093_HB0414eng

HB0414 Engrossed                     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 Section 3 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
 
HB0414 Engrossed            -2-      LRB093 02198 DRJ 02205 b
 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. From July 1, 2003 through June 30, 2004,
13    the term means a delay of 30%  or  more  below  the  mean  in
14    function  in  one  or  more of those areas. From July 1, 2004
15    through June 30, 2005, the term means a delay of 20% or  more
16    below  the mean in function in one or more of those areas. On
17    and after July 1, 2005, the term means a delay of 10% or more
18    below the mean in function in one or more of those areas.
19        (c)  "Physical  or  mental  condition   which   typically
20    results in developmental delay" means:
21             (1)  a   diagnosed   medical   disorder   bearing  a
22        relatively  well  known  expectancy   for   developmental
23        outcomes   within   varying   ranges   of   developmental
24        disabilities; or
25             (2)  a  history  of prenatal, perinatal, neonatal or
26        early  developmental  events  suggestive  of   biological
27        insults  to  the  developing  central  nervous system and
28        which  either  singly  or   collectively   increase   the
29        probability  of developing a disability or delay based on
30        a medical history.
31        (d)  "Informed clinical  judgment"  means  both  clinical
32    observations   and   parental   participation   to  determine
33    eligibility by a consensus of a multidisciplinary team  of  2
34    or  more  members  based on their professional experience and
 
HB0414 Engrossed            -3-      LRB093 02198 DRJ 02205 b
 1    expertise.
 2        (e)  "Early intervention services" means services which:
 3             (1)  are designed to meet the developmental needs of
 4        each child eligible under this Act and the needs  of  his
 5        or her family;
 6             (2)  are  selected in collaboration with the child's
 7        family;
 8             (3)  are provided under public supervision;
 9             (4)  are provided at no cost except where a schedule
10        of sliding scale fees or  other  system  of  payments  by
11        families  has  been  adopted in accordance with State and
12        federal law;
13             (5)  are designed to meet an infant's  or  toddler's
14        developmental needs in any of the following areas:
15                  (A)  physical development, including vision and
16             hearing,
17                  (B)  cognitive development,
18                  (C)  communication development,
19                  (D)  social or emotional development, or
20                  (E)  adaptive development;
21             (6)  meet  the standards of the State, including the
22        requirements of this Act;
23             (7)  include one or more of the following:
24                  (A)  family training,
25                  (B)  social    work     services,     including
26             counseling, and home visits,
27                  (C)  special instruction,
28                  (D)  speech, language pathology and audiology,
29                  (E)  occupational therapy,
30                  (F)  physical therapy,
31                  (G)  psychological services,
32                  (H)  service coordination services,
33                  (I)  medical  services  only  for diagnostic or
34             evaluation purposes,
 
HB0414 Engrossed            -4-      LRB093 02198 DRJ 02205 b
 1                  (J)  early   identification,   screening,   and
 2             assessment services,
 3                  (K)  health  services  specified  by  the  lead
 4             agency as necessary to enable the infant or  toddler
 5             to   benefit   from  the  other  early  intervention
 6             services,
 7                  (L)  vision services,
 8                  (M)  transportation, and
 9                  (N)  assistive technology devices and services;
10             (8)  are provided by qualified personnel,  including
11        but not limited to:
12                  (A)  child  development  specialists or special
13             educators,
14                  (B)  speech  and  language   pathologists   and
15             audiologists,
16                  (C)  occupational therapists,
17                  (D)  physical therapists,
18                  (E)  social workers,
19                  (F)  nurses,
20                  (G)  nutritionists,
21                  (H)  optometrists,
22                  (I)  psychologists, and
23                  (J)  physicians;
24             (9)  are    provided    in    conformity   with   an
25        Individualized Family Service Plan;
26             (10)  are provided throughout the year; and
27             (11)  are   provided   in   natural    environments,
28        including  the  home  and  community  settings  in  which
29        infants   and   toddlers   without   disabilities   would
30        participate    to    the   extent   determined   by   the
31        multidisciplinary Individualized Family Service Plan.
32        (f)  "Individualized Family Service Plan" or "Plan" means
33    a written plan for providing early intervention services to a
34    child eligible under this Act and the child's family, as  set
 
HB0414 Engrossed            -5-      LRB093 02198 DRJ 02205 b
 1    forth in Section 11.
 2        (g)  "Local  interagency  agreement"  means  an agreement
 3    entered into  by  local  community  and  State  and  regional
 4    agencies receiving early intervention funds directly from the
 5    State   and   made   in  accordance  with  State  interagency
 6    agreements providing for the delivery of  early  intervention
 7    services within a local community area.
 8        (h)  "Council"  means the Illinois Interagency Council on
 9    Early Intervention established under Section 4.
10        (i)  "Lead agency" means the State agency responsible for
11    administering this Act and receiving  and  disbursing  public
12    funds  received  in accordance with State and federal law and
13    rules.
14        (i-5)  "Central billing office" means the central billing
15    office created by the lead agency under Section 13.
16        (j)  "Child  find"  means  a  service  which   identifies
17    eligible infants and toddlers.
18        (k)  "Regional  intake  entity"  means  the lead agency's
19    designated entity responsible for implementation of the Early
20    Intervention Services System within its designated geographic
21    area.
22        (l)  "Early intervention provider"  means  an  individual
23    who  is  qualified, as defined by the lead agency, to provide
24    one or more types of early intervention services, and who has
25    enrolled as a provider in the early intervention program.
26        (m)  "Fully  credentialed  early  intervention  provider"
27    means an individual who has met the standards  in  the  State
28    applicable to the relevant profession, and has met such other
29    qualifications as the lead agency has determined are suitable
30    for   personnel   providing   early   intervention  services,
31    including pediatric  experience,  education,  and  continuing
32    education.    The   lead   agency   shall   establish   these
33    qualifications by rule filed no later than 180 days after the
34    effective  date  of  this  amendatory Act of the 92nd General
 
HB0414 Engrossed            -6-      LRB093 02198 DRJ 02205 b
 1    Assembly.
 2    (Source: P.A. 91-538, eff. 8-13-99; 92-307, eff. 8-9-01.)

 3        Section 99.  Effective date.  This Act takes effect  upon
 4    becoming law.