59 Ill. Adm. Code 115.120
Definitions
Section 115
Section 115.120 Definitions
For the purpose of this Part,
the following terms are defined:
"Abuse."
See definition found in 59 Ill. Adm. Code 50.10.
"Applicant."
A person, group of persons, association, organization, partnership, or
corporation that applies for a license to provide community-integrated living
arrangement services under this Part.
"Assigned
Independent Receiver"
or "Receiver." A court appointed qualified person, who
assumes custodial responsibility for a CILA agency that is operating without a
license or whose license has been suspended, revoked, or refused renewal. This
person cannot be an owner or an affiliate of the CILA agency which is in
receivership.
"Authorized
CILA agency representative." The administrative head of a CILA agency, or
their designee, appointed by the CILA agency's governing body with overall
responsibility for fiscal and programmatic management.
"Authorized
electronic monitoring."
The placement and use of an electronic
monitoring device by
an individual in their
room in accordance with
the
Authorized Electronic Monitoring in
Community-Integrated Living Arrangements and Developmental Disability
Facilities
Act
[210 ILCS 165/5]
.
"Aversive
procedures." The application, contingent on the exhibition of a specific
behavior that is not adaptive, of unpleasant or painful stimuli, or stimuli
that have a potentially noxious affect. Aversive procedures have the following
characteristics:
Obvious signs
of physical pain experienced by the individual.
Potential or
actual physical side effects, including tissue damage, physical illness, severe
stress, and/or death.
Dehumanization
of the individual, through means such as social degradation, social isolation,
verbal abuse, techniques inappropriate for the individual's age, and treatment
out of proportion to the target behavior.
"BALC." The Department's
Bureau of Accreditation, Licensure and Certification.
"BQM." The Bureau of
Quality Management in the Department's Division of Developmental Disabilities.
"Certification."
A status granted by the Department to a specific site whose programs operate
under this Part, successfully meet its standards, and provide services to
promote community-integrated living.
"CILA agency"
or “CILA provider.” A developmental disability services agency that is licensed
by the Department to provide community-integrated living arrangement services
for individuals with a developmental disability. (Section 3(b) of the
Community-Integrated Living Arrangements Licensure and Certification Act)
“CILA services.” Residential supports that a CILA agency is
paid to deliver to individuals with developmental disabilities that promote
health, well-being, maximum independence, choice-making, access to the greater
community to the same degree as individuals not receiving HCBS.
"Code."
The Mental Health and Developmental Disabilities Code [405 ILCS 5].
"Coercion."
Any action whereby an individual, guardian, or family member is compelled by
force, intimidation, or threat to act, or refrain from action, in a manner
contrary to how the individual would have acted if permitted to act in
accordance with their free and informed choice.
"Community-integrated
living arrangement (CILA)." A residential setting or site that is certified
by the Department
where eight or fewer
individuals with a developmental
disability
reside
together in an apartment, house, or one or more units
in a multi-unit building
under the supervision of
an
agency
and
are provided with an array of services. (Section 3(d) of the
Community-Integrated Living Arrangements Licensure and Certification Act).
"Community
integration" or "integration into the community. "Individuals
receiving Medicaid HCBS having opportunities to seek employment and work in
competitive integrated settings, engage in community life, control personal
resources, and receive services in the community to the same degree of access
as individuals not receiving Medicaid HCBS (42 CFR 441.301(c)(2)(i)). Examples
of on-going engagement in community life for individuals with developmental
disabilities include:
Time spent out
of the home participating in non-disability specific activities chosen by the
individual and guardian that are available to the greater community, such as spiritual
and cultural interests, places of worship (e.g., church, temple, mosque,
synagogue or other places of worship), recreational activities, education,
library, clubs, shopping and amusements.
Participation
in activities, celebrations, (e.g., holidays, birthdays, reunions)
communication (wireless, electronic, and/or mail) and vacations.
"Confidentiality
Act." The Mental Health and Developmental Disabilities Confidentiality
Act [740 ILCS 110].
"Continuous
supervision or support." Direction or assistance provided to an individual
under the auspices of the licensed CILA agency (i.e., not an Intermittent CILA).
An employee or any other person compensated or in a volunteer capacity, but not
the guardian of the individual, with responsibility for care of individuals
served from the licensed CILA agency, or another agency through which any
portion of CILA services is being provided, must be physically present on-site
all hours individuals are present, unless otherwise specified in an
individual’s Personal Plan and provided for in their Implementation Strategy.
Continuous supervision or support may range from being in immediate line of
sight to the individual receiving services, to present and accessible to the
individual receiving services, depending on the individual's Implementation
Strategy.
"Critical
Incidents." Any alleged, suspected, or actual occurrence of an incident
when there is reason to believe the health or safety of an individual may be
adversely affected or an individual may be placed at a reasonable risk of
harm. Critical incidents for this Part shall include abuse, neglect, and financial
exploitation as defined in 59 Ill. Adm. Code 50. Critical Incidents shall also
include deaths not otherwise reportable pursuant to 59 Ill. Adm. Code 50,
injuries of known or unknown origin, medical emergencies, unscheduled
hospitalizations, missing individuals, peer-to-peer or peer-to-staff acts of
aggression, and involvement of law enforcement and/or fire department.
"Day."
A calendar day, unless otherwise indicated.
"Department"
or "DHS." The Illinois Department of Human Services.
"Developmental
disability."
An intellectual disability or other
severe, chronic disability,
other
than mental illness, found to be closely related to an intellectual disability
because this condition results in impairment of general intellectual
functioning or adaptive behavior similar to that of persons with ID, and
requires services similar to those required for a person with an intellectual
disability. In addition, a developmental disability:
is manifested
before the individual reaches 22 years of age;
is likely to
continue indefinitely;
results in
substantial functional limitations in three or more of the following areas of
major life activity: self-care, receptive and expressive language, learning,
mobility, self-direction, capacity for independent living, or economic self-sufficiency;
and
reflects the
individual's need for a combination and sequence of special interdisciplinary
or generic services, individualized supports, or other forms of assistance that
are of lifelong or extended duration and are individually planned and
coordinated (modified from the
American
Association on Intellectual and Developmental Disabilities,
Intellectual Disability: Definition,
Diagnosis, Classification, and Systems of Supports, 12
th
Edition
(2021))
.
"Diagnosis."
A category of disability stated in accordance with the Diagnostic and
Statistical Manual of Mental Disorders, Fifth Edition (DSM-V) or the most
recently published version (800 Maine Avenue, S.W., Suite 900, Washington, DC 20024
(2013).
"Direct
Support Professional" or "DSP". Any person who provides
habilitative care, services, or support to individuals with developmental
disabilities and is listed on the Department's Health Care Worker Registry as a
trained DSP or DDD Aide under its Program section. DSPs shall be trained in
accordance with this Part and function under the supervision of a Qualified
Intellectual Disabilities Professional (QIDP), a Licensed/Registered Nurse, or
other higher-level employee authorized by the CILA agency.
"Division of Developmental Disabilities,"
"Division," or "DDD." The Department’s Division of
Developmental Disabilities.
"Electronic
monitoring device."
A surveillance instrument with a fixed position
video camera or an audio recording device, or a combination thereof, that is
installed in
an individual's
bedroom under the provisions of
the
Authorized Electronic Monitoring in Community-Integrated
Living Arrangements and Developmental Disability Facilities
Act
and
broadcasts or records activity or sounds occurring in the room
[210 ILCS 165/5]
.
"Employee."
For the purposes of this Part, any individual hired, employed, or retained by a
CILA agency, whether paid or on an unpaid basis.
"Entitlements."
Government-related financial benefits available to individuals who qualify on
the basis of need, disability and/or income, such as Title XVIII (Medicare) (42
U.S.C. 1395b-1 (1996)), Title XIX (Medicaid) (42 U.S.C. 1396a (1996)) and
Veteran's Administration benefits (38 U.S.C. 521, 541, 542 (1996)).
“Exploitation”
or "Financial Exploitation." See definition of financial exploitation
found in 59 Ill. Adm. Code 50.10.
"Governing
body." The policy-making authority of a CILA agency that establishes
policies concerning the CILA agency's operation and the welfare of individuals;
provides for the CILA agency's administration by appointing an authorized CILA agency
representative to implement its policies; and exercises general oversight of
the CILA agency's operation, its fiscal affairs and programmatic content to
implement the organization's mission.
"Guardian."
The plenary or limited guardian or conservator of the individual appointed by
the court for an individual over age 18 (when the limited guardian's duties
encompass concerns related to service requirements), or the natural or adoptive
parent of a minor, or a person acting as a parent of a minor. All references in
this Part to an "individual and/or guardian" include the guardian
only if applicable.
"Habilitation."
Individually tailored supports that assist individual
with developmental disabilities with the acquisition, retention, or improvement
in skills related to living in the community. Services are developed in
accordance with the needs of the individual and
include
supports
to
foster
independence
and
encourage
development
of
a
full
life
in
the
community,
based
upon
what
is
important
to
and
for
the individual,
as
documented
in
their
Person-Centered
Plan.
This
includes
assisting and teaching individuals to attain new and maintain and
improve existing skills in areas of self-care, daily
living, adaptive skills, leisure, and community integration,
including building and maintaining relationships.
Additionally, it may
include efforts to prevent regression or decelerate loss of function.
Habilitation
may include, but is not limited to, diagnosis, evaluation, medical services,
residential care, day care, special living arrangements, training, education,
employment
related services
, protective services, counseling, and other
services provided to
individuals
with a developmental disability by
developmental disabilities programs
. [405 ILCS 5/1-111]
"Host
family." One or more persons unrelated to the individual with
developmental disabilities, employed by or contracting with the CILA agency,
who reside with the individual.
“Host family
living arrangement” or “Host family setting”. A 24-hour residential setting,
serving as an alternative to a typical shift staff arrangement. The setting is
the residence for the person with a developmental disability and the host
family.
"Host
family living arrangement − traditional care model." A 24-hour
residential alternative to a typical shift staff arrangement. The setting is
the residence for the person with a developmental disability and the full-time
residence for the paid host family. It is owned, leased, or rented by the paid
host family. In these settings, host families consist of one or more persons
who are unrelated to the individual with a developmental disability, and who
contract with the CILA agency.
"Host
family living arrangement − shared living model." A 24-hour
residential alternative to a typical shift staff arrangement. The setting is
the residence for the person with a developmental disability and may house
either full or part-time paid host family in which more than 50 percent of the
residential coverage is provided by individuals other than shift staff
employees. It is owned, leased, or rented by the individuals, host family, or CILA
agency. In these settings, host families consist of one or more persons who
are unrelated to the individual with a developmental disability, and who are
employed by or contract with the CILA agency. The difference between
traditional care and shared living models is shift employees routinely share
supervision, care, and training responsibilities with the host family in the
shared living model.
"Host
family services." Residential supports, provided in a host family living
arrangement, that a CILA agency is paid to deliver to individuals with
developmental disabilities that promote health, well-being, maximum
independence, choice-making, and access to the greater community to the same
degree as individuals not receiving HCBS.
"Imminent
risk." A preliminary determination of immediate, threatened, or impending
risk of illness, mental injury, or physical injury to an individual as would
cause a reasonably prudent person to take immediate action and that is not
immediately corrected, such as environmental or safety hazards.
"Implementation
Strategy." A document developed by the licensed CILA agency in conjunction
with the individual or the individual’s guardian that describes and directs the
activities and methods used to provide services and supports for the areas of
an individual's Personal Plan for which the CILA agency has agreed to be
responsible. The priorities, strengths, support needs, and risk factors
identified in the Personal Plan must be addressed and accounted for in the
Implementation Strategy for those areas of the CILA agency's responsibility.
The document must describe how the CILA agency will support the person to
pursue the outcomes included in the Personal Plan and be signed by the person,
guardian, and ISC.
"Independent
Monitor" or "Monitor."
An individual,
employee, contractor,
or any other person compensated or in a volunteer
capacity
with a business entity who
has been assigned by the
Department to oversee the business affairs of a CILA when any of the following
situations occur:
The CILA agency is operating
without a license;
The Department has suspended,
revoked, or refused to renew the existing license of the CILA agency;
The Department has issued a notice
to terminate or not renew its agreement with the CILA agency;
The CILA agency is closing or has
informed the Department that it intends to close and adequate arrangements for
transition of individuals have not been made at least 30 days prior to closure;
The Department determines that an
emergency (a threat to the health, safety, or welfare of individuals that the
CILA agency is unwilling or unable to remedy) exists; or
The Department, with the
Department of Healthcare and Family Services, terminates the CILA provider’s
participation in the federal reimbursement program under Title XIX (Medicaid)
of the Social Security Act (42 U.S.C. 7).
The monitor cannot be Department
or State agency staff. The monitor shall observe operation of the facility,
assist the facility by advising it on how to comply with the State regulations,
and shall report periodically to the Department on the operation of the
facility.
"Independent
Service Coordination agency" or "ISC". A contracted entity
designated by DDD to carry out certain federal and State requirements related
to assessment, determination of eligibility and service coordination for
individuals with a developmental disability.
This
entity provides conflict of interest free
case management, including
development and monitoring of an individual's
Personal Plan,
to DDD Medicaid HCBS Waiver participants. They also
serve as the front line for information and
assistance to help individuals and families navigate the system, ensure
informed choice, link individuals to services and address problems related to
outcomes and quality.
"Individual"
or "individuals." A person or persons who receives or receive
community-integrated living arrangement services.
"Individual representatives." Persons chosen by
individuals and representing the interests of individuals served by a CILA
agency such as family members, guardians, and advocates.
"Individually
owned or controlled."
A
physical setting in which the individual resides that is owned, co-owned,
leased, or rented by the individual. This setting is not provider-owned or
controlled.
"Informed consent."
Permission freely granted by the individual or guardian based on full
disclosure to the individual or guardian of the benefits and/or liabilities of
participation in specific procedures and/or services, including releases of
information, as part of the individual's Personal Plan and Implementation
Strategy.
"Intellectual
Disability."
A disorder with onset during the
developmental period (before the individual reaches age 22), that includes both
intellectual and adaptive deficits in conceptual, social, and practical
domains. The following criteria must be met:
deficits in intellectual functions
such as reasoning, problem solving, planning, abstract thinking, judgment,
academic learning, and learning from experience confirmed by both clinical
assessment and individualized, standardized intelligence testing (generally
indicated with an IQ score of about 70 or below);
deficits in adaptive functioning
that result in failure to meet developmental and sociocultural standards for
personal independence and social responsibility. Without ongoing support, the
adaptive deficits limit functioning in one or more activities of daily life,
such as communication, social participation, and independent living, across
multiple environments, such as home, school, work, and community; and
onset of intellectual and adaptive
deficits during the developmental period.
(Modified
from the
American Psychiatric
Association (2013), Diagnostic and Statistical Manual of Mental Disorders (5
th
ed.)
and the
American
Association on Intellectual and Developmental Disabiliti
es,
Intellectual Disability: Definition, Diagnosis,
Classification, and Systems of Supports, 12
th
Edition
(2021)).
"Intermittent supervision or
support." Supervision or support provided to an individual under the
auspices of a licensed CILA agency less than 24-hours per day (i.e., not a 24
hour or host family CILA). When employees are not on-site, supervision or
support shall be provided by means of 24-hour on-call availability and by a
variety of alternatives or supports, such as natural and remote supports.
"Mental
health professional" or "MHP." See definition of mental health
professional found in 89 Ill. Adm. Code 140.453.
"Mental
illness." For purposes of this Part, mental illness refers to the target
population of adults with serious mental illness (SMI), as established by the
Department's Division of Mental Health and defined as:
Individuals
with serious mental illness are adults whose emotional or behavioral
functioning is so impaired as to interfere with their capacity to remain in the
community without supportive treatment. The mental impairment is severe and
persistent and may result in a limitation of their capacities for primary
activities of daily living, interpersonal relationships, homemaking, self-care,
employment, or recreation. This impairment may limit their ability to seek or
receive local, State, or federal assistance such as housing, medical and dental
care, rehabilitation services, income and food assistance, or protective
services.
The individual
must have one of the following diagnoses that meets DSM-5 criteria and that is
the focus of the treatment being provided:
Delusional Disorder (F22)
Brief Psychotic Disorder (F23)
Schizophreniform
Disorder (F20.81)
Schizophrenia
(F20.9)
Schizoaffective
Disorder (F25.x)
Catatonia
Associated with another Mental Disorder (Catatonia Specifier) (F06.1)
Other
Specified Schizophrenia Spectrum and Other Psychotic Disorder (F28)
Unspecified
Schizophrenia Spectrum and Other Psychotic Disorder (F29)
Bipolar
I Disorder (F31.xx)
Bipolar
II Disorder (F31.81)
Cyclothymic
Disorder (F34.0)
Unspecified
Bipolar and Related Disorder (F31.9)
Disruptive
Mood Dysregulation Disorder (F34.8)
Major
Depressive Disorder Single episode (F32.xx)
Major
Depressive Disorder, Recurrent episode (F33.xx)
Obsessive-Compulsive
Disorder (F42)
Posttraumatic
Stress Disorder (F43.10)
Anorexia
Nervosa (F50.0x)
Bulimia
Nervosa (F50.2)
Postpartum
Depression (F53.0)
Puerperal
Psychosis (F53.1)
Factitious Disorder Imposed on another (F68.A)
And the
individual must meet the criteria for either treatment history or functional
criteria as follows:
Treatment
history covers the individual's lifetime treatment and is restricted to
treatment for the DSM-5 diagnosis specified in this definition. To qualify
under treatment history, the individual must meet at least one of the following
criteria:
Continuous
treatment of six months or more, including treatment during adolescence, in
one, or a combination of, the following modalities: inpatient treatment, day
treatment or partial hospitalization;
Six months
continuous residence in residential programming (e.g., long-term care facility
or assisted, supported, or supervised residential programs);
Two or more
admissions of any duration to inpatient treatment, day treatment, partial
hospitalization, or residential programming within a 12-month period;
A history of
using psychotropic medication management, case management, or outreach and
engagement services over a one-year period, either continuously or
intermittently; or
Previous
treatment in an outpatient modality, and a history of at least one mental
health psychiatric hospitalization.
Functional
criteria have been purposely narrowed to descriptors of the most serious levels
of functional impairment and are not intended to reflect the full range of
possible impairment.) To qualify under functional criteria, the individual
must meet at least two of the following conditions:
Has a serious
impairment in social, occupational, or school functioning;
Is unemployed
or working only part-time due to mental illness and not for reasons of physical
disability or some other role responsibility (e.g., student or primary
caregiver for dependent family member); is employed in a sheltered setting or
supportive work situation; or has markedly limited work skills;
Requires help
to seek public financial assistance for out-of-hospital maintenance (e.g.,
Medicaid, SSI, other indicators);
Does not seek
appropriate supportive community services, e.g., recreational, educational, or
vocational support services, without assistance;
Lacks
supportive social systems in the community (e.g., no intimate or confiding
relationship with anyone in their personal life, no close friends or group
affiliations, is highly transient or has inability to co-exist within a family
setting);
Requires assistance
in basic life and survival skills (e.g., must be reminded to take medication,
must have transportation to mental health clinic and other supportive services,
needs assistance in self-care, household management, food preparation or money
management, is homeless or at risk of becoming homeless); or
Exhibits
inappropriate or dangerous social behavior that results in demand for
intervention by the mental health and/or judicial/legal system.
If the
individual does not currently meet the functional criteria, but is currently
receiving treatment and has a history within the past five years of functional
impairment meeting two of the functional criteria that persisted for at least
12 months, and there is documentation supporting the professional judgment that
regression in functional impairment would occur without continuing treatment,
then the individual will be determined to have met the functional criteria.
"Natural
environment." A setting where an individual not receiving HCBS typically
spends time, including home, work, places of worship, community centers,
libraries, parks, recreation centers, educational settings, or other public
buildings. These sites are not licensed, certified, accredited or identified as
a provider.
"Natural
supports." Unpaid assistance provided to an individual with a
developmental disability typically by a person who has some type of friendship,
kinship or other relationship (co-worker, member of the same social group) with
the individual, whom the individual accepts into their life and with whom the
individual has chosen to spend some duration of time and not just a single
action done out of courtesy.
"Neglect."
See definition found in 59 Ill. Adm. Code 50.10.
"Notice
of deficiency." A report submitted to a CILA agency by the Department
listing the CILA agency's deficiencies with this Part noted during a survey.
"Personal
Plan." A written document developed by an ISC agency in conjunction with
the individual and guardian as well as family members, providers of services
and others (e.g., friends or individual’s representatives) as chosen by the
individual and guardian that includes an assessment of the individual's
strengths, preferences, needs, and desired outcomes. The document contains the
outcomes that the individual requires in their life, describes what is
important to the individual regarding delivery of services in a manner which
ensures both personal preferences and health and welfare, including risk
factors and means to minimize them. It includes the services that are to be
furnished to the individual, the amount and frequency of each service, and the
type of provider to furnish each service.
"Plan of
correction." A written plan submitted by a CILA agency to the Department,
in response to a notice of deficiency, that describes the steps the CILA agency
will take in order to bring a program or services into compliance, and the
time-frames for completion of each step.
"Professional."
An employee, contractual worker, or any other person, compensated or in a
volunteer capacity designated as a professional by virtue of license,
certification, or education. For the purpose of this Part, Direct Support
Professionals are not included in this definition.
"Provider."
See definition of "CILA agency."
"Provider-owned or
controlled.
"
A physical setting in which the individual resides that is:
owned, co-owned, leased or rented by an
agency that provides Home and Community-Based Services; or
owned, co-owned, leased or rented by a
third party that has a direct or indirect financial relationship with an agency
that provides Home and Community-Based Services.
"Provider Support Team." A team consisting of the
QIDP and a DSP; a nurse, or other professional staff (such as occupational
therapist or speech therapist) when necessary, and other staff as consistent
with the individual’s Personal Plan and Implementation Strategy, all of whom
directly serve the individual.
"Psychotropics."
Drugs used for antipsychotic, antidepressant, antimanic and/or antianxiety
purposes as listed in the American Hospital Formulary Services (AHFS) Drug
Information Manual (American Society of Health-System Pharmacists, 7272
Wisconsin Avenue, Bethesda MD 20814 (2018)) (AGENCY NOTE: This document is
published annually and updated quarterly.); the Physician's Desk Reference
(PDR) (Medical Economics Company, Five Paragon Drive, Montvale NJ 07645-1742 (2017))
(AGENCY NOTE: This document is published annually.); and the Drug Facts and
Comparisons (Facts and Comparisons, 111 West Port Plaza, Suite 300, St. Louis
MO 63146-3098 (2017)) (AGENCY NOTE: This document is published annually and
updated monthly.).
"Qualified
Intellectual Disabilities Professional" or "QIDP". A QIDP must
have at least one year of experience working directly with individuals with
intellectual disabilities or other developmental disabilities and be one of the
following (42 CFR 483.430):
a doctor of medicine or osteopathy
licensed pursuant to the Medical Practice Act of 1987 [225 ILCS 60];
a registered professional nurse
licensed pursuant to the Nurse Practice Act [225 ILCS 65];
an occupational therapist or
occupational therapist assistant certified by the American Occupational Therapy
Association or other comparable body pursuant to the Illinois Occupational
Therapy Practice Act [225 ILCS 75];
a physical therapist certified by
the American Physical Therapy Association or other comparable body pursuant to
the Illinois Physical Therapy Act [225 ILCS 90];
a physical therapist assistant registered
by the American Physical Therapy Association or a graduate of a two-year
college-level program approved by the American Physical Therapy Association or
comparable body;
a psychologist with at least a
master's degree in psychology from an accredited school pursuant to the
Clinical Psychologist Licensing Act [225 ILCS 15];
a social worker with a bachelor's
degree from a college or university or graduate degree from a school of social
work accredited or approved by the Council on Social Work Education or another
comparable body, pursuant to the Clinical Social Work and Social Work Practice
Act [225 ILCS 20];
a speech-language pathologist or
audiologist with a certificate of Clinical Competence in Speech-Language
Pathology or Audiology granted by the American Speech Language Hearing
Association or comparable body or meeting the education requirements for
licensure and being in the process of accumulating the supervised experience
required for licensure pursuant to the Illinois Speech-Language Pathology and
Audiology Practice Act [225 ILCS 110];
a professional recreation staff
person with a bachelor's degree in recreation or in a specialty area such as
art, dance, music, or physical therapy;
a professional dietician
registered by the American Dietetic Association; or
a human
services professional with a bachelor's degree in a human services field,
including but not limited to sociology, special education, rehabilitation
counseling and psychology.
"Quality
assurance." A systematic and objective approach to monitoring and
evaluating the appropriateness, adequacy and quality of services and supports
that enable individuals with a developmental disability to achieve defined
outcomes in their lives.
"Quality
assurance review." A BQM process to determine the degree of compliance
with quality assurance requirements in this Part that a CILA agency has
maintained. This can include reviewer observation and an on-site, desk audit,
remote or virtual form of examination of the following: policies, procedures,
records of individuals, written Personal Plan and Implementation Strategies.
Reviewers shall use an instrument containing national indicators to interview
individuals and employees. Observation of a sample of individuals, drawn from
across CILA sites statewide, is also a part of the review.
"Relative."
Spouse, parent, stepparent, son, daughter, brother, sister, stepbrother,
stepsister, half-brother, half-sister, uncle, aunt, niece, nephew, first cousin,
or any such person denoted by the prefix "grand" or "great"
or the spouse of any of the persons specified in this definition.
"Relief."
A paid service for caregivers that provides support to individuals with
developmental disabilities in host family living arrangements. Relief services
enable the caregivers to have free time apart from the individuals with
developmental disabilities.
"Remote
Monitoring and Supports." The use of electronic interactive technology (e.g.,
a device, a product, or system) to provide supports and services, absent of
direct care staff, in accordance with the Health Care Affordability Act [305
ILCS 5/12-21.21]. Remote monitoring and supports are meant to increase
independence and daily living skills of individuals.
"Residence."
See "living arrangement."
"Respite."
Services provided to individuals who are unable to care for themselves,
furnished on a short-term basis due to the absence of or need for relief of
those persons normally providing care.
"Restraint."
The
direct restriction through mechanical means or personal physical force
of the limbs, head, or body of
an individual except as part of a medically
prescribed procedure for the treatment of an existing physical disorder or the
amelioration of a physical disability.
The partial or total immobilization
of an individual for the purpose of performing a medical or surgical procedure
shall not constitute restraint
.
Momentary periods
of physical restriction by direct person-to-person contact, without the aid of
material or mechanical devices, accomplished with limited force, and that are
designed to prevent
an individual
from completing an act that would
result in potential physical harm to
the individual
or another shall not
constitute restraint, but shall be documented in the
individual’s record.
[405 ILCS 5/1-125]
"Seclusion."
Sequestration by placement of
an individual
alone in a room from
which he
or she
has no means of leaving; seclusion is prohibited.
[405
ILCS 5/1-126]
"Secretary."
The Secretary of the Department or their designee.
"Self-administration
of medications." An individual with a developmental disability's ability
to correctly take prescribed medications independently or has been assessed and
determined to be independent in accordance with 59 Ill. Adm. Code 116.
"Substantial
compliance." An evaluation result that determines that a surveyed program
meets the requirements set forth in this Part sufficiently to be at a Level 1
or 2, as described in Section 115.440, and in good standing.
"Support
Services Team" or "SST". Contracted entities that provide
an interdisciplinary technical assistance and
training response to persons with a developmental disability in a medical or
behavioral situation that challenges their ability to live and thrive in the
community.
"Survey"
or "licensure and certification survey." A process to determine the
degree of compliance with this Part that a CILA agency has maintained. This
includes surveyor observation and an on-site, desk audit, remote, or virtual examination
of the following: policies, procedures, records of individuals, written Personal
Plan and Implementation Strategies, and the physical plant. Interviews of
individuals and employees and observation of a sample of CILA sites are also a
part of the survey.
"Tardive
dyskinesia." An abnormal involuntary movement disorder associated with the
long-term use of antipsychotic medications. It may be persistent or transient
and is characterized by a variable mixture of facial, ocular, oral, lingual,
truncal or limb movements.
"Time-out."
Contingent removal from a situation in which reinforcement occurs into a
situation from which reinforcement does not occur, for a reasonable period of
time; time-out is prohibited.
"Treatment."
An effort to accomplish an improvement in the mental condition or related
behavior of
an individual
. Treatment includes, but is not limited to,
hospitalization, partial hospitalization, outpatient services, examination,
diagnosis, evaluation, care, training, psychotherapy, pharmaceuticals, and
other services provided for
individuals
by mental health agencies
or
psychiatric hospitals. [405 ILCS 5/1-128]
"Volunteer."
An unpaid person whose activities (e.g., helping with yardwork, assisting in
recreational activities, teaching a cooking or yoga class) are organized and
supervised by the CILA agency to supplement the services the CILA agency
provides or other activities designated by the CILA agency.
"Waiver."
An action by the Department in which exceptions to this Part are granted on
application by a CILA agency for a period not to exceed the duration of the
current license. Waivers may be granted only for that which is allowable under
this Part.