|
| Public Act 102-0962
|
| HB4999 Enrolled | LRB102 23769 KTG 32960 b |
|
|
AN ACT concerning children.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Early Intervention Services System Act is |
amended by changing Section 11 as follows:
|
(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 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 ensure 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. All early intervention services shall |
be initiated as soon as possible but not later than 30 calendar |
days after the consent of the parent or guardian has been |
obtained for the individualized family service plan, in |
accordance with rules adopted by the Department of Human |
Services.
|
(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 January 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; 102-104, eff. 7-22-21; |
102-209, eff. 11-30-21 (See Section 5 of P.A. 102-671 for |
effective date of P.A. 102-209); revised 12-1-21.)
|
Section 99. Effective date. This Act takes effect July 1, |
2022.
|
