N.Y. Public Health Law 2550 – Responsibilities of lead agency
§ 2550. Responsibilities of lead agency. 1. The lead agency is responsible for the general administration and supervision of programs and activities receiving assistance under this title, and the monitoring of programs and activities used by the state to carry out this title, whether or not such programs or activities are receiving assistance made available under this title, to ensure that the state complies with the provisions of this title.
Terms Used In N.Y. Public Health Law 2550
- approved: as used in this title shall mean a provider who is approved by the department in accordance with department regulations and has entered into an agreement with the department for the provision of evaluations, service coordination or early intervention services. See N.Y. Public Health Law 2550
- Early intervention services: means developmental services that:
(a) are provided under public supervision;
(b) are selected in collaboration with the parents;
(c) are designed to meet a child's developmental needs in any one or more of the following areas:
(i) physical development, including vision and hearing,
(ii) cognitive development,
(iii) communication development,
(iv) social or emotional development, or
(v) adaptive development;
(d) meet the coordinated standards and procedures;
(e) are provided by qualified personnel;
(f) are provided in conformity with an IFSP;
(g) are, to the maximum extent appropriate, provided in natural environments, including the home and community settings where children without disabilities would participate;
(h) include, as appropriate:
(i) family training, counseling, home visits and parent support groups,
(ii) special instruction,
(iii) speech pathology and audiology,
(iv) occupational therapy,
(v) physical therapy,
(vi) psychological services,
(vii) case management services, hereafter referred to as service coordination services,
(viii) medical services for diagnostic or evaluation purposes, subject to reasonable prior approval requirements for exceptionally expensive services, as prescribed by the commissioner,
(ix) early identification, screening, and assessment services,
(x) health services necessary to enable the infant or toddler to benefit from the other early intervention services,
(xi) nursing services,
(xii) nutrition services,
(xiii) social work services,
(xiv) vision services,
(xv) assistive technology devices and assistive technology services,
(xvi) transportation and related costs that are necessary to enable a child and the child's family to receive early intervention services, and
(xvii) other appropriate services approved by the commissioner. See N.Y. Public Health Law 2541 - Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lead agency: means the department of health, the public agency responsible for the administration of the early intervention system in collaboration with the state early intervention service agencies. See N.Y. Public Health Law 2541
- Qualified personnel: means :
(a) persons holding a state approved or recognized certificate, license or registration in one of the following fields:
(i) special education teachers;
(ii) speech and language pathologists and audiologists;
(iii) occupational therapists;
(iv) physical therapists;
(v) social workers;
(vi) nurses;
(vii) dieticians or nutritionists;
(viii) other persons designated by the commissioner who meet requirements that apply to the area in which the person is providing early intervention services, where not in conflict with existing professional licensing, certification and/or registration requirements. See N.Y. Public Health Law 2541
2. In meeting the requirements of subdivision one of this section, the lead agency shall adopt and use proper methods of administering the early intervention program, including:
(a) establishing standards for evaluators, service coordinators and providers of early intervention services;
(b) approving, and periodically re-approving evaluators, service coordinators and providers of early intervention services who meet department standards; provided however that the department may require that approved evaluators, service coordinators and providers of early intervention services enter into agreements with the department in order to conduct evaluations or render service coordination or early intervention services in the early intervention program. Such agreements shall set forth the terms and conditions of participation in the program. If the department requires that such providers enter into agreements with the department for participation in the program, "approval" or "approved" as used in this title shall mean a provider who is approved by the department in accordance with department regulations and has entered into an agreement with the department for the provision of evaluations, service coordination or early intervention services. The department shall use best efforts to ensure provider capacity in the early intervention program.
(c) monitoring of agencies, institutions and organizations under this title and agencies, institutions and organizations providing early intervention services which are under the jurisdiction of a state early intervention service agency;
(d) enforcing any obligations imposed on those agencies under this title or Part H of the federal individuals with disabilities education act and its regulations;
(e) providing training and technical assistance to those agencies, institutions and organizations, including initial and ongoing training and technical assistance to municipalities to help enable them to identify, locate and evaluate eligible children, develop IFSPs, ensure the provision of appropriate early intervention services, promote the development of new services, where there is a demonstrated need for such services and afford procedural safeguards to infants and toddlers and their families;
(f) correcting deficiencies that are identified through monitoring; and
(g) in monitoring early intervention services, the commissioner shall provide municipalities with the results of any review of early intervention services undertaken and shall provide the municipalities with the opportunity to comment thereon.
3. The commissioner, through a comprehensive system of personnel development, shall promote the availability of qualified personnel to provide evaluations and early intervention services to eligible children and their families.