Notice of Proposed Rulemaking for the New York State Early Intervention Program
January 10, 2010
Dear Interested Party:
The New York State Department of Health (DOH) published a notice of proposed rulemaking for the New York State Early Intervention Program in the New York State Register issued on Wednesday, January 6, 2010.
The Early Intervention Program has 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 to 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's website at: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's website at: http://www.nyhealth.gov/nysdoh/phforum/proposed_rulemaking/ .
In addition, the Department will be holding public hearings to receive public comment on the notice of proposed rulemaking on the dates shown in the chart below. Please note that the dates, times and locations of the hearings have changed from those listed in the State Register.
| Date | City/County | Time | Location |
|---|---|---|---|
| Friday, Feb. 5, 2010 |
Albany | 10:00 A.M. | Best Western Sovereign Hotel 1228 Western Avenue Albany, NY 12203 |
| Monday, Feb. 8, 2010 |
New York City | 10:00 A.M. | Hotel Pennsylvania 401 Seventh Avenue New York, NY 10001 |
| Tuesday, Feb. 16, 2010 |
Rochester | 11:00 A.M. | Doubletree Hotel 1111 Jefferson Road Rochester, NY 14623 |
Individuals/organizations wishing to present their views on the proposed regulations at the hearing must pre-register by filling out the attached registration form and emailing it to bei@health.state.ny.us . Persons who pre-register to make public comment will be called upon to speak first. Others who wish to speak but have not pre-registered will be called as time allows and in the order in which they register on the day of the hearing. Testimony may be limited to five minutes to provide all speakers with an opportunity to participate. All speakers must bring a copy of their testimony to submit as part of the official record. An interpreter will be provided for persons who request this service in advance. There is a section on the registration form attached below for making this request. If you wish to attend a hearing but not provide testimony, you do not need to fill out a registration form.
Written statements or comments on the proposed regulations can be filed prior to the hearing, at the hearing or after the hearing until the close of the comment period on March 8, 2010. Written and oral statements will be made part of the official record and a Response to Comments will be included with the final regulations. Written statements or comments on the proposed regulations should be filed with:
Katherine 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@health.state.ny.us
If you need additional information on the public hearings, please submit your questions by email to bei@health.state.ny.us .
Thank you.
