PART 562 CUSTOMER FINANCIAL PARTICIPATION : Sections Listing

TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: VOCATIONAL REHABILITATION
PART 562 CUSTOMER FINANCIAL PARTICIPATION

AUTHORITY: Implementing and authorized by Section 3(a), (b), and (k) of the Disabled Persons Rehabilitation Act [20 ILCS 2405/3(a), (b), and (k)].

SOURCE: Adopted at 9 Ill. Reg. 8763, effective June 10, 1985; amended at 11 Ill. Reg. 4021, effective February 18, 1987; amended at 11 Ill. Reg. 15223, effective August 31, 1987; amended at 11 Ill. Reg. 19127, effective November 9, 1987; amended at 12 Ill. Reg. 20827, effective November 30, 1988; amended at 13 Ill. Reg. 2866, effective February 17, 1989; amended at 14 Ill. Reg. 1466, effective January 8, 1990; amended at 14 Ill. Reg. 18555, effective November 5, 1990; amended at 15 Ill. Reg. 10179, effective June 24, 1991; amended at 15 Ill. Reg. 18750, effective December 17, 1991; amended at 17 Ill. Reg. 3895, effective March 15, 1993; emergency amendment at 17 Ill. Reg. 11676, effective July 1, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 20356, effective November 15, 1993; amended at 19 Ill. Reg. 8803, effective June 20, 1995; amended at 21 Ill. Reg. 4833, effective April 1, 1997; recodified from the Department of Rehabilitation Services to the Department of Human Services at 21 Ill. Reg. 9325; amended at 23 Ill. Reg. 1386, effective January 14, 1999; amended at 23 Ill. Reg. 13082, effective October 6, 1999; amended at 27 Ill. Reg. 12588, effective July 21, 2003; amended at 31 Ill. Reg. 3178, effective February 9, 2007; amended at 32 Ill. Reg. 10075, effective June 26, 2008; amended at 35 Ill. Reg. 18795, effective October 27, 2011.

 

Section 562.10  General Applicability

 

Rules contained within this Part are applicable to all Department of Human Services-Division of Rehabilitation Services (DHS-DRS) Vocational Rehabilitation (VR) customers.

 

(Source:  Amended at 31 Ill. Reg. 3178, effective February 9, 2007)

 

Section 562.20  Definitions (Repealed)

 

 

(Source:  Repealed at 32 Ill. Reg. 10075, effective June 26, 2008)

 

Section 562.30  Financial Analysis Completion

 

a)         The following factors will be considered in completing the Financial Analysis:

 

1)         No Financial Analysis shall be completed for a customer who has been determined eligible for Social Security benefits under Title II or Title XVI of the Social Security Act.

 

2)         Unless the services provided to the customer are exempt from financial participation as listed in subsection (b), all customers seeking services through DHS-DRS and, when appropriate, the customer's family must complete the Financial Analysis and participate in the cost of services as indicated by the Financial Analysis.  The level of the customer's participation in non-exempt services shall be determined by the Financial Analysis.

 

3)         In completing the customer's Financial Analysis, the customer's income shall be calculated based on proof of income provided and retained for each family member 19 years and older.  For customers receiving post-secondary training services, the family income must include those individuals listed on the FAFSA application.

 

b)         Customer financial participation shall be required for all services except the following:

 

1)         evaluation services;

 

2)         services or instruction provided directly by DHS-DRS staff or in a DHS-DRS managed facility;

 

3)         assessment, placement and supported employment through any approved community rehabilitation program (see 89 Ill. Adm. Code 530);

 

4)         the evaluation component of Helen Keller National Center, including room, board and transportation;

 

5)         services provided through the Bureau of Blind Service's transition program (Transvision) or the Secondary Transitional Experience Program (STEP) (89 Ill. Adm. Code 590: Subpart L);

 

6)         on-the-job training (OJT);

 

7)         job coaching services; and

 

8)         Auxiliary services (defined in 89 Ill. Adm. Code 521) .

 

(Source:  Amended at 35 Ill. Reg. 18795, effective October 27, 2011)

 

Section 562.40  Financial Participation

 

a)         The Financial Analysis must be completed prior to the initiation of the IPE (89 Ill. Adm. Code 572) unless the IPE developed for the customer includes only those services exempt from financial participation as listed in Section 562.30(b) of this Part.

 

b)         The Financial Analysis must be re-administered at least annually and at any time there is reason to believe there is a change in the customer's financial situation that will affect customer financial participation.

 

c)         The Financial Analysis is completed by adding all customer and family income, subtracting the Standard Budget Allowance (89 Ill. Adm. Code 521) for a family the size of the customer's family, and subtracting Unusual Allowable Expenses.  The final product of these calculations shall be divided by two to determine the amount of required customer financial participation, if any. The customer's financial contribution must be paid prior to or simultaneously with any financial contribution by DHS-DRS unless exceptions are granted by the appropriate Bureau Chief.

 

d)         The customer or customer's family will also be asked, as part of the completion of the Financial Analysis, for voluntary financial participation they are willing to make towards the cost of the customer's rehabilitation.

 

e)         Failure on the part of the customer or the customer's family to cooperate in the completion of the Financial Analysis or participate in the cost of services, if participation is indicated, shall be reason for DHS-DRS to deny all services except those listed in Section 562.30(b) of this Part.

 

f)         Falsification by the customer or the customer's family of information used to complete the Financial Analysis shall be grounds for immediate termination of services through DHS-DRS and may result in DHS-DRS taking legal action to recoup monies previously expended by DHS-DRS in providing services to the customer.

 

(Source:  Amended at 35 Ill. Reg. 18795, effective October 27, 2011)

 

Section 562.50  Client Emancipation (Repealed)

 

(Source:  Repealed at 12 Ill. Reg. 20827, effective November 30, 1988)

 

Section 562.60  Consideration of Settlements from Litigation or Other Sources

 

a)         DHS-DRS may, at its discretion, seek reimbursement for previously provided services from a customer when a judgement is issued or a settlement is agreed upon that is a direct result of the litigation or other action related to the customer's disability and for which the services provided by DHS-DRS were judged or agreed compensable.

 

b)         The rehabilitation counselor or instructor must inform the DHS Office of the General Counsel of any known workers' compensation proceedings or other litigation in which services provided by DHS-DRS are a measure of damages.

 

(Source:  Amended at 35 Ill. Reg. 18795, effective October 27, 2011)

 

Section 562.70  Refusal to Financially Participate (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 4833, effective April 1, 1997)

 

Section 562.80  Timing of Financial Analysis (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 4833, effective April 1, 1997)

 

Section 562.90   Impact of Review of Financial Analysis

 

All changes indicated as a result of the completed Financial Analysis shall be effective from the date of the new Financial Analysis regardless of whether an increase or decrease in customer financial participation is indicated.

 

(Source:  Amended at 27 Ill. Reg. 12588, effective July 21, 2003)

 

Section 562.100  Exclusion for Public Aid Recipients (Repealed)

 

(Source:  Repealed at 11 Ill. Reg. 4021, effective February 18, 1987)

 

Section 562.APPENDIX A  Standard Budget Allowances (Repealed)

 

(Source:  Repealed at 31 Ill. Reg. 3178, effective February 9, 2007)

 

Section 562.TABLE A  Determination Table for Client Participation (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 4833, effective April 1, 1997)