Illinois General Assembly - Full Text of HB0414
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Full Text of HB0414  93rd General Assembly

HB0414enr 93rd General Assembly


HB0414 Enrolled                      LRB093 02198 DRJ 02205 b

 1        AN ACT in relation to children.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Early Intervention Services System Act is
 5    amended by changing Sections 3 and 13.50 as follows:

 6        (325 ILCS 20/3) (from Ch. 23, par. 4153)
 7        Sec. 3.  Definitions.  As used in this Act:
 8        (a)  "Eligible  infants  and  toddlers" means infants and
 9    toddlers under 36 months of age with  any  of  the  following
10    conditions:
11             (1)  Developmental   delays   as   defined   by  the
12        Department by rule.
13             (2)  A physical or mental condition which  typically
14        results in developmental delay.
15             (3)  Being    at    risk   of   having   substantial
16        developmental delays based on informed clinical judgment.
17             (4)  Either (A) having entered the program under any
18        of the circumstances listed in paragraphs (1) through (3)
19        of this subsection but  no  longer  meeting  the  current
20        eligibility   criteria   under   those   paragraphs,  and
21        continuing to have  any  measurable  delay,  or  (B)  not
22        having  attained  a  level  of  development in each area,
23        including (i) cognitive, (ii) physical (including  vision
24        and  hearing), (iii) language, speech, and communication,
25        (iv) psycho-social, or (v) self-help skills, that  is  at
26        least  at  the  mean of the child's age equivalent peers;
27        and, in addition to either item  (A)  or  item  (B),  (C)
28        having   been   determined   by   the   multidisciplinary
29        individualized  family  service  plan team to require the
30        continuation of early intervention services in  order  to
31        support  continuing  developmental  progress, pursuant to
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 1        the  child's  needs  and  provided  in   an   appropriate
 2        developmental manner.  The type, frequency, and intensity
 3        of  services shall differ from the initial individualized
 4        family services plan because of the child's developmental
 5        progress, and may consist of only  service  coordination,
 6        evaluation, and assessments.
 7        (b)  "Developmental  delay"  means a delay in one or more
 8    of the following areas of childhood development  as  measured
 9    by    appropriate   diagnostic   instruments   and   standard
10    procedures:  cognitive;  physical,   including   vision   and
11    hearing;  language,  speech and communication; psycho-social;
12    or self-help skills.  The term means a delay of 30%  or  more
13    below the mean in function in one or more of those areas.
14        (c)  "Physical   or   mental  condition  which  typically
15    results in developmental delay" means:
16             (1)  a  diagnosed   medical   disorder   bearing   a
17        relatively   well   known  expectancy  for  developmental
18        outcomes   within   varying   ranges   of   developmental
19        disabilities; or
20             (2)  a history of prenatal, perinatal,  neonatal  or
21        early   developmental  events  suggestive  of  biological
22        insults to the  developing  central  nervous  system  and
23        which   either   singly   or  collectively  increase  the
24        probability of developing a disability or delay based  on
25        a medical history.
26        (d)  "Informed  clinical  judgment"  means  both clinical
27    observations  and   parental   participation   to   determine
28    eligibility  by  a consensus of a multidisciplinary team of 2
29    or more members based on their  professional  experience  and
30    expertise.
31        (e)  "Early intervention services" means services which:
32             (1)  are designed to meet the developmental needs of
33        each  child  eligible under this Act and the needs of his
34        or her family;
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 1             (2)  are selected in collaboration with the  child's
 2        family;
 3             (3)  are provided under public supervision;
 4             (4)  are provided at no cost except where a schedule
 5        of  sliding  scale  fees  or  other system of payments by
 6        families has been adopted in accordance  with  State  and
 7        federal law;
 8             (5)  are  designed  to meet an infant's or toddler's
 9        developmental needs in any of the following areas:
10                  (A)  physical development, including vision and
11             hearing,
12                  (B)  cognitive development,
13                  (C)  communication development,
14                  (D)  social or emotional development, or
15                  (E)  adaptive development;
16             (6)  meet the standards of the State, including  the
17        requirements of this Act;
18             (7)  include one or more of the following:
19                  (A)  family training,
20                  (B)  social     work     services,    including
21             counseling, and home visits,
22                  (C)  special instruction,
23                  (D)  speech, language pathology and audiology,
24                  (E)  occupational therapy,
25                  (F)  physical therapy,
26                  (G)  psychological services,
27                  (H)  service coordination services,
28                  (I)  medical services only  for  diagnostic  or
29             evaluation purposes,
30                  (J)  early   identification,   screening,   and
31             assessment services,
32                  (K)  health  services  specified  by  the  lead
33             agency  as necessary to enable the infant or toddler
34             to  benefit  from  the  other   early   intervention
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 1             services,
 2                  (L)  vision services,
 3                  (M)  transportation, and
 4                  (N)  assistive technology devices and services;
 5             (8)  are  provided by qualified personnel, including
 6        but not limited to:
 7                  (A)  child development specialists  or  special
 8             educators,
 9                  (B)  speech   and   language  pathologists  and
10             audiologists,
11                  (C)  occupational therapists,
12                  (D)  physical therapists,
13                  (E)  social workers,
14                  (F)  nurses,
15                  (G)  nutritionists,
16                  (H)  optometrists,
17                  (I)  psychologists, and
18                  (J)  physicians;
19             (9)  are   provided   in    conformity    with    an
20        Individualized Family Service Plan;
21             (10)  are provided throughout the year; and
22             (11)  are    provided   in   natural   environments,
23        including  the  home  and  community  settings  in  which
24        infants   and   toddlers   without   disabilities   would
25        participate   to   the   extent   determined    by    the
26        multidisciplinary Individualized Family Service Plan.
27        (f)  "Individualized Family Service Plan" or "Plan" means
28    a written plan for providing early intervention services to a
29    child  eligible under this Act and the child's family, as set
30    forth in Section 11.
31        (g)  "Local interagency  agreement"  means  an  agreement
32    entered  into  by  local  community  and  State  and regional
33    agencies receiving early intervention funds directly from the
34    State  and  made  in  accordance   with   State   interagency

HB0414 Enrolled            -5-       LRB093 02198 DRJ 02205 b
 1    agreements  providing  for the delivery of early intervention
 2    services within a local community area.
 3        (h)  "Council" means the Illinois Interagency Council  on
 4    Early Intervention established under Section 4.
 5        (i)  "Lead agency" means the State agency responsible for
 6    administering  this  Act  and receiving and disbursing public
 7    funds received in accordance with State and federal  law  and
 8    rules.
 9        (i-5)  "Central billing office" means the central billing
10    office created by the lead agency under Section 13.
11        (j)  "Child   find"  means  a  service  which  identifies
12    eligible infants and toddlers.
13        (k)  "Regional intake entity"  means  the  lead  agency's
14    designated entity responsible for implementation of the Early
15    Intervention Services System within its designated geographic
16    area.
17        (l)  "Early  intervention  provider"  means an individual
18    who is qualified, as defined by the lead agency,  to  provide
19    one or more types of early intervention services, and who has
20    enrolled as a provider in the early intervention program.
21        (m)  "Fully  credentialed  early  intervention  provider"
22    means  an  individual  who has met the standards in the State
23    applicable to the relevant profession, and has met such other
24    qualifications as the lead agency has determined are suitable
25    for  personnel   providing   early   intervention   services,
26    including  pediatric  experience,  education,  and continuing
27    education.    The   lead   agency   shall   establish   these
28    qualifications by rule filed no later than 180 days after the
29    effective date of this amendatory Act  of  the  92nd  General
30    Assembly.
31    (Source: P.A. 91-538, eff. 8-13-99; 92-307, eff. 8-9-01.)

32        (325 ILCS 20/13.50)
33        Sec.   13.50.  Early  Intervention  Legislative  Advisory
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 1    Committee. No later than 60 days after the effective date  of
 2    this  amendatory Act of 92nd General Assembly, there shall be
 3    convened  the   Early   Intervention   Legislative   Advisory
 4    Committee.  The  majority and minority leaders of the General
 5    Assembly shall each appoint 2 members to the  Committee.  The
 6    Committee's  term  is  for  a  period  of  4 2 years, and the
 7    Committee shall publicly convene no less  than  4  times  per
 8    year. The Committee's responsibilities shall include, but not
 9    be   limited  to,  providing  guidance  to  the  lead  agency
10    regarding   programmatic   and    fiscal    management    and
11    accountability,   provider  development  and  accountability,
12    contracting, and program outcome measures.  During  the  life
13    of  the Committee, on a quarterly basis, or more often as the
14    Committee may request, the lead agency shall provide  to  the
15    Committee, and simultaneously to the public, through postings
16    on  the  lead  agency's early intervention website, quarterly
17    reports containing monthly data and other early  intervention
18    program  information  that  the Committee requests. The first
19    data report must be supplied  no  later  than  September  21,
20    2001, and must include the previous 2 quarters of data.
21    (Source: P.A. 92-307, eff. 8-9-01.)

22        Section  99.  Effective date.  This Act takes effect upon
23    becoming law.