Birth Injury Answers

Illinois fact sheet

Designed to print on one page. Use your browser print command.

The short answer

A single page to print and keep. Everything on it links to the agency that publishes it.

Start here

Refer to early intervention if your child is under 3. You can do it yourself. No diagnosis needed. Evaluation is free. Evaluation and first plan meeting due within 45 days. 1

Find the Illinois contact in the national list of Part C coordinators. 2

If your child is 3 or over, write to your school district asking for a special education evaluation. 3

Money

  • Medicaid waiver. Apply now. Waiting lists are long. Many count only the child's income. 4
  • TEFRA or Katie Beckett, where the state has it. 5
  • SSI. Monthly payment, brings Medicaid in most states. 6
  • ABLE account. Tax-free savings that do not count against benefit limits. 7
  • Title V program for children with special health care needs. 8

Filing deadline

Statute: 735 Illinois Compiled Statutes 5/13-212

Adults: Two years from the date the claimant knew or should have known of the injury, and in no event more than four years from the act or omission.

Children: A person under 18 has eight years from the act or omission, and in no event may an action be brought after the twenty-second birthday.

Last verified: 2026-09-03. Confirm with an attorney licensed in Illinois. 9

Records

You have a federal right to your records and your child's. Generally 30 days, one 30 day extension allowed. A reasonable cost-based fee is permitted. A search or retrieval fee is not. 10 11

Name the monitoring strips, anesthesia record, placental pathology report and resuscitation record, because they are stored separately.

Data and hospitals

  • Births, cesarean and preterm rates: March of Dimes PeriStats, selectable by state. 12
  • Underlying data: CDC WONDER natality. 13
  • Hospitals: Medicare Care Compare. 14
  • Maternity ratings: The Leapfrog Group, voluntary survey, gaps where hospitals do not report. 15

Help

  • Parent Training and Information Center. 16
  • Family-to-Family Health Information Center. 17
  • The Arc, local chapter. 18
  • Respite locator. 19
  • State bar association. 9
  • National Maternal Mental Health Hotline, 1-833-TLC-MAMA. 20
  • Crisis line: call or text 988.

Where these facts come from

  1. U.S. Government Publishing Office, Electronic Code of Federal Regulations. 34 CFR Part 303, Early Intervention Program for Infants and Toddlers with Disabilities. 2025. www.ecfr.gov/current/title-34/subtitle-B/chapter-III/part-30. Link checked September 3, 2026.
  2. Early Childhood Technical Assistance Center. Part C Coordinators by State. 2025. ectacenter.org/contact/ptccoord.asp. Link checked September 3, 2026.
  3. U.S. Department of Education. IDEA Part B, Assistance for Education of All Children with Disabilities. 2025. sites.ed.gov/idea/statute-chapter-33/subchapter-ii. Link checked September 3, 2026.
  4. Centers for Medicare and Medicaid Services, Medicaid.gov. Section 1915(c) Home and Community-Based Waivers. 2025. www.medicaid.gov/medicaid/home-community-based-services/auth. Link checked September 3, 2026.
  5. Centers for Medicare and Medicaid Services, Medicaid.gov. Katie Beckett and TEFRA State Plan Option. 2025. www.medicaid.gov/medicaid/eligibility/index.html. Link checked September 3, 2026.
  6. Social Security Administration. Benefits for Children with Disabilities. 2025. www.ssa.gov/pubs/EN-05-10026.pdf. Link checked September 3, 2026.
  7. ABLE National Resource Center. What are ABLE Accounts. 2025. www.ablenrc.org/what-is-able/what-are-able-accounts/. Link checked September 3, 2026.
  8. Health Resources and Services Administration. Title V Maternal and Child Health Services Block Grant. 2025. mchb.hrsa.gov/programs-impact/title-v-maternal-child-health-. Link checked September 3, 2026.
  9. American Bar Association. State Bar Association Directory. 2025. www.americanbar.org/groups/bar_services/resources/state-loca. Link checked September 3, 2026.
  10. U.S. Department of Health and Human Services, Office for Civil Rights. Individuals Right under HIPAA to Access their Health Information, 45 CFR 164.524. 2024. www.hhs.gov/hipaa/for-professionals/privacy/guidance/access/. Link checked September 3, 2026.
  11. U.S. Government Publishing Office, Electronic Code of Federal Regulations. 45 CFR 164.524, Access of individuals to protected health information. 2025. www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-1. Link checked September 3, 2026.
  12. March of Dimes. PeriStats. 2025. www.marchofdimes.org/peristats. Link checked September 3, 2026.
  13. CDC WONDER. Natality public use files. 2025. wonder.cdc.gov/natality.html. Link checked September 3, 2026.
  14. Centers for Medicare and Medicaid Services. Medicare Care Compare, Hospital. 2025. www.medicare.gov/care-compare/. Link checked September 3, 2026.
  15. The Leapfrog Group. Leapfrog Hospital Survey Results, Maternity Care. 2025. ratings.leapfroggroup.org/. Link checked September 3, 2026.
  16. Center for Parent Information and Resources. Find Your Parent Center. 2025. www.parentcenterhub.org/find-your-center/. Link checked September 3, 2026.
  17. Family Voices. Family-to-Family Health Information Centers. 2025. familyvoices.org/affiliate-organizations/. Link checked September 3, 2026.
  18. The Arc of the United States. Find a Local Chapter. 2025. thearc.org/find-a-chapter/. Link checked September 3, 2026.
  19. ARCH National Respite Network. National Respite Locator Service. 2025. archrespite.org/respitelocator/. Link checked September 3, 2026.
  20. Health Resources and Services Administration. National Maternal Mental Health Hotline. 2025. mchb.hrsa.gov/national-maternal-mental-health-hotline. Link checked September 3, 2026.