N.Y. Public Health Law § 2551: Coordinated standards and procedures

§ 2551. Coordinated standards and procedures. 1. The state early

intervention service agencies shall jointly establish coordinated

standards and procedures for:

(a) early intervention services and evaluations;

(b) child find system and public awareness program; and

(c) programs and services, operating under the approval authority of

any state early intervention service agency, which include any early

intervention services or evaluations.

2. Such coordinated standards and procedures shall be designed to:

(a) enhance the objectives of this title, including the provision of

services in natural environments to the maximum extent possible;

(b) minimize duplicative and inconsistent regulations and practices

among the state early intervention service agencies;

(c) conform, to the extent appropriate, to existing standards and

procedures of state early intervention service agencies; and

(d) ensure that persons who provide early intervention services are

trained, or can demonstrate proficiency in principles of early childhood

development.

3. Coordinated standards and procedures may include guidelines

suggesting appropriate early intervention services for enumerated

disabilities that are most frequently found in eligible children.

4. Coordinated standards and procedures may encompass or allow for

agreements among two or more such agencies.

5. Any standards promulgated by regulation or otherwise by any state

early intervention service agency governing early intervention services

or evaluations shall be consistent with the coordinated standards and

procedures.

6. In the event of an inability to agree upon any coordinated standard

or procedure, any state early intervention service agency may refer the

issue to the early intervention coordinating council for its advice with

respect to the standard or procedure which the council shall provide to

the early intervention service agencies affected by the issue. The

commissioner, after obtaining such advice, shall adopt an appropriate

standard or procedure, provided however, that the commissioner may adopt

an interim standard or procedure while awaiting such advice.

7. The early intervention service agencies, in consultation with the

director of the budget, shall, where appropriate, require as a condition

of approval that evaluators and providers of early intervention services

participate in the medical assistance program.

8. The coordinated standards and procedures shall permit such

evaluators and providers of services to rely on subcontracts or other

written agreements with qualified professionals, or agencies employing

such professionals, provided that such professionals perform their

responsibilities in conformance with regulations of the commissioner and

that providers and evaluators fully disclose any such arrangements,

including any financial or personal interests, on all applications for

approval.

9. Coordinated standards and procedures may identify circumstances and

procedures under which an evaluator or service provider may be

disqualified under this title, including procedures whereby a

municipality may request such disqualification.