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Public Act 102-0962 | ||||
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AN ACT concerning children.
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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 | ||||
amended by changing Section 11 as follows:
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(325 ILCS 20/11) (from Ch. 23, par. 4161)
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Sec. 11. Individualized Family Service Plans.
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(a) Each eligible infant or toddler and that infant's or | ||||
toddler's family
shall receive:
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(1) timely, comprehensive, multidisciplinary | ||||
assessment of the unique
strengths and needs of each | ||||
eligible infant and toddler, and assessment of the | ||||
concerns
and priorities of the families to appropriately | ||||
assist them in meeting
their needs and identify supports | ||||
and services to meet those needs; and
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(2) a written Individualized Family Service Plan | ||||
developed by a
multidisciplinary team which includes the | ||||
parent or guardian. The
individualized family service plan | ||||
shall be based on the
multidisciplinary team's assessment | ||||
of the resources, priorities,
and concerns of the family | ||||
and its identification of the supports
and services | ||||
necessary to enhance the family's capacity to meet the
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developmental needs of the infant or toddler, and shall |
include the
identification of services appropriate to meet | ||
those needs, including the
frequency, intensity, and | ||
method of delivering services. During and as part of
the | ||
initial development of the individualized family services | ||
plan, and any
periodic reviews of the plan, the | ||
multidisciplinary team may seek consultation from the lead
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agency's designated experts, if any, to help
determine | ||
appropriate services and the frequency and intensity of | ||
those
services. All services in the individualized family | ||
services plan must be
justified by the multidisciplinary | ||
assessment of the unique strengths and
needs of the infant | ||
or toddler and must be appropriate to meet those needs.
At | ||
the periodic reviews, the team shall determine whether | ||
modification or
revision of the outcomes or services is | ||
necessary.
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(b) The Individualized Family Service Plan shall be | ||
evaluated once a year
and the family shall be provided a review | ||
of the Plan at 6-month 6 month intervals or
more often where | ||
appropriate based on infant or toddler and family needs.
The | ||
lead agency shall create a quality review process regarding | ||
Individualized
Family Service Plan development and changes | ||
thereto, to monitor
and help ensure assure that resources are | ||
being used to provide appropriate early
intervention services.
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(c) The initial evaluation and initial assessment and | ||
initial
Plan meeting must be held within 45 days after the | ||
initial
contact with the early intervention services system. |
The 45-day timeline does not apply for any period when the | ||
child or parent is unavailable to complete the initial | ||
evaluation, the initial assessments of the child and family, | ||
or the initial Plan meeting, due to exceptional family | ||
circumstances that are documented in the child's early | ||
intervention records, or when the parent has not provided | ||
consent for the initial evaluation or the initial assessment | ||
of the child despite documented, repeated attempts to obtain | ||
parental consent. As soon as exceptional family circumstances | ||
no longer exist or parental consent has been obtained, the | ||
initial evaluation, the initial assessment, and the initial | ||
Plan meeting must be completed as soon as possible. With | ||
parental consent,
early intervention services may commence | ||
before the completion of the
comprehensive assessment and | ||
development of the Plan. All early intervention services shall | ||
be initiated as soon as possible but not later than 30 calendar | ||
days after the consent of the parent or guardian has been | ||
obtained for the individualized family service plan, in | ||
accordance with rules adopted by the Department of Human | ||
Services.
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(d) Parents must be informed that early
intervention
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services shall be provided to each eligible infant and | ||
toddler, to the maximum extent appropriate, in the natural
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environment, which may include the home or other community | ||
settings. Parents must also be informed of the availability of | ||
early intervention services provided through telehealth |
services. Parents
shall make
the final decision to accept or | ||
decline
early intervention services, including whether | ||
accepted services are delivered in person or via telehealth | ||
services. A decision to decline such services shall
not be a | ||
basis for administrative determination of parental fitness, or
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other findings or sanctions against the parents. Parameters of | ||
the Plan
shall be set forth in rules.
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(e) The regional intake offices shall explain to each | ||
family, orally and
in
writing, all of the following:
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(1) That the early intervention program will pay for | ||
all early
intervention services set forth in the | ||
individualized family service plan that
are not
covered or | ||
paid under the family's public or private insurance plan | ||
or policy
and not
eligible for payment through any other | ||
third party payor.
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(2) That services will not be delayed due to any rules | ||
or restrictions
under the family's insurance plan or | ||
policy.
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(3) That the family may request, with appropriate | ||
documentation
supporting the request, a
determination of | ||
an exemption from private insurance use under
Section | ||
13.25.
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(4) That responsibility for co-payments or
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co-insurance under a family's private insurance
plan or | ||
policy will be transferred to the lead
agency's central | ||
billing office.
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(5) That families will be responsible
for payments of | ||
family fees,
which will be based on a sliding scale
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according to the State's definition of ability to pay | ||
which is comparing household size and income to the | ||
sliding scale and considering out-of-pocket medical or | ||
disaster expenses, and that these fees
are payable to the | ||
central billing office. Families who fail to provide | ||
income information shall be charged the maximum amount on | ||
the sliding scale.
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(f) The individualized family service plan must state | ||
whether the family
has private insurance coverage and, if the | ||
family has such coverage, must
have attached to it a copy of | ||
the family's insurance identification card or
otherwise
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include all of the following information:
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(1) The name, address, and telephone number of the | ||
insurance
carrier.
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(2) The contract number and policy number of the | ||
insurance plan.
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(3) The name, address, and social security number of | ||
the primary
insured.
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(4) The beginning date of the insurance benefit year.
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(g) A copy of the individualized family service plan must | ||
be provided to
each enrolled provider who is providing early | ||
intervention services to the
child
who is the subject of that | ||
plan.
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(h) Children receiving services under this Act shall |
receive a smooth and effective transition by their third | ||
birthday consistent with federal regulations adopted pursuant | ||
to Sections 1431 through 1444 of Title 20 of the United States | ||
Code. Beginning January 1, 2022, children who receive early | ||
intervention services prior to their third birthday and are | ||
found eligible for an individualized education program under | ||
the Individuals with Disabilities Education Act, 20 U.S.C. | ||
1414(d)(1)(A), and under Section 14-8.02 of the School Code | ||
and whose birthday falls between May 1 and August 31 may | ||
continue to receive early intervention services until the | ||
beginning of the school year following their third birthday in | ||
order to minimize gaps in services, ensure better continuity | ||
of care, and align practices for the enrollment of preschool | ||
children with special needs to the enrollment practices of | ||
typically developing preschool children. | ||
(Source: P.A. 101-654, eff. 3-8-21; 102-104, eff. 7-22-21; | ||
102-209, eff. 11-30-21 (See Section 5 of P.A. 102-671 for | ||
effective date of P.A. 102-209); revised 12-1-21.)
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Section 99. Effective date. This Act takes effect July 1, | ||
2022.
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