Rep. Angelo Saviano
Filed: 5/23/2007
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1 | AMENDMENT TO HOUSE BILL 119
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2 | AMENDMENT NO. ______. Amend House Bill 119 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Early Intervention Services System Act is | ||||||
5 | amended by changing Sections 3 and 10 as follows:
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6 | (325 ILCS 20/3) (from Ch. 23, par. 4153)
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7 | Sec. 3. Definitions. As used in this Act:
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8 | (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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11 | (1) Developmental delays.
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12 | (2) A physical or mental condition which typically | ||||||
13 | results in
developmental delay.
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14 | (3) Being at risk of having substantial developmental | ||||||
15 | delays
based on informed clinical judgment.
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16 | (4) Either (A) having entered the program under any of
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1 | the circumstances listed in paragraphs (1) through (3) of | ||||||
2 | this
subsection
but no
longer meeting
the current | ||||||
3 | eligibility criteria under those paragraphs,
and | ||||||
4 | continuing to have any measurable delay, or (B) not
having | ||||||
5 | attained a level of development in each area,
including
(i) | ||||||
6 | cognitive, (ii) physical (including vision and hearing), | ||||||
7 | (iii)
language,
speech, and communication, (iv) | ||||||
8 | psycho-social, or (v) self-help
skills, that
is at least at | ||||||
9 | the mean of the child's age equivalent peers;
and,
in | ||||||
10 | addition to either item (A) or item (B), (C)
having
been | ||||||
11 | determined by the multidisciplinary individualized
family | ||||||
12 | service plan
team to require the continuation of early | ||||||
13 | intervention services in order to
support
continuing
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14 | developmental progress, pursuant to the child's needs and | ||||||
15 | provided in an
appropriate
developmental manner. The type, | ||||||
16 | frequency, and intensity of services shall
differ from
the | ||||||
17 | initial individualized family services plan because of the | ||||||
18 | child's
developmental
progress, and may consist of only | ||||||
19 | service coordination, evaluation, and
assessments.
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20 | (b) "Developmental delay" means a delay in one or more of | ||||||
21 | the following
areas of childhood development as measured by | ||||||
22 | appropriate diagnostic
instruments and standard procedures: | ||||||
23 | cognitive; physical, including vision
and hearing; language, | ||||||
24 | speech and communication; psycho-social;
or self-help skills. | ||||||
25 | The term means a delay of 30% or more below the mean in
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26 | function in one or more of those areas.
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1 | (c) "Physical or mental condition which typically results | ||||||
2 | in developmental
delay" means:
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3 | (1) a diagnosed medical disorder bearing a relatively | ||||||
4 | well known
expectancy for developmental outcomes within | ||||||
5 | varying ranges of developmental
disabilities; or
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6 | (2) a history of prenatal, perinatal, neonatal or early | ||||||
7 | developmental
events suggestive of biological insults to | ||||||
8 | the developing central nervous
system and which either | ||||||
9 | singly or collectively increase the probability of
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10 | developing a disability or delay based on a medical | ||||||
11 | history.
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12 | (d) "Informed clinical judgment" means both clinical | ||||||
13 | observations and
parental participation to determine | ||||||
14 | eligibility by a consensus of a
multidisciplinary team of 2 or | ||||||
15 | more members based on their professional
experience and | ||||||
16 | expertise.
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17 | (e) "Early intervention services" means services which:
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18 | (1) are designed to meet the developmental needs of | ||||||
19 | each child
eligible under this Act and the needs of his or | ||||||
20 | her family;
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21 | (2) are selected in collaboration with the child's | ||||||
22 | family;
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23 | (3) are provided under public supervision;
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24 | (4) are provided at no cost except where a schedule of | ||||||
25 | sliding scale
fees or other system of payments by families | ||||||
26 | has been adopted in accordance
with State and federal law;
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1 | (5) are designed to meet an infant's or toddler's | ||||||
2 | developmental needs in
any of the following areas:
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3 | (A) physical development, including vision and | ||||||
4 | hearing,
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5 | (B) cognitive development,
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6 | (C) communication development,
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7 | (D) social or emotional development, or
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8 | (E) adaptive development;
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9 | (6) meet the standards of the State, including the | ||||||
10 | requirements of this Act;
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11 | (7) include one or more of the following:
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12 | (A) family training,
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13 | (B) social work services, including counseling, | ||||||
14 | and home visits,
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15 | (C) special instruction,
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16 | (D) speech, language pathology and audiology,
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17 | (E) occupational therapy,
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18 | (F) physical therapy,
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19 | (G) psychological services,
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20 | (H) service coordination services,
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21 | (I) medical services only for diagnostic or | ||||||
22 | evaluation purposes,
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23 | (J) early identification, screening, and | ||||||
24 | assessment services,
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25 | (K) health services specified by the lead agency as | ||||||
26 | necessary to
enable the infant or toddler to benefit |
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1 | from the other early intervention
services,
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2 | (L) vision services,
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3 | (M) transportation, and
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4 | (N) assistive technology devices and services;
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5 | (8) are provided by qualified personnel, including but | ||||||
6 | not limited to:
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7 | (A) child development specialists or special | ||||||
8 | educators,
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9 | (B) speech and language pathologists and | ||||||
10 | audiologists,
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11 | (C) occupational therapists,
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12 | (D) physical therapists,
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13 | (E) social workers,
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14 | (F) nurses,
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15 | (G) nutritionists,
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16 | (H) optometrists,
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17 | (I) psychologists, and
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18 | (J) physicians;
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19 | (9) are provided in conformity with an Individualized | ||||||
20 | Family Service Plan;
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21 | (10) are provided throughout the year; and
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22 | (11) are provided in natural
environments, including | ||||||
23 | the home and community settings in which infants
and | ||||||
24 | toddlers
without
disabilities would participate to the | ||||||
25 | extent determined by the
multidisciplinary Individualized | ||||||
26 | Family Service Plan.
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1 | (f) "Individualized Family Service Plan" or "Plan" means a | ||||||
2 | written plan for
providing early intervention services to a | ||||||
3 | child eligible under this Act
and the child's family, as set | ||||||
4 | forth in Section 11.
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5 | (g) "Local interagency agreement" means an agreement | ||||||
6 | entered into by
local community and State and regional agencies | ||||||
7 | receiving early
intervention funds directly from the State and | ||||||
8 | made in accordance with
State interagency agreements providing | ||||||
9 | for the delivery of early
intervention services within a local | ||||||
10 | community area.
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11 | (h) "Council" means the Illinois Interagency Council on | ||||||
12 | Early
Intervention established under Section 4.
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13 | (i) "Lead agency" means the State agency
responsible for | ||||||
14 | administering this Act and
receiving and disbursing public | ||||||
15 | funds received in accordance with State and
federal law and | ||||||
16 | rules.
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17 | (i-5) "Central billing office" means the central billing | ||||||
18 | office created by
the lead agency under Section 13.
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19 | (j) "Child find" means a service which identifies eligible | ||||||
20 | infants and
toddlers.
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21 | (k) "Regional intake entity" means the lead agency's | ||||||
22 | designated entity
responsible for implementation of the Early | ||||||
23 | Intervention Services System within
its designated geographic | ||||||
24 | area.
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25 | (l) "Early intervention provider" means an individual who | ||||||
26 | is qualified, as
defined by the lead agency, to provide one or |
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1 | more types of early intervention
services, and who has enrolled | ||||||
2 | as a provider in the early intervention program.
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3 | (m) "Fully credentialed early intervention provider" means | ||||||
4 | (i) a licensed occupational therapist, a licensed occupational | ||||||
5 | therapy assistant, a licensed physical therapist, a licensed | ||||||
6 | physical therapy assistant, a licensed speech language | ||||||
7 | pathologist, a licensed speech language pathology assistant, | ||||||
8 | or a licensed audiologist or (ii) an individual who
has met the | ||||||
9 | standards in the State applicable to the relevant
profession, | ||||||
10 | and has met such other qualifications as the lead agency has
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11 | determined are suitable for personnel providing early | ||||||
12 | intervention services,
including pediatric experience, | ||||||
13 | education, and continuing education. The lead
agency shall | ||||||
14 | establish these qualifications by rule filed no later than 180
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15 | days
after the effective date of this amendatory Act of the | ||||||
16 | 92nd General Assembly.
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17 | (Source: P.A. 92-307, 8-9-01; 93-124, eff. 7-10-03.)
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18 | (325 ILCS 20/10) (from Ch. 23, par. 4160)
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19 | Sec. 10. Standards. The Council and the lead agency, with | ||||||
20 | assistance
from parents and providers, shall develop and | ||||||
21 | promulgate policies and
procedures relating to the | ||||||
22 | establishment and implementation of program and
personnel | ||||||
23 | standards to ensure that services provided are consistent with
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24 | any State-approved or recognized certification, licensing, | ||||||
25 | registration, or
other comparable requirements which apply to |
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1 | the area of early intervention
program service standards. Only | ||||||
2 | State-approved public or private early
intervention service | ||||||
3 | providers shall be eligible to receive State and
federal | ||||||
4 | funding for early intervention services. All early childhood
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5 | intervention staff shall hold the highest entry requirement | ||||||
6 | necessary for that
position. In the case of a licensed | ||||||
7 | occupational therapist, licensed occupational therapy | ||||||
8 | assistant, licensed physical therapist, licensed physical | ||||||
9 | therapy assistant, licensed speech language pathologist, | ||||||
10 | licensed speech language pathology assistant, or licensed | ||||||
11 | audiologist who provides early intervention services in | ||||||
12 | Illinois, the Department of Human Services shall deem that | ||||||
13 | person's licensure as an occupational therapist, occupational | ||||||
14 | therapy assistant, physical therapist, physical therapy | ||||||
15 | assistant, speech language pathologist, speech language | ||||||
16 | pathology assistant, or audiologist to meet the requirement | ||||||
17 | under this subsection.
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18 | To be a State-approved early intervention service | ||||||
19 | provider, an individual
(i) shall
not have served or completed, | ||||||
20 | within the preceding 5 years, a sentence for
conviction of any | ||||||
21 | felony that the Department establishes by rule and (ii) shall
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22 | not have been indicated as a perpetrator of child abuse or | ||||||
23 | neglect, within the
preceding 5 years, in an investigation by | ||||||
24 | Illinois (pursuant to the Abused and
Neglected Child Reporting | ||||||
25 | Act) or another state. The Department is authorized
to receive | ||||||
26 | criminal background checks for such providers and persons |
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1 | applying
to be such a provider and to receive child abuse and | ||||||
2 | neglect reports regarding
indicated perpetrators who are | ||||||
3 | applying to provide or currently authorized to
provide early | ||||||
4 | intervention services in Illinois. Beginning January 1, 2004,
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5 | every provider of State-approved early intervention services | ||||||
6 | and every
applicant to provide
such services must authorize, in | ||||||
7 | writing and in the form required by the
Department, a criminal | ||||||
8 | background check and check of child abuse and neglect
reports | ||||||
9 | regarding the provider or applicant as a condition of | ||||||
10 | authorization to
provide early intervention services. The | ||||||
11 | Department shall use the results of
the checks only to | ||||||
12 | determine State approval of the early intervention service
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13 | provider and shall not re-release the information except as | ||||||
14 | necessary to
accomplish that purpose.
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15 | (Source: P.A. 93-147, eff. 1-1-04.)
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.".
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