TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.10 APPLICABILITY
Section 2030.10
Applicability
a) Scope
The rules and regulations contained in this Part are
applicable to Illinois Department of Human Services expenditures or awards of
funds, grants or services, in order to find or assist programs relating to
alcoholism and other drug abuse and dependency, or to fulfill other duties as
authorized by the Department's enabling Act and by the funding source. The
financial assistance may be in the form of grants-in-aid, purchased-care or
fee-for-service arrangements or other agreements for disbursements of funds (Federal
or State), property or services, in order to effectuate the purposes of the
Act. Monies appropriated in the Department's budget for Medicaid reimbursement
shall be governed by the rules for Subacute Alcoholism and Substance Abuse
Treatment Services, 77 Ill. Adm. Code 2090, and by pertinent Federal and
Illinois Department of Public Aid statutes, rules and regulations. This Part
does not apply to operational money of the Department.
b) General
Should any applicable Federal or State law or regulation be
broader or less restrictive than rules in this Part, recipients are subject to
the narrower more restrictive applicable provisions.
c) Subawards
Each substantive provision in this Part shall apply to
subawards as it does to awards unless the provision says otherwise.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.20 DEFINITIONS
Section 2030.20 Definitions
The following definitions shall
apply to this Part:
"Act"
means the Illinois Alcoholism and Other Drug Dependency Act [20 ILCS 301].
"Award"
means financial assistance in the form of money, property or services in lieu
of money, by the Department to an eligible recipient, whether by grant or
contract, involving Federal, State or other funds for which the Department has
administrative responsibility and authority.
"Client"
means a person who receives services under a Department-funded program by a
provider.
"Demonstration"
means a project wherein money is awarded for a period of time to eligible
recipients in order to evaluate the feasibility and efficacy of alternative
methods of attaining the goals and purposes of the Act.
"Department"
means the Department of Human Services.
"Fee-for-service"
means payments are made on the basis of a rate, unit cost or allowable cost
incurred and is based on a statement or bill as required by the Department.
Payments made as a fee-for-service are not subject to the Illinois Grant Funds
Recovery Act [30 ILCS 705].
"Grant-in-aid"
means a program receives all or part of the funding in advance of the actual
delivery of services. This includes prorated prospective payments and payments
made by the Department on an estimated basis or any other basis when the
Department does not know the actual amount earned by the Provider. This does
not include advance payments made under the authority of Section 9.05 of the
State Finance Act [30 ILCS 105/9.05]. All funds paid as a grant are subject to
the Illinois Grant Funds Recovery Act [30 ILCS 705].
"Provider"
means any public or private nonprofit agency, organization, or institution, or
unit of state or local government, or a for-profit agency where an award to
such would be appropriate and consistent with the purposes of the Act (as set
forth in Sections 1-102 and 4-101 of the Act) and the funding source, or other
legal entity to which an award is made by the Department, and which is
accountable to the Department for the use of the funds provided. The term
"provider" does not include individuals who ultimately receive
benefits under or are volunteers participating in any funded program.
Generally the term refers to programs which receive awards, and which actually
provide intervention, prevention, and/or treatment services.
"Purchased
care" means a specific type of fee-for-service as set forth in the Individual
Service Payment System Manual compiled by the Department's Office of
Purchased-Care.
"Recipient"
is a general term for any person or organization which receives an award or
subaward under this Part. It includes but is not limited to the terms provider
and subprovider.
"Secretary"
means the Secretary of the Department of Human Services or his or her designee.
"Subaward"
means financial assistance in the form of money, property or services, in lieu
of money, made under an agreement by a provider to an eligible subprovider or a
recipient to an eligible subrecipient. The term includes financial assistance
when provided by award, subgrant, contract or subcontract, but does not include
procurements or commodities and supplies or incidental support services such as
janitorial, catering, laundry, or building maintenance services.
"Subprovider"
means any public or private nonprofit award recipient, organization,
institution or unit of state or local government, or a for-profit agency where
an award to such would be appropriate and consistent with the purposes of the
Act and the funding source, or other legal entity to which a subaward is made
and which is accountable to the provider and the Department for the use of the
funds. The subprovider is the entire legal entity even if only a particular
component of the entity is designated in the subaward document. This definition
does not include persons or entities which provide incidental support services
or supplies, materials or equipment to funded programs. Generally the term
refers to programs which are recipients of awards and which actually provide
intervention, prevention, and/or treatment services.
"Terms of
an award or subaward" means all requirements of the award or subaward
whether in statute, regulations, or the award document.
(Source: Amended at 24 Ill. Reg. 18099, effective November 30, 2000)
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.30 EXCEPTIONS
Section 2030.30 Exceptions
a) Except as provided in Section 2030.40, an exception shall be
required for:
1) Use of any policy, procedure, form, standard, or award or
subaward term which is inconsistent with an applicable provision of this Part,
or
2) Failure to use any applicable policy, procedure, form,
standard, or award or subaward term which is required by this Part.
b) In order to maintain uniformity to the greatest extent
feasible, the Department will endeavor to keep exceptions to a minimum. An
exception, whether proposed by an applicant, a fund recipient, or an official
of the Department, will be authorized when it is necessary to meet programmatic
objectives, or to conserve award funds, and provided it is deemed by the
Department to further the purposes of the award. Reasons for exceptions will be
things such as, but not limited to: shortage of service in the recipient's
service area; disaster or emergency conditions suffered by a recipient; and new
and/or non-customary and/or non-routine services (for example demonstration
projects).
c) Requests made by an applicant or fund recipient shall be made
in writing and indicate the basis, rationale or need for the exception. The
Department shall revoke any exception granted where the circumstances which
gave rise to the exception no longer exist, or where any conditions imposed by
the granting of such requests are not followed. The recipient shall notify the
Department in writing within ten (10) working days when the circumstances which
gave rise to the exception no longer exist.
d) When an executed award document contains specific conditions
contrary to specific provisions of this Part, an exception shall be deemed to
have been granted. Awards given other than as grant-in-aid (e.g.,
purchased-care) shall have specific requirements appropriate to the use of the
award funds set forth in the award document.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.40 SPECIAL AWARD CONDITIONS
Section 2030.40 Special
Award Conditions
a) Conditions more restrictive than those prescribed in this Part
shall be imposed as necessary to accomplish the purposes of the Act, as for
example (but not limited to), if the recipient:
1) Has not adhered to generally accepted accounting principles,
2) Cannot document fiscal solvency,
3) Has not expended funds in accordance with the terms of the
award,
4) Has not adhered to programmatic, clinical, licensure,
reporting or administrative requirements of an existing or past Department
award (regardless of whether the requirement is technical or substantive),
5) Has not met the levels of service and/or frequency of client
contact as set forth in the award document,
6) Is a new or unproven provider of services or a new recipient,
or
7) If the Department has need to impose such condition in order
to fulfill its duties or agreements with other agencies, or reasonably deems
such to be in the best interests of the people of the State.
b) Awards shall be reviewed by a Department regional manager or a
project officer and a Deputy Director prior to issuance in order to determine
whether special conditions are appropriate based on the above criteria.
c) Special conditions imposed at the time of the award will be
included in the award document. The Department will notify the recipient in
writing of the special condition(s) and its basis when any condition is imposed
during the period of performance.
d) Recipients shall apply the provisions of this Section to their
subrecipients. Whenever they do so, a copy of the notice to the subrecipients
shall be furnished to the Department.
SUBPART B: APPLICATION AND FUNDING
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CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.100 RECIPIENT ELIGIBILITY
Section 2030.100 Recipient
Eligibility
a) Grant-in-aid awards are made to public or private nonprofit
organizations, institutions, units of state or local government, and other
legal entities. Nonprofit organizations are defined as organizations that are
corporations or associations no part of whose net earnings may lawfully inure
to the benefit of any private share holder or individual.
b) Proof of nonprofit status must be submitted with the
application for funding or, if previously filed with the Department, the
applicant must state where and when the proof was submitted. Any of the
following is acceptable evidence of nonprofit status:
1) A reference to the applicant organization's listing in the
Internal Revenue Service's most recent list of tax-exempt organizations
described in the Internal Revenue Code, Title 26 U.S.C.A. 501(c)(3),
hereinafter referred to as IRS 501(c)(3).
2) A copy of a currently valid Internal Revenue Service tax
exemption letter.
3) A statement from the Illinois Department of Revenue or the
Illinois Attorney General certifying that the applicant organization has a
current nonprofit status.
4) A certified copy of the organization's certification of
incorporation filed with the Illinois Secretary of State that clearly
establishes nonprofit status, and a copy of the annual report required by the
Secretary of State for the current year.
5) Any of the above for a parent organization and a statement
signed by the parent organization that the applicant organization is a local
nonprofit affiliate.
c) Awards other than grant-in-aid shall be made to recipients as
appropriate to the purpose of the award.
d) For-profit recipients must provide a certified copy of the
organization's certificate of incorporation or other appropriate and necessary
authorization to do business in the State filed with the Illinois Secretary of
State and a copy of the annual report required by the Secretary of State for
the current year.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.105 SERVICES ELIGIBLE FOR GRANT-IN-AID FUNDING
Section 2030.105 Services
Eligible for Grant-in-Aid Funding
Grant-in-aid awards shall be
made to support alcohol and other drug abuse prevention, intervention,
treatment and appropriate related services, such as sanctuaries, as well as
demonstration projects or research, as deemed appropriate under the powers and
duties of the Department (as set forth in Section 4-101 of the Act). The
following service functions are eligible for such grants:
a) Adult residential rehabilitation, as defined and licensed
under the Licensure of Alcoholism and Substance Abuse Treatment, Intervention
and Research Programs (Licensure Rules), 77 Ill. Adm. Code 2058;
b) Adolescent residential rehabilitation, as defined in the
Licensure Rules;
c) Halfway house, as defined in the Licensure Rules;
d) Adult social setting detoxification, as defined in the
Licensure Rules;
e) Adult medical detoxification, as defined in the Licensure
Rules;
f) Adolescent medical detoxification, as defined in the Licensure
Rules;
g) Adult outpatient, as defined in the Licensure Rules;
h) Adolescent outpatient, as defined in the Licensure Rules;
i) Adult intensive outpatient, as defined in the Licensure
Rules;
j) Adolescent intensive outpatient, as defined in the Licensure
Rules;
k) Adult medical detoxification outpatient, as defined in the
Licensure Rules;
l) Intervention services to provide screening, assessing,
referring and tracking of drug abuse clients, as defined in the Licensure
Rules;
m) Sanctuaries;
n) Recovery homes;
o) Early intervention activities;
p) Prevention activities as set forth in Section 2030.1320
herein; and
q) Other appropriate alcohol and drug abuse services.
The direct services and any
ancillary or support services of the program which are allowable expenses under
this Part may be supported by the grant as set forth herein.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.107 SERVICES ELIGIBLE FOR PURCHASED-CARE OR FEE-FOR-SERVICE FUNDING
Section 2030.107 Services
Eligible for Purchased-Care or Fee-for-Service Funding
The service functions eligible
for grant-in-aid support may also be eligible for purchased-care or
fee-for-service. The Department pursuant to this Section shall determine the
appropriate method of award based on its objectives and how to best serve the needs
of the State (as set forth in Department planning documents and Section 4-101
of the Act).
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.110 OTHER ACTIVITIES FOR WHICH AWARDS MAY BE MADE
Section 2030.110 Other
Activities for Which Awards May be Made
Awards shall also be made for
other services as deemed appropriate to the goals, powers and duties of the
Department, and as consistent with any limitations on the source of the money
and other pertinent laws. Such services may include but are not limited to:
a) Services set forth under Section 4-102 of the Act to be
reimbursed from the Drunk and Drugged Driving Prevention Fund,
b) Research and/or evaluation as deemed appropriate to the goals,
powers and duties of the Department,
c) Training events or programs.
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CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.115 AWARD PROCESS
Section 2030.115 Award
Process
a) General – As and when public (Federal, State or other) money
is made available to the Department for disbursement, the Department shall seek
to award the money consistent with the purposes of the Act, taking into account
applicable and appropriate State plans and long-term goals and the public
health, safety and welfare, data and statistics reported to and collected by
the Department, ongoing evaluation of current programs and services, evaluation
of projected or unmet needs statewide, geographical or cultural demands and
other appropriate factors. Awards shall be made based on:
1) An assessment of need for services in order to carry out the
purposes and duties of the Department;
2) An assessment of the efficacy, cost effectiveness, and
practicality of awarding the money in alternative ways;
3) An assessment of adequacy or inadequacy of existing services
(taking into account the evaluative provisions in (a)(4) below as to existing
services in relationship to statewide needs);
4) An assessment of the quality of services of potential
recipients (including such things as history or compliance with licensure rules
and regulations, history or compliance with previous or current contract terms,
previous performance in programmatic, fiscal and clinical areas, or other
indicators of the quality of service for new and/or unproven recipients);
5) Any limitations or criteria placed by the source of the money
to be awarded.
b) Request for Applications
1) If, pursuant to criteria in subsection (a), it is deemed to be
in the best interests of the State to solicit proposals regarding the award of
money, the Department shall issue a request for application describing the
services required, imposing any appropriate limitations and specifications
consistent with subsection (a) above, setting forth a specific response date,
and describing the form and substance of the application requested.
2) The Department may reject any and all applications or any part
thereof, may waive immaterial technicalities, may negotiate individually after
applications have been examined and evaluated and may accept applications
deemed most favorable to the interests and needs of the Department and the
people of the State.
c) Negotiation with Selected Recipients – If, after an assessment
of the factors in subsection (a), the Department determines that a negotiated
award to a selected recipient is the most advantageous and practical method of
achieving the purpose of the disbursement and meeting Department goals and
public needs, the Department may so award the money.
d) Recipients who will operate funded programs in geographic
areas having mental health boards established pursuant to the Community Mental
Health Act [405 ILCS 20] (sometimes referred to as "708 boards")
and/or public health boards established pursuant to Section 5 of the Counties
Code [55 ILCS 5/5] (sometimes referred to as "553 boards") shall
submit a copy of their application for Department funding to such local boards
for their review and comments at the time their application is submitted to the
Department. Community mental health boards shall submit to the Department
their written review and comments within sixty (60) days after receipt of the
application.
e) Would-be award recipients may request to be placed on a
mailing list maintained by the Department. Persons on the list shall receive
information regarding new and/or current money available for services provided
or contemplated by the would-be recipient. The Department will also provide
guidelines and advisory materials to potential recipients regarding preparation
of financial and program reports for all awards.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.120 DEPARTMENT BUDGET PLANNING REQUIREMENTS
Section 2030.120 Department
Budget Planning Requirements
a) In order to assist the Department in developing its future
budget needs, the Department shall require applicants and recipients to provide
the following if this information is not available in-house at the Department:
1) Current-year service levels and costs;
2) Projected changes in current-year service levels and costs,
along with justification for such changes;
3) Total projected service levels and costs for the budget year;
4) Additional budget supporting documentation when it is required
by the Department in order to carry out its duties.
b) All recipients are required to complete the data required by
this Section in a format prescribed by the Department in order to facilitate
development and presentation of the annual Department budget.
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CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.130 PROVIDER PLAN/RECIPIENT BUDGET
Section 2030.130 Provider
Plan/Recipient Budget
a) "Provider plan" refers to the currently approved
operating fund projected expense forms and related forms.
b) The provider plan shall be fully executed, as part of the
award agreement or contract, and shall, along with the award document, serve as
the formal statement of mutual expectations between the Department and the
recipient regarding realistically-achievable levels of service and cost. The
plan is a combination service plan (work plan) and budget. It identifies what
services will be provided to what target group and the geographical area to be
served. In addition, it identifies how the services will be financed, and
through what budget items and funding sources. It becomes formalized
documentation of the agreement between the Department and the provider through
mutual execution of the award document.
c) The budget is the provider's financial plan for carrying out
the funded program or services as reported on the provider plan. Some awards
and subawards encompass two or more programs or types of services and/or
locations. In these cases, the Department shall require that the approved
budget be subdivided to show the anticipated cost of each program, service and
location.
d) Providers shall complete the provider plan in a format
prescribed by the Department. The format prescribed for use as the provider
plan is designed to be consistent with the cost reporting categories contained
in the State of Illinois Interagency Statistical and Financial Report. These
provider plans manifest the commitment of the Department to utilize common cost
reporting categories in materials submitted by community-based service
providers.
e) Recipients of purchased-care shall be exempt from the
requirement of a provider plan for the purchased-care funded program. However,
where grant-in-aid is awarded for any of the recipient's programs, each such
program shall have a provider plan.
f) Recipients of other fees for service or other types of awards
shall be required to have a provider plan only if the Department deems it
necessary and so requires. Any recipient who is not required to have a
provider plan shall provide a budget of the funded program or project expenses
which shall be incorporated into the award document, or shall have a
Department-approved rate for the funded services. In addition to the budget or
rate, there shall be a description of the scope of work or projected service
units to be provided.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.140 AWARD DOCUMENT
Section 2030.140 Award
Document
The award document is the
obligating instrument which provides the basis for Department financial
participation in the funded project, service or program. The provider plan, or
in instances where a provider plan is not required, the budget or rate of reimbursement
along with the description of the scope of work or projected service units,
shall be a part of the award document. When fully executed, they shall
formalize the contractual relationship between the Department and each
recipient, indicating the amount of Department funds which will be paid to the
recipient, in consideration for the provision of services as described in the
provider plan, or the scope of work.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.150 SUBAWARDS
Section 2030.150 Subawards
a) Activities, responsibilities and obligations of a provider may
be subawarded to another organization only with the prior written approval of
the Department (see Subpart C). Such subawards shall be conditioned upon
subrecipient compliance with all terms and conditions of award document and
this Part. In determining whether to grant approval for a subaward, the
Department will consider:
1) The purpose of the subaward;
2) The ability of the recipient to meet the proposed obligations;
3) The cost-effectiveness of the subaward;
4) The method by which the primary contractor will monitor the
subcontractor's performance;
5) Whether licensure requirements have been met;
6) Benefit to the client; and
7) Whether the recipient has, by way of the subaward document,
placed the same requirements upon the subrecipient as those required of the
recipient in the award document and in this Part (flowthrough requirements).
b) The arrangement shall be formalized in a contract or other
written agreement between the parties involved, and include at a minimum:
1) The activities to be performed;
2) The time schedule;
3) The award policies and requirements that are applicable to the
subprovider (flowthrough requirements);
4) Other policies and procedures to be followed;
5) The dollar limitation of the agreement; and
6) The cost principles (Subpart D of this Part) to be used to
determine what costs are to be allowed.
c) The subaward or other written agreement must not affect the
provider's overall responsibility for the direction of the project and
accountability to the Department.
d) No approval of any subaward shall be deemed to provide for the
incurrence of any obligation by the Department in addition to the total agreed
upon price.
e) The incurrence of any obligation by the recipient with the
intent of claiming reimbursement, prior to obtaining any required approval,
shall be at the recipient's risk.
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CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.160 MODIFICATION OR AMENDMENT OF THE AWARD DOCUMENT
Section 2030.160
Modification or Amendment of the Award Document
a) Revisions or amendments to an award document shall begin on
the effective date of the amendment.
b) Except as provided in Section 2030.40, no alteration,
variation, modification, termination, addition to, or attempted waiver of any
of the provisions of an award document shall be valid or binding unless in
writing, signed by all the parties and attached to the original award
document. The parties agree to renegotiate, modify, or amend the award
document should Federal or State law or regulations require alteration of the
award document.
c) Obligations of the State of Illinois will cease immediately
without penalty of further payment being required if in any fiscal year the
Illinois General Assembly or Federal funding source fails to appropriate or
otherwise make available sufficient funds for any Department award.
SUBPART C: DEPARTMENT APPROVAL FOR PROGRAMMATIC AND BUDGET REVISIONS AND FOR COSTS REQUIRING PRIOR APPROVAL
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CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.210 PROCESS
Section 2030.210 Process
When requesting a prior approval
required by this Part, the recipient shall address a written request to the
Department regional manager for the region or the "project officer"
as designated in the award document and to the Secretary of the Department. Approval
of the request shall be in writing and signed by either the Secretary or
his/her designee.
Recipients shall be responsible
for reviewing requests from their subrecipients to determine what approvals are
required by this Part and for giving or denying the approval. A recipient
shall not approve any action which is inconsistent with the purpose or terms of
the Department award. If an action by a subrecipient will result in a change
in the overall award or budget and therefore require Department approval, the
recipient shall obtain that approval before giving its approval to the
subrecipients. Approvals shall not be valid unless they are in writing and
signed by an authorized official of the recipient. Within 30 days from the
date of receipt of a request for approval, the Department shall review the
request and notify the recipient of its decision.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.220 PROGRAMMATIC CHANGES
Section 2030.220
Programmatic Changes
Approval will be given for
programmatic changes which further the funded project or program without
impairing the provision of services or the funded project as set forth in the
award or subaward document.
a) Changes to project scope or objectives
The recipient shall obtain prior approval for any change to
the scope or objectives of the approved funded program or project.
b) Changes in key people
The fund recipient of an award for research (or any other
kind of award or subaward if the terms of the award make this rule applicable)
shall obtain prior approval:
1) To continue the project during any continuous period of more
than three months without the active on-site direction of an approved project
director, principal investigator, or any other persons named and expressly
identified as key project people in the notice of the award or subaward.
2) To replace the project director, principal investigator, or
any other persons named and expressly identified as key project people in the
notice of award or subaward or to permit any such people to devote less time to
the project than was designated in the award or subaward document.
c) Other programmatic changes
The following shall require prior approval except to the
extent explicitly included in the provider plan, or scope of work, or elsewhere
in the award document as approved by the Department at the time of award:
1) Providing financial assistance to a third party by subawarding
or any other means.
2) Transferring to a third party, by contracting or any other
means, the actual performance of the substantive programmatic work. The term
"substantive programmatic work" means activities which are central to
carrying out the purpose of the project, and not merely incidental. Transfer of
substantive programmatic work does not include purchase of supplies, materials,
or equipment; or acquisition of incidental support services, such as
janitorial, catering, laundry, and building maintenance services.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.230 BUDGET REVISION
Section 2030.230 Budget
Revision
a) Grant-in-aid funded providers having an approved budget shall
obtain prior approval for any budget revision which:
1) Alters an approved budget line item by $5,000 or 5% of the
approved budget line item amount, whichever is greater. Budget revisions shall
be considered on a cumulative basis and where two (2) or more budget revisions
are necessary, Department approval shall be required when these percentages or
amounts are exceeded;
2) Alters the Department's share of the total program, project or
service costs;
3) Results in the creation of a new budget category or a new line
item within a budget category;
4) Transfers funds between programs or services; or
5) Is required by a federal sponsoring agency.
b) Fee-for-service and purchased-care recipients shall obtain
prior approval for any budget which transfers Department funds between service
categories.
SUBPART D: COST PRINCIPLES/ALLOWABILITY
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CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.310 APPLICABILITY
Section 2030.310
Applicability
Principles for
allowability/non-allowability of costs set forth herein are the same for
grant-in-aid and other award expenses, and for the purpose of rate setting in
fee-for-service awards. In grant-in-aid and non-fee-for-service awards,
allowable costs set forth herein shall be approved in the provider budget or
allocation plan. In fee-for-service awards, rate calculations shall be based
on allowable costs as set forth herein.
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CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.320 ALLOWABLE COSTS (REPEALED)
Section 2030.320 Allowable
Costs (Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.330 APPROVAL OF COSTS
Section 2030.330 Approval of
Costs
a) All funded expenditures, to be allowable, must be approved by
the Department. The Department's approval of the provider plan shall
constitute approval of the expenditures identified therein, provided that such
expenditures are not otherwise excluded or limited by this Part or 89 Ill. Adm.
Code 509. If such expenditures are limited or excluded by this Part, approval
of the provider plan will constitute approval of such costs only if they are
clearly and specifically identified to the Department as being costs which are
limited or excluded unless approved by the Department. If such identification
is made and the provider plan approved, then the approval process set forth in
Section 2030.210 is not required.
b) Recipients not required to have a provider plan shall have a
budget of allowable expenses or a rate for services approved by the Department
prior to award expenditures, which budget or rate is incorporated into the
award document.
c) Expenditures which are not approved as set forth in subpart
(a) require specific prior approval from the Department in writing as set forth
in Subpart C. In the case of subawards, no approval shall be given which is
inconsistent with the purpose of the terms of the Department award. The
Department will approve such expenditures if the recipient furnishes reliable
written documentation that the benefit to be derived from the expenditure is
justified based upon need and cost, that the costs are consistent with the
terms of the award document, and that the recipient can perform all
requirements of the award document without additional Department funding.
(Source: Amended at 24 Ill. Reg. 18099, effective November 30, 2000)
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.340 ALLOCATION OF COSTS/DIRECT AND INDIRECT COSTS (REPEALED)
Section 2030.340 Allocation
of Costs/Direct and Indirect Costs (Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.350 COSTS ALLOWABLE WITH PRIOR APPROVAL OF THE DEPARTMENT (REPEALED)
Section 2030.350 Costs
Allowable with Prior Approval of the Department (Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.360 UNALLOWABLE OR LIMITED COSTS (REPEALED)
Section 2030.360 Unallowable
or Limited Costs (Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
SUBPART E: NON-DEPARTMENTAL FUNDING
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.410 NON-DEPARTMENT FUNDING
Section 2030.410
Non-Department Funding
For the purpose of this Subpart,
non-Departmental funding means monies received by the providers and used to
support the activities of any Department-funded project or Program. Sources
include local tax revenues, voluntary funds, grants from charitable foundations,
funds available from other state agencies or Federal sources, revenue sharing
funds, funds from community mental health boards and/or local public health
boards or departments.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.420 RECORD KEEPING (REPEALED)
Section 2030.420 Record
Keeping (Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.430 PROGRAM INCOME
Section 2030.430 Program
Income
a) Recipient organizations and providers shall be accountable to
the Department for program income related to projects and services financed in
whole or in part with Department funds. Program income represents gross income
earned by the provider or recipient from the Department supported activities.
Such income includes, but is not limited to, income produced by the services of
individuals or by employment of equipment, facilities or general services.
Special tests performed in a laboratory, drugs sold to fill prescriptions,
payment received from clients or third parties for services rendered by the
fund recipients, sale of commodities, usage or rental fees, interest earned on
advances of Department funds, and royalties and other income earned from a
copyrighted work developed under a Department award.
b) Program income earned during the award period shall be
retained by the recipient and shall be either:
1) Added to funds committed to the project by the Department and
the recipient and be used to further the project or eligible program objectives
as set forth in the award document;
2) Used to continue the project or eligible program objectives as
set forth in the award document after award funds end;
3) Used to meet any cost-sharing requirements imposed by the
Department;
4) Used to support other projects or eligible programs that
further the objectives of the Act as approved by the Department; or
5) Deducted from the total allowable project costs in determining
the net costs on which the Department's share of costs will be based.
c) Records of the receipt and disposition of Program Income shall
be maintained and made available to the Department by the provider in the same
manner as required for Department funds under Subparts G and H.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.440 MAINTENANCE OF EFFORT
Section 2030.440 Maintenance
of Effort
Department awards made available
under this Part shall be used to supplement and, to the extent practicable, to
increase the level of funds that would, in the absence of such award, be
available to the applicant for the purposes described in this Part and in the
award document and shall in no case supplant such funds.
Accordingly, the recipient shall
assure that it will maximize revenues from all other sources to maintain funded
programs and services in ways most cost effective to the Department, and shall
not apply Department funds to services which are funded or would be funded from
other sources.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.450 CLIENT FEES
Section 2030.450 Client Fees
All providers with Department
grant-in-aid funded treatment programs shall establish a client fee and third
party payment policy consisting of fee schedules, documentation and collection
procedures.
The policy shall assure the
maximization and diversification of revenue sources, shall encourage client
participation in the service by payment based on the ability to pay, but shall
also assure that no person is denied services by any program funded under the
Alcoholism and Other Drug Dependency Act because of inability to pay, and that
services shall be afforded to such person on the same terms and conditions as
services afforded to persons who are able to pay. Providers shall follow their
policy and the requirements herein.
The policy shall:
a) be initially approved by the Board of Directors of the
program, and reviewed and approved by the Board when any change is made. Proof
of Board approval, as well as the policy itself, shall be maintained and made
available to the Department upon request;
b) be in place prior to the time at which the provider charges
the client fee or invoices second or third party payors, or prior to January 1,
1992, whichever of the two comes first;
c) establish criteria for determination of financial capability
based on household income, adjusted for family size;
d) establish methods for documenting client income and
determining eligibility for third party payment;
e) provide for adjustment to or waiver of the fee based upon
financial capability of the client or third party payment accessibility;
f) provide a process for the client to appeal the fee
determination and to appeal denial of service based on refusal to pay;
g) require that prior to the imposition of an individual client
fee, the client is informed in writing of the program's policy, the
requirements of this Section and his right to appeal the fee determination, and
require that a statement signed by the client specifying the amount of the
charges agreed to be placed and maintained in the client's records;
h) establish methods of documenting and recording charges and
collecting accounts receivable fees from clients, responsible relatives and
third parties.
Fees and ancillary charges shall
be based on a sliding fee scale unless another method of fee determination,
consistent with requirements herein, is previously approved in writing by the
Department (see Subpart C of this Part).
Front-end or pre-admission fees
are not encouraged but may be used if the policy meets the requirements of this
Section. The recipient must be able to demonstrate that the fees do not create
a barrier to admission, based on ability to pay.
SUBPART F: MATCHING AND COST PARTICIPATION REQUIREMENTS
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.510 GENERAL
Section 2030.510 General
The Department may require that
expenditures from Department funds be matched proportionately by expenditures
from other funds or that the provider participate to some extent in the cost of
a project.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.520 DEFINITIONS
Section 2030.520 Definitions
The following definitions apply
to this Subpart:
"Cash
contributions" means the recipient's cash outlay, including monies
contributed to the provider by third-parties.
"Cost-sharing
or matching" means the value of third-part in-kind contributions and that
portion of project costs not borne by the Department.
"Project
costs" means allowable expenditures incurred by a recipient in
accomplishing the objectives of an award during the award period. For matching
share purposes, project costs are limited to allowable types of costs.
"Third
party in-kind contributions" means property or services which benefit a
Department funded project or program and which are contributed by
non-Department third parties without charge to the recipient.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.530 ELIGIBLE COSTS
Section 2030.530 Eligible
Costs
Cost used to satisfy the
recipient's matching or cost participation requirements may be financed from
the following:
a) charges incurred by the recipient as project costs. Such
charges need not require cash outlays during the award period. Examples are
depreciation and use charges from buildings and equipment;
b) Cash contributions provided or donated to the project by the
recipient or other non-Departmental source or third party and not used as
contribution to any other Department-funded program or project;
c) Program income when the recipient is authorized to expend such
income to further the purposes of the legislation under which the award was
made;
d) The value of third party in-kind contributions applicable to
the period to which the cost-sharing or matching requirement applies.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.540 CRITERIA FOR CONTRIBUTIONS (REPEALED)
Section 2030.540 Criteria
for Contributions (Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.550 VALUATION OF IN-KIND CONTRIBUTIONS
Section 2030.550 Valuation
of In-Kind Contributions
a) Specific procedures for the recipients in placing the value on
in-kind contributions from private organizations and individuals are set forth
below:
1) Valuation of volunteer services
Volunteer services may be furnished by professional and
technical personnel, consultants, and other skilled and unskilled labor. Each
hour of volunteer service may be claimed as matching share if the service
furthers the objectives of the award.
A) Rates for volunteers should be consistent with those regular
rates paid for similar work. In cases in which the kinds of skills required
for the Department-funded activities are not found in other activities of the
provider, rates used should be consistent with those paid for similar work in
the labor market in which the provider competes for the kind of services
involved.
B) When an employer other than the provider furnishes the services
of an employee, these services shall be valued at the employee's regular rate
of pay (exclusive of overhead cost) provided these services are within the
skill for which the employee is normally paid.
2) Valuation of materials
Contributed materials include office supplies, maintenance
supplies, or workshop and classroom supplies. Prices assessed to donated
materials included in the matching share must not exceed the cost of the
materials to the donor or current market prices (the prices charged in the area
for comparable materials at the time in question), whichever is less, at the
time they are charged to the project.
3) Valuation of donated equipment, buildings, and land, or use of
space
A) The method used for charging matching share for donated
equipment, buildings, and land will differ depending upon the purpose of the
award as follows:
i) If the purpose of the award is to enable the provider to
acquire or use equipment, buildings, or land or otherwise obtain a facility on
a full time basis, then the fair market value of the donated property may be
claimed as a matching share.
ii) If the purpose of the award is to support activities that
require the use of equipment, buildings, or land on a temporary or part-time
basis, depreciation or use charges for equipment and buildings may be made; and
fair rental charges for land will be approved by the Department when the charge
does not exceed 110% of the rental price of comparable property as determined
by current offers for property rental in the area.
iii) Land or use of space
The value of donated land or its usage charge should be
established by an independent appraiser (e.g., private realty firm) and
certified by the responsible official of the provider.
B) Valuation of other charges
Recipient may claim the fair market value of other charges
incurred specifically for, and in direct relation to, the Department-funded
program or services.
b) The following requirements pertain to the provider's
supporting records for in-kind contribution from private organizations and
individuals.
1) The number of hours of volunteer services must be supported by
the same methods used by the provider for its employees.
2) The basis for determining the charges for personal services,
material, equipment, buildings and land must be supported by written
documentation.
SUBPART G: FINANCIAL MANAGEMENT
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.610 ACCOUNTING AND FINANCIAL MANAGEMENT REQUIREMENTS (REPEALED)
Section 2030.610 Accounting
and Financial Management Requirements (Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.620 AUDIT REQUIREMENTS (REPEALED)
Section 2030.620 Audit
Requirements (Repealed)
(Source: Repealed at at 23 Ill. Reg. 488, effective December 28, 1998)
SUBPART H: FINANCIAL REPORTING
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.710 GENERAL (REPEALED)
Section 2030.710 General
(Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.720 QUARTERLY REVENUE/EXPENSE REPORTS--GRANT-IN-AID RECIPIENTS (REPEALED)
Section 2030.720 Quarterly
Revenue/Expense Reports--Grant-in-Aid Recipients (Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.730 LAPSED GRANT-IN-AID FUNDS (REPEALED)
Section 2030.730 Lapsed
Grant-in-Aid Funds (Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.740 END OF THE YEAR REPORT (REPEALED)
Section 2030.740 End of the
Year Report (Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.750 PURCHASED-CARE/FEE-FOR-SERVICE INVOICING AND AUDITING
Section 2030.750
Purchased-Care/Fee-for-Service Invoicing and Auditing
a) Fund recipients under fee-for-service/purchased-care contracts
for program services shall submit invoices on formats and per schedules and
deadlines as prescribed by the Department.
b) The Department will conduct random sample audits of client
records to determine if the services billed for were provided.
c) The Department will conduct random sample post billing audits
of client's eligibility and financial status and if such audit reveals that the
recipient has billed for an ineligible client or has failed to pursue all
sources of payment before billing the Department, the recipient shall return to
the Department all monies paid on behalf of such ineligible or financially able
client.
d) The Department will conduct random sample post billing audits
of client record completeness. Incomplete records may result in payment
disallowances and subsequent recovery by the Department.
e) Purchased-care/fee-for-service funds which the Department
determines are being improperly held or have been misspent are subject to
payback to the Department or offset to future payments, and are subject to
recovery under the Grant Funds Recovery Act.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.760 EXEMPT RECIPIENTS (REPEALED)
Section 2030.760 Exempt
Recipients (Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
SUBPART I: MONITORING AND REPORTING OF PROGRAM PERFORMANCE
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.810 SITE VISITS
Section 2030.810 Site Visits
a) The Department shall monitor performance under the award
document and shall conduct periodic visits to each provider. The frequency of
visits shall be determined by the nature, size, and complexity of the fund
supported activity, and other appropriate factors by which the Department
determines that on-site review is required to monitor provider performance.
The site visit is for the purpose of evaluating performance under the award
document. It shall focus on:
1) actual accomplishment of and/or progress towards goals and
objectives established by the award document for the term of review;
2) reasons why established goals and objectives were not met;
3) quality and effectiveness of services provided during the term
of review, including effectiveness of community networks;
4) ensurance that time schedules and projected work units by time
periods are being met; and
5) compliance with award document conditions.
b) Providers shall make available to representatives of the
Department all financial records, client attendance and/or service records, and
case records and other documentation related to the award activities.
(Source: Amended at 24 Ill. Reg. 18099, effective November 30, 2000)
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.820 REPORTS
Section 2030.820 Reports
Providers shall report, on a
monthly basis, service data required by and using the Department's Automated
Reporting and Tracking System (DARTS), as well as other reporting as required
for the National Drug and Alcoholism Treatment Utilization Survey (NDATUS).
Such reported service data shall be for the purpose of assessing individual
recipient performance, and for planning for future service development.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.830 UNDERUTILIZATION
Section 2030.830
Underutilization
The Department may reduce on a
proportionate basis the maximum compensation payable under a grant-in-aid award
document or renegotiate compensation when there is a decrease for three
consecutive months of fifteen percent (15%) or more in the average number of
actual service units, from the amount specified in the award document. In
determining whether to reduce compensation payable under the award document,
the Department will consider the reason for the underutilization and the effect
of the underutilization on the identified service need in the area based on
Departmental substance abuse data.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.840 CRIMINAL JUSTICE SYSTEM REFERRALS
Section 2030.840 Criminal
Justice System Referrals
For clients referred by the
Court, the provider shall comply with the following procedures and
responsibilities:
a) The provider shall accept referrals from the Department's
designated program for criminal justice intervention (as described in Section
1-103 of the Act) on a priority basis when clients are remanded to the provider
by order of the court after an application by the client to be treated under
the provisions of the Act, and when consistent with the provider's appropriate
admissions criteria.
b) The provider shall, upon acceptance in treatment of a court
client referral, submit thereafter regular progress reports to the designated
program, and/or the Court as required by these parties. Such reports shall
indicate, at a minimum, progress in treatment, general behavior, physical
condition and future goals.
c) The provider shall advise the designated program, and the
Court, when requested and authorized, of any transfer, unauthorized absence,
death or other sustained interruptions in treatment regarding its court
referred clients. The provider shall, upon termination of the client from its
treatment program, advise the designated program, and the Court, when requested
and authorized, of information pertaining to the client's termination, program
participation, progress, or prognosis for such clients.
d) The provider shall also accept other clients which the award
document specifies are priorities on a priority basis when consistent with the
provider's appropriate admissions criteria.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.850 PRIOR SUBMISSIONS
Section 2030.850 Prior
Submissions
Information or reports required
by this Subpart which have been previously submitted to the Department need not
be resubmitted provided the fund recipient notifies the Department of the prior
document containing such information, the date submitted and the Department
office to which it was directed.
SUBPART J: FUND DISBURSEMENT
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.910 GENERAL
Section 2030.910 General
The Department will disburse
funds to recipients in accordance with the fully executed award document signed
by the Secretary. Disbursements shall be made as appropriate to the nature of
the award and project or service to be delivered. They may be by monthly or
other periodic installment or as invoiced for services delivered or other
reasonable disbursement method as agreed between the parties and consistent
with pertinent laws and regulations (such as the Grant Funds Recovery Act;
State Finance Act [30 ILCS 105]; and the Alcohol and Drug Abuse and Mental
Health Services Block Grant (42 U.S.C.A., Section 300, et seq. (1991)).
SUBPART K: CLOSEOUT
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1010 DEFINITIONS (REPEALED)
Section 2030.1010
Definitions (Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1020 UNILATERAL TERMINATION (REPEALED)
Section 2030.1020 Unilateral
Termination (Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1030 TERMINATION BY AGREEMENT (REPEALED)
Section 2030.1030
Termination by Agreement (Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1040 TERMINATION OR SUSPENSION FOR CAUSE (REPEALED)
Section 2030.1040
Termination or Suspension for Cause (Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1050 ACTIONS ON TERMINATION (REPEALED)
Section 2030.1050 Actions on
Termination (Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1060 SUSPENSION PROCESS (REPEALED)
Section 2030.1060 Suspension
Process (Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1070 SUMMARY SUSPENSION (REPEALED)
Section 2030.1070 Summary
Suspension (Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1080 TERMINATION FOR CAUSE PROCESS (REPEALED)
Section 2030.1080
Termination for Cause Process (Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1090 CLOSEOUT
Section 2030.1090 Closeout
a) The closeout of an award is the process by which the
Department determines that all applicable administrative actions and all
required work of the award have been completed by the provider and the
Department.
b) The provider and Department must follow these procedures to
closeout every award after expiration or termination:
1) Upon written request, the Department shall make prompt
payments to a provider for allowable costs under the award being closed out.
2) The provider shall immediately refund to the Department any
unencumbered balance of cash advanced to the provider.
3) The Department shall obtain from the provider within 90 days
after the date of completion of the award all financial, performance, and other
reports required as a condition of the award. The Department shall grant
extensions when requested in writing by the provider if the justification for
the request is based upon circumstances beyond the provider's control.
4) The Department may prepare an upward or downward adjustment to
the Department's share of costs after these reports are received based upon a
reconciliation between such reports and the award document, subject to the
provisions of this Part.
5) The provider shall account for any property acquired with
Department funds, or received from the Department in accordance with the
provisions of Subpart L.
6) The Department shall retain the right to recover any amounts
determined to be due and owing to the Department after fully considering the
recommendations on disallowed costs resulting from a final audit.
c) The provider shall transfer client records pertaining to an
individual client to a receiving program or make arrangements for a custodian
of such records where the expiration or termination of an award results in program
closure or reduction in service of the provider.
SUBPART L: PROPERTY MANAGEMENT STANDARDS
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1110 SCOPE (REPEALED)
Section 2030.1110 Scope
(Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
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CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1120 DEFINITIONS (REPEALED)
Section 2030.1120
Definitions (Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
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CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1130 REAL PROPERTY (REPEALED)
Section 2030.1130 Real
Property (Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1140 NON-EXPENDABLE PERSONAL PROPERTY (REPEALED)
Section 2030.1140
Non-Expendable Personal Property (Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
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CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1150 EXPENDABLE PERSONAL PROPERTY (REPEALED)
Section 2030.1150 Expendable
Personal Property (Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
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CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1160 COPYRIGHTS, PATENTS AND ROYALTIES
Section 2030.1160
Copyrights, Patents and Royalties
a) Ownership in Copyrights and Patents
When a writing, material, data, form, audio or visual record,
manual, pamphlet, testing component, learning or educational material or other
copyrightable material is developed or produced with Department funds, the
author may copyright the work, unless the award document precludes or restricts
such, except that the Department shall have a royalty-free, nonexclusive and
irrevocable license throughout the world to reproduce, publish or otherwise
use, and to authorize others to use, the material for reasonable purposes in
the public interest. Such license shall be only to the extent that the fund
recipient had, prior to the award, the right to grant such a license without
being liable for compensation to others solely because of such grant. If an
invention is conceived or first actually reduced to practice in the course of
or under an award by the Department, the Department shall be notified.
Determination as to ownership and disposition of rights to such inventions,
including whether a patent application shall be filed and, if so, the manner of
obtaining, administering, and disposing of rights under any patent application
or patent which may issue shall be made by the Department.
b) Royalties
Royalties received during the grant period shall be retained
by the grantee and either be used for any purposes which further the objectives
of the award or be offset against total project or program costs. Disposition
of copyright royalties received after the termination of the grant period
should ordinarily by governed by specific agreements between the Department and
the fund recipient. If there is no specific agreement, the Department's share
of copyright royalties in excess of $200 received annually shall be paid by the
fund recipient to the Department. In such cases, the Department's share of the
royalties shall be computed on the same ratio basis as the percentage of the
Department's participation in the cost of the project or program. Disposition
of patent royalties received after the termination or completion of the grant
period shall be governed by agreements between the Department and the fund
recipient.
SUBPART M: GENERAL PROVISIONS REGARDING AWARD PERFORMANCE
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CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1205 CIVIL RIGHTS/NONDISCRIMINATION
Section 2030.1205 Civil
Rights/Nondiscrimination
a) The fund recipient shall comply with Title VI and VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000d and 2000e et seq.); Section 503 and
504 of the Rehabilitation Act of 1973 (29 U.S.C. 793 and 794); the Illinois
Human Rights Act (Ill. Rev. Stat. 1989, ch. 68, pars. 1-101 et seq.); all
requirements imposed by the applicable Health, Education and Welfare Regulation
(45 CFR 84, (1984)); The Americans with Disabilities Act of 1990 (42 U.S.C.
12101); the Secretary of Labor (20 CFR 741 (1984)); The Americans with
Disabilities Act of 1990 (42 U.S.C. 12101); the U.S. Constitution; the
Constitution of the State of Illinois; any laws, regulations or orders, state
and federal, which prohibit discrimination in employment and service delivery
on the grounds of race, sex, marital status, color, religion, national origin,
age, the inability to speak or comprehend the English language, or by reasons
of any physical or mental handicap. The fund recipient also shall engage in an
affirmative action program, as required by State and federal law, regulations
or orders.
b) Distinctions on the grounds of race, color, creed, sex,
national origin, age, the inability to speak or comprehend the English language
or by reasons of any physical or mental handicap include but are not limited to
the following:
1) Denying a participant any service, benefit or availability of
a facility on the grounds of race, color, creed, sex, national origin, age, the
inability to speak or comprehend the English language or by reason of any
physical or mental handicap;
2) Providing any service or benefit to a participant which is
different, or is provided at a different time, from that provided to other
participants under the terms of the award unless the adjustment of regular
programs or the provision of different programs is necessary to meet the
individual needs of handicapped persons to the same extent as the
non-handicapped where such individual needs necessitate the adjustment of
regular programs or the provision of different programs;
3) Subjecting a participant to segregation or separate treatment
in any matter related to his/her receipt of any service;
4) Restricting a participant in any way in the enjoyment of any
advantage or privilege enjoyed by others receiving any service or benefit;
5) Treating a participant differently from others in determining
whether he satisfies admission requirements, enrollment quotas, eligibility,
membership, or other requirements or conditions which individuals must meet in
order to be provided any service or benefit;
6) Assigning times or places for the provision of services on the
basis of race, sex, marital status, color, religion, national origin, age, the
inability to speak or comprehend the English language, or by reasons of any
physical or mental handicap.
c) Upon receipt of a complaint of discrimination against a
provider, the Department shall report such complaint to the appropriate State
and Federal authorities. Upon notification of a determination by such
authorities that the provider has engaged in discriminatory practices, the
Department shall have the right to terminate the award under Section 2030.1010.
d) A recipient will include verbatim or incorporate by reference
the provisions of this Section in every subaward so that such provisions will
be binding upon every such subprovider. The provider will be liable for
compliance with applicable provisions of this Section by its subproviders. In
addition, the provider will immediately notify the Department and the Illinois
Department of Human Rights in the event any subprovider fails or refuses to
comply with this Section. No provider will utilize any subprovider declared by
the Illinois Department of Human Rights to be nonresponsible and therefore
ineligible for contracts or subawards with the State of Illinois or any its
political subdivisions or municipal corporations.
e) Notwithstanding anything contained in this Section to the
contrary, the Department and the provider may develop or operate programs or
services which are designed to meet the needs of special population groups.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1210 COMPLIANCE DURING AWARD PERIOD
Section 2030.1210 Compliance
During Award Period
a) When the fund recipient signs the award document, the
signature shall be the fund recipient's certification of compliance with all
applicable Federal and State laws and regulations and Department rules. If a
provider has been determined to be in violation or otherwise in non-compliance
by the agency or body or other authority responsible for the administration of
such law or regulation, and the Department is notified of such violation or
non-compliance, then the provider shall be subject to the provisions of Section
2030.1010 of this Part.
b) Any Department award document shall be governed by and
construed according to the laws of the State of Illinois.
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CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1215 CONFLICT OF INTEREST (REPEALED)
Section 2030.1215 Conflict
of Interest (Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
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CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1220 NOTICES
Section 2030.1220 Notices
All notices required or
permitted by this Part or by the terms of an award shall be in writing and
shall be deemed to have been given within five days after the same has been
deposited in the United States mail or on the actual date indicated on the return
receipt requested, postage prepaid, to the parties entitled hereto, directed to
them at their last known address or at the address stated in the award
document. Addresses for notice may be changed by notice. Notice to a recipient
shall be addressed to the person who signed the award document on behalf of the
recipient, at the address stated in the award document, unless such person and
address are changed by notification in writing to the Department.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1225 PERSONNEL ADMINISTRATION (REPEALED)
Section 2030.1225 Personnel
Administration (Repealed)
(Source: Repealed at 24 Ill. Reg. 18099, effective November 30, 2000)
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1230 PROCUREMENT STANDARDS
Section 2030.1230
Procurement Standards
a) This Section provides standards for use by the Department in
establishing procedures for the procurement with award funds of supplies,
equipment, construction, and other services.
b) The standards contained in this Section do not relieve the
provider of the contractual responsibilities arising under its contracts and/or
subawards. The recipient is the responsible authority, without recourse to the
Department, regarding the settlement and satisfaction of all contractual and
administrative issues arising out of procurements entered into in support of an
award. This includes but is not limited to: disputes, claims, protests of
award, source evaluation or other matters of a contractual nature. Matters
concerning violation of law are to be referred to such local, state or Federal
authorities as may have proper jurisdiction.
c) Recipients may use their own procurement regulations which
reflect applicable state and local law, rules and regulations provided that
procurements made with Department award funds adhere to the standards set forth
as follows:
1) The recipient shall maintain a code of standards of conduct
which shall govern the performance of its officers, employees, or agents, in
contracting with the Department and expending Department award funds.
Provider's officers, employees or agents shall neither solicit nor accept
gratuities, favors or anything of monetary value from contractors and
subproviders or potential contractors and subproviders. To the extent
permissible by state or local law, rules or regulations, such standards shall
provide the penalties, sanctions, or other disciplinary actions to be applied
for violations of such standards by either the provider officers, employees, or
agents, or by contractors, subproviders or their agents.
2) All procurement transactions shall be conducted in a manner
that provides, to the maximum extent practical, open and free competition. The
recipient shall establish procedures to avoid organizational conflicts of
interest as defined in Section 2030.1215(a) or noncompetitive practices among
contractors and subproviders which may restrict or eliminate competition or
otherwise restrain trade.
3) The recipient shall establish procurement procedures which
provide for, at a minimum, the following procedural requirements:
A) Proposed procurement actions shall be reviewed by provider
officials to avoid purchasing items which are unnecessary, duplicative or
inconsistent with the purposes of the award. Cost/benefit consideration shall
be made of lease and purchase alternatives to determine the most economical and
practical procurement.
B) Invitations for bids or requests for proposals shall be based
upon a clear and accurate description of the technical requirements for the
material, product, or service to be procured. Such description shall not, in
competitive procurement, contain features which unduly restrict competition.
"Brand name or equal" description may be used as a means to define
the performance or other salient requirements of a procurement, and when so
used, the specific features of the named brand which must be met by offers
should be clearly specified.
C) Positive efforts shall be made to utilize small business and
minority-owned business sources of supplies and services. The efforts should
allow these sources the maximum feasible opportunity to compete for contracts
to be performed utilizing Department funds, without creating non-competition or
restraining trade.
D) The type of procuring instruments used (i.e., fixed price
contracts, cost reimbursable contracts, purchase orders, incentive contracts,
etc.) shall be based on a cost benefit consideration for the particular
procurement and shall be consistent with the objectives of the award. The
"cost-plus-a-percentage-of-cost" method of contracting shall not be
used.
E) Formal advertising, with adequate purchase description, sealed
bids, and public openings, shall be the required method of procurement unless
negotiation pursuant to subsection (F) below is necessary to accomplish sound
procurement. However, procurements of $5,000 or less need not be so advertised
unless otherwise required by state or local law or regulations. Where such
advertised bids are obtained, the awards shall be made to the responsible
bidder whose bid is responsive to the invitation and is most advantageous to
the provider, price and other factors considered. Factors such as discounts,
transportation costs and taxes may be considered in determining the best bid.
Invitations for bids shall clearly set forth all requirements which the bidder
must fulfill in order for his bid to be evaluated by the provider. Any or all
bids may be rejected when it is in the provider's interest to do so, and such rejections
are in accordance with applicable state and local law, rules, and regulations.
F) Procurements may be negotiated if:
i) The exigency will not permit the delay incident to
advertising;
ii) The material or service to be procured is available from only
one person or firm (All contemplated sole source procurements in which the
aggregate expenditure is expected to exceed $7,500 shall be referred to the
Department for prior approval.);
iii) The aggregate amount involved does not exceed $5,000;
iv) The contract or subaward is for personal or professional
services, or for any service to be rendered by a university, college, or other
educational institutions;
v) No acceptable bids have been received after formal
advertising;
vi) The purchases are for highly perishable materials or medical
supplies or for materials or services for which prices are established by law
and for technical items or equipment requiring standardization and
interchangeability of parts with existing equipment;
vii) otherwise authorized by law, rules, or regulations.
G) Contracts and subawards shall be made only with responsible
contractors and subproviders who possess the potential ability to perform
successfully under the terms and conditions of a proposed procurement.
Consideration shall be given to such matters as contractor or subprovider
integrity, record of past performance, financial and technical resources, or
accessibility to other necessary resources.
H) Procurement records or files for purchases in amounts in excess
of $5,000 shall provide the following pertinent information: justification for
the use of negotiation in lieu of advertising, contractor and/or subprovider
selection, and the basis for the cost or price negotiated.
I) A system for contract and/or subprovider conformance with
terms, conditions, and specifications for the contract or order.
J) The provider shall include provisions addressing the following
matters:
i) Contracts and subawards shall contain such contractual
provisions or conditions which will allow for administrative, contractual, or
legal remedies in instances in which contractors and/or subproviders violate or
breach contract terms, and provide for such sanctions and penalties as may be
appropriate.
ii) Contracts in excess of $5,000 shall contain suitable
provisions for termination by the provider including the manner by which it
will be effected and the basis for settlement. In addition, such contracts
and/or subawards shall describe conditions under which the contract and/or
subaward may be terminated for default as well as conditions in which the
contract and/or subaward may be terminated because of circumstances beyond the
control of the contractor and/or subprovider.
iii) All negotiated contracts and/or subawards (except those of
$5,000 or less) awarded by providers shall include a provision to the effect
that the duly authorized representatives of the provider and Department shall
have access to any books, documents, papers, and records of the contractor
and/or subprovider which are directly pertinent to a specific award funded
program or services for the purpose of making audits, examinations, excerpts,
and transcriptions.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1235 PERSONNEL ADMINISTRATION
Section 2030.1235 Personnel
Administration
a) Personnel policies and procedures shall be set forth in
writing and be available for review by the Department.
b) The fund recipient shall determine that its personnel are
personally and professionally qualified. The Provider may consider
professional certification or licensure for the services being provided in
determining that personnel are personally and professionally qualified. The
fund recipient shall make available to the Department the resume for each
professional and paraprofessional person to be assigned to the award detailing
their experience and qualifications. When paraprofessional or untrained staff
are used, they must be supervised by qualified staff and there must be an
ongoing inservice training program in which they participate.
c) All persons hired shall fill out an employment application
form prior to being hired.
d) Individual employee personnel files shall be maintained.
These files shall contain at a minimum:
1) Standardized employment application;
2) Salary transactions such as adjustments or increases;
3) Notices of resignation, firing or disciplinary action;
4) Current job description and pay rating;
5) Information relating to sick, personal, vacation time earned
and taken;
6) Employment agreement specifying date started, direct
supervisor, scheduled date of orientation to the program, provision for
signature by executive director and employee indicating agreement/acceptance of
position;
7) Appropriate tax withholding forms;
8) Copies of all applicable benefit forms such as health
insurance, pension retirement, etc.
9) Verification of licensing, certification, references, academic
credits and training attended;
10) Employee evaluations;
11) Sign off or documentation of completion of orientation to
job, program and Provider work rules.
e) Unless the fund recipient has other properly approved by their
governing board, employees paid from award funds shall earn sick leave and
vacation pay not to exceed the following:
1) Sick leave – one day per month or 12 days per year;
2) Vacation – vacation shall be earned according to length of
service:
A) Less than 6 years – 2 weeks per year
B) From 6 years to 14 years – 3 weeks per year
C) More than 14 years – 4 weeks per year
3) Part-time employees may earn vacation and sick leave on a
pro-rata basis of hours worked. Persons paid on a contractual basis shall not
earn vacation time or sick leave unless such payment is based on a written
contractual arrangement and has prior Department approval.
4) Overtime or compensatory time off is permitted for work in
excess of 40 hours per week in accordance with the fund recipient's policies.
5) Dual compensation is not permitted. This situation is defined
as when an employee receives compensation from two or more different and
unrelated jobs for work performed in the same time span. This applies to all
salaried and contractual personnel and consultants.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1245 PROTECTION OF CLIENT RECORDS/CONFIDENTIALITY
Section 2030.1245 Protection
of Client Records/Confidentiality
The fund recipient shall comply
with Federal and State statutes and regulations governing the confidentiality
of alcohol and drug abuse patient records, including the following:
a) 42 U.S.C. 290 dd-3 (Supp. 1984) (alcohol);
b) 42 U.S.C. 290 ee-3 (Supp. 1984) (substance abuse);
c) 42 CFR 2 (1987);
d) 20 ILCS 305/1-101;
e) 77 Ill. Adm. Code 2058.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1250 PUBLICITY AND PUBLICATIONS
Section 2030.1250 Publicity
and Publications
Any publication of the results
or accomplishments of any Department-funded activity shall contain the
following or comparable acknowledgment: "This project was supported by an
award from the Illinois Department of Human Services."
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1255 RETENTION AND ACCESS REQUIREMENTS FOR RECORDS
Section 2030.1255 Retention
and Access Requirements for Records
All fiscal and programmatic
records, supporting documents and all other books and records pertaining to,
and required to be maintained by the terms of, any Department award shall be
maintained and retained for a period of five years after final payment to allow
for audit by the Department, the State of Illinois, the Federal government, and
any persons duly authorized by the Department; provided, however, if any claim,
litigation, audit, or other action has begun before the expiration of the five
year period, the records shall be retained until completion of the action and
resolution of all issues which arise from it.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1260 RIGHTS IN DATA
Section 2030.1260 Rights in
Data
Any writings, materials, data,
forms, audio or visual records, manuals, pamphlets, testing components,
learning or educational materials developed or produced with Department funds
may be used, duplicated or disclosed by the Department in any manner and for
any purpose whatsoever, and the Department may have or permit others to use,
duplicate or disclose all such data and materials. The Department shall have a
royalty-free, non-exclusive and irrevocable license throughout the world to
use, duplicate or dispose of such data, and materials which may be copyrighted
in any manner and for any purpose whatsoever, and to have or permit others to
do so. Such license shall be only to the extent that the fund recipient now
has, or prior to the completion or final settlement of such Department award
may acquire, the right to award such license without becoming liable to pay
compensation to others solely because of such award.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1265 SEVERABILITY
Section 2030.1265
Severability
If any time or provision of an
award document is held invalid, unenforceable, voidable or void, such term or
provision shall not affect the other terms or provisions of the award document
which can be given effect without the invalid term or provision.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1270 SUBAWARDS
Section 2030.1270 Subawards
a) Activities, responsibilities and obligations of a Provider may
be subawarded out to another organization with the prior written approval of
the Department as required by the terms of the award document. (See Section
2030.930(b)) In determining whether to grant approval for a subaward the
Department will consider:
1) The purpose of the subaward;
2) The ability of the subcontractor to meet the proposed
obligations;
3) The cost-effectiveness of the subaward;
4) The method by which the primary contractor will monitor the
subcontractor's performance;
5) Whether licensure requirements have been met;
6) Benefit to the client.
b) When approval for such subawarding is required, the
arrangement shall be formalized in a contract or other written agreement
between the parties involved, and include at a minimum:
1) The activities to be performed;
2) The time schedule;
3) The award policies and requirements that are applicable to the
subprovider (flow-through requirements);
4) Other policies and procedures to be followed;
5) The dollar limitation of the agreement;
6) The cost principles to be used to determine what costs are to
be allowed.
c) The subaward or other written agreement must not affect the
Provider's overall responsibility for the direction of the project and accountability
to the Department.
d) No approval of any subaward shall be deemed to provide for the
incurrence of any obligation by the Department in addition to the total agreed
upon price.
e) The incurrence of any obligation by the Provider with the intent
of claiming reimbursement, prior to obtaining any required approval, shall be
at the Provider's risk.
SUBPART N: SPECIAL PROVISIONS
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CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1310 SPECIAL PROVISIONS FOR PURCHASE OF MEDICAL SERVICES
Section 2030.1310 Special
Provisions for Purchase of Medical Services
a) The purpose and intent of the Purchase of Medical Services
program is to make the following medical services available to indigent
Illinois residents: emergency medical assessment and treatment, backup medical
support to social setting detoxification and other alcoholism treatment
services, and medical detoxification when necessary.
b) Facilities providing services to alcoholics shall comply with
the provisions of the Act and any applicable Department rules.
c) The programmatic and administrative requirements and
procedures set forth in this Section are applicable to all services for which
reimbursement is expected.
d) Basis of Payment
The basis of payment for eligible costs is the rate
established by the Department of Public Aid under the Medicaid program, if a
Department of Public Aid Provider Agreement exists, or as negotiated by the
Department.
e) Eligible Providers of Services
General and osteopathic hospitals, non-hospital emergency
centers, and free-standing alcohol and substance abuse centers licensed by the
State of Illinois.
f) Reimbursable Services
1) Alcoholism Purchase of Medical Services funds may not be used
for any other primary diagnosis of non-alcoholic psychiatric conditions or any
other concomitant medical conditions.
2) Purchase of Medical Services funds may be expended within the
program component set forth in subsection (g) provided the program components
conform to any applicable licensing requirements, are operated within the
context of an appropriately licensed provider, and are provided for in an
executed award document.
g) Program Components
1) The following program components provide medical services
provided in a non-hospital emergency center or free standing alcoholism and
substance abuse screening facility or outpatient clinic of a hospital licensed
by the Illinois Department of Public Health. These medical services are
specifically for the treatment of acute medical symptomology and complications
directly attributable to or associated with the effects of intoxication and the
disease of alcoholism.
A) Medical Assessment/Emergency Treatment includes the prompt
assessment of all persons to determine the nature of the alcohol related
problems, the level of urgency, identification of the kind of medical treatment
required and assignment for admission or firm referral to the appropriate
treatment/service facility.
B) Medical Detoxification Service (hospital) which provides
immediate medical detoxification services. The purpose of a medical
detoxification is medical intervention and management of the person
incapacitated by withdrawal from alcohol. Medical detoxification services
provided to persons who fit admission criteria for a social setting
detoxification treatment service facility are reimbursable services pursuant to
the award document, when a social setting detoxification treatment/service
facility is not available in the area.
2) For medical assessment, emergency treatment and medical
detoxification services (hospital), the following apply:
A) These services are reimbursable from Purchase of Medical
Services funds only by special arrangement between the hospital provider and
the Department under the authority of a properly executed award document.
B) Provider fees are allowable expenses as established by the
Department of Public Aid under the Medicaid program or as negotiated by the
Department.
C) Physician's fees for services provided in conjunction with the
above services, in order to be reimbursable through the Department's Purchase
of Medical Services funds, shall be incorporated as part of the total hospital
charges for each client billed to the Department unless the Department
specifically contracts for physician services on a separate basis.
D) Purchase of Medical Services funds will pay for a maximum of
four days' treatment in a hospital or in another medical facility which
conforms to Joint Commission of Accreditation of Hospitals as set forth in The
Consolidated Standards Manual – 85 For Child, Adolescent, and Adult
Psychiatric, Alcoholism, and Drug Abuse Facilities and Facilities Serving the
Mentally Retarded-Developmentally Disabled (1984) and Department of Public
Health standards.
E) The necessity for admission and any stay over four days shall
be subject to the Provider's utilization review which shall include daily
certification by a physician of the medical necessity for continued stay. Only
charges for those days determined as medically necessary by the Provider's
Utilization Review Committee will be honored for payment by the Department.
Under no circumstances will the Department pay for more than ten consecutive
days in any one treatment episode. Certification and Utilization Committee
documentation is subject to review by the Department prior to payment.
F) Notification of inpatient services rendered must be provided
to the Department or its designee within 48 hours of admission in accordance
with the award document. No billings will be paid for any client for whom the
Department or its designee has not received 48 hours notification.
"Release of information" signed by the client which conforms with the
provisions of 42 CFR Part 2 shall be provided in addition to copies of
emergency room reports, admission and discharge summaries.
G) The Department may designate in the award document a local
alcoholism treatment provider to act in its behalf. The award document shall
specify functions and responsibilities of the local alcoholism treatment
provider.
h) Client Eligibility
This program is intended to provide financial support to
individuals who cannot afford treatment and who would otherwise be denied
treatment due to the lack of reimbursement by any other source. Therefore,
only persons who, on the basis of inability to pay for their own treatment or
lack of third party payments either through private carrier or other funding
mechanism such as Medicaid or Medicare, shall be eligible for Department
purchase of medical services funding. In order to be reimbursed by the
Department through Purchase of Medical Services funding, providers must verify
that the client's annual income is within the limitations set forth in the
award document.
i) Treatment and Discharge
The following major points should be considered in the
treatment and discharge of persons under this program and documented in the
individual client records:
1) Conditions which justify the necessity of treatment provided
(e.g., necessity of emergency treatment, hospitalization, etc.).
2) Description of medical services critical to and consistent
with diagnosis shall include but not be limited to:
A) Examinations
B) Laboratory studies
C) Special diagnostic studies
D) Present illness – treatment plan
E) Discharge plan
3) Firm referral to other alcoholism treatment programs in the
client's community to ensure a continuum of care.
j) Financial Determination
1) Total documentation demonstrating that all third party funding
sources have been exhausted need not be supplied by the hospital provider at
the time of billing. However, such documentation shall be on file for
inspection by Department staff or its designee. The hospital provider shall
provide Department staff or its designee with access to all records pertaining
to the client for whom billing is made under the award document.
A) The absence of a notice of denial of payment from all other
sources for which the client is eligible shall be grounds for the Department to
require reimbursement of charges and/or to deny payment.
B) In the event that an additional source pays provider charges
subsequent to payment by the Department, the Department shall be immediately
notified and provision made for repayment either directly or through a billing
adjustment.
2) Consent and firm referral forms must be in the client's file.
Absence of such forms during monitoring review shall be grounds for the
Department to require reimbursement of charges and/or deny payment.
k) Program Review
The Department or its designee may inspect and review the
hospital provider's Utilization Review Committee minutes and cumulative monthly
summaries to evaluate the quality of services provided by the hospital
provider. In conducting such inspection the Department shall adhere to the
confidentiality requirements of Part 21 of Article VIII of the Illinois Code of
Civil Procedure [735 ILCS 5/Art. III, Part 21].
l) Fiscal Auditing
1) The Department will conduct random sample audits of client
records to determine if the services billed for were provided. The Department
will contact the local alcoholism treatment provider to determine any contacts,
notifications and linkage performed.
2) The Department or other State or private agency, on behalf of
the Department, will conduct random sample post billing audits of client's
eligibility and financial status and, if such audit reveals that the hospital
provider has billed for an ineligible client or has failed to pursue all
sources of payment before billing Department, the hospital Provider shall
return to the Department all monies paid on behalf of such ineligible or
financially able client.
m) Basis for Program Rates
Department rate methodology will be used for purchase of
medical services when possible. Department funding alternatives include but
are not limited to the following:
1) The Department shall reimburse the provider for eligible
treatment services to alcoholics at the Department of Public Aid per diem rate
established for each provider.
2) In those instances in which an exception to this rate is
requested, the Department will review the proposed alternative rate structure
and its supporting documentation. If the Department approves the alternative
rate structure, a copy of such approved rates, with the effective dates, shall
be attached to each copy of the agreement between the provider and the
Department and shall be the basis for computing charges to the Department.
Situations in which the Department will approve an alternative rate structure
include but are not limited to the following:
A) The provider is the sole source provider in the area;
B) The provider, through internal fiscal restructuring, can
deliver this service at a more economical rate;
C) Volume/market conditions make it advantageous to the provider
to develop special package service rates.
3) For purposes of revising the rate during the award document
period of performance, the provider must present the Department with fiscal and
programmatic documents supporting a proposed revised rate at least thirty days
prior to an implementation date which, if approved by the Department, will be
attached to the agreement. The approved revised rate change shall not affect
the maximum compensation payable under the award document.
n) Billing Procedures
The Department shall supply each hospital provider with
billing forms. The provider shall submit its billings to the Department in
accordance with the following instructions:
1) The "Summary of Services Provided" form should be
prepared in triplicate. Providers are to attach itemized billings, including
documentation of need for services rendered, to one copy and send additional
copies (total of two) to the Department or its designee and retain one copy for
the provider records.
2) The "Summary of Services Provided" form must be
prepared in the same manner by physicians when fees for services are not
included in the per diem rate. In those instances, providers will make
simultaneous submission of physician's and provider's "Summary of Services
Provided."
3) The "Summary of Services Provided" form must be
received by the Department no later than the 10th day of the month
if payment is to be processed in that month.
4) Billings must be submitted to the Department on a monthly
basis within thirty (30) days after the end of each month for services provided
in such month.
 | TITLE 77: PUBLIC HEALTH
CHAPTER X: DEPARTMENT OF HUMAN SERVICES SUBCHAPTER c: ADMINISTRATION OF FUNDING
PART 2030
AWARD AND MONITORING OF FUNDS
SECTION 2030.1320 SPECIAL PROVISIONS FOR PREVENTION SERVICES
Section 2030.1320 Special
Provisions for Prevention Services
a) Alcohol and other drug abuse prevention is a process targeting
100% of the population, which supports individuals, communities, and family
systems in creating healthy environments, lifestyles and behaviors. Prevention
services are an integral component in the array of alcohol and other drug abuse
services, i.e., prevention, intervention and treatment. Effective prevention
efforts decrease the likelihood of alcohol and other drug abuse, promote risk
reduction, change community norms, strengthen public policy and assist
individuals in developing their capabilities, thus ensuring a higher quality of
life.
Providers must employ one or more of the following five
prevention strategies:
1) Information Dissemination – Activities designed to increase
the awareness and knowledge of the community regarding the nature and extent of
substance abuse and appropriate prevention and treatment strategies and
services.
2) Skills Building – Approaches that focus on developing social
competencies through the use of structured learning processes. These programs
assist individuals to develop or improve their critical life skills, such as
decision making, coping with stress, problem solving, interpersonal
communication and parenting.
3) Alternatives – Activities specifically related to prevention
of substance abuse problems which provide challenging, positive growth
experiences in which people can develop self-discipline, confidence, and
personal and social awareness.
4) Social Policy – Activities that attempt to change conditions
to minimize the availability of drugs and other negative influences. Current
legislation around alcohol and drug use falls within this strategy.
5) Training of Impactors – Activities that are conducted with
leaders of community systems in order to impact a large number of people
through the impactors' efforts. The activities are designed to assist
impactors in examining their own attitudes toward drug use and users,
identifying how these attitudes affect the way they respond to alcohol and drug
use behavior, and identifying their role in a comprehensive community-based
prevention support system.
b) Performance measures
1) Prevention projects must develop specific goals and objectives
related to their prevention strategies, and demonstrate how stated goals and
objectives will be the means by which the implementation of the strategies
occur.
2) Prevention projects must develop all strategies, and goals and
objectives to achieve them, from a substance abuse perspective.
3) Prevention projects must provide evidence of the completion of
a needs assessment based on locally derived data indicators which will, at a
minimum, describe currently existing prevention resources within the community
and the unmet needs which proposed services will fill.
4) Applicants for prevention funding must demonstrate the
establishment of linkages with other community agencies which serve the target
population. Such linkages must be in the form of letters of support or
cooperation, referral agreements or other similar documents. A minimum of two
such letters is required, one of which must be from the "In Touch"
program.
5) Public information materials (printed and audio-visual) for
which a Department award or subaward was made must be reviewed and approved in
writing by the Department prior to release and dissemination. The Department
may elect review and approval authority when deemed necessary.
c) Department-funded prevention programs may charge reasonable
fees to offset costs for services. The fees are intended to maximize and
diversify revenue sources and shall not result in denial of services based on
inability to pay.
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