AUTHORITY: Implementing the Community-Integrated Living Arrangements Licensure and Certification Act [210 ILCS 135] and the Health Care Worker Background Check Act [225 ILCS 46], and authorized by Section 5-104 of the Mental Health and Developmental Disabilities Code [405 ILCS 5/5-104] and Section 5 of the Mental Health and Developmental Disabilities Administrative Act [20 ILCS 1705/5].
SOURCE: Adopted at 14 Ill. Reg. 10865, effective July 1, 1990; emergency amendment at 14 Ill. Reg. 20550, effective December 5, 1990, for a maximum of 150 days; emergency expired May 18, 1991; amended at 15 Ill. Reg. 8560, effective May 24, 1991; emergency amendment at 16 Ill. Reg. 2676, effective February 1, 1992, for a maximum of 150 days; emergency expired on June 30, 1992; amended at 17 Ill. Reg. 21434, effective November 29, 1993; amended at 21 Ill. Reg. 2205, effective February 1, 1997; amended at 21 Ill. Reg. 6085, effective May 5, 1997; amended at 21 Ill. Reg. 8332, effective June 25, 1997; recodified from the Department of Mental Health and Developmental Disabilities to the Department of Human Services at 21 Ill. Reg. 9321; amended at 22 Ill. Reg. 8382, effective April 28, 1998; amended at 23 Ill. Reg. 9791, effective August 13, 1999; amended at 24 Ill. Reg. 16313, effective October 12, 2000; amended at 27 Ill. Reg. 5376, effective March 17, 2003; amended at 47 Ill. Reg. 8485, effective May 31, 2023.
SUBPART A: GENERAL PROVISIONS
Section 115.100 Purpose
a) The intent of this Part is to provide uniform direction for the licensure and operation of Community-Integrated Living Arrangement (CILA) agencies that provide residential services to individuals with developmental disabilities [Community-Integrated Living Arrangements (CILA) Licensure and Certification Act [210 ILCS 135].
b) The objective of a community-integrated living arrangement is to support individuals to pursue meaningful and valued lives, as defined by the individual, in the community.
c) Agencies planning to develop and support community-integrated living arrangements shall do so pursuant to the Department licensure in accordance with this Part.
d) Agencies providing CILA services must comply with applicable federal and State regulations and laws.
e) Agencies planning to provide CILA services to individuals with developmental disabilities who are included in the Department's Medicaid Home and Community-Based Services (HCBS) Waiver for Adults with Developmental Disabilities:
1) Shall comply with Section 115.230 and 115.310 as well as 59 Ill. Adm. Code 120 and 42 CFR 441.301(c)(1) through (c)(4)(i) through (v), which specify Person-Centered Planning and Settings requirements for individuals enrolled in HCBS Waiver services.
3) Shall meet the additional conditions set forth in 42 CFR 441.301(c)(4)(vi)(A) through (E) and Section 115.200 if the CILA is provider-owned or controlled.
4) Shall have any modification of the additional conditions set forth under 42 CFR 441.301(c)(4)(vi)(A) through (D) supported by a specific assessed need, justified in the Personal Plan, and be documented in the Personal Plan as specified in 42 CFR 441.301(c)(4)(vi)(F)(1) through (8).
g) Rates for all host family settings, as described in Subpart E, shall be determined by the Department through the CILA rate methodology. The Department may develop a version of the methodology specifically modified for host family settings.
(Source: Amended at 47 Ill. Reg. 8485, effective May 31, 2023)
Section 115.110 Incorporation by reference
Any rules of an agency of the United States or of a nationally-recognized organization or association that are incorporated by reference in this Part are incorporated as of the date specified, and do not include any later amendments or editions.