Sec. 886.20 - Definitions

ยง 886.20. Definitions

For the purposes of this Part, the following terms shall have the following meanings:

Act - the Rehabilitation Act of 1973 ( 29 USC 701 through 796i) is federal legislation that establishes rules and funding requirements for the development and operation of Independent Living Services programs by Centers for Independent Living.

Administration on Community Living or ACL - a unit of the U.S. Department of Health and Human Services.

Center for Independent Living or CIL or Center - a consumer-controlled, community based, cross-disability, nonresidential, private not-for-profit agency for individuals with significant disabilities (regardless of age or income) that:

is designed and operated within a local community by a majority of individuals with disabilities; and

provides an array of Independent Living Services, as defined in section 705(18) of the Act, including, at a minimum, Independent Living Core Services; and

complies with the standards set out in section 725(b) of the Act, with the assurances in section 725(c) of the Act, and with 45 CFR 1329.5.

Compliance Review - an on-site review of a CIL that is conducted by the DSE to assess compliance with the standards and assurances set forth in federal and State law and with contract terms and conditions.

Consumer - a person with a disability who has requested (or his or her family member has requested on that person's behalf), been referred for, is receiving, or has received any services provided by a CIL.

Consumer Control - means, with respect to a Center, that the Center vests power and authority in individuals with disabilities, including individuals who are or have been recipients of IL services, in terms of the management, staffing, decision making, operation, and provision of services. Consumer control, with respect to an individual, means that the individual with a disability asserts control over his or her personal life choices and, in addition, has control over his or her independent living plan (ILP), making informed choices about content, goals, and implementation.

Cross-disability - a situation in which services are available to a range of individuals with significant disabilities and their eligibility for those services does not require a specific disability in order to access Independent Living Services.

Designated State Entity or DSE - the agency designated in the State Plan for Independent Living (SPIL) that acts on behalf of the State to provide the functions described in the Act.

Finding - the outcome of a compliance review reflecting that the CIL being reviewed did not demonstrate minimum compliance with applicable standards and assurances set forth in federal and State law and with contract terms and conditions.

Independent Living Core Services - the minimum services an organization must provide to be considered a CIL. These services are:

information and referral services;

independent living skills training;

peer counseling, including cross-disability peer counseling;

individual advocacy and system advocacy; and

transitional services that:

facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based residences, with the requisite supports and services;

provide assistance to individuals with significant disabilities who are at risk of entering institutions so that the individuals may remain in the community; and

facilitate the transition of youth who are individuals with significant disabilities.

Independent Living Services - services in addition to the Independent Living Core Services provided by a CIL, as required by the Act.

Independent Living Skills Training - instruction provided to people with disabilities to help them either obtain or improve upon a wide range of skills needed to live independently and manage life with a disability.

Individual Advocacy - involves pleading an individual's cause or speaking or writing in support of an individual. Individual advocacy may include representation before public and/or private entities or organizations, government agencies (whether State, local or federal) or in a court of law (whether State or federal) on the behalf of oneself, another individual, or a group of individuals.

Individual with a Disability - an individual who:

has a physical, mental, cognitive, or sensory impairment that substantially limits one or more of the individual's major life activities;

has a record of having such an impairment; or

is regarded as having such an impairment.

Individual with a Significant Disability - an individual with a severe physical, mental, cognitive, or sensory impairment whose ability to function independently in the family or community or whose ability to obtain, maintain, or advance in employment is substantially limited and for whom the delivery of Independent Living Services will improve the ability to function, continue to function, or move toward functioning independently in the family or community or to continue employment.

Information and Referral Services - providing people with disabilities, their families, and the community with assistance in locating and accessing available services and products that will assist individuals in living more independently.

Observation - a practice within a CIL observed during an on-site compliance review that does not rise to the level of a finding but would improve the provision of the independent living program if changes were made to that practice.

Part B Funding - the funding provided to states through the U.S. Department of Health and Human Services-Administration for Community Living, under the provisions of Title VII, Part B of the Act to support and enhance Independent Living Services within a state.

Part C Funding - the funding provided directly to qualifying CILs through the U.S. Department of Health and Human Services-Administration for Community Living, under the provisions of Title VII, Part C of the Act to establish new CILs and new branch offices, and to support, expand and enhance Independent Living Services to existing CILs within a state.

Peer Counseling - the method through which peers associated with a CIL can provide other individuals with disabilities seeking this service information and support through role modeling; sharing of experiences, feelings, and awareness of disability issues; problem solving; coping strategies; and intimate knowledge of community resources to reduce environmental barriers to independent living.

Recommendation - the outcome of either a finding or an observation during a compliance review is then followed by a "recommendation". Recommendations are suggestions from DHS-DRS on ways to correct the findings; ways to respond to observations; or ways to improve practices in general.

State Appropriated Funds - those funds appropriated by the Illinois General Assembly for DHS to support and enhance Independent Living Services in the State.

State Plan for Independent Living or State Plan or SPIL - the plan required under section 704 of Title VII of the Act that is jointly developed by the Statewide Independent Living Council (SILC) and the directors of the CILs, after receiving public input from individuals with disabilities and other stakeholders throughout the State and approved by the Administration for Community Living. The State Plan outlines the services, goals, and objectives of the statewide independent living program, as well as outlining Independent Living Services throughout the State, and is the basis for receipt of Part B and Part C Funds received from ACL.

Statewide Independent Living Council or SILC - the mandated council established pursuant to the Act and Section 12a of the Disabled Persons Rehabilitation Act [20 ILCS 2405] and governed by DHS rules at 89 Ill. Adm. Code 515.

System Advocacy - reducing barriers to community participation through:

public education and media engagement;

utilizing the legal/judicial process;

engaging in legislative advocacy; and/or

influencing administrative or regulatory entities.

Transition Services - services that:

facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based residences, with the requisite supports and services;

provide assistance to individuals with significant disabilities who are at risk of entering institutions so that the individuals may remain in the community; and

facilitate the transition of youth who are individuals with significant disabilities.

Unserved or Underserved - groups or populations of individuals with severe disabilities in the State, including but not limited to those groups that:

have cognitive or sensory impairments;

are members of disadvantaged racial or ethnic minority groups that are served at ratios less than their proportion of a CIL's service area;

are individuals with limited English proficiency;

live in rural or urban areas; or

are identified by DHS or a local CIL as being from an unserved or underserved rural or urban geographic area.

(Amended at 44 Ill. Reg. 2808, effective January 31, 2020)

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