Section 120.100 Overview of rights

Section 120

Section 120.100  Overview

of rights

a)         Observation and protection of rights of Individuals

1)         The observation and protection of rights of Individuals

receiving developmental disability services in the public and the private

sector as set forth in Chapter 2 of the Code, except that the use of Seclusion

will not be permitted, are applicable to all Sections of this Part.

2)         Individuals receiving HCBS Waiver services must be free from:

A)        Abuse, neglect, and financial exploitation, pursuant to 59 Ill.

Adm. Code 50.10.

B)        Seclusion

and coercion.

C)        Restraint (other than what is allowed and directed pursuant to statutes

and administrative rules applicable to the program (i.e., 59 Ill. Adm. Code

115, 59 Ill. Adm. Code 119, 89 Ill. Adm. Code 401, 89 Ill. Adm. Code 403, 89

Ill. Adm. Code 384, 210 ILCS 35/18, and 77 Ill. Adm. Code 370).

3)         Service providers shall ensure that Individuals, guardians,

and others designated by the Individual receive a complete explanation of their

rights, as documented in the IL 462-1201 form, and responsibilities at the time

of service initiation, annually thereafter, and on request.

4)         The ISC shall complete the Rights of Individuals form (IL

462-1201) with Individual and/or guardian signing the document at the time of

service initiation, annually thereafter, and on request.

5)         The justification for any restriction of Individual's HCBS

Waiver rights, as indicated in Section 120.70(e)(6)(A) through (E), shall be:

A)        Documented in the Individual's Personal Plan and Implementation

Strategy pursuant to Section 120.160.

B)        Reviewed and approved by the provider agency's Human Rights

Committee before the restriction is implemented.

6)         An Individual's confidentiality shall be governed by the Mental

Health and Developmental Disabilities Confidentiality Act [740 ILCS 110].

b)         Non-discrimination

In accordance

with Title VI of the Civil Rights Act of 1964 (42 U.S.C

pursuant to Section 120.160.

B)        Reviewed and approved by the provider agency's Human Rights

Committee before the restriction is implemented.

6)         An Individual's confidentiality shall be governed by the Mental

Health and Developmental Disabilities Confidentiality Act [740 ILCS 110].

b)         Non-discrimination

In accordance

with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d (2009)), Section

504 of the Rehabilitation Act of 1973 (29 U.S.C. 794 (2015)), the Americans

with Disabilities Act of 1990 (42 U.S.C. 12101 through 12213 (2008) and 47

U.S.C. 225 and 611 (2010)) and the regulations at 45 CFR 80 (2005) and 45 CFR

84 (2010), the Department assures that no Individual shall be subjected to

discrimination under this Part on the grounds of race, color, sex, religion

(creed), gender identity, gender expression, age, national origin (ancestry),

ethnicity, disability, marital status, sexual orientation, or military status.

c)         Confidentiality of case information

For the

protection of Individuals, any information about an Individual or case is

confidential and may be used only for purposes directly related to the

administration of the Medicaid HCBS Waiver Programs. The Department and service

providers shall inform all entities to whom information is furnished that this

material is confidential, subject to the provisions of the Confidentiality Act,

and shall be so considered by the entity. An authorization for release of

information shall be used to secure the Individual's or guardian's consent to

share information.

d)         Notice of action.  Individuals requesting or receiving HCBS

Waiver services have the right to:

1)         A written notice of:

A)        Denial of clinical eligibility by the Division or an ISC

agency;

B)        Denial of service(s) by the Division; and

C)        Reduction, suspension, or termination of HCBS Waiver services

by the Division or a provider agency

to

share information.

d)         Notice of action.  Individuals requesting or receiving HCBS

Waiver services have the right to:

1)         A written notice of:

A)        Denial of clinical eligibility by the Division or an ISC

agency;

B)        Denial of service(s) by the Division; and

C)        Reduction, suspension, or termination of HCBS Waiver services

by the Division or a provider agency.

2)         Appeal the decision disposition (reduction, suspension,

termination, or denial of HCBS services) pursuant to Section 120.110.