Sen. Celina Villanueva
Filed: 3/18/2022
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1 | AMENDMENT TO HOUSE BILL 4999
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2 | AMENDMENT NO. ______. Amend House Bill 4999 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Early Intervention Services System Act is | ||||||
5 | amended by changing Section 11 as follows:
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6 | (325 ILCS 20/11) (from Ch. 23, par. 4161)
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7 | Sec. 11. Individualized Family Service Plans.
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8 | (a) Each eligible infant or toddler and that infant's or | ||||||
9 | toddler's family
shall receive:
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10 | (1) timely, comprehensive, multidisciplinary | ||||||
11 | assessment of the unique
strengths and needs of each | ||||||
12 | eligible infant and toddler, and assessment of the | ||||||
13 | concerns
and priorities of the families to appropriately | ||||||
14 | assist them in meeting
their needs and identify supports | ||||||
15 | and services to meet those needs; and
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16 | (2) a written Individualized Family Service Plan |
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1 | developed by a
multidisciplinary team which includes the | ||||||
2 | parent or guardian. The
individualized family service plan | ||||||
3 | shall be based on the
multidisciplinary team's assessment | ||||||
4 | of the resources, priorities,
and concerns of the family | ||||||
5 | and its identification of the supports
and services | ||||||
6 | necessary to enhance the family's capacity to meet the
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7 | developmental needs of the infant or toddler, and shall | ||||||
8 | include the
identification of services appropriate to meet | ||||||
9 | those needs, including the
frequency, intensity, and | ||||||
10 | method of delivering services. During and as part of
the | ||||||
11 | initial development of the individualized family services | ||||||
12 | plan, and any
periodic reviews of the plan, the | ||||||
13 | multidisciplinary team may seek consultation from the lead
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14 | agency's designated experts, if any, to help
determine | ||||||
15 | appropriate services and the frequency and intensity of | ||||||
16 | those
services. All services in the individualized family | ||||||
17 | services plan must be
justified by the multidisciplinary | ||||||
18 | assessment of the unique strengths and
needs of the infant | ||||||
19 | or toddler and must be appropriate to meet those needs.
At | ||||||
20 | the periodic reviews, the team shall determine whether | ||||||
21 | modification or
revision of the outcomes or services is | ||||||
22 | necessary.
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23 | (b) The Individualized Family Service Plan shall be | ||||||
24 | evaluated once a year
and the family shall be provided a review | ||||||
25 | of the Plan at 6-month 6 month intervals or
more often where | ||||||
26 | appropriate based on infant or toddler and family needs.
The |
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1 | lead agency shall create a quality review process regarding | ||||||
2 | Individualized
Family Service Plan development and changes | ||||||
3 | thereto, to monitor
and help ensure assure that resources are | ||||||
4 | being used to provide appropriate early
intervention services.
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5 | (c) The initial evaluation and initial assessment and | ||||||
6 | initial
Plan meeting must be held within 45 days after the | ||||||
7 | initial
contact with the early intervention services system. | ||||||
8 | The 45-day timeline does not apply for any period when the | ||||||
9 | child or parent is unavailable to complete the initial | ||||||
10 | evaluation, the initial assessments of the child and family, | ||||||
11 | or the initial Plan meeting, due to exceptional family | ||||||
12 | circumstances that are documented in the child's early | ||||||
13 | intervention records, or when the parent has not provided | ||||||
14 | consent for the initial evaluation or the initial assessment | ||||||
15 | of the child despite documented, repeated attempts to obtain | ||||||
16 | parental consent. As soon as exceptional family circumstances | ||||||
17 | no longer exist or parental consent has been obtained, the | ||||||
18 | initial evaluation, the initial assessment, and the initial | ||||||
19 | Plan meeting must be completed as soon as possible. With | ||||||
20 | parental consent,
early intervention services may commence | ||||||
21 | before the completion of the
comprehensive assessment and | ||||||
22 | development of the Plan. All early intervention services shall | ||||||
23 | be initiated as soon as possible but not later than 30 calendar | ||||||
24 | days after the consent of the parent or guardian has been | ||||||
25 | obtained for the individualized family service plan, in | ||||||
26 | accordance with rules adopted by the Department of Human |
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1 | Services.
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2 | (d) Parents must be informed that early
intervention
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3 | services shall be provided to each eligible infant and | ||||||
4 | toddler, to the maximum extent appropriate, in the natural
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5 | environment, which may include the home or other community | ||||||
6 | settings. Parents must also be informed of the availability of | ||||||
7 | early intervention services provided through telehealth | ||||||
8 | services. Parents
shall make
the final decision to accept or | ||||||
9 | decline
early intervention services, including whether | ||||||
10 | accepted services are delivered in person or via telehealth | ||||||
11 | services. A decision to decline such services shall
not be a | ||||||
12 | basis for administrative determination of parental fitness, or
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13 | other findings or sanctions against the parents. Parameters of | ||||||
14 | the Plan
shall be set forth in rules.
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15 | (e) The regional intake offices shall explain to each | ||||||
16 | family, orally and
in
writing, all of the following:
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17 | (1) That the early intervention program will pay for | ||||||
18 | all early
intervention services set forth in the | ||||||
19 | individualized family service plan that
are not
covered or | ||||||
20 | paid under the family's public or private insurance plan | ||||||
21 | or policy
and not
eligible for payment through any other | ||||||
22 | third party payor.
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23 | (2) That services will not be delayed due to any rules | ||||||
24 | or restrictions
under the family's insurance plan or | ||||||
25 | policy.
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26 | (3) That the family may request, with appropriate |
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1 | documentation
supporting the request, a
determination of | ||||||
2 | an exemption from private insurance use under
Section | ||||||
3 | 13.25.
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4 | (4) That responsibility for co-payments or
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5 | co-insurance under a family's private insurance
plan or | ||||||
6 | policy will be transferred to the lead
agency's central | ||||||
7 | billing office.
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8 | (5) That families will be responsible
for payments of | ||||||
9 | family fees,
which will be based on a sliding scale
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10 | according to the State's definition of ability to pay | ||||||
11 | which is comparing household size and income to the | ||||||
12 | sliding scale and considering out-of-pocket medical or | ||||||
13 | disaster expenses, and that these fees
are payable to the | ||||||
14 | central billing office. Families who fail to provide | ||||||
15 | income information shall be charged the maximum amount on | ||||||
16 | the sliding scale.
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17 | (f) The individualized family service plan must state | ||||||
18 | whether the family
has private insurance coverage and, if the | ||||||
19 | family has such coverage, must
have attached to it a copy of | ||||||
20 | the family's insurance identification card or
otherwise
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21 | include all of the following information:
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22 | (1) The name, address, and telephone number of the | ||||||
23 | insurance
carrier.
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24 | (2) The contract number and policy number of the | ||||||
25 | insurance plan.
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26 | (3) The name, address, and social security number of |
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1 | the primary
insured.
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2 | (4) The beginning date of the insurance benefit year.
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3 | (g) A copy of the individualized family service plan must | ||||||
4 | be provided to
each enrolled provider who is providing early | ||||||
5 | intervention services to the
child
who is the subject of that | ||||||
6 | plan.
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7 | (h) Children receiving services under this Act shall | ||||||
8 | receive a smooth and effective transition by their third | ||||||
9 | birthday consistent with federal regulations adopted pursuant | ||||||
10 | to Sections 1431 through 1444 of Title 20 of the United States | ||||||
11 | Code. Beginning January 1, 2022, children who receive early | ||||||
12 | intervention services prior to their third birthday and are | ||||||
13 | found eligible for an individualized education program under | ||||||
14 | the Individuals with Disabilities Education Act, 20 U.S.C. | ||||||
15 | 1414(d)(1)(A), and under Section 14-8.02 of the School Code | ||||||
16 | and whose birthday falls between May 1 and August 31 may | ||||||
17 | continue to receive early intervention services until the | ||||||
18 | beginning of the school year following their third birthday in | ||||||
19 | order to minimize gaps in services, ensure better continuity | ||||||
20 | of care, and align practices for the enrollment of preschool | ||||||
21 | children with special needs to the enrollment practices of | ||||||
22 | typically developing preschool children. | ||||||
23 | (Source: P.A. 101-654, eff. 3-8-21; 102-104, eff. 7-22-21; | ||||||
24 | 102-209, eff. 11-30-21 (See Section 5 of P.A. 102-671 for | ||||||
25 | effective date of P.A. 102-209); revised 12-1-21.)
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1 | Section 99. Effective date. This Act takes effect July 1, | ||||||
2 | 2022.".
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