Full Text of SB0820 97th General Assembly
SB0820enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning children.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Early Intervention Services System Act is | 5 | | amended by changing Sections 3, 4, 8, and 11 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.
| 12 | | (2) A physical or mental condition which typically | 13 | | results in
developmental delay.
| 14 | | (3) Being at risk of having substantial developmental | 15 | | delays
based on informed clinical judgment.
| 16 | | (4) Either (A) having entered the program under any of
| 17 | | 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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| 1 | | 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
| 7 | | 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.
| 13 | | (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
| 19 | | function in one or more of those areas.
| 20 | | (c) "Physical or mental condition which typically results | 21 | | in developmental
delay" means:
| 22 | | (1) a diagnosed medical disorder bearing a relatively | 23 | | well known
expectancy for developmental outcomes within | 24 | | varying ranges of developmental
disabilities; or
| 25 | | (2) a history of prenatal, perinatal, neonatal or early | 26 | | developmental
events suggestive of biological insults to |
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| 1 | | the developing central nervous
system and which either | 2 | | singly or collectively increase the probability of
| 3 | | developing a disability or delay based on a medical | 4 | | history.
| 5 | | (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.
| 10 | | (e) "Early intervention services" means services which:
| 11 | | (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;
| 14 | | (2) are selected in collaboration with the child's | 15 | | family;
| 16 | | (3) are provided under public supervision;
| 17 | | (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;
| 20 | | (5) are designed to meet an infant's or toddler's | 21 | | developmental needs in
any of the following areas:
| 22 | | (A) physical development, including vision and | 23 | | hearing,
| 24 | | (B) cognitive development,
| 25 | | (C) communication development,
| 26 | | (D) social or emotional development, or
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| 1 | | (E) adaptive development;
| 2 | | (6) meet the standards of the State, including the | 3 | | requirements of this Act;
| 4 | | (7) include one or more of the following:
| 5 | | (A) family training,
| 6 | | (B) social work services, including counseling, | 7 | | and home visits,
| 8 | | (C) special instruction,
| 9 | | (D) speech, language pathology and audiology,
| 10 | | (E) occupational therapy,
| 11 | | (F) physical therapy,
| 12 | | (G) psychological services,
| 13 | | (H) service coordination services,
| 14 | | (I) medical services only for diagnostic or | 15 | | evaluation purposes,
| 16 | | (J) early identification, screening, and | 17 | | assessment services,
| 18 | | (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,
| 21 | | (L) vision services,
| 22 | | (M) transportation, and
| 23 | | (N) assistive technology devices and services;
| 24 | | (8) are provided by qualified personnel, including but | 25 | | not limited to:
| 26 | | (A) child development specialists or special |
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| 1 | | educators,
| 2 | | (B) speech and language pathologists and | 3 | | audiologists,
| 4 | | (C) occupational therapists,
| 5 | | (D) physical therapists,
| 6 | | (E) social workers,
| 7 | | (F) nurses,
| 8 | | (G) nutritionists,
| 9 | | (H) optometrists,
| 10 | | (I) psychologists, and
| 11 | | (J) physicians;
| 12 | | (9) are provided in conformity with an Individualized | 13 | | Family Service Plan;
| 14 | | (10) are provided throughout the year; and
| 15 | | (11) are provided in natural
environments, to the | 16 | | maximum extent appropriate, which may include including | 17 | | the home and community settings , unless justification is | 18 | | provided consistent with federal regulations adopted under | 19 | | Sections 1431 through 1444 of Title 20 of the United States | 20 | | Code in which infants
and toddlers
without
disabilities | 21 | | would participate to the extent determined by the
| 22 | | multidisciplinary Individualized Family Service Plan .
| 23 | | (f) "Individualized Family Service Plan" or "Plan" means a | 24 | | written plan for
providing early intervention services to a | 25 | | child eligible under this Act
and the child's family, as set | 26 | | forth in Section 11.
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| 1 | | (g) "Local interagency agreement" means an agreement | 2 | | entered into by
local community and State and regional agencies | 3 | | receiving early
intervention funds directly from the State and | 4 | | made in accordance with
State interagency agreements providing | 5 | | for the delivery of early
intervention services within a local | 6 | | community area.
| 7 | | (h) "Council" means the Illinois Interagency Council on | 8 | | Early
Intervention established under Section 4.
| 9 | | (i) "Lead agency" means the State agency
responsible for | 10 | | administering this Act and
receiving and disbursing public | 11 | | funds received in accordance with State and
federal law and | 12 | | rules.
| 13 | | (i-5) "Central billing office" means the central billing | 14 | | office created by
the lead agency under Section 13.
| 15 | | (j) "Child find" means a service which identifies eligible | 16 | | infants and
toddlers.
| 17 | | (k) "Regional intake entity" means the lead agency's | 18 | | designated entity
responsible for implementation of the Early | 19 | | Intervention Services System within
its designated geographic | 20 | | area.
| 21 | | (l) "Early intervention provider" means an individual who | 22 | | is qualified, as
defined by the lead agency, to provide one or | 23 | | more types of early intervention
services, and who has enrolled | 24 | | as a provider in the early intervention program.
| 25 | | (m) "Fully credentialed early intervention provider" means | 26 | | an individual who
has met the standards in the State applicable |
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| 1 | | to the relevant
profession, and has met such other | 2 | | qualifications as the lead agency has
determined are suitable | 3 | | for personnel providing early intervention services,
including | 4 | | pediatric experience, education, and continuing education. The | 5 | | lead
agency shall establish these qualifications by rule filed | 6 | | no later than 180
days
after the effective date of this | 7 | | amendatory Act of the 92nd General Assembly.
| 8 | | (Source: P.A. 92-307, 8-9-01; 93-124, eff. 7-10-03.)
| 9 | | (325 ILCS 20/4) (from Ch. 23, par. 4154)
| 10 | | Sec. 4. Illinois Interagency Council on Early | 11 | | Intervention.
| 12 | | (a) There is established the Illinois Interagency Council | 13 | | on Early
Intervention. The Council shall be composed of at | 14 | | least 20 15 but not more than
30 25 members. The members of the | 15 | | Council and the designated chairperson of the
Council shall be | 16 | | appointed by the Governor. The Council member representing the
| 17 | | lead agency may not serve as chairperson of the Council. The | 18 | | Council shall be
composed of the following members:
| 19 | | (1) The Secretary of Human Services (or his or her | 20 | | designee) and 2
additional representatives of the | 21 | | Department of Human Services designated by
the Secretary, | 22 | | plus the Directors (or their designees) of the following | 23 | | State
agencies involved in the provision of or payment for | 24 | | early intervention
services to eligible infants and | 25 | | toddlers and their families:
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| 1 | | (A) Illinois State Board of Education;
| 2 | | (B) (Blank);
| 3 | | (C) (Blank);
| 4 | | (D) Illinois Department of Children and Family | 5 | | Services;
| 6 | | (E) University of Illinois Division of Specialized | 7 | | Care
for Children;
| 8 | | (F) Illinois Department of Healthcare and Family | 9 | | Services;
| 10 | | (G) Illinois Department of Public Health;
| 11 | | (H) (Blank);
| 12 | | (I) Illinois Planning Council on Developmental | 13 | | Disabilities; and
| 14 | | (A) (J) Illinois Department of Insurance ; and .
| 15 | | (B) Department of Healthcare and Family Services.
| 16 | | (2) Other members as follows:
| 17 | | (A) At least 20% of the members of the Council | 18 | | shall be parents,
including minority parents, of | 19 | | infants or toddlers with disabilities or
children with | 20 | | disabilities aged 12 or younger, with knowledge of, or
| 21 | | experience with, programs for infants and toddlers | 22 | | with disabilities. At
least one such member shall be a | 23 | | parent of an infant or toddler with a
disability or a | 24 | | child with a disability aged 6 or younger;
| 25 | | (B) At least 20% of the members of the Council | 26 | | shall be public or
private providers of early |
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| 1 | | intervention services;
| 2 | | (C) One member shall be a representative of the | 3 | | General Assembly; and
| 4 | | (D) One member shall be involved in the preparation | 5 | | of professional
personnel to serve infants and | 6 | | toddlers similar to those eligible for services
under | 7 | | this Act ; .
| 8 | | (E) Two members shall be from advocacy | 9 | | organizations with expertise in improving health, | 10 | | development, and educational outcomes for infants and | 11 | | toddlers with disabilities; | 12 | | (F) One member shall be a Child and Family | 13 | | Connections manager from a rural district; | 14 | | (G) One member shall be a Child and Family | 15 | | Connections manager from an urban district; | 16 | | (H) One member shall be the co-chair of the | 17 | | Illinois Early Learning Council (or his or her | 18 | | designee); and | 19 | | (I) Members representing the following agencies or | 20 | | entities: the State Board of Education; the Department | 21 | | of Public Health; the Department of Children and Family | 22 | | Services; the University of Illinois Division of | 23 | | Specialized Care for Children; the Illinois Council on | 24 | | Developmental Disabilities; Head Start or Early Head | 25 | | Start; and the Department of Human Services' Division | 26 | | of Mental Health. A member may represent one or more of |
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| 1 | | the listed agencies or entities. | 2 | | The Council shall meet at least quarterly and in such | 3 | | places as it deems
necessary. Terms of the initial members | 4 | | appointed under paragraph (2) shall be
determined by lot at the | 5 | | first Council meeting as follows: of the persons
appointed | 6 | | under subparagraphs (A) and (B), one-third shall serve one year
| 7 | | terms, one-third shall serve 2 year terms, and one-third shall | 8 | | serve 3 year
terms; and of the persons appointed under | 9 | | subparagraphs (C) and (D), one
shall serve a 2 year term and | 10 | | one shall serve a 3 year term. Thereafter,
successors appointed | 11 | | under paragraph (2) shall serve 3 year terms. Once
appointed, | 12 | | members shall continue to serve until their successors are
| 13 | | appointed. No member shall be appointed to serve more than 2 | 14 | | consecutive
terms.
| 15 | | Council members shall serve without compensation but shall | 16 | | be reimbursed
for reasonable costs incurred in the performance | 17 | | of their duties, including
costs related to child care, and | 18 | | parents may be paid a stipend in accordance
with applicable | 19 | | requirements.
| 20 | | The Council shall prepare and approve a budget using funds | 21 | | appropriated
for the purpose to hire staff, and obtain the | 22 | | services of such
professional, technical, and clerical | 23 | | personnel as may be necessary to
carry out its functions under | 24 | | this Act. This funding support and staff
shall be directed by | 25 | | the lead agency.
| 26 | | (b) The Council shall:
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| 1 | | (1) advise and assist the lead agency in the | 2 | | performance of its
responsibilities including but not | 3 | | limited to the identification of sources
of fiscal and | 4 | | other support services for early intervention programs, | 5 | | and
the promotion of interagency agreements which assign | 6 | | financial
responsibility to the appropriate agencies;
| 7 | | (2) advise and assist the lead agency in the | 8 | | preparation of applications
and amendments to | 9 | | applications;
| 10 | | (3) review and advise on relevant regulations and | 11 | | standards proposed by
the related State agencies;
| 12 | | (4) advise and assist the lead agency in the | 13 | | development,
implementation and evaluation of the | 14 | | comprehensive early intervention services
system; and
| 15 | | (5) prepare and submit an annual report to the Governor | 16 | | and to the
General Assembly on the status of early | 17 | | intervention programs for eligible
infants and toddlers | 18 | | and their families in Illinois.
The annual report shall | 19 | | include (i) the estimated number of eligible infants
and | 20 | | toddlers in this State, (ii) the number of eligible infants | 21 | | and toddlers
who have received services under this Act and | 22 | | the cost of providing those
services, (iii) the estimated | 23 | | cost of providing services under this Act
to
all eligible | 24 | | infants and toddlers in this State, and (iv) data and other
| 25 | | information as is requested to be included by the
| 26 | | Legislative Advisory Committee established under Section |
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| 1 | | 13.50 of this Act.
The report shall be posted by the lead | 2 | | agency on the early intervention website
as required under | 3 | | paragraph (f) of Section 5 of this Act.
| 4 | | No member of the Council shall cast a vote on or | 5 | | participate substantially
in any matter which would provide a | 6 | | direct financial benefit to that member
or otherwise give the | 7 | | appearance of a conflict of interest under State law.
All | 8 | | provisions and reporting requirements of the Illinois | 9 | | Governmental Ethics
Act shall apply to Council members.
| 10 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 11 | | (325 ILCS 20/8) (from Ch. 23, par. 4158)
| 12 | | Sec. 8. Authority to Promulgate Rules and Regulations. The | 13 | | lead
agency shall develop rules and regulations under this Act | 14 | | within one year
of the effective date of this Act. These rules | 15 | | shall reflect the intent of
federal regulations adopted under | 16 | | Part C of the Individuals with Disabilities Education | 17 | | Improvement Act of 2004 (Sections 1431 through 1444 of Title 20 | 18 | | of the United States Code) Part H of the Individuals with
| 19 | | Disabilities Education Act (20 United States Code 1471 through | 20 | | 1485) .
| 21 | | (Source: P.A. 87-680.)
| 22 | | (325 ILCS 20/11) (from Ch. 23, par. 4161)
| 23 | | Sec. 11. Individualized Family Service Plans.
| 24 | | (a) Each eligible infant or toddler and that infant's or |
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| 1 | | toddler's family
shall receive:
| 2 | | (1) timely, comprehensive, multidisciplinary | 3 | | assessment of the unique
needs of each eligible infant and | 4 | | toddler, and assessment of the concerns
and priorities of | 5 | | the families to appropriately assist them in meeting
their | 6 | | needs and identify services to meet those needs; and
| 7 | | (2) a written Individualized Family Service Plan | 8 | | developed by a
multidisciplinary team which includes the | 9 | | parent or guardian. The
individualized family service plan | 10 | | shall be based on the
multidisciplinary team's assessment | 11 | | of the resources, priorities,
and concerns of the family | 12 | | and its identification of the supports
and services | 13 | | necessary to enhance the family's capacity to meet the
| 14 | | developmental needs of the infant or toddler, and shall | 15 | | include the
identification of services appropriate to meet | 16 | | those needs, including the
frequency, intensity, and | 17 | | method of delivering services. During and as part of
the | 18 | | initial development of the individualized family services | 19 | | plan, and any
periodic reviews of the plan, the | 20 | | multidisciplinary team shall consult the lead
agency's | 21 | | therapy guidelines and its designated experts, if any, to | 22 | | help
determine appropriate services and the frequency and | 23 | | intensity of those
services. All services in the | 24 | | individualized family services plan must be
justified by | 25 | | the multidisciplinary assessment of the unique strengths | 26 | | and
needs of the infant or toddler and must be appropriate |
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| 1 | | to meet those needs.
At the periodic reviews, the team | 2 | | shall determine whether modification or
revision of the | 3 | | outcomes or services is necessary.
| 4 | | (b) The Individualized Family Service Plan shall be | 5 | | evaluated once a year
and the family shall be provided a review | 6 | | of the Plan at 6 month intervals or
more often where | 7 | | appropriate based on infant or toddler and family needs.
The | 8 | | lead agency shall create a quality review process regarding | 9 | | Individualized
Family Service Plan development and changes | 10 | | thereto, to monitor
and help assure that resources are being | 11 | | used to provide appropriate early
intervention services.
| 12 | | (c) The evaluation and initial assessment and initial
Plan | 13 | | meeting must be held within 45 days after the initial
contact | 14 | | with the early intervention services system. With parental | 15 | | consent,
early intervention services may commence before the | 16 | | completion of the
comprehensive assessment and development of | 17 | | the Plan.
| 18 | | (d) Parents must be informed that, at their discretion, | 19 | | early
intervention
services shall be provided to each eligible | 20 | | infant and toddler in the natural
environment, which may | 21 | | include the home or other community settings. Parents
shall | 22 | | make
the final decision to accept or decline
early intervention | 23 | | services. A decision to decline such services shall
not be a | 24 | | basis for administrative determination of parental fitness, or
| 25 | | other findings or sanctions against the parents. Parameters of | 26 | | the Plan
shall be set forth in rules.
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| 1 | | (e) The regional intake offices shall explain to each | 2 | | family, orally and
in
writing, all of the following:
| 3 | | (1) That the early intervention program will pay for | 4 | | all early
intervention services set forth in the | 5 | | individualized family service plan that
are not
covered or | 6 | | paid under the family's public or private insurance plan or | 7 | | policy
and not
eligible for payment through any other third | 8 | | party payor.
| 9 | | (2) That services will not be delayed due to any rules | 10 | | or restrictions
under the family's insurance plan or | 11 | | policy.
| 12 | | (3) That the family may request, with appropriate | 13 | | documentation
supporting the request, a
determination of | 14 | | an exemption from private insurance use under
Section | 15 | | 13.25.
| 16 | | (4) That responsibility for co-payments or
| 17 | | co-insurance under a family's private insurance
plan or | 18 | | policy will be transferred to the lead
agency's central | 19 | | billing office.
| 20 | | (5) That families will be responsible
for payments of | 21 | | family fees,
which will be based on a sliding scale
| 22 | | according to income, and that these fees
are payable to the | 23 | | central billing office,
and that if the family encounters a
| 24 | | catastrophic circumstance, as defined under subsection (f) | 25 | | of Section 13 of
this Act, making it unable
to pay the | 26 | | fees, the lead agency may, upon
proof of inability to pay, |
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| 1 | | waive the fees.
| 2 | | (f) The individualized family service plan must state | 3 | | whether the family
has private insurance coverage and, if the | 4 | | family has such coverage, must
have attached to it a copy of | 5 | | the family's insurance identification card or
otherwise
| 6 | | include all of the following information:
| 7 | | (1) The name, address, and telephone number of the | 8 | | insurance
carrier.
| 9 | | (2) The contract number and policy number of the | 10 | | insurance plan.
| 11 | | (3) The name, address, and social security number of | 12 | | the primary
insured.
| 13 | | (4) The beginning date of the insurance benefit year.
| 14 | | (g) A copy of the individualized family service plan must | 15 | | be provided to
each enrolled provider who is providing early | 16 | | intervention services to the
child
who is the subject of that | 17 | | plan.
| 18 | | (h) Children receiving services under this Act shall | 19 | | receive a smooth and effective transition by their third | 20 | | birthday consistent with federal regulations adopted pursuant | 21 | | to Sections 1431 through 1444 of Title 20 of the United States | 22 | | Code. | 23 | | (Source: P.A. 91-538, eff. 8-13-99; 92-10, eff. 6-11-01; | 24 | | 92-307, eff. 8-9-01;
92-651, eff. 7-11-02.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law. |
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