23-13-22. Early intervention program for developmentally disabled infants.

(a) The director secretary of the department of human services executive office of health

and human services (EOHHS) shall ensure that all developmentally disabled infants from birth to

three (3) years of age shall be enrolled in the early intervention program. Beginning July 1, 2026,

EOHHS and the department of elementary and secondary education shall create a plan to allow

children to remain in early intervention until September 1 after their third birthday, as allowed by

federal law 20 U.S.C. § 1435(c). Further, such plan shall include, but not be limited to, seeking any

federal approvals necessary or desirable to implement the aforesaid policy. By January 1, 2028,

EOHHS shall allow children who turn three (3) years old between May 1 and August 31 to remain

in early intervention until September 1 after the child’s third birthday. Regulations governing the

delivery of services under this program, including eligibility criteria, shall be promulgated by the

department of human services EOHHS , with the advice of the interagency coordinating council;

provided, however, that all regulations promulgated by the department of health shall remain in full

force and effect until the time they are replaced by regulations promulgated by the department of

human services EOHHS . The regulations shall stipulate, at a minimum, the following provisions

that are consistent with the intent of this chapter:

(1) The director secretary shall develop and maintain a procedure for the earliest possible

identification and efficient referral of all developmentally disabled infants;

(2) The director secretary shall ensure that every infant identified and referred to this

program is enrolled as soon as possible after birth; and further, that for infants placed on a waiting

list for facility based group programming, an early intervention program shall be made available

within a thirty (30) day period from the time a need is identified in the individual program plan;

(3) Unless parents refuse the service, the home visiting component of the program shall

commence as soon as the infant has been identified as having a possible developmental disability;

(4) Any parent(s) who is/are dissatisfied with decisions or termination of service or with

practices and procedures of a particular agency or the department of human services EOHHS shall

notify the director secretary of the department of human services EOHHS in writing within thirty

(30) calendar days and the complaint shall be reviewed in accordance with department of health

EOHHS policy and procedures, as amended, and the Administrative Procedures Act, chapter 35 of

title 42.

(5) An early intervention program for purposes of this section shall mean a comprehensive

array of educational, developmental, health, and social services provided on a calendar year basis

to eligible infants, children, and their families as specified in program regulations.

(b) Within ninety (90) days after October 1, 2004, an evaluation plan describing outcome

measures that document the program’s successes and shortcomings from the previous fiscal year

shall be submitted to the speaker of the house of representatives, the president of the senate and the

house oversight committee and the governor and the interagency coordinating council.

Development of the plan shall be made in consultation with the entities with expertise in this area

and the interagency coordinating council. The plan shall include a memorandum of understanding

between the department of health, department of human services and the department of elementary

and secondary education that demonstrates coordination and continuity of early intervention

services among these departments.

(c) Within six (6) months after January 1, 2005 where prescribed outcomes documented in

the evaluation plan have not been accomplished the responsible agencies shall submit written

explanations for the shortfalls, together with their proposed remedies. The report shall also include

evaluation of the progress of the coordination efforts between the department of health and the

department of human services and the department of elementary and secondary education and the

interagency coordinating council and shall include any recommendations regarding modifications

of the reimbursement mechanisms of this chapter.

(d) Within twelve (12) months after August 1, 2005 a final report shall include the progress

of the coordination efforts between the department of health and the department of human services

and department of elementary and secondary education, interagency coordinating council and shall

include any recommendations regarding modifications to the comprehensive array of educational,

developmental, health and social services provided on a calendar year basis to eligible infants,

children and their families as specified in an early intervention system.

(e) All reports or documents required to be produced pursuant to 20 U.S.C. § 1471 et seq.,

shall be submitted to the speaker of the house, president of the senate and the chairpersons of the

appropriate house of representatives and senate oversight committees and the governor and the

interagency coordinating council. Adherence to such plans and reporting requirements, and budgets

and the timely achievement of goals contained therein shall be considered by the oversight

committees of the house of representatives and senate, among other relevant factors, in determining

appropriations or other systemic changes.

(i) The individual designated by the state to serve as the coordinator for Part C in EOHHS;

(ii) The individual designated by the state to serve as the coordinator for Section 619 of the

Individuals with Disabilities Education Act (IDEA) in the department of elementary and secondary

education;

(iii) Not fewer than three (3) representatives of early intervention provider agencies;

(iv) Not fewer than two (2) representatives of local education agencies (“LEA”);

(v) Not fewer than two (2) advocates or experts with demonstrated expertise in early

intervention or early childhood special education; and

(vi) Not fewer than two (2) parents of children who have received early intervention

services and have transitioned to early childhood special education within the preceding three (3)

years.

(2) The implementation advisory committee shall:

(i) Meet for a period of at least one year following the official effective date of the extension

policy;

(ii) Identify strategies to reduce administrative burdens on families, early intervention

providers, LEA, and the state including, but not limited to, the use of federal funds earmarked for

early intervention extension to the extent allowable;

(iii) Earmark appropriate federal early intervention funding and develop shared resources

to support training and development for early intervention providers and LEA regarding the

extension option; and

(iv) Develop strategies to maximize providers’ ability to support the new over-three (3)

population during spring and summer months, including through the appropriate use of group-based

therapies while maintaining services necessary to meet individualized developmental needs.

(3) All meetings of the implementation advisory committee shall be open to the public and

conducted in accordance with chapter 46 of title 42.

(4) Not later than September 30, 2031, the secretary shall prepare and submit to the speaker

of the house of representatives and the president of the senate a report evaluating the

implementation of the extension plan provided for in subsection (a) of this section. The report shall

include, but not be limited to: data regarding the number of families who elected to extend early

intervention services and the number of families who declined to extend early intervention services;

and an assessment of the impact of the extension provided for in subsection (a) of this section on

children, families, early intervention providers, LEA, and the state.

SECTION 2. Section 27-18-64 of the General Laws in Chapter 27-18 entitled "Accident

and Sickness Insurance Policies" is hereby amended to read as follows: