Section 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

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

n

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)

s, 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

hs 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

llectual 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))

red, 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

ith 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

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

king, 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,

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

eives 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

ural 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

us 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

vosa (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 assi

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

ently

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

nd 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

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 Physi

t 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

l 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

ousin,

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

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

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.