Full Text of HB0119 95th General Assembly
HB0119eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Early Intervention Services System Act is | 5 |
| amended by changing Sections 3 and 10 as follows:
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| (325 ILCS 20/3) (from Ch. 23, par. 4153)
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| Sec. 3. Definitions. As used in this Act:
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| (a) "Eligible infants and toddlers" means infants and | 9 |
| toddlers
under 36 months of age with any of the following | 10 |
| conditions:
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| (1) Developmental delays.
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| (2) A physical or mental condition which typically | 13 |
| results in
developmental delay.
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| (3) Being at risk of having substantial developmental | 15 |
| delays
based on informed clinical judgment.
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| (4) Either (A) having entered the program under any of
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| the circumstances listed in paragraphs (1) through (3) of | 18 |
| this
subsection
but no
longer meeting
the current | 19 |
| eligibility criteria under those paragraphs,
and | 20 |
| continuing to have any measurable delay, or (B) not
having | 21 |
| attained a level of development in each area,
including
(i) | 22 |
| cognitive, (ii) physical (including vision and hearing), | 23 |
| (iii)
language,
speech, and communication, (iv) |
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| psycho-social, or (v) self-help
skills, that
is at least at | 2 |
| the mean of the child's age equivalent peers;
and,
in | 3 |
| addition to either item (A) or item (B), (C)
having
been | 4 |
| determined by the multidisciplinary individualized
family | 5 |
| service plan
team to require the continuation of early | 6 |
| intervention services in order to
support
continuing
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| developmental progress, pursuant to the child's needs and | 8 |
| provided in an
appropriate
developmental manner. The type, | 9 |
| frequency, and intensity of services shall
differ from
the | 10 |
| initial individualized family services plan because of the | 11 |
| child's
developmental
progress, and may consist of only | 12 |
| service coordination, evaluation, and
assessments.
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| (b) "Developmental delay" means a delay in one or more of | 14 |
| the following
areas of childhood development as measured by | 15 |
| appropriate diagnostic
instruments and standard procedures: | 16 |
| cognitive; physical, including vision
and hearing; language, | 17 |
| speech and communication; psycho-social;
or self-help skills. | 18 |
| The term means a delay of 30% or more below the mean in
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| function in one or more of those areas.
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| (c) "Physical or mental condition which typically results | 21 |
| in developmental
delay" means:
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| (1) a diagnosed medical disorder bearing a relatively | 23 |
| well known
expectancy for developmental outcomes within | 24 |
| varying ranges of developmental
disabilities; or
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| (2) a history of prenatal, perinatal, neonatal or early | 26 |
| developmental
events suggestive of biological insults to |
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| the developing central nervous
system and which either | 2 |
| singly or collectively increase the probability of
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| developing a disability or delay based on a medical | 4 |
| history.
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| (d) "Informed clinical judgment" means both clinical | 6 |
| observations and
parental participation to determine | 7 |
| eligibility by a consensus of a
multidisciplinary team of 2 or | 8 |
| more members based on their professional
experience and | 9 |
| expertise.
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| (e) "Early intervention services" means services which:
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| (1) are designed to meet the developmental needs of | 12 |
| each child
eligible under this Act and the needs of his or | 13 |
| her family;
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| (2) are selected in collaboration with the child's | 15 |
| family;
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| (3) are provided under public supervision;
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| (4) are provided at no cost except where a schedule of | 18 |
| sliding scale
fees or other system of payments by families | 19 |
| has been adopted in accordance
with State and federal law;
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| (5) are designed to meet an infant's or toddler's | 21 |
| developmental needs in
any of the following areas:
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| (A) physical development, including vision and | 23 |
| hearing,
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| (B) cognitive development,
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| (C) communication development,
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| (D) social or emotional development, or
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| (E) adaptive development;
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| (6) meet the standards of the State, including the | 3 |
| requirements of this Act;
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| (7) include one or more of the following:
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| (A) family training,
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| (B) social work services, including counseling, | 7 |
| and home visits,
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| (C) special instruction,
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| (D) speech, language pathology and audiology,
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| (E) occupational therapy,
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| (F) physical therapy,
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| (G) psychological services,
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| (H) service coordination services,
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| (I) medical services only for diagnostic or | 15 |
| evaluation purposes,
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| (J) early identification, screening, and | 17 |
| assessment services,
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| (K) health services specified by the lead agency as | 19 |
| necessary to
enable the infant or toddler to benefit | 20 |
| from the other early intervention
services,
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| (L) vision services,
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| (M) transportation, and
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| (N) assistive technology devices and services;
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| (8) are provided by qualified personnel, including but | 25 |
| not limited to:
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| (A) child development specialists or special |
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| educators,
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| (B) speech and language pathologists and | 3 |
| audiologists,
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| (C) occupational therapists,
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| (D) physical therapists,
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| (E) social workers,
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| (F) nurses,
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| (G) nutritionists,
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| (H) optometrists,
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| (I) psychologists, and
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| (J) physicians;
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| (9) are provided in conformity with an Individualized | 13 |
| Family Service Plan;
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| (10) are provided throughout the year; and
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| (11) are provided in natural
environments, including | 16 |
| the home and community settings in which infants
and | 17 |
| toddlers
without
disabilities would participate to the | 18 |
| extent determined by the
multidisciplinary Individualized | 19 |
| Family Service Plan.
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| (f) "Individualized Family Service Plan" or "Plan" means a | 21 |
| written plan for
providing early intervention services to a | 22 |
| child eligible under this Act
and the child's family, as set | 23 |
| forth in Section 11.
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| (g) "Local interagency agreement" means an agreement | 25 |
| entered into by
local community and State and regional agencies | 26 |
| receiving early
intervention funds directly from the State and |
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| made in accordance with
State interagency agreements providing | 2 |
| for the delivery of early
intervention services within a local | 3 |
| community area.
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| (h) "Council" means the Illinois Interagency Council on | 5 |
| Early
Intervention established under Section 4.
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| (i) "Lead agency" means the State agency
responsible for | 7 |
| administering this Act and
receiving and disbursing public | 8 |
| funds received in accordance with State and
federal law and | 9 |
| rules.
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| (i-5) "Central billing office" means the central billing | 11 |
| office created by
the lead agency under Section 13.
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| (j) "Child find" means a service which identifies eligible | 13 |
| infants and
toddlers.
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| (k) "Regional intake entity" means the lead agency's | 15 |
| designated entity
responsible for implementation of the Early | 16 |
| Intervention Services System within
its designated geographic | 17 |
| area.
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| (l) "Early intervention provider" means an individual who | 19 |
| is qualified, as
defined by the lead agency, to provide one or | 20 |
| more types of early intervention
services, and who has enrolled | 21 |
| as a provider in the early intervention program.
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| (m) "Fully credentialed early intervention provider" means | 23 |
| (i) a licensed occupational therapist, a licensed occupational | 24 |
| therapy assistant, a licensed physical therapist, a licensed | 25 |
| physical therapy assistant, a licensed speech language | 26 |
| pathologist, a licensed speech language pathology assistant, |
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| or a licensed audiologist or (ii) an individual who
has met the | 2 |
| standards in the State applicable to the relevant
profession, | 3 |
| and has met such other qualifications as the lead agency has
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| determined are suitable for personnel providing early | 5 |
| intervention services,
including pediatric experience, | 6 |
| education, and continuing education. The lead
agency shall | 7 |
| establish these qualifications by rule filed no later than 180
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| days
after the effective date of this amendatory Act of the | 9 |
| 92nd General Assembly.
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| (Source: P.A. 92-307, 8-9-01; 93-124, eff. 7-10-03.)
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| (325 ILCS 20/10) (from Ch. 23, par. 4160)
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| Sec. 10. Standards. The Council and the lead agency, with | 13 |
| assistance
from parents and providers, shall develop and | 14 |
| promulgate policies and
procedures relating to the | 15 |
| establishment and implementation of program and
personnel | 16 |
| standards to ensure that services provided are consistent with
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| any State-approved or recognized certification, licensing, | 18 |
| registration, or
other comparable requirements which apply to | 19 |
| the area of early intervention
program service standards. Only | 20 |
| State-approved public or private early
intervention service | 21 |
| providers shall be eligible to receive State and
federal | 22 |
| funding for early intervention services. All early childhood
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| intervention staff shall hold the highest entry requirement | 24 |
| necessary for that
position. In the case of a licensed | 25 |
| occupational therapist, licensed occupational therapy |
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| assistant, licensed physical therapist, licensed physical | 2 |
| therapy assistant, licensed speech language pathologist, | 3 |
| licensed speech language pathology assistant, or licensed | 4 |
| audiologist who provides early intervention services in | 5 |
| Illinois, the Department of Human Services shall deem that | 6 |
| person's licensure as an occupational therapist, occupational | 7 |
| therapy assistant, physical therapist, physical therapy | 8 |
| assistant, speech language pathologist, speech language | 9 |
| pathology assistant, or audiologist to meet the requirement | 10 |
| under this subsection.
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| To be a State-approved early intervention service | 12 |
| provider, an individual
(i) shall
not have served or completed, | 13 |
| within the preceding 5 years, a sentence for
conviction of any | 14 |
| felony that the Department establishes by rule and (ii) shall
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| not have been indicated as a perpetrator of child abuse or | 16 |
| neglect, within the
preceding 5 years, in an investigation by | 17 |
| Illinois (pursuant to the Abused and
Neglected Child Reporting | 18 |
| Act) or another state. The Department is authorized
to receive | 19 |
| criminal background checks for such providers and persons | 20 |
| applying
to be such a provider and to receive child abuse and | 21 |
| neglect reports regarding
indicated perpetrators who are | 22 |
| applying to provide or currently authorized to
provide early | 23 |
| intervention services in Illinois. Beginning January 1, 2004,
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| every provider of State-approved early intervention services | 25 |
| and every
applicant to provide
such services must authorize, in | 26 |
| writing and in the form required by the
Department, a criminal |
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| background check and check of child abuse and neglect
reports | 2 |
| regarding the provider or applicant as a condition of | 3 |
| authorization to
provide early intervention services. The | 4 |
| Department shall use the results of
the checks only to | 5 |
| determine State approval of the early intervention service
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| provider and shall not re-release the information except as | 7 |
| necessary to
accomplish that purpose.
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| (Source: P.A. 93-147, eff. 1-1-04.)
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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