HB4999 EnrolledLRB102 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, in
19accordance with rules adopted by the Department of Human
21    (d) Parents must be informed that early intervention
22services shall be provided to each eligible infant and
23toddler, to the maximum extent appropriate, in the natural
24environment, which may include the home or other community
25settings. Parents must also be informed of the availability of
26early intervention services provided through telehealth



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



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1        (5) That families will be responsible for payments of
2    family fees, which will be based on a sliding scale
3    according to the State's definition of ability to pay
4    which is comparing household size and income to the
5    sliding scale and considering out-of-pocket medical or
6    disaster expenses, and that these fees are payable to the
7    central billing office. Families who fail to provide
8    income information shall be charged the maximum amount on
9    the sliding scale.
10    (f) The individualized family service plan must state
11whether the family has private insurance coverage and, if the
12family has such coverage, must have attached to it a copy of
13the family's insurance identification card or otherwise
14include all of the following information:
15        (1) The name, address, and telephone number of the
16    insurance carrier.
17        (2) The contract number and policy number of the
18    insurance plan.
19        (3) The name, address, and social security number of
20    the primary insured.
21        (4) The beginning date of the insurance benefit year.
22    (g) A copy of the individualized family service plan must
23be provided to each enrolled provider who is providing early
24intervention services to the child who is the subject of that
26    (h) Children receiving services under this Act shall



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1receive a smooth and effective transition by their third
2birthday consistent with federal regulations adopted pursuant
3to Sections 1431 through 1444 of Title 20 of the United States
4Code. Beginning January 1, 2022, children who receive early
5intervention services prior to their third birthday and are
6found eligible for an individualized education program under
7the Individuals with Disabilities Education Act, 20 U.S.C.
81414(d)(1)(A), and under Section 14-8.02 of the School Code
9and whose birthday falls between May 1 and August 31 may
10continue to receive early intervention services until the
11beginning of the school year following their third birthday in
12order to minimize gaps in services, ensure better continuity
13of care, and align practices for the enrollment of preschool
14children with special needs to the enrollment practices of
15typically developing preschool children.
16(Source: P.A. 101-654, eff. 3-8-21; 102-104, eff. 7-22-21;
17102-209, eff. 11-30-21 (See Section 5 of P.A. 102-671 for
18effective date of P.A. 102-209); revised 12-1-21.)
19    Section 99. Effective date. This Act takes effect July 1,