§ 2553 — Early intervention coordinating council

New York § 2553

• Jurisdiction: New York
• Law PBH: Public Health
• Title 2-A: Early Intervention Program For Infants and Toddlers With Disabilities and Their Families
• Art. 25: Maternal and Child Health

Text

§ 2553. Early intervention coordinating council. 1. (a) The department\nshall establish an early intervention coordinating council.\n (b) The council shall consist of thirty members, unless otherwise\nrequired by federal law, appointed by the governor. At least five\nmembers shall be parents, four of whom shall be parents of children with\ndisabilities aged twelve or younger and one of whom shall be the parent\nof a child with disabilities aged six or younger; at least five shall be\nrepresentatives of public or private providers of early intervention\nservices; at least one shall be involved in personnel preparation or\ntraining; at least three shall be representatives of managed care plans\nor managed care plan trade associations familiar with how claims for\nservices provided pursuant to this title are managed; at least two shall\nbe early intervention officials; at least two shall be members of the\nlegislature or such members' designees; seven shall be the commissioner\nand the commissioners of education, the office of children and family\nservices, people with developmental disabilities, mental health,\nalcoholism and substance abuse services and the superintendent of\nfinancial services, or their appropriate designees with sufficient\nauthority to engage in policy planning and implementation on behalf of\ntheir agencies.\n (c) The governor shall appoint ten members on the recommendation of\nthe temporary president of the senate and the speaker of the assembly,\neach of whom shall recommend five members as follows: one parent of a\nchild with disabilities age twelve or younger; one representative of\npublic or private providers of early intervention services; one\nrepresentative of a managed care plan or managed care plan trade\nassociation familiar with how claims for services provided pursuant to\nthis title are managed; one member of the legislature; and one early\nintervention official. The governor shall appoint four members on the\nrecommendations of the minority leader of the assembly and the minority\nleader of the senate, each of whom shall recommend two members as\nfollows: one parent of a child with disabilities age twelve or younger;\none representative of public or private providers of early intervention\nservices.\n (d) The governor shall designate a chairperson from among the members\nof the council. All members shall serve for terms of three years. Such\nterms shall be established so that the terms of no more than one-third\nof the members of the council expire each year.\n (e) A majority of the appointed voting membership of the council shall\nconstitute a quorum.\n 2. The council shall:\n (a) assist the lead agency in the effective performance of the lead\nagency's responsibilities set out under this title, including:\n (i) identifying the sources of fiscal support for early intervention\nservices and programs, assignment of financial responsibility to the\nappropriate agency and promotion of interagency agreements;\n (ii) preparing applications and amendments required pursuant to\nfederal law;\n (iii) advising and assisting the commissioner regarding payment\nmethodologies established pursuant to section twenty-five hundred\nfifty-five of this title to reimburse adequately the cost of services\nauthorized pursuant to this article and to promote the efficient,\neconomical, productive and stable delivery of early intervention\nservices. The council shall convene a reimbursement advisory panel, the\nmembers of which shall be appointed by the commissioner, to assist the\ncouncil regarding such payment methodologies. Such panel shall consist\nof no more than sixteen members, and shall include at least four\nrepresentatives of municipalities, at least four representatives of\nstatewide and regional provider organizations, and such other members as\nthe commissioner shall deem appropriate.\n (b) advise and assist the commissioner and other state early\nintervention service agencies in the development of coordinated\nstandards and procedures pursuant to section twenty-five hundred\nfifty-one of this title in order to promote the full participation and\ncooperation of such agencies;\n (c) advise and assist the commissioner and the commissioner of\neducation regarding the transition of toddlers with disabilities to\nservices provided under section forty-four hundred ten of the education\nlaw, to the extent such services are appropriate;\n (d) advise and assist the commissioner in identifying barriers that\nimpede timely and effective service delivery, including advice and\nassistance with regard to interagency disputes; and\n (e) prepare and submit an annual report to the governor and\nlegislature on the status of the early intervention program.\n 3. The council shall meet at least four times a year. Special meetings\nmay be called by the chairperson and shall be called at the request of\nthe commissioner.\n 4. At least sixty days prior to the commissioner's final approval of\nrules and regulations pursuant to this title, other than emergency rules\nand regulations, the commissioner shall submit proposed rules and\nregulations to the council for its review. The council shall review all\nproposed rules and regulations and report its recommendations thereon to\nthe commissioner within sixty days. The commissioner shall not act in a\nmanner inconsistent with the recommendations of the council without\nfirst providing the reasons therefor. The council, upon a majority vote\nof its members, may require that an alternative approach to the proposed\nrules and regulations be published with a notice of the proposed rules\nand regulations pursuant to section two hundred two of the state\nadministrative procedure act. When an alternative approach is published\npursuant to this section, the commissioner shall state the reasons for\nnot selecting such alternative approach.\n 5. The members of the council shall be allowed their reasonable and\nnecessary expenses incurred in the performance of their duties\nhereunder.\n