Public Act 102-0104
 
HB3308 EnrolledLRB102 11877 BMS 17213 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Administrative Procedure Act is
amended by adding Section 5-45.8 as follows:
 
    (5 ILCS 100/5-45.8 new)
    Sec. 5-45.8. Emergency rulemaking; Illinois Insurance
Code. To provide for the expeditious and timely implementation
of changes made to the Illinois Insurance Code by this
amendatory Act of the 102nd General Assembly, emergency rules
implementing the changes made to the Illinois Insurance Code
by this amendatory Act of the 102nd General Assembly may be
adopted in accordance with Section 5-45 by the Department of
Insurance. The adoption of emergency rules authorized by
Section 5-45 and this Section is deemed to be necessary for the
public interest, safety, and welfare. This Section is repealed
on January 1, 2022.
 
    Section 10. The Illinois Insurance Code is amended by
changing Section 356z.22 as follows:
 
    (215 ILCS 5/356z.22)
    Sec. 356z.22. Coverage for telehealth services.
    (a) For purposes of this Section:
    "Asynchronous store and forward system" has the meaning
given to that term in Section 5 of the Telehealth Act.
    "Distant site" has the meaning given to that term in
Section 5 of the Telehealth Act means the location at which the
health care provider rendering the telehealth service is
located.
    "E-visits" has the meaning given to that term in Section 5
of the Telehealth Act.
    "Facility" means any hospital facility licensed under the
Hospital Licensing Act or the University of Illinois Hospital
Act, a federally qualified health center, a community mental
health center, a behavioral health clinic, a substance use
disorder treatment program licensed by the Division of
Substance Use Prevention and Recovery of the Department of
Human Services, or other building, place, or institution that
is owned or operated by a person that is licensed or otherwise
authorized to deliver health care services.
    "Health care professional" has the meaning given to that
term in Section 5 of the Telehealth Act.
    "Interactive telecommunications system" has the meaning
given to that term in Section 5 of the Telehealth Act. As used
in this Section, "interactive telecommunications system" does
not include virtual check-ins means an audio and video system
permitting 2-way, live interactive communication between the
patient and the distant site health care provider.
    "Originating site" has the meaning given to that term in
Section 5 of the Telehealth Act.
    "Telehealth services" has the meaning given to that term
in Section 5 of the Telehealth Act. As used in this Section,
"telehealth services" do not include asynchronous store and
forward systems, remote patient monitoring technologies,
e-visits, or virtual check-ins means the delivery of covered
health care services by way of an interactive
telecommunications system.
    "Virtual check-in" has the meaning given to that term in
Section 5 of the Telehealth Act.
    (b) An If an individual or group policy of accident or
health insurance that is amended, delivered, issued, or
renewed on or after the effective date of this amendatory Act
of the 102nd General Assembly shall cover telehealth services,
e-visits, and virtual check-ins rendered by a health care
professional when clinically appropriate and medically
necessary to insureds, enrollees, and members in the same
manner as any other benefits covered under the policy. An
individual or group policy of accident or health insurance may
provide reimbursement to a facility that serves as the
originating site at the time a telehealth service is rendered.
provides coverage for telehealth services, then it must comply
with the following:
    (c) To ensure telehealth service, e-visit, and virtual
check-in access is equitable for all patients in receipt of
health care services under this Section and health care
professionals and facilities are able to deliver medically
necessary services that can be appropriately delivered via
telehealth within the scope of their licensure or
certification, coverage required under this Section shall
comply with all of the following:
        (1) An individual or group policy of accident or
    health insurance shall providing telehealth services may
    not:
            (A) require that in-person contact occur between a
        health care professional provider and a patient before
        the provision of a telehealth service;
            (B) require patients, the health care
        professionals, or facilities provider to prove or
        document a hardship or access barrier to an in-person
        consultation for coverage and reimbursement of
        telehealth services, e-visits, or virtual check-ins to
        be provided through telehealth;
            (C) require the use of telehealth services,
        e-visits, or virtual check-ins when the health care
        professional provider has determined that it is not
        appropriate; or
            (D) require the use of telehealth services when a
        patient chooses an in-person consultation; .
            (E) require a health care professional to be
        physically present in the same room as the patient at
        the originating site, unless deemed medically
        necessary by the health care professional providing
        the telehealth service;
            (F) create geographic or facility restrictions or
        requirements for telehealth services, e-visits, or
        virtual check-ins;
            (G) require health care professionals or
        facilities to offer or provide telehealth services,
        e-visits, or virtual check-ins;
            (H) require patients to use telehealth services,
        e-visits, or virtual check-ins, or require patients to
        use a separate panel of health care professionals or
        facilities to receive telehealth service, e-visit, or
        virtual check-in coverage and reimbursement; or
            (I) impose upon telehealth services, e-visits, or
        virtual check-ins utilization review requirements that
        are unnecessary, duplicative, or unwarranted or impose
        any treatment limitations, prior authorization,
        documentation, or recordkeeping requirements that are
        more stringent than the requirements applicable to the
        same health care service when rendered in-person,
        except procedure code modifiers may be required to
        document telehealth.
        (2) Deductibles, copayments, or coinsurance, or any
    other cost-sharing applicable to services provided through
    telehealth shall not exceed the deductibles, copayments,
    or coinsurance, or any other cost-sharing required by the
    individual or group policy of accident or health insurance
    for the same services provided through in-person
    consultation.
        (3) An individual or group policy of accident or
    health insurance shall notify health care professionals
    and facilities of any instructions necessary to facilitate
    billing for telehealth services, e-visits, and virtual
    check-ins.
    (d) For purposes of reimbursement, an individual or group
policy of accident or health insurance that is amended,
delivered, issued, or renewed on or after the effective date
of this amendatory Act of the 102nd General Assembly shall
reimburse an in-network health care professional or facility,
including a health care professional or facility in a tiered
network, for telehealth services provided through an
interactive telecommunications system on the same basis, in
the same manner, and at the same reimbursement rate that would
apply to the services if the services had been delivered via an
in-person encounter by an in-network or tiered network health
care professional or facility. This subsection applies only to
those services provided by telehealth that may otherwise be
billed as an in-person service. This subsection is inoperative
on and after January 1, 2028, except that this subsection is
operative after that date with respect to mental health and
substance use disorder telehealth services.
    (e) The Department and the Department of Public Health
shall commission a report to the General Assembly administered
by an established medical college in this State wherein
supervised clinical training takes place at an affiliated
institution that uses telehealth services, subject to
appropriation. The report shall study the telehealth coverage
and reimbursement policies established in subsections (b) and
(d) of this Section, to determine if the policies improve
access to care, reduce health disparities, promote health
equity, have an impact on utilization and cost-avoidance,
including direct or indirect cost savings to the patient, and
to provide any recommendations for telehealth access expansion
in the future. An individual or group policy of accident or
health insurance shall provide data necessary to carry out the
requirements of this subsection upon request of the
Department. The Department and the Department of Public Health
shall submit the report by December 31, 2026. The established
medical college may utilize subject matter expertise to
complete any necessary actuarial analysis.
    (f) Nothing in this Section is intended to limit the
ability of an individual or group policy of accident or health
insurance and a health care professional or facility to
voluntarily negotiate alternate reimbursement rates for
telehealth services. Such voluntary negotiations shall take
into consideration the ongoing investment necessary to ensure
these telehealth platforms may be continuously maintained,
seamlessly updated, and integrated with a patient's electronic
medical records.
    (g) An (b-5) If an individual or group policy of accident
or health insurance that is amended, delivered, issued, or
renewed on or after the effective date of this amendatory Act
of the 102nd General Assembly shall provide provides coverage
for telehealth services, it must provide coverage for licensed
dietitian nutritionists and certified diabetes educators who
counsel senior diabetes patients in the senior diabetes
patients' homes to remove the hurdle of transportation for
senior diabetes patients to receive treatment, in accordance
with the Dietitian Nutritionist Practice Act.
    (h) Any policy, contract, or certificate of health
insurance coverage that does not distinguish between
in-network and out-of-network health care professionals and
facilities shall be subject to this Section as though all
health care professionals and facilities were in-network.
    (i) Health care professionals and facilities shall
determine the appropriateness of specific sites, technology
platforms, and technology vendors for a telehealth service, as
long as delivered services adhere to all federal and State
privacy, security, and confidentiality laws, rules, or
regulations, including, but not limited to, the Health
Insurance Portability and Accountability Act of 1996 and the
Mental Health and Developmental Disabilities Confidentiality
Act.
    (j) (c) Nothing in this Section shall be deemed as
precluding a health insurer from providing benefits for other
telehealth services, including, but not limited to, services
not required for coverage provided through an asynchronous
store and forward system, remote patient monitoring services,
remote monitoring services, other monitoring services, or oral
communications otherwise covered under the policy.
    (k) There shall be no restrictions on originating site
requirements for telehealth coverage or reimbursement to the
distant site under this Section other than requiring the
telehealth services to be medically necessary and clinically
appropriate.
    (l) The Department may adopt rules, including emergency
rules subject to the provisions of Section 5-45 of the
Illinois Administrative Procedure Act, to implement the
provisions of this Section.
(Source: P.A. 100-1009, eff. 1-1-19.)
 
    Section 15. The Telehealth Act is amended by changing
Sections 5, 10, and 15 as follows:
 
    (225 ILCS 150/5)
    Sec. 5. Definitions. As used in this Act:
    "Asynchronous store and forward system" means the
transmission of a patient's medical information through an
electronic communications system at an originating site to a
health care professional or facility at a distant site that
does not require real-time or synchronous interaction between
the health care professional and the patient.
    "Distant site" means the location at which the health care
professional rendering the telehealth service is located.
    "Established patient" means a patient with a relationship
with a health care professional in which there has been an
exchange of an individual's protected health information for
the purpose of providing patient care, treatment, or services.
    "E-visit" means a patient-initiated non-face-to-face
communication through an online patient portal between an
established patient and a health care professional.
    "Facility" includes a facility that is owned or operated
by a hospital under the Hospital Licensing Act or University
of Illinois Hospital Act, a facility under the Nursing Home
Care Act, a rural health clinic, a federally qualified health
center, a local health department, a community mental health
center, a behavioral health clinic as defined in 89 Ill. Adm.
Code 140.453, an encounter rate clinic, a skilled nursing
facility, a substance use treatment program licensed by the
Division of Substance Use Prevention and Recovery of the
Department of Human Services, a school-based health center as
defined in 77 Ill. Adm. Code 641.10, a physician's office, a
podiatrist's office, a supportive living program provider, a
hospice provider, home health agency, or home nursing agency
under the Home Health, Home Services, and Home Nursing Agency
Licensing Act, a facility under the ID/DD Community Care Act,
community-integrated living arrangements as defined in the
Community-Integrated Living Arrangements Licensure and
Certification Act, and a provider who receives reimbursement
for a patient's room and board.
    "Health care professional" includes, but is not limited
to, physicians, physician assistants, optometrists, advanced
practice registered nurses, clinical psychologists licensed in
Illinois, prescribing psychologists licensed in Illinois,
dentists, occupational therapists, pharmacists, physical
therapists, clinical social workers, speech-language
pathologists, audiologists, hearing instrument dispensers,
licensed certified substance use disorder treatment providers
and clinicians, and mental health professionals and clinicians
authorized by Illinois law to provide mental health services,
and qualified providers listed under paragraph (8) of
subsection (e) of Section 3 of the Early Intervention Services
System Act, dietitian nutritionists licensed in Illinois, and
health care professionals associated with a facility.
    "Interactive telecommunications system" means an audio and
video system, an audio-only telephone system (landline or
cellular), or any other telecommunications system permitting
2-way, synchronous interactive communication between a patient
at an originating site and a health care professional or
facility at a distant site. "Interactive telecommunications
system" does not include a facsimile machine, electronic mail
messaging, or text messaging.
    "Originating site" means the location at which the patient
is located at the time telehealth services are provided to the
patient via telehealth.
    "Remote patient monitoring" means the use of connected
digital technologies or mobile medical devices to collect
medical and other health data from a patient at one location
and electronically transmit that data to a health care
professional or facility at a different location for
collection and interpretation.
    "Telehealth services" means the evaluation, diagnosis, or
interpretation of electronically transmitted patient-specific
data between a remote location and a licensed health care
professional that generates interaction or treatment
recommendations. "Telehealth services" includes telemedicine
and the delivery of health care services, including mental
health treatment and substance use disorder treatment and
services to a patient, regardless of patient location,
provided by way of an interactive telecommunications system,
asynchronous store and forward system, remote patient
monitoring technologies, e-visits, or virtual check-ins as
defined in subsection (a) of Section 356z.22 of the Illinois
Insurance Code.
    "Virtual check-in" means a brief patient-initiated
communication using a technology-based service, excluding
facsimile, between an established patient and a health care
professional. "Virtual check-in" does not include
communications from a related office visit provided within the
previous 7 days, nor communications that lead to an office
visit or procedure within the next 24 hours or soonest
available appointment.
(Source: P.A. 100-317, eff. 1-1-18; 100-644, eff. 1-1-19;
100-930, eff. 1-1-19; 101-81, eff. 7-12-19; 101-84, eff.
7-19-19.)
 
    (225 ILCS 150/10)
    Sec. 10. Practice authority. A health care professional
treating a patient located in this State through telehealth
services must be licensed or authorized to practice in
Illinois.
(Source: P.A. 100-317, eff. 1-1-18.)
 
    (225 ILCS 150/15)
    Sec. 15. Use of telehealth services.
    (a) A health care professional may engage in the practice
of telehealth services in Illinois to the extent of his or her
scope of practice as established in his or her respective
licensing Act consistent with the standards of care for
in-person services. This Act shall not be construed to alter
the scope of practice of any health care professional or
authorize the delivery of health care services in a setting or
in a manner not otherwise authorized by the laws of this State.
    (b) Telehealth services provided pursuant to this Section
shall be consistent with all federal and State privacy,
security, and confidentiality laws, rules, or regulations.
(Source: P.A. 100-317, eff. 1-1-18.)
 
    Section 20. The Early Intervention Services System Act is
amended by changing Sections 3 and 11 and by adding Section 3b
as follows:
 
    (325 ILCS 20/3)  (from Ch. 23, par. 4153)
    Sec. 3. Definitions. As used in this Act:
    (a) "Eligible infants and toddlers" means infants and
toddlers under 36 months of age with any of the following
conditions:
        (1) Developmental delays.
        (2) A physical or mental condition which typically
    results in developmental delay.
        (3) Being at risk of having substantial developmental
    delays based on informed clinical opinion.
        (4) Either (A) having entered the program under any of
    the circumstances listed in paragraphs (1) through (3) of
    this subsection but no longer meeting the current
    eligibility criteria under those paragraphs, and
    continuing to have any measurable delay, or (B) not having
    attained a level of development in each area, including
    (i) cognitive, (ii) physical (including vision and
    hearing), (iii) language, speech, and communication, (iv)
    social or emotional, or (v) adaptive, that is at least at
    the mean of the child's age equivalent peers; and, in
    addition to either item (A) or item (B), (C) having been
    determined by the multidisciplinary individualized family
    service plan team to require the continuation of early
    intervention services in order to support continuing
    developmental progress, pursuant to the child's needs and
    provided in an appropriate developmental manner. The type,
    frequency, and intensity of services shall differ from the
    initial individualized family services plan because of the
    child's developmental progress, and may consist of only
    service coordination, evaluation, and assessments.
    (b) "Developmental delay" means a delay in one or more of
the following areas of childhood development as measured by
appropriate diagnostic instruments and standard procedures:
cognitive; physical, including vision and hearing; language,
speech and communication; social or emotional; or adaptive.
The term means a delay of 30% or more below the mean in
function in one or more of those areas.
    (c) "Physical or mental condition which typically results
in developmental delay" means:
        (1) a diagnosed medical disorder or exposure to a
    toxic substance bearing a relatively well known expectancy
    for developmental outcomes within varying ranges of
    developmental disabilities; or
        (2) a history of prenatal, perinatal, neonatal or
    early developmental events suggestive of biological
    insults to the developing central nervous system and which
    either singly or collectively increase the probability of
    developing a disability or delay based on a medical
    history.
    (d) "Informed clinical opinion" means both clinical
observations and parental participation to determine
eligibility by a consensus of a multidisciplinary team of 2 or
more members based on their professional experience and
expertise.
    (e) "Early intervention services" means services which:
        (1) are designed to meet the developmental needs of
    each child eligible under this Act and the needs of his or
    her family;
        (2) are selected in collaboration with the child's
    family;
        (3) are provided under public supervision;
        (4) are provided at no cost except where a schedule of
    sliding scale fees or other system of payments by families
    has been adopted in accordance with State and federal law;
        (5) are designed to meet an infant's or toddler's
    developmental needs in any of the following areas:
            (A) physical development, including vision and
        hearing,
            (B) cognitive development,
            (C) communication development,
            (D) social or emotional development, or
            (E) adaptive development;
        (6) meet the standards of the State, including the
    requirements of this Act;
        (7) include one or more of the following:
            (A) family training,
            (B) social work services, including counseling,
        and home visits,
            (C) special instruction,
            (D) speech, language pathology and audiology,
            (E) occupational therapy,
            (F) physical therapy,
            (G) psychological services,
            (H) service coordination services,
            (I) medical services only for diagnostic or
        evaluation purposes,
            (J) early identification, screening, and
        assessment services,
            (K) health services specified by the lead agency
        as necessary to enable the infant or toddler to
        benefit from the other early intervention services,
            (L) vision services,
            (M) transportation,
            (N) assistive technology devices and services,
            (O) nursing services,
            (P) nutrition services, and
            (Q) sign language and cued language services;
        (8) are provided by qualified personnel, including but
    not limited to:
            (A) child development specialists or special
        educators, including teachers of children with hearing
        impairments (including deafness) and teachers of
        children with vision impairments (including
        blindness),
            (B) speech and language pathologists and
        audiologists,
            (C) occupational therapists,
            (D) physical therapists,
            (E) social workers,
            (F) nurses,
            (G) dietitian nutritionists,
            (H) vision specialists, including ophthalmologists
        and optometrists,
            (I) psychologists, and
            (J) physicians;
        (9) are provided in conformity with an Individualized
    Family Service Plan;
        (10) are provided throughout the year; and
        (11) are provided in natural environments, to the
    maximum extent appropriate, which may include the home and
    community settings, unless justification is provided
    consistent with federal regulations adopted under Sections
    1431 through 1444 of Title 20 of the United States Code.
    (f) "Individualized Family Service Plan" or "Plan" means a
written plan for providing early intervention services to a
child eligible under this Act and the child's family, as set
forth in Section 11.
    (g) "Local interagency agreement" means an agreement
entered into by local community and State and regional
agencies receiving early intervention funds directly from the
State and made in accordance with State interagency agreements
providing for the delivery of early intervention services
within a local community area.
    (h) "Council" means the Illinois Interagency Council on
Early Intervention established under Section 4.
    (i) "Lead agency" means the State agency responsible for
administering this Act and receiving and disbursing public
funds received in accordance with State and federal law and
rules.
    (i-5) "Central billing office" means the central billing
office created by the lead agency under Section 13.
    (j) "Child find" means a service which identifies eligible
infants and toddlers.
    (k) "Regional intake entity" means the lead agency's
designated entity responsible for implementation of the Early
Intervention Services System within its designated geographic
area.
    (l) "Early intervention provider" means an individual who
is qualified, as defined by the lead agency, to provide one or
more types of early intervention services, and who has
enrolled as a provider in the early intervention program.
    (m) "Fully credentialed early intervention provider" means
an individual who has met the standards in the State
applicable to the relevant profession, and has met such other
qualifications as the lead agency has determined are suitable
for personnel providing early intervention services, including
pediatric experience, education, and continuing education. The
lead agency shall establish these qualifications by rule filed
no later than 180 days after the effective date of this
amendatory Act of the 92nd General Assembly.
    (n) "Telehealth" has the meaning given to that term in
Section 5 of the Telehealth Act.
(Source: P.A. 101-10, eff. 6-5-19.)
 
    (325 ILCS 20/3b new)
    Sec. 3b. Services delivered by telehealth. An early
intervention provider may deliver via telehealth any type of
early intervention service outlined in subsection (e) of
Section 3 to the extent of the early intervention provider's
scope of practice as established in the provider's respective
licensing Act consistent with the standards of care for
in-person services. This Section shall not be construed to
alter the scope of practice of any early intervention provider
or authorize the delivery of early intervention services in a
setting or in a manner not otherwise authorized by the laws of
this State.
 
    (325 ILCS 20/11)  (from Ch. 23, par. 4161)
    Sec. 11. Individualized Family Service Plans.
    (a) Each eligible infant or toddler and that infant's or
toddler's family shall receive:
        (1) timely, comprehensive, multidisciplinary
    assessment of the unique strengths and needs of each
    eligible infant and toddler, and assessment of the
    concerns and priorities of the families to appropriately
    assist them in meeting their needs and identify supports
    and services to meet those needs; and
        (2) a written Individualized Family Service Plan
    developed by a multidisciplinary team which includes the
    parent or guardian. The individualized family service plan
    shall be based on the multidisciplinary team's assessment
    of the resources, priorities, and concerns of the family
    and its identification of the supports and services
    necessary to enhance the family's capacity to meet the
    developmental needs of the infant or toddler, and shall
    include the identification of services appropriate to meet
    those needs, including the frequency, intensity, and
    method of delivering services. During and as part of the
    initial development of the individualized family services
    plan, and any periodic reviews of the plan, the
    multidisciplinary team may seek consultation from the lead
    agency's designated experts, if any, to help determine
    appropriate services and the frequency and intensity of
    those services. All services in the individualized family
    services plan must be justified by the multidisciplinary
    assessment of the unique strengths and needs of the infant
    or toddler and must be appropriate to meet those needs. At
    the periodic reviews, the team shall determine whether
    modification or revision of the outcomes or services is
    necessary.
    (b) The Individualized Family Service Plan shall be
evaluated once a year and the family shall be provided a review
of the Plan at 6 month intervals or more often where
appropriate based on infant or toddler and family needs. The
lead agency shall create a quality review process regarding
Individualized Family Service Plan development and changes
thereto, to monitor and help assure that resources are being
used to provide appropriate early intervention services.
    (c) The initial evaluation and initial assessment and
initial Plan meeting must be held within 45 days after the
initial contact with the early intervention services system.
The 45-day timeline does not apply for any period when the
child or parent is unavailable to complete the initial
evaluation, the initial assessments of the child and family,
or the initial Plan meeting, due to exceptional family
circumstances that are documented in the child's early
intervention records, or when the parent has not provided
consent for the initial evaluation or the initial assessment
of the child despite documented, repeated attempts to obtain
parental consent. As soon as exceptional family circumstances
no longer exist or parental consent has been obtained, the
initial evaluation, the initial assessment, and the initial
Plan meeting must be completed as soon as possible. With
parental consent, early intervention services may commence
before the completion of the comprehensive assessment and
development of the Plan.
    (d) Parents must be informed that early intervention
services shall be provided to each eligible infant and
toddler, to the maximum extent appropriate, in the natural
environment, which may include the home or other community
settings. Parents must also be informed of the availability of
early intervention services provided through telehealth
services. Parents shall make the final decision to accept or
decline early intervention services, including whether
accepted services are delivered in person or via telehealth
services. A decision to decline such services shall not be a
basis for administrative determination of parental fitness, or
other findings or sanctions against the parents. Parameters of
the Plan shall be set forth in rules.
    (e) The regional intake offices shall explain to each
family, orally and in writing, all of the following:
        (1) That the early intervention program will pay for
    all early intervention services set forth in the
    individualized family service plan that are not covered or
    paid under the family's public or private insurance plan
    or policy and not eligible for payment through any other
    third party payor.
        (2) That services will not be delayed due to any rules
    or restrictions under the family's insurance plan or
    policy.
        (3) That the family may request, with appropriate
    documentation supporting the request, a determination of
    an exemption from private insurance use under Section
    13.25.
        (4) That responsibility for co-payments or
    co-insurance under a family's private insurance plan or
    policy will be transferred to the lead agency's central
    billing office.
        (5) That families will be responsible for payments of
    family fees, which will be based on a sliding scale
    according to the State's definition of ability to pay
    which is comparing household size and income to the
    sliding scale and considering out-of-pocket medical or
    disaster expenses, and that these fees are payable to the
    central billing office. Families who fail to provide
    income information shall be charged the maximum amount on
    the sliding scale.
    (f) The individualized family service plan must state
whether the family has private insurance coverage and, if the
family has such coverage, must have attached to it a copy of
the family's insurance identification card or otherwise
include all of the following information:
        (1) The name, address, and telephone number of the
    insurance carrier.
        (2) The contract number and policy number of the
    insurance plan.
        (3) The name, address, and social security number of
    the primary insured.
        (4) The beginning date of the insurance benefit year.
    (g) A copy of the individualized family service plan must
be provided to each enrolled provider who is providing early
intervention services to the child who is the subject of that
plan.
    (h) Children receiving services under this Act shall
receive a smooth and effective transition by their third
birthday consistent with federal regulations adopted pursuant
to Sections 1431 through 1444 of Title 20 of the United States
Code. Beginning July 1, 2022, children who receive early
intervention services prior to their third birthday and are
found eligible for an individualized education program under
the Individuals with Disabilities Education Act, 20 U.S.C.
1414(d)(1)(A), and under Section 14-8.02 of the School Code
and whose birthday falls between May 1 and August 31 may
continue to receive early intervention services until the
beginning of the school year following their third birthday in
order to minimize gaps in services, ensure better continuity
of care, and align practices for the enrollment of preschool
children with special needs to the enrollment practices of
typically developing preschool children.
(Source: P.A. 101-654, eff. 3-8-21.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/22/2021