighteen Who Do Not Qualify for AFDC and Children Under Age Eight140.8 Medical Assistance For Qualified Severely Impaired Individuals140.9 Medical Assistance for a Pregnant Woman Who Would Not Be Categorically Eligible for AFDC/AFDC-MANG if the Child Were Already Born Or Who Do Not Qualify As Mandatory Categorically Needy140.10 Medical Assistance Provided to Incarcerated Persons SUBPART B: MEDICAL PROVIDER PARTICIPATIONSection140.11 Enrollment Conditions for Medical Providers140.12 Participation Requirements for Medical Providers140.13 Definitions140.14 Denial of Application to Participate in the Medical Assistance Program140.15 Recovery of Money140.16 Termination or Suspension of a Vendors Eligibility to Participate in the Medical Assistance Program140.17 Suspension of a Vendors Eligibility to Participate in the Medical Assistance Program140.18 Effect of Termination or Revocation on Persons Associated with Vendor140.19 Application to Participate or for Reinstatement Subsequent to Termination,
  • 105. ILLINOIS REGISTER 11129 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENT Suspension or Barring140.20 Submittal of Claims140.21 Reimbursement for QMB Eligible Medical Assistance Recipients and QMB Eligible Only Recipients and Individuals Who Are Entitled to Medicare Part A or Part B and Are Eligible for Some Form of Medicaid Benefits140.22 Magnetic Tape Billings (Repealed)140.23 Payment of Claims140.24 Payment Procedures140.25 Overpayment or Underpayment of Claims140.26 Payment to Factors Prohibited140.27 Assignment of Vendor Payments140.28 Record Requirements for Medical Providers140.30 Audits140.31 Emergency Services Audits140.32 Prohibition on Participation, and Special Permission for Participation140.33 Publication of List of Sanctioned Entities140.35 False Reporting and Other Fraudulent Activities140.40 Prior Approval for Medical Services or Items140.41 Prior Approval in Cases of Emergency140.42 Limitation on Prior Approval140.43 Post Approval for Items or Services When Prior Approval Cannot Be Obtained140.44 Withholding of Payments Due to Fraud or Misrepresentation140.55 Recipient Eligibility Verification (REV) System140.71 Reimbursement for Medical Services Through the Use of a C-13 Invoice Voucher Advance Payment and Expedited Payments140.72 Drug Manual (Recodified)140.73 Drug Manual Updates (Recodified) SUBPART C: PROVIDER ASSESSMENTSSection140.80 Hospital Provider Fund140.82 Developmentally Disabled Care Provider Fund140.84 Long Term Care Provider Fund140.94 Medicaid Developmentally Disabled Provider Participation Fee Trust Fund/Medicaid Long Term Care Provider Participation Fee Trust Fund140.95 Hospital Services Trust Fund140.96 General Requirements (Recodified)140.97 Special Requirements (Recodified)
  • 106. ILLINOIS REGISTER 11130 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENT140.98 Covered Hospital Services (Recodified)140.99 Hospital Services Not Covered (Recodified)140.100 Limitation On Hospital Services (Recodified)140.101 Transplants (Recodified)140.102 Heart Transplants (Recodified)140.103 Liver Transplants (Recodified)140.104 Bone Marrow Transplants (Recodified)140.110 Disproportionate Share Hospital Adjustments (Recodified)140.116 Payment for Inpatient Services for GA (Recodified)140.117 Hospital Outpatient and Clinic Services (Recodified)140.200 Payment for Hospital Services During Fiscal Year 1982 (Recodified)140.201 Payment for Hospital Services After June 30, 1982 (Repealed)140.202 Payment for Hospital Services During Fiscal Year 1983 (Recodified)140.203 Limits on Length of Stay by Diagnosis (Recodified)140.300 Payment for Pre-operative Days and Services Which Can Be Performed in an Outpatient Setting (Recodified)140.350 Copayments (Recodified)140.360 Payment Methodology (Recodified)140.361 Non-Participating Hospitals (Recodified)140.362 Pre July 1, 1989 Services (Recodified)140.363 Post June 30, 1989 Services (Recodified)140.364 Prepayment Review (Recodified)140.365 Base Year Costs (Recodified)140.366 Restructuring Adjustment (Recodified)140.367 Inflation Adjustment (Recodified)140.368 Volume Adjustment (Repealed)140.369 Groupings (Recodified)140.370 Rate Calculation (Recodified)140.371 Payment (Recodified)140.372 Review Procedure (Recodified)140.373 Utilization (Repealed)140.374 Alternatives (Recodified)140.375 Exemptions (Recodified)140.376 Utilization, Case-Mix and Discretionary Funds (Repealed)140.390 Subacute Alcoholism and Substance Abuse Services (Recodified)140.391 Definitions (Recodified)140.392 Types of Subacute Alcoholism and Substance Abuse Services (Recodified)140.394 Payment for Subacute Alcoholism and Substance Abuse Services (Recodified)140.396 Rate Appeals for Subacute Alcoholism and Substance Abuse Services
  • 107. ILLINOIS REGISTER 11131 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENT (Recodified)140.398 Hearings (Recodified) SUBPART D: PAYMENT FOR NON-INSTITUTIONAL SERVICESSection140.400 Payment to Practitioners140.402 Copayments for Noninstitutional Medical Services140.403 Telehealth Services140.405 SeniorCare Pharmaceutical Benefit (Repealed)140.410 Physicians Services140.411 Covered Services By Physicians140.412 Services Not Covered By Physicians140.413 Limitation on Physician Services140.414 Requirements for Prescriptions and Dispensing of Pharmacy Items – Prescribers140.416 Optometric Services and Materials140.417 Limitations on Optometric Services140.418 Department of Corrections Laboratory140.420 Dental Services140.421 Limitations on Dental Services140.422 Requirements for Prescriptions and Dispensing Items of Pharmacy Items – Dentists (Repealed)140.425 Podiatry Services140.426 Limitations on Podiatry Services140.427 Requirement for Prescriptions and Dispensing of Pharmacy Items – Podiatry (Repealed)140.428 Chiropractic Services140.429 Limitations on Chiropractic Services (Repealed)140.430 Independent Clinical Laboratory Services140.431 Services Not Covered by Independent Clinical Laboratories140.432 Limitations on Independent Clinical Laboratory Services140.433 Payment for Clinical Laboratory Services140.434 Record Requirements for Independent Clinical Laboratories140.435 Advanced Practice Nurse Services140.436 Limitations on Advanced Practice Nurse Services140.438 Imaging Centers140.440 Pharmacy Services140.441 Pharmacy Services Not Covered140.442 Prior Approval of Prescriptions
  • 108. ILLINOIS REGISTER 11132 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENT140.443 Filling of Prescriptions140.444 Compounded Prescriptions140.445 Legend Prescription Items (Not Compounded)140.446 Over-the-Counter Items140.447 Reimbursement140.448 Returned Pharmacy Items140.449 Payment of Pharmacy Items140.450 Record Requirements for Pharmacies140.451 Prospective Drug Review and Patient Counseling140.452 Mental Health Services140.453 Definitions140.454 Types of Mental Health Services140.455 Payment for Mental Health Services140.456 Hearings140.457 Therapy Services140.458 Prior Approval for Therapy Services140.459 Payment for Therapy Services140.460 Clinic Services140.461 Clinic Participation, Data and Certification Requirements140.462 Covered Services in Clinics140.463 Clinic Service Payment140.464 Hospital-Based and Encounter Rate Clinic Payments140.465 Speech and Hearing Clinics (Repealed)140.466 Rural Health Clinics (Repealed)140.467 Independent Clinics140.469 Hospice140.470 Eligible Home Health Providers140.471 Description of Home Health Services140.472 Types of Home Health Services140.473 Prior Approval for Home Health Services140.474 Payment for Home Health Services140.475 Medical Equipment, Supplies, Prosthetic Devices and Orthotic Devices140.476 Medical Equipment, Supplies, Prosthetic Devices and Orthotic Devices for Which Payment Will Not Be Made140.477 Limitations on Equipment, Prosthetic Devices and Orthotic Devices140.478 Prior Approval for Medical Equipment, Supplies, Prosthetic Devices and Orthotic Devices140.479 Limitations, Medical Supplies140.480 Equipment Rental Limitations
  • 109. ILLINOIS REGISTER 11133 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENT140.481 Payment for Medical Equipment, Supplies, Prosthetic Devices and Hearing Aids140.482 Family Planning Services140.483 Limitations on Family Planning Services140.484 Payment for Family Planning Services140.485 Healthy Kids Program140.486 Illinois Healthy Women140.487 Healthy Kids Program Timeliness Standards140.488 Periodicity Schedules, Immunizations and Diagnostic Laboratory Procedures140.490 Medical Transportation140.491 Limitations on Medical Transportation140.492 Payment for Medical Transportation140.493 Payment for Helicopter Transportation140.494 Record Requirements for Medical Transportation Services140.495 Psychological Services140.496 Payment for Psychological Services140.497 Hearing Aids140.498 Fingerprint-Based Criminal Background Checks SUBPART E: GROUP CARESection140.500 Long Term Care Services140.502 Cessation of Payment at Federal Direction140.503 Cessation of Payment for Improper Level of Care140.504 Cessation of Payment Because of Termination of Facility140.505 Informal Hearing Process for Denial of Payment for New ICF/MR140.506 Provider Voluntary Withdrawal140.507 Continuation of Provider Agreement140.510 Determination of Need for Group Care140.511 Long Term Care Services Covered By Department Payment140.512 Utilization Control140.513 Notification of Change in Resident Status140.514 Certifications and Recertifications of Care (Repealed)140.515 Management of Recipient Funds – Personal Allowance Funds140.516 Recipient Management of Funds140.517 Correspondent Management of Funds140.518 Facility Management of Funds140.519 Use or Accumulation of Funds140.520 Management of Recipient Funds – Local Office Responsibility
  • 110. ILLINOIS REGISTER 11134 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENT140.521 Room and Board Accounts140.522 Reconciliation of Recipient Funds140.523 Bed Reserves140.524 Cessation of Payment Due to Loss of License140.525 Quality Incentive Program (QUIP) Payment Levels140.526 County Contribution to Medicaid Reimbursement (Repealed)140.527 Quality Incentive Survey (Repealed)140.528 Payment of Quality Incentive (Repealed)140.529 Reviews (Repealed)140.530 Basis of Payment for Long Term Care Services140.531 General Service Costs140.532 Health Care Costs140.533 General Administration Costs140.534 Ownership Costs140.535 Costs for Interest, Taxes and Rent140.536 Organization and Pre-Operating Costs140.537 Payments to Related Organizations140.538 Special Costs140.539 Reimbursement for Basic Nursing Assistant, Developmental Disabilities Aide, Basic Child Care Aide and Habilitation Aide Training and Nursing Assistant Competency Evaluation140.540 Costs Associated With Nursing Home Care Reform Act and Implementing Regulations140.541 Salaries Paid to Owners or Related Parties140.542 Cost Reports – Filing Requirements140.543 Time Standards for Filing Cost Reports140.544 Access to Cost Reports (Repealed)140.545 Penalty for Failure to File Cost Reports140.550 Update of Operating Costs140.551 General Service Costs Updates140.552 Nursing and Program Costs140.553 General Administrative Costs Updates140.554 Component Inflation Index (Repealed)140.555 Minimum Wage140.560 Components of the Base Rate Determination140.561 Support Costs Components140.562 Nursing Costs140.563 Capital Costs140.565 Kosher Kitchen Reimbursement
  • 111. ILLINOIS REGISTER 11135 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENT140.566 Out-of-State Placement140.567 Level II Incentive Payments (Repealed)140.568 Duration of Incentive Payments (Repealed)140.569 Clients With Exceptional Care Needs140.570 Capital Rate Component Determination140.571 Capital Rate Calculation140.572 Total Capital Rate140.573 Other Capital Provisions140.574 Capital Rates for Rented Facilities140.575 Newly Constructed Facilities (Repealed)140.576 Renovations (Repealed)140.577 Capital Costs for Rented Facilities (Renumbered)140.578 Property Taxes140.579 Specialized Living Centers140.580 Mandated Capital Improvements (Repealed)140.581 Qualifying as Mandated Capital Improvement (Repealed)140.582 Cost Adjustments140.583 Campus Facilities140.584 Illinois Municipal Retirement Fund (IMRF)140.590 Audit and Record Requirements140.642 Screening Assessment for Nursing Facility and Alternative Residential Settings and Services140.643 In-Home Care Program140.645 Home and Community Based Services Waivers for Medically Fragile, Technology Dependent, Disabled Persons Under Age 21 (Repealed)140.646 Reimbursement for Developmental Training (DT) Services for Individuals With Developmental Disabilities Who Reside in Long Term Care (ICF and SNF) and Residential (ICF/MR) Facilities140.647 Description of Developmental Training (DT) Services140.648 Determination of the Amount of Reimbursement for Developmental Training (DT) Programs140.649 Effective Dates of Reimbursement for Developmental Training (DT) Programs140.650 Certification of Developmental Training (DT) Programs140.651 Decertification of Day Programs140.652 Terms of Assurances and Contracts140.680 Effective Date Of Payment Rate140.700 Discharge of Long Term Care Residents140.830 Appeals of Rate Determinations140.835 Determination of Cap on Payments for Long Term Care (Repealed)
  • 112. ILLINOIS REGISTER 11136 11 DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES NOTICE OF PROPOSED AMENDMENT SUBPART F: FEDERAL CLAIMING FOR STATE AND LOCAL GOVERNMENTAL ENTITIESSection140.850 Reimbursement of Administrative Expenditures140.855 Administrative Claim Review and Reconsideration Procedure140.860 County Owned or Operated Nursing Facilities140.865 Sponsor Qualifications (Repealed)140.870 Sponsor Responsibilities (Repealed)140.875 Department Responsibiliti