Bill Amendment: IL HB5347 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: EARLY INTERVENTION SERVICES

Status: 2019-01-08 - Session Sine Die [HB5347 Detail]

Download: Illinois-2017-HB5347-House_Amendment_001.html

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Rep. Marcus C. Evans, Jr.

Filed: 4/12/2018

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AMENDMENT TO HOUSE BILL 5347
AMENDMENT NO. ______. Amend House Bill 5347 by replacing
everything after the enacting clause with the following:
"Section 5. The Early Intervention Services System Act is
amended by changing Sections 3 and 11 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

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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.
"Eligible infants and toddlers" includes children who
receive early intervention services under this Act from the age
of 3 until the beginning of the school year following their
third birthday, if their parents or guardians elect this
option.
(b) "Developmental delay" means a delay in one or more of
the following areas of childhood development as measured by

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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 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

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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

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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,

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(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

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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.
(Source: P.A. 97-902, eff. 8-6-12; 98-41, eff. 6-28-13.)
(325 ILCS 20/11) (from Ch. 23, par. 4161)

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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

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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

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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
shall make the final decision to accept or decline early
intervention 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.

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(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.

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(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, or by the beginning of the school year following
their third birthday if their parents or guardians elect to
continue early intervention services, consistent with federal
regulations adopted pursuant to Sections 1431 through 1444 of
Title 20 of the United States Code.
(Source: P.A. 97-902, eff. 8-6-12; 98-41, eff. 6-28-13.)
Section 99. Effective date. This Act takes effect July 1,
2019.".