Full Text of HB4407 98th General Assembly
HB4407 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4407 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED: |
| 325 ILCS 20/11 | from Ch. 23, par. 4161 | 325 ILCS 20/12 | from Ch. 23, par. 4162 |
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Amends the Early Intervention Services System Act. Provides that all early intervention services shall be initiated as soon as possible, but not later than 30 days after parental consent has been obtained for the Individualized Family Service Plan. Provides that services may be initiated later than 30 days after parental consent has been obtained if the multidisciplinary team determines that a later initiation date is necessary in order to meet the individual needs of the child and family, the child's parent provides informed written consent for the later initiation date, and the reasons for the later initiation date are documented by the multidisciplinary team. In provisions concerning procedural safeguards, provides that a child shall continue to receive the appropriate early
intervention services during the pendency of any State complaint procedure, due process hearing, or mediation (instead of any proceedings or action) involving a
complaint, unless the State agency and the parents or guardian otherwise
agree. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 11 and 12 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 | 9 | | toddler'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 concerns
| 13 | | and priorities of the families to appropriately assist them | 14 | | in meeting
their needs and identify supports and services | 15 | | to meet those needs; and
| 16 | | (2) a written Individualized Family Service Plan | 17 | | developed by a
multidisciplinary team which includes the | 18 | | parent or guardian. The
individualized family service plan | 19 | | shall be based on the
multidisciplinary team's assessment | 20 | | of the resources, priorities,
and concerns of the family | 21 | | and its identification of the supports
and services | 22 | | necessary to enhance the family's capacity to meet the
| 23 | | developmental needs of the infant or toddler, and shall |
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| 1 | | include the
identification of services appropriate to meet | 2 | | those needs, including the
frequency, intensity, and | 3 | | method of delivering services. During and as part of
the | 4 | | initial development of the individualized family services | 5 | | plan, and any
periodic reviews of the plan, the | 6 | | multidisciplinary team may seek consultation from the lead
| 7 | | agency's designated experts, if any, to help
determine | 8 | | appropriate services and the frequency and intensity of | 9 | | those
services. All services in the individualized family | 10 | | services plan must be
justified by the multidisciplinary | 11 | | assessment of the unique strengths and
needs of the infant | 12 | | or toddler and must be appropriate to meet those needs.
At | 13 | | the periodic reviews, the team shall determine whether | 14 | | modification or
revision of the outcomes or services is | 15 | | necessary.
| 16 | | (b) The Individualized Family Service Plan shall be | 17 | | evaluated once a year
and the family shall be provided a review | 18 | | of the Plan at 6 month intervals or
more often where | 19 | | appropriate based on infant or toddler and family needs.
The | 20 | | lead agency shall create a quality review process regarding | 21 | | Individualized
Family Service Plan development and changes | 22 | | thereto, to monitor
and help assure that resources are being | 23 | | used to provide appropriate early
intervention services.
| 24 | | (c) The initial evaluation and initial assessment and | 25 | | initial
Plan meeting must be held within 45 days after the | 26 | | initial
contact with the early intervention services system. |
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| 1 | | The 45-day timeline does not apply for any period when the | 2 | | child or parent is unavailable to complete the initial | 3 | | evaluation, the initial assessments of the child and family, or | 4 | | the initial Plan meeting, due to exceptional family | 5 | | circumstances that are documented in the child's early | 6 | | intervention records, or when the parent has not provided | 7 | | consent for the initial evaluation or the initial assessment of | 8 | | the child despite documented, repeated attempts to obtain | 9 | | parental consent. As soon as exceptional family circumstances | 10 | | no longer exist or parental consent has been obtained, the | 11 | | initial evaluation, the initial assessment, and the initial | 12 | | Plan meeting must be completed as soon as possible. With | 13 | | parental consent,
early intervention services may commence | 14 | | before the completion of the
comprehensive assessment and | 15 | | development of the Plan. All early intervention services shall | 16 | | be initiated as soon as possible, but not later than 30 days | 17 | | after parental consent has been obtained for the Individualized | 18 | | Family Service Plan. Services may be initiated later than 30 | 19 | | days after parental consent has been obtained if the | 20 | | multidisciplinary team determines that a later initiation date | 21 | | is necessary in order to meet the individual needs of the child | 22 | | and family, the child's parent provides informed written | 23 | | consent for the later initiation date, and the reasons for the | 24 | | later initiation date are documented by the multidisciplinary | 25 | | team.
| 26 | | (d) Parents must be informed that early
intervention
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| 1 | | services shall be provided to each eligible infant and toddler, | 2 | | to the maximum extent appropriate, in the natural
environment, | 3 | | which may include the home or other community settings. Parents
| 4 | | shall make
the final decision to accept or decline
early | 5 | | intervention services. A decision to decline such services | 6 | | shall
not be a basis for administrative determination of | 7 | | parental fitness, or
other findings or sanctions against the | 8 | | parents. Parameters of the Plan
shall be set forth in rules.
| 9 | | (e) The regional intake offices shall explain to each | 10 | | family, orally and
in
writing, all of the following:
| 11 | | (1) That the early intervention program will pay for | 12 | | all early
intervention services set forth in the | 13 | | individualized family service plan that
are not
covered or | 14 | | paid under the family's public or private insurance plan or | 15 | | policy
and not
eligible for payment through any other third | 16 | | party payor.
| 17 | | (2) That services will not be delayed due to any rules | 18 | | or restrictions
under the family's insurance plan or | 19 | | policy.
| 20 | | (3) That the family may request, with appropriate | 21 | | documentation
supporting the request, a
determination of | 22 | | an exemption from private insurance use under
Section | 23 | | 13.25.
| 24 | | (4) That responsibility for co-payments or
| 25 | | co-insurance under a family's private insurance
plan or | 26 | | policy will be transferred to the lead
agency's central |
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| 1 | | billing office.
| 2 | | (5) That families will be responsible
for payments of | 3 | | family fees,
which will be based on a sliding scale
| 4 | | according to the State's definition of ability to pay which | 5 | | is comparing household size and income to the sliding scale | 6 | | and considering out-of-pocket medical or disaster | 7 | | expenses, and that these fees
are payable to the central | 8 | | billing office. Families who fail to provide income | 9 | | information shall be charged the maximum amount on the | 10 | | sliding scale.
| 11 | | (f) The individualized family service plan must state | 12 | | whether the family
has private insurance coverage and, if the | 13 | | family has such coverage, must
have attached to it a copy of | 14 | | the family's insurance identification card or
otherwise
| 15 | | include all of the following information:
| 16 | | (1) The name, address, and telephone number of the | 17 | | insurance
carrier.
| 18 | | (2) The contract number and policy number of the | 19 | | insurance plan.
| 20 | | (3) The name, address, and social security number of | 21 | | the primary
insured.
| 22 | | (4) The beginning date of the insurance benefit year.
| 23 | | (g) A copy of the individualized family service plan must | 24 | | be provided to
each enrolled provider who is providing early | 25 | | intervention services to the
child
who is the subject of that | 26 | | plan.
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| 1 | | (h) Children receiving services under this Act shall | 2 | | receive a smooth and effective transition by their third | 3 | | birthday consistent with federal regulations adopted pursuant | 4 | | to Sections 1431 through 1444 of Title 20 of the United States | 5 | | Code. | 6 | | (Source: P.A. 97-902, eff. 8-6-12; 98-41, eff. 6-28-13.)
| 7 | | (325 ILCS 20/12) (from Ch. 23, par. 4162)
| 8 | | Sec. 12. Procedural Safeguards. The lead agency shall adopt | 9 | | procedural safeguards that meet federal
requirements and | 10 | | ensure effective implementation of the safeguards
for families
| 11 | | by each
public agency involved in the provision of early | 12 | | intervention
services under this Act.
| 13 | | The procedural safeguards shall provide, at a minimum, the | 14 | | following:
| 15 | | (a) The timely administrative resolution of
State | 16 | | complaints, due process hearings, and mediations as | 17 | | defined by administrative rule.
| 18 | | (b) The right to confidentiality of personally | 19 | | identifiable information.
| 20 | | (c) The opportunity for parents and a guardian to | 21 | | examine and receive
copies of records relating to | 22 | | evaluations and assessments, screening, eligibility
| 23 | | determinations, and the development and implementation of | 24 | | the
Individualized Family Service Plan provision of early | 25 | | intervention services, individual complaints involving the |
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| 1 | | child, or any part of the child's early intervention | 2 | | record.
| 3 | | (d) Procedures to protect the rights of the eligible | 4 | | infant or toddler
whenever the parents or guardians of the | 5 | | child are not known or unavailable
or the child is a ward | 6 | | of the State, including the assignment of an
individual | 7 | | (who shall not be an employee of the State agency or local
| 8 | | agency providing services) to act as a surrogate for the | 9 | | parents or guardian. The regional intake entity must make | 10 | | reasonable efforts to ensure the assignment of a surrogate | 11 | | parent not more than 30 days after a public agency | 12 | | determines that the child needs a surrogate parent.
| 13 | | (e) Timely written prior notice to the parents or | 14 | | guardian of the
eligible infant or toddler whenever the | 15 | | State agency or public or private
service provider proposes | 16 | | to initiate or change or refuses to initiate or
change the | 17 | | identification, evaluation, placement, or the provision of
| 18 | | appropriate early intervention services to the eligible | 19 | | infant or toddler.
| 20 | | (f) Written prior notice to fully inform the parents or | 21 | | guardians, in
their native language or mode of | 22 | | communication used by the parent, unless clearly not | 23 | | feasible to do so, in a comprehensible manner, of these | 24 | | procedural
safeguards.
| 25 | | (g) During the pendency of any State complaint | 26 | | procedure, due process hearing, or mediation proceedings |
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| 1 | | or action involving a
complaint, unless the State agency | 2 | | and the parents or guardian otherwise
agree, the child | 3 | | shall continue to receive the appropriate early
| 4 | | intervention services currently being provided, or in the | 5 | | case of an
application for initial services, the child | 6 | | shall receive the services not in
dispute.
| 7 | | (Source: P.A. 98-41, eff. 6-28-13.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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