reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part IV - Intake, Eligibility, and Assessment › Section 12VAC35-225-90 - Eligibility determination process

Current through Register Vol. 40, No. 24, July 15, 2024
A. Eligibility determination shall be
				  conducted by a multidisciplinary team of certified early intervention
				  professionals, which may include one individual who is certified as an early
				  intervention practitioner in more than one discipline or profession, and shall
				  include the use of informed clinical opinion.
B. Eligibility determination shall be
				  conducted in a nondiscriminatory manner and with procedures selected that are
				  not racially, culturally, or linguistically discriminatory.
C. Eligibility determination shall be
				  conducted in the native language of the parent or other mode of communication
				  used by the parent unless the early intervention service providers conducting
				  the evaluation of the child determine that the language normally used by the
				  child is developmentally appropriate for the child.
D. No single procedure shall be used as the
				  sole criterion for determining a child's eligibility.
E. Eligibility determination shall include:
1. Use of an evaluation instrument;
2. Taking the child's history, including
				  interviewing the parent;
3.
				  Identifying the child's level of functioning in cognitive, physical,
				  communication, social or emotional, and adaptive development;
4. Gathering information from other sources
				  such as family members, other caregivers, medical providers, social workers,
				  and educators, if necessary, to understand the full scope of the child's unique
				  strengths and needs; and
5.
				  Reviewing medical, educational, or other records.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part IV - Intake, Eligibility, and Assessment › Section 12VAC35-225-100 - Ineligibility for early intervention services

Current through Register Vol. 40, No. 24, July 15, 2024
If, through the process of eligibility determination, a
					 child is found to be not eligible for early intervention services, the service
					 coordinator shall provide the parent with:
1. A prior written notice that the child has
				  been determined to be not eligible, and
2. A copy and explanation of the notice of
				  child and family rights and safeguards including the parent's right to dispute
				  the eligibility determination by any combination of requesting mediation,
				  making a due process complaint, or filing an administrative
				  complaint.
Statutory Authority: § 2.2-5304 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part IV - Intake, Eligibility, and Assessment › Section 12VAC35-225-110 - Assessment for service planning

Current through Register Vol. 40, No. 24, July 15, 2024
A. With prior written notice and parental
				  consent, each child found eligible for early intervention services shall
				  receive:
1. A multidisciplinary assessment of
				  the child's unique strengths and needs and the identification of services
				  appropriate to meet those needs; and
2. A family-directed assessment of the
				  resources, priorities, and concerns of the family and identification of the
				  supports and services necessary to enhance the family's capacity to meet the
				  developmental needs of that infant or toddler.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part V - Service Planning, Delivery, Transition, and Discharge › Section 12VAC35-225-130 - IFSP approval and selection of service providers

Current through Register Vol. 40, No. 24, July 15, 2024
A. The service coordinator shall explain the
				  contents of the IFSP to the parent, and informed written consent shall be
				  obtained as indicated by the parent's signature and date of signature on the
				  IFSP prior to the provision of early intervention services.
B. The service coordinator shall assist the
				  family in selecting a service provider for each early intervention service
				  listed on the IFSP from among those provider agencies, including independent
				  providers, that are qualified to provide the services identified on the IFSP,
				  that are in the parent's payor network, and that practice in the area where the
				  child and family live. The parent's choice of service providers shall be
				  documented on the IFSP addendum page, which shall be signed and dated by the
				  parent prior to service delivery.
1. If no
				  early intervention service provider that can support and assist the family in
				  accomplishing the IFSP outcomes is available within the family's Medicaid or
				  private insurance network, then the parent shall be able to choose an early
				  intervention service provider from outside the parent's third party payor
				  network.
2. If there is only one
				  provider agency for the service needed by the child and family, then the parent
				  shall be offered a choice of early intervention service providers from within
				  that one provider agency for services other than service coordination. If the
				  parent elects not to receive services from the one provider agency, then the
				  local lead agency shall work to identify an alternative early intervention
				  service provider.
3. The parent
				  shall be offered the opportunity to select a provider agency any time a new
				  service is added or when a change in provider agency is needed.
4. If the selected provider agency is unable
				  to provide the service due to full provider caseloads or the requested early
				  intervention service provider within that provider agency is unavailable, then
				  the service coordinator shall explain to the parent the option to begin
				  services right away with an available provider or to wait for his chosen
				  provider to become available. If the parent chooses to wait, the service
				  coordinator shall document the parent's decision in a contact note, the
				  parent's consent to the IFSP service shall begin once the parent's specific
				  provider is available, and services shall be provided in a timely manner
				  following parental consent.
5. The
				  service coordinator shall inform the parent that he may request to change his
				  service provider at any time by contacting the service coordinator.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part V - Service Planning, Delivery, Transition, and Discharge › Section 12VAC35-225-140 - IFSP periodic review and updates

Current through Register Vol. 40, No. 24, July 15, 2024
A. A periodic IFSP review shall be conducted
				  every six months or any time the parent, service coordinator, or another member
				  of the IFSP team identifies the potential need for revisions to the IFSP
				  outcomes or services.
B. Each
				  periodic IFSP review shall provide for the participation of the IFSP team
				  members listed in 12VAC35-225-120 D 1 through D 4. If conditions warrant,
				  provisions must be made for the participation of other representatives
				  identified in 12VAC35-225-120 D.
C.
				  Each periodic IFSP review shall include a determination of the degree to which
				  progress has been made toward achieving the outcomes identified in the IFSP and
				  the need for revisions of the outcomes or early intervention services
				  identified in the IFSP.
Statutory Authority: § 2.2-5304 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part V - Service Planning, Delivery, Transition, and Discharge › Section 12VAC35-225-150 - Annual IFSP review

Current through Register Vol. 40, No. 24, July 15, 2024
A. An
				  annual IFSP review shall be conducted to evaluate and revise, as appropriate,
				  the IFSP for each child and the child's family.
B. The annual IFSP review shall include a
				  determination of the child's continuing eligibility to receive early
				  intervention services.
1. If the child's
				  records document a diagnosed physical or mental condition with a high
				  probability of resulting in developmental delay, then a service coordinator or
				  certified early intervention professional shall complete and sign the
				  eligibility determination form to document review of the record.
2. If the child's records document a
				  developmental delay based on ongoing assessment, then a certified early
				  intervention professional shall review the record to determine whether it
				  establishes eligibility and shall complete and sign the eligibility
				  determination form if it does.
3.
				  In all other circumstances, a multidisciplinary team shall review existing
				  health and developmental information gathered through records, parent input,
				  observation, and an evaluation tool, if needed, to determine the child's
				  continuing eligibility. The child's continuing eligibility determination date,
				  methods, participants, and results shall be documented on the eligibility
				  determination form.
4. The service
				  coordinator shall provide the family, at no cost, with a copy and explanation
				  of the eligibility determination form as soon as possible following the
				  eligibility determination.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part V - Service Planning, Delivery, Transition, and Discharge › Section 12VAC35-225-160 - Physician certification

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Physician certification shall be required regarding the medical necessity for
				  services if the child (i) is covered by public health insurance (Medicaid,
				  FAMIS, or TRICARE) or by private health insurance that requires such
				  certification and (ii) will receive services that can be reimbursed under that
				  insurance plan. Certification shall be obtained at the initial and annual IFSP
				  and any time a service is added or the frequency of a service is changed
				  through a periodic IFSP review.
B.
				  The service coordinator shall obtain a written certification of medical
				  necessity from a physician (or physician assistant or nurse practitioner). A
				  written certification requires:
1. A
				  signature on the IFSP;
2. A signed
				  letter referencing the IFSP; or
3.
				  A completed and signed IFSP summary letter.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part V - Service Planning, Delivery, Transition, and Discharge › Section 12VAC35-225-170 - Service delivery

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
				  early intervention service listed on a child's IFSP shall begin as soon as
				  possible but no more than 30 days from the date the parent signs the IFSP
				  unless the IFSP team decides on and documents the reasons for a later start
				  date to meet the individual needs of the child and family. The 30-day timeline
				  does not apply to delivery of an assistive technology device, which must be
				  secured as soon as possible after the parent signs the IFSP.
B. Early intervention supports and services
				  shall be provided only by certified early intervention service
				  practitioners.
C. The service
				  coordinator shall be responsible for the following:
1. Assisting parents of children with
				  disabilities in obtaining access to needed early intervention services and
				  other services identified in the IFSP, including making referrals to providers
				  for needed services and scheduling appointments for children and their
				  families;
2. Coordinating the
				  provision of early intervention services and other services, such as
				  educational, social, and medical services that are not provided for diagnostic
				  or evaluative purposes, that the child needs or are being provided;
3. Conducting referral and other activities
				  to assist families in identifying available early intervention service
				  providers;
4. Coordinating,
				  facilitating, and monitoring delivery of early intervention services required
				  to ensure the services are provided in a timely manner;
5. Conducting follow-up activities to
				  determine that appropriate early intervention services are being
				  provided;
6. If the child has
				  Medicaid or FAMIS:
a. Documenting in a
				  contact note the family's preferred method of contact (i.e., face-to-face,
				  phone, email, or text) for the family contacts that are required every three
				  months and any change in the family's preferred method of contact;
b. Making at least one direct contact with
				  the family every three calendar months, beginning no later than the month after
				  the initial IFSP is signed, with the method of contact determined by the
				  family; and
c. Requesting
				  completion of a health status report by the child's physician every six
				  months.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part V - Service Planning, Delivery, Transition, and Discharge › Section 12VAC35-225-180 - Service documentation

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Early intervention service providers shall document all contacts made and all
				  activities completed with or on behalf of families in a contact note within
				  five business days of the contact. All contact notes shall include:
1. The child's first and last
				  names;
2. Type of early
				  intervention service provided;
3.
				  Method of contact;
4. Date of the
				  note and date of the contact if the note is not written on the same date;
				  and
5. The early intervention
				  provider's signature, with a minimum of first initial and last name, discipline
				  and credentials of the provider, and the date the note is signed by the
				  provider.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part V - Service Planning, Delivery, Transition, and Discharge › Section 12VAC35-225-190 - Transition

Current through Register Vol. 40, No. 24, July 15, 2024
A. A child shall be
				  considered potentially eligible for preschool services under Part B unless
				  there is a clear expectation that the child will no longer require services by
				  the time he reaches age three years. The determination of whether a particular
				  child receiving early intervention services is potentially eligible for Part B
				  shall be made by that child's IFSP team as part of the transition
				  process.
B. The department shall
				  ensure the parent of a child with disabilities is informed of the availability
				  of services under § 619 of the Individuals with Disabilities Education Act
				  not fewer than 90 days prior to the toddler's third birthday.
C. For each child who is potentially eligible
				  for preschool services under Part B, and unless the parent objects, the service
				  coordinator shall ensure notification to the local school division and the
				  Virginia Department of Education not fewer than 90 days before the child's
				  third birthday or the anticipated date of transition if the child is age two
				  years by September 30 of a given school year.
1. The notification shall include the child's
				  name, date of birth, and parental contact information including the parents'
				  names, addresses, and telephone numbers.
2. The parent shall be informed in writing,
				  on the IFSP, of the information that will be included in the notification, the
				  earliest date on which the notification will be sent to the local school
				  division and the Virginia Department of Education, and his right to opt out of
				  the notification by initialing the opt out statement on the IFSP.
3. If the parent opts out of the
				  notification, the notification shall not be sent.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part V - Service Planning, Delivery, Transition, and Discharge › Section 12VAC35-225-200 - Referral and discharge

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  service coordinator shall transmit, with parental permission, child-specific
				  information (e.g., current IFSP), recent assessment findings, and other
				  pertinent records to the appropriate school division in which the child resides
				  as soon as possible after the notification to the local school division to
				  ensure continuity of services.
B.
				  If the child is found eligible for early intervention services more than 45
				  days but less than 90 days before (i) the child's third birthday or (ii) April
				  1 when the child will reach the age of eligibility for special education at the
				  beginning of the upcoming school year, then as soon as possible after
				  eligibility is determined, the service coordinator shall provide the
				  notification required in 12VAC35-225-190 C unless the parent objects to such
				  disclosure.
C. If a child is
				  referred to the local early intervention system less than 45 days before the
				  child's third birthday and that child may be eligible for preschool services
				  under Part B, the service coordinator shall, with parental consent, refer the
				  child to the local school division and Virginia Department of Education, but
				  the local early intervention system shall not be required to conduct an
				  eligibility determination, assessment for service planning, or hold an initial
				  IFSP meeting under these circumstances.
D. The service coordinator shall ensure exit
				  ratings on the child outcome indicators required by the U.S. Department of
				  Education, Office of Special Education Programs are completed prior to
				  discharge from Virginia's early intervention system for all children who had an
				  entry rating and who have been in the early intervention system for six months
				  or longer since their initial IFSP.
1. The
				  exit rating shall be done no more than six months prior to the child's exit
				  from Virginia's early intervention system.
2. Any circumstances that prevent completion
				  of exit ratings shall be documented in a contact note.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part VI - Service Funding and Payment Systems › Section 12VAC35-225-210 - Use of Part C funds

Current through Register Vol. 40, No. 24, July 15, 2024
A. Funds
				  available under Part C shall be used for the following activities:
1. To implement and maintain a statewide
				  system of early intervention supports and services for children with
				  disabilities and their families;
2.
				  For direct early intervention supports and services for children with
				  disabilities and their families that are not otherwise funded through other
				  public or private sources; and
3.
				  To expand and improve supports and services for children with disabilities and
				  their families that are otherwise available.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part VI - Service Funding and Payment Systems › Section 12VAC35-225-220 - Services provided at public expense

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following services shall be provided
				  at public expense and at no cost to families:
1. Child find activities;
2. Eligibility determination and assessment
				  for service planning;
3. Service
				  coordination;
4. Administrative and
				  coordinative activities related to the development, review, and evaluation of
				  IFSPs and interim IFSPs; and
5.
				  Administrative and coordinative activities related to implementation of
				  procedural safeguards and other components of the statewide early intervention
				  system related to child find, eligibility determination, assessment, and
				  development of IFSPs.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part VI - Service Funding and Payment Systems › Section 12VAC35-225-230 - System of payments

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department shall establish and implement a system of payments, including a
				  schedule of sliding family fees with monthly caps, for early intervention
				  services provided under Part C. Under that system:
1. Fees shall not be charged to parents for
				  the services a child is otherwise entitled to receive at no cost, including
				  those listed in 12VAC35-225-220;
2.
				  All early intervention services other than those listed in 12VAC35-225-220
				  shall be subject to family fees;
3.
				  The inability of the parent of a child with a disability to pay for services
				  shall not result in a delay or denial of services to the child or his family,
				  such that if the family meets the criteria for inability to pay, the child
				  shall receive all early intervention services at no cost to the
				  family;
4. Parents shall not be
				  charged any more than the actual cost of services, factoring in any amount
				  received from other payment sources for that service;
5. Charges for early intervention supports
				  and services shall be consistent regardless of the anticipated payment source,
				  and parents with public insurance or benefits or private insurance shall not be
				  charged disproportionately more than parents who do not have public insurance
				  or benefits or private insurance;
6. All parents shall have the opportunity to
				  submit information to establish ability to pay and a monthly cap for family
				  fees. Parents who choose not to provide the required income information shall
				  be charged for all applicable copayments, deductibles, and the full early
				  intervention rate for services not covered by insurance;
7. The service coordinator shall ensure a
				  family's ability to pay is established and consent for use of private
				  insurance, public benefits, or public insurance is determined at intake for
				  children who are covered by Medicaid or FAMIS and for all other children prior
				  to delivering early intervention services other than those services that must
				  be provided at no cost to the family; and
8. A family's ability to pay shall be
				  reviewed at each annual IFSP and any time the family's financial circumstances
				  change. If the family is unable to provide the required information, it shall
				  be charged for all applicable copayments and deductibles or the full early
				  intervention rate for services not covered by insurance.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part VI - Service Funding and Payment Systems › Section 12VAC35-225-240 - Use of public benefits or public insurance

Current through Register Vol. 40, No. 24, July 15, 2024
A. Parents shall not be required to enroll in
				  public benefits or public insurance programs as a condition of receiving early
				  intervention services, and parental consent shall be required prior to using
				  the public benefits and public insurance of a child or parent if that child or
				  parent is not already enrolled in such a program.
B. Parental consent shall be obtained before
				  the local lead agency or the early intervention service provider discloses, for
				  billing purposes, a child's personally identifiable information to the child's
				  assigned managed care organization, or if the child is not enrolled in managed
				  care, to the Department of Medical Assistance Services.
C. In Virginia, use of a child's or parent's
				  public benefits or public insurance to pay for early intervention services
				  shall not:
1. Decrease available lifetime
				  coverage or any other insured benefit for that child or parent under that
				  program;
2. Result in the child's
				  parents paying for services that would otherwise be covered by the public
				  benefits or public insurance program;
3. Result in any increase in premiums or
				  discontinuation of public benefits or public insurance for that child or his
				  parents; or
4. Risk loss of
				  eligibility for the child or that child's parents for home and community-based
				  waivers based on aggregate health-related expenditures.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part VI - Service Funding and Payment Systems › Section 12VAC35-225-250 - Use of private insurance

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The private insurance of a family may not be used to pay for early intervention
				  services unless the parent has provided prior consent.
B. Parental consent to use of private
				  insurance to pay for early intervention services shall be obtained when the
				  local lead agency or early intervention service provider seeks to use the
				  parent's private insurance or benefits to pay for the initial provision of
				  early intervention services and each time there is an increase (in frequency,
				  length, duration, or intensity) in the provision of services in the child's
				  IFSP.
C. The consent requirements
				  in subsections A and B of this section shall also apply when use of private
				  insurance is required prior to use of public benefits or public
				  insurance.
D. If a parent is
				  determined to be unable to pay and does not provide consent for use of private
				  insurance, the lack of consent shall not be used to delay or deny any early
				  intervention services to the child or family.
E. If the parent provides consent for use of
				  the family's private insurance to pay for early intervention services, Part C
				  or other funds may be used to pay for copayment or deductible amounts that
				  exceed the family's monthly cap, unless the family has money in a flexible
				  spending account that automatically pays the early intervention service
				  provider or the family for these costs.
F. Families shall be responsible for paying
				  their insurance premiums.
Statutory Authority: § 2.2-5304 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part VI - Service Funding and Payment Systems › Section 12VAC35-225-260 - Written notification

Current through Register Vol. 40, No. 24, July 15, 2024
When obtaining parental consent for the provision of early
					 intervention services or for use of public or private insurance or benefits, or
					 both, the service coordinator shall ensure the parents receive written
					 information on Virginia's system of payment policies, which includes the
					 following:
1. Required notification to
				  parents of children covered by Medicaid including:
a. Parental consent requirements in
				  12VAC35-225-240
				  B;
b. The cost protections in
				  12VAC35-225-240
				  C;
c. The local lead agency
				  responsibility to offer the early intervention services to which the parent has
				  provided consent even if the parent does not provide consent for use of public
				  benefits or public insurance as specified in
				  12VAC35-225-240
				  E;
d. The parent's right to
				  withdraw consent for disclosure, for billing purposes, of a child's personally
				  identifiable information to the child's assigned managed care organization, or
				  if the child is not enrolled in managed care, to the Department of Medical
				  Assistance Services at any time; and
e. Categories of costs to parents as
				  specified in
				  12VAC35-225-240
				  D;
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part VI - Service Funding and Payment Systems › Section 12VAC35-225-270 - Billing and collections of family fees, public benefits, and insurance

Current through Register Vol. 40, No. 24, July 15, 2024
A. The local lead
				  agency shall ensure billing for and collection of all family fees for the local
				  early intervention system by:
1. Doing all
				  billing and collection of family fees;
2. Contracting with a single entity to bill
				  for and collect all family fees for the local early intervention system;
				  or
3. Assigning the billing and
				  collection of the family fee to a specific early intervention service provider
				  for each child.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part VI - Service Funding and Payment Systems › Section 12VAC35-225-280 - Provider billing for early intervention services

Current through Register Vol. 40, No. 24, July 15, 2024
A. In order to receive reimbursement from
				  federal or state Part C funds as the payor of last resort, early intervention
				  service providers shall:
1. Have a
				  contractual relationship with the local early intervention system;
				  and
2. Submit a contact log or
				  contact notes to the local lead agency no later than the 21st of each month for
				  all services provided in the previous month, including any service for which
				  reimbursement is sought from Part C funds.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part VII - Procedural Safeguards › Section 12VAC35-225-290 - Notice of rights and procedural protections

Current through Register Vol. 40, No. 24, July 15, 2024
A. The service coordinator shall provide a
				  written copy and explanation of the child's and family's rights and procedural
				  safeguards at the intake visit and shall provide ongoing information and
				  assistance to the family regarding their rights and procedural safeguards
				  throughout the period of the child's eligibility for early intervention
				  services.
B. The notice and
				  explanation provided at the intake visit shall fully inform parents about the
				  confidentiality requirements under Part C.
Statutory Authority: § 2.2-5304 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part VII - Procedural Safeguards › Section 12VAC35-225-300 - Surrogate parent selection

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  A surrogate parent shall be assigned to a child if no parent of the child can
				  be identified, the local system cannot after reasonable efforts locate a
				  parent, or the child is a ward of the state. The service coordinator shall make
				  reasonable efforts to ensure that a surrogate parent is assigned to the child
				  within 30 days after determining the child needs a surrogate parent. In
				  implementing the surrogate parent requirements, if the child is in foster care
				  or a ward of the state, the service coordinator shall consult with the public
				  agency that has been assigned care of the child.
B. The person selected as a surrogate parent
				  shall:
1. Not be an employee of any public
				  agency or early intervention service provider that provides early intervention
				  services, education, care, or other services to the child or any member of the
				  child's family;
2. Have no personal
				  or professional interest that conflicts with the interest of the child he
				  represents; and
3. Have knowledge
				  and skills that ensure adequate representation of the child.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part VII - Procedural Safeguards › Section 12VAC35-225-310 - Prior written notice

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Prior written notice shall be given to the parent at least five days before an
				  early intervention provider proposes or refuses to initiate or change
				  identification, eligibility determination, or placement of the child or the
				  provision of early intervention services to the child or family.
B. The prior written notice shall be in
				  sufficient detail to inform the parent of the action being proposed or refused,
				  the reasons for taking the action, and available procedural safeguards,
				  including dispute resolution options.
C. The prior written notice shall be written
				  in language understandable to the general public and shall be provided in the
				  native language of the parent or other mode of communication used by the
				  parent, unless it is clearly not feasible to do so. If the parent does not use
				  a written language, documentation of the procedures used to provide prior
				  notice shall be included in a contact note.
Statutory Authority: § 2.2-5304 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part VII - Procedural Safeguards › Section 12VAC35-225-320 - Parental consents

Current through Register Vol. 40, No. 24, July 15, 2024
A. Written
				  parental consent shall be obtained prior to (i) performing eligibility
				  determinations and assessments; (ii) providing early intervention services; and
				  (iii) disclosing personally identifiable information to anyone other than
				  authorized representatives, officials, or employees of the department, local
				  lead agency, or early intervention service providers collecting, maintaining,
				  or using information under Part C and using public or private insurance or
				  benefits. When seeking parental consent, the service coordinator shall ensure
				  the following:
1. The parent is fully
				  informed of all information relevant to the activity for which consent is
				  sought, in the parent's native language;
2. The parent understands and agrees in
				  writing to the carrying out of the activity for which consent is
				  sought;
3. The consent form
				  describes that activity and lists the early intervention records (if any) that
				  will be released and to whom they will be released; and
4. The parent understands that the granting
				  of consent is voluntary on the part of the parent and may be revoked at any
				  time and that, if a parent revokes consent, that revocation is not
				  retroactive.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part VII - Procedural Safeguards › Section 12VAC35-225-330 - Early intervention records

Current through Register Vol. 40, No. 24, July 15, 2024
A. The local lead agency shall maintain a
				  central early intervention record for each child referred to the local early
				  intervention system. The central early intervention record must include the
				  following:
1. Accurate demographic and
				  referral information;
2. Signed
				  releases and consents;
3. Other
				  completed procedural safeguards forms;
4. A completed and signed initial early
				  intervention service coordination plan if the child has Medicaid or
				  FAMIS;
5. Assessment
				  reports;
6. Medical
				  reports;
7. All other documentation
				  collected during eligibility determination and IFSP development, including
				  reports from previous outside screenings and assessments;
8. Completed eligibility determination
				  forms;
9. All IFSPs developed,
				  including documentation of periodic reviews;
10. Contact logs or contact notes submitted
				  by providers, including service coordinators;
11. Copies of all correspondence to and from
				  the local lead agency or its providers with or on behalf of the
				  family;
12. Court orders related to
				  service provision, custody issues, or parental rights;
13. Documentation of the family's ability to
				  pay, unless it is kept in a separate financial file; and
14. Record access log listings of any
				  individual, except parents and authorized employees, obtaining access to the
				  early intervention record, including the individual's name, date of access, and
				  purpose of access.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part VII - Procedural Safeguards › Section 12VAC35-225-340 - Confidentiality of personally identifiable information

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department, local lead agencies, and
				  all early intervention service providers shall ensure the confidentiality of
				  personally identifiable information collected, maintained, or used under Part C
				  from the point in time when the child is referred to the local early
				  intervention system until the later of when the provider agency is no longer
				  required to maintain or no longer maintains that information under applicable
				  federal and Virginia laws. Confidentiality shall be maintained at the
				  collection, maintenance, use, storage, disclosure, and destruction
				  stages.
B. One official at each
				  local lead agency and each early intervention service provider shall assume
				  responsibility for ensuring confidentiality of any personally identifiable
				  information.
C. The department,
				  local lead agency, and all early intervention service providers shall train all
				  persons collecting or using personally identifiable information regarding
				  federal and Virginia requirements for safeguarding records and personally
				  identifiable information.
D. Each
				  local lead agency and early intervention service provider shall maintain, for
				  public inspection, a current listing of the names and positions of those
				  employees within the local lead agency and early intervention service provider
				  who have access to personally identifiable information.
Statutory Authority: § 2.2-5304 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part VII - Procedural Safeguards › Section 12VAC35-225-350 - Inspection and review of early intervention service records

Current through Register Vol. 40, No. 24, July 15, 2024
A. Parents of
				  infants and toddlers who are referred to or receive early intervention services
				  shall have the right to inspect and review all early intervention records
				  collected, maintained, or used by the local lead agency or early intervention
				  service providers, including records related to eligibility determination,
				  assessments for service planning, development and implementation of IFSPs,
				  provision of early intervention services, individual complaints involving the
				  child, or any other part of the child's early intervention record.
B. The local lead agency and early
				  intervention service providers shall provide parents, upon request, a list of
				  the types and locations of early intervention records collected, maintained, or
				  used by the local lead agency and early intervention service
				  providers.
C. If any early
				  intervention record includes information on more than one child, the parent has
				  the right to inspect and review only the information relating to his child or
				  to be informed of that specific information.
D. The right to inspect and review records
				  includes the right to:
1. A response from the
				  local lead agency or early intervention service provider to reasonable requests
				  for explanations and interpretations of the early intervention
				  records;
2. Request that the local
				  lead agency or early intervention service provider provide copies of the early
				  intervention records if failure to provide those copies would effectively
				  prevent the parent from exercising the right to inspect and review the records;
				  and
3. Have a representative of
				  their choice inspect and review the records.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part VII - Procedural Safeguards › Section 12VAC35-225-370 - Maintenance of early intervention service records

Current through Register Vol. 40, No. 24, July 15, 2024
A. The local lead agency and early
				  intervention service providers shall inform the parent when personally
				  identifiable information collected, maintained, or used in the early
				  intervention system is no longer needed to provide services to the child and
				  shall destroy the information at the request of the parent.
B. A child's early intervention record shall
				  be destroyed at the request of his parent. However, a permanent record of a
				  child's name, date of birth, parent contact information, including address and
				  phone number, names of service coordinator or coordinators, early intervention
				  service provider or providers, and exit data, including year and age upon exit
				  and any programs entered into upon exiting, may be maintained without time
				  limitation.
C. The local lead
				  agency and early intervention service providers shall ensure early intervention
				  records are maintained for a minimum of three years following the child's
				  discharge from the local early intervention system.
Statutory Authority: § 2.2-5304 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part VIII - Dispute Resolution › Section 12VAC35-225-380 - Notification of complaint resolution options

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department shall ensure the
				  availability of procedures for resolving complaints through mediation, an
				  administrative complaint, or a due process hearing.
B. The service coordinator shall inform the
				  child's parent of all options for resolving complaints by providing written and
				  verbal information that explains the options and the procedures for each and
				  shall provide the parent with a contact at the department who can assist the
				  parent in filing a complaint.
Statutory Authority: § 2.2-5304 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part VIII - Dispute Resolution › Section 12VAC35-225-390 - Mediation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Mediation shall
				  be voluntary on the part of all parties; shall be available at any time to
				  parties to disputes involving any matter under Part C, including matters
				  arising prior to the filing of a due process complaint; and shall not be used
				  to delay or deny a parent's right to a due process hearing.
B. The department shall maintain a list of
				  individuals who are qualified mediators and knowledgeable in laws and
				  regulations relating to the provision of early intervention services and shall
				  select mediators on a random or rotational basis.
C. An individual who serves as a mediator
				  shall not be an employee of the department, a local lead agency, or an early
				  intervention service provider that is involved in the provision of early
				  intervention services or other services to the child and shall not have a
				  personal or professional interest that conflicts with the person's objectivity.
				  A person who otherwise qualifies as a mediator shall not be considered an
				  employee of the department, a local lead agency, or an early intervention
				  provider solely because he is paid by the agency to serve as a
				  mediator.
D. The department shall
				  appoint a trained and impartial mediator within five days of receiving the
				  request for mediation.
E. Each
				  session in mediation shall be scheduled in a timely manner and shall be held in
				  a location that is convenient to the parties involved in the dispute.
F. Mediation, including a written mediation
				  agreement reflecting agreements reached by the parties to the dispute, shall be
				  completed within 15 calendar days of the receipt by the department of notice
				  that both parties have agreed to mediation. If resolution is not reached within
				  15 days, the department shall inform the parents in writing that they may
				  request a due process hearing.
G.
				  Extensions of the 15-day timeline may be granted for good cause. If there is a
				  simultaneous request for mediation and a due process hearing, an extension
				  shall not result in a violation of the 30-day timeline for completion of the
				  due process hearing.
H. If the
				  parties resolve the dispute through the mediation process, the parties shall
				  execute a legally binding agreement that sets forth the resolution, states that
				  all discussions that occurred during the mediation process are confidential and
				  may not be used as evidence in any subsequent due process or civil proceeding,
				  and is signed by both the parent and a representative of the local lead agency
				  or early intervention service provider who has the authority to bind that
				  agency.
I. The department shall
				  bear the full cost of the mediation process.
Statutory Authority: § 2.2-5304 of the Code of
						Virginia.