New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter H - Family Health › Part 69 - Family Health › Subpart 69-4 - Early Intervention Program › Section 69-4.23 - Initial and continuing eligibility criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Initial eligibility for the Early
					 Intervention Program shall be established by medical or other records or a
					 multidisciplinary evaluation conducted in accordance with section
					 69-4.8 
					 of this Subpart and shall be based on the following criteria:
(1) a diagnosed physical or mental condition
					 with a high probability of resulting in developmental delay; or
(2) the presence of a developmental delay
					 which affects functioning in one or more of the following domains of
					 development: cognition, physical (including vision, hearing and oral motor
					 feeding and swallowing disorders), communication, social-emotional, or adaptive
					 development; and, as measured by qualified personnel using informed clinical
					 opinion, appropriate diagnostic procedures, and/or instruments and documented
					 as:
(i) a 12-month delay in one domain;
					 or
(ii) a 33 percent delay in one
					 domain or a 25 percent delay in each of two domains; or
(iii) if appropriate standardized instruments
					 are individually administered in the evaluation process, a score of at least
					 2.0 standard deviations below the mean in one domain or a score of at least 1.5
					 standard deviation below the mean in each of two domains; or
(iv) notwithstanding subdivisions (i)-(iii)
					 of this paragraph for children who have been found to have a delay only in the
					 communication domain, delay shall be defined as a score of 2.0 standard
					 deviations below the mean in the area of communication; or, if no standardized
					 test is available or appropriate for the child, or the tests are inadequate to
					 accurately represent the child's developmental level in the informed clinical
					 opinion of the evaluator, a delay in the area of communication shall be a
					 severe delay or marked regression in communication development as determined by
					 specific qualitative evidence-based criteria articulated in clinical practice
					 guidelines issued by the department, including the following:
(a) for children 18 months of age or older;
(1) a severe language delay as indicated by
					 no single words by 18 months of age, a vocabulary of fewer than 30 words by 24
					 months of age, or no two-word combinations by 36 months of age; or
(2) the documented presence of a clinically
					 significant number of known predictors of continued language delay at 18-36
					 months of age, in each of the following areas of speech language and non-speech
					 development:
(i) language
					 production;
(ii) language
					 comprehension;
(iii)
					 phonology;
(iv)
					 imitation;
(v) play;
(vi) gestures;
(vii) social skills; and
(viii) health and family history of language
					 problems; or
(b)
					 for children younger than 18 months of age, documentation that the child has
					 attained none of the normal language milestones expected for children in the
					 next younger age range, and none for the upper limit of the child's current
					 chronological age range, and the presence of a preponderance of established
					 prognostic indicators of communication delay that will not resolve without
					 intervention, as specified in clinical practice guidelines issued by the
					 department.