Full Text of SB0820 97th General Assembly
SB0820sam001 97TH GENERAL ASSEMBLY | Sen. Heather A. Steans Filed: 3/22/2012
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| 1 | | AMENDMENT TO SENATE BILL 820
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 820 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, 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 | 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 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 | 21 | | the following
areas of childhood development as measured by | 22 | | appropriate diagnostic
instruments and standard procedures: | 23 | | cognitive; physical, including vision
and hearing; language, | 24 | | speech and communication; psycho-social;
or self-help skills. | 25 | | The term means a delay of 30% or more below the mean in
| 26 | | function in one or more of those areas.
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| 1 | | (c) "Physical or mental condition which typically results | 2 | | in 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 | 13 | | observations and
parental participation to determine | 14 | | eligibility by a consensus of a
multidisciplinary team of 2 or | 15 | | more members based on their professional
experience and | 16 | | expertise.
| 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 | 5 | | written plan for
providing early intervention services to a | 6 | | child eligible under this Act
and the child's family, as set | 7 | | forth in Section 11.
| 8 | | (g) "Local interagency agreement" means an agreement | 9 | | entered into by
local community and State and regional agencies | 10 | | receiving early
intervention funds directly from the State and | 11 | | made in accordance with
State interagency agreements providing | 12 | | for the delivery of early
intervention services within a local | 13 | | community area.
| 14 | | (h) "Council" means the Illinois Interagency Council on | 15 | | Early
Intervention established under Section 4.
| 16 | | (i) "Lead agency" means the State agency
responsible for | 17 | | administering this Act and
receiving and disbursing public | 18 | | funds received in accordance with State and
federal law and | 19 | | rules.
| 20 | | (i-5) "Central billing office" means the central billing | 21 | | office created by
the lead agency under Section 13.
| 22 | | (j) "Child find" means a service which identifies eligible | 23 | | infants and
toddlers.
| 24 | | (k) "Regional intake entity" means the lead agency's | 25 | | designated entity
responsible for implementation of the Early | 26 | | Intervention Services System within
its designated geographic |
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| 1 | | area.
| 2 | | (l) "Early intervention provider" means an individual who | 3 | | is qualified, as
defined by the lead agency, to provide one or | 4 | | more types of early intervention
services, and who has enrolled | 5 | | as a provider in the early intervention program.
| 6 | | (m) "Fully credentialed early intervention provider" means | 7 | | an individual who
has met the standards in the State applicable | 8 | | to the relevant
profession, and has met such other | 9 | | qualifications as the lead agency has
determined are suitable | 10 | | for personnel providing early intervention services,
including | 11 | | pediatric experience, education, and continuing education. The | 12 | | lead
agency shall establish these qualifications by rule filed | 13 | | no later than 180
days
after the effective date of this | 14 | | amendatory 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 | 18 | | Intervention.
| 19 | | (a) There is established the Illinois Interagency Council | 20 | | on Early
Intervention. The Council shall be composed of at | 21 | | least 20 15 but not more than
30 25 members. The members of the | 22 | | Council and the designated chairperson of the
Council shall be | 23 | | appointed by the Governor. The Council member representing the
| 24 | | lead agency may not serve as chairperson of the Council. The | 25 | | Council 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 2
additional representatives of the | 3 | | Department of Human Services designated by
the Secretary, | 4 | | plus the Directors (or their designees) of the following | 5 | | State
agencies involved in the provision of or payment for | 6 | | early intervention
services to eligible infants and | 7 | | 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 Department of Human Services' Division | 7 | | of Mental Health. A member may represent one or more of | 8 | | the listed agencies or entities. | 9 | | The Council shall meet at least quarterly and in such | 10 | | places as it deems
necessary. Terms of the initial members | 11 | | appointed under paragraph (2) shall be
determined by lot at the | 12 | | first Council meeting as follows: of the persons
appointed | 13 | | under subparagraphs (A) and (B), one-third shall serve one year
| 14 | | terms, one-third shall serve 2 year terms, and one-third shall | 15 | | serve 3 year
terms; and of the persons appointed under | 16 | | subparagraphs (C) and (D), one
shall serve a 2 year term and | 17 | | one shall serve a 3 year term. Thereafter,
successors appointed | 18 | | under paragraph (2) shall serve 3 year terms. Once
appointed, | 19 | | members shall continue to serve until their successors are
| 20 | | appointed. No member shall be appointed to serve more than 2 | 21 | | consecutive
terms.
| 22 | | Council members shall serve without compensation but shall | 23 | | be reimbursed
for reasonable costs incurred in the performance | 24 | | of their duties, including
costs related to child care, and | 25 | | parents may be paid a stipend in accordance
with applicable | 26 | | requirements.
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| 1 | | The Council shall prepare and approve a budget using funds | 2 | | appropriated
for the purpose to hire staff, and obtain the | 3 | | services of such
professional, technical, and clerical | 4 | | personnel as may be necessary to
carry out its functions under | 5 | | this Act. This funding support and staff
shall be directed by | 6 | | the 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.
| 11 | | No member of the Council shall cast a vote on or | 12 | | participate substantially
in any matter which would provide a | 13 | | direct financial benefit to that member
or otherwise give the | 14 | | appearance of a conflict of interest under State law.
All | 15 | | provisions and reporting requirements of the Illinois | 16 | | Governmental Ethics
Act shall apply to Council members.
| 17 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 18 | | (325 ILCS 20/8) (from Ch. 23, par. 4158)
| 19 | | Sec. 8. Authority to Promulgate Rules and Regulations. The | 20 | | lead
agency shall develop rules and regulations under this Act | 21 | | within one year
of the effective date of this Act. These rules | 22 | | shall reflect the intent of
federal regulations adopted under | 23 | | Part C of the Individuals with Disabilities Education | 24 | | Improvement Act of 2004 (Sections 1431 through 1444 of Title 20 | 25 | | of the United States Code) Part H of the Individuals with
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| 1 | | Disabilities Education Act (20 United States Code 1471 through | 2 | | 1485) .
| 3 | | (Source: P.A. 87-680.)
| 4 | | (325 ILCS 20/11) (from Ch. 23, par. 4161)
| 5 | | Sec. 11. Individualized Family Service Plans.
| 6 | | (a) Each eligible infant or toddler and that infant's or | 7 | | toddler's family
shall receive:
| 8 | | (1) timely, comprehensive, multidisciplinary | 9 | | assessment of the unique
needs of each eligible infant and | 10 | | toddler, and assessment of the concerns
and priorities of | 11 | | the families to appropriately assist them in meeting
their | 12 | | needs and identify services to meet those needs; and
| 13 | | (2) a written Individualized Family Service Plan | 14 | | developed by a
multidisciplinary team which includes the | 15 | | parent or guardian. The
individualized family service plan | 16 | | shall be based on the
multidisciplinary team's assessment | 17 | | of the resources, priorities,
and concerns of the family | 18 | | and its identification of the supports
and services | 19 | | necessary to enhance the family's capacity to meet the
| 20 | | developmental needs of the infant or toddler, and shall | 21 | | include the
identification of services appropriate to meet | 22 | | those needs, including the
frequency, intensity, and | 23 | | method of delivering services. During and as part of
the | 24 | | initial development of the individualized family services | 25 | | plan, and any
periodic reviews of the plan, the |
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| 1 | | multidisciplinary team shall consult the lead
agency's | 2 | | therapy guidelines and its designated experts, if any, to | 3 | | help
determine appropriate services and the frequency and | 4 | | intensity of those
services. All services in the | 5 | | individualized family services plan must be
justified by | 6 | | the multidisciplinary assessment of the unique strengths | 7 | | and
needs of the infant or toddler and must be appropriate | 8 | | to meet those needs.
At the periodic reviews, the team | 9 | | shall determine whether modification or
revision of the | 10 | | outcomes or services is necessary.
| 11 | | (b) The Individualized Family Service Plan shall be | 12 | | evaluated once a year
and the family shall be provided a review | 13 | | of the Plan at 6 month intervals or
more often where | 14 | | appropriate based on infant or toddler and family needs.
The | 15 | | lead agency shall create a quality review process regarding | 16 | | Individualized
Family Service Plan development and changes | 17 | | thereto, to monitor
and help assure that resources are being | 18 | | used to provide appropriate early
intervention services.
| 19 | | (c) The evaluation and initial assessment and initial
Plan | 20 | | meeting must be held within 45 days after the initial
contact | 21 | | with the early intervention services system. With parental | 22 | | consent,
early intervention services may commence before the | 23 | | completion of the
comprehensive assessment and development of | 24 | | the Plan.
| 25 | | (d) Parents must be informed that, at their discretion, | 26 | | early
intervention
services shall be provided to each eligible |
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| 1 | | infant and toddler in the natural
environment, which may | 2 | | include the home or other community settings. Parents
shall | 3 | | make
the final decision to accept or decline
early intervention | 4 | | services. A decision to decline such services shall
not be a | 5 | | basis for administrative determination of parental fitness, or
| 6 | | other findings or sanctions against the parents. Parameters of | 7 | | the Plan
shall be set forth in rules.
| 8 | | (e) The regional intake offices shall explain to each | 9 | | family, orally and
in
writing, all of the following:
| 10 | | (1) That the early intervention program will pay for | 11 | | all early
intervention services set forth in the | 12 | | individualized family service plan that
are not
covered or | 13 | | paid under the family's public or private insurance plan or | 14 | | policy
and not
eligible for payment through any other third | 15 | | party payor.
| 16 | | (2) That services will not be delayed due to any rules | 17 | | or restrictions
under the family's insurance plan or | 18 | | policy.
| 19 | | (3) That the family may request, with appropriate | 20 | | documentation
supporting the request, a
determination of | 21 | | an exemption from private insurance use under
Section | 22 | | 13.25.
| 23 | | (4) That responsibility for co-payments or
| 24 | | co-insurance under a family's private insurance
plan or | 25 | | policy will be transferred to the lead
agency's central | 26 | | billing office.
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| 1 | | (5) That families will be responsible
for payments of | 2 | | family fees,
which will be based on a sliding scale
| 3 | | according to income, and that these fees
are payable to the | 4 | | central billing office,
and that if the family encounters a
| 5 | | catastrophic circumstance, as defined under subsection (f) | 6 | | of Section 13 of
this Act, making it unable
to pay the | 7 | | fees, the lead agency may, upon
proof of inability to pay, | 8 | | waive the fees.
| 9 | | (f) The individualized family service plan must state | 10 | | whether the family
has private insurance coverage and, if the | 11 | | family has such coverage, must
have attached to it a copy of | 12 | | the family's insurance identification card or
otherwise
| 13 | | include all of the following information:
| 14 | | (1) The name, address, and telephone number of the | 15 | | insurance
carrier.
| 16 | | (2) The contract number and policy number of the | 17 | | insurance plan.
| 18 | | (3) The name, address, and social security number of | 19 | | the primary
insured.
| 20 | | (4) The beginning date of the insurance benefit year.
| 21 | | (g) A copy of the individualized family service plan must | 22 | | be provided to
each enrolled provider who is providing early | 23 | | intervention services to the
child
who is the subject of that | 24 | | plan.
| 25 | | (h) Children receiving services under this Act shall | 26 | | receive a smooth and effective transition by their third |
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| 1 | | birthday consistent with federal regulations adopted pursuant | 2 | | to Sections 1431 through 1444 of Title 20 of the United States | 3 | | Code. | 4 | | (Source: P.A. 91-538, eff. 8-13-99; 92-10, eff. 6-11-01; | 5 | | 92-307, eff. 8-9-01;
92-651, eff. 7-11-02.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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