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92_HB0719eng HB0719 Engrossed LRB9205783DJmg 1 AN ACT in relation to 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 3 and 5 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 delaysas defined by the12Department by rule. 13 (2) A physical or mental condition which typically 14 results in developmental delay. 15 (3) Being at risk of having substantial 16 developmental delays based on informed clinical judgment. 17 (b) "Developmental delay" means a delay of 30% or more 18 below the mean in function in one or more of the following 19 areas of childhood development as measured by appropriate 20 diagnostic instruments and standard procedures: cognitive; 21 physical, including vision and hearing; language, speech and 22 communication; psycho-social; or self-help skills. 23 (c) "Physical or mental condition which typically 24 results in developmental delay" means: 25 (1) a diagnosed medical disorder bearing a 26 relatively well known expectancy for developmental 27 outcomes within varying ranges of developmental 28 disabilities; or 29 (2) a history of prenatal, perinatal, neonatal or 30 early developmental events suggestive of biological 31 insults to the developing central nervous system and HB0719 Engrossed -2- LRB9205783DJmg 1 which either singly or collectively increase the 2 probability of developing a disability or delay based on 3 a medical history. 4 (d) "Informed clinical judgment" means both clinical 5 observations and parental participation to determine 6 eligibility by a consensus of a multidisciplinary team of 2 7 or more members based on their professional experience and 8 expertise. 9 (e) "Early intervention services" means services which: 10 (1) are designed to meet the developmental needs of 11 each child eligible under this Act and the needs of his 12 or her family; 13 (2) are selected in collaboration with the child's 14 family; 15 (3) are provided under public supervision; 16 (4) are provided at no cost except where a schedule 17 of sliding scale fees or other system of payments by 18 families has been adopted in accordance with State and 19 federal law; 20 (5) are designed to meet an infant's or toddler's 21 developmental needs in any of the following areas: 22 (A) physical development, including vision and 23 hearing, 24 (B) cognitive development, 25 (C) communication development, 26 (D) social or emotional development, or 27 (E) adaptive development; 28 (6) meet the standards of the State, including the 29 requirements of this Act; 30 (7) include one or more of the following: 31 (A) family training, 32 (B) social work services, including 33 counseling, and home visits, 34 (C) special instruction, HB0719 Engrossed -3- LRB9205783DJmg 1 (D) speech, language pathology and audiology, 2 (E) occupational therapy, 3 (F) physical therapy, 4 (G) psychological services, 5 (H) service coordination services, 6 (I) medical services only for diagnostic or 7 evaluation purposes, 8 (J) early identification, screening, and 9 assessment services, 10 (K) health services specified by the lead 11 agency as necessary to enable the infant or toddler 12 to benefit from the other early intervention 13 services, 14 (L) vision services, 15 (M) transportation, and 16 (N) assistive technology devices and services; 17 (8) are provided by qualified personnel, including 18 but not limited to: 19 (A) child development specialists or special 20 educators, 21 (B) speech and language pathologists and 22 audiologists, 23 (C) occupational therapists, 24 (D) physical therapists, 25 (E) social workers, 26 (F) nurses, 27 (G) nutritionists, 28 (H) optometrists, 29 (I) psychologists, and 30 (J) physicians; 31 (9) are provided in conformity with an 32 Individualized Family Service Plan; 33 (10) are provided throughout the year; and 34 (11) are provided in natural environments, HB0719 Engrossed -4- LRB9205783DJmg 1 including the home and community settings in which 2 infants and toddlers without disabilities would 3 participate to the extent determined by the 4 multidisciplinary Individualized Family Service Plan. 5 (f) "Individualized Family Service Plan" or "Plan" means 6 a written plan for providing early intervention services to a 7 child eligible under this Act and the child's family, as set 8 forth in Section 11. 9 (g) "Local interagency agreement" means an agreement 10 entered into by local community and State and regional 11 agencies receiving early intervention funds directly from the 12 State and made in accordance with State interagency 13 agreements providing for the delivery of early intervention 14 services within a local community area. 15 (h) "Council" means the Illinois Interagency Council on 16 Early Intervention established under Section 4. 17 (i) "Lead agency" means the State agency responsible for 18 administering this Act and receiving and disbursing public 19 funds received in accordance with State and federal law and 20 rules. 21 (j) "Child find" means a service which identifies 22 eligible infants and toddlers. 23 (Source: P.A. 90-158, eff. 1-1-98; 91-538, eff. 8-13-99.) 24 (325 ILCS 20/5) (from Ch. 23, par. 4155) 25 Sec. 5. Lead Agency. The Department of Human Services 26 is designated the lead agency and shall provide leadership in 27 establishing and implementing the coordinated, comprehensive, 28 interagency and interdisciplinary system of early 29 intervention services. The lead agency shall not have the 30 sole responsibility for providing these services. Each 31 participating State agency shall continue to coordinate those 32 early intervention services relating to health, social 33 service and education provided under this authority. HB0719 Engrossed -5- LRB9205783DJmg 1 The lead agency is responsible for carrying out: 2 (a) the general administration, supervision, and 3 monitoring of programs and activities receiving 4 assistance under Section 673 of the Individuals with 5 Disabilities Education Act (20 United States Code 1473); 6 (b) the identification and coordination of all 7 available resources within the State from federal, State, 8 local and private sources; 9 (c) the development of procedures to ensure that 10 services are provided to eligible infants and toddlers 11 and their families in a timely manner pending the 12 resolution of any disputes among public agencies or 13 service providers; 14 (d) the resolution of intra-agency and interagency 15 regulatory and procedural disputes; and 16 (e) the development and implementation of formal 17 interagency agreements between the lead agency and other 18 relevant State agencies that: 19 (1) define the financial responsibility of 20 each agency for paying for early intervention 21 services (consistent with existing State and federal 22 law and rules) and procedures for resolving service 23 disputes;and24 (1.5) ensure that all early intervention 25 services are considered to be covered medical 26 services for purposes of subsection (f) of Section 27 5-19 of the Illinois Public Aid Code, to the maximum 28 extent allowed by federal law, and ensure that 29 proper payment is made for all such services; and 30 (2) otherwise include all additional 31 components necessary to ensure meaningful 32 cooperation and coordination. 33 (Source: P.A. 90-158, eff. 1-1-98.) HB0719 Engrossed -6- LRB9205783DJmg 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.