TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: VOCATIONAL REHABILITATION
PART 521 PROGRAM DEFINITIONS
SECTION 521.20 DEFINITIONS
Section 521.20 Definitions
"Act" means the Disabled Persons Rehabilitation Act [20 ILCS 2405].
"Advocacy" means pleading an individual's cause or speaking or writing in support of an individual that may include representation before public orprivate entities on the behalf of one's self, another individual or a group of individuals.
"Assistive Technology" means any item, piece of equipment, product or system, whether modified, customized or acquired commercially from the manufacturer or off the shelf, that is used to increase, maintain or improve the functional capabilities of an individual with a disability.
"Auxiliary Services" means services that reasonably accommodate a person with a disability and ensure equal access to service delivery (e.g., readers, interpreters, note-takers, computer assisted realtime captioning (CART), etc.). Auxiliary services may be necessary to assist a customer with the completion of a substantial service.
"Center for Independent Living" or "CIL" means a consumer-controlled, community based, cross-disability, nonresidential, private not-for-profit agency that is designed and operated within a local community by individuals with disabilities and that provides an array of independent living services.
"Client Assistance Program" or "CAP" means a program funded under the federal Rehabilitation Act of 1973 (VR Act) (29 USC 701 et seq.) to provide assistance in informing and advising all customers and applicants of all available benefits under the VR Act and upon request of such a customer to assist in the customer's relationship with projects, programs and services provided by the VR Act. CAP services can include assistance and advocacy in pursuing legal, administrative or other appropriate remedies to ensure the protection of the customer's rights under the Act. CAP may also serve customers of the Home Services Program.
"Comparable Benefit" means a service that is available at the time the service is needed by a customer and is used to determine eligibility (see 89 Ill. Adm. Code 553) or to achieve the vocational goal and objectives specified in the customer's Individualized Plan for Employment (IPE) (see 89 Ill. Adm. Code 572) that, when provided to DHS-DRS customers by a public or private agency or agencies other than DHS-DRS, offset costs that would otherwise be paid by DHS-DRS or the customer.
"Competitive Employment Outcome" means full-time or part-time work in the competitive labor market in an integrated setting, for which the customer is compensated with the customary wage and level of benefits, but not less than the minimum wage.
"Confidential Information" means all closed, active and future records and conversations (including Teletypewriter/Telecommunication Devices for the Deaf (TTY) and Nextalk) kept by DHS-DRS concerning the customer's program of services. Printouts from TTY conversations must be destroyed upon completion and documentation of the call.
"Customer" means a person who has requested, been referred for, is receiving, or has received any DHS-DRS services, including a student at a DHS-DRS school.
"Customer Financial Analysis" means a calculation using form IL 488-0265, developed by DHS-DRS to determine the customer and family financial participation.
"Customer Financial Participation" means the amount of money, as determined by the completion of the Customer Financial Analysis, that a customer or the customer's family must contribute to the cost of services and the amount of any voluntary contributions the customer or his or her family wishes to contribute to the cost of services.
"Dependent" means an individual who receives half or more of his or her normal living expenses from his or her family. When a dependent customer is receiving training services at a post-secondary institution, the customer may retain dependent status up to the age of 24.
"DHS" means the Illinois Department of Human Services.
"DHS-DRS" means the Illinois Department of Human Services-Division of Rehabilitation Services.
"Director" means the Director of the Division of Rehabilitation Services.
"Employee" means any person employed by DHS-DRS to participate in the delivery of DHS-DRS programs. The term shall also include supervisory level personnel and others in management positions.
"Extended Period of Time" means a period of at least six months or longer.
"Extended Services" means services that are needed over an extended period of time to maintain a customer with a most significant disability who had participated in the Supported Employment Program. Extended services include both paid and unpaid services.
"Family", for purposes of identifying individuals included in the family when completing the Customer Financial Analysis, shall include the customer and all other family members. A family member is anyone who resides in the same household and is related to the customer by blood or marriage or has a close interpersonal relationship with the customer.
"Financial Contribution" means the amount of DHS-DRS' payment for services that are needed to determine eligibility or to assist in achieving an employment outcome.
"Financial Participation" means the amount of money, as determined by the completion of the Customer Financial Analysis, that a customer or the customer's family must contribute to the cost of services, and the amount of any voluntary contributions the customer or the customer's family wishes to contribute to the cost of services.
"Grievant" means any customer, or licensed vendor as specified in 89 Ill. Adm. Code 650 (Vending Facility Program for the Blind), who has been aggrieved by any action or inaction by DHS-DRS.
"Guardian" means the person appointed by a court as the guardian of the person of a minor or an adult.
"Hearing" means an administrative hearing of the appeal of the grievant as set forth in 89 Ill. Adm. Code 510.105 and presided over by an Impartial Hearing Officer.
"Hearings Coordinator" means the DHS Chief, Bureau of Administrative Hearings, who is responsible for communicating with the grievant about the appeal requests, docketing and scheduling hearings, and coordinating the appointment of Impartial Hearing Officers.
"Impartial Hearing Officer" means the individual appointed to conduct the hearing (see 89 Ill. Adm. Code 510.90).
"Inaction" means the failure of DHS-DRS to act within the time lines specified by the program rules.
"Income" means all earned and other income from all sources, including all types of public support; wages, tips, disability payments, Worker's Compensation, interest or dividends from investments, savings, trust funds, certificates of deposit, etc.; child support, spousal support, income from rental and leased property; and private sources. The value of readily available assets (i.e., cash-on-hand, checking accounts, savings accounts, certificates of deposit, stocks, bonds, accessible trust funds) shall not be considered as income for the purpose of completion of the Customer Financial Analysis, unless those assets have been established for the support or training of the customer. Income from all family members, 19 and older, will be included in the completion of the customer financial analysis.
"Independent Living Core Services" means the minimum services an organization must provide to be considered a CIL. These services are information and referral services, independent living skills training, peer counseling, including cross-disability peer counseling, and individual and system advocacy.
"Independent Living Plan" or "ILP" means a written plan that outlines the Independent Living Services that are to be provided to a customer determined eligible to receive Independent Living Services. The ILP must be jointly developed by the CIL and the customer, who will receive Independent Living Services. An ILP must be developed for each customer who receives Independent Living Services unless the customer specifically signs a statement waiving his or her rights to have an ILP.
"Independent Living Services" means services in addition to the Independent Living Core Services provided by a CIL that DHS would take into consideration when approving funding or continued funding for a CIL.
"Industry Recognized Credential" means a certificate, license or other documentation indicating that an individual has completed training that allows him or her to engage in a particular occupation.
"Informal Resolution Conference" means an attempt to informally resolve an appeal by the grievant and DHS-DRS, as set forth in 89 Ill. Adm. Code 510.100.
"Informed Choice" means an interactive process between DHS-DRS and the customer that provides sufficient, objective information and options that are designed to empower the customer in selecting services, providers and outcomes.
"Integrated Setting" means a setting typically found in the community in which customers interact with non-disabled individuals other than individuals who are providing service to the customer. With respect to an employment outcome, an integrated setting means a setting typically found in the community in which the customer interacts with non-disabled individuals, to the same extent that non-disabled individuals in comparable positions interact with other persons.
"Job Coaching" means a method of providing ongoing support services through the use of a worker known as a "job coach" who is present with the customer at the job site. These workers provide a variety of training, monitoring and support functions to customers receiving supported employment services.
"Mediator" means an individual who is qualified in mediation and knowledgeable of the laws and regulations relating to the provision of vocational rehabilitation services.
"Natural Supports" mean unpaid assistance provided in the work setting to a customer receiving supported employment services.
"Normal Living Expenses" means housing, food that is purchased for preparation and consumption at home, clothing and utilities.
"On-the-Job Evaluation" means the methods and determinations used to evaluate whether a customer has the capabilities to perform work tasks relevant to their ability to achieve an employment outcome.
"On-the-Job Training" means specific skills training provided at an employment site to a customer who has demonstrated the ability to perform the duties associated with the specific job title.
"Ongoing Support Services" means support services that are provided over a time-limited period that are designed to assist a customer with a most significant disability to maintain employment in a supported employment setting. Ongoing support services are provided in accordance with a support reduction schedule as described in the customer's IPE.
"Order of Selection" means the process that determines the priority in which customers are served, based on the categories listed in 89 Ill. Adm. Code 553.130.
"Parent" means either a natural or adoptive parent, except those whose parental rights have been terminated voluntarily or by order of a court, or otherwise restricted by order of a court.
"Personal Assistant" or "PA" means an individual employed to assist an individual with a disability to perform daily living activities that the individual would typically perform without assistance if the individual did not have a disability.
"Personal Representative" means an attorney, CAP representative or other individual designated by a grievant to act on the grievant's behalf in the proceedings of a hearing.
"Physical & Mental Restoration" means medical or medically related rehabilitation and therapeutic services that are likely, within a reasonable period of time, to correct or modify substantially a stable or slowly progressive physical or mental impairment that constitutes a substantial impediment to employment.
"Placement" means services necessary to assist a customer in obtaining employment in his or her chosen occupational area. Placement services shall include, but not be limited to: interviewing skills training; resume preparation; interview preparation; referral to other agencies and prospective employers; and identification of prospective employers.
"Post-employment Services" means a VR service provided to a customer, not lasting more than 6 months, to maintain, regain or advance in employment.
"Post-school Activities" means vocationally oriented activities undertaken by a customer or student after he or she leaves the secondary education system. These activities may include: post-secondary education; vocational training; integrated employment, including supported employment; continuing and adult education; VR services; and community participation.
"Proof of Income" means the portion of the most recent tax return that contains the adjusted gross income and the signature of the person submitting the return. Proof of income must be provided for each individual included in the definitions of "family" and "income" in this Section. An estimated annual income will be calculated based on current wage records if an annual federal tax return has not yet been completed or if the financial status has significantly changed since the last submitted tax return.
"Rehabilitation Closure" means a closure taken on a customer's case when he or she was provided substantial services over an extended period of time that enabled the customer to achieve a successful employment outcome.
"Rehabilitation Services Administration" or "RSA" is a division under the U.S. Department of Education that administers the federal VR program.
"Rehabilitation Technology" means systematic application of technologies, devices and services to meet the needs of people with disabilities and to address the barriers confronted by them.
"Representative" means an attorney, CAP representative or other individual designated by the customer who is authorized to act on the customer's behalf.
"Schools" means the three State Schools operated by DHS-DRS: the Illinois Center for Rehabilitation and Education-Roosevelt, the Illinois School for the Deaf, and the Illinois School for the Visually Impaired.
"Secondary Transitional Experience Program" or "STEP" means a program of transition services provided through cooperative agreement of DHS-DRS and a Local Educational Agency (LEA).
"Self-employment" means a customer working for himself or herself in a business selling goods or services for the purpose of making a profit that will allow the customer to achieve an employment outcome.
"Services" means the services provided by and through DHS-DRS to customers of the Vocational Rehabilitation program as described in 89 Ill. Adm. Code 590 (Services).
"Standard Budget Allowance" or "SBA" means a figure equal to 70% of the State Median Income established by the Office of Community Programs of the U.S. Department of Health and Human Services that are published annually in the Federal Register.
"State Plan for Independent Living" means the plan jointly developed by DHS and the Statewide Independent Living Council (SILC) (see 89 Ill. Adm. Code 515) and approved by the Director and the Chairperson of SILC, which is submitted for review and approval by RSA. The State Plan includes outlines for services, goals and objectives of the DHS-DRS Independent Living Program, as well as the plan for Independent Living Services throughout the State, and is the basis for Part B Funds received from RSA.
"Statewide Independent Living Council" or "SILC" means the council established pursuant to the VR Act and the Disabled Persons Rehabilitation Act [20 ILCS 2405/12a] and governed by 89 Ill. Adm. Code 515.
"Substantial Services" means services such as training, restoration and/or placement that, when provided in the context of the counseling relationship, collectively and significantly contribute to the achievement of an employment outcome consistent with the informed choice of the individual.
"Successful Outcome" means, with respect to a customer:
entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market;
satisfying the vocational outcome of supported employment; or
satisfying any other vocational outcome recognized by RSA.
"Support Reduction Schedule" means a planned method of gradual reduction in the amount of ongoing support services provided to a customer receiving supported employment services. The purpose of the support reduction schedule is to reduce reliance on supports during the course of the customer's participation in supported employment services to the greatest degree possible while maintaining the customer in employment, and to assist the customer in making a transition to extended services.
"Support Services" means non-disability related services (e.g., tutors, transportation, books and supplies, etc.) needed to assist in the completion of a substantial service required to obtain the employment outcome.
"Supported Employment" means competitive employment in an integrated setting with ongoing support services for customers with the most significant disabilities:
for whom competitive employment has not traditionally occurred or has been interrupted or intermittent as a result of their disability; and
who, because of the nature of their disabilities, need intensive supported employment services in order to perform this work.
"Supported Employment Services" means ongoing services needed to support and maintain an individual with the most significant disability in supported employment. These services are provided for a period of time not to exceed 18 months, unless, under special circumstances, the time is extended to achieve the rehabilitation objectives identified in the IPE.
"Time-limited Services", in the context of supported employment services, means services that are provided for a period of no more than 18 months in accordance with a support reduction schedule. Under special circumstances this time period may be extended with the agreement of the customer and the counselor when an extension is needed to achieve the employment outcome.
"Transition" means a coordinated set of services for a customer or student, usually enrolled at the secondary education level, designed to promote movement from school to employment.
"Transitional Employment" means a series of temporary job placements in competitive work, in an integrated work setting with ongoing support services for individuals with the most severe disabilities due to mental illness.
"Un-served" or "Under-served" means groups or populations of individuals with severe disabilities living in the State that are not receiving sufficient services.
"Unusual Allowable Expenses" as related to the completion of the customer financial analysis, are expenses directly related to the customer's or other family member's disability, such as on-going medical treatment, medication, adaptive equipment, and rehabilitation technology services. These costs are currently being paid by the customer or customer's family and are not paid for through insurance or any other source. Cost associated with another family member attending post-secondary education, which is currently paid by the family, shall also be included as an Unusual Allowable Expense. Unusual Allowable Expenses shall not be included in the customer Financial Analysis without appropriate documentation of each expense.
"VR Act" means the federal Rehabilitation Act of 1973 (29 USC 701 et seq.).
(Source: Amended at 36 Ill. Reg. 6585, effective April 13, 2012)