TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 106
SERVICES CHARGES
SECTION 106.10 ESTATES OF RECIPIENTS ADMITTED TO STATE HOSPITALS (REPEALED)
Section 106.10 Estates of
recipients admitted to state hospitals (Repealed)
(Source: Repealed at 8 Ill. Reg. 22555, effective November 7, 1984)
 | TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 106
SERVICES CHARGES
SECTION 106.15 DEFINITIONS
Section 106.15 Definitions
"Allowable reserve." An amount set by the
Department in accordance with Section 106.45(g) which is exempt from services
charges.
"Annual income." Adjusted gross income as defined
by Section 2-203 of the Illinois Income Tax Act [35 ILCS 5/203].
"Average per capita cost." Amount calculated for
the daily average per capita cost of operation of all Department facilities for
the fiscal year immediately preceding the period of State care for which the
rate is being calculated [405 ILCS 5/5-106].
"Board of Reimbursement Appeals." Board appointed
by the Governor consisting of 3 persons whose duties are to review decisions of
the Department under Sections 5-105 through 5-115 of the Mental Health and
Developmental Disabilities Code [405 ILCS 5/5-105 through 5-115].
"Department." The Department of Human Services.
"Estate of recipient." All income and assets,
including real property.
"Ill-1, Financial Questionnaire." A designation
assigned to a set of schedules developed for the purpose of collecting
financial data on recipients of services and their statutorily responsible
relations.
"Legal dependents." Those persons dependent upon
the recipient for more than one-half of their support and shown as dependent on
the recipient's U.S. Individual Income Tax Return.
"Medical costs." Services for the diagnosis and
treatment of conditions, other than the recipient's handicapping condition,
which are provided by a hospital.
"Notice of determination." Notification sent to an
individual when charges have been established for recipient services [405 ILCS
5/5-111].
"Recipient of services" or "recipient."
A person who has received or is receiving services partially or wholly
supported by the Department [405 ILCS 5/1-123].
"Responsible relative." Spouse of a recipient or
parent of a recipient under age 18 [405 ILCS 5/1-124 and 5-105].
"Secretary." The Secretary of the Department of
Human Services or his or her designee.
"Services." Services which are rendered and are
partially or wholly supported by the Department.
(Source: Amended at 13 Ill. Reg. 3821, effective March 14, 1989)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 106
SERVICES CHARGES
SECTION 106.20 MAXIMUM CHARGES FOR TREATMENT (REPEALED)
Section 106.20 Maximum
charges for treatment (Repealed)
(Source: Repealed at 8 Ill. Reg. 22555, effective November 7, 1984)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 106
SERVICES CHARGES
SECTION 106.25 CHARGES FOR SERVICES
Section 106.25 Charges for
services
a) The maximum charge for services to be assessed against a
recipient, or the estate of a recipient in a Department-operated facility,
shall be 55% of the average per capita cost commencing January 1, 1985; 65% of
the average per capita cost commencing January 1, 1986; 75% of the average per
capita cost commencing January 1, 1987; 85% of the average per capita cost
commencing January 1, 1988; 95% of the average per capita cost commencing
January 1, 1989; and 100% of the average per capita cost commencing January 1,
1990 and each January 1 thereafter to be recalculated annually.
b) The standard authorized by Section 5-116 of the Mental Health
and Developmental Disabilities Code [405 ILCS 5/5-116] by which the Department
will set the rate for responsible relatives to provide support will be based on
a percentage of annual income, considering the number of dependents. Section
106.Table A, found at the end of this Part, is used for determining the support
obligation of a responsible relative.
c) The maximum rate to be used when filing claims for benefits
under Title XVIII of the Social Security Act (Medicare) (42 U.S.C.A. 1395b-1
(1996)), Title XIX of the Social Security Act (Medicaid) (42 U.S.C.A. 1396a
(1996)) Veteran's Administration benefits (38 U.S.C.A. 521, 541, 542 (1996)),
Champus/Champva (38 U.S.C.A. 601 (1996)) and active military, is not to exceed
the rate set by the Department of Public Aid, or as approved each year for the
respective program. Payments received from a benefit or federal insurance program
shall be credited on a dollar for dollar basis for each covered day up to the
maximum per capita cost for which the recipient has a liability or the
contracted rate established by the provider, whichever is less. Responsible
relatives cannot be assessed a charge during periods such coverage is received.
d) All payments received from private hospitalization insurance
shall be credited against the recipient's liability on a dollar for dollar
basis up to the prevailing maximum charge for recipients as established in this
Section.
e) All payments on behalf of recipients from any source shall be
credited against Medicaid (42 U.S.C.A. 1396a (1996)) billings if for the same
period of service.
f) If a spouse who is a legal dependent of a recipient is designated
as payee of the recipient's benefits and is using such benefits as his/her
income, charges shall be established on the total combined income in accordance
with the schedule in Section 106.Table A as provided for in Section 5-116 of
the Mental Health and Developmental Disabilities Code [405 ILCS 5/5-116].
g) Voluntary payments in excess of required amounts will be
accepted from the recipient and from responsible relatives as well as from
persons not legally responsible.
(Source: Amended at 15 Ill. Reg. 1555, effective January 22, 1991)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 106
SERVICES CHARGES
SECTION 106.30 LIABILITY FOR TREATMENT CHARGES (REPEALED)
Section 106.30 Liability for
treatment charges (Repealed)
(Source: Repealed at 8 Ill. Reg. 22555, effective November 7, 1984)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 106
SERVICES CHARGES
SECTION 106.35 LIABILITY FOR SERVICES CHARGES
Section 106.35 Liability for
services charges
a) A recipient of services in Department facilities and
the estate of such recipient has the primary liability for payment of sums
representing charges for services at the prevailing maximum rate as determined
by the Department. If a recipient is unable to pay such rate, or the
estate of the recipient is insufficient for payment, the responsible
relatives are severally liable for payment of the balance
due according to the rates prescribed in Section 106.Table A of this Part.
The liability of each responsible relative for payment of services charges
ceases when payments on the basis of financial ability have been made for a
total of 12 years. (Section 5-105 of the Mental Health and Developmental
Disabilities Code [405 ILCS 5/5-105])
b) The responsibility for liability for services charges shall be
established in the following order:
1) Recipient of services or the estate of the recipient
A) The recipient of services or the estate of the recipient has a
liability as long as there are unpaid services charges.
B) Income accruing from a trust estate of a recipient shall be
charged the same as other assets. If the income from such trust is not
sufficient to meet the maximum cost of services to the recipient, the
Department shall, in those cases where the trust agreement specifically states
that the principal, if needed, may be used, establish charges against both the
income and the corpus of the trust.
2) Responsible relatives
A) A spouse is liable for services charges unless the other spouse
willfully failed to contribute to the spouse's support for a period of
five years preceding admission. Any spouse claiming exemption from
liability for charges, due to willful failure to support for five or
more years, shall be required to furnish the Department with clear and
convincing evidence substantiating such claim. (Section 5-105 of the
Mental Health and Developmental Disabilities Code [405 ILCS 5/5-105]) Such
evidence may consist of a judgment of legal separation or other evidence of
lack of support for the five year period. A spouse ceases to be liable for
services charges for the other spouse on the effective date of a divorce unless
financial liability is established by the marriage dissolution or maintenance
decree.
B) Parents, natural or adoptive (Instruments Regarding Adopted
Children Act [760 ILCS 30]), are severally liable whether living together or
apart unless a court order pursuant to a marriage dissolution under the
Illinois Marriage and Dissolution of Marriage Act [750 ILCS 5] provides
otherwise. No parent shall be personally liable for services charges incurred
by a child after such child reaches the age of majority (18), except under a
type of insurance arrangement which provides coverage for the recipient.
c) Charges for services shall not be made for recipients committed
by the court to the Department of Corrections and then admitted to a Department
facility for observation, diagnosis and treatment/habilitation for any period
that the recipient is still under commitment to the Department of Corrections.
d) Charges for services shall be established against the estate
and income of recipients in Department facilities whom the court has determined
as being legally unfit to stand trial or not guilty by reason of insanity, but
no services charges shall be assessed against the relatives of such recipients.
e) Charges for services for a recipient under the age of 18 shall
be limited to the lesser of the cost of medical care provided, which are
unrelated to the individual's handicapping condition, or the amount indicated
on the responsible relative schedule for a responsible relative (see Section
106.Table A of this Part); or individual liability as determined by Section
106.45 for an individual payee.
f) Charges for a recipient between the ages of 18 and 21 are limited
to the provisions of subsection (e) of this Section if the individual is
receiving services under the Education for the Handicapped Act (20 U.S.C.A.
1400 (1996)). For a recipient between the ages of 18 and 21, who is not
receiving services under the Education for the Handicapped Act (20 U.S.C.A.
1400 (1996)), the provisions of subsections (a) through (d) of this Section
apply.
g) When a recipient of services under the age of 22 receives
benefits from a federal government agency, which are to provide for the
individual's care and maintenance needs, such funds, less the applicable
personal allowance of $40 per month, shall be applied toward the State's cost
of providing such care.
h) If the recipient is also a Medicaid recipient and receives
benefits from a federal government agency, such funds, less the applicable
personal allowance as specified in 89 Ill. Adm. Code 113.247, must be applied
toward such Medicaid charges in accordance with 42 CFR 435.732 (1996). Claims
submitted by the Department to the Illinois Department of Public Aid (IDPA)
shall be reduced by the amount of these net benefits.
(Source: Amended at 12 Ill. Reg. 10472, effective June 7, 1988)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 106
SERVICES CHARGES
SECTION 106.40 DETERMINATION OF ABILITY TO PAY TREATMENT CHARGES (REPEALED)
Section 106.40 Determination
of ability to pay treatment charges (Repealed)
(Source: Repealed at 8 Ill. Reg. 22555, effective November 7, 1984)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 106
SERVICES CHARGES
SECTION 106.45 DETERMINATION OF ABILITY TO PAY SERVICES CHARGES
Section 106.45 Determination
of ability to pay services charges
a) The Department, in determining the ability of the responsible
person (recipient, responsible relative, guardian, trustee and/or payee) to pay
services charges, shall assemble any necessary information pertaining to his or
her financial status and shall then set the amount for which the responsible
person shall be held liable. Recipients and all responsible persons must
furnish financial information on admission or as soon thereafter as possible to
enable the Department to make a proper determination of the sources available
for the cost of services charges. The liability for payment of services charges
shall be based on information available at the time of determination. (Such
data may include savings, trusts, wills, evidence of indebtedness, evidence of
court-ordered payments, and the like.) Each person for whom a determination
has been made shall be issued a form DMHDD-612, Notice of Determination,
notifying the person of his or her liability. Such notice shall be issued even
when current determined liability is $0.00.
b) When there is a demonstrated ability to pay, payment for
services is an obligation established by Sections 5-100 through 5-117 of the
Mental Health and Developmental Disabilities Code [405 ILCS 5/5-100 through
5-117] against the recipient, responsible relatives, guardians, trustees and/or
payees.
c) If the responsible person fails to submit financial
information as requested, the Department may assess services charges at the
maximum rate of charge as provided in Section 106.25 until such information is
supplied and an actual assessment can be determined. In the absence of billing
during the period covered in such instances, the Department may consider that
notices and requests for information as previously sent shall constitute ample
notice of liability and indebtedness for such period. However, in subsequent
review or annual redetermination involving responsible relatives, no services
charges shall be retroactively established prior to the date of contact for
financial information.
d) Subsequent review could be initiated by the recipient of
services prior to the annual redetermination due to changes in ability to pay
or as a result of an administrative hearing or by the Board of Reimbursement
Appeals. Recipients and responsible relatives have a responsibility to inform
the Department of any changes.
e) Liability of responsible relatives shall be reviewed annually
and such responsible relatives shall be requested to submit copies of their
most recent U.S. Individual Income Tax Return. This information will be used
as a basis for determining services charges in accordance with this Part and
the schedule of charges in Section 106.Table A of this Part.
f) The determination by the Department of the liability of a
responsible person to pay an amount up to the maximum rate as established in
Sections 106.25 and 106.25(b) shall continue in force until the Department
determines a different amount on the basis of changes in circumstances
surrounding the person's ability to pay, or until a change has been made in the
standards of ability to pay set forth in Sections 106.25 and 106.25(b) or until
a release from or a modification of services charges is granted upon a hearing
on the petition of a person liable in accordance with Section 106.75 and
Section 5-111 of the Mental Health and Developmental Disabilities Code [405
ILCS 5/5-111].
g) The determination of the ability to pay and amount of
liability of the recipient for services charges, up to the prevailing maximum
rate established for recipients in Section 106.25, shall be based on all assets
and income of the recipient. After considering the recipient's legal
dependent's financial needs as covered in subsection (k) of this Section, all
resources and assets are reduced to the allowable reserve exemption in
accordance with subsection (h) of this Section.
h) The allowable reserve exemption, as provided for in Section
5-106 of the Mental Health and Developmental Disabilities Code [405 ILCS
5/5-106], is determined by the amount of assets owned at the time of the
recipient's admission except that the allowable reserve exemption from all
sources cannot exceed that established by the Illinois Department of Public Aid
at 89 Ill. Adm. Code 120.382. The recipient's allowable reserve exemption can
only be increased by the unused portions of the monthly personal and clothing
allowance or unspent workshop or other monetary incentive funds , such as
living skills program funds. Payments to be paid by the recipient for
services charges may not be deferred to build a reserve up to the maximum
amount allowed.
i) If the recipient becomes eligible and is approved for
Medicaid (42 U.S.C.A. 1396a (1996)), 42 CFR 430 (1996) and the Department of
Public Aid's rules at 89 Ill. Adm. Code 120.40 and 120.382 govern the allowable
reserve and personal and clothing allowance.
j) The Department shall allow deductions from income for a
community spouse maintenance needs allowance and a family maintenance needs
allowance for each dependent family member who does not have enough income to
meet his or her needs. Family members include dependent children under age 21,
dependent adult children, dependent parents or dependent siblings of either
spouse who are living with the community spouse. To determine the amount of the
deduction:
1) The deduction for the community spouse maintenance needs
allowance, as set forth in the Department of Public Aid's rule at 89 Ill. Adm.
Code 120.61(d), is equal to the community spouse maintenance needs standard
less any non-exempt monthly income of the community spouse. The deduction is
allowed only to the extent that income of the spouse who is receiving services
at a Department-operated facility is contributed to the community spouse.
However, the deduction for the community spouse maintenance needs allowance
shall not be less than the amount ordered by the court for support of the
community spouse or the amount determined as the result of the fair hearing.
2) The deduction for the family maintenance needs allowance for
each dependent family member is equal to one-third of the difference between
the family maintenance needs standard and any non-exempt income of the family
member as set forth in the Department of Public Aid's rule at 89 Ill. Adm. Code
120.61(d).
k) Prior to the assessment of services charges against a
recipient of services, the Department shall review the financial needs of the
recipient's legal dependents. The financial needs of these legal dependents
shall be based on amounts expended up to an amount equal to the minimum yearly
income for which a responsible relative would be subject to a charge as shown
in Section 106.Table A. Any amounts as allowed which are not expended for
support of legal dependents claimed on the recipient's U.S Individual Income
Tax Return, shall be subject to services charges.
l) When it is necessary for the Department to disclose
information in order to collect services charges, such disclosure shall be
limited to information needed to pursue collection, and the information so
disclosed shall not be used for any other purpose nor shall it be redisclosed
except in connection with such collection activities. (See Section 11 of the
Mental Health and Developmental Disabilities Confidentiality Act [740 ILCS
110/11])
(Source: Amended at 18 Ill. Reg. 15606, effective October 5, 1994)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 106
SERVICES CHARGES
SECTION 106.50 STANDARDS FOR ABILITY TO PAY TREATMENT CHARGES (REPEALED)
Section 106.50 Standards for
ability to pay treatment charges (Repealed)
(Source: Repealed at 8 Ill. Reg. 22555, effective November 7, 1984)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 106
SERVICES CHARGES
SECTION 106.60 ALLOWANCES FOR UNUSUAL EXPENSES OR CIRCUMSTANCES IN DETERMINING ABILITY TO PAY TREATMENT CHARGES (REPEALED)
Section 106.60 Allowances
for unusual expenses or circumstances in determining ability to pay treatment
charges (Repealed)
(Source: Repealed at 8 Ill. Reg. 22555, effective November 7, 1984)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 106
SERVICES CHARGES
SECTION 106.65 ALLOWANCES FOR UNUSUAL EXPENSES AND/OR EXCEPTIONAL CIRCUMSTANCES IN DETERMINING ABILITY TO PAY SERVICES CHARGES
Section 106.65 Allowances
for unusual expenses and/or exceptional circumstances in determining ability to
pay services charges
a) If an examination or re-examination reveals unusual and/or
exceptional circumstances which indicate that the responsible relative's
adjusted gross income as reported on his/her most recent U.S. Individual Income
Tax Return or the recipient's income and assets as reported on schedules B and
C of the I11-I, Financial Questionnaire is not an adequate measure to determine
ability to pay services charges in accordance with Sections 106.25 and 106.45,
allowances for the unusual and/or exceptional circumstances listed below shall
be made in the application of the schedule of charges in Section 106.Table A of
this Part.
1) Unemployment;
2) Provable reduction in income;
3) Additional dependents;
4) Medical and related costs over the amounts covered by insurance;
5) Unforeseen catastrophic expenses.
6) Undue hardship created by excessive increase in liability is
limited to 100% prior year assessment applicable only to those assessed prior
to July 1, 1984.
b) All individuals requesting allowance due to subsection (a) of
this Section must furnish proof of the unusual and/or exceptional
circumstances.
(Source: Amended at 12 Ill. Reg. 18158, effective October 31, 1988)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 106
SERVICES CHARGES
SECTION 106.70 PETITION FOR RELEASE FROM OR MODIFICATION OF TREATMENT CHARGES (REPEALED)
Section 106.70 Petition for
release from or modification of treatment charges (Repealed)
(Source: Repealed at 8 Ill. Reg. 22555, effective November 7, 1984)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 106
SERVICES CHARGES
SECTION 106.75 PETITION FOR RELEASE FROM OR MODIFICATION OF SERVICES CHARGES
Section 106.75 Petition for
release from or modification of services charges
a) Any person who has been issued a form DMHDD-612, Notice
of Determination, of sums due as service charges may petition the
Department for a review of such determination. The petition must be in writing
and filed with the Department, 401 Stratton Building, Springfield, Illinois
62765 within 90 calendar days from the date of the form DMHDD-612,
Notice of Determination. [405 ILCS 5/5-111]
b) On the basis of the grievances presented in the petition, the
Department shall review the record and shall make corrections for errors prior
to a formal hearing. If such corrections do not resolve the issue raised, the
Department shall provide for a hearing to be held on the services charges for
the period covered by the petition. Pre-hearing conferences may be arranged by
the Department prior to scheduling of formal hearing to develop factors not
included in the Department's master file record, which could result in
resolution of the issues raised.
c) A notice stating the date, time, and place of the hearing
shall be sent by certified mail to the address given on the petition of the
person entering the petition not less than 10 calendar days in advance of the
date of such hearing. Hearings will be scheduled at a time and place to be
determined by the Department. The place selected will be an appropriate
location, with a view to geographic grouping of the cases to be heard, to keep
travel at a minimum for all parties.
d) The person petitioning the Department shall appear personally
and may bring such witnesses as may be deemed necessary and may be represented
by a person of his or her own choice.
e) A hearing officer duly authorized by the Secretary of the
Department shall conduct the hearing as follows:
1) The hearing is officially opened when the purpose of same has
been stated and governing authorities have been cited.
2) Presentation of the hearing's examiner credentials. Leave to
substitute a copy for incorporation in the record shall be sought, in order to
retain the original in the Department's master file.
3) Swearing in of those who are to testify as witnesses,
petitioner and others appearing on his or her behalf, the Department's
representative or representatives, etc. Identification for the record by name
and title. The hearing officer shall have the authority to subpoena witnesses
and to compel the production of books and records (see 20 ILCS 1705/17).
4) The petitioner is given preference as to the order of
appearances by agreement as to the format of the hearing, as a result of a
preliminary conference between both parties. If agreeable, the Department's
case is the first to be recited into the record for the purpose of developing a
basis for the hearing. All documents, in support of such testimony, are
numbered and offered into evidence as the Department's exhibits. Leave to
substitute copies of such documents is sought so the originals may be retained
in the Department's master file.
5) Upon completion of the Department's case, cross examination of
the Department may be held if desired, either by the petitioner, or his or her
attorney, if so represented.
6) The petitioner then states, either directly, or upon
examination by the counsel, the reason for requesting a modification or release
from charges, and submits documents to substantiate allegations made by him or
her, or as a rebuttal of the Department's allegations. These exhibits are
numbered and identified for record purposes as petitioner's exhibits. The
presiding hearing's examiner has complete authority for determining what
testimony or evidence is relevant and admissible into the record, either by the
Department or the petitioner.
7) After all direct testimony has been completed, and all
evidence by both the Department and the petitioner is in, cross-examination may
again be held, if so desired.
8) When there is no further testimony or evidence to be offered
by either party, the hearing is to be considered adjourned with the explanation
that no decision will be rendered on the testimony and evidence submitted,
inasmuch as the complete record will be reviewed and a full report, with
recommendations will be submitted to the Secretary of the Department who will
ultimately review the findings and recommendations and render a final decision
as to whether the determination is subject to change, and so notify the
petitioner.
9) If the findings of the hearing indicate that an error has been
made in the original determination, or new or additional information indicates
supplemental allowances are in order, an independent redetermination shall be
made by the hearings examiner responsible for preparation of the report to
conform.
10) Within 30 days, but no later than 60 days subsequent to the
hearing, a copy of the Department's letter of decision, bearing the Secretary's
signature, noted as to the date of the signature, along with a copy of the
findings and recommendations shall be issued to the petitioner.
f) The common law rules of evidence shall not be enforced in the
conduct of the hearing (see 5 ILCS 100/10-40). The hearing officer may ask and
receive answers to such questions as are pertinent and proper for a fair
determination of the case. Exhibits may be received as part of the evidence
and shall be numbered in order according to whether they are the Department's
or the petitioner's exhibits.
g) The hearing officer shall make a recommendation on the basis
of statutory guidelines (see 405 ILCS 5 and 20 ILCS 1705), rules of the
Department (59 Ill. Adm. Code) and the testimony and evidence presented. The
Secretary shall review the record and the recommendation of the hearing officer
shall become final only upon receiving the Secretary's signature indicating his
or her assent thereto.
h) The Department is not authorized or empowered by the Mental
Health and Developmental Disabilities Code [405 ILCS 5] to hold a subsequent
hearing based on the same set of facts existing at the time the Departments
final order was entered.
i) The Department shall keep a certified true copy of the record
of the hearing and shall furnish such record to any court reviewing its
decision or to the Board of Reimbursement Appeals (see 735 ILCS 5/3-101). The
record shall be forwarded to a petitioner or to a person authorized by the
petitioner to examine the record subject to costs as outlined in Section 5-111
of the Mental Health and Developmental Disabilities Code [405 ILCS 5/5-111].
j) Any person aggrieved by the decision of the Department
upon such hearing may, within 30 days thereafter, file a petition with the
Department for review of such decision by the Board of Reimbursement
Appeals. Upon receiving a petition for review by the Board of Reimbursement
Appeals (the Board), the Department shall notify the Board, which shall
render its decision on the petition within 30 days after it is filed and
certify its decision to the Department. Concurrence of the majority of the
Board is necessary in any such decision. The Board of Reimbursement Appeals
may approve action taken by the Department or may remand the case to the
Secretary with recommendation for redetermination of charges. [405 ILCS
5/5-111 and 5-113]
k) Any person affected by such a final administrative decision
of the Department or the Board of Reimbursement Appeals may have such decision
reviewed only under and in accordance with the Administrative Review Law
[735 ILCS 5/Art. III]. [405 ILCS 5/6-101]
(Source: Added at 8 Ill. Reg. 22555, effective November 7, 1984)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 106
SERVICES CHARGES
SECTION 106.80 COMPUTING COSTS OF HOSPITALIZATION OF RECIPIENTS (REPEALED)
Section 106.80 Computing
costs of hospitalization of recipients (Repealed)
(Source: Repealed at 8 Ill. Reg. 22555, effective November 7, 1984)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 106
SERVICES CHARGES
SECTION 106.85 COMPUTING MONTHLY COSTS OF RECIPIENT SERVICES CHARGES
Section 106.85 Computing
monthly costs of recipient services charges
The liability of recipients, the
estates of recipients and that of responsible relatives for services charges in
Department facilities shall be computed in the following manner:
a) Monthly liability established against recipients of services
is determined by multiplying the per diem rate by the number of actual days of
service received by the recipient during the month.
b) Monthly liability established against responsible relatives is
determined by:
1) The full month's assessed charge whenever the service
recipient's stay at the facility is continuous for the month, or
2) Multiplying the per diem equivalent by the number of actual
service days whenever the recipient's stay is less than the full month.
(Source: Amended at 12 Ill. Reg. 18158, effective October 31, 1988)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 106
SERVICES CHARGES
SECTION 106.90 PARTIAL PAYMENT OF COST OF MAINTENANCE FOR CERTAIN MENTALLY RETARDED PERSONS IN LICENSED PRIVATE FACILITIES (REPEALED)
Section 106.90 Partial
payment of cost of maintenance for certain mentally retarded persons in
licensed private facilities (Repealed)
(Source: Repealed at 6 Ill. reg. 879, effective January 15, 1982)
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 106
SERVICES CHARGES
SECTION 106.100 PARTIAL PAYMENT OF COST OF MAINTENANCE FOR CERTAIN MENTALLY ILL CHILDREN IN LICENSED PRIVATE FACILITIES (REPEALED)
Section 106.100 Partial
payment of cost of maintenance for certain mentally ill children in licensed
private facilities (Repealed)
(Source: Repealed at 6 Ill. Reg. 879, effective January 15, 1982)
Section 106.TABLE A Responsible Relative Liability
| TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 106
SERVICES CHARGES
SECTION 106.TABLE A RESPONSIBLE RELATIVE LIABILITY
Section 106.TABLE A
Responsible Relative Liability
TABLE A
Responsible Relative
Liability
Number in Family
(including recipient)
|
Annual Income
|
|
Family Size
|
|
|
|
Range
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
|
|
|
|
|
|
|
$ 7,000
|
$ 7,500
|
$ 5
|
|
|
|
|
|
|
7,501
|
8,000
|
10
|
|
|
|
|
|
|
8,001
|
8,500
|
15
|
|
|
|
|
|
|
8,501
|
9,000
|
20
|
$ 5
|
|
|
|
|
|
9,001
|
9,500
|
25
|
10
|
|
|
|
|
|
9,501
|
10,000
|
30
|
15
|
|
|
|
|
|
10,001
|
10,500
|
35
|
20
|
$ 5
|
|
|
|
|
10,501
|
11,000
|
40
|
25
|
10
|
|
|
|
|
11,001
|
11,500
|
45
|
30
|
15
|
|
|
|
|
11,501
|
12,000
|
50
|
35
|
20
|
$ 5
|
|
|
|
12,001
|
12,500
|
55
|
40
|
25
|
10
|
|
|
|
12,501
|
13,000
|
60
|
45
|
30
|
15
|
|
|
|
13,001
|
13,500
|
65
|
50
|
35
|
20
|
$ 5
|
|
|
13,501
|
14,000
|
70
|
55
|
40
|
25
|
10
|
|
|
14,001
|
14,500
|
75
|
60
|
45
|
30
|
15
|
|
|
14,501
|
15,000
|
80
|
65
|
50
|
35
|
20
|
$ 5
|
|
15,001
|
15,500
|
85
|
70
|
55
|
40
|
25
|
10
|
|
15,501
|
16,000
|
90
|
75
|
60
|
45
|
30
|
15
|
|
16,001
|
16,500
|
95
|
80
|
65
|
50
|
35
|
20
|
|
16,501
|
17,000
|
100
|
85
|
70
|
55
|
40
|
25
|
|
17,001
|
17,500
|
105
|
90
|
75
|
60
|
45
|
30
|
|
17,501
|
18,000
|
110
|
95
|
80
|
65
|
50
|
35
|
|
18,001
|
18,500
|
115
|
100
|
85
|
70
|
55
|
40
|
|
18,501
|
19,000
|
120
|
105
|
90
|
75
|
60
|
45
|
|
19,001
|
19,500
|
125
|
110
|
95
|
80
|
65
|
50
|
|
19,501
|
20,000
|
130
|
115
|
100
|
85
|
70
|
55
|
|
20,001
|
20,500
|
135
|
120
|
105
|
90
|
75
|
60
|
|
20,501
|
21,000
|
140
|
125
|
110
|
95
|
80
|
65
|
|
21,001
|
21,500
|
145
|
130
|
115
|
100
|
85
|
70
|
|
21,501
|
22,000
|
150
|
135
|
120
|
105
|
90
|
75
|
|
22,001
|
22,500
|
155
|
140
|
125
|
110
|
95
|
80
|
|
22,501
|
23,000
|
160
|
145
|
130
|
115
|
100
|
85
|
|
23,001
|
23,500
|
165
|
150
|
135
|
120
|
105
|
90
|
|
23,501
|
24,000
|
170
|
155
|
140
|
125
|
110
|
95
|
|
24,001
|
24,500
|
175
|
160
|
145
|
130
|
115
|
100
|
|
24,501
|
25,000
|
180
|
165
|
150
|
135
|
120
|
105
|
|
Annual Income
|
|
Family Size
|
|
|
|
Range
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
|
|
|
|
|
|
|
25,001
|
25,500
|
185
|
170
|
155
|
140
|
125
|
110
|
|
25,501
|
26,000
|
190
|
175
|
160
|
145
|
130
|
115
|
|
26,001
|
26,500
|
195
|
180
|
165
|
150
|
135
|
120
|
|
26,501
|
27,000
|
200
|
185
|
170
|
155
|
140
|
125
|
|
27,001
|
27,500
|
205
|
190
|
175
|
160
|
145
|
130
|
|
27,501
|
28,000
|
210
|
195
|
180
|
165
|
150
|
135
|
|
28,001
|
28,500
|
215
|
200
|
185
|
170
|
155
|
140
|
|
28,501
|
29,000
|
220
|
205
|
190
|
175
|
160
|
145
|
|
29,001
|
29,500
|
225
|
210
|
195
|
180
|
165
|
150
|
|
29,501
|
30,000
|
230
|
215
|
200
|
185
|
170
|
155
|
|
30,001
|
30,500
|
235
|
220
|
205
|
190
|
175
|
160
|
|
30,501
|
31,000
|
240
|
225
|
210
|
195
|
180
|
165
|
|
31,001
|
31,500
|
245
|
230
|
215
|
200
|
185
|
170
|
|
31,501
|
32,000
|
250
|
235
|
220
|
205
|
190
|
175
|
|
32,001
|
32,500
|
255
|
240
|
225
|
210
|
195
|
180
|
|
32,501
|
33,000
|
260
|
245
|
230
|
215
|
200
|
185
|
|
33,001
|
33,500
|
265
|
250
|
235
|
220
|
205
|
190
|
|
33,501
|
34,000
|
270
|
255
|
240
|
225
|
210
|
195
|
|
34,001
|
34,500
|
275
|
260
|
245
|
230
|
215
|
200
|
|
34,501
|
35,000
|
280
|
265
|
250
|
235
|
220
|
205
|
|
35,001
|
35,500
|
285
|
270
|
255
|
240
|
225
|
210
|
|
35,501
|
36,000
|
290
|
275
|
260
|
245
|
230
|
215
|
|
36,001
|
36,500
|
295
|
280
|
265
|
250
|
235
|
220
|
|
36,501
|
37,000
|
300
|
285
|
270
|
255
|
240
|
225
|
|
37,001
|
37,500
|
305
|
290
|
275
|
260
|
245
|
230
|
|
37,501
|
38,000
|
310
|
295
|
280
|
265
|
250
|
235
|
|
38,001
|
38,500
|
315
|
300
|
285
|
270
|
255
|
240
|
|
38,501
|
39,000
|
320
|
305
|
290
|
275
|
260
|
245
|
|
39,001
|
39,500
|
325
|
310
|
295
|
280
|
265
|
250
|
|
39,501
|
40,000
|
330
|
315
|
300
|
285
|
270
|
255
|
|
40,001
|
40,500
|
335
|
320
|
305
|
290
|
275
|
260
|
|
40,501
|
41,000
|
340
|
325
|
310
|
295
|
280
|
265
|
|
41,001
|
41,500
|
345
|
330
|
315
|
300
|
285
|
270
|
|
41,501
|
42,000
|
350
|
335
|
320
|
305
|
290
|
275
|
|
42,001
|
42,500
|
355
|
340
|
325
|
310
|
295
|
280
|
|
42,501
|
43,000
|
360
|
345
|
330
|
315
|
300
|
285
|
|
43,001
|
43,500
|
365
|
350
|
335
|
320
|
305
|
290
|
|
43,501
|
44,000
|
370
|
355
|
340
|
325
|
310
|
295
|
|
44,001
|
44,500
|
375
|
360
|
345
|
330
|
315
|
300
|
|
44,501
|
45,000
|
380
|
365
|
350
|
335
|
320
|
305
|
|
45,001
|
45,500
|
385
|
370
|
355
|
340
|
325
|
310
|
|
45,501
|
46,000
|
390
|
375
|
360
|
345
|
330
|
315
|
|
46,001
|
46,500
|
395
|
380
|
365
|
350
|
335
|
320
|
|
Annual Income
|
|
Family Size
|
|
|
|
Range
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
|
|
|
|
|
|
|
46,501
|
47,000
|
400
|
385
|
370
|
355
|
340
|
325
|
|
47,001
|
47,500
|
405
|
390
|
375
|
360
|
345
|
330
|
|
47,501
|
48,000
|
410
|
395
|
380
|
365
|
350
|
335
|
|
48,001
|
48,500
|
415
|
400
|
385
|
370
|
355
|
340
|
|
48,501
|
49,000
|
420
|
405
|
390
|
375
|
360
|
345
|
|
49,001
|
49,500
|
425
|
410
|
395
|
380
|
365
|
350
|
|
49,501
|
50,000
|
430
|
415
|
400
|
385
|
370
|
355
|
|
50,001 & over (continues at $5.00 increments)
|
|
|
|
|
|
|
|
|
|
|
More than 7 in family (continues at $5.00 increments)
|
|
|
|
|
|
|
|
|
|
|
Annual income shall be adjusted gross income as defined in
Section 2-203 of the Income Tax Act, (Ill. Rev. Stat. 1983, ch. 120, par.
2-203)
|
|
|
|
|
|
|
|
|
|
(Source: Added at 8 Ill. Reg.
22555, effective November 7, 1984)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
