TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 120 MEDICAID HOME AND COMMUNITY-BASED SERVICES WAIVER PROGRAM FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
SECTION 120.100 OVERVIEW


 

Section 120.100  Overview

 

a)         Observation and protection of rights of individuals

            The observation and protection of rights of individuals receiving mental health and developmental disabilities services in the public and the private sector as set forth in Chapter 2 of the Code are applicable to all Sections of this Part.  The Department and service providers shall ensure that individuals and guardians receive a complete explanation of their rights and responsibilities at the time of service initiation and on request.

 

b)         Non-discrimination

            In accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C.A. 2000d (1996)), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.A. 794 (1996)), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 through 12213 (1996) and 47 U.S.C.A. 225 and 611 (1996)) and the regulations at 45 CFR 80 (1996) and 45 CFR 84 (1996), the Department assures that no individual shall be subjected to discrimination under this Part on the grounds of race, color, national origin, sex, or disability.

 

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 home and community-based services waiver program.  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 program services have the right to a written notice of disposition of the request, or reduction, suspension, denial or termination of services.  Such notice must be mailed at least 10 calendar days prior to the effective date of the action, except, in an emergency, the provisions of Section 120.110(i)(2) of this Part shall apply. Notices shall contain the following information:

 

1)         A clear statement of the action to be taken;

 

2)         A clear statement of the reason for the action;

 

3)         A specific policy reference which supports such action; and

 

4)         A complete statement of the individual's right to appeal, including the provider's grievance process, Department review and Department of Public Aid hearing.

 

(Source:  Amended at 20 Ill. Reg. 4762, effective March 8, 1996)