# 89 Ill. Adm. Code 146.220: Section 146.220 Resident Participation Requirements

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_220

## Section

- **Citation:** 89 Ill. Adm. Code 146.220
- **Heading:** Section 146.220 Resident Participation Requirements
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 89 SOCIAL SERVICES / CHAPTER I: DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES / Part 146 SPECIALIZED HEALTH CARE DELIVERY SYSTEMS / Section 146.220 Resident Participation Requirements

## Text

Section 146.220  Resident
Participation Requirements
a)         The SLP setting may admit or retain residents whose needs can
be met through the services described in Section 146.230.  The following
criteria shall be met prior to admission to the SLP setting:
1)         Be age 22 years or over with a physical disability (as
determined by the Social Security Administration) or elderly (age 65 years or
over);
2)         Be screened by the appropriate Department on Aging contracted
Care Coordination Unit (DoA CCU) or the Department of Human Services Division
of Rehabilitation Services (DHS-DRS) screening agency and found to be in need
of nursing facility level of care.  A new Determination of Need (DON), or
successor tool, screen is not needed for a resident who is transferring between
SLP providers or comes from a nursing facility with no break in service.  It is
the admitting SLP provider's responsibility to ensure that a screening document
is received from the transferring SLP setting or nursing facility. If the
individual is transferring directly from a nursing facility and has a history
of a developmental disability or serious mental illness, as evidenced in the
medical history accompanying the individual, the SLP provider must submit a
referral for a specialized evaluation to be completed by the DHS Division of
Developmental Disabilities (DHS-DDD) Independent Service Coordination (ISC)
agency or the Division of Mental Health (DHS-DMH) Preadmission Screening
Resident Review (PASRR) agency to evaluate for need for active treatment or the
existence of serious functional risks and needs associated with the diagnosis
to determine if they exceed the capacity of the SLP setting
leted by the DHS Division of
Developmental Disabilities (DHS-DDD) Independent Service Coordination (ISC)
agency or the Division of Mental Health (DHS-DMH) Preadmission Screening
Resident Review (PASRR) agency to evaluate for need for active treatment or the
existence of serious functional risks and needs associated with the diagnosis
to determine if they exceed the capacity of the SLP setting.  Private pay
individuals may choose to be admitted into the SLP setting when the screening
assessment does not justify nursing facility level of care;
3)         If further evaluation is necessary due to the suspicion of a
developmental disability or serious mental illness, the developmental
disability or serious mental illness must be determined by a qualified DHS-DDD
ISC agent or DHS-DMH preadmission screening (PAS) agent.  The presence of a
developmental disability does not automatically preclude admission to the SLP
unless there is the need of continuous active treatment for which the
individual should be considered for other DHS-DDD services not available
through the SLP. The presence of a serious mental illness does not
automatically preclude admission to the SLP unless the psychiatric symptoms,
behavioral risk, and major treatment adherence/engagement problem persist at a
sufficiently serious level that exceeds the service capabilities of the SLP
provider. The evaluation and determination of whether the needs are within the
SLP provider capability or beyond the SLP provider capacity is determined by
the DHS-DDD ISC or DHS-DMH PAS agent; and
4)         Have
name checked against the United States Department of Justice Dru Sjodin
National Offender Public Website at
www.nsopr.gov
,
the Illinois Sex Offender Registration website at
www.isp.state.il.us
and the Illinois Department of Corrections registered sex offender database at
www.idoc.state.il.us
.  Refer to Section 146.215 for
facility requirements if a person whose name appears on either registry is
admitted to an SLP setting
States Department of Justice Dru Sjodin
National Offender Public Website at
www.nsopr.gov
,
the Illinois Sex Offender Registration website at
www.isp.state.il.us
and the Illinois Department of Corrections registered sex offender database at
www.idoc.state.il.us
.  Refer to Section 146.215 for
facility requirements if a person whose name appears on either registry is
admitted to an SLP setting.
b)         The SLP provider's assessment to determine if a potential
resident's needs can be met by the SLP provider shall not occur until after the
DON,
or successor tool,
assessment and other required
PAS have been completed and determinations provided to the SLP provider.
c)         Private pay residents seeking to convert to Medicaid while
residing in an SLP setting shall be screened by the Department using the DON or
successor tool, prior to the point of conversion and must be found to be in
need of nursing facility level of care before Medicaid payment may be
authorized.
d)         Each prospective resident shall have a tuberculin skin test in
accordance with the Control of Tuberculosis Code (77 Ill. Adm. Code 696).
e)         A Medicaid resident of the SLP setting shall not participate
in any other federal Home and Community-Based Waiver Program.

## Nearby sections

- [89 Ill. Adm. Code 146.200 Section 146.200  General Description](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_200.md)
- [89 Ill. Adm. Code 146.210 Section 146.210  Structural Requirements](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_210.md)
- [89 Ill. Adm. Code 146.220 Section 146.220  Resident Participation Requirements](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_220.md)
- [89 Ill. Adm. Code 146.225 Section 146.225  Reimbursement for Medicaid Residents](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_225.md)
- [89 Ill. Adm. Code 146.230 Section 146.230  Services](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_230.md)
- [89 Ill. Adm. Code 146.235 Section 146.235  Staffing](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_235.md)
- [89 Ill. Adm. Code 146.240 Section 146.240  Resident Contract](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_240.md)
- [89 Ill. Adm. Code 146.245 Section 146.245  Assessment and Service Plan and Quarterly Evaluation](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_245.md)
- [89 Ill. Adm. Code 146.255 Section 146.255  Discharge](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_255.md)
- [89 Ill. Adm. Code 146.260 Section 146.260  Grievance Procedure](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_260.md)
- [89 Ill. Adm. Code 146.265 Section 146.265  Records and Reporting Requirements](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_265.md)
- [89 Ill. Adm. Code 146.270 Section 146.270  Quality Assurance Plan](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_270.md)
- [89 Ill. Adm. Code 146.275 Section 146.275  Monitoring](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_275.md)
- [89 Ill. Adm. Code 146.280 Section 146.280  Non-Compliance Action](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_280.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P146_S146_220. Check the current official text before relying on it. Not legal advice.
