Proposed changes NYS EI

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Just passing along for info: for questions please use the contacts listed in the

article.

Parent to Parent NYS: New York City Office

The NYS Department of Health Bureau of Early Intervention published

notice in the New York State Register about their intent to amend/change

the Early Intervention Program regulations. Below is correspondence

from the Bureau of Early Intervention about the proposed changes, which

contains links to access the information. For your convenience, I am

attaching a copy of the Proposed Rule Making: Amendment of Subpart 69-4

of Title 10 NYCRR (Early Intervention Program).

Important,

The Department will be holding public hearings to receive public comment

on the notice of proposed rulemaking on the following dates. Please note

that the dates, times and locations of the hearings have changed from

those listed in the State Register.

1. Friday, Feb. 5, 2010, 10:00 A.M., Best Western Sovereign Hotel,

1228 Western Ave., Albany, NY 12203

2. Monday Feb. 8, 2010, 10:00 A.M., Hotel Pennsylvania, 401 Seventh

Ave., New York NY 10001

3. Tuesday Feb. 16, 2010 11:00 A.M., Doubletree Hotel, 1111

Jefferson Road, Rochester NY 14623

To register to attend the public hearing, including to provide public

comment, please send an e-mail to: bei@...

</mc/compose?to=bei@...> .

Please help us reach parents of children in the Early Intervention

Program, or parents/caregivers interested in Early Intervention Program

policy, to encourage their written comments or participation in the

public hearings.

If you have any questions, or need assistance, please don't hesitate to

contact me at: margsampson@...

</mc/compose?to=margsampson@...> (Note: new email address);

or by phone (877) 205-0502 toll-free.

Thanks so much for your support.

Margaret

Margaret Sampson

Family Initiative Coordinator

Family Initiative Coordination Services Project

Just Kids Foundation

P.O. Box 12

Middle Island, NY 11953

Phone: (631) 205-0502

Fax: (631) 924-1243

Email: margsampson@...

</mc/compose?to=margsampson@...>

Web: http://www.eifamilies.com <http://www.eifamilies.com>

Subject: Proposed Rulemaking for the Early Intervention Program

Dear Colleague:

I am writing to inform you that a notice of proposed rulemaking for the

New York State Early Intervention Program is published in today's New

York State Register issue, Wednesday, January 6, 2009.

The Early Intervention Program has now been in full operation for more

than sixteen years, and current program regulations were issued in 1997.

Revisions to 10 NYCRR 69-4 are needed to conform to federal and State

statutory changes enacted since promulgation of final regulations and

improve the State's capacity to ensure that early intervention services

are delivered in a cost-effective manner, improve program quality and

accountability, assure adequate capacity to deliver early intervention

services to eligible children and their families, and ensure that only

those children whose development is compromised are eligible to

participate in the program. To this end, the notice of proposed

rulemaking amends definitions applicable to the program (69-4.1), amends

section 69-4.3 on referrals; adds a new section 69-4.3a on initial and

ongoing eligibility; repeals section 69-4.5 and replaces it with a new

section which includes specific standards for approval of agencies and

individuals; adds a new section 69-4.5a on proceedings involving

approved providers; amends section 69-4.6 on service coordination;

amends section 69-4.8 on evaluations; amends section 69-4.9 on provider

standards; adds a new section 69-4.9a, on standards for agency providers

delivering ABA intervention programs when employing ABA intervention

program aides; amends section 69-4.11 on IFSPs; amends section 69-4.12

on monitoring; adds a new section 69-4.17 on content and retention of

child records; amends section 69-4.20 on transition; and, amends section

69-4.30 to establish authority for hourly rates for ABA intervention

program aides.

The New York State Register can be accessed in a fully searchable

on-line format, and as a pdf, at the Department of State website at the

following

URL:http://www.dos.state.ny.us/info/register/2010/jan6/pdfs/rules.pdf

<http://www.dos.state.ny.us/info/register/2010/jan6/pdfs/rules.pdf> .

Since the entire set exceeds 2,000 words a summary is published in the

State Register. The complete set of proposed regulations can be obtained

at the Department of Health website at the following URL:

http://www.nyhealth.gov/nysdoh/phforum/proposed_rulemaking/

<http://www.nyhealth.gov/nysdoh/phforum/proposed_rulemaking/> .

We encourage you to review the notice of proposed rulemaking and submit

comments, by email or in writing, to:

Ceroalo

New York State Department of Health

Bureau of House Counsel, Regulatory Affairs Unit

Corning Tower Building, Rm. 2438

Empire State Plaza

Albany, New York 12237

(518) 473-7488

(518) 473-2019 (FAX)

REGSQNA@... </mc/compose?to=REGSQNA@...>

In addition, the Department will be holding public hearings to receive

public comment on the notice of proposed rulemaking on the following

dates. Please note that the dates, times and locations of the hearings

have changed from those listed in the State Register.

Friday, Feb. 5, 2010, 10:00 A.M., Best Western Sovereign Hotel, 1228

Western Ave., Albany, NY 12203

Monday Feb. 8, 2010, 10:00 A.M., Hotel Pennsylvania, 401 Seventh Ave.,

New York NY 10001

Tuesday Feb. 16, 2010 11:00 A.M., Doubletree Hotel, 1111 Jefferson Road,

Rochester NY 14623

To register to attend the public hearing, including to provide public

comment, please send an e-mail to: bei@...

</mc/compose?to=bei@...> .

Thank you.

Brad Hutton, M.P.H.

Director

Bureau of Early Intervention

Here is one of the proposed changes related to Communication:

A new section 69-4.3a is created establishing initial and continuing

eligibility criteria for the program. For children with a delay only in

the communication domain, the criteria are a score of 2.0 standard

deviations below the mean in the area of communication. If no test is

appropriate for the child, a delay in the area of communication is

determined by qualitative criteria in clinical practice guidelines

issued by the Department. Subdivision ( of section 69-4.3a allows

early intervention officials to require a determination be made of the

child's continuing eligibility if substantial progress has been

made. Continuing eligibility will be established by a multidisciplinary

evaluation and can include: a delay consistent with the criteria for

initial eligibility, a delay in one or more domains such that the child

is not within the normal range expected for his or her age, a score of

1.0 standard deviation below the mean in one or more domain or the

continuing presence of a diagnosed condition with a high probability of

delay.