HB4999 EngrossedLRB102 23769 KTG 32960 b

1    AN ACT concerning children.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Early Intervention Services System Act is
5amended by changing Section 11 as follows:
6    (325 ILCS 20/11)  (from Ch. 23, par. 4161)
7    Sec. 11. Individualized Family Service Plans.
8    (a) Each eligible infant or toddler and that infant's or
9toddler's family shall receive:
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
16        (2) a written Individualized Family Service Plan
17    developed by a multidisciplinary team which includes the
18    parent or guardian. The individualized family service plan
19    shall be based on the multidisciplinary team's assessment
20    of the resources, priorities, and concerns of the family
21    and its identification of the supports and services
22    necessary to enhance the family's capacity to meet the
23    developmental needs of the infant or toddler, and shall



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1    include the identification of services appropriate to meet
2    those needs, including the frequency, intensity, and
3    method of delivering services. During and as part of the
4    initial development of the individualized family services
5    plan, and any periodic reviews of the plan, the
6    multidisciplinary team may seek consultation from the lead
7    agency's designated experts, if any, to help determine
8    appropriate services and the frequency and intensity of
9    those services. All services in the individualized family
10    services plan must be justified by the multidisciplinary
11    assessment of the unique strengths and needs of the infant
12    or toddler and must be appropriate to meet those needs. At
13    the periodic reviews, the team shall determine whether
14    modification or revision of the outcomes or services is
15    necessary.
16    (b) The Individualized Family Service Plan shall be
17evaluated once a year and the family shall be provided a review
18of the Plan at 6-month 6 month intervals or more often where
19appropriate based on infant or toddler and family needs. The
20lead agency shall create a quality review process regarding
21Individualized Family Service Plan development and changes
22thereto, to monitor and help ensure assure that resources are
23being used to provide appropriate early intervention services.
24    (c) The initial evaluation and initial assessment and
25initial Plan meeting must be held within 45 days after the
26initial contact with the early intervention services system.



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1The 45-day timeline does not apply for any period when the
2child or parent is unavailable to complete the initial
3evaluation, the initial assessments of the child and family,
4or the initial Plan meeting, due to exceptional family
5circumstances that are documented in the child's early
6intervention records, or when the parent has not provided
7consent for the initial evaluation or the initial assessment
8of the child despite documented, repeated attempts to obtain
9parental consent. As soon as exceptional family circumstances
10no longer exist or parental consent has been obtained, the
11initial evaluation, the initial assessment, and the initial
12Plan meeting must be completed as soon as possible. With
13parental consent, early intervention services may commence
14before the completion of the comprehensive assessment and
15development of the Plan. All early intervention services shall
16be initiated as soon as possible but not later than 30 calendar
17days after the consent of the parent or guardian has been
18obtained for the individualized family service plan. Services
19may be initiated later than 30 calendar days after the consent
20of the parent or guardian has been obtained if the
21multidisciplinary team determines that a later initiation date
22is necessary to meet the individual needs of the child and
23family, the child's parent or guardian provides informed
24written consent for the later initiation date, and the reasons
25for the later initiation date are documented by the
26multidisciplinary team. The parent or guardian must be



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1informed in writing, which may be done electronically if the
2parent or guardian prefers, that services shall be initiated
3no later than 30 calendar days after the individualized family
4service plan has been developed or on a later initiation date
5as determined by the multidisciplinary team with the informed
6consent of the parent or guardian. If services are not
7initiated within 30 calendar days after the consent of the
8parent or guardian has been obtained for the individualized
9family service plan or on a later initiation date as
10determined by the multidisciplinary team with the informed
11consent of the parent or guardian, the parent or guardian must
12be informed by the family's Child and Family Connections
13service coordinator in writing, which may be done
14electronically if the parent or guardian prefers, of the
15family's legal rights and alternative service options
16available to the family until an early intervention provider
17is identified, including, but not limited to, providers not
18currently early intervention credentialed or enrolled in the
19early intervention program.
20    (d) Parents must be informed that early intervention
21services shall be provided to each eligible infant and
22toddler, to the maximum extent appropriate, in the natural
23environment, which may include the home or other community
24settings. Parents must also be informed of the availability of
25early intervention services provided through telehealth
26services. Parents shall make the final decision to accept or



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1decline early intervention services, including whether
2accepted services are delivered in person or via telehealth
3services. A decision to decline such services shall not be a
4basis for administrative determination of parental fitness, or
5other findings or sanctions against the parents. Parameters of
6the Plan shall be set forth in rules.
7    (e) The regional intake offices shall explain to each
8family, orally and in writing, all of the following:
9        (1) That the early intervention program will pay for
10    all early intervention services set forth in the
11    individualized family service plan that are not covered or
12    paid under the family's public or private insurance plan
13    or policy and not eligible for payment through any other
14    third party payor.
15        (2) That services will not be delayed due to any rules
16    or restrictions under the family's insurance plan or
17    policy.
18        (3) That the family may request, with appropriate
19    documentation supporting the request, a determination of
20    an exemption from private insurance use under Section
21    13.25.
22        (4) That responsibility for co-payments or
23    co-insurance under a family's private insurance plan or
24    policy will be transferred to the lead agency's central
25    billing office.
26        (5) That families will be responsible for payments of



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1    family fees, which will be based on a sliding scale
2    according to the State's definition of ability to pay
3    which is comparing household size and income to the
4    sliding scale and considering out-of-pocket medical or
5    disaster expenses, and that these fees are payable to the
6    central billing office. Families who fail to provide
7    income information shall be charged the maximum amount on
8    the sliding scale.
9    (f) The individualized family service plan must state
10whether the family has private insurance coverage and, if the
11family has such coverage, must have attached to it a copy of
12the family's insurance identification card or otherwise
13include all of the following information:
14        (1) The name, address, and telephone number of the
15    insurance carrier.
16        (2) The contract number and policy number of the
17    insurance plan.
18        (3) The name, address, and social security number of
19    the primary insured.
20        (4) The beginning date of the insurance benefit year.
21    (g) A copy of the individualized family service plan must
22be provided to each enrolled provider who is providing early
23intervention services to the child who is the subject of that
25    (h) Children receiving services under this Act shall
26receive a smooth and effective transition by their third



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1birthday consistent with federal regulations adopted pursuant
2to Sections 1431 through 1444 of Title 20 of the United States
3Code. Beginning January 1, 2022, children who receive early
4intervention services prior to their third birthday and are
5found eligible for an individualized education program under
6the Individuals with Disabilities Education Act, 20 U.S.C.
71414(d)(1)(A), and under Section 14-8.02 of the School Code
8and whose birthday falls between May 1 and August 31 may
9continue to receive early intervention services until the
10beginning of the school year following their third birthday in
11order to minimize gaps in services, ensure better continuity
12of care, and align practices for the enrollment of preschool
13children with special needs to the enrollment practices of
14typically developing preschool children.
15(Source: P.A. 101-654, eff. 3-8-21; 102-104, eff. 7-22-21;
16102-209, eff. 11-30-21 (See Section 5 of P.A. 102-671 for
17effective date of P.A. 102-209); revised 12-1-21.)
18    Section 99. Effective date. This Act takes effect July 1,