Sen. David Koehler

Filed: 3/28/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 155 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Early Intervention Services System Act is
5amended by changing Section 3 and by adding Section 3a as
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
10toddlers under 36 months of age with any of the following
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
22the following areas of childhood development as measured by
23appropriate diagnostic instruments and standard procedures:
24cognitive; physical, including vision and hearing; language,
25speech and communication; social or emotional; or adaptive. The
26term means a delay of 30% or more below the mean in function in



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1one or more of those areas.
2    (c) "Physical or mental condition which typically results
3in 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
15observations and parental participation to determine
16eligibility by a consensus of a multidisciplinary team of 2 or
17more members based on their professional experience and
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
11written plan for providing early intervention services to a
12child eligible under this Act and the child's family, as set
13forth in Section 11.
14    (g) "Local interagency agreement" means an agreement
15entered into by local community and State and regional agencies
16receiving early intervention funds directly from the State and
17made in accordance with State interagency agreements providing
18for the delivery of early intervention services within a local
19community area.
20    (h) "Council" means the Illinois Interagency Council on
21Early Intervention established under Section 4.
22    (i) "Lead agency" means the State agency responsible for
23administering this Act and receiving and disbursing public
24funds received in accordance with State and federal law and
26    (i-5) "Central billing office" means the central billing



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1office created by the lead agency under Section 13.
2    (j) "Child find" means a service which identifies eligible
3infants and toddlers.
4    (k) "Regional intake entity" means the lead agency's
5designated entity responsible for implementation of the Early
6Intervention Services System within its designated geographic
8    (l) "Early intervention provider" means an individual who
9is qualified, as defined by the lead agency, to provide one or
10more types of early intervention services, and who has enrolled
11as a provider in the early intervention program.
12    (m) "Fully credentialed early intervention provider" means
13an individual who has met the standards in the State applicable
14to the relevant profession, and has met such other
15qualifications as the lead agency has determined are suitable
16for personnel providing early intervention services, including
17pediatric experience, education, and continuing education. The
18lead agency shall establish these qualifications by rule filed
19no later than 180 days after the effective date of this
20amendatory 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
24effective date of this amendatory Act of the 101st General
25Assembly, the lead agency shall adopt rules to update 89 Ill.



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1Adm. Code 500.Appendix E by: (i) expanding the list of Medical
2Conditions Resulting in High Probability of Developmental
3Delay to include lead poisoning as a medical condition approved
4by the lead agency for the purposes of this Act; and (ii)
5defining "confirmed blood lead level" and "elevated blood lead
6level" or "EBL" to have the same meanings ascribed to those
7terms by the Department of Public Health in 77 Ill. Adm. Code