Illinois General Assembly - Full Text of SB0820
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Full Text of SB0820  97th General Assembly



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1    AN ACT concerning children.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Early Intervention Services System Act is
5amended by changing Sections 3, 4, 8, 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
9toddlers under 36 months of age with any of the following
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 judgment.
16        (4) Either (A) having entered the program under any of
17    the circumstances listed in paragraphs (1) through (3) of
18    this subsection but no longer meeting the current
19    eligibility criteria under those paragraphs, and
20    continuing to have any measurable delay, or (B) not having
21    attained a level of development in each area, including (i)
22    cognitive, (ii) physical (including vision and hearing),
23    (iii) language, speech, and communication, (iv)



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1    psycho-social, or (v) self-help skills, that is at least at
2    the mean of the child's age equivalent peers; and, in
3    addition to either item (A) or item (B), (C) having been
4    determined by the multidisciplinary individualized family
5    service plan team to require the continuation of early
6    intervention services in order to support continuing
7    developmental progress, pursuant to the child's needs and
8    provided in an appropriate developmental manner. The type,
9    frequency, and intensity of services shall differ from the
10    initial individualized family services plan because of the
11    child's developmental progress, and may consist of only
12    service coordination, evaluation, and assessments.
13    (b) "Developmental delay" means a delay in one or more of
14the following areas of childhood development as measured by
15appropriate diagnostic instruments and standard procedures:
16cognitive; physical, including vision and hearing; language,
17speech and communication; psycho-social; or self-help skills.
18The term means a delay of 30% or more below the mean in
19function in one or more of those areas.
20    (c) "Physical or mental condition which typically results
21in developmental delay" means:
22        (1) a diagnosed medical disorder bearing a relatively
23    well known expectancy for developmental outcomes within
24    varying ranges of developmental disabilities; or
25        (2) a history of prenatal, perinatal, neonatal or early
26    developmental events suggestive of biological insults to



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1    the developing central nervous system and which either
2    singly or collectively increase the probability of
3    developing a disability or delay based on a medical
4    history.
5    (d) "Informed clinical judgment" means both clinical
6observations and parental participation to determine
7eligibility by a consensus of a multidisciplinary team of 2 or
8more members based on their professional experience and
10    (e) "Early intervention services" means services which:
11        (1) are designed to meet the developmental needs of
12    each child eligible under this Act and the needs of his or
13    her family;
14        (2) are selected in collaboration with the child's
15    family;
16        (3) are provided under public supervision;
17        (4) are provided at no cost except where a schedule of
18    sliding scale fees or other system of payments by families
19    has been adopted in accordance with State and 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



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1            (E) adaptive development;
2        (6) meet the standards of the State, including the
3    requirements of this Act;
4        (7) include one or more of the following:
5            (A) family training,
6            (B) social work services, including counseling,
7        and home visits,
8            (C) special instruction,
9            (D) speech, language pathology and audiology,
10            (E) occupational therapy,
11            (F) physical therapy,
12            (G) psychological services,
13            (H) service coordination services,
14            (I) medical services only for diagnostic or
15        evaluation purposes,
16            (J) early identification, screening, and
17        assessment services,
18            (K) health services specified by the lead agency as
19        necessary to enable the infant or toddler to benefit
20        from the other early intervention services,
21            (L) vision services,
22            (M) transportation, and
23            (N) assistive technology devices and services;
24        (8) are provided by qualified personnel, including but
25    not limited to:
26            (A) child development specialists or special



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1        educators,
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) nutritionists,
9            (H) optometrists,
10            (I) psychologists, and
11            (J) physicians;
12        (9) are provided in conformity with an Individualized
13    Family Service Plan;
14        (10) are provided throughout the year; and
15        (11) are provided in natural environments, to the
16    maximum extent appropriate, which may include including
17    the home and community settings, unless justification is
18    provided consistent with federal regulations adopted under
19    Sections 1431 through 1444 of Title 20 of the United States
20    Code in which infants and toddlers without disabilities
21    would participate to the extent determined by the
22    multidisciplinary Individualized Family Service Plan.
23    (f) "Individualized Family Service Plan" or "Plan" means a
24written plan for providing early intervention services to a
25child eligible under this Act and the child's family, as set
26forth in Section 11.



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1    (g) "Local interagency agreement" means an agreement
2entered into by local community and State and regional agencies
3receiving early intervention funds directly from the State and
4made in accordance with State interagency agreements providing
5for the delivery of early intervention services within a local
6community area.
7    (h) "Council" means the Illinois Interagency Council on
8Early Intervention established under Section 4.
9    (i) "Lead agency" means the State agency responsible for
10administering this Act and receiving and disbursing public
11funds received in accordance with State and federal law and
13    (i-5) "Central billing office" means the central billing
14office created by the lead agency under Section 13.
15    (j) "Child find" means a service which identifies eligible
16infants and toddlers.
17    (k) "Regional intake entity" means the lead agency's
18designated entity responsible for implementation of the Early
19Intervention Services System within its designated geographic
21    (l) "Early intervention provider" means an individual who
22is qualified, as defined by the lead agency, to provide one or
23more types of early intervention services, and who has enrolled
24as a provider in the early intervention program.
25    (m) "Fully credentialed early intervention provider" means
26an individual who has met the standards in the State applicable



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1to the relevant profession, and has met such other
2qualifications as the lead agency has determined are suitable
3for personnel providing early intervention services, including
4pediatric experience, education, and continuing education. The
5lead agency shall establish these qualifications by rule filed
6no later than 180 days after the effective date of this
7amendatory Act of the 92nd General Assembly.
8(Source: P.A. 92-307, 8-9-01; 93-124, eff. 7-10-03.)
9    (325 ILCS 20/4)  (from Ch. 23, par. 4154)
10    Sec. 4. Illinois Interagency Council on Early
12    (a) There is established the Illinois Interagency Council
13on Early Intervention. The Council shall be composed of at
14least 20 15 but not more than 30 25 members. The members of the
15Council and the designated chairperson of the Council shall be
16appointed by the Governor. The Council member representing the
17lead agency may not serve as chairperson of the Council. The
18Council shall be composed of the following members:
19        (1) The Secretary of Human Services (or his or her
20    designee) and 2 additional representatives of the
21    Department of Human Services designated by the Secretary,
22    plus the Directors (or their designees) of the following
23    State agencies involved in the provision of or payment for
24    early intervention services to eligible infants and
25    toddlers and their families:



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1            (A) Illinois State Board of Education;
2            (B) (Blank);
3            (C) (Blank);
4            (D) Illinois Department of Children and Family
5        Services;
6            (E) University of Illinois Division of Specialized
7        Care for Children;
8            (F) Illinois Department of Healthcare and Family
9        Services;
10            (G) Illinois Department of Public Health;
11            (H) (Blank);
12            (I) Illinois Planning Council on Developmental
13        Disabilities; and
14            (A) (J) Illinois Department of Insurance; and .
15            (B) Department of Healthcare and Family Services.
16        (2) Other members as follows:
17            (A) At least 20% of the members of the Council
18        shall be parents, including minority parents, of
19        infants or toddlers with disabilities or children with
20        disabilities aged 12 or younger, with knowledge of, or
21        experience with, programs for infants and toddlers
22        with disabilities. At least one such member shall be a
23        parent of an infant or toddler with a disability or a
24        child with a disability aged 6 or younger;
25            (B) At least 20% of the members of the Council
26        shall be public or private providers of early



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1        intervention services;
2            (C) One member shall be a representative of the
3        General Assembly; and
4            (D) One member shall be involved in the preparation
5        of professional personnel to serve infants and
6        toddlers similar to those eligible for services under
7        this Act; .
8            (E) Two members shall be from advocacy
9        organizations with expertise in improving health,
10        development, and educational outcomes for infants and
11        toddlers with disabilities;
12            (F) One member shall be a Child and Family
13        Connections manager from a rural district;
14            (G) One member shall be a Child and Family
15        Connections manager from an urban district;
16            (H) One member shall be the co-chair of the
17        Illinois Early Learning Council (or his or her
18        designee); and
19            (I) Members representing the following agencies or
20        entities: the State Board of Education; the Department
21        of Public Health; the Department of Children and Family
22        Services; the University of Illinois Division of
23        Specialized Care for Children; the Illinois Council on
24        Developmental Disabilities; Head Start or Early Head
25        Start; and the Department of Human Services' Division
26        of Mental Health. A member may represent one or more of



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1        the listed agencies or entities.
2    The Council shall meet at least quarterly and in such
3places as it deems necessary. Terms of the initial members
4appointed under paragraph (2) shall be determined by lot at the
5first Council meeting as follows: of the persons appointed
6under subparagraphs (A) and (B), one-third shall serve one year
7terms, one-third shall serve 2 year terms, and one-third shall
8serve 3 year terms; and of the persons appointed under
9subparagraphs (C) and (D), one shall serve a 2 year term and
10one shall serve a 3 year term. Thereafter, successors appointed
11under paragraph (2) shall serve 3 year terms. Once appointed,
12members shall continue to serve until their successors are
13appointed. No member shall be appointed to serve more than 2
14consecutive terms.
15    Council members shall serve without compensation but shall
16be reimbursed for reasonable costs incurred in the performance
17of their duties, including costs related to child care, and
18parents may be paid a stipend in accordance with applicable
20    The Council shall prepare and approve a budget using funds
21appropriated for the purpose to hire staff, and obtain the
22services of such professional, technical, and clerical
23personnel as may be necessary to carry out its functions under
24this Act. This funding support and staff shall be directed by
25the lead agency.
26    (b) The Council shall:



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1        (1) advise and assist the lead agency in the
2    performance of its responsibilities including but not
3    limited to the identification of sources of fiscal and
4    other support services for early intervention programs,
5    and the promotion of interagency agreements which assign
6    financial responsibility to the appropriate agencies;
7        (2) advise and assist the lead agency in the
8    preparation of applications and amendments to
9    applications;
10        (3) review and advise on relevant regulations and
11    standards proposed by the related State agencies;
12        (4) advise and assist the lead agency in the
13    development, implementation and evaluation of the
14    comprehensive early intervention services system; and
15        (5) prepare and submit an annual report to the Governor
16    and to the General Assembly on the status of early
17    intervention programs for eligible infants and toddlers
18    and their families in Illinois. The annual report shall
19    include (i) the estimated number of eligible infants and
20    toddlers in this State, (ii) the number of eligible infants
21    and toddlers who have received services under this Act and
22    the cost of providing those services, (iii) the estimated
23    cost of providing services under this Act to all eligible
24    infants and toddlers in this State, and (iv) data and other
25    information as is requested to be included by the
26    Legislative Advisory Committee established under Section



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1    13.50 of this Act. The report shall be posted by the lead
2    agency on the early intervention website as required under
3    paragraph (f) of Section 5 of this Act.
4    No member of the Council shall cast a vote on or
5participate substantially in any matter which would provide a
6direct financial benefit to that member or otherwise give the
7appearance of a conflict of interest under State law. All
8provisions and reporting requirements of the Illinois
9Governmental Ethics Act shall apply to Council members.
10(Source: P.A. 95-331, eff. 8-21-07.)
11    (325 ILCS 20/8)  (from Ch. 23, par. 4158)
12    Sec. 8. Authority to Promulgate Rules and Regulations. The
13lead agency shall develop rules and regulations under this Act
14within one year of the effective date of this Act. These rules
15shall reflect the intent of federal regulations adopted under
16Part C of the Individuals with Disabilities Education
17Improvement Act of 2004 (Sections 1431 through 1444 of Title 20
18of the United States Code) Part H of the Individuals with
19Disabilities Education Act (20 United States Code 1471 through
21(Source: P.A. 87-680.)
22    (325 ILCS 20/11)  (from Ch. 23, par. 4161)
23    Sec. 11. Individualized Family Service Plans.
24    (a) Each eligible infant or toddler and that infant's or



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1toddler's family shall receive:
2        (1) timely, comprehensive, multidisciplinary
3    assessment of the unique needs of each eligible infant and
4    toddler, and assessment of the concerns and priorities of
5    the families to appropriately assist them in meeting their
6    needs and identify services to meet those needs; and
7        (2) a written Individualized Family Service Plan
8    developed by a multidisciplinary team which includes the
9    parent or guardian. The individualized family service plan
10    shall be based on the multidisciplinary team's assessment
11    of the resources, priorities, and concerns of the family
12    and its identification of the supports and services
13    necessary to enhance the family's capacity to meet the
14    developmental needs of the infant or toddler, and shall
15    include the identification of services appropriate to meet
16    those needs, including the frequency, intensity, and
17    method of delivering services. During and as part of the
18    initial development of the individualized family services
19    plan, and any periodic reviews of the plan, the
20    multidisciplinary team shall consult the lead agency's
21    therapy guidelines and its designated experts, if any, to
22    help determine appropriate services and the frequency and
23    intensity of those services. All services in the
24    individualized family services plan must be justified by
25    the multidisciplinary assessment of the unique strengths
26    and needs of the infant or toddler and must be appropriate



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1    to meet those needs. At the periodic reviews, the team
2    shall determine whether modification or revision of the
3    outcomes or services is necessary.
4    (b) The Individualized Family Service Plan shall be
5evaluated once a year and the family shall be provided a review
6of the Plan at 6 month intervals or more often where
7appropriate based on infant or toddler and family needs. The
8lead agency shall create a quality review process regarding
9Individualized Family Service Plan development and changes
10thereto, to monitor and help assure that resources are being
11used to provide appropriate early intervention services.
12    (c) The evaluation and initial assessment and initial Plan
13meeting must be held within 45 days after the initial contact
14with the early intervention services system. With parental
15consent, early intervention services may commence before the
16completion of the comprehensive assessment and development of
17the Plan.
18    (d) Parents must be informed that, at their discretion,
19early intervention services shall be provided to each eligible
20infant and toddler in the natural environment, which may
21include the home or other community settings. Parents shall
22make the final decision to accept or decline early intervention
23services. A decision to decline such services shall not be a
24basis for administrative determination of parental fitness, or
25other findings or sanctions against the parents. Parameters of
26the Plan shall be set forth in rules.



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1    (e) The regional intake offices shall explain to each
2family, orally and in writing, all of the following:
3        (1) That the early intervention program will pay for
4    all early intervention services set forth in the
5    individualized family service plan that are not covered or
6    paid under the family's public or private insurance plan or
7    policy and not eligible for payment through any other third
8    party payor.
9        (2) That services will not be delayed due to any rules
10    or restrictions under the family's insurance plan or
11    policy.
12        (3) That the family may request, with appropriate
13    documentation supporting the request, a determination of
14    an exemption from private insurance use under Section
15    13.25.
16        (4) That responsibility for co-payments or
17    co-insurance under a family's private insurance plan or
18    policy will be transferred to the lead agency's central
19    billing office.
20        (5) That families will be responsible for payments of
21    family fees, which will be based on a sliding scale
22    according to income, and that these fees are payable to the
23    central billing office, and that if the family encounters a
24    catastrophic circumstance, as defined under subsection (f)
25    of Section 13 of this Act, making it unable to pay the
26    fees, the lead agency may, upon proof of inability to pay,



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1    waive the fees.
2    (f) The individualized family service plan must state
3whether the family has private insurance coverage and, if the
4family has such coverage, must have attached to it a copy of
5the family's insurance identification card or otherwise
6include all of the following information:
7        (1) The name, address, and telephone number of the
8    insurance carrier.
9        (2) The contract number and policy number of the
10    insurance plan.
11        (3) The name, address, and social security number of
12    the primary insured.
13        (4) The beginning date of the insurance benefit year.
14    (g) A copy of the individualized family service plan must
15be provided to each enrolled provider who is providing early
16intervention services to the child who is the subject of that
18    (h) Children receiving services under this Act shall
19receive a smooth and effective transition by their third
20birthday consistent with federal regulations adopted pursuant
21to Sections 1431 through 1444 of Title 20 of the United States
23(Source: P.A. 91-538, eff. 8-13-99; 92-10, eff. 6-11-01;
2492-307, eff. 8-9-01; 92-651, eff. 7-11-02.)
25    Section 99. Effective date. This Act takes effect upon
26becoming law.