093_HB0414

 
                                     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 5 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 of 30% or more
 8    below the mean in function in one or more  of  the  following
 9    areas  of  childhood  development  as measured by appropriate
10    diagnostic instruments and  standard  procedures:  cognitive;
11    physical,  including vision and hearing; language, speech and
12    communication; psycho-social; or self-help skills.
13        (c)  "Physical  or  mental  condition   which   typically
14    results in developmental delay" means:
15             (1)  a   diagnosed   medical   disorder   bearing  a
16        relatively  well  known  expectancy   for   developmental
17        outcomes   within   varying   ranges   of   developmental
18        disabilities; or
19             (2)  a  history  of prenatal, perinatal, neonatal or
20        early  developmental  events  suggestive  of   biological
21        insults  to  the  developing  central  nervous system and
22        which  either  singly  or   collectively   increase   the
23        probability  of developing a disability or delay based on
24        a medical history.
25        (d)  "Informed clinical  judgment"  means  both  clinical
26    observations   and   parental   participation   to  determine
27    eligibility by a consensus of a multidisciplinary team  of  2
28    or  more  members  based on their professional experience and
29    expertise.
30        (e)  "Early intervention services" means services which:
31             (1)  are designed to meet the developmental needs of
32        each child eligible under this Act and the needs  of  his
33        or her family;
34             (2)  are  selected in collaboration with the child's
 
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 1        family;
 2             (3)  are provided under public supervision;
 3             (4)  are provided at no cost except where a schedule
 4        of sliding scale fees or  other  system  of  payments  by
 5        families  has  been  adopted in accordance with State and
 6        federal law;
 7             (5)  are designed to meet an infant's  or  toddler's
 8        developmental needs in any of the following areas:
 9                  (A)  physical development, including vision and
10             hearing,
11                  (B)  cognitive development,
12                  (C)  communication development,
13                  (D)  social or emotional development, or
14                  (E)  adaptive development;
15             (6)  meet  the standards of the State, including the
16        requirements of this Act;
17             (7)  include one or more of the following:
18                  (A)  family training,
19                  (B)  social    work     services,     including
20             counseling, and home visits,
21                  (C)  special instruction,
22                  (D)  speech, language pathology and audiology,
23                  (E)  occupational therapy,
24                  (F)  physical therapy,
25                  (G)  psychological services,
26                  (H)  service coordination services,
27                  (I)  medical  services  only  for diagnostic or
28             evaluation purposes,
29                  (J)  early   identification,   screening,   and
30             assessment services,
31                  (K)  health  services  specified  by  the  lead
32             agency as necessary to enable the infant or  toddler
33             to   benefit   from  the  other  early  intervention
34             services,
 
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 1                  (L)  vision services,
 2                  (M)  transportation, and
 3                  (N)  assistive technology devices and services;
 4             (8)  are provided by qualified personnel,  including
 5        but not limited to:
 6                  (A)  child  development  specialists or special
 7             educators,
 8                  (B)  speech  and  language   pathologists   and
 9             audiologists,
10                  (C)  occupational therapists,
11                  (D)  physical therapists,
12                  (E)  social workers,
13                  (F)  nurses,
14                  (G)  nutritionists,
15                  (H)  optometrists,
16                  (I)  psychologists, and
17                  (J)  physicians;
18             (9)  are    provided    in    conformity   with   an
19        Individualized Family Service Plan;
20             (10)  are provided throughout the year; and
21             (11)  are   provided   in   natural    environments,
22        including  the  home  and  community  settings  in  which
23        infants   and   toddlers   without   disabilities   would
24        participate    to    the   extent   determined   by   the
25        multidisciplinary Individualized Family Service Plan.
26        (f)  "Individualized Family Service Plan" or "Plan" means
27    a written plan for providing early intervention services to a
28    child eligible under this Act and the child's family, as  set
29    forth in Section 11.
30        (g)  "Local  interagency  agreement"  means  an agreement
31    entered into  by  local  community  and  State  and  regional
32    agencies receiving early intervention funds directly from the
33    State   and   made   in  accordance  with  State  interagency
34    agreements providing for the delivery of  early  intervention
 
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 1    services within a local community area.
 2        (h)  "Council"  means the Illinois Interagency Council on
 3    Early Intervention established under Section 4.
 4        (i)  "Lead agency" means the State agency responsible for
 5    administering this Act and receiving  and  disbursing  public
 6    funds  received  in accordance with State and federal law and
 7    rules.
 8        (i-5)  "Central billing office" means the central billing
 9    office created by the lead agency under Section 13.
10        (j)  "Child  find"  means  a  service  which   identifies
11    eligible infants and toddlers.
12        (k)  "Regional  intake  entity"  means  the lead agency's
13    designated entity responsible for implementation of the Early
14    Intervention Services System within its designated geographic
15    area.
16        (l)  "Early intervention provider"  means  an  individual
17    who  is  qualified, as defined by the lead agency, to provide
18    one or more types of early intervention services, and who has
19    enrolled as a provider in the early intervention program.
20        (m)  "Fully  credentialed  early  intervention  provider"
21    means an individual who has met the standards  in  the  State
22    applicable to the relevant profession, and has met such other
23    qualifications as the lead agency has determined are suitable
24    for   personnel   providing   early   intervention  services,
25    including pediatric  experience,  education,  and  continuing
26    education.    The   lead   agency   shall   establish   these
27    qualifications by rule filed no later than 180 days after the
28    effective  date  of  this  amendatory Act of the 92nd General
29    Assembly.
30    (Source: P.A. 91-538, eff. 8-13-99; 92-307, eff. 8-9-01.)

31        (325 ILCS 20/5) (from Ch. 23, par. 4155)
32        Sec. 5.  Lead Agency.  The Department of  Human  Services
33    is designated the lead agency and shall provide leadership in
 
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 1    establishing and implementing the coordinated, comprehensive,
 2    interagency    and    interdisciplinary   system   of   early
 3    intervention services.  The lead agency shall  not  have  the
 4    sole  responsibility  for  providing  these  services.   Each
 5    participating State agency shall continue to coordinate those
 6    early   intervention  services  relating  to  health,  social
 7    service and education provided under this authority.
 8        The lead agency  is  responsible  for  carrying  out  the
 9    following:
10             (a)  The  general  administration,  supervision, and
11        monitoring   of   programs   and   activities   receiving
12        assistance under Section  673  of  the  Individuals  with
13        Disabilities Education Act (20 United States Code 1473).
14             (b)  The  identification  and  coordination  of  all
15        available resources within the State from federal, State,
16        local and private sources.
17             (c)  The  development  of  procedures to ensure that
18        services are provided to eligible  infants  and  toddlers
19        and  their  families  in  a  timely  manner  pending  the
20        resolution  of  any  disputes  among  public  agencies or
21        service providers.
22             (d)  The resolution of intra-agency and  interagency
23        regulatory and procedural disputes.
24             (e)  The  development  and  implementation of formal
25        interagency  agreements,  and   the   entry   into   such
26        agreements,   between   the   lead  agency  and  (i)  the
27        Department of Public Aid, (ii) the University of Illinois
28        Division of Specialized  Care  for  Children,  and  (iii)
29        other relevant State agencies that:
30                  (1)  define  the  financial  responsibility  of
31             each   agency  for  paying  for  early  intervention
32             services (consistent with existing State and federal
33             law and rules, including the requirement that  early
34             intervention  funds  be  used  as  the payor of last
 
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 1             resort), a hierarchical order of  payment  as  among
 2             the  agencies  for  early intervention services that
 3             are covered under or may  be  paid  by  programs  in
 4             other  agencies,  and procedures for direct billing,
 5             collecting reimbursements  for  payments  made,  and
 6             resolving service and payment disputes; and
 7                  (1.5)  ensure   that   all  early  intervention
 8             services  are  considered  to  be  covered   medical
 9             services  for  purposes of subsection (f) of Section
10             5-19 of the Illinois Public Aid Code, to the maximum
11             extent allowed  by  federal  law,  and  ensure  that
12             proper payment is made for all such services; and
13                  (2)  otherwise     include    all    additional
14             components   necessary    to    ensure    meaningful
15             cooperation and coordination.
16             Interagency agreements under this paragraph (e) must
17        be reviewed and revised to implement the purposes of this
18        amendatory Act of the 92nd General Assembly no later than
19        60  days  after the effective date of this amendatory Act
20        of the 92nd General Assembly.
21             (f)  The  maintenance  of  an   early   intervention
22        website.     Within  30  days after the effective date of
23        this amendatory Act of the  92nd  General  Assembly,  the
24        lead  agency  shall  post and keep posted on this website
25        the following: (i) the  current  annual  report  required
26        under  subdivision  (b)(5)  of Section 4 of this Act, and
27        the  annual reports of the prior 3 years, (ii)  the  most
28        recent  Illinois  application  for  funds  prepared under
29        Section  637  of  the   Individuals   with   Disabilities
30        Education  Act filed with the United States Department of
31        Education,   (iii)   proposed   modifications   of    the
32        application  prepared  for public comment, (iv) notice of
33        Council meetings, Council agendas,  and  minutes  of  its
34        proceedings  for at least the previous year, (v) proposed
 
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 1        and final early intervention  rules,  (vi)  requests  for
 2        proposals,    and   (vii)   all   reports   created   for
 3        dissemination to the public that are related to the early
 4        intervention program, including reports prepared  at  the
 5        request  of  the  Council,  the General Assembly, and the
 6        Legislative Advisory Committee established under  Section
 7        13.50 of this Act.  Each such document shall be posted on
 8        the  website  within  3 working days after the document's
 9        completion.
10    (Source: P.A. 92-307, eff. 8-9-01.)

11        Section 99.  Effective date.  This Act takes effect  upon
12    becoming law.