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Sen. Cristina H. Pacione-Zayas
Filed: 4/8/2021
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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:
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15 | | (1) The name, address, and telephone number of the |
16 | | insurance
carrier.
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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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