Section 240.1530  General In-home Service Staffing Requirements

a)         Each in-home service provider shall have specified staff adequate in number to comply with Section 240.1520(f) to carry out the following functions:

1)         A designated individual who has responsibility for administration of the CCP in-home service program.

2)         Qualified in-home service staff to meet the needs of all cases referred for the provision of in-home services.  In determining what services are sufficient, the Department shall look to whether in-home services are adequate.  Inadequate in-home services are characterized by delays or interruptions in the provision of in-home services or by failure to provide in-home services as required by the person-centered plan of care.

b)         The in-home service provider shall assign responsibilities to staff, including the following:

1)         Planning and administration of the in-home service program; assuring adequate staff to provide required services at all times; serving as liaison between the staff and the community; implementing policies according to regulations promulgated by the Department that govern the program; recommending policy and program changes to the Department; and recruiting, training and supervising staff.

2)         Supervising of homecare aides shall be accomplished by qualified staff who have responsibility to ensure that the aides are scheduled and that assignments are kept.

c)         Each in-home service provider shall ensure that supervisors maintain a maximum 15-minute response time when homecare aides they supervise are serving in a participant's home and request information, assistance or direction as it relates to the participant's status, health or welfare. A supervisor must be available to respond to a homecare aide by available technology, such as by the participant's phone, or the aide's/provider's electronic equipment, email, cell phone, 24/7 live answering system, 2 way radio, or any other similar or suitable technology, according to the provider's written procedures.

d)         In-home service providers shall not subcontract for management, supervisory or in-home staff.

e)         In-home service providers shall make 1 hour service segments available when needed to meet participant needs.

f)         Electronic Visit Verification

1)         The Department requires in-home service providers to maintain electronic visit verification (EVV), based on global positioning systems or other cost-effective technology, for monitoring and verifying the work schedules of, and the work performed by, all homecare aides.

2)         EVV systems must meet the requirements set forth in Section 240.1531.

g)        In-home service providers shall make evening and weekend service available to CCP participants as required by the person-centered plan of care.

1)         Evening service shall be available until at least 8 p.m. Monday through Friday.

2)         Weekend service shall be available from at least 8 a.m. until 8 p.m. on Saturday and Sunday.

3)         Provider offices are not required to be open for business during evening and weekend hours; however, a supervisor must be on-call and available whenever service is being provided.

h)        In-home service providers shall provide escort/transportation when required by the person-centered plan of care.

i)         Subject to the following restrictions, in-home service providers may hire family caregivers of participants, or homecare aides who are recommended by participants, once they have met all applicable CCP requirements and any other agency employment requirements:

1)         A family caregiver shall not be required to care for other participants served by the in-home service provider agency.

2)         A family caregiver cannot be the spouse of, or otherwise legally responsible for, a participant.

j)          In-home service providers shall report and regularly update, as required by law, any registry of individuals certified as homecare aides (e.g., the DPH Health Care Worker Registry).

(Source:  Amended at 42 Ill. Reg. 20653, effective January 1, 2019)