Full Text of SB0626 98th General Assembly
SB0626ham001 98TH GENERAL ASSEMBLY | Rep. Sara Feigenholtz Filed: 5/9/2013
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| 1 | | AMENDMENT TO SENATE BILL 626
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 626 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Insurance Code is amended by | 5 | | adding Section 367m as follows: | 6 | | (215 ILCS 5/367m new) | 7 | | Sec. 367m. Early intervention services. A policy of | 8 | | accident and health insurance that provides coverage for early | 9 | | intervention services must conform to the following criteria: | 10 | | (1) The use of private health insurance to pay for | 11 | | early intervention services under Part C of the federal | 12 | | Individuals with Disabilities Education Act may not count | 13 | | towards or result in a loss of benefits due to annual or | 14 | | lifetime insurance caps for an infant or toddler with a | 15 | | disability, the infant's or toddler's parent, or the | 16 | | infant's or toddler's family members who are covered under |
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| 1 | | that health insurance policy. | 2 | | (2) The use of private health insurance to pay for | 3 | | early intervention services under Part C of the federal | 4 | | Individuals with Disabilities Education Act may not | 5 | | negatively affect the availability of health insurance to | 6 | | an infant or toddler with a disability, the infant's or | 7 | | toddler's parent, or the infant's or toddler's family | 8 | | members who are covered under that health insurance policy, | 9 | | and health insurance coverage may not be discontinued for | 10 | | these individuals due to the use of the health insurance to | 11 | | pay for services under Part C of the federal Individuals | 12 | | with Disabilities Education Act. | 13 | | (3) The use of private health insurance to pay for | 14 | | early intervention services under Part C of the federal | 15 | | Individuals with Disabilities Education Act may not be the | 16 | | basis for increasing the health insurance premiums of an | 17 | | infant or toddler with a disability, the infant's or | 18 | | toddler's parent, or the infant's or toddler's family | 19 | | members covered under that health insurance policy. | 20 | | For the purposes of this Section, "early intervention | 21 | | services" has the same meaning as in the Early Intervention | 22 | | Services System Act. | 23 | | Section 10. The Early Intervention Services System Act is | 24 | | amended by changing Sections 3, 4, 5, 7, 9, 10, 11, 12, 13, | 25 | | 13.5, 13.10, and 13.30 as follows:
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| 1 | | (325 ILCS 20/3) (from Ch. 23, par. 4153)
| 2 | | Sec. 3. Definitions. As used in this Act:
| 3 | | (a) "Eligible infants and toddlers" means infants and | 4 | | toddlers
under 36 months of age with any of the following | 5 | | conditions:
| 6 | | (1) Developmental delays.
| 7 | | (2) A physical or mental condition which typically | 8 | | results in
developmental delay.
| 9 | | (3) Being at risk of having substantial developmental | 10 | | delays
based on informed clinical opinion judgment .
| 11 | | (4) Either (A) having entered the program under any of
| 12 | | the circumstances listed in paragraphs (1) through (3) of | 13 | | this
subsection
but no
longer meeting
the current | 14 | | eligibility criteria under those paragraphs,
and | 15 | | continuing to have any measurable delay, or (B) not
having | 16 | | attained a level of development in each area,
including
(i) | 17 | | cognitive, (ii) physical (including vision and hearing), | 18 | | (iii)
language,
speech, and communication, (iv) social or | 19 | | emotional psycho-social , or (v) adaptive self-help
skills , | 20 | | that
is at least at the mean of the child's age equivalent | 21 | | peers;
and,
in addition to either item (A) or item (B), (C)
| 22 | | having
been determined by the multidisciplinary | 23 | | individualized
family service plan
team to require the | 24 | | continuation of early intervention services in order to
| 25 | | support
continuing
developmental progress, pursuant to the |
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| 1 | | child's needs and provided in an
appropriate
developmental | 2 | | manner. The type, frequency, and intensity of services | 3 | | shall
differ from
the initial individualized family | 4 | | services plan because of the child's
developmental
| 5 | | progress, and may consist of only service coordination, | 6 | | evaluation, and
assessments.
| 7 | | (b) "Developmental delay" means a delay in one or more of | 8 | | the following
areas of childhood development as measured by | 9 | | appropriate diagnostic
instruments and standard procedures: | 10 | | cognitive; physical, including vision
and hearing; language, | 11 | | speech and communication; social or emotional psycho-social ;
| 12 | | or adaptive self-help skills . The term means a delay of 30% or | 13 | | more below the mean in
function in one or more of those areas.
| 14 | | (c) "Physical or mental condition which typically results | 15 | | in developmental
delay" means:
| 16 | | (1) a diagnosed medical disorder bearing a relatively | 17 | | well known
expectancy for developmental outcomes within | 18 | | varying ranges of developmental
disabilities; or
| 19 | | (2) a history of prenatal, perinatal, neonatal or early | 20 | | developmental
events suggestive of biological insults to | 21 | | the developing central nervous
system and which either | 22 | | singly or collectively increase the probability of
| 23 | | developing a disability or delay based on a medical | 24 | | history.
| 25 | | (d) "Informed clinical opinion judgment " means both | 26 | | clinical observations and
parental participation to determine |
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| 1 | | eligibility by a consensus of a
multidisciplinary team of 2 or | 2 | | more members based on their professional
experience and | 3 | | expertise.
| 4 | | (e) "Early intervention services" means services which:
| 5 | | (1) are designed to meet the developmental needs of | 6 | | each child
eligible under this Act and the needs of his or | 7 | | her family;
| 8 | | (2) are selected in collaboration with the child's | 9 | | family;
| 10 | | (3) are provided under public supervision;
| 11 | | (4) are provided at no cost except where a schedule of | 12 | | sliding scale
fees or other system of payments by families | 13 | | has been adopted in accordance
with State and federal law;
| 14 | | (5) are designed to meet an infant's or toddler's | 15 | | developmental needs in
any of the following areas:
| 16 | | (A) physical development, including vision and | 17 | | hearing,
| 18 | | (B) cognitive development,
| 19 | | (C) communication development,
| 20 | | (D) social or emotional development, or
| 21 | | (E) adaptive development;
| 22 | | (6) meet the standards of the State, including the | 23 | | requirements of this Act;
| 24 | | (7) include one or more of the following:
| 25 | | (A) family training,
| 26 | | (B) social work services, including counseling, |
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| 1 | | and home visits,
| 2 | | (C) special instruction,
| 3 | | (D) speech, language pathology and audiology,
| 4 | | (E) occupational therapy,
| 5 | | (F) physical therapy,
| 6 | | (G) psychological services,
| 7 | | (H) service coordination services,
| 8 | | (I) medical services only for diagnostic or | 9 | | evaluation purposes,
| 10 | | (J) early identification, screening, and | 11 | | assessment services,
| 12 | | (K) health services specified by the lead agency as | 13 | | necessary to
enable the infant or toddler to benefit | 14 | | from the other early intervention
services,
| 15 | | (L) vision services,
| 16 | | (M) transportation, and
| 17 | | (N) assistive technology devices and services , ;
| 18 | | (O) nursing services, | 19 | | (P) nutrition services, and | 20 | | (Q) sign language and cued language services;
| 21 | | (8) are provided by qualified personnel, including but | 22 | | not limited to:
| 23 | | (A) child development specialists or special | 24 | | educators , including teachers of children with hearing | 25 | | impairments (including deafness) and teachers of | 26 | | children with vision impairments (including |
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| 1 | | blindness) ,
| 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) dietitian nutritionists,
| 9 | | (H) vision specialists, including ophthalmologists | 10 | | and optometrists,
| 11 | | (I) psychologists, and
| 12 | | (J) physicians;
| 13 | | (9) are provided in conformity with an Individualized | 14 | | Family Service Plan;
| 15 | | (10) are provided throughout the year; and
| 16 | | (11) are provided in natural
environments, to the | 17 | | maximum extent appropriate, which may include the home and | 18 | | community settings, unless justification is provided | 19 | | consistent with federal regulations adopted under Sections | 20 | | 1431 through 1444 of Title 20 of the United States Code.
| 21 | | (f) "Individualized Family Service Plan" or "Plan" means a | 22 | | written plan for
providing early intervention services to a | 23 | | child eligible under this Act
and the child's family, as set | 24 | | forth in Section 11.
| 25 | | (g) "Local interagency agreement" means an agreement | 26 | | entered into by
local community and State and regional agencies |
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| 1 | | receiving early
intervention funds directly from the State and | 2 | | made in accordance with
State interagency agreements providing | 3 | | for the delivery of early
intervention services within a local | 4 | | community area.
| 5 | | (h) "Council" means the Illinois Interagency Council on | 6 | | Early
Intervention established under Section 4.
| 7 | | (i) "Lead agency" means the State agency
responsible for | 8 | | administering this Act and
receiving and disbursing public | 9 | | funds received in accordance with State and
federal law and | 10 | | rules.
| 11 | | (i-5) "Central billing office" means the central billing | 12 | | office created by
the lead agency under Section 13.
| 13 | | (j) "Child find" means a service which identifies eligible | 14 | | infants and
toddlers.
| 15 | | (k) "Regional intake entity" means the lead agency's | 16 | | designated entity
responsible for implementation of the Early | 17 | | Intervention Services System within
its designated geographic | 18 | | area.
| 19 | | (l) "Early intervention provider" means an individual who | 20 | | is qualified, as
defined by the lead agency, to provide one or | 21 | | more types of early intervention
services, and who has enrolled | 22 | | as a provider in the early intervention program.
| 23 | | (m) "Fully credentialed early intervention provider" means | 24 | | an individual who
has met the standards in the State applicable | 25 | | to the relevant
profession, and has met such other | 26 | | qualifications as the lead agency has
determined are suitable |
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| 1 | | for personnel providing early intervention services,
including | 2 | | pediatric experience, education, and continuing education. The | 3 | | lead
agency shall establish these qualifications by rule filed | 4 | | no later than 180
days
after the effective date of this | 5 | | amendatory Act of the 92nd General Assembly.
| 6 | | (Source: P.A. 97-902, eff. 8-6-12.)
| 7 | | (325 ILCS 20/4) (from Ch. 23, par. 4154)
| 8 | | Sec. 4. Illinois Interagency Council on Early | 9 | | Intervention.
| 10 | | (a) There is established the Illinois Interagency Council | 11 | | on Early
Intervention. The Council shall be composed of at | 12 | | least 20 but not more than
30 members. The members of the | 13 | | Council and the designated chairperson of the
Council shall be | 14 | | appointed by the Governor. The Council member representing the
| 15 | | lead agency may not serve as chairperson of the Council. The | 16 | | Council shall be
composed of the following members:
| 17 | | (1) The Secretary of Human Services (or his or her | 18 | | designee) and 2
additional representatives of the | 19 | | Department of Human Services designated by
the Secretary, | 20 | | plus the Directors (or their designees) of the following | 21 | | State
agencies involved in the provision of or payment for | 22 | | early intervention
services to eligible infants and | 23 | | toddlers and their families:
| 24 | | (A) Department of Insurance; and
| 25 | | (B) Department of Healthcare and Family Services.
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| 1 | | (2) Other members as follows:
| 2 | | (A) At least 20% of the members of the Council | 3 | | shall be parents,
including minority parents, of | 4 | | infants or toddlers with disabilities or
children with | 5 | | disabilities aged 12 or younger, with knowledge of, or
| 6 | | experience with, programs for infants and toddlers | 7 | | with disabilities. At
least one such member shall be a | 8 | | parent of an infant or toddler with a
disability or a | 9 | | child with a disability aged 6 or younger;
| 10 | | (B) At least 20% of the members of the Council | 11 | | shall be public or
private providers of early | 12 | | intervention services;
| 13 | | (C) One member shall be a representative of the | 14 | | General Assembly;
| 15 | | (D) One member shall be involved in the preparation | 16 | | of professional
personnel to serve infants and | 17 | | toddlers similar to those eligible for services
under | 18 | | this Act;
| 19 | | (E) Two members shall be from advocacy | 20 | | organizations with expertise in improving health, | 21 | | development, and educational outcomes for infants and | 22 | | toddlers with disabilities; | 23 | | (F) One member shall be a Child and Family | 24 | | Connections manager from a rural district; | 25 | | (G) One member shall be a Child and Family | 26 | | Connections manager from an urban district; |
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| 1 | | (H) One member shall be the co-chair of the | 2 | | Illinois Early Learning Council (or his or her | 3 | | designee); and | 4 | | (I) Members representing the following agencies or | 5 | | entities: the State Board of Education; the Department | 6 | | of Public Health; the Department of Children and Family | 7 | | Services; the University of Illinois Division of | 8 | | Specialized Care for Children; the Illinois Council on | 9 | | Developmental Disabilities; Head Start or Early Head | 10 | | Start; and the Department of Human Services' Division | 11 | | of Mental Health. A member may represent one or more of | 12 | | the listed agencies or entities. | 13 | | The Council shall meet at least quarterly and in such | 14 | | places as it deems
necessary. Terms of the initial members | 15 | | appointed under paragraph (2) shall be
determined by lot at the | 16 | | first Council meeting as follows: of the persons
appointed | 17 | | under subparagraphs (A) and (B), one-third shall serve one year
| 18 | | terms, one-third shall serve 2 year terms, and one-third shall | 19 | | serve 3 year
terms; and of the persons appointed under | 20 | | subparagraphs (C) and (D), one
shall serve a 2 year term and | 21 | | one shall serve a 3 year term. Thereafter,
successors appointed | 22 | | under paragraph (2) shall serve 3 year terms. Once
appointed, | 23 | | members shall continue to serve until their successors are
| 24 | | appointed. No member shall be appointed to serve more than 2 | 25 | | consecutive
terms.
| 26 | | Council members shall serve without compensation but shall |
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| 1 | | be reimbursed
for reasonable costs incurred in the performance | 2 | | of their duties, including
costs related to child care, and | 3 | | parents may be paid a stipend in accordance
with applicable | 4 | | requirements.
| 5 | | The Council shall prepare and approve a budget using funds | 6 | | appropriated
for the purpose to hire staff, and obtain the | 7 | | services of such
professional, technical, and clerical | 8 | | personnel as may be necessary to
carry out its functions under | 9 | | this Act. This funding support and staff
shall be directed by | 10 | | the lead agency.
| 11 | | (b) The Council shall:
| 12 | | (1) advise and assist the lead agency in the | 13 | | performance of its
responsibilities including but not | 14 | | limited to the identification of sources
of fiscal and | 15 | | other support services for early intervention programs, | 16 | | and
the promotion of interagency agreements which assign | 17 | | financial
responsibility to the appropriate agencies;
| 18 | | (2) advise and assist the lead agency in the | 19 | | preparation of applications
and amendments to | 20 | | applications;
| 21 | | (3) review and advise on relevant regulations and | 22 | | standards proposed by
the related State agencies;
| 23 | | (4) advise and assist the lead agency in the | 24 | | development,
implementation and evaluation of the | 25 | | comprehensive early intervention services
system; and
| 26 | | (4.5) coordinate and collaborate with State |
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| 1 | | interagency early learning initiatives, as appropriate; | 2 | | and
| 3 | | (5) prepare and submit an annual report to the Governor | 4 | | and to the
General Assembly on the status of early | 5 | | intervention programs for eligible
infants and toddlers | 6 | | and their families in Illinois.
The annual report shall | 7 | | include (i) the estimated number of eligible infants
and | 8 | | toddlers in this State, (ii) the number of eligible infants | 9 | | and toddlers
who have received services under this Act and | 10 | | the cost of providing those
services, and (iii) the | 11 | | estimated cost of providing services under this Act
to
all | 12 | | eligible infants and toddlers in this State . , and (iv) | 13 | | data and other
information as is requested to be included | 14 | | by the
Legislative Advisory Committee established under | 15 | | Section 13.50 of this Act.
The report shall be posted by | 16 | | the lead agency on the early intervention website
as | 17 | | required under paragraph (f) of Section 5 of this Act.
| 18 | | No member of the Council shall cast a vote on or | 19 | | participate substantially
in any matter which would provide a | 20 | | direct financial benefit to that member
or otherwise give the | 21 | | appearance of a conflict of interest under State law.
All | 22 | | provisions and reporting requirements of the Illinois | 23 | | Governmental Ethics
Act shall apply to Council members.
| 24 | | (Source: P.A. 97-902, eff. 8-6-12.)
| 25 | | (325 ILCS 20/5) (from Ch. 23, par. 4155)
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| 1 | | Sec. 5. Lead Agency. The Department of Human Services is | 2 | | designated the
lead agency and shall
provide leadership in | 3 | | establishing and implementing the coordinated,
comprehensive, | 4 | | interagency and interdisciplinary system of early intervention
| 5 | | services. The lead agency shall not have the sole | 6 | | responsibility for
providing these services. Each | 7 | | participating State agency shall continue
to coordinate those | 8 | | early intervention services relating to health, social
service | 9 | | and education provided under this authority.
| 10 | | The lead agency is responsible for carrying out the | 11 | | following:
| 12 | | (a) The general administration, supervision, and | 13 | | monitoring of programs
and activities receiving assistance | 14 | | under Section 673 of the Individuals
with Disabilities | 15 | | Education Act (20 United States Code 1473).
| 16 | | (b) The identification and coordination of all | 17 | | available resources within
the State from federal, State, | 18 | | local and private sources.
| 19 | | (c) The development of procedures to ensure that | 20 | | services are provided to
eligible infants and toddlers and | 21 | | their families in a timely manner pending
the resolution of | 22 | | any disputes among public agencies or service
providers.
| 23 | | (d) The resolution of intra-agency and interagency | 24 | | regulatory and
procedural disputes.
| 25 | | (e) The development and implementation of formal | 26 | | interagency agreements,
and the entry into such |
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| 1 | | agreements, between the lead agency and (i) the
Department | 2 | | of Healthcare and Family Services, (ii) the University of | 3 | | Illinois Division of
Specialized Care for Children, and | 4 | | (iii) other relevant State agencies that:
| 5 | | (1) define the financial responsibility of each | 6 | | agency for paying
for early intervention services | 7 | | (consistent with existing State and federal
law and | 8 | | rules, including the requirement that early | 9 | | intervention funds
be used as the payor of last | 10 | | resort), a hierarchical order of payment as
among the | 11 | | agencies for
early intervention services that are | 12 | | covered under or may
be paid by programs in other | 13 | | agencies,
and procedures for direct billing, | 14 | | collecting reimbursements for payments
made, and | 15 | | resolving service and payment disputes; and
| 16 | | (2) include all additional components necessary to | 17 | | ensure meaningful
cooperation and coordination.
| 18 | | Interagency agreements under this paragraph (e) must | 19 | | be reviewed and
revised to implement the purposes of this | 20 | | amendatory Act of the 92nd General
Assembly no later than | 21 | | 60 days after the effective date of this amendatory Act
of | 22 | | the 92nd General Assembly.
| 23 | | (f) The maintenance of an early intervention website. | 24 | | Within 30 days
after the effective date of this amendatory | 25 | | Act of the 92nd General Assembly,
the lead agency shall | 26 | | post and keep posted on this website the following: (i)
the |
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| 1 | | current annual report required under subdivision (b)(5) of | 2 | | Section 4 of
this Act, and the annual reports of the prior | 3 | | 3 years, (ii) the most recent
Illinois application for | 4 | | funds prepared under Section 637 of the Individuals
with | 5 | | Disabilities Education Act filed with the United States | 6 | | Department of
Education, (iii) proposed modifications of | 7 | | the application prepared for public
comment, (iv) notice of | 8 | | Council meetings, Council agendas, and minutes of its
| 9 | | proceedings for at least the previous year, (v) proposed | 10 | | and final early
intervention rules, (vi) requests for | 11 | | proposals, and (vii) all reports created
for dissemination | 12 | | to the public that are related to the early intervention
| 13 | | program, including reports prepared at the request of the | 14 | | Council, and the General
Assembly , and the Legislative | 15 | | Advisory Committee established under Section
13.50 of this | 16 | | Act . Each such document shall be posted on the website | 17 | | within 3
working days after the document's completion.
| 18 | | (g) Before adopting any new policy or procedure | 19 | | (including any revisions to an existing policy or | 20 | | procedure) needed to comply with Part C of the Individuals | 21 | | with Disabilities Education Act, the lead agency must hold | 22 | | public hearings on the new policy or procedure, provide | 23 | | notice of the hearings at least 30 days before the hearings | 24 | | are conducted to enable public participation, and provide | 25 | | an opportunity for the general public, including | 26 | | individuals with disabilities and parents of infants and |
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| 1 | | toddlers with disabilities, early intervention providers, | 2 | | and members of the Council to comment for at least 30 days | 3 | | on the new policy or procedure needed to comply with Part C | 4 | | of the Individuals with Disabilities Education Act and with | 5 | | 34 CFR Part 300 and Part 303. | 6 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 7 | | (325 ILCS 20/7) (from Ch. 23, par. 4157)
| 8 | | Sec. 7. Essential Components of the Statewide Service | 9 | | System. As
required by federal laws and regulations, a | 10 | | statewide system of
coordinated, comprehensive, interagency | 11 | | and interdisciplinary programs shall
be established and | 12 | | maintained. The framework of the statewide system shall
be | 13 | | based on the components set forth in this Section. This | 14 | | framework shall
be used for planning, implementation, | 15 | | coordination and evaluation of the
statewide system of locally | 16 | | based early intervention services.
| 17 | | The statewide system shall include, at a minimum:
| 18 | | (a) a definition of the term "developmentally | 19 | | delayed", in accordance
with the definition in Section 3, | 20 | | that will be used in Illinois in carrying
out programs | 21 | | under this Act;
| 22 | | (b) timetables for ensuring that appropriate early | 23 | | intervention services , based on scientifically based | 24 | | research, to the extent practicable,
will be available to | 25 | | all eligible infants and toddlers in this State after
the |
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| 1 | | effective date of this Act;
| 2 | | (c) a timely, comprehensive , multidisciplinary and | 3 | | interdisciplinary evaluation of the
functioning of each | 4 | | potentially eligible infant and toddler with suspected | 5 | | disabilities in this
State , unless the child meets the | 6 | | definition of eligibility based upon his or her medical and | 7 | | other records; for a child determined eligible, a | 8 | | multidisciplinary assessment of the unique strengths and | 9 | | needs of that infant or toddler and the identification of | 10 | | services appropriate to meet those needs and a | 11 | | family-directed assessment of the resources, priorities, | 12 | | and concerns of the family and the identification of | 13 | | supports and services necessary to enhance the family's | 14 | | capacity to meet the developmental needs of that infant or | 15 | | toddler the concerns, priorities and resource needs of the | 16 | | families to
appropriately assist in the development of the | 17 | | infant and toddler with
disabilities ;
| 18 | | (d) for each eligible infant and toddler, an | 19 | | Individualized Family
Service Plan, including service | 20 | | coordination ( case management ) services;
| 21 | | (e) a comprehensive child find system, consistent with | 22 | | Part B of the
Individuals with Disabilities Education Act | 23 | | (20 United States Code 1411
through 1420 and as set forth | 24 | | in 34 CFR 300.115 ), which includes timelines and
provides | 25 | | for participation by primary referral sources;
| 26 | | (f) a public awareness program focusing on early |
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| 1 | | identification of
eligible infants and toddlers;
| 2 | | (g) a central directory which includes public and | 3 | | private early intervention
services, resources, and | 4 | | experts available in this State , professional and other | 5 | | groups (including parent support groups and training and | 6 | | information centers) that provide assistance to infants | 7 | | and toddlers with disabilities who are eligible for early | 8 | | intervention programs assisted under Part C of the | 9 | | Individuals with Disabilities Education Act and their | 10 | | families, and early
intervention research and | 11 | | demonstration projects being conducted in this State | 12 | | relating to infants and toddlers with disabilities ;
| 13 | | (h) a comprehensive system of personnel development;
| 14 | | (i) a policy pertaining to the contracting or making of | 15 | | other
arrangements with public and private service | 16 | | providers to provide early
intervention services in this | 17 | | State, consistent with the provisions of this
Act, | 18 | | including the contents of the application used and the | 19 | | conditions of
the contract or other arrangements;
| 20 | | (j) a procedure for securing timely reimbursement of | 21 | | funds;
| 22 | | (k) procedural safeguards with respect to programs | 23 | | under this Act;
| 24 | | (l) policies and procedures relating to the | 25 | | establishment and
maintenance of standards to ensure that | 26 | | personnel necessary to carry out
this Act are appropriately |
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| 1 | | and adequately prepared and trained;
| 2 | | (m) a system of evaluation of, and compliance with, | 3 | | program standards;
| 4 | | (n) a system for compiling data on the numbers of | 5 | | eligible infants
and toddlers and their families in this | 6 | | State in need of appropriate early
intervention services; | 7 | | the numbers served; the types of services provided;
and | 8 | | other information required by the State or federal | 9 | | government; and
| 10 | | (o) a single line of responsibility in a lead agency | 11 | | designated by the
Governor to carry out its | 12 | | responsibilities as required by this Act.
| 13 | | In addition to these required components, linkages may be | 14 | | established
within a local community area among the prenatal | 15 | | initiatives affording
services to high risk pregnant women. | 16 | | Additional linkages among at risk
programs and local literacy | 17 | | programs may also be established.
| 18 | | Within 60 days of the effective date of this Act, a | 19 | | five-fiscal-year
implementation plan shall be submitted to the | 20 | | Governor by the lead agency
with the concurrence of the | 21 | | Interagency Council on Early Intervention. The
plan shall list | 22 | | specific activities to be accomplished each year, with cost
| 23 | | estimates for each activity. No later than the second Monday in | 24 | | July of
each year thereafter, the lead agency shall, with the | 25 | | concurrence of the
Interagency Council, submit to the | 26 | | Governor's Office a report on
accomplishments of the previous |
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| 1 | | year and a revised list of activities for
the remainder of the | 2 | | five-fiscal-year plan, with cost estimates for each.
The | 3 | | Governor shall certify that specific activities in the plan for | 4 | | the
previous year have been substantially completed before | 5 | | authorizing relevant
State or local agencies to implement | 6 | | activities listed in the revised plan
that depend substantially | 7 | | upon completion of one or more of the earlier
activities.
| 8 | | (Source: P.A. 87-680.)
| 9 | | (325 ILCS 20/9) (from Ch. 23, par. 4159)
| 10 | | Sec. 9. Role of Other State Entities. The Departments of | 11 | | Public
Health, Human Services, Children and Family
Services , | 12 | | and Healthcare and Family Services Public Aid ; the University | 13 | | of Illinois Division of Specialized
Care for Children; the | 14 | | State Board of Education;
and any other State agency which | 15 | | directly or
indirectly provides or administers early | 16 | | intervention services shall adopt
compatible rules for the | 17 | | provision of services to eligible infants and
toddlers and | 18 | | their families within one year of the effective date of this | 19 | | Act.
| 20 | | These agencies shall enter into and maintain formal | 21 | | interagency
agreements to enable the State and local agencies | 22 | | serving eligible children
and their families to establish | 23 | | working relationships that will increase
the efficiency and | 24 | | effectiveness of their early intervention services. The
| 25 | | agreement shall outline the administrative, program and |
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| 1 | | financial
responsibilities of the relevant State agencies and | 2 | | shall implement a
coordinated service delivery system through | 3 | | local interagency agreements.
| 4 | | There shall be created in the Office of the Governor an | 5 | | Early Childhood
Intervention Ombudsman to assist families and | 6 | | local parties in ensuring
that all State agencies serving | 7 | | eligible families do so in a comprehensive
and collaborative | 8 | | manner.
| 9 | | (Source: P.A. 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
| 10 | | (325 ILCS 20/10) (from Ch. 23, par. 4160)
| 11 | | Sec. 10. Standards. The Council and the lead agency, with | 12 | | assistance
from parents and providers, shall develop and | 13 | | promulgate policies and
procedures relating to the | 14 | | establishment and implementation of program and
personnel | 15 | | standards to ensure that services provided are consistent with
| 16 | | any State-approved or recognized certification, licensing, | 17 | | registration, or
other comparable requirements which apply to | 18 | | the area of early intervention
program service standards. Only | 19 | | State-approved public or private early
intervention service | 20 | | providers shall be eligible to receive State and
federal | 21 | | funding for early intervention services. All early childhood
| 22 | | intervention staff shall hold the highest entry requirement | 23 | | necessary for that
position.
| 24 | | To be a State-approved early intervention service | 25 | | provider, an individual
(i) shall
not have served or completed, |
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| 1 | | within the preceding 5 years, a sentence for
conviction of any | 2 | | felony that the Department establishes by rule and (ii) shall
| 3 | | not have been indicated as a perpetrator of child abuse or | 4 | | neglect, within the
preceding 5 years, in an investigation by | 5 | | Illinois (pursuant to the Abused and
Neglected Child Reporting | 6 | | Act) or another state. The Department is authorized
to receive | 7 | | criminal background checks for such providers and persons | 8 | | applying
to be such a provider and to receive child abuse and | 9 | | neglect reports regarding
indicated perpetrators who are | 10 | | applying to provide or currently authorized to
provide early | 11 | | intervention services in Illinois. Beginning January 1, 2004,
| 12 | | every provider of State-approved early intervention services | 13 | | and every
applicant to provide
such services must authorize, in | 14 | | writing and in the form required by the
Department, a State and | 15 | | FBI a criminal background check , as requested by the | 16 | | Department, and check of child abuse and neglect
reports | 17 | | regarding the provider or applicant as a condition of | 18 | | authorization to
provide early intervention services. The | 19 | | Department shall use the results of
the checks only to | 20 | | determine State approval of the early intervention service
| 21 | | provider and shall not re-release the information except as | 22 | | necessary to
accomplish that purpose.
| 23 | | (Source: P.A. 93-147, eff. 1-1-04.)
| 24 | | (325 ILCS 20/11) (from Ch. 23, par. 4161)
| 25 | | Sec. 11. Individualized Family Service Plans.
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| 1 | | (a) Each eligible infant or toddler and that infant's or | 2 | | toddler's family
shall receive:
| 3 | | (1) timely, comprehensive, multidisciplinary | 4 | | assessment of the unique
strengths and needs of each | 5 | | eligible infant and toddler, and assessment of the concerns
| 6 | | and priorities of the families to appropriately assist them | 7 | | in meeting
their needs and identify supports and services | 8 | | to meet those needs; and
| 9 | | (2) a written Individualized Family Service Plan | 10 | | developed by a
multidisciplinary team which includes the | 11 | | parent or guardian. The
individualized family service plan | 12 | | shall be based on the
multidisciplinary team's assessment | 13 | | of the resources, priorities,
and concerns of the family | 14 | | and its identification of the supports
and services | 15 | | necessary to enhance the family's capacity to meet the
| 16 | | developmental needs of the infant or toddler, and shall | 17 | | include the
identification of services appropriate to meet | 18 | | those needs, including the
frequency, intensity, and | 19 | | method of delivering services. During and as part of
the | 20 | | initial development of the individualized family services | 21 | | plan, and any
periodic reviews of the plan, the | 22 | | multidisciplinary team may seek consultation from shall | 23 | | consult the lead
agency's therapy guidelines and its | 24 | | designated experts, if any, to help
determine appropriate | 25 | | services and the frequency and intensity of those
services. | 26 | | All services in the individualized family services plan |
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| 1 | | must be
justified by the multidisciplinary assessment of | 2 | | the unique strengths and
needs of the infant or toddler and | 3 | | must be appropriate to meet those needs.
At the periodic | 4 | | reviews, the team shall determine whether modification or
| 5 | | revision of the outcomes or services is necessary.
| 6 | | (b) The Individualized Family Service Plan shall be | 7 | | evaluated once a year
and the family shall be provided a review | 8 | | of the Plan at 6 month intervals or
more often where | 9 | | appropriate based on infant or toddler and family needs.
The | 10 | | lead agency shall create a quality review process regarding | 11 | | Individualized
Family Service Plan development and changes | 12 | | thereto, to monitor
and help assure that resources are being | 13 | | used to provide appropriate early
intervention services.
| 14 | | (c) The initial evaluation and initial assessment and | 15 | | initial
Plan meeting must be held within 45 days after the | 16 | | initial
contact with the early intervention services system. | 17 | | The 45-day timeline does not apply for any period when the | 18 | | child or parent is unavailable to complete the initial | 19 | | evaluation, the initial assessments of the child and family, or | 20 | | the initial Plan meeting, due to exceptional family | 21 | | circumstances that are documented in the child's early | 22 | | intervention records, or when the parent has not provided | 23 | | consent for the initial evaluation or the initial assessment of | 24 | | the child despite documented, repeated attempts to obtain | 25 | | parental consent. As soon as exceptional family circumstances | 26 | | no longer exist or parental consent has been obtained, the |
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| 1 | | initial evaluation, the initial assessment, and the initial | 2 | | Plan meeting must be completed as soon as possible. With | 3 | | parental consent,
early intervention services may commence | 4 | | before the completion of the
comprehensive assessment and | 5 | | development of the Plan.
| 6 | | (d) Parents must be informed that , at their discretion, | 7 | | early
intervention
services shall be provided to each eligible | 8 | | infant and toddler , to the maximum extent appropriate, in the | 9 | | natural
environment, which may include the home or other | 10 | | community settings. Parents
shall make
the final decision to | 11 | | accept or decline
early intervention services. A decision to | 12 | | decline such services shall
not be a basis for administrative | 13 | | determination of parental fitness, or
other findings or | 14 | | sanctions against the parents. Parameters of the Plan
shall be | 15 | | set forth in rules.
| 16 | | (e) The regional intake offices shall explain to each | 17 | | family, orally and
in
writing, all of the following:
| 18 | | (1) That the early intervention program will pay for | 19 | | all early
intervention services set forth in the | 20 | | individualized family service plan that
are not
covered or | 21 | | paid under the family's public or private insurance plan or | 22 | | policy
and not
eligible for payment through any other third | 23 | | party payor.
| 24 | | (2) That services will not be delayed due to any rules | 25 | | or restrictions
under the family's insurance plan or | 26 | | policy.
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| 1 | | (3) That the family may request, with appropriate | 2 | | documentation
supporting the request, a
determination of | 3 | | an exemption from private insurance use under
Section | 4 | | 13.25.
| 5 | | (4) That responsibility for co-payments or
| 6 | | co-insurance under a family's private insurance
plan or | 7 | | policy will be transferred to the lead
agency's central | 8 | | billing office.
| 9 | | (5) That families will be responsible
for payments of | 10 | | family fees,
which will be based on a sliding scale
| 11 | | according to the State's definition of ability to pay which | 12 | | is comparing household size and income to the sliding scale | 13 | | and considering out-of-pocket medical or disaster | 14 | | expenses , and that these fees
are payable to the central | 15 | | billing office ,
and that if the family encounters a
| 16 | | catastrophic circumstance, as defined under subsection (f) | 17 | | of Section 13 of
this Act, making it unable
to pay the | 18 | | fees, the lead agency may, upon
proof of inability to pay, | 19 | | waive the fees . Families who fail to provide income | 20 | | information shall be charged the maximum amount on the | 21 | | sliding scale.
| 22 | | (f) The individualized family service plan must state | 23 | | whether the family
has private insurance coverage and, if the | 24 | | family has such coverage, must
have attached to it a copy of | 25 | | the family's insurance identification card or
otherwise
| 26 | | include all of the following information:
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| 1 | | (1) The name, address, and telephone number of the | 2 | | insurance
carrier.
| 3 | | (2) The contract number and policy number of the | 4 | | insurance plan.
| 5 | | (3) The name, address, and social security number of | 6 | | the primary
insured.
| 7 | | (4) The beginning date of the insurance benefit year.
| 8 | | (g) A copy of the individualized family service plan must | 9 | | be provided to
each enrolled provider who is providing early | 10 | | intervention services to the
child
who is the subject of that | 11 | | plan.
| 12 | | (h) Children receiving services under this Act shall | 13 | | receive a smooth and effective transition by their third | 14 | | birthday consistent with federal regulations adopted pursuant | 15 | | to Sections 1431 through 1444 of Title 20 of the United States | 16 | | Code. | 17 | | (Source: P.A. 97-902, eff. 8-6-12.)
| 18 | | (325 ILCS 20/12) (from Ch. 23, par. 4162)
| 19 | | Sec. 12. Procedural Safeguards. The lead agency shall adopt | 20 | | procedural safeguards that meet federal
requirements and | 21 | | ensure effective implementation of the safeguards
for families
| 22 | | by each
public agency involved in the provision of early | 23 | | intervention
services under this Act.
| 24 | | The procedural safeguards shall provide, at a minimum, the | 25 | | following:
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| 1 | | (a) The timely administrative resolution of
State | 2 | | complaints , due process hearings, and mediations by | 3 | | parents as defined by administrative rule.
| 4 | | (b) The right to confidentiality of personally | 5 | | identifiable information.
| 6 | | (c) The opportunity for parents and a guardian to | 7 | | examine and receive
copies of records relating to | 8 | | evaluations and assessments assessment , screening, | 9 | | eligibility
determinations, and the development and | 10 | | implementation of the
Individualized Family Service Plan | 11 | | provision of early intervention services, individual | 12 | | complaints involving the child, or any part of the child's | 13 | | early intervention record .
| 14 | | (d) Procedures to protect the rights of the eligible | 15 | | infant or toddler
whenever the parents or guardians of the | 16 | | child are not known or unavailable
or the child is a ward | 17 | | of the State, including the assignment of an
individual | 18 | | (who shall not be an employee of the State agency or local
| 19 | | agency providing services) to act as a surrogate for the | 20 | | parents or guardian. The regional intake entity must make | 21 | | reasonable efforts to ensure the assignment of a surrogate | 22 | | parent not more than 30 days after a public agency | 23 | | determines that the child needs a surrogate parent.
| 24 | | (e) Timely written prior notice to the parents or | 25 | | guardian of the
eligible infant or toddler whenever the | 26 | | State agency or public or private
service provider proposes |
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| 1 | | to initiate or change or refuses to initiate or
change the | 2 | | identification, evaluation, placement, or the provision of
| 3 | | appropriate early intervention services to the eligible | 4 | | infant or toddler.
| 5 | | (f) Written prior notice to fully inform the parents or | 6 | | guardians, in
their native primary language or mode of | 7 | | communication used by the parent, unless clearly not | 8 | | feasible to do so , in a comprehensible manner, of these | 9 | | procedural
safeguards.
| 10 | | (g) During the pendency of any proceedings or action | 11 | | involving a
complaint, unless the State agency and the | 12 | | parents or guardian otherwise
agree, the child shall | 13 | | continue to receive the appropriate early
intervention | 14 | | services currently being provided, or in the case of an
| 15 | | application for initial services, the child shall receive | 16 | | the services not in
dispute.
| 17 | | (Source: P.A. 91-538, eff. 8-13-99.)
| 18 | | (325 ILCS 20/13) (from Ch. 23, par. 4163)
| 19 | | Sec. 13. Funding and Fiscal Responsibility.
| 20 | | (a) The lead agency and every
other participating State | 21 | | agency may receive and expend funds appropriated
by the General | 22 | | Assembly to implement the early intervention services system
as | 23 | | required by this Act.
| 24 | | (b) The lead agency and each participating State agency | 25 | | shall identify
and report on an annual basis to the Council the |
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| 1 | | State agency funds utilized
for the provision of early | 2 | | intervention services to eligible infants and
toddlers.
| 3 | | (c) Funds provided under Section 633 of the Individuals | 4 | | with
Disabilities Education Act (20 United States Code 1433) | 5 | | and State funds
designated or appropriated for early | 6 | | intervention services or programs
may not be used to satisfy a
| 7 | | financial commitment for services which would have been paid | 8 | | for from
another public or private source but for the enactment | 9 | | of this Act, except
whenever considered necessary to prevent | 10 | | delay in receiving appropriate early
intervention services by | 11 | | the eligible infant or toddler or family in a
timely manner. | 12 | | "Public or private source" includes public and private
| 13 | | insurance coverage.
| 14 | | Funds provided under Section 633 of the Individuals with
| 15 | | Disabilities Education Act
and State funds designated or | 16 | | appropriated for early intervention services or
programs
may be | 17 | | used by the lead agency to pay the
provider of services (A) | 18 | | pending reimbursement from the appropriate State
agency
or (B) | 19 | | if (i) the claim for payment is denied in whole or in part by a | 20 | | public
or private source, or would be denied under the written | 21 | | terms of the public
program or plan or private plan, or (ii) | 22 | | use of private insurance for the
service has been exempted | 23 | | under Section 13.25. Payment under item (B)(i) may
be made | 24 | | based on a pre-determination telephone inquiry supported by | 25 | | written
documentation of the denial supplied thereafter by the | 26 | | insurance carrier.
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| 1 | | (d) Nothing in this Act shall be construed to permit the | 2 | | State to reduce
medical or other assistance available or to | 3 | | alter eligibility under Title V
and Title XIX of the Social | 4 | | Security Act relating to the Maternal Child
Health Program and | 5 | | Medicaid for eligible infants and toddlers in this State.
| 6 | | (e) The lead agency shall create a central billing office | 7 | | to receive and
dispense all relevant State and federal | 8 | | resources, as well as local
government or independent resources | 9 | | available, for early intervention
services. This office shall | 10 | | assure that maximum federal resources are
utilized and that | 11 | | providers receive funds with minimal duplications or
| 12 | | interagency reporting and with consolidated audit procedures.
| 13 | | (f) The lead agency shall, by rule, create a system of
| 14 | | payments by families, including
a schedule of fees. No fees, | 15 | | however, may be charged for: implementing
child find,
| 16 | | evaluation and assessment, service coordination, | 17 | | administrative and
coordination activities related to the | 18 | | development, review, and evaluation of
Individualized Family | 19 | | Service Plans, or the implementation of procedural
safeguards | 20 | | and other administrative components of the statewide early
| 21 | | intervention system.
| 22 | | The system of payments, called family fees, shall be
| 23 | | structured on a sliding
scale based on the family's ability to | 24 | | pay family income . The family's coverage
or lack
of coverage | 25 | | under a public or private insurance plan or
policy
shall not be | 26 | | a factor in determining the amount of the
family fees.
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| 1 | | Each family's fee obligation shall be
established | 2 | | annually, and shall be paid by
families to
the central billing | 3 | | office in
installments. At the written request of the family, | 4 | | the fee obligation shall be
adjusted prospectively at any point | 5 | | during the year upon proof of a change in
family income or | 6 | | family size. The inability of the parents
of an eligible child | 7 | | to pay family fees due to catastrophic
circumstances or | 8 | | extraordinary expenses shall not result in
the denial of | 9 | | services to the child or the child's family.
A family must | 10 | | document its extraordinary expenses or other catastrophic
| 11 | | circumstances
by showing one of the following: (i) | 12 | | out-of-pocket medical expenses in excess
of 15% of gross | 13 | | income; (ii) a fire, flood, or other disaster causing a direct
| 14 | | out-of-pocket loss in excess of 15% of gross income; or (iii) | 15 | | other
catastrophic
circumstances causing out-of-pocket losses | 16 | | in excess of 15% of gross income.
The family must present proof | 17 | | of loss to its service coordinator, who shall
document it, and | 18 | | the lead agency shall determine
whether the fees shall be | 19 | | reduced, forgiven, or suspended within 10 business
days after
| 20 | | the family's request.
| 21 | | (g) To ensure that early intervention funds are used as the | 22 | | payor of last
resort for early intervention services, the lead | 23 | | agency shall determine at the
point of early intervention | 24 | | intake, and again at any periodic review of
eligibility | 25 | | thereafter or upon a change in family circumstances, whether | 26 | | the
family is eligible for or enrolled in any program for which |
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| 1 | | payment is made
directly or through public or private insurance | 2 | | for any or all of the early
intervention services made | 3 | | available under this Act. The lead agency shall
establish | 4 | | procedures to ensure that payments are made either directly | 5 | | from
these public and private sources instead of from State or | 6 | | federal early
intervention funds, or as reimbursement for | 7 | | payments previously made from State
or federal early | 8 | | intervention funds.
| 9 | | (Source: P.A. 91-538, eff. 8-13-99; 92-10, eff. 6-11-01; | 10 | | 92-307, eff. 8-9-01;
92-651, eff. 7-11-02.)
| 11 | | (325 ILCS 20/13.5)
| 12 | | Sec. 13.5. Other programs.
| 13 | | (a) When an application or a review of
eligibility for | 14 | | early
intervention services is made, and at any
eligibility | 15 | | redetermination
thereafter, the family shall be asked if it
is | 16 | | currently enrolled in
any federally funded, Department of | 17 | | Healthcare and Family Services administered, medical programs | 18 | | Medicaid, KidCare , or the Title V program
administered by the | 19 | | University of Illinois
Division of
Specialized Care for | 20 | | Children. If the
family is enrolled in any of these
programs, | 21 | | that information shall be put on
the individualized family | 22 | | service
plan and entered into the computerized case
management | 23 | | system, and shall
require that the individualized family
| 24 | | services plan of a child who has been
found eligible for | 25 | | services through the
Division of Specialized Care for
Children |
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| 1 | | state that the child is enrolled
in that program. For those
| 2 | | programs in which the family is not
enrolled, a preliminary | 3 | | eligibility
screen shall be
conducted simultaneously
for (i) | 4 | | medical assistance
(Medicaid) under
Article V of the Illinois | 5 | | Public Aid Code, (ii)
children's
health insurance program ( any | 6 | | federally funded, Department of Healthcare and Family Services | 7 | | administered, medical programs KidCare ) benefits
under the
| 8 | | Children's Health Insurance Program Act, and (iii)
Title V
| 9 | | maternal and child health services provided
through the
| 10 | | Division of Specialized Care for Children of the
University
of | 11 | | Illinois.
| 12 | | (b) For purposes of determining family fees
under
| 13 | | subsection (f) of Section 13 and determining
eligibility for
| 14 | | the other programs and services specified in
items (i)
through | 15 | | (iii) of subsection (a), the lead agency
shall
develop and use, | 16 | | within 60 days after the effective
date of
this amendatory Act | 17 | | of the 92nd General Assembly,
with the
cooperation of the | 18 | | Department of Public Aid (now Healthcare and Family Services)
| 19 | | and the
Division
of Specialized Care for Children of the
| 20 | | University of
Illinois, a screening device that provides
| 21 | | sufficient
information for the early intervention regional
| 22 | | intake
entities or other agencies to establish eligibility for
| 23 | | those
other programs
and shall, in cooperation with the | 24 | | Illinois
Department of Public Aid (now Healthcare and Family | 25 | | Services) and the Division
of Specialized Care for Children, | 26 | | train the
regional intake entities
on using the screening |
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| 1 | | device.
| 2 | | (c) When a child is
determined eligible for and enrolled
in | 3 | | the early intervention
program and has been found to at least | 4 | | meet
the threshold income
eligibility requirements for any | 5 | | federally funded, Department of Healthcare and Family Services | 6 | | administered, medical programs Medicaid or
KidCare , the | 7 | | regional intake entity
shall complete an application for any | 8 | | federally funded, Department of Healthcare and Family Services | 9 | | administered, medical programs a KidCare/Medicaid
application | 10 | | with the family and forward it
to the
Department of Healthcare | 11 | | and Family Services ' KidCare
Unit for a determination of
| 12 | | eligibility. A parent shall not be required to enroll in any | 13 | | federally funded, Department of Healthcare and Family Services | 14 | | administered, medical programs as a condition of receiving | 15 | | services provided pursuant to Part C of the Individuals with | 16 | | Disabilities Education Act.
| 17 | | (d) With the cooperation of the Department of Healthcare | 18 | | and Family Services, the lead agency shall establish procedures | 19 | | that
ensure
the timely and maximum allowable recovery of | 20 | | payments
for all
early intervention services and allowable
| 21 | | administrative
costs under Article V of the Illinois Public Aid
| 22 | | Code and the
Children's Health Insurance Program Act and shall | 23 | | include
those procedures in the interagency agreement required | 24 | | under subsection (e) of
Section 5 of this Act.
| 25 | | (e) For purposes of making referrals for final
| 26 | | determinations of eligibility for any federally funded, |
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| 1 | | Department of Healthcare and Family Services administered, | 2 | | medical programs KidCare benefits
under the Children's Health | 3 | | Insurance Program Act and for medical assistance
under Article | 4 | | V of the Illinois Public Aid Code,
the lead agency shall | 5 | | require each early intervention regional intake entity to
| 6 | | enroll as an application agent a "KidCare agent" in order for | 7 | | the entity to complete the any federally funded, Department of | 8 | | Healthcare and Family Services administered, medical programs | 9 | | KidCare
application as authorized under Section 22 of the | 10 | | Children's Health Insurance
Program Act.
| 11 | | (f) For purposes of early intervention services that may be | 12 | | provided
by the Division of Specialized Care for Children of | 13 | | the University of Illinois
(DSCC), the lead agency shall | 14 | | establish procedures whereby the early
intervention regional
| 15 | | intake entities may determine whether children enrolled in the | 16 | | early
intervention program may also be eligible for those | 17 | | services, and shall
develop, within 60 days after the effective | 18 | | date of this amendatory Act of the
92nd General Assembly, (i) | 19 | | the inter-agency agreement required under subsection
(e) of | 20 | | Section 5 of this Act, establishing that early intervention | 21 | | funds are to
be used as the payor of last resort when services | 22 | | required under an
individualized family services plan may be | 23 | | provided to an eligible child
through the DSCC, and (ii) | 24 | | training
guidelines for the regional intake entities
and | 25 | | providers that explain eligibility and billing procedures for
| 26 | | services through DSCC.
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| 1 | | (g) The lead agency shall require that an
individual | 2 | | applying for or renewing
enrollment as a provider of services | 3 | | in the
early intervention program state whether or
not he or | 4 | | she is also enrolled as a DSCC
provider. This information shall | 5 | | be noted
next to the name of the provider on the
computerized | 6 | | roster of Illinois early
intervention providers, and regional | 7 | | intake
entities shall make every effort to refer
families | 8 | | eligible for DSCC services to
these providers.
| 9 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 10 | | (325 ILCS 20/13.10)
| 11 | | Sec. 13.10.
Private health insurance;
assignment. The lead | 12 | | agency
shall determine, at the point of new applications
for | 13 | | early
intervention services, and for all children enrolled
in | 14 | | the early
intervention program, at the regional intake offices,
| 15 | | whether
the child is insured under a private health insurance
| 16 | | plan or
policy. An application for early intervention
services | 17 | | shall
serve as a right to assignment of the right of
recovery | 18 | | against a
private health insurance plan or policy for any | 19 | | covered
early intervention services that may be billed to the | 20 | | family's insurance
carrier and that are provided to a child
| 21 | | covered under the plan or policy.
| 22 | | (Source: P.A. 92-307, eff. 8-9-01.)
| 23 | | (325 ILCS 20/13.30)
| 24 | | Sec. 13.30. System of personnel development. The lead |
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| 1 | | agency shall provide training to early intervention providers | 2 | | and may
enter into contracts to meet this requirement. If such | 3 | | contracts are let, they
shall be bid under a public request for
| 4 | | proposals that shall be posted on the lead agency's early | 5 | | intervention website
for
no less than 30 days. This training | 6 | | shall include, at
minimum, the following types of instruction:
| 7 | | (a) Courses
in birth-to-3 evaluation and treatment of | 8 | | children with
developmental disabilities and delays
(1) that | 9 | | are taught by fully credentialed early intervention providers | 10 | | or
educators with
substantial experience in evaluation and | 11 | | treatment of
children from birth to age 3 with developmental
| 12 | | disabilities and delays, (2) that cover these topics within | 13 | | each of
the disciplines of audiology, occupational therapy,
| 14 | | physical therapy, speech and language pathology, and
| 15 | | developmental therapy, including the social-emotional domain | 16 | | of development,
(3) that are held no less than
twice per year, | 17 | | (4) that offer no fewer than 20 contact
hours per year of | 18 | | course work, (5) that are held in no
fewer than 5 separate | 19 | | locales throughout the State, and
(6) that give enrollment
| 20 | | priority to early intervention providers who do not meet
the
| 21 | | experience, education, or continuing education requirements
| 22 | | necessary to be fully credentialed early intervention | 23 | | providers; and
| 24 | | (b) Courses held no less than twice per year for
no fewer | 25 | | than 4 hours each in no fewer than 5 separate
locales | 26 | | throughout the State each on the following topics:
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| 1 | | (1) Practice and procedures of private
insurance | 2 | | billing.
| 3 | | (2) The role of the regional intake entities;
service | 4 | | coordination; program eligibility determinations;
family | 5 | | fees; any federally funded, Department of Healthcare and | 6 | | Family Services administered, medical programs Medicaid, | 7 | | KidCare , and Division of Specialized
Care applications, | 8 | | referrals, and coordination with Early
Intervention; and | 9 | | procedural safeguards.
| 10 | | (3) Introduction to the early intervention
program, | 11 | | including provider enrollment and credentialing,
overview | 12 | | of Early Intervention program policies and
regulations, | 13 | | and billing requirements.
| 14 | | (4) Evaluation and assessment of birth-to-3
children; | 15 | | individualized family service plan
development, | 16 | | monitoring, and review; best practices; service
| 17 | | guidelines; and quality assurance.
| 18 | | (Source: P.A. 92-307, eff. 8-9-01.)
| 19 | | (325 ILCS 20/13.50 rep.) | 20 | | Section 15. The Early Intervention Services System Act is | 21 | | amended by repealing Section 13.50.
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
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