Sen. Celina Villanueva
Filed: 3/18/2022
 
 


 




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1
AMENDMENT TO HOUSE BILL 4999 




2 AMENDMENT NO. ______. Amend House Bill 4999 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Early Intervention Services System Act is 
5amended 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 
9toddler's family
shall receive:


10  (1) timely, comprehensive, multidisciplinary 
11 assessment of the unique
strengths and needs of each 
12 eligible infant and toddler, and assessment of the 
13 concerns
and priorities of the families to appropriately 
14 assist them in meeting
their needs and identify supports 
15 and services to meet those needs; and


16  (2) a written Individualized Family Service Plan 
 
 
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1 developed by a
multidisciplinary team which includes the 
2 parent or guardian. The
individualized family service plan 
3 shall be based on the
multidisciplinary team's assessment 
4 of the resources, priorities,
and concerns of the family 
5 and its identification of the supports
and services 
6 necessary to enhance the family's capacity to meet the

7 developmental needs of the infant or toddler, and shall 
8 include the
identification of services appropriate to meet 
9 those needs, including the
frequency, intensity, and 
10 method of delivering services. During and as part of
the 
11 initial development of the individualized family services 
12 plan, and any
periodic reviews of the plan, the 
13 multidisciplinary team may seek consultation from the lead

14 agency's designated experts, if any, to help
determine 
15 appropriate services and the frequency and intensity of 
16 those
services. All services in the individualized family 
17 services plan must be
justified by the multidisciplinary 
18 assessment of the unique strengths and
needs of the infant 
19 or toddler and must be appropriate to meet those needs.
At 
20 the periodic reviews, the team shall determine whether 
21 modification or
revision of the outcomes or services is 
22 necessary.

23 (b) The Individualized Family Service Plan shall be 
24evaluated once a year
and the family shall be provided a review 
25of the Plan at 6-month 6 month intervals or
more often where 
26appropriate based on infant or toddler and family needs.
The 
 
 
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1lead agency shall create a quality review process regarding 
2Individualized
Family Service Plan development and changes 
3thereto, to monitor
and help ensure assure that resources are 
4being used to provide appropriate early
intervention services.

5 (c) The initial evaluation and initial assessment and 
6initial
Plan meeting must be held within 45 days after the 
7initial
contact with the early intervention services system. 
8The 45-day timeline does not apply for any period when the 
9child or parent is unavailable to complete the initial 
10evaluation, the initial assessments of the child and family, 
11or the initial Plan meeting, due to exceptional family 
12circumstances that are documented in the child's early 
13intervention records, or when the parent has not provided 
14consent for the initial evaluation or the initial assessment 
15of the child despite documented, repeated attempts to obtain 
16parental consent. As soon as exceptional family circumstances 
17no longer exist or parental consent has been obtained, the 
18initial evaluation, the initial assessment, and the initial 
19Plan meeting must be completed as soon as possible. With 
20parental consent,
early intervention services may commence 
21before the completion of the
comprehensive assessment and 
22development of the Plan. All early intervention services shall 
23be initiated as soon as possible but not later than 30 calendar 
24days after the consent of the parent or guardian has been 
25obtained for the individualized family service plan, in 
26accordance with rules adopted by the Department of Human 
 
 
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1Services. 

2 (d) Parents must be informed that early
intervention

3services shall be provided to each eligible infant and 
4toddler, to the maximum extent appropriate, in the natural

5environment, which may include the home or other community 
6settings. Parents must also be informed of the availability of 
7early intervention services provided through telehealth 
8services. Parents
shall make
the final decision to accept or 
9decline
early intervention services, including whether 
10accepted services are delivered in person or via telehealth 
11services. A decision to decline such services shall
not be a 
12basis for administrative determination of parental fitness, or

13other findings or sanctions against the parents. Parameters of 
14the Plan
shall be set forth in rules.

15 (e) The regional intake offices shall explain to each 
16family, orally and
in
writing, all of the following:


17  (1) That the early intervention program will pay for 
18 all early
intervention services set forth in the 
19 individualized family service plan that
are not
covered or 
20 paid under the family's public or private insurance plan 
21 or policy
and not
eligible for payment through any other 
22 third party payor.


23  (2) That services will not be delayed due to any rules 
24 or restrictions
under the family's insurance plan or 
25 policy.


26  (3) That the family may request, with appropriate 
 
 
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1 documentation
supporting the request, a
determination of 
2 an exemption from private insurance use under
Section 
3 13.25.


4  (4) That responsibility for co-payments or

5 co-insurance under a family's private insurance
plan or 
6 policy will be transferred to the lead
agency's central 
7 billing office.


8  (5) That families will be responsible
for payments of 
9 family fees,
which will be based on a sliding scale

10 according to the State's definition of ability to pay 
11 which is comparing household size and income to the 
12 sliding scale and considering out-of-pocket medical or 
13 disaster expenses, and that these fees
are payable to the 
14 central billing office. Families who fail to provide 
15 income information shall be charged the maximum amount on 
16 the sliding scale. 

17 (f) The individualized family service plan must state 
18whether the family
has private insurance coverage and, if the 
19family has such coverage, must
have attached to it a copy of 
20the family's insurance identification card or
otherwise

21include all of the following information:


22  (1) The name, address, and telephone number of the 
23 insurance
carrier.


24  (2) The contract number and policy number of the 
25 insurance plan.


26  (3) The name, address, and social security number of 
 
 
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1 the primary
insured.


2  (4) The beginning date of the insurance benefit year.

3 (g) A copy of the individualized family service plan must 
4be provided to
each enrolled provider who is providing early 
5intervention services to the
child
who is the subject of that 
6plan.

7 (h) Children receiving services under this Act shall 
8receive a smooth and effective transition by their third 
9birthday consistent with federal regulations adopted pursuant 
10to Sections 1431 through 1444 of Title 20 of the United States 
11Code. Beginning January 1, 2022, children who receive early 
12intervention services prior to their third birthday and are 
13found eligible for an individualized education program under 
14the Individuals with Disabilities Education Act, 20 U.S.C. 
151414(d)(1)(A), and under Section 14-8.02 of the School Code 
16and whose birthday falls between May 1 and August 31 may 
17continue to receive early intervention services until the 
18beginning of the school year following their third birthday in 
19order to minimize gaps in services, ensure better continuity 
20of care, and align practices for the enrollment of preschool 
21children with special needs to the enrollment practices of 
22typically developing preschool children. 
23(Source: P.A. 101-654, eff. 3-8-21; 102-104, eff. 7-22-21; 
24102-209, eff. 11-30-21 (See Section 5 of P.A. 102-671 for 
25effective date of P.A. 102-209); revised 12-1-21.)



 
 
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1 Section 99. Effective date. This Act takes effect July 1, 
22022.".