Illinois Compiled Statutes 305 ILCS 5/12-4.47 – Continued eligibility for developmental disability services for …
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Continued eligibility for developmental disability services for dependents of military service members.
(a) As used in this Section:
“Dependent” means a spouse, birth child, adopted child, or stepchild of a military service member.
“Legal resident” means a person who maintains Illinois as his or her principal establishment, home of record, or permanent home and to where, whenever absent due to military obligation, he or she intends to return.
“Military service” means service in the armed forces or armed forces reserves of the United States, or membership in the Illinois National Guard.
“Military service member” means a person who is currently in military service or who has separated from military service in the previous 18 months through either retirement or military separation.
(b) A dependent, who is a legal resident of the State, having previously been determined to be eligible for developmental disability services provided by the Department of Human Services, including waiver services provided under the home and community based services programs authorized under Section 1915(c) of the Social Security Act, shall retain eligibility for those developmental disability services as long as he or she remains a legal resident of the State, regardless of having left the State due to the military service member’s military assignment outside the State, and as long as he or she is otherwise eligible for such services.
(c) The Department of Human Services shall permit a dependent who resides out-of-state to be placed on the waiting list for developmental disabilities services if the dependent left the State due to the military service member’s military assignment outside the State, is otherwise eligible for those services, and furnishes the following:
(1) a copy of the military service member’s DD-214 or
(a) As used in this Section:
Terms Used In Illinois Compiled Statutes 305 ILCS 5/12-4.47
- Dependent: A person dependent for support upon another.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- United States: may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
“Dependent” means a spouse, birth child, adopted child, or stepchild of a military service member.
“Legal resident” means a person who maintains Illinois as his or her principal establishment, home of record, or permanent home and to where, whenever absent due to military obligation, he or she intends to return.
“Military service” means service in the armed forces or armed forces reserves of the United States, or membership in the Illinois National Guard.
“Military service member” means a person who is currently in military service or who has separated from military service in the previous 18 months through either retirement or military separation.
(b) A dependent, who is a legal resident of the State, having previously been determined to be eligible for developmental disability services provided by the Department of Human Services, including waiver services provided under the home and community based services programs authorized under Section 1915(c) of the Social Security Act, shall retain eligibility for those developmental disability services as long as he or she remains a legal resident of the State, regardless of having left the State due to the military service member’s military assignment outside the State, and as long as he or she is otherwise eligible for such services.
(c) The Department of Human Services shall permit a dependent who resides out-of-state to be placed on the waiting list for developmental disabilities services if the dependent left the State due to the military service member’s military assignment outside the State, is otherwise eligible for those services, and furnishes the following:
(1) a copy of the military service member’s DD-214 or
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other equivalent discharge paperwork; and
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(2) proof of the military service member’s legal
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residence in the State, as prescribed by the Department.
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(d) For dependents who received developmental disability services and who left the State due to the military service member’s military assignment outside the State, upon the dependent’s return to the State and when a request for services is made, the Department shall:
(1) determine the dependent’s eligibility for
(1) determine the dependent’s eligibility for
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services, which may include a request for waiver services provided under the home and community based services programs authorized under Section 1915(c) of the Social Security Act;
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(2) provide to the dependent notification of the
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determination of eligibility for services, which includes notification of a denial of services if applicable;
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(3) provide the dependent an opportunity to contest
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the Department’s determination through the appeals processes established by the Department; and
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(4) resume services if the individual remains
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eligible.
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(e) As a condition of continued eligibility for services under subsection (b) of this Section, a dependent must inform the Department of his or her current address and provide updates as requested by the Department.
(f) No payment pursuant to this Section shall be made for developmental disability services authorized under the Illinois Title XIX State Plan and provided outside the State unless those services satisfy the conditions specified in 42 C.F.R. § 431.52. No payment pursuant to this Section shall be made for home and community based services provided outside the State of Illinois.
(g) The Department shall request a waiver from the appropriate federal agency if a waiver is necessary to implement the provisions of this Section.
(h) The Department may adopt rules necessary to implement the provisions of this Section.
(f) No payment pursuant to this Section shall be made for developmental disability services authorized under the Illinois Title XIX State Plan and provided outside the State unless those services satisfy the conditions specified in 42 C.F.R. § 431.52. No payment pursuant to this Section shall be made for home and community based services provided outside the State of Illinois.
(g) The Department shall request a waiver from the appropriate federal agency if a waiver is necessary to implement the provisions of this Section.
(h) The Department may adopt rules necessary to implement the provisions of this Section.