Full Text of SB0155 101st General Assembly
SB0155sam001 101ST GENERAL ASSEMBLY | Sen. David Koehler Filed: 3/28/2019
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| 1 | | AMENDMENT TO SENATE BILL 155
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 155 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 Section 3 and by adding Section 3a as | 6 | | follows:
| 7 | | (325 ILCS 20/3) (from Ch. 23, par. 4153)
| 8 | | Sec. 3. Definitions. As used in this Act:
| 9 | | (a) "Eligible infants and toddlers" means infants and | 10 | | toddlers
under 36 months of age with any of the following | 11 | | conditions:
| 12 | | (1) Developmental delays.
| 13 | | (2) A physical or mental condition which typically | 14 | | results in
developmental delay.
| 15 | | (3) Being at risk of having substantial developmental | 16 | | delays
based on informed clinical opinion.
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| 1 | | (4) Either (A) having entered the program under any of
| 2 | | the circumstances listed in paragraphs (1) through (3) of | 3 | | this
subsection
but no
longer meeting
the current | 4 | | eligibility criteria under those paragraphs,
and | 5 | | continuing to have any measurable delay, or (B) not
having | 6 | | attained a level of development in each area,
including
(i) | 7 | | cognitive, (ii) physical (including vision and hearing), | 8 | | (iii)
language,
speech, and communication, (iv) social or | 9 | | emotional, or (v) adaptive, that
is at least at the mean of | 10 | | the child's age equivalent peers;
and,
in addition to | 11 | | either item (A) or item (B), (C)
having
been determined by | 12 | | the multidisciplinary individualized
family service plan
| 13 | | team to require the continuation of early intervention | 14 | | services in order to
support
continuing
developmental | 15 | | progress, pursuant to the child's needs and provided in an
| 16 | | appropriate
developmental manner. The type, frequency, and | 17 | | intensity of services shall
differ from
the initial | 18 | | individualized family services plan because of the child's
| 19 | | developmental
progress, and may consist of only service | 20 | | coordination, evaluation, and
assessments.
| 21 | | (b) "Developmental delay" means a delay in one or more of | 22 | | the following
areas of childhood development as measured by | 23 | | appropriate diagnostic
instruments and standard procedures: | 24 | | cognitive; physical, including vision
and hearing; language, | 25 | | speech and communication; social or emotional;
or adaptive. The | 26 | | term means a delay of 30% or more below the mean in
function in |
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| 1 | | one or more of those areas.
| 2 | | (c) "Physical or mental condition which typically results | 3 | | in developmental
delay" means:
| 4 | | (1) a diagnosed medical disorder or exposure to a toxic | 5 | | substance bearing a relatively well known
expectancy for | 6 | | developmental outcomes within varying ranges of | 7 | | developmental
disabilities; or
| 8 | | (2) a history of prenatal, perinatal, neonatal or early | 9 | | developmental
events suggestive of biological insults to | 10 | | the developing central nervous
system and which either | 11 | | singly or collectively increase the probability of
| 12 | | developing a disability or delay based on a medical | 13 | | history.
| 14 | | (d) "Informed clinical opinion" means both clinical | 15 | | observations and
parental participation to determine | 16 | | eligibility by a consensus of a
multidisciplinary team of 2 or | 17 | | more members based on their professional
experience and | 18 | | expertise.
| 19 | | (e) "Early intervention services" means services which:
| 20 | | (1) are designed to meet the developmental needs of | 21 | | each child
eligible under this Act and the needs of his or | 22 | | her family;
| 23 | | (2) are selected in collaboration with the child's | 24 | | family;
| 25 | | (3) are provided under public supervision;
| 26 | | (4) are provided at no cost except where a schedule of |
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| 1 | | sliding scale
fees or other system of payments by families | 2 | | has been adopted in accordance
with State and federal law;
| 3 | | (5) are designed to meet an infant's or toddler's | 4 | | developmental needs in
any of the following areas:
| 5 | | (A) physical development, including vision and | 6 | | hearing,
| 7 | | (B) cognitive development,
| 8 | | (C) communication development,
| 9 | | (D) social or emotional development, or
| 10 | | (E) adaptive development;
| 11 | | (6) meet the standards of the State, including the | 12 | | requirements of this Act;
| 13 | | (7) include one or more of the following:
| 14 | | (A) family training,
| 15 | | (B) social work services, including counseling, | 16 | | and home visits,
| 17 | | (C) special instruction,
| 18 | | (D) speech, language pathology and audiology,
| 19 | | (E) occupational therapy,
| 20 | | (F) physical therapy,
| 21 | | (G) psychological services,
| 22 | | (H) service coordination services,
| 23 | | (I) medical services only for diagnostic or | 24 | | evaluation purposes,
| 25 | | (J) early identification, screening, and | 26 | | assessment services,
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| 1 | | (K) health services specified by the lead agency as | 2 | | necessary to
enable the infant or toddler to benefit | 3 | | from the other early intervention
services,
| 4 | | (L) vision services,
| 5 | | (M) transportation,
| 6 | | (N) assistive technology devices and services,
| 7 | | (O) nursing services, | 8 | | (P) nutrition services, and | 9 | | (Q) sign language and cued language services;
| 10 | | (8) are provided by qualified personnel, including but | 11 | | not limited to:
| 12 | | (A) child development specialists or special | 13 | | educators, including teachers of children with hearing | 14 | | impairments (including deafness) and teachers of | 15 | | children with vision impairments (including | 16 | | blindness),
| 17 | | (B) speech and language pathologists and | 18 | | audiologists,
| 19 | | (C) occupational therapists,
| 20 | | (D) physical therapists,
| 21 | | (E) social workers,
| 22 | | (F) nurses,
| 23 | | (G) dietitian nutritionists,
| 24 | | (H) vision specialists, including ophthalmologists | 25 | | and optometrists,
| 26 | | (I) psychologists, and
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| 1 | | (J) physicians;
| 2 | | (9) are provided in conformity with an Individualized | 3 | | Family Service Plan;
| 4 | | (10) are provided throughout the year; and
| 5 | | (11) are provided in natural
environments, to the | 6 | | maximum extent appropriate, which may include the home and | 7 | | community settings, unless justification is provided | 8 | | consistent with federal regulations adopted under Sections | 9 | | 1431 through 1444 of Title 20 of the United States Code.
| 10 | | (f) "Individualized Family Service Plan" or "Plan" means a | 11 | | written plan for
providing early intervention services to a | 12 | | child eligible under this Act
and the child's family, as set | 13 | | forth in Section 11.
| 14 | | (g) "Local interagency agreement" means an agreement | 15 | | entered into by
local community and State and regional agencies | 16 | | receiving early
intervention funds directly from the State and | 17 | | made in accordance with
State interagency agreements providing | 18 | | for the delivery of early
intervention services within a local | 19 | | community area.
| 20 | | (h) "Council" means the Illinois Interagency Council on | 21 | | Early
Intervention established under Section 4.
| 22 | | (i) "Lead agency" means the State agency
responsible for | 23 | | administering this Act and
receiving and disbursing public | 24 | | funds received in accordance with State and
federal law and | 25 | | rules.
| 26 | | (i-5) "Central billing office" means the central billing |
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| 1 | | office created by
the lead agency under Section 13.
| 2 | | (j) "Child find" means a service which identifies eligible | 3 | | infants and
toddlers.
| 4 | | (k) "Regional intake entity" means the lead agency's | 5 | | designated entity
responsible for implementation of the Early | 6 | | Intervention Services System within
its designated geographic | 7 | | area.
| 8 | | (l) "Early intervention provider" means an individual who | 9 | | is qualified, as
defined by the lead agency, to provide one or | 10 | | more types of early intervention
services, and who has enrolled | 11 | | as a provider in the early intervention program.
| 12 | | (m) "Fully credentialed early intervention provider" means | 13 | | an individual who
has met the standards in the State applicable | 14 | | to the relevant
profession, and has met such other | 15 | | qualifications as the lead agency has
determined are suitable | 16 | | for personnel providing early intervention services,
including | 17 | | pediatric experience, education, and continuing education. The | 18 | | lead
agency shall establish these qualifications by rule filed | 19 | | no later than 180
days
after the effective date of this | 20 | | amendatory Act of the 92nd General Assembly.
| 21 | | (Source: P.A. 97-902, eff. 8-6-12; 98-41, eff. 6-28-13.)
| 22 | | (325 ILCS 20/3a new) | 23 | | Sec. 3a. Lead poisoning. No later than 180 days after the | 24 | | effective date of this amendatory Act of the 101st General | 25 | | Assembly, the lead agency shall adopt rules to update 89 Ill. |
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| 1 | | Adm. Code 500.Appendix E by: (i) expanding the list of Medical | 2 | | Conditions Resulting in High Probability of Developmental | 3 | | Delay to include lead poisoning as a medical condition approved | 4 | | by the lead agency for the purposes of this Act; and (ii) | 5 | | defining "confirmed blood lead level" and "elevated blood lead | 6 | | level" or "EBL" to have the same meanings ascribed to those | 7 | | terms by the Department of Public Health in 77 Ill. Adm. Code | 8 | | 845.20. ".
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