Illinois General Assembly - Full Text of HB4716
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Full Text of HB4716  97th General Assembly


Rep. Robyn Gabel

Filed: 3/2/2012





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2    AMENDMENT NO. ______. Amend House Bill 4716 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Early Intervention Services System Act is
5amended by changing Sections 3, 4, 7, 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



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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)
8    psycho-social, or (v) self-help skills, that is at least at
9    the mean of the child's age equivalent peers; and, in
10    addition to either item (A) or item (B), (C) having been
11    determined by the multidisciplinary individualized family
12    service plan team to require the continuation of early
13    intervention services in order to support continuing
14    developmental progress, pursuant to the child's needs and
15    provided in an appropriate developmental manner. The type,
16    frequency, and intensity of services shall differ from the
17    initial individualized family services plan because of the
18    child's developmental progress, and may consist of only
19    service coordination, evaluation, and assessments.
20    (b) "Developmental delay" means a delay in one or more of
21the following areas of childhood development as measured by
22appropriate diagnostic instruments and standard procedures:
23cognitive; physical, including vision and hearing; language,
24speech and communication; psycho-social; or self-help skills.
25The term means a delay of 30% or more below the mean in
26function in one or more of those areas.



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1    (c) "Physical or mental condition which typically results
2in developmental delay" means:
3        (1) a diagnosed medical disorder bearing a relatively
4    well known expectancy for developmental outcomes within
5    varying ranges of developmental disabilities; or
6        (2) a history of prenatal, perinatal, neonatal or early
7    developmental events suggestive of biological insults to
8    the developing central nervous system and which either
9    singly or collectively increase the probability of
10    developing a disability or delay based on a medical
11    history.
12    (d) "Informed clinical judgment" means both clinical
13observations and parental participation to determine
14eligibility by a consensus of a multidisciplinary team of 2 or
15more members based on their professional experience and
17    (e) "Early intervention services" means services which:
18        (1) are designed to meet the developmental needs of
19    each child eligible under this Act and the needs of his or
20    her family;
21        (2) are selected in collaboration with the child's
22    family;
23        (3) are provided under public supervision;
24        (4) are provided at no cost except where a schedule of
25    sliding scale fees or other system of payments by families
26    has been adopted in accordance with State and federal law;



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1        (5) are designed to meet an infant's or toddler's
2    developmental needs in any of the following areas:
3            (A) physical development, including vision and
4        hearing,
5            (B) cognitive development,
6            (C) communication development,
7            (D) social or emotional development, or
8            (E) adaptive development;
9        (6) meet the standards of the State, including the
10    requirements of this Act;
11        (7) include one or more of the following:
12            (A) family training,
13            (B) social work services, including counseling,
14        and home visits,
15            (C) special instruction,
16            (D) speech, language pathology and audiology,
17            (E) occupational therapy,
18            (F) physical therapy,
19            (G) psychological services,
20            (H) service coordination services,
21            (I) medical services only for diagnostic or
22        evaluation purposes,
23            (J) early identification, screening, and
24        assessment services,
25            (K) health services specified by the lead agency as
26        necessary to enable the infant or toddler to benefit



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1        from the other early intervention services,
2            (L) vision services,
3            (M) transportation, and
4            (N) assistive technology devices and services;
5        (8) are provided by qualified personnel, including but
6    not limited to:
7            (A) child development specialists or special
8        educators,
9            (B) speech and language pathologists and
10        audiologists,
11            (C) occupational therapists,
12            (D) physical therapists,
13            (E) social workers,
14            (F) nurses,
15            (G) nutritionists,
16            (H) optometrists,
17            (I) psychologists, and
18            (J) physicians;
19        (9) are provided in conformity with an Individualized
20    Family Service Plan;
21        (10) are provided throughout the year; and
22        (11) are provided in natural environments, to the
23    maximum extent appropriate, which may include including
24    the home and community settings, unless justification is
25    provided consistent with federal regulations adopted under
26    Sections 1431 through 1444 of Title 20 of the United States



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1    Code in which infants and toddlers without disabilities
2    would participate to the extent determined by the
3    multidisciplinary Individualized Family Service Plan.
4    (f) "Individualized Family Service Plan" or "Plan" means a
5written plan for providing early intervention services to a
6child eligible under this Act and the child's family, as set
7forth in Section 11.
8    (g) "Local interagency agreement" means an agreement
9entered into by local community and State and regional agencies
10receiving early intervention funds directly from the State and
11made in accordance with State interagency agreements providing
12for the delivery of early intervention services within a local
13community area.
14    (h) "Council" means the Illinois Interagency Council on
15Early Intervention established under Section 4.
16    (i) "Lead agency" means the State agency responsible for
17administering this Act and receiving and disbursing public
18funds received in accordance with State and federal law and
20    (i-5) "Central billing office" means the central billing
21office created by the lead agency under Section 13.
22    (j) "Child find" means a service which identifies eligible
23infants and toddlers.
24    (k) "Regional intake entity" means the lead agency's
25designated entity responsible for implementation of the Early
26Intervention Services System within its designated geographic



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2    (l) "Early intervention provider" means an individual who
3is qualified, as defined by the lead agency, to provide one or
4more types of early intervention services, and who has enrolled
5as a provider in the early intervention program.
6    (m) "Fully credentialed early intervention provider" means
7an individual who has met the standards in the State applicable
8to the relevant profession, and has met such other
9qualifications as the lead agency has determined are suitable
10for personnel providing early intervention services, including
11pediatric experience, education, and continuing education. The
12lead agency shall establish these qualifications by rule filed
13no later than 180 days after the effective date of this
14amendatory Act of the 92nd General Assembly.
15(Source: P.A. 92-307, 8-9-01; 93-124, eff. 7-10-03.)
16    (325 ILCS 20/4)  (from Ch. 23, par. 4154)
17    Sec. 4. Illinois Interagency Council on Early
19    (a) There is established the Illinois Interagency Council
20on Early Intervention. The Council shall be composed of at
21least 15 but not more than 25 members. The members of the
22Council and the designated chairperson of the Council shall be
23appointed by the Governor. The Council member representing the
24lead agency may not serve as chairperson of the Council. The
25Council shall be composed of the following members:



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1        (1) The Secretary of Human Services (or his or her
2    designee) and one 2 additional representative
3    representatives of the Department of Human Services
4    designated by the Secretary, plus the Directors (or their
5    designees) of the following State agencies involved in the
6    provision of or payment for early intervention services to
7    eligible infants and toddlers and their families:
8            (A) Illinois State Board of Education;
9            (B) (Blank);
10            (C) (Blank);
11            (D) Illinois Department of Children and Family
12        Services;
13            (E) University of Illinois Division of Specialized
14        Care for Children;
15            (F) Illinois Department of Healthcare and Family
16        Services;
17            (G) Illinois Department of Public Health;
18            (H) (Blank);
19            (I) Illinois Planning Council on Developmental
20        Disabilities; and
21            (A) (J) Illinois Department of Insurance; and .
22            (B) Department of Healthcare and Family Services.
23        (2) Other members as follows:
24            (A) At least 20% of the members of the Council
25        shall be parents, including minority parents, of
26        infants or toddlers with disabilities or children with



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1        disabilities aged 12 or younger, with knowledge of, or
2        experience with, programs for infants and toddlers
3        with disabilities. At least one such member shall be a
4        parent of an infant or toddler with a disability or a
5        child with a disability aged 6 or younger;
6            (B) At least 20% of the members of the Council
7        shall be public or private providers of early
8        intervention services;
9            (C) One member shall be a representative of the
10        General Assembly; and
11            (D) One member shall be involved in the preparation
12        of professional personnel to serve infants and
13        toddlers similar to those eligible for services under
14        this Act; .
15            (E) Two members shall be from advocacy
16        organizations with expertise in improving health,
17        development, and educational outcomes for infants and
18        toddlers with disabilities;
19            (F) One member shall be a Child and Family
20        Connections manager from a rural district;
21            (G) One member shall be a Child and Family
22        Connections manager from an urban district;
23            (H) One member shall be the co-chair of the
24        Illinois Early Learning Council (or his or her
25        designee); and
26            (I) Members representing the following agencies or



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1        entities: the State Board of Education, the Department
2        of Public Health, the Department of Children and Family
3        Services, the University of Illinois Division of
4        Specialized Care for Children; the Illinois Council on
5        Developmental Disabilities; Head Start or Early Head
6        Start; and the Illinois Children's Mental Health
7        Partnership. A member may represent one or more of the
8        listed agencies or entities.
9    The Council shall meet at least quarterly and in such
10places as it deems necessary. Terms of the initial members
11appointed under paragraph (2) shall be determined by lot at the
12first Council meeting as follows: of the persons appointed
13under subparagraphs (A) and (B), one-third shall serve one year
14terms, one-third shall serve 2 year terms, and one-third shall
15serve 3 year terms; and of the persons appointed under
16subparagraphs (C) and (D), one shall serve a 2 year term and
17one shall serve a 3 year term. Thereafter, successors appointed
18under paragraph (2) shall serve 3 year terms. Once appointed,
19members shall continue to serve until their successors are
20appointed. No member shall be appointed to serve more than 2
21consecutive terms.
22    Council members shall serve without compensation but shall
23be reimbursed for reasonable costs incurred in the performance
24of their duties, including costs related to child care, and
25parents may be paid a stipend in accordance with applicable



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1    The Council shall prepare and approve a budget using funds
2appropriated for the purpose to hire staff, and obtain the
3services of such professional, technical, and clerical
4personnel as may be necessary to carry out its functions under
5this Act. This funding support and staff shall be directed by
6the lead agency.
7    (b) The Council shall:
8        (1) advise and assist the lead agency in the
9    performance of its responsibilities including but not
10    limited to the identification of sources of fiscal and
11    other support services for early intervention programs,
12    and the promotion of interagency agreements which assign
13    financial responsibility to the appropriate agencies;
14        (2) advise and assist the lead agency in the
15    preparation of applications and amendments to
16    applications;
17        (3) review and advise on relevant regulations and
18    standards proposed by the related State agencies;
19        (4) advise and assist the lead agency in the
20    development, implementation and evaluation of the
21    comprehensive early intervention services system; and
22        (5) prepare and submit an annual report to the Governor
23    and to the General Assembly on the status of early
24    intervention programs for eligible infants and toddlers
25    and their families in Illinois. The annual report shall
26    include (i) the estimated number of eligible infants and



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1    toddlers in this State, (ii) the number of eligible infants
2    and toddlers who have received services under this Act and
3    the cost of providing those services, (iii) the estimated
4    cost of providing services under this Act to all eligible
5    infants and toddlers in this State, and (iv) data and other
6    information as is requested to be included by the
7    Legislative Advisory Committee established under Section
8    13.50 of this Act. The report shall be posted by the lead
9    agency on the early intervention website as required under
10    paragraph (f) of Section 5 of this Act; and .
11        (6) coordinate and collaborate with the Illinois Early
12    Learning Council and, as appropriate, other State advisory
13    councils and initiatives on early learning.
14    No member of the Council shall cast a vote on or
15participate substantially in any matter which would provide a
16direct financial benefit to that member or otherwise give the
17appearance of a conflict of interest under State law. All
18provisions and reporting requirements of the Illinois
19Governmental Ethics Act shall apply to Council members.
20(Source: P.A. 95-331, eff. 8-21-07.)
21    (325 ILCS 20/7)  (from Ch. 23, par. 4157)
22    Sec. 7. Essential Components of the Statewide Service
23System. As required by federal laws and regulations, a
24statewide system of coordinated, comprehensive, interagency
25and interdisciplinary programs shall be established and



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1maintained. The framework of the statewide system shall be
2based on the components set forth in this Section. This
3framework shall be used for planning, implementation,
4coordination and evaluation of the statewide system of locally
5based early intervention services.
6    The statewide system shall include, at a minimum:
7        (a) a definition of the term "developmentally
8    delayed", in accordance with the definition in Section 3,
9    that will be used in Illinois in carrying out programs
10    under this Act;
11        (b) timetables for ensuring that appropriate early
12    intervention services will be available to all eligible
13    infants and toddlers in this State after the effective date
14    of this Act;
15        (c) a timely, comprehensive and interdisciplinary
16    evaluation of the functioning of each infant and toddler
17    with suspected disabilities in this State and the concerns,
18    priorities and resource needs of the families to
19    appropriately assist in the development of the infant and
20    toddler with disabilities;
21        (d) for each eligible infant and toddler, an
22    Individualized Family Service Plan, including case
23    management services;
24        (e) a comprehensive child find system, consistent with
25    Part B of the Individuals with Disabilities Education Act
26    (20 United States Code 1411 through 1420), which provides



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1    for referring an infant or toddler as soon as possible, but
2    in no case more than 2 working days after the child has
3    been identified includes timelines and provides for
4    participation by primary referral sources;
5        (f) a public awareness program focusing on early
6    identification of eligible infants and toddlers;
7        (g) a central directory which includes early
8    intervention services, resources, and experts available in
9    this State and early intervention research and
10    demonstration projects being conducted in this State;
11        (h) a comprehensive system of personnel development;
12        (i) a policy pertaining to the contracting or making of
13    other arrangements with public and private service
14    providers to provide early intervention services in this
15    State, consistent with the provisions of this Act,
16    including the contents of the application used and the
17    conditions of the contract or other arrangements;
18        (j) a procedure for securing timely reimbursement of
19    funds;
20        (k) procedural safeguards with respect to programs
21    under this Act;
22        (l) policies and procedures relating to the
23    establishment and maintenance of standards to ensure that
24    personnel necessary to carry out this Act are appropriately
25    and adequately prepared and trained;
26        (m) a system of evaluation of, and compliance with,



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1    program standards;
2        (n) a system for compiling data on the numbers of
3    eligible infants and toddlers and their families in this
4    State in need of appropriate early intervention services;
5    the numbers served; the types of services provided; and
6    other information required by the State or federal
7    government; and
8        (o) a single line of responsibility in a lead agency
9    designated by the Governor to carry out its
10    responsibilities as required by this Act.
11    In addition to these required components, linkages may be
12established within a local community area among the prenatal
13initiatives affording services to high risk pregnant women.
14Additional linkages among at risk programs and local literacy
15programs may also be established.
16    Within 60 days of the effective date of this Act, a
17five-fiscal-year implementation plan shall be submitted to the
18Governor by the lead agency with the concurrence of the
19Interagency Council on Early Intervention. The plan shall list
20specific activities to be accomplished each year, with cost
21estimates for each activity. No later than the second Monday in
22July of each year thereafter, the lead agency shall, with the
23concurrence of the Interagency Council, submit to the
24Governor's Office a report on accomplishments of the previous
25year and a revised list of activities for the remainder of the
26five-fiscal-year plan, with cost estimates for each. The



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1Governor shall certify that specific activities in the plan for
2the previous year have been substantially completed before
3authorizing relevant State or local agencies to implement
4activities listed in the revised plan that depend substantially
5upon completion of one or more of the earlier activities.
6(Source: P.A. 87-680.)
7    (325 ILCS 20/8)  (from Ch. 23, par. 4158)
8    Sec. 8. Authority to Promulgate Rules and Regulations. The
9lead agency shall develop rules and regulations under this Act
10within one year of the effective date of this Act. These rules
11shall reflect the intent of federal regulations adopted under
12Part C of the Individuals with Disabilities Education
13Improvement Act of 2004 (Sections 1431 through 1444 of Title 20
14of the United States Code) Part H of the Individuals with
15Disabilities Education Act (20 United States Code 1471 through
17(Source: P.A. 87-680.)
18    (325 ILCS 20/11)  (from Ch. 23, par. 4161)
19    Sec. 11. Individualized Family Service Plans.
20    (a) Each eligible infant or toddler and that infant's or
21toddler's family shall receive:
22        (1) timely, comprehensive, multidisciplinary
23    assessment of the unique needs of each eligible infant and
24    toddler, and assessment of the concerns and priorities of



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



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



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



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1the family's insurance identification card or otherwise
2include all of the following information:
3        (1) The name, address, and telephone number of the
4    insurance carrier.
5        (2) The contract number and policy number of the
6    insurance plan.
7        (3) The name, address, and social security number of
8    the primary insured.
9        (4) The beginning date of the insurance benefit year.
10    (g) A copy of the individualized family service plan must
11be provided to each enrolled provider who is providing early
12intervention services to the child who is the subject of that
14    (h) Children receiving services under this Act shall
15receive a smooth and effective transition to appropriate
16preschool programs under Part B of the Individuals with
17Disabilities Education Improvement Act of 2004 and under
18Article 14 of the School Code, or to other appropriate services
19for children between the ages of 3 and 5, by their 3rd
21(Source: P.A. 91-538, eff. 8-13-99; 92-10, eff. 6-11-01;
2292-307, eff. 8-9-01; 92-651, eff. 7-11-02.)
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".