Sen. Celina Villanueva

Filed: 3/18/2022





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2    AMENDMENT NO. ______. Amend House Bill 4999 by replacing
3everything after the enacting clause with the following:
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



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1    developed by a multidisciplinary team which includes the
2    parent or guardian. The individualized family service plan
3    shall be based on the multidisciplinary team's assessment
4    of the resources, priorities, and concerns of the family
5    and its identification of the supports and services
6    necessary to enhance the family's capacity to meet the
7    developmental needs of the infant or toddler, and shall
8    include the identification of services appropriate to meet
9    those needs, including the frequency, intensity, and
10    method of delivering services. During and as part of the
11    initial development of the individualized family services
12    plan, and any periodic reviews of the plan, the
13    multidisciplinary team may seek consultation from the lead
14    agency's designated experts, if any, to help determine
15    appropriate services and the frequency and intensity of
16    those services. All services in the individualized family
17    services plan must be justified by the multidisciplinary
18    assessment of the unique strengths and needs of the infant
19    or toddler and must be appropriate to meet those needs. At
20    the periodic reviews, the team shall determine whether
21    modification or revision of the outcomes or services is
22    necessary.
23    (b) The Individualized Family Service Plan shall be
24evaluated once a year and the family shall be provided a review
25of the Plan at 6-month 6 month intervals or more often where
26appropriate based on infant or toddler and family needs. The



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1lead agency shall create a quality review process regarding
2Individualized Family Service Plan development and changes
3thereto, to monitor and help ensure assure that resources are
4being used to provide appropriate early intervention services.
5    (c) The initial evaluation and initial assessment and
6initial Plan meeting must be held within 45 days after the
7initial contact with the early intervention services system.
8The 45-day timeline does not apply for any period when the
9child or parent is unavailable to complete the initial
10evaluation, the initial assessments of the child and family,
11or the initial Plan meeting, due to exceptional family
12circumstances that are documented in the child's early
13intervention records, or when the parent has not provided
14consent for the initial evaluation or the initial assessment
15of the child despite documented, repeated attempts to obtain
16parental consent. As soon as exceptional family circumstances
17no longer exist or parental consent has been obtained, the
18initial evaluation, the initial assessment, and the initial
19Plan meeting must be completed as soon as possible. With
20parental consent, early intervention services may commence
21before the completion of the comprehensive assessment and
22development of the Plan. All early intervention services shall
23be initiated as soon as possible but not later than 30 calendar
24days after the consent of the parent or guardian has been
25obtained for the individualized family service plan, in
26accordance with rules adopted by the Department of Human



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2    (d) Parents must be informed that early intervention
3services shall be provided to each eligible infant and
4toddler, to the maximum extent appropriate, in the natural
5environment, which may include the home or other community
6settings. Parents must also be informed of the availability of
7early intervention services provided through telehealth
8services. Parents shall make the final decision to accept or
9decline early intervention services, including whether
10accepted services are delivered in person or via telehealth
11services. A decision to decline such services shall not be a
12basis for administrative determination of parental fitness, or
13other findings or sanctions against the parents. Parameters of
14the Plan shall be set forth in rules.
15    (e) The regional intake offices shall explain to each
16family, orally and in writing, all of the following:
17        (1) That the early intervention program will pay for
18    all early intervention services set forth in the
19    individualized family service plan that are not covered or
20    paid under the family's public or private insurance plan
21    or policy and not eligible for payment through any other
22    third party payor.
23        (2) That services will not be delayed due to any rules
24    or restrictions under the family's insurance plan or
25    policy.
26        (3) That the family may request, with appropriate



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1    documentation supporting the request, a determination of
2    an exemption from private insurance use under Section
3    13.25.
4        (4) That responsibility for co-payments or
5    co-insurance under a family's private insurance plan or
6    policy will be transferred to the lead agency's central
7    billing office.
8        (5) That families will be responsible for payments of
9    family fees, which will be based on a sliding scale
10    according to the State's definition of ability to pay
11    which is comparing household size and income to the
12    sliding scale and considering out-of-pocket medical or
13    disaster expenses, and that these fees are payable to the
14    central billing office. Families who fail to provide
15    income information shall be charged the maximum amount on
16    the sliding scale.
17    (f) The individualized family service plan must state
18whether the family has private insurance coverage and, if the
19family has such coverage, must have attached to it a copy of
20the family's insurance identification card or otherwise
21include all of the following information:
22        (1) The name, address, and telephone number of the
23    insurance carrier.
24        (2) The contract number and policy number of the
25    insurance plan.
26        (3) The name, address, and social security number of



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1    the primary insured.
2        (4) The beginning date of the insurance benefit year.
3    (g) A copy of the individualized family service plan must
4be provided to each enrolled provider who is providing early
5intervention services to the child who is the subject of that
7    (h) Children receiving services under this Act shall
8receive a smooth and effective transition by their third
9birthday consistent with federal regulations adopted pursuant
10to Sections 1431 through 1444 of Title 20 of the United States
11Code. Beginning January 1, 2022, children who receive early
12intervention services prior to their third birthday and are
13found eligible for an individualized education program under
14the Individuals with Disabilities Education Act, 20 U.S.C.
151414(d)(1)(A), and under Section 14-8.02 of the School Code
16and whose birthday falls between May 1 and August 31 may
17continue to receive early intervention services until the
18beginning of the school year following their third birthday in
19order to minimize gaps in services, ensure better continuity
20of care, and align practices for the enrollment of preschool
21children with special needs to the enrollment practices of
22typically developing preschool children.
23(Source: P.A. 101-654, eff. 3-8-21; 102-104, eff. 7-22-21;
24102-209, eff. 11-30-21 (See Section 5 of P.A. 102-671 for
25effective date of P.A. 102-209); revised 12-1-21.)



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1    Section 99. Effective date. This Act takes effect July 1,