NY Pub Health L § 2553 (2021)
2021 New York Laws PBH - Public Health Article 25 - Maternal and Child Health Title 2-A - Early Intervention Program for Infants and Toddlers With Disabilities and Their Families 2553 - Early Intervention Coordinating Council.

§ 2553. Early intervention coordinating council. 1. (a) The department shall establish an early intervention coordinating council.  (b)  The  council  shall  consist  of thirty members, unless otherwise required by federal law,  appointed  by  the  governor.  At  least  five members shall be parents, four of whom shall be parents of children with disabilities  aged twelve or younger and one of whom shall be the parent of a child with disabilities aged six or younger; at least five shall be representatives of public or private  providers  of  early  intervention services;  at  least  one  shall be involved in personnel preparation or training; at least three shall be representatives of managed care  plans or  managed  care  plan  trade associations familiar with how claims for services provided pursuant to this title are managed; at least two shall be early intervention officials; at least two shall be  members  of  the legislature  or such members' designees; seven shall be the commissioner and the commissioners of education, the office of  children  and  family services,   people   with  developmental  disabilities,  mental  health, alcoholism and  substance  abuse  services  and  the  superintendent  of financial  services,  or  their  appropriate  designees  with sufficient authority to engage in policy planning and implementation on  behalf  of their agencies.  (c)  The  governor  shall appoint ten members on the recommendation of the temporary president of the senate and the speaker of  the  assembly, each  of  whom  shall recommend five members as follows: one parent of a child with disabilities age twelve or  younger;  one  representative  of public   or  private  providers  of  early  intervention  services;  one representative of a  managed  care  plan  or  managed  care  plan  trade association  familiar  with how claims for services provided pursuant to this title are managed; one member of the  legislature;  and  one  early intervention  official.  The  governor shall appoint four members on the recommendations of the minority leader of the assembly and the  minority leader  of  the  senate,  each  of  whom  shall recommend two members as follows: one parent of a child with disabilities age twelve or  younger; one  representative of public or private providers of early intervention services.  (d) The governor shall designate a chairperson from among the  members of  the  council. All members shall serve for terms of three years. Such terms shall be established so that the terms of no more  than  one-third of the members of the council expire each year.  (e) A majority of the appointed voting membership of the council shall constitute a quorum.   2. The council shall:  (a)  assist  the  lead agency in the effective performance of the lead agency's responsibilities set out under this title, including:  (i) identifying the sources of fiscal support for  early  intervention services  and  programs,  assignment  of financial responsibility to the appropriate agency and promotion of interagency agreements;  (ii)  preparing  applications  and  amendments  required  pursuant  to federal law;  (iii)  advising  and  assisting  the  commissioner  regarding  payment methodologies  established  pursuant  to  section  twenty-five   hundred fifty-five  of  this  title to reimburse adequately the cost of services authorized pursuant to  this  article  and  to  promote  the  efficient, economical,   productive  and  stable  delivery  of  early  intervention services. The council shall convene a reimbursement advisory panel,  the members  of  which shall be appointed by the commissioner, to assist the council regarding such payment methodologies. Such panel  shall  consist of  no  more  than  sixteen  members,  and  shall  include at least four representatives of municipalities,  at  least  four  representatives  of  statewide and regional provider organizations, and such other members as the commissioner shall deem appropriate.  (b)   advise  and  assist  the  commissioner  and  other  state  early intervention  service  agencies  in  the  development   of   coordinated standards   and  procedures  pursuant  to  section  twenty-five  hundred fifty-one of this title in order to promote the full  participation  and cooperation of such agencies;  (c)  advise  and  assist  the  commissioner  and  the  commissioner of education regarding the transition  of  toddlers  with  disabilities  to services  provided under section forty-four hundred ten of the education law, to the extent such services are appropriate;  (d) advise and assist the commissioner in  identifying  barriers  that impede  timely  and  effective  service  delivery,  including advice and assistance with regard to interagency disputes; and  (e)  prepare  and  submit  an  annual  report  to  the  governor   and legislature on the status of the early intervention program.   3. The council shall meet at least four times a year. Special meetings may  be  called by the chairperson and shall be called at the request of the commissioner.   4. At least sixty days prior to the commissioner's final  approval  of rules and regulations pursuant to this title, other than emergency rules and  regulations,  the  commissioner  shall  submit  proposed  rules and regulations to the council for its review. The council shall review  all proposed rules and regulations and report its recommendations thereon to the  commissioner within sixty days. The commissioner shall not act in a manner inconsistent with the  recommendations  of  the  council  without first  providing the reasons therefor. The council, upon a majority vote of its members, may require that an alternative approach to the proposed rules and regulations be published with a notice of the  proposed  rules and  regulations  pursuant  to  section  two  hundred  two  of the state administrative procedure act. When an alternative approach is  published pursuant  to  this section, the commissioner shall state the reasons for not selecting such alternative approach.   5. The members of the council shall be allowed  their  reasonable  and necessary   expenses   incurred  in  the  performance  of  their  duties hereunder.