State of Illinois
92nd General Assembly
Legislation

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92_HB3808

 
                                               LRB9213314DJgc

 1        AN ACT concerning children.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Early Intervention Services System Act is
 5    amended by changing Section 11 as follows:

 6        (325 ILCS 20/11) (from Ch. 23, par. 4161)
 7        Sec. 11.  Individualized Family Service Plans.
 8        (a)  Each eligible infant or toddler and that infant's or
 9    toddler's family shall receive:
10             (1)  timely,    comprehensive,     multidisciplinary
11        assessment  of  the  unique needs of each eligible infant
12        and  toddler,  and  assessment  of   the   concerns   and
13        priorities  of  the families to appropriately assist them
14        in meeting their needs  and  identify  services  to  meet
15        those needs; and
16             (2)  a  written  Individualized  Family Service Plan
17        developed by a multidisciplinary team that which includes
18        the parent or guardian. The individualized family service
19        plan shall  be  based  on  the  multidisciplinary  team's
20        assessment  of the resources, priorities, and concerns of
21        the family and its identification  of  the  supports  and
22        services  necessary  to  enhance the family's capacity to
23        meet the developmental needs of the  infant  or  toddler,
24        and   shall   include   the  identification  of  services
25        appropriate to meet those needs, including the frequency,
26        intensity, and method of delivering services.  During and
27        as part of the initial development of the  individualized
28        family  services  plan,  and  any periodic reviews of the
29        plan, the multidisciplinary team shall consult  the  lead
30        agency's  therapy  guidelines and its designated experts,
31        if any, to help determine appropriate  services  and  the
 
                            -2-                LRB9213314DJgc
 1        frequency  and intensity of those services.  All services
 2        in  the  individualized  family  services  plan  must  be
 3        justified by  the  multidisciplinary  assessment  of  the
 4        unique  strengths  and needs of the infant or toddler and
 5        must be appropriate to meet those needs.  At the periodic
 6        reviews, the team shall determine whether modification or
 7        revision of the outcomes or services is necessary.
 8        (b)  The Individualized  Family  Service  Plan  shall  be
 9    evaluated  once  a  year  and  the family shall be provided a
10    review of the Plan at 6 month intervals or more  often  where
11    appropriate  based on infant or toddler and family needs. The
12    lead agency shall create a quality review  process  regarding
13    Individualized  Family  Service  Plan development and changes
14    thereto, to monitor and help assure that resources are  being
15    used to provide appropriate early intervention services.
16        (c)  The  evaluation  and  initial assessment and initial
17    Plan meeting must be held within 45 days  after  the  initial
18    contact  with  the  early  intervention services system. With
19    parental consent, early intervention  services  may  commence
20    before  the  completion  of  the comprehensive assessment and
21    development of the Plan.
22        (d)  Parents must be informed that, at their  discretion,
23    early   intervention  services  shall  be  provided  to  each
24    eligible infant and toddler in the natural environment, which
25    may include the home or other  community  settings.   Parents
26    shall  make  the  final  decision  to accept or decline early
27    intervention services. A decision to  decline  such  services
28    shall  not  be  a  basis  for administrative determination of
29    parental fitness, or other findings or sanctions against  the
30    parents. Parameters of the Plan shall be set forth in rules.
31        (e)  The  regional  intake  offices shall explain to each
32    family, orally and in writing, all of the following:
33             (1)  That the early intervention  program  will  pay
34        for  all  early  intervention  services  set forth in the
 
                            -3-                LRB9213314DJgc
 1        individualized family service plan that are  not  covered
 2        or  paid  under  the family's public or private insurance
 3        plan or policy and not eligible for payment  through  any
 4        other third party payor.
 5             (2)  That  services  will  not be delayed due to any
 6        rules or restrictions under the family's  insurance  plan
 7        or 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
17        of family fees, which will be based on  a  sliding  scale
18        according  to  income, and that these fees are payable to
19        the central  billing  office,  and  that  if  the  family
20        encounters  a catastrophic circumstance, as defined under
21        subsection (f) of Section  13  of  this  Act,  making  it
22        unable  to  pay the fees, the lead agency may, upon proof
23        of inability to pay, waive the fees.
24        (f)  The individualized family service  plan  must  state
25    whether the family has private insurance coverage and, if the
26    family  has such coverage, must have attached to it a copy of
27    the  family's  insurance  identification  card  or  otherwise
28    include all of the following information:
29             (1)  The name, address, and telephone number of  the
30        insurance carrier.
31             (2)  The  contract  number  and policy number of the
32        insurance plan.
33             (3)  The name, address, and social  security  number
34        of the primary insured.
 
                            -4-                LRB9213314DJgc
 1             (4)  The  beginning  date  of  the insurance benefit
 2        year.
 3        (g)  A copy of the  individualized  family  service  plan
 4    must  be  provided to each enrolled provider who is providing
 5    early intervention services to the child who is  the  subject
 6    of that plan.
 7    (Source:  P.A.  91-538,  eff.  8-13-99;  92-10, eff. 6-11-01;
 8    92-307, eff. 8-9-01; revised 10-15-01.)

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