Bill Amendment: IL SB1077 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: REGULATION-TECH
Status: 2021-07-16 - Senate Floor Amendment No. 1 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB1077 Detail]
Download: Illinois-2021-SB1077-Senate_Amendment_001.html
Bill Title: REGULATION-TECH
Status: 2021-07-16 - Senate Floor Amendment No. 1 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB1077 Detail]
Download: Illinois-2021-SB1077-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1077
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2 | AMENDMENT NO. ______. Amend Senate Bill 1077 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Telehealth Act is amended by changing | ||||||
5 | Section 5 as follows:
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6 | (225 ILCS 150/5)
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7 | Sec. 5. Definitions. As used in this Act: | ||||||
8 | "Health care professional" includes physicians, physician | ||||||
9 | assistants, optometrists, advanced practice registered nurses, | ||||||
10 | clinical psychologists licensed in Illinois, prescribing | ||||||
11 | psychologists licensed in Illinois, dentists, occupational | ||||||
12 | therapists, pharmacists, physical therapists, clinical social | ||||||
13 | workers, speech-language pathologists, audiologists, hearing | ||||||
14 | instrument dispensers, and mental health professionals and | ||||||
15 | clinicians authorized by Illinois law to provide mental health | ||||||
16 | services , and qualified providers listed under paragraph (8) |
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1 | of subsection (e) of Section 3 of the Early Intervention | ||||||
2 | Services System Act .
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3 | "Telehealth" means the evaluation, diagnosis, or | ||||||
4 | interpretation of electronically transmitted patient-specific | ||||||
5 | data between a remote location and a licensed health care | ||||||
6 | professional that generates interaction or treatment | ||||||
7 | recommendations. "Telehealth" includes telemedicine and the | ||||||
8 | delivery of health care services provided by way of an | ||||||
9 | interactive telecommunications system, as defined in | ||||||
10 | subsection (a) of Section 356z.22 of the Illinois Insurance | ||||||
11 | Code.
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12 | (Source: P.A. 100-317, eff. 1-1-18; 100-644, eff. 1-1-19; | ||||||
13 | 100-930, eff. 1-1-19; 101-81, eff. 7-12-19; 101-84, eff. | ||||||
14 | 7-19-19.)
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15 | Section 10. The Early Intervention Services System Act is | ||||||
16 | amended by changing Sections 3 and 11 and by adding Section 3b | ||||||
17 | as follows:
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18 | (325 ILCS 20/3) (from Ch. 23, par. 4153)
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19 | Sec. 3. Definitions. As used in this Act:
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20 | (a) "Eligible infants and toddlers" means infants and | ||||||
21 | toddlers
under 36 months of age with any of the following | ||||||
22 | conditions:
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23 | (1) Developmental delays.
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24 | (2) A physical or mental condition which typically |
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1 | results in
developmental delay.
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2 | (3) Being at risk of having substantial developmental | ||||||
3 | delays
based on informed clinical opinion.
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4 | (4) Either (A) having entered the program under any of
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5 | the circumstances listed in paragraphs (1) through (3) of | ||||||
6 | this
subsection
but no
longer meeting
the current | ||||||
7 | eligibility criteria under those paragraphs,
and | ||||||
8 | continuing to have any measurable delay, or (B) not
having | ||||||
9 | attained a level of development in each area,
including
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10 | (i) cognitive, (ii) physical (including vision and | ||||||
11 | hearing), (iii)
language,
speech, and communication, (iv) | ||||||
12 | social or emotional, or (v) adaptive, that
is at least at | ||||||
13 | the mean of the child's age equivalent peers;
and,
in | ||||||
14 | addition to either item (A) or item (B), (C)
having
been | ||||||
15 | determined by the multidisciplinary individualized
family | ||||||
16 | service plan
team to require the continuation of early | ||||||
17 | intervention services in order to
support
continuing
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18 | developmental progress, pursuant to the child's needs and | ||||||
19 | provided in an
appropriate
developmental manner. The type, | ||||||
20 | frequency, and intensity of services shall
differ from
the | ||||||
21 | initial individualized family services plan because of the | ||||||
22 | child's
developmental
progress, and may consist of only | ||||||
23 | service coordination, evaluation, and
assessments.
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24 | (b) "Developmental delay" means a delay in one or more of | ||||||
25 | the following
areas of childhood development as measured by | ||||||
26 | appropriate diagnostic
instruments and standard procedures: |
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1 | cognitive; physical, including vision
and hearing; language, | ||||||
2 | speech and communication; social or emotional;
or adaptive. | ||||||
3 | The term means a delay of 30% or more below the mean in
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4 | function in one or more of those areas.
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5 | (c) "Physical or mental condition which typically results | ||||||
6 | in developmental
delay" means:
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7 | (1) a diagnosed medical disorder or exposure to a | ||||||
8 | toxic substance bearing a relatively well known
expectancy | ||||||
9 | for developmental outcomes within varying ranges of | ||||||
10 | developmental
disabilities; or
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11 | (2) a history of prenatal, perinatal, neonatal or | ||||||
12 | early developmental
events suggestive of biological | ||||||
13 | insults to the developing central nervous
system and which | ||||||
14 | either singly or collectively increase the probability of
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15 | developing a disability or delay based on a medical | ||||||
16 | history.
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17 | (d) "Informed clinical opinion" means both clinical | ||||||
18 | observations and
parental participation to determine | ||||||
19 | eligibility by a consensus of a
multidisciplinary team of 2 or | ||||||
20 | more members based on their professional
experience and | ||||||
21 | expertise.
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22 | (e) "Early intervention services" means services which:
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23 | (1) are designed to meet the developmental needs of | ||||||
24 | each child
eligible under this Act and the needs of his or | ||||||
25 | her family;
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26 | (2) are selected in collaboration with the child's |
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1 | family;
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2 | (3) are provided under public supervision;
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3 | (4) are provided at no cost except where a schedule of | ||||||
4 | sliding scale
fees or other system of payments by families | ||||||
5 | has been adopted in accordance
with State and federal law;
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6 | (5) are designed to meet an infant's or toddler's | ||||||
7 | developmental needs in
any of the following areas:
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8 | (A) physical development, including vision and | ||||||
9 | hearing,
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10 | (B) cognitive development,
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11 | (C) communication development,
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12 | (D) social or emotional development, or
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13 | (E) adaptive development;
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14 | (6) meet the standards of the State, including the | ||||||
15 | requirements of this Act;
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16 | (7) include one or more of the following:
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17 | (A) family training,
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18 | (B) social work services, including counseling, | ||||||
19 | and home visits,
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20 | (C) special instruction,
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21 | (D) speech, language pathology and audiology,
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22 | (E) occupational therapy,
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23 | (F) physical therapy,
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24 | (G) psychological services,
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25 | (H) service coordination services,
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26 | (I) medical services only for diagnostic or |
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1 | evaluation purposes,
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2 | (J) early identification, screening, and | ||||||
3 | assessment services,
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4 | (K) health services specified by the lead agency | ||||||
5 | as necessary to
enable the infant or toddler to | ||||||
6 | benefit from the other early intervention
services,
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7 | (L) vision services,
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8 | (M) transportation,
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9 | (N) assistive technology devices and services,
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10 | (O) nursing services, | ||||||
11 | (P) nutrition services, and | ||||||
12 | (Q) sign language and cued language services;
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13 | (8) are provided by qualified personnel, including but | ||||||
14 | not limited to:
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15 | (A) child development specialists or special | ||||||
16 | educators, including teachers of children with hearing | ||||||
17 | impairments (including deafness) and teachers of | ||||||
18 | children with vision impairments (including | ||||||
19 | blindness),
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20 | (B) speech and language pathologists and | ||||||
21 | audiologists,
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22 | (C) occupational therapists,
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23 | (D) physical therapists,
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24 | (E) social workers,
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25 | (F) nurses,
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26 | (G) dietitian nutritionists,
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1 | (H) vision specialists, including ophthalmologists | ||||||
2 | and optometrists,
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3 | (I) psychologists, and
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4 | (J) physicians;
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5 | (9) are provided in conformity with an Individualized | ||||||
6 | Family Service Plan;
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7 | (10) are provided throughout the year; and
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8 | (11) are provided in natural
environments, to the | ||||||
9 | maximum extent appropriate, which may include the home and | ||||||
10 | community settings, unless justification is provided | ||||||
11 | consistent with federal regulations adopted under Sections | ||||||
12 | 1431 through 1444 of Title 20 of the United States Code.
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13 | (f) "Individualized Family Service Plan" or "Plan" means a | ||||||
14 | written plan for
providing early intervention services to a | ||||||
15 | child eligible under this Act
and the child's family, as set | ||||||
16 | forth in Section 11.
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17 | (g) "Local interagency agreement" means an agreement | ||||||
18 | entered into by
local community and State and regional | ||||||
19 | agencies receiving early
intervention funds directly from the | ||||||
20 | State and made in accordance with
State interagency agreements | ||||||
21 | providing for the delivery of early
intervention services | ||||||
22 | within a local community area.
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23 | (h) "Council" means the Illinois Interagency Council on | ||||||
24 | Early
Intervention established under Section 4.
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25 | (i) "Lead agency" means the State agency
responsible for | ||||||
26 | administering this Act and
receiving and disbursing public |
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1 | funds received in accordance with State and
federal law and | ||||||
2 | rules.
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3 | (i-5) "Central billing office" means the central billing | ||||||
4 | office created by
the lead agency under Section 13.
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5 | (j) "Child find" means a service which identifies eligible | ||||||
6 | infants and
toddlers.
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7 | (k) "Regional intake entity" means the lead agency's | ||||||
8 | designated entity
responsible for implementation of the Early | ||||||
9 | Intervention Services System within
its designated geographic | ||||||
10 | area.
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11 | (l) "Early intervention provider" means an individual who | ||||||
12 | is qualified, as
defined by the lead agency, to provide one or | ||||||
13 | more types of early intervention
services, and who has | ||||||
14 | enrolled as a provider in the early intervention program.
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15 | (m) "Fully credentialed early intervention provider" means | ||||||
16 | an individual who
has met the standards in the State | ||||||
17 | applicable to the relevant
profession, and has met such other | ||||||
18 | qualifications as the lead agency has
determined are suitable | ||||||
19 | for personnel providing early intervention services,
including | ||||||
20 | pediatric experience, education, and continuing education. The | ||||||
21 | lead
agency shall establish these qualifications by rule filed | ||||||
22 | no later than 180
days
after the effective date of this | ||||||
23 | amendatory Act of the 92nd General Assembly.
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24 | (n) "Telehealth" has the meaning ascribed to that term in | ||||||
25 | Section 5 of the Telehealth Act. | ||||||
26 | (Source: P.A. 101-10, eff. 6-5-19.)
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1 | (325 ILCS 20/3b new) | ||||||
2 | Sec. 3b. Services delivered by telehealth. An early | ||||||
3 | intervention provider may deliver via telehealth any type of | ||||||
4 | early intervention service outlined in subsection (e) of | ||||||
5 | Section 3 to the extent of his or her scope of practice as | ||||||
6 | established in his or her respective licensing Act consistent | ||||||
7 | with the standards of care for in-person services. This | ||||||
8 | Section shall not be construed to alter the scope of practice | ||||||
9 | of any early intervention provider or authorize the delivery | ||||||
10 | of early intervention services in a setting or in a manner not | ||||||
11 | otherwise authorized by the laws of this State.
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12 | (325 ILCS 20/11) (from Ch. 23, par. 4161)
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13 | Sec. 11. Individualized Family Service Plans.
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14 | (a) Each eligible infant or toddler and that infant's or | ||||||
15 | toddler's family
shall receive:
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16 | (1) timely, comprehensive, multidisciplinary | ||||||
17 | assessment of the unique
strengths and needs of each | ||||||
18 | eligible infant and toddler, and assessment of the | ||||||
19 | concerns
and priorities of the families to appropriately | ||||||
20 | assist them in meeting
their needs and identify supports | ||||||
21 | and services to meet those needs; and
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22 | (2) a written Individualized Family Service Plan | ||||||
23 | developed by a
multidisciplinary team which includes the | ||||||
24 | parent or guardian. The
individualized family service plan |
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1 | shall be based on the
multidisciplinary team's assessment | ||||||
2 | of the resources, priorities,
and concerns of the family | ||||||
3 | and its identification of the supports
and services | ||||||
4 | necessary to enhance the family's capacity to meet the
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5 | developmental needs of the infant or toddler, and shall | ||||||
6 | include the
identification of services appropriate to meet | ||||||
7 | those needs, including the
frequency, intensity, and | ||||||
8 | method of delivering services. During and as part of
the | ||||||
9 | initial development of the individualized family services | ||||||
10 | plan, and any
periodic reviews of the plan, the | ||||||
11 | multidisciplinary team may seek consultation from the lead
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12 | agency's designated experts, if any, to help
determine | ||||||
13 | appropriate services and the frequency and intensity of | ||||||
14 | those
services. All services in the individualized family | ||||||
15 | services plan must be
justified by the multidisciplinary | ||||||
16 | assessment of the unique strengths and
needs of the infant | ||||||
17 | or toddler and must be appropriate to meet those needs.
At | ||||||
18 | the periodic reviews, the team shall determine whether | ||||||
19 | modification or
revision of the outcomes or services is | ||||||
20 | necessary.
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21 | (b) The Individualized Family Service Plan shall be | ||||||
22 | evaluated once a year
and the family shall be provided a review | ||||||
23 | of the Plan at 6 month intervals or
more often where | ||||||
24 | appropriate based on infant or toddler and family needs.
The | ||||||
25 | lead agency shall create a quality review process regarding | ||||||
26 | Individualized
Family Service Plan development and changes |
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1 | thereto, to monitor
and help assure that resources are being | ||||||
2 | used to provide appropriate early
intervention services.
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3 | (c) The initial evaluation and initial assessment and | ||||||
4 | initial
Plan meeting must be held within 45 days after the | ||||||
5 | initial
contact with the early intervention services system. | ||||||
6 | The 45-day timeline does not apply for any period when the | ||||||
7 | child or parent is unavailable to complete the initial | ||||||
8 | evaluation, the initial assessments of the child and family, | ||||||
9 | or the initial Plan meeting, due to exceptional family | ||||||
10 | circumstances that are documented in the child's early | ||||||
11 | intervention records, or when the parent has not provided | ||||||
12 | consent for the initial evaluation or the initial assessment | ||||||
13 | of the child despite documented, repeated attempts to obtain | ||||||
14 | parental consent. As soon as exceptional family circumstances | ||||||
15 | no longer exist or parental consent has been obtained, the | ||||||
16 | initial evaluation, the initial assessment, and the initial | ||||||
17 | Plan meeting must be completed as soon as possible. With | ||||||
18 | parental consent,
early intervention services may commence | ||||||
19 | before the completion of the
comprehensive assessment and | ||||||
20 | development of the Plan.
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21 | (d) Parents must be informed that early
intervention
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22 | services shall be provided to each eligible infant and | ||||||
23 | toddler, to the maximum extent appropriate, in the natural
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24 | environment, which may include the home or other community | ||||||
25 | settings. Parents must also be informed of the availability of | ||||||
26 | early intervention services provided through telehealth. |
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1 | Parents
shall make
the final decision to accept or decline
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2 | early intervention services , including whether accepted | ||||||
3 | services are delivered in person or via telehealth . A decision | ||||||
4 | to decline such services shall
not be a basis for | ||||||
5 | administrative determination of parental fitness, or
other | ||||||
6 | findings or sanctions against the parents. Parameters of the | ||||||
7 | Plan
shall be set forth in rules.
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8 | (e) The regional intake offices shall explain to each | ||||||
9 | family, orally and
in
writing, all of the following:
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10 | (1) That the early intervention program will pay for | ||||||
11 | all early
intervention services set forth in the | ||||||
12 | individualized family service plan that
are not
covered or | ||||||
13 | paid under the family's public or private insurance plan | ||||||
14 | or policy
and not
eligible for payment through any other | ||||||
15 | third party payor.
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16 | (2) That services will not be delayed due to any rules | ||||||
17 | or restrictions
under the family's insurance plan or | ||||||
18 | policy.
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19 | (3) That the family may request, with appropriate | ||||||
20 | documentation
supporting the request, a
determination of | ||||||
21 | an exemption from private insurance use under
Section | ||||||
22 | 13.25.
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23 | (4) That responsibility for co-payments or
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24 | co-insurance under a family's private insurance
plan or | ||||||
25 | policy will be transferred to the lead
agency's central | ||||||
26 | billing office.
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1 | (5) That families will be responsible
for payments of | ||||||
2 | family fees,
which will be based on a sliding scale
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3 | according to the State's definition of ability to pay | ||||||
4 | which is comparing household size and income to the | ||||||
5 | sliding scale and considering out-of-pocket medical or | ||||||
6 | disaster expenses, and that these fees
are payable to the | ||||||
7 | central billing office. Families who fail to provide | ||||||
8 | income information shall be charged the maximum amount on | ||||||
9 | the sliding scale.
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10 | (f) The individualized family service plan must state | ||||||
11 | whether the family
has private insurance coverage and, if the | ||||||
12 | family has such coverage, must
have attached to it a copy of | ||||||
13 | the family's insurance identification card or
otherwise
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14 | include all of the following information:
| ||||||
15 | (1) The name, address, and telephone number of the | ||||||
16 | insurance
carrier.
| ||||||
17 | (2) The contract number and policy number of the | ||||||
18 | insurance plan.
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19 | (3) The name, address, and social security number of | ||||||
20 | the primary
insured.
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21 | (4) The beginning date of the insurance benefit year.
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22 | (g) A copy of the individualized family service plan must | ||||||
23 | be provided to
each enrolled provider who is providing early | ||||||
24 | intervention services to the
child
who is the subject of that | ||||||
25 | plan.
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26 | (h) Children receiving services under this Act shall |
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1 | receive a smooth and effective transition by their third | ||||||
2 | birthday consistent with federal regulations adopted pursuant | ||||||
3 | to Sections 1431 through 1444 of Title 20 of the United States | ||||||
4 | Code. Beginning July 1, 2022, children who receive early | ||||||
5 | intervention services prior to their third birthday and are | ||||||
6 | found eligible for an individualized education program under | ||||||
7 | the Individuals with Disabilities Education Act, 20 U.S.C. | ||||||
8 | 1414(d)(1)(A), and under Section 14-8.02 of the School Code | ||||||
9 | and whose birthday falls between May 1 and August 31 may | ||||||
10 | continue to receive early intervention services until the | ||||||
11 | beginning of the school year following their third birthday in | ||||||
12 | order to minimize gaps in services, ensure better continuity | ||||||
13 | of care, and align practices for the enrollment of preschool | ||||||
14 | children with special needs to the enrollment practices of | ||||||
15 | typically developing preschool children. | ||||||
16 | (Source: P.A. 101-654, eff. 3-8-21.)".
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