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Section 562.20  Definitions (Repealed)

 

 

(Source:  Repealed at 32 Ill.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, based on their own disability, under Title II or Title XVI of the Social Security Act consistent with 34 CFR 361.54(b)(3)(ii).

 

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 must complete the Financial Analysis pursuant to 89 Ill. Adm. Code 562.40 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 pursuant to 89 Ill. Adm. Code 562.40.

 

b)         Customer financial participation shall be required for all services except the following services as identified, in part, by 34 CFR 361.54(b)(3):

 

1)         Counseling and guidance, information, and referral (34 CFR 361.48(b)(3) and (b)(4));

 

2)         Evaluation and assessment services and associated costs, including, but not limited to, room, board, and transportation (34 CFR 361.48(b)(1) and 361.42(e));

 

3)         Services or instruction provided directly by DHS-DRS staff or in a DHS-DRS-managed facility (see 89 Ill. Adm. Code 750.40: Responsibility of State Schools);

 

4)         Assessment, placement, customized employment, and supported employment through any approved community rehabilitation program (see 89 Ill. Adm. Code 530, 34 CFR 361.5(c)(54));

 

5)         Pre-employment transition services for students and youth with disabilities, as defined in 89 Ill. Adm. Code 521, which facilitate transition from school to postsecondary life, such as achievement of an employment outcome in competitive, integrated employment;

 

6)         Technical assistance and other consultation services to conduct market analysis, develop business plans, and otherwise provide resources to eligible individuals who are pursuing self-employment or establishing a small business operation as an employment outcome;

 

7)         Job-related services, including job search and placement assistance, job retention services, on-the-job training (OJT), follow-up services, and follow along services, including job coaching and post-employment services (34 CFR 361.48(b)(12));

 

8)         Auxiliary services (defined in 89 Ill. Adm. Code 521), including interpreting services, reader services, rehabilitation teaching services, and orientation and mobility services;

 

9)         Rehabilitation technology, as defined in 89 Ill. Adm. Code 521, including vehicular modification, telecommunications, sensory, and other technological aids and devices;

 

10)       Personal assistance services pursuant to 34 CFR 361.48(b)(14): Scope of Vocational Rehabilitation Services for Individuals with Disabilities;

 

11)       All costs directly related to the customer's attendance and participation in training and related services as described in 89 Ill. Adm. Code 590, Subpart C; and

 

12)       All costs directly related to the customer's attendance and participation in programs specifically offered for disability-related skills training, such as orientation and mobility; rehabilitation teaching; training in the use of low vision aids; braille; speech reading; sign language; and cognitive training/retraining.

 

c)         In exceptional circumstances, the Director of DHS-DRS may expand the list of exempt services to address individual needs and employment goals (34 CFR 361.50(c)(2)(ii)), so long as the exemption is applied to all individuals in similar circumstances, regardless of geography. Such exemptions could include, but are not limited to:

 

1)         Adjusting qualifying exempt services based on budgetary constraints or influx;

 

2)         Responding to states of emergency or other environmental impacts, and

 

3)         Adjusting to labor market and/or workforce needs.

 

(Source:  Amended at 48 Ill. Reg. 15485, effective October 21, 2024)

 

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)