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

HB0414ham001 93rd General Assembly



                                     LRB093 02198 DRJ 12397 a

 1                     AMENDMENT TO HOUSE BILL 414

 2        AMENDMENT NO.     .  Amend House Bill  414  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Early Intervention Services System Act
 5    is 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,
                            -2-      LRB093 02198 DRJ 12397 a
 1        including  (i) cognitive, (ii) physical (including vision
 2        and hearing), (iii) language, speech, and  communication,
 3        (iv)  psycho-social,  or (v) self-help skills, that is at
 4        least at the mean of the child's  age  equivalent  peers;
 5        and,  in  addition  to  either  item (A) or item (B), (C)
 6        having   been   determined   by   the   multidisciplinary
 7        individualized family service plan team  to  require  the
 8        continuation  of  early intervention services in order to
 9        support continuing developmental  progress,  pursuant  to
10        the   child's   needs  and  provided  in  an  appropriate
11        developmental manner.  The type, frequency, and intensity
12        of services shall differ from the initial  individualized
13        family services plan because of the child's developmental
14        progress,  and  may consist of only service coordination,
15        evaluation, and assessments.
16        (b)  "Developmental delay" means a delay in one  or  more
17    of  the  following areas of childhood development as measured
18    by   appropriate   diagnostic   instruments   and    standard
19    procedures:   cognitive;   physical,   including  vision  and
20    hearing; language, speech and  communication;  psycho-social;
21    or self-help skills. From July 1, 2003 through June 30, 2004,
22    the  term  means  a  delay  of  30% or more below the mean in
23    function in one or more of those areas.  From  July  1,  2004
24    through  June 30, 2005, the term means a delay of 20% or more
25    below the mean in function in one or more of those areas.  On
26    and after July 1, 2005, the term means a delay of 10% or more
27    below the mean in function in one or more of those areas.
28        (c)  "Physical   or   mental  condition  which  typically
29    results in developmental delay" means:
30             (1)  a  diagnosed   medical   disorder   bearing   a
31        relatively   well   known  expectancy  for  developmental
32        outcomes   within   varying   ranges   of   developmental
33        disabilities; or
34             (2)  a history of prenatal, perinatal,  neonatal  or
                            -3-      LRB093 02198 DRJ 12397 a
 1        early   developmental  events  suggestive  of  biological
 2        insults to the  developing  central  nervous  system  and
 3        which   either   singly   or  collectively  increase  the
 4        probability of developing a disability or delay based  on
 5        a medical history.
 6        (d)  "Informed  clinical  judgment"  means  both clinical
 7    observations  and   parental   participation   to   determine
 8    eligibility  by  a consensus of a multidisciplinary team of 2
 9    or more members based on their  professional  experience  and
10    expertise.
11        (e)  "Early intervention services" means services which:
12             (1)  are designed to meet the developmental needs of
13        each  child  eligible under this Act and the needs of his
14        or her family;
15             (2)  are selected in collaboration with the  child's
16        family;
17             (3)  are provided under public supervision;
18             (4)  are provided at no cost except where a schedule
19        of  sliding  scale  fees  or  other system of payments by
20        families has been adopted in accordance  with  State  and
21        federal law;
22             (5)  are  designed  to meet an infant's or toddler's
23        developmental needs in any of the following areas:
24                  (A)  physical development, including vision and
25             hearing,
26                  (B)  cognitive development,
27                  (C)  communication development,
28                  (D)  social or emotional development, or
29                  (E)  adaptive development;
30             (6)  meet the standards of the State, including  the
31        requirements of this Act;
32             (7)  include one or more of the following:
33                  (A)  family training,
34                  (B)  social     work     services,    including
                            -4-      LRB093 02198 DRJ 12397 a
 1             counseling, and home visits,
 2                  (C)  special instruction,
 3                  (D)  speech, language pathology and audiology,
 4                  (E)  occupational therapy,
 5                  (F)  physical therapy,
 6                  (G)  psychological services,
 7                  (H)  service coordination services,
 8                  (I)  medical services only  for  diagnostic  or
 9             evaluation purposes,
10                  (J)  early   identification,   screening,   and
11             assessment services,
12                  (K)  health  services  specified  by  the  lead
13             agency  as necessary to enable the infant or toddler
14             to  benefit  from  the  other   early   intervention
15             services,
16                  (L)  vision services,
17                  (M)  transportation, and
18                  (N)  assistive technology devices and services;
19             (8)  are  provided by qualified personnel, including
20        but not limited to:
21                  (A)  child development specialists  or  special
22             educators,
23                  (B)  speech   and   language  pathologists  and
24             audiologists,
25                  (C)  occupational therapists,
26                  (D)  physical therapists,
27                  (E)  social workers,
28                  (F)  nurses,
29                  (G)  nutritionists,
30                  (H)  optometrists,
31                  (I)  psychologists, and
32                  (J)  physicians;
33             (9)  are   provided   in    conformity    with    an
34        Individualized Family Service Plan;
                            -5-      LRB093 02198 DRJ 12397 a
 1             (10)  are provided throughout the year; and
 2             (11)  are    provided   in   natural   environments,
 3        including  the  home  and  community  settings  in  which
 4        infants   and   toddlers   without   disabilities   would
 5        participate   to   the   extent   determined    by    the
 6        multidisciplinary Individualized Family Service Plan.
 7        (f)  "Individualized Family Service Plan" or "Plan" means
 8    a written plan for providing early intervention services to a
 9    child  eligible under this Act and the child's family, as set
10    forth in Section 11.
11        (g)  "Local interagency  agreement"  means  an  agreement
12    entered  into  by  local  community  and  State  and regional
13    agencies receiving early intervention funds directly from the
14    State  and  made  in  accordance   with   State   interagency
15    agreements  providing  for the delivery of early intervention
16    services within a local community area.
17        (h)  "Council" means the Illinois Interagency Council  on
18    Early Intervention established under Section 4.
19        (i)  "Lead agency" means the State agency responsible for
20    administering  this  Act  and receiving and disbursing public
21    funds received in accordance with State and federal  law  and
22    rules.
23        (i-5)  "Central billing office" means the central billing
24    office created by the lead agency under Section 13.
25        (j)  "Child   find"  means  a  service  which  identifies
26    eligible infants and toddlers.
27        (k)  "Regional intake entity"  means  the  lead  agency's
28    designated entity responsible for implementation of the Early
29    Intervention Services System within its designated geographic
30    area.
31        (l)  "Early  intervention  provider"  means an individual
32    who is qualified, as defined by the lead agency,  to  provide
33    one or more types of early intervention services, and who has
34    enrolled as a provider in the early intervention program.
                            -6-      LRB093 02198 DRJ 12397 a
 1        (m)  "Fully  credentialed  early  intervention  provider"
 2    means  an  individual  who has met the standards in the State
 3    applicable to the relevant profession, and has met such other
 4    qualifications as the lead agency has determined are suitable
 5    for  personnel   providing   early   intervention   services,
 6    including  pediatric  experience,  education,  and continuing
 7    education.    The   lead   agency   shall   establish   these
 8    qualifications by rule filed no later than 180 days after the
 9    effective date of this amendatory Act  of  the  92nd  General
10    Assembly.
11    (Source: P.A. 91-538, eff. 8-13-99; 92-307, eff. 8-9-01.)

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