TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER d: HOME SERVICES PROGRAM
PART 677
CUSTOMER RIGHTS AND RESPONSIBILITIES
SECTION 677.10 ASSURANCE OF CUSTOMER RIGHTS
Section 677.10 Assurance of Customer Rights
The Department shall assure that Customers receive an
explanation of their rights. A copy of the HSP Customer Bill of Rights shall
be provided to all Customers during the initial determination of eligibility,
at the annual redetermination of eligibility, change in services, case closure,
and upon request by the Customer.
(Source: Amended at 46 Ill. Reg. 20850,
effective December 19, 2022)
 | TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER d: HOME SERVICES PROGRAM
PART 677
CUSTOMER RIGHTS AND RESPONSIBILITIES
SECTION 677.20 NONDISCRIMINATION
Section 677.20
Nondiscrimination
DHS shall not discriminate
against any customer seeking or receiving services through HSP on the basis of
his/her race, religion, sex, marital status, national origin or ancestry, age,
handicap, disability, military status or any other status protected by law.
(Source: Amended at 23 Ill. Reg. 5072, effective April 12, 1999)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER d: HOME SERVICES PROGRAM
PART 677
CUSTOMER RIGHTS AND RESPONSIBILITIES
SECTION 677.30 CONFIDENTIALITY OF INFORMATION
Section 677.30
Confidentiality of Information
All customer information
maintained by DHS-ORS for the purposes of administering the funds available
under the HSP is confidential and shall only be used for the purpose of the
administration of HSP, pursuant to the Health Insurance Portability and Accountability
Act (42 USC 1320(d) et seq.) and the regulations promulgated thereunder, and DHS'
rules found at 89 Ill. Adm. Code 505 − Confidentiality and 89 Ill. Adm.
Code 676.110.
(Source: Amended at 28 Ill.
Reg. 6449, effective April 8, 2004)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER d: HOME SERVICES PROGRAM
PART 677
CUSTOMER RIGHTS AND RESPONSIBILITIES
SECTION 677.40 FREEDOM OF CHOICE
Section 677.40 Freedom of
Choice
Under the HSP, a Customer has
the following rights; however, the choices made by the Customer may affect the
services available through HSP for which the Customer is eligible or which
might otherwise be available.
a) A Customer shall have the right to apply for and, if eligible,
receive services under the program of the Customer's choice. Therefore, a Customer
eligible for both institutional care and HSP services has the right to choose
one or the other but may not receive both at the same time. Institutional care
is not available through HSP and, if the Customer chooses HSP services, DHS-ORS
shall have the right to determine the waiver under which the Customer will be
served and the level of the provider of services.
b) At any time, a Customer has the right not to accept those HSP
services that the Customer has been determined eligible to receive. However, if
the Customer chooses to terminate services, the Customer may have to reapply
for services and undergo another determination of eligibility if the Customer
later desires services through HSP.
c) A Customer has the right to choose their living arrangement,
including the physical dwelling and persons residing in the dwelling. However,
such choices may impact the amount or scope of the services received by the Customer.
HSP will not impose a living arrangement on any Customer.
d) A Customer applying for, or receiving, services through HSP
shall have the right to choose medical and non-medical service providers.
However, payment may only be made to those service providers which meet the
standards established by DHS as found at 89 Ill. Adm. Code 686 and who will
accept DHS' fees for a specific service approved by DHS, if DHS is to issue
payment for the service.
e) A
Customer has the right to participate in the service planning process during
initial determination of eligibility, subsequent redetermination of
eligibility, and when updates to the service plan are requested by the
Customer.
f) A
Customer has the right to select their setting from among setting options,
including non-disability specific settings and an option for a private unit in
a residential setting. The setting options are identified and documented in
the person-centered service plan and are based on the individual’s needs,
preferences, and, for residential settings, resources available for room and
board.
(Source: Amended at 46 Ill. Reg. 20850, effective December 19, 2022)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER d: HOME SERVICES PROGRAM
PART 677
CUSTOMER RIGHTS AND RESPONSIBILITIES
SECTION 677.50 REFERRAL
Section 677.50 Referral
a) A Customer has the right to receive information regarding all
DHS programs, including HSP.
b) A Customer has the right to be referred by HSP for other
appropriate services, within and outside DHS. The Customer's permission must
be received in writing prior to HSP making any such referral, pursuant to DHS
rules at 89 Ill. Adm. Code 505 − Confidentiality.
c) All communications given or sent to a Customer shall be in a
language, medium, and at a level which the Customer can understand.
(Source: Amended at 46 Ill. Reg. 20850, effective December 19, 2022)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER d: HOME SERVICES PROGRAM
PART 677
CUSTOMER RIGHTS AND RESPONSIBILITIES
SECTION 677.60 APPLICATION
Section 677.60 Application
An individual has the right to
apply for services through any DHS programs and to have the application
processed in an appropriate and expedient manner.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER d: HOME SERVICES PROGRAM
PART 677
CUSTOMER RIGHTS AND RESPONSIBILITIES
SECTION 677.70 NOTICE OF ACTION
Section 677.70 Notice of
Action
Every customer has the right to
a written notice of the disposition of any referral, application, or any
denial, termination, or change in services. Such a notice shall be mailed at
least 15 working days prior to the effective date of the action and shall
include:
a) a clear statement of the action taken;
b) a clear statement of the reason for the action;
c) a clear and complete statement of the customer's right of
appeal;
d) a statement indicating that, if an appeal is filed, services
will continue at the level at the time the appeal is filed during the period of
the appeal under the conditions and limitations stated at 89 Ill. Adm. Code
510.60.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER d: HOME SERVICES PROGRAM
PART 677
CUSTOMER RIGHTS AND RESPONSIBILITIES
SECTION 677.80 APPEAL OF AN ACTION TAKEN BY HSP
Section 677.80 Appeal of an
Action Taken by HSP
The customer has the right to
appeal an action or inaction on the part of HSP, with certain limitations, as
set forth at 89 Ill. Adm. Code 510 − Appeals and Hearings.
(Source: Amended at 23 Ill. Reg. 5072, effective April 12, 1999)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER d: HOME SERVICES PROGRAM
PART 677
CUSTOMER RIGHTS AND RESPONSIBILITIES
SECTION 677.90 REPAYMENT OF ASSISTANCE
Section 677.90 Repayment of
Assistance
a) If the customer's financial status changes, DHS shall not seek
repayment for the HSP services provided prior to the date DHS-ORS was
knowledgeable of the change. At any time, a customer may voluntarily repay all
or part of the costs associated with services provided to him/her.
b) DHS shall seek repayment for any and all services determined
to have been inappropriately provided to a customer due to false disclosure,
omission or misrepresentation of a customer's financial status. Reimbursement
shall be sought pursuant to DHS' rules found at 89 Ill. Adm. Code 527 −
Recovery of Misspent Funds.
(Source: Amended at 23 Ill. Reg. 5072, effective April 12, 1999)
ADMINISTRATIVE CODE TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER d: HOME SERVICES PROGRAM
PART 677 CUSTOMER RIGHTS AND RESPONSIBILITIES
SECTION 677.100 CUSTOMER BILL OF RIGHTS
Section 677.100 Customer Bill
of Rights
Customers of the Home Services
Program have the right to basic safety; information; choice, participation and
self-determination; dignity and individuality; redress grievances; and
fiduciary assistance in securing their rights.
a) Basic
safety includes:
1) the
right to protection from physical, sexual, mental and verbal abuse, neglect and
exploitation, including financial exploitation;
2) the
right to be served by providers who are properly trained and are providing
services within their scope of practice and the scope of their certification or
licensure by the State;
3) the
right to have all personal, financial and medical information kept
confidential;
4) the
right to have the provider of home care services respect the personal property
of the Customer to whom it provides services and, if the Customer reports a
theft or loss of personal property, the provider shall investigate and shall
report back to the Customer the results of the investigation; and
5) the
right to freedom from coercion and restraint.
b) Information
includes:
1) the
right to be informed of the following by a provider within two weeks after
starting to receive home care services:
A) the
Customer's rights under Section 17.1 of the Disabled Persons Rehabilitation
Act [20 ILCS 2405] (Act); and
B) the
entities the Customer may contact if their rights are violated,
including the name and contact information for DHS and the Department on Aging
and other State and local agencies responsible for enforcing the Home Care
Consumer Bill of Rights (Section 17.1 of the Act).
2) the
right to be informed about:
A) the cost of home
care services prior to receiving those services;
B) whether
the cost of services is covered under health insurance, long-term care
insurance, or other private or public programs; and
C) any charges the
Customer will be expected to pay;
3) the
right to access information about the availability of the home care services
provided in their community and has the right to choose among home care
services and providers of home care services available in that community.
c) Choice,
participation, and self-determination includes:
1) the
right to participate in the planning of their services;
2) the
right to make choices about aspects of their services;
3) the
right to choose providers and schedules to the extent practicable and
consistent with HSP rules and procedures, including, but not limited to,
overtime and the number of hours a provider may work in a given day or week;
4) the
right to receiving reasonable accommodation of their needs and
preferences;
5) the
right to include anyone they choose to participate with them in
the service planning process;
6) the
right to be provided with sufficient information to make informed decisions;
7) the
right to be fully informed in advance about any proposed changes in care and
services, and to be involved in the decision-making process regarding those
changes to the extent practicable; and
8) the
right to refuse services and to receive an explanation of the consequences of
doing so.
d) Dignity
and individuality includes:
1) the
right to receive home services in a way that promotes their
dignity and individuality; and
2) the
right to be treated with respect at all times.
e) Redress
grievances includes:
1) the
right to express grievances about the quality of their home services,
the number of hours of service, and any violations of their rights;
and
2) the
right to receive prompt responses to those concerns and to be informed about
who they may contact to have the grievances addressed in an appropriate and
timely manner and without retaliation.
f) Fiduciary
assistance in securing a Customer's rights may be provided by the Illinois
Department on Aging's Home and Community Ombudsman Program. [20 ILCS
2405/17.1]
(Source:
Amended at 46 Ill. Reg. 20850, effective December 19, 2022)
|
SUBPART B: CUSTOMER RESPONSIBILITIES
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER d: HOME SERVICES PROGRAM
PART 677
CUSTOMER RIGHTS AND RESPONSIBILITIES
SECTION 677.200 CUSTOMER RESPONSIBILITIES
Section 677.200 Customer
Responsibilities
It is the responsibility of each
Customer to:
a) provide information that is necessary for HSP to process the Customer's
referral for HSP services;
b) provide a current valid street address;
c) provide contact information, including, but not limited to, a current
telephone number and, if available, a current email address and inform the
local HSP office and service providers of any updated contact information;
d) sign all required forms for a determination of eligibility to
be made for HSP services;
e) assist HSP staff with gathering information that is necessary
to determine eligibility, including, but not limited to, medical and financial
records;
f) during the COVID-19 Gubernatorial Disaster Proclamations,
subject to federal approval, and in accordance with 89 Ill. Adm. Code
676.130(a), sign all required forms that are necessary to comply with HSP
requirements, applicable federal law or the provisions of the Medicaid Waiver,
or that are necessary to process payment through the Comptroller's Office;
g) comply with all HSP requirements related to enrollment,
employment and management of an Individual Provider. If a Customer utilizes an
Individual Provider for services, the Customer must comply with all HSP
requirements pertaining to Individual Provider compliance policies, all HSP
requirements pertaining to Electronic Visit Verification (EVV) (see 89 Ill.
Adm.Code 686, Subpart Q), and ensure all Individual Providers who are providing
services to the Customer comply with HSP requirements in 89 Ill. Adm. Code 686;
h) sign the Individual Provider Payment Policies form (IL
488-2252), which is available at HSP local offices. Signing the form
acknowledges the Customer's understanding of the nature of the employment relationship
with the Individual Provider. The Customer, as the employer, is responsible
for certain aspects of the employment relationship with the Individual
Provider, such as locating, hiring and disciplining, and may, as necessary,
terminate the Individual Provider;
i) report all changes in circumstances that may affect
eligibility or continued eligibility for HSP services, as soon as they are known.
These include changes in:
1) address;
2) living arrangement;
3) income or assets;
4) services provided to the individual at no cost to HSP;
5) service needs;
6) medical and/or psychological condition;
7) service providers;
8) absence of the individual from their home that affects service
provision; and
9) residency or citizenship status;
j) apply for any and all other financial and service benefits
that the Customer may be eligible to receive, including any benefits that may
affect HSP, level of services required by the individual and cost of services
to HSP;
k) cooperate with HSP projects conducted for the purpose of
obtaining or validating general program information or operations when those
projects are not related to Customer-specific eligibility;
l) cooperate with service providers, HSP staff, and
representatives in complying with HSP service plans, reassessments of
eligibility and other administrative rules related to HSP; and
m) cooperate with the Department of Human Services in applying for,
receiving, maintaining and recertifying eligibility for Medicaid.
(Source:
Amended at 46 Ill. Reg. 20850, effective December 19, 2022)
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