TITLE 89: SOCIAL SERVICES CHAPTER I: DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES SUBCHAPTER a: GENERAL PROVISIONS PART 104 PRACTICE IN ADMINISTRATIVE HEARINGS The General Assembly's Illinois Administrative Code database includes only those rulemakings that have been permanently adopted. This menu will point out the Sections on which an emergency rule (valid for a maximum of 150 days, usually until replaced by a permanent rulemaking) exists. The emergency rulemaking is linked through the notation that follows the Section heading in the menu. View Entire Part SUBPART A: ASSISTANCE APPEALS Section 104.1 Assistance Appeals Section 104.10 Initiation of Appeal Process Section 104.11 Pre-Appeal Review Section 104.12 Notice of Hearing Section 104.20 Conduct of Hearings Section 104.21 Representation Section 104.22 Appellant Participation in Hearing Section 104.23 Evidentiary Requirements Section 104.30 Subpoenas Section 104.35 Amendment of Appeal Section 104.40 Consolidation of Appeals Section 104.45 Postponement or Continuation of Hearings Section 104.50 Withdrawal of Appeal Section 104.55 Closing of Hearing Record Section 104.60 Dismissal of Appeal Section 104.70 Final Administrative Decision Section 104.74 Surety Bonds Section 104.75 Immediate Suspension of a Vendor Section 104.80 Public Aid Committee SUBPART B: RESPONSIBLE RELATIVE AND JOINT PAYEE PETITIONS Section 104.100 Support Order, Responsible Relative and Joint Payee Petitions Section 104.101 Petition for Hearing Section 104.102 Conduct of Administrative Support Hearings Section 104.103 Conduct of Hearings to Contest the Determination of Past-Due Support or of a Failure of a Licensee to Comply with a Subpoena or Warrant in a Paternity or Child Support Proceeding or of Share of Jointly-Owned Federal or State Income Tax Refunds or Other Joint Federal or State Payments Section 104.104 Conduct of Other Hearings Section 104.105 Conduct of Hearings on Petitions for Release from Administrative Paternity Orders Section 104.106 Conduct of Hearings on Petitions for Family Financial Responsibility Driving Permits Section 104.110 Conduct of Hearings on Joint Owner's Contest of Levy of Jointly-Owned Personal Property SUBPART C: MEDICAL VENDOR AND ALTERNATE PAYEE HEARINGS Section 104.200 Applicability Section 104.202 Definitions Section 104.204 Notice of Denial of an Application Section 104.205 Notice of Informal Review of the Request for Appeal for Ambulance Service Provider Section 104.206 Notice of Intent to Recover Money Section 104.207 Notice of Contested Paternity Hearing Section 104.208 Notice of Intent to Terminate, Suspend, Exclude or Not Renew Provider Agreement or to Revoke Alternate Payee Section 104.209 Notice of Intent to Certify Past-Due Support Owed by a Responsible Relative to, or Failure to Comply with a Subpoena or Warrant from, a State Licensing Agency and to Take Disciplinary Action (Repealed) Section 104.210 Right to Hearing Section 104.211 Notice of Termination or Suspension Pursuant to Exclusion by the Department of Health and Human Services Section 104.212 Prior Factual Determinations Section 104.213 Demand for Judicial Determination of the Existence of the Father and Child Relationship Section 104.215 Notice of Formal Conference Section 104.216 Formal Conference on Recovery of Money Section 104.217 Purpose of Formal Conference Section 104.220 Notice of Hearing Section 104.221 Issues at Hearings Section 104.225 Legal Counsel Section 104.226 Appearance of Attorney or Other Representative Section 104.230 Notice, Service and Proof of Service Section 104.231 Form of Papers Section 104.235 Discovery Section 104.240 Conduct of Hearings Section 104.241 Amendments Section 104.242 Motions Section 104.243 Subpoenas Section 104.244 Burden of Proof Section 104.245 Witness at Hearings Section 104.246 Evidence at Hearings Section 104.247 Cross-Examination Section 104.248 Disqualification of Hearing Officers Section 104.249 Genetic Testing in Contested Paternity Hearings Section 104.250 Official Notice Section 104.255 Computer Generated Documents Section 104.260 Recommendation of Peer Review Committee Section 104.270 Time Limits for Hearings Section 104.271 Continuances and Extensions Section 104.272 Withholding of Payments and Release of Withholds Section 104.273 Continuation of Payments During Pendency of Proceedings Section 104.274 Denial of Payments for Services During Pendency of Proceedings Section 104.280 Record of Hearings Section 104.285 Failure to Appear or Proceed Section 104.290 Recommended Decision Section 104.295 Director's Decision SUBPART D: RULES FOR JOINT DEPARTMENT ACTIONS AGAINST SKILLED NURSING FACILITIES AND INTERMEDIATE CARE FACILITIES PARTICIPATING IN THE MEDICAID PROGRAM Section 104.300 Authority Section 104.302 Definitions Section 104.304 Department Actions Against Nursing Homes Facilities Section 104.310 Certification Section 104.320 Joint Administrative Hearing Section 104.330 Facilities Certified Under Both Medicare and Medicaid SUBPART E: FOOD STAMP ADMINISTRATIVE DISQUALIFICATION HEARINGS Section 104.400 Suspected Intentional Violation of the Program Section 104.410 Advance Notice of Administrative Disqualification Hearing Section 104.420 Postponement of Hearing Section 104.430 Administrative Disqualification Hearing Procedures Section 104.440 Failure to Appear Section 104.450 Participation While Awaiting a Hearing Section 104.460 Consolidation of Administrative Disqualification Hearing with Fair Hearing Section 104.470 Administrative Disqualification Hearing Decision and Notice of Decision Section 104.480 Appeal Procedure SUBPART F: INCORPORATION BY REFERENCE Section 104.800 Incorporation By Reference SUBPART G: UNAUTHORIZED USE OF MEDICAL ASSISTANCE Section 104.900 Unauthorized Use of Medical Assistance Section 104.910 Definitions Section 104.920 Applicability Section 104.930 Notice of Intent to Recover Money Section 104.940 Request for Hearing Section 104.950 Representation Section 104.960 Conduct of Hearings Section 104.970 Recommended Decision Section 104.980 Final Administrative Decision

AUTHORITY: Implementing Sections 11-8 through 11-8.7, 12-4.9 and 12-4.25 and authorized by Section 12-13 of the Illinois Public Aid Code [305 ILCS 5/11-8 through 11-8.7, 12-4.9, 12-4.25 and 12-13].

SOURCE: Filed and effective December 30, 1977; emergency rule at 2 Ill. Reg. 11, p. 151, effective March 9, 1978, for a maximum of 150 days; amended at 2 Ill. Reg. 21, p. 10, effective May 26, 1978; amended at 2 Ill. Reg. 33, p. 57, effective August 17, 1978; peremptory amendment at 3 Ill. Reg. 11, p. 38, effective March 1, 1979; amended at 4 Ill. Reg. 21, p.80, effective May 8, 1980; peremptory amendment at 5 Ill. Reg. 1197, effective January 23, 1981; amended at 5 Ill. Reg. 10753, effective October 1, 1981; amended at 6 Ill. Reg. 894, effective January 7, 1982; codified at 7 Ill. Reg. 5706; amended at 8 Ill. Reg. 5274, effective April 9, 1984; amended (by adding Sections being codified with no substantive change) at 8 Ill. Reg. 16979; amended at 8 Ill. Reg. 18114, effective September 21, 1984; amended at 10 Ill. Reg. 10129, effective June 1, 1986; amended at 11 Ill. Reg. 9213, effective April 30, 1987; amended at 12 Ill. Reg. 9142, effective May 16, 1988; amended at 13 Ill. Reg. 3944, effective March 10, 1989; amended at 13 Ill. Reg. 17013, effective October 16, 1989; amended at 14 Ill. Reg. 18836, effective November 9, 1990; amended at 15 Ill. Reg. 5320, effective April 1, 1991; amended at 15 Ill. Reg. 6557, effective April 30, 1991; amended at 16 Ill. Reg. 12903, effective August 15, 1992; amended at 16 Ill. Reg. 16632, effective October 23, 1992; amended at 16 Ill. Reg. 18834, effective December 1, 1992; emergency amendment at 17 Ill. Reg. 659, effective January 7, 1993, for a maximum of 150 days; amended at 17 Ill. Reg. 7025, effective April 30, 1993; amended at 18 Ill. Reg. 11260, effective July 1, 1994; amended at 19 Ill. Reg. 1321, effective January 30, 1995; emergency amendment at 19 Ill. Reg. 10268, effective July 1, 1995, for a maximum of 150 days; emergency amendment at 19 Ill. Reg. 15521, effective October 30, 1995, for a maximum of 150 days; amended at 19 Ill. Reg. 15711, effective November 6, 1995; amended at 20 Ill. Reg. 1229, effective December 29, 1995; amended at 20 Ill. Reg. 5699, effective March 28, 1996; amended at 20 Ill. Reg. 14891, effective November 1, 1996; emergency amendment at 21 Ill. Reg. 8671, effective July 1, 1997, for a maximum of 150 days; emergency amendment at 21 Ill. Reg. 9306, effective July 1, 1997, for a maximum of 150 days; amended at 21 Ill. Reg. 13648, effective October 1, 1997; amended at 21 Ill. Reg. 14977, effective November 7, 1997; emergency amendment at 22 Ill. Reg. 17113, effective September 10, 1998, for a maximum of 150 days; amended at 23 Ill. Reg. 2393, effective January 22, 1999; emergency amendment at 23 Ill. Reg. 11734, effective September 1, 1999, for a maximum of 150 days; amended at 24 Ill. Reg. 2418, effective January 27, 2000; amended at 25 Ill. Reg. 5351, effective April 1, 2001; amended at 26 Ill. Reg. 9836, effective June 26, 2002; emergency amendment at 26 Ill. Reg. 11022, effective July 1, 2002, for a maximum of 150 days; amended at 26 Ill. Reg. 12306, effective July 26, 2002; amended at 26 Ill. Reg. 17743, effective November 27, 2002; amended at 27 Ill. Reg. 5853, effective March 24, 2003; amended at 27 Ill. Reg. 13771, effective August 1, 2003; amended at 28 Ill. Reg. 2735, effective February 1, 2004; emergency amendment at 29 Ill. Reg. 2735, effective February 7, 2005, for a maximum of 150 days; amended at 29 Ill. Reg. 10187, effective June 30, 2005; amended at 31 Ill. Reg. 2387, effective January 19, 2007; amended at 32 Ill. Reg. 16797, effective October 6, 2008; amended at 33 Ill. Reg. 6283, effective April 15, 2009; amended at 35 Ill. Reg. 2030, effective January 21, 2011; amended at 35 Ill. Reg. 12900, effective July 25, 2011; amended at 36 Ill. Reg. 7530, effective May 7, 2012; amended at 36 Ill. Reg. 9086, effective June 11, 2012; emergency amendment at 36 Ill. Reg. 10195, effective July 1, 2012 through June 30, 2013; amended at 37 Ill. Reg. 10172, effective June 27, 2013; amended at 37 Ill. Reg. 12838, effective July 24, 2013; expedited correction at 37 Ill. Reg. 16034, effective July 24, 2013; amended at 41 Ill. Reg. 4263, effective March 30, 2017.