Public Act 93-0124

HB0414 Enrolled                      LRB093 02198 DRJ 02205 b

    AN ACT in relation to 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 Sections 3 and 13.50 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   as   defined   by  the
    Department by rule.
         (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 judgment.
         (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) psycho-social, or (v) self-help skills, 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; psycho-social;
or self-help skills.  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  judgment"  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, and
              (N)  assistive technology devices and services;
         (8)  are  provided by qualified personnel, including
    but not limited to:
              (A)  child development specialists  or  special
         educators,
              (B)  speech   and   language  pathologists  and
         audiologists,
              (C)  occupational therapists,
              (D)  physical therapists,
              (E)  social workers,
              (F)  nurses,
              (G)  nutritionists,
              (H)  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,
    including  the  home  and  community  settings  in  which
    infants   and   toddlers   without   disabilities   would
    participate   to   the   extent   determined    by    the
    multidisciplinary Individualized Family Service Plan.
    (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.
(Source: P.A. 91-538, eff. 8-13-99; 92-307, eff. 8-9-01.)

    (325 ILCS 20/13.50)
    Sec.   13.50.  Early  Intervention  Legislative  Advisory
Committee. No later than 60 days after the effective date  of
this  amendatory Act of 92nd General Assembly, there shall be
convened  the   Early   Intervention   Legislative   Advisory
Committee.  The  majority and minority leaders of the General
Assembly shall each appoint 2 members to the  Committee.  The
Committee's  term  is  for  a  period  of  4 2 years, and the
Committee shall publicly convene no less  than  4  times  per
year. The Committee's responsibilities shall include, but not
be   limited  to,  providing  guidance  to  the  lead  agency
regarding   programmatic   and    fiscal    management    and
accountability,   provider  development  and  accountability,
contracting, and program outcome measures.  During  the  life
of  the Committee, on a quarterly basis, or more often as the
Committee may request, the lead agency shall provide  to  the
Committee, and simultaneously to the public, through postings
on  the  lead  agency's early intervention website, quarterly
reports containing monthly data and other early  intervention
program  information  that  the Committee requests. The first
data report must be supplied  no  later  than  September  21,
2001, and must include the previous 2 quarters of data.
(Source: P.A. 92-307, eff. 8-9-01.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.