Full Text of HB5347 100th General Assembly
HB5347ham001 100TH GENERAL ASSEMBLY | Rep. Marcus C. Evans, Jr. Filed: 4/12/2018
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| 1 | | AMENDMENT TO HOUSE BILL 5347
| 2 | | AMENDMENT NO. ______. Amend House Bill 5347 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Early Intervention Services System Act is | 5 | | amended by changing Sections 3 and 11 as follows:
| 6 | | (325 ILCS 20/3) (from Ch. 23, par. 4153)
| 7 | | Sec. 3. Definitions. As used in this Act:
| 8 | | (a) "Eligible infants and toddlers" means infants and | 9 | | toddlers
under 36 months of age with any of the following | 10 | | conditions:
| 11 | | (1) Developmental delays.
| 12 | | (2) A physical or mental condition which typically | 13 | | results in
developmental delay.
| 14 | | (3) Being at risk of having substantial developmental | 15 | | delays
based on informed clinical opinion.
| 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) social or | 8 | | emotional, or (v) adaptive, that
is at least at the mean of | 9 | | the child's age equivalent peers;
and,
in addition to | 10 | | either item (A) or item (B), (C)
having
been determined by | 11 | | the multidisciplinary individualized
family service plan
| 12 | | team to require the continuation of early intervention | 13 | | services in order to
support
continuing
developmental | 14 | | progress, pursuant to the child's needs and provided in an
| 15 | | appropriate
developmental manner. The type, frequency, and | 16 | | intensity of services shall
differ from
the initial | 17 | | individualized family services plan because of the child's
| 18 | | developmental
progress, and may consist of only service | 19 | | coordination, evaluation, and
assessments.
| 20 | | "Eligible infants and toddlers" includes children who | 21 | | receive early intervention services under this Act from the age | 22 | | of 3 until the beginning of the school year following their | 23 | | third birthday, if their parents or guardians elect this | 24 | | option. | 25 | | (b) "Developmental delay" means a delay in one or more of | 26 | | the following
areas of childhood development as measured by |
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| 1 | | appropriate diagnostic
instruments and standard procedures: | 2 | | cognitive; physical, including vision
and hearing; language, | 3 | | speech and communication; social or emotional;
or adaptive. The | 4 | | term means a delay of 30% or more below the mean in
function in | 5 | | one or more of those areas.
| 6 | | (c) "Physical or mental condition which typically results | 7 | | in developmental
delay" means:
| 8 | | (1) a diagnosed medical disorder bearing a relatively | 9 | | well known
expectancy for developmental outcomes within | 10 | | varying ranges of developmental
disabilities; or
| 11 | | (2) a history of prenatal, perinatal, neonatal or early | 12 | | developmental
events suggestive of biological insults to | 13 | | the developing central nervous
system and which either | 14 | | singly or collectively increase the probability of
| 15 | | developing a disability or delay based on a medical | 16 | | history.
| 17 | | (d) "Informed clinical opinion" means both clinical | 18 | | observations and
parental participation to determine | 19 | | eligibility by a consensus of a
multidisciplinary team of 2 or | 20 | | more members based on their professional
experience and | 21 | | expertise.
| 22 | | (e) "Early intervention services" means services which:
| 23 | | (1) are designed to meet the developmental needs of | 24 | | each child
eligible under this Act and the needs of his or | 25 | | her family;
| 26 | | (2) are selected in collaboration with the child's |
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| 1 | | family;
| 2 | | (3) are provided under public supervision;
| 3 | | (4) are provided at no cost except where a schedule of | 4 | | sliding scale
fees or other system of payments by families | 5 | | has been adopted in accordance
with State and federal law;
| 6 | | (5) are designed to meet an infant's or toddler's | 7 | | developmental needs in
any of the following areas:
| 8 | | (A) physical development, including vision and | 9 | | hearing,
| 10 | | (B) cognitive development,
| 11 | | (C) communication development,
| 12 | | (D) social or emotional development, or
| 13 | | (E) adaptive development;
| 14 | | (6) meet the standards of the State, including the | 15 | | requirements of this Act;
| 16 | | (7) include one or more of the following:
| 17 | | (A) family training,
| 18 | | (B) social work services, including counseling, | 19 | | and home visits,
| 20 | | (C) special instruction,
| 21 | | (D) speech, language pathology and audiology,
| 22 | | (E) occupational therapy,
| 23 | | (F) physical therapy,
| 24 | | (G) psychological services,
| 25 | | (H) service coordination services,
| 26 | | (I) medical services only for diagnostic or |
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| 1 | | evaluation purposes,
| 2 | | (J) early identification, screening, and | 3 | | assessment services,
| 4 | | (K) health services specified by the lead agency as | 5 | | necessary to
enable the infant or toddler to benefit | 6 | | from the other early intervention
services,
| 7 | | (L) vision services,
| 8 | | (M) transportation,
| 9 | | (N) assistive technology devices and services,
| 10 | | (O) nursing services, | 11 | | (P) nutrition services, and | 12 | | (Q) sign language and cued language services;
| 13 | | (8) are provided by qualified personnel, including but | 14 | | not limited to:
| 15 | | (A) child development specialists or special | 16 | | educators, including teachers of children with hearing | 17 | | impairments (including deafness) and teachers of | 18 | | children with vision impairments (including | 19 | | blindness),
| 20 | | (B) speech and language pathologists and | 21 | | audiologists,
| 22 | | (C) occupational therapists,
| 23 | | (D) physical therapists,
| 24 | | (E) social workers,
| 25 | | (F) nurses,
| 26 | | (G) dietitian nutritionists,
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| 1 | | (H) vision specialists, including ophthalmologists | 2 | | and optometrists,
| 3 | | (I) psychologists, and
| 4 | | (J) physicians;
| 5 | | (9) are provided in conformity with an Individualized | 6 | | Family Service Plan;
| 7 | | (10) are provided throughout the year; and
| 8 | | (11) are provided in natural
environments, to the | 9 | | maximum extent appropriate, which may include the home and | 10 | | community settings, unless justification is provided | 11 | | consistent with federal regulations adopted under Sections | 12 | | 1431 through 1444 of Title 20 of the United States Code.
| 13 | | (f) "Individualized Family Service Plan" or "Plan" means a | 14 | | written plan for
providing early intervention services to a | 15 | | child eligible under this Act
and the child's family, as set | 16 | | forth in Section 11.
| 17 | | (g) "Local interagency agreement" means an agreement | 18 | | entered into by
local community and State and regional agencies | 19 | | receiving early
intervention funds directly from the State and | 20 | | made in accordance with
State interagency agreements providing | 21 | | for the delivery of early
intervention services within a local | 22 | | community area.
| 23 | | (h) "Council" means the Illinois Interagency Council on | 24 | | Early
Intervention established under Section 4.
| 25 | | (i) "Lead agency" means the State agency
responsible for | 26 | | administering this Act and
receiving and disbursing public |
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| 1 | | funds received in accordance with State and
federal law and | 2 | | rules.
| 3 | | (i-5) "Central billing office" means the central billing | 4 | | office created by
the lead agency under Section 13.
| 5 | | (j) "Child find" means a service which identifies eligible | 6 | | infants and
toddlers.
| 7 | | (k) "Regional intake entity" means the lead agency's | 8 | | designated entity
responsible for implementation of the Early | 9 | | Intervention Services System within
its designated geographic | 10 | | area.
| 11 | | (l) "Early intervention provider" means an individual who | 12 | | is qualified, as
defined by the lead agency, to provide one or | 13 | | more types of early intervention
services, and who has enrolled | 14 | | as a provider in the early intervention program.
| 15 | | (m) "Fully credentialed early intervention provider" means | 16 | | an individual who
has met the standards in the State applicable | 17 | | to the relevant
profession, and has met such other | 18 | | qualifications as the lead agency has
determined are suitable | 19 | | for personnel providing early intervention services,
including | 20 | | pediatric experience, education, and continuing education. The | 21 | | lead
agency shall establish these qualifications by rule filed | 22 | | no later than 180
days
after the effective date of this | 23 | | amendatory Act of the 92nd General Assembly.
| 24 | | (Source: P.A. 97-902, eff. 8-6-12; 98-41, eff. 6-28-13.)
| 25 | | (325 ILCS 20/11) (from Ch. 23, par. 4161)
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| 1 | | Sec. 11. Individualized Family Service Plans.
| 2 | | (a) Each eligible infant or toddler and that infant's or | 3 | | toddler's family
shall receive:
| 4 | | (1) timely, comprehensive, multidisciplinary | 5 | | assessment of the unique
strengths and needs of each | 6 | | eligible infant and toddler, and assessment of the concerns
| 7 | | and priorities of the families to appropriately assist them | 8 | | in meeting
their needs and identify supports and services | 9 | | to meet those needs; and
| 10 | | (2) a written Individualized Family Service Plan | 11 | | developed by a
multidisciplinary team which includes the | 12 | | parent or guardian. The
individualized family service plan | 13 | | shall be based on the
multidisciplinary team's assessment | 14 | | of the resources, priorities,
and concerns of the family | 15 | | and its identification of the supports
and services | 16 | | necessary to enhance the family's capacity to meet the
| 17 | | developmental needs of the infant or toddler, and shall | 18 | | include the
identification of services appropriate to meet | 19 | | those needs, including the
frequency, intensity, and | 20 | | method of delivering services. During and as part of
the | 21 | | initial development of the individualized family services | 22 | | plan, and any
periodic reviews of the plan, the | 23 | | multidisciplinary team may seek consultation from the lead
| 24 | | agency's designated experts, if any, to help
determine | 25 | | appropriate services and the frequency and intensity of | 26 | | those
services. All services in the individualized family |
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| 1 | | services plan must be
justified by the multidisciplinary | 2 | | assessment of the unique strengths and
needs of the infant | 3 | | or toddler and must be appropriate to meet those needs.
At | 4 | | the periodic reviews, the team shall determine whether | 5 | | modification or
revision of the outcomes or services is | 6 | | necessary.
| 7 | | (b) The Individualized Family Service Plan shall be | 8 | | evaluated once a year
and the family shall be provided a review | 9 | | of the Plan at 6 month intervals or
more often where | 10 | | appropriate based on infant or toddler and family needs.
The | 11 | | lead agency shall create a quality review process regarding | 12 | | Individualized
Family Service Plan development and changes | 13 | | thereto, to monitor
and help assure that resources are being | 14 | | used to provide appropriate early
intervention services.
| 15 | | (c) The initial evaluation and initial assessment and | 16 | | initial
Plan meeting must be held within 45 days after the | 17 | | initial
contact with the early intervention services system. | 18 | | The 45-day timeline does not apply for any period when the | 19 | | child or parent is unavailable to complete the initial | 20 | | evaluation, the initial assessments of the child and family, or | 21 | | the initial Plan meeting, due to exceptional family | 22 | | circumstances that are documented in the child's early | 23 | | intervention records, or when the parent has not provided | 24 | | consent for the initial evaluation or the initial assessment of | 25 | | the child despite documented, repeated attempts to obtain | 26 | | parental consent. As soon as exceptional family circumstances |
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| 1 | | no longer exist or parental consent has been obtained, the | 2 | | initial evaluation, the initial assessment, and the initial | 3 | | Plan meeting must be completed as soon as possible. With | 4 | | parental consent,
early intervention services may commence | 5 | | before the completion of the
comprehensive assessment and | 6 | | development of the Plan.
| 7 | | (d) Parents must be informed that early
intervention
| 8 | | services shall be provided to each eligible infant and toddler, | 9 | | to the maximum extent appropriate, in the natural
environment, | 10 | | which may include the home or other community settings. Parents
| 11 | | shall make
the final decision to accept or decline
early | 12 | | intervention services. A decision to decline such services | 13 | | shall
not be a basis for administrative determination of | 14 | | parental fitness, or
other findings or sanctions against the | 15 | | parents. Parameters of the Plan
shall be 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. Families who fail to provide income | 16 | | information shall be charged the maximum amount on the | 17 | | sliding scale.
| 18 | | (f) The individualized family service plan must state | 19 | | whether the family
has private insurance coverage and, if the | 20 | | family has such coverage, must
have attached to it a copy of | 21 | | the family's insurance identification card or
otherwise
| 22 | | include all of the following information:
| 23 | | (1) The name, address, and telephone number of the | 24 | | insurance
carrier.
| 25 | | (2) The contract number and policy number of the | 26 | | insurance plan.
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| 1 | | (3) The name, address, and social security number of | 2 | | the primary
insured.
| 3 | | (4) The beginning date of the insurance benefit year.
| 4 | | (g) A copy of the individualized family service plan must | 5 | | be provided to
each enrolled provider who is providing early | 6 | | intervention services to the
child
who is the subject of that | 7 | | plan.
| 8 | | (h) Children receiving services under this Act shall | 9 | | receive a smooth and effective transition by their third | 10 | | birthday , or by the beginning of the school year following | 11 | | their third birthday if their parents or guardians elect to | 12 | | continue early intervention services, consistent with federal | 13 | | regulations adopted pursuant to Sections 1431 through 1444 of | 14 | | Title 20 of the United States Code. | 15 | | (Source: P.A. 97-902, eff. 8-6-12; 98-41, eff. 6-28-13.)
| 16 | | Section 99. Effective date. This Act takes effect July 1, | 17 | | 2019.".
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