2023 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.